The URL can be used to link to this page

Home My WebLink AboutCOW 2023-10-23 COMPLETE AGENDA PACKETMonday, Tukwila City Council Agenda �J301LA IV o GI au+� 1908 ❖ COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counci/members: ❖ Kathy Hougardy ❖ De'Sean Quinn David Cline, City Administrator ❖ Kate Kruller ❖ Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp THE MEETING ON -SITE PRESENCE THE October WILL BE PHONE NUMBER For Technical 23, 2023; CONDUCTED BOTH ON -SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Support during the meeting call: 1-206-433-7155. 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 P.M. on the meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. PRESENTATION Utility Rate Study 101. John Ghllarducci, President, FCS Group Pg.1 5. PUBLIC HEARINGS Miscellaneous Zoning Code Amendments: (1) Accessory Dwelling Units Ordinance (2) Comprehensive Plan and Development Code Amendment Ordinance (3) Housekeeping and Parking Standards Ordinance To provide public hearing comments, please email citycouncil@tukwilawa.gov, provide your first and last name, and Pg.23 Pg.29 Pg.35 Pg.45 reference the public hearing topic in the subject line, by 5:00 p.m. on October 23, 2023. Once you have signed up by email, your name will be called upon during the meeting to speak for up to five minutes. Call 1-253-292-9750, ACCESS CODE: 670077847# to participate or click here to Join Microsoft Teams Meeting at 7:00 p.m. on October 23, 2023 to access the meeting. You may also attend the Public Hearing in person and provide your comments on -site. (continued...) COMMITTEE OF THE WHOLE MEETING October 23, 2023 Page 2 6. SPECIAL ISSUES a. Miscellaneous Zoning Code Amendments: (1) Accessory Dwelling Units Ordinance (2) Comprehensive Plan and Development Code Amendment Ordinance (3) Housekeeping and Parking Standards Ordinance b. Two ordinances updating the term end dates for Boards and Commissions. c. 2nd Quarter Financial Report. d. An update on School Safety. Pg.23 Pg.29 Pg.35 Pg.45 Pg.79 Pg•93 Pg.133 7. REPORTS a. Mayor b. City Council c. Staff 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURN TO SPECIAL MEETING ❖ SPECIAL MEETING ❖ ■ Ord #2712 ■ Res #2080 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Vouchers b. Authorize Mayor to sign a contract with KPG Psomas, Inc. for the 2024 Annual Overlay Program, in the amount of $149,383.03. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/16/23.] c. Authorize Mayor to sign a grant agreement with the Federal Emergency Management Agency (FEMA) for the Cooperating Technical Partners (CTP) program to fund Landslide Risk Assessment and Management Phase 1, in the amount of $150,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/16/23.] (continued..) Pg.135 Pg.157 SPECIAL MEETING October 23, 2023 Page 3 3. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 4. EXECUTIVE SESSION Collective Bargaining - Pursuant to RCW 42.30.140(4)(b). (45minutes) NO action will follow in the open meeting. 5. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. 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. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ Utility Rate Setting Basics Part of the Tukwila Financial Plan 2024 FCS GROUP Solutions -Oriented Consulting •:J Agenda Background Revenue Requirement Cost of Service Rate Design FCS GROUP Slide 2 w Background • FCS GROUP Solutions -Oriented consulting •:J Existing Water Rates SFR-MFR / DU 3/» 4 1" 1 1/" 2 2" 3" 4" 6" 8" 10" 12" $21.00 $56.00 $68.00 $98.00 $129.00 $185.00 $246.00 $372.00 $495.00 $619.00 $740.00 Consumption I ccf Commercial / Industrial Single Family Multiple Family Oct — May $6.15 $3.39 $4.08 Jun — Sep $7.38 $4.18 $5.02 FCS GROUP Slide 4 •:J Existing Sewer & Surface Water Rates Sewer Commercial / Industrial $57.02 / RCE $52.11 / RCE $109.13 / RCE Single Family $31.00 / RCE $52.11 / RCE $83.11 / RCE Multiple Family $31.00 / DU $52.11 / RCE 1 RCE = 750 cf Surface Water SFR All other $215.00 Tiered Rates by Percent Coverage cn FCS GROUP Slide 5 •:J Why Are Rate Studies Important? Your Utility Is A Business Revenues need to cover utility costs Revenues dedicated to utility purpose Quantifies policies, priorities, and initiatives • Tells the "true" cost of providing service Communicates impact of financial decisions Public meetings FCS GROUP Slide 6 •:J Comprehensive Rate Study: Start to Finish Communication Plan What level of communication is needed? N Do your rate structures align with your objectives? I Financial Policy Evaluation Rate Study Components Rate Design Are you adequately protected against financial risks? Revenue Requirement Forecast Cost -of - Service Analysis Are your revenues sufficient to achieve full cost recovery? Are you charging your customers equitably? -.1 FCS GROUP Slide 7 Revenue Requirement •:> FCS GROUP Solutions -Oriented Consulting •:J Revenue Requirement Introduction Utility rates are set to recover the cost of providing service Financial policies Operating costs (regular I ongoing) Employee salaries and benefits Routine inspections & maintenance Professional services Utilities / power Capital costs (periodic) Infrastructure replacement Facility expansions and upgrades I Year 1 Year 2 Year 3 Year 4 Year 5 Operating Capital co FCS GROUP Slide 9 •:J How Much Revenue is Needed? Financial Policy Impacts + Forecasted O&M Costs Rate Funded Capital + Existing & New Debt Service } J Annual Revenue Needs FCS GROUP Slide 10 •:J Example Financial Policies Operating Reserve* Capital Reserve Rate Funded Capital Debt Service Coverage Purpose Accommodate variations in revenue & expenses Emergency repairs, unanticipated capital, & project cost overruns Annual rate funded capital mechanism Compliance with existing debt covenants; Maintain credit worthiness Policy Examples Water - 90-120 days O&M Sewer = 45-60 days O&M Storm** = 120 days O&M 1-2% of the original cost of capital assets Annual depreciation Target 2.0 or higher; Minimum 1.5 *The City's current policy is to hold 20 percent of the previous year's revenue as an operating reserve, exclusive of non -operating, non -recurring revenues. **For stormwater utilities with monthly billing, 45-60 days is typical FCS GROUP Slide 11 •:J Capital Funding Philosophy Cash (pay-as-you-go) Higher near -term rates Existing customers pay 100% of costs Cr Debt Lowest near -term rates...but interest cost F, Spreads cost between existing / future customers Execute projects sooner; reduce effects of inflation Hybrid Cash fund repair and replacement projects Debt fund large expansion projects i; iddi FCS GROUP Slide 12 •* Revenue Requirement Summary (Example) $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- 15.00°9, 15.00% 8.00% i IOW 8.00% 111, 5.00% 4.00% -IMO 2.00% Ella MOO 2.00% 2.00% 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Operating Expenditures — Existing Debt Service New Debt Service Rate Funded Capital Current Revenue — —Revenue w/ Incr. w FCS GROUP Slide 13 Cost of Service *• FCSGROUP Solutions -Oriented Consulting • How Will Costs Be Equitably Distributed? Revenue requirement: How big is the pie? Jr Cost of service: How should the pie be sliced? Multi- family 5% Existing Structure (Example) Single- family 34% Commercial 1 Industrial 61% c i FCS GROUP Slide 15 •:J Sample Customer Classer% Single Family Residential (SFR) Multi -family Residential (MFR) Commercial 1 Industrial • Typically, largest customer group • Relatively low usage per unit • High peak demand • Lowest fire flow requirement; domestic sewer strength • Lower usage per dwelling unit • Usually master metered • Relatively constant use • Domestic sewer strength • Diversity in use per account • Can have relatively constant use • Highest fire flow requirement • Varying sewer strength FCS GROUP Slide 16 • Allocating the Costs of Service (Example) $1 million Flow Rate Revenue Requirement 60% of average monthly flow, $600,000 Single Family I Customer 25% of average 15% of average monthly flow, $250,000 monthly flow, $150,000 Multi Family Commercial FCS GROUP Slide 17 •:J Cost of Service Equity Shift Existing Structure (Example) Single- family 34% Multi- fami Multi- 5% family Commercial I Industrial 61% Cost -of -Service Structure (Example) Single- family 55% Commercial I Industrial 40% 5% FCS GROUP Slide 18 �•►> FCS GROUP Solutions -Oriented consulting •:J Rate Design = Revenue Collection Main goal is to recover target level of revenue Primary communication tool with customers Typically fixed and/or variable charges CONSUMPTION HISTORY Sep Nov Jan Mar May . Jul Sep 2020 2021 PREVIOUS BALANCE PAYMENTS PAST DUE BALANCE BASE CHARGE CONSUMPTION SUMMERSURCHARG E KC ROW FEE TOTAL NEW CHARGE 92.25 -92.25 0.00 62.50 15.00 4.00 6.00 87.50 FCS GROUP Slide 20 •:J Types of Rate Structures $ Flat Rate Fixed Charge $40Imo. Seasonal Rate $ Fixed Charge $101mo. Winter Charge $1.00/ccf Summer Charge $1.501ccf Uniform Rate $ Fixed Charge $10Imo. Volume Charge $0.601ccf Inclining/Tiered Rate $ Fixed Charge $101mo. 0-10 ccf $0.50 I ccf 10-20 ccf $0.75 I ccf >20ccf $1.00/ccf Allowance Rate $ Fixed Charge $12/mo. 0 -10 ccf $0.00/ccf Use >10 ccf $1.00/ccf Fixed charges for water utilities are typically charged by meter size Flat rates are common for Sewer and Stormwater rates Sewer moving to volume -based rates FCS GROUP Slide 21 Thank you! Questions? John Ghilarducci (425) 336-1865 JohnGfcsgroup.com Zech Hazel (503) 374-0688 ZechariahH@fcsgroup.com www.fcsgroup.com **• FCS GROUP Solutions -Oriented consulting COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared lr}, Mayor's review Council review 10/23/23 NT 11/6/23 NT ITEM INFORMATION ITEM No. 5 & 6.A. STAFF SPONSOR: NEIL TABOR ORIGINAL AGENDA DATE: 10/23/23 AGENDA ITEM TITLE Zoning Code Amendment Package, Fall 2023 CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 11/6/23 ❑ Bid Award Mtg Date ® Public Hearing Mtg Date 10/23/23 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admit? Arcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PTA SPONSOR'S SUMMARY This proposal includes three draft ordinances to: address updates to state law that the TMC does not currently comply with; improve the comprehensive plan and development regulation update process; and address errors and housekeeping items identified in code. The Planning Commission held a public hearing on 9/14/23, and voted to forward the draft ordinances with a recommendation for approval with no modifications. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 10 / 2/ 23 ® Planning & Community Dcv. ® Planning Comm. COMM' I IEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/23/23 11/6/23 MTG. DATE ATTACHMENTS 10/23/23 Info Memo Draft Ordinance (Accessory Dwelling Standards) Draft Ordinance (Comprehensive Plan Amendment & Zoning Text Amendment) Draft Ordinance (Parking Standards & Housekeeping Items) <revised after Committee> Table 18-6 (In reference to Draft Ordinances) PCD 7/17/23 Meeting Minutes Planning Commission 9/14/23 Public Hearing Minutes (DRAFT) 10/2 PCD Committee minutes 23 24 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee FROM: Nora Gierloff, AICP, Director DCD BY: Neil Tabor, AICP, Senior Planner CC: Mayor Ekberg DATE: October 2, 2023 SUBJECT: Zoning Code Amendment Package, Fall 2023 ISSUE Should staff make amendments to development regulations within TITLE 17 — SUBDIVISIONS AND PLATS and TITLE 18 — ZONING to comply with changes in state law, correct errors identified, amend regulatory requirements, and clarify the code and comprehensive plan amendment process? BACKGROUND Staff has identified a number of areas of Tukwila's code that will be impacted by recent changes in state law, are ambiguous in their current form, or could be amended to provide a clearer and more efficient process. Due to the amount of recent state legislation that will require code amendments by June 2025, and the time required with the Planning Commission and City Council for the comprehensive plan update, staff suggests separating state law mandated code amendments into multiple code amendment packages, and pairing these items with other beneficial amendments as capacity allows. The topic was reviewed at the July 17th PCD meeting, August 24th, 2023, Planning Commission meeting, and a public hearing was held before the Planning Commission on September 14th 2023. There was no public comment received on the topic, and a recommendation to forward the proposed amendments to the Council for approval with no modifications was received from the Planning Commission. DISCUSSION The following amendments are proposed, as organized by proposed ordinance. Proposed Accessory Dwelling Unit Ordinance 1. Accessory Dwelling Units (ADUs) • Amend TMC 17.14.060 to allow ADUs to use the unit lot subdivision process • Amend TMC 18.06.016 to update ADU definition • Amend TMC 18.50.220 ADU standards to comply with upcoming updates to state law 25 INFORMATIONAL MEMO Page 2 • Remove TMC 18.50.230 regarding ADU Owner Occupancy Compliance EHB 1337 was passed in the 2023 legislative session, which requires Tukwila, and other jurisdictions across the state, to amend accessory dwelling unit (ADU) regulations to comply with certain minimum allowances by June 2025. Tukwila's regulations currently exceed these limits. Staff suggests adopting this update now to preserve additional Planning Commission and staff time for other required work that will be necessary over the next year and a half and to allow residents to use these provisions earlier. Major updates required to comply with standards within EHB 1337 include: • Removing owner -occupancy requirements • Increasing the number of ADUs permitted per lot from one to two • Increasing the maximum size allowance from 800 sqft to 1,000 sqft • Allowing ADUs to be sold to separate owners through the condo process Proposed Comprehensive Plan and Development Regulations Amendment Process Ordinance 2. Comprehensive Plan and Development Regulations Amendment Process • Amend TMC 18.80 to remove references to amending development regulations and clarify comprehensive plan amendment docketing process • Create TMC 18.82 "Amendments to Development Regulations" • Amend TMC 18.84 to clarify sequencing of site specific rezones with annual comprehensive plan amendments Staff proposes separating the process for amendments of the comprehensive plan and development regulations through creation of a new section of municipal code, TMC 18.82 "Amendments to Development Regulations". The state Growth Management Act (GMA) restricts amendments to the comprehensive plan to only once a year, while development regulations are not bound to the same restriction and multiple amendments may be needed per year based on changes to state law, court rulings, identification of errors or inconsistencies in code, interpretations, or implementation of other planning projects. It is the intent that separation of these two processes will provide more flexibility to update development regulations to keep up with changes in state requirements, more efficiently distribute staff workload, and provide more clarity to applicants. Proposed amendments to TMC 18.84, Requests For Changes In Zoning, clarify the timeline and sequencing of rezone requests to comply with GMA limitations of how often the comprehensive plan can be updated and provide clarity to applicants. Proposed Parking and Housekeeping Ordinance (Topics 3-7) 26 C:\Users\andy-y\AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\INFO MEMO - CODE AMENDMENTS.docx INFORMATIONAL MEMO Page 3 3. Parking Near Transit Requirements • Amend Figure 18-7 to update parking standards to comply with state requirements • Updating parking requirements for ADUs near transit to comply with RCW 36.70A.698 SHB 2343 became effective on June 11, 2020, codified in RCW 36.70A.620, limiting the amount of parking jurisdictions can require for market rate housing, very low, and extremely low- income housing, and housing for seniors or persons with disabilities near transit. Staff proposes updating the parking table (Figure 18-7) to comply with this existing state requirement. 4. Home Occupation Standards • Modify TMC 18.06.430 to remove regulations from home occupation definition • Create TMC 18.50.240 section "Home Occupations" Staff is proposing to remove home occupation, or home -based business, standards from the definition of the term and create a new section with these standards. Staff also proposes to add other standards to limit the impact of home occupations on their surrounding neighborhoods. Per the advice of legal staff, a distinction for allowances between typical home -based businesses and those with special protections under Washington State law is also proposed. 5. Wireless Communication Facility Permit Application Types and Procedures • Amend TMC 18.104 to reflect accurate wireless facility terminology Staff identified provisions within the permit application types and procedures that are not consistent with language that was updated with the last wireless code update. The proposed draft code amends the items listed in the tables within TMC 18.104 for consistency with the language for these types of applications within TMC 18.58, Wireless Communication Facilities. 6. Variance Requirements for Lot Area • Amend TMC 18.70.030 to modify when a lot that is substandard due to lot area needs to apply for a variance prior to development Current regulations require that development on lots not meeting the minimum lot area receive a variance prior to developing even a single-family home. This change would provide lots not meeting the lot area minimums with the ability to develop without a variance if all other development standards (setbacks, lot coverage, environmental, etc.) are met. Removing the variance requirement would remove a barrier to development that adds additional unnecessary cost and time to development, as well as staff time. Roughly 20% of Low Density Residential (LDR) lots in Tukwila do not meet the minimum lot size requirements and would require a variance if developed or redeveloped. C:\Users\andy-y\AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\INFO MEMO - CODE AMENDMENTS.docx 27 INFORMATIONAL MEMO Page 4 7. Amend Footnote Referencing Tukwila South Residential Design Manual • Amend Table 18-6 to remove footnote #14 and reference in table Staff identified a footnote reference that is now out of date after the adoption of the Tukwila South Residential Design Manual and proposes removing this footnote and reflecting in the table. FINANCIAL IMPACT N/A RECOMMENDATION The Council is being asked to hold public hearings at the October 23rd, 2023, Committee of the Whole meeting, and approve the ordinances at the November 6th, 2023, Regular Council Meeting. ATTACHMENTS A. Ordinance in draft form (Accessory Dwelling Units) B. Ordinance in draft form (Comprehensive Plan and Development Regulations Amendment Process) C. Ordinance in draft form (Parking and Housekeeping) D. Table 18-6 Proposed Edits E. 7-17-23 Planning and Community Development Minutes F. 9-14-23 Planning Commission Public Hearing Minutes (DRAFT) 28 C:\Users\andy-y\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\INFO MEMO - CODE AMENDMENTS.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758 §1 (PART), 1976 §5, 2098 §1, 2199 §4, AND 2581 §1, §11, AS CODIFIED AT VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE (TMC) TITLES 17 AND 18; REPEALING ORDINANCE NO. 2581 §12 AS CODIFIED AT TMC SECTION 18.50.220, TO UPDATE ACCESSORY DWELLING UNIT REGULATIONS IN ALIGNMENT WITH STATE LAW AND ENCOURAGE HOUSING PRODUCTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is an incorporated city within a fully planning jurisdiction under the Growth Management Act (GMA), per RCW 36.70A.040; and WHEREAS, the City of Tukwila is subject to the provisions of Engrossed House Bill ("EHB") 1337 as a fully planning jurisdiction; and WHEREAS, Tukwila Municipal Code (TMC) Title 17, "Subdivisions and Plats," and Title 18, "Zoning," establishes a definition and development regulations related to Accessory Dwelling Units (ADUs); and WHEREAS, many of the development regulations existing within the TMC regarding ADUs need to be updated in alignment with EHB 1337; and WHEREAS, the City desires to expand housing development opportunities to support the City's growing need for housing; and WHEREAS, on September 11, 2023, the City submitted the proposed amendment to the Washington State Department of Commerce for its 60-day review and received documentation of completion of the procedural requirement (Submittal ID 2023-S-6428); and WHEREAS, in taking the actions set forth in this ordinance, the City has complied with the requirements of the State Environmental Policy Act, Chapter 43.21C RCW and any action taken by a City to comply with the requirements of EHB 1337 is not subject to legal challenge under Chapter 43.21 C RCW; and CC:\Legislative Development\Update ADU regulations 9-19-23 N.Tabor A.Youn Page 1 of 6 29 WHEREAS, on September 14, 2023, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on October 23, 2023, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; and WHEREAS, based on careful consideration of the facts and law, the City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The Tukwila City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below are consistent with EHB 1337. Section 2. TMC Section 17.14.060 Amended. Ordinance No. 2199 §4, as codified at TMC Section 17.14.060, "Unit lot subdivisions," subparagraph A, is hereby amended to read as follows: 17.14.060 Unit lot subdivisions A. Sites developed or proposed to be developed with townhouses, cottage housing, compact single-family, accessory dwelling units, or zero -lot line units may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. Any private, usable open space for each dwelling unit shall be provided on the same lot as the dwelling unit it serves. Section 3. TMC Section 18.06.016 Amended. Ordinance No. 2581 §1, as codified at TMC Section 18.06.016, "Accessory Dwelling Unit," is hereby amended to read as follows: 18.06.016 Accessory Dwelling Unit the primary dwelling unit, both in use and appearance. "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. CC:\Legislative Development\Update ADU regulations 9-19-23 N. Tabor A.Youn Page 2 of 6 30 Section 4. TMC Section 18.06.248 Amended. Ordinance Nos. 1758 §1 (part), 1976 §5, and 2098 §1, as codified at TMC Section 18.06.248, "Dwelling, Single -Family," are hereby amended to read as follows: 18.06.248 Dwelling, Single -Family "Single-family dwelling" means a building, modular home or new manufactured home, designed to contain no more than one dwelling unit plus twoene accessory dwelling units. Section 5. TMC Section 18.50.220 Amended. Ordinance No. 2581 §11, as codified at TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," is hereby amended to read as follows: 18.50.220 Accessory Dwelling Unit (ADU) Standards A. For the purposes of this section, terms shall be defined as follows: 1. "Major transit stop" means a stop on a high -capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW, including but not limited to: commuter rail stops, stops on rail or fixed guideway systems, including transitways, stops on bus rapid transit routes, or routes that run on high -occupancy vehicle lanes, stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays. 2. "Principal Unit" means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit. AB. General Standards. 1. Detached ADUs may only be built on lots that mcct the minimum lot size lot size requirement. 21. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a maximum of two (2) ADUs. These ADUs may be either attached or detached. family dwelling. 32. Attached ADUs may occupy a maximum of 40% of the square footage of the principal unit primary single family dwelling (excluding the area of any attached garage) or up to 1,000 square feet, whichever is less. 4. Attached ADUs created through additions to the primary single family dwelling shall be consistent with the roof pitch, materials and window type of the existing structure. 53. Detached ADUs may be a maximum of 1,000 800 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. CC:\Legislative Development\Update ADU regulations 9-19-23 N.Tabor A.Youn Page 3 of 6 31 6 . Detached ADUs may be up to 25 20 feet in height_., except that an AD I bi lilt over a detached garage may be up to 25 feet in total height 75. ADUs are subject to the development standards of the zoning district they are located within. Development standards relating to setbacks and development coverage do not apply to conversions of existing non -conforming structures that are proposed for ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley. Detached AD Is must be set bock at least as far from the street as the primary single family dwelling. This deos not, t apply e the second front where there is at least 60 feet between the existing single family dwelling and the front property line. 8. ADUs should be designed and located in a manner that minimizes the practical using clerestory windows or obscure glass. Screening with fences and landscaping can be used to limit visibility of ADUs and enhance privacy. 9. The ADU may not be sold as a condominium or otherwise segregated in ownership from the primary single family dwelling. 10 . ADUs may not be rented for periods of less than 30 days. . Parking. 1. See Figure 18-7 for parking requirements. One off street parking space must be provided for each studio or one bedroom ADU, with one additional space required for each additional bedroom. 2. These ADU parking spaces are in addition to any parking spaces required for the primary single family dwelling. 32. Tandem spaces are permitted. C. Owner Occupancy Requirement. 1. A person who owns at least 50% of the property must physically reside in either the ADU or the primary single family dwelling. The owner's unit may not be rented to another party for any period of time 2. The owner must provide documentation of their occupancy such as a the residency requirement shall result in the loss of ADU registration and penalties per TMC Chapter 5.06. 3. The owner or owners must sign and record an affidavit on forms provided by the City acknowledging that this requirement shall run with the land. 4. If the owner occupancy requirement is violated an owner shall either: a. Re occupy one of the units, or CC:\Legislative Development\Update ADU regulations 9-19-23 N. Tabor A.Youn Page 4 of 6 32 b. Remove the elements of the accessory dwelling unit that make it a complete, separate dwelling unit. subject n—enfornement and penalties aas prescribed in TEAL Chapter Q 45 and the issuance of a Notice of Violation and Order in accordance with TMC Section 8.45.070. Section 6. Repealer. Ordinance No. 2581 §12, as codified at TMC Section 18.50.230, "Accessory Dwelling Unit (ADU) Registration Procedures," is hereby repealed, thereby eliminating TMC Section 18.50.230. 18 50.230 AccessoryDwellin�i4t (A�Reg-istra ' Pro`ed s A. To gain the City's approval to establish an ADU, a property owner shall submit permit for any necessary remodeling nr constr action B. All A wilting prior to enactment of these requirements shall apply for the following standards: 1. Exceeding the permitted height for a detached ADU. maximum of 1,200 square feet. 3. Only providing one parking space when the ADU requires more. 4. Having a roof pitch of less than 5:12. 5. Location of the ADU on the lot. C. Illegally created ADUs must be brought into compliance with the life safety requirements of the Tukwila Municipal Code, International Residential Code and International Property Maintenance Code or they must be removed. D. If either the primary single family dwelling or the ADU will be rented, a Residential Rental Business License per TMC Chapter 5.06 must be obtained prior to occupancy of the unit by a tenant. Section 7. Corrections by City Clerk or Code Reviser Authorized. 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. CC:\Legislative Development\Update ADU regulations 9-19-23 N.Tabor A.Youn Page 5 of 6 33 Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: CC:\Legislative Development\Update ADU regulations 9-19-23 N.Tabor A.Youn 34 Page 6 of 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE (TMC) CHAPTERS 18.80 AND 18.84 AS DETAILED HEREIN; REPEALING ORDINANCE NOS. 1770 §53 AND 2368 §65, AS CODIFIED AT TMC SECTION 18.80.015; ESTABLISHING TMC CHAPTER 18.82, "AMENDMENTS TO DEVELOPMENT REGULATIONS"; TO CLARIFY THE PROCESS FOR UPDATING THE ANNUAL COMPREHENSIVE PLAN DOCKET AND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila Municipal Code (TMC) Chapter 18.80, "Amendments to Comprehensive Plan and Development Regulations," requires that all changes to development regulations in the Zoning Code follow the same standards as changes to the Comprehensive Plan; and WHEREAS, RCW 36.70A.130(2)(a) limits amendments to the Comprehensive Plan to once every year but does not have a restriction on how often zoning text amendments can occur; and WHEREAS, the Tukwila Municipal Code currently restricts zoning text amendments and limits flexibility to correction of text errors, consistency with state requirements, and distribution of staff workload throughout the year; and WHEREAS, these restrictions on zoning text amendments are significantly more limiting than in other jurisdictions comparable to Tukwila in population and area (i.e., South King County); and WHEREAS, decoupling the Comprehensive Plan update process from the zoning text amendment process would provide more flexibility for staff and reduce Planning Commission workload; and CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn Page 1 of 10 35 WHEREAS, separating the Comprehensive Plan update process from the zoning text amendment process would provide a more flexible and predictable process for private applicants; and WHEREAS, housekeeping changes to TMC Chapter 18.80 would remove outdated references and provide additional clarity on the annual docketing process for Comprehensive Plan amendments; and WHEREAS, a new TMC Chapter 18.82 is proposed that would provide separate procedures for zoning text amendments not related to a Comprehensive Plan amendment; and WHEREAS, housekeeping changes to TMC Chapter 18.84 would clarify that site - specific rezones may only be considered and adopted once a year in conformance with the Growth Management Act limitation on amendments to Comprehensive Plans; and WHEREAS, on September 11, 2023, the City submitted the proposed amendment to the Washington State Department of Commerce for its 60-day review and received documentation of completion of the procedural requirement (Submittal ID 2023-S-6428); and WHEREAS, in taking the actions set forth in this ordinance, the City has complied with the requirements of the State Environmental Policy Act, Chapter 43.21C RCW; and WHEREAS, on September 14, 2023, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on October 23, 2023, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; and WHEREAS, based on careful consideration of the facts and law, the City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The Tukwila City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. TMC Section 18.80.010 Amended. Ordinance Nos. 1758 §1, 1770 §52, and 2368 §64, as codified at TMC Section 18.80.010, "Application," are hereby amended to read as follows: CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn 36 Page 2 of 10 18.80.010 Application A. Any interested person (including applicants, citizens, Tukwila Planning Commision, residents, City staff and officials, and staff of other agencies) may submit an application for an text amendment to cithcr the Comprehensive Plan or the development regulations to the Department of Community Development. Such applications, except site specific rezones along with the underlying Comprehensive Plan map change, are for legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the requircmcnts of TMC Section 18.80.015, Tthe application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current Comprehensive Plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Section 3. Repealer. Ordinance Nos. 1770 §53 and 2368 §65, as codified at TMC Section 18.80.015, "Documents to be Submitted with Application," are hereby repealed, thereby eliminating TMC Section 18.80.015. 18.80.015—laycum tc be Submi4 pli e��t�ncted-�v+ cat+en A. Applications for amendments to the Comprehensive Plan or development regulations shall provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King County Assessor"s map(s) which show the location of each property within 300 feet of the property that is the subject of the proposed amendment. CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn Page 3 of 10 37 3. Two sets of mailing labels for all property owners and occupants (businesses and residents), including tenants in multiple occupancy structures, within 300 feet of the subject property, or pay a fee to the City for generating mailing labels. 4. A vicinity map showing the location of the site. 5. A surrounding area map showing Comprehensive Plan designations, zoning designations, shoreline designations, if applicable, and existing land-u.,es within 000 foot radius from the site"s property lines. 6. A site plan, including such details as may be required by the Department. 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and building elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in c 'alu osal, including color renderings economic analyses photos or material sample boards. B. The Department shall have the authority to waive any of the requirements of this discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. Section 4. TMC Section 18.80.020 Amended. Ordinance Nos. 1758 §1, 1770 §54 , and 2071 §1, as codified at TMC Section 18.80.020, "Docket," are hereby amended to read as follows: 18.80.020 Comprehensive Plan Amendment Docket A. rurpose. The purpose of this section is to establish procedures, pursuant to chapter RCW 36.70A, for the review and amendment of the Comprehensive Plan. The Department shall maintain a docket of all proposed changes to the Comprehensive Plan and development regulations that are submitted. 1. The Growth Management Act, chapter RCW 36.70A, provides that the Comprehensive Plan amendments be considered no more than once a year with limited exceptions. The Growth Management Act further provides that all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. 2. The Annual Comprehensive Plan Amendment Review Docket ("Annual Review Docket") will establish the annual list of proposed Comprehensive Plan amendments and related development regulations that the City Council determines should be included for review and consideration for any given year. CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn 38 Page 4 of 10 3. Placement of an amendment request on the Annual Review Docket does not mean the amendment request will be approved by the City Council. B. If either the Department or the Council determines that a proposed change may be is an emergency, the Department shall prepare the staff report described below and forward the proposed change to the Council for immediate consideration, subject to the procedural requirements for consideration of amendments. An emergency amendment is a proposed change or revision that necessitates expeditious action to address one or more of the following criteria: 1. Preserve the health, safety or welfare of the public. 2. Support the social, economic or environmental well-being of the City. 3. Address the absence of adequate and available public facilities or services. 4. Respond to decisions by the Central Puget Sound Growth Management Hearings Board, the state or federal courts, or actions of a state agency or the legislature. B . Non -emergency changes shall be compiled and submitted to the Council for review on an annual basis in March to establish items to be included on the annual docket, and so that cumulative effects of the proposals can be determined.- Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review, unless the Council or the Department determines the proposed change may beis an emergency. Section 5. TMC Section 18.80.030 Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.80.030, "Notice and Comment," is hereby amended to read as follows: 18.80.030 Notice and Comment The docket of proposed changes shall be posted on the Department of Community Development's website and posted in the offices of the Department and made available to any interested person. -At least four weeks28 days -prior to the Council's annual consideration of the changes proposed on the docket, the City shall publish a notice in a newspaper of general circulation in the City, generally describing the proposed changes including areas affected, soliciting written public input to the Department of Community Development on the proposed changes, and identifying the date on which the Council will consider the proposed changes. Section 6. TMC Section 18.80.040 Amended. Ordinance No. 1758 §1, as codified at TMC Section 18.80.040, "Staff Report," is hereby amended to read as follows: 18.80.040 Staff Report A. At least two weeksl4 days -prior to Council consideration of any proposed amendment to either the CGomprehensive ?plan or development rcgulations, the Department shall prepare and submit to the Council a staff report which addresses the following: 1. the issues set forth in this chapter An evaluation of the application material; CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn Page 5 of 10 39 2. Impact upon the Tukwila Comprehensive Plan and zoning code; 3. Impact upon surrounding properties, if applicable; 4. Alternatives to the proposed amendment; and 5. Appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection, or deferral of each proposed change. Section 7. TMC Section 18.80.050 Amended. Ordinance Nos. 1758 §1, 1770 §55, 1856 §1, and 2368 §66, as codified at TMC Section 18.80.050, "Council Consideration," are hereby amended to read as follows: 18.80.050 Review Procedure for Comprehensive Plan Docket Requests A. The City Council shall consider each request for an amendment to either the Comprehensive Plan or development regulations, except site specific rezones along with the request for a Comprehensive Plan map change, at a public Council meeting, at which the applicant will be allowed to make a presentation. Aany person may submitting a written comment on the proposed change or ;hallalso be allowed an opport„nity to make an responsive oral presentation. Such opportunities for oral presentation shall be subject to reasonable time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC Sections 18.80.050.A and 18.80.050.B, the City Council shall take action as follows: 1. Add the proposed amendment to the Annual Review Docket and rRefer the proposed amendment it to the Planning Commission for further review and a recommendation to the City Council; 2. Defer further Council consideration for one or more years to allow the City further time to evaluate the application of the existing plan or regulations and consider it as part of a future Annual Review Docket; or 3. Reject the proposed amendment. CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn 40 Page 6 of 10 Section 8. Regulations Established. TMC Chapter 18.82, "Amendments to Development Regulations," is hereby established to read as follows: CHAPTER 18.82 AMENDMENTS TO DEVELOPMENT REGULATIONS Sections: 18.82.010 Application 18.82.020 Staff Report 18.82.030 Review Procedures 18.82.040 Council Decision Section 9. Regulations Established. TMC Section 18.82.010, "Application," is hereby established to read as follows: 18.82.010 Application Any interested person (including applicants, residents, City staff and officials, and staff of other agencies) may submit an application for a text amendment to the Tukwila Municipal Code development regulations to the Department. Such applications are legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. The application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current regulations are deficient or should not continue in effect; 4. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, stormwater or shoreline plans) if the proposed amendment is adopted; 5. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 6. A statement of what other changes, if any, are required in other City codes plans or regulations to implement the proposed change. Section 10. Regulations Established. TMC Section 18.82.020, "Staff Report," is hereby established to read as follows: 18.82.020 Staff Report A. Prior to consideration of any proposed amendment, the Department shall prepare and submit to the reviewing body a staff report that addresses the following: 1. An evaluation of the application materials; CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn Page 7 of 10 41 2. Impact upon the Tukwila Comprehensive Plan and Zoning Code; 3. Impact upon surrounding properties, if applicable; 4. Alternatives to the proposed amendment; and 5. Appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection, or deferral of each proposed change. Section 11. Regulations Established. TMC Section 18.82.030, "Review Procedures," is hereby established to read as follows: 18.82.020 Review Procedures The following shall apply to processing a text amendment to development regulations: 1. The City Council shall either forward the amendment to the Planning Commission for a recommendation or reject the amendment. 2. If the Planning Commission is directed to review the amendment, the Planning Commission shall, after considering the amendment at a public hearing, vote and forward a written recommendation to the City Council. 3. The Planning Commission's written recommendation shall be presented to the City Council unchanged and accompanied by an Informational Memorandum that includes any staff proposed changes to the Planning Commission's recommendation. If any of staff's proposed changes are substantively different from the Planning Commission's recommendation, the City Council may remand the changes to the Planning Commission before proceeding further with action on the amendment. 4. At least one public hearing shall be held before the Planning Commission prior to the City Council acting on an amendment. An additional hearing before the City Council may be held at the Council's discretion. 5. At least 14 days prior to the public hearing, the City shall publish a notice in the City's newspaper of record generally describing the proposed changes including areas affected, soliciting written public input to the Department on the proposed changes, and identifying the date on which the proposed changes will be considered. Section 12. Regulations Established. TMC Section 18.82.040, "Council Decision," is hereby established to read as follows: 18.82.040 Council Decision Following receipt of the Planning Commission's recommendation on a proposed amendment the City Council may: 1. Adopt the amendment as proposed; CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn 42 Page 8 of 10 2. Modify and adopt the proposed amendment; 3. Remand to the Planning Commission for further proceedings; or 4. Deny the proposed amendment. Section 13. TMC Section 18.84.010 Amended. Ordinance Nos. 2116 §1 and 2368 §67, as codified at TMC Section 18.84.010, "Application Submittal," are amended to read as follows: 18.84.010 Application Submittal Applications for rezone of property, along with the request for a Comprehensive Plan map change, shall be submitted to the Department of Community Development. Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review. A Site site specific rezone and the accompanying Comprehensive Plan map change application shall be a Type 5 decision processed in accordance with the provisions of TMC Section 18.108.050. Section 14. TMC Section 18.84.040 Amended. Ordinance No. 2116 §1, as codified at TMC Section 18.84.040, "Ordinance Required," is amended to read as follows: 18.84.040 Ordinance Regui "edCouncil Decision A. After holding a public hearing and evaluating the application against the criteria at TMC Section 18.84.020, the City Council may: 1. Adopt the rezone and map amendment as proposed; 2. Modify or condition the proposed rezone and map amendment; or 3. Deny the proposed rezone and map amendment. B. Action under TMC Chapter 18.84, which amends the official Zoning Map, shall require the adoption of an ordinance by the City Council pursuant to the Tukwila Municipal Code and State law. Due to the Growth Management Act, RCW 36.70A, which provides that Comprehensive Plan amendments be considered no more frequently than once a year, any rezone ordinance must be adopted by the Council concurrently with action on the Annual Review Docket items. Section 15. Corrections by City Clerk or Code Reviser Authorized. 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 16. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn Page 9 of 10 43 Section 17. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC:\Legislative Development\Comp Plan & Development Regulations 9-25-23 N.Tabor A.Youn 44 Page 10 of 10 NOTE: Shaded text in Exhibit A, Table 18-6 reflects changes made after discussion at the 10/2/23 Planning & Community Development Committee meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING," AS DELINEATED HEREIN, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS AND PARKING REGULATIONS RELATED TO: DEFINITIONS (TMC CHAPTER 18.06), NONCONFORMING LOTS, STRUCTURES AND USES (TMC CHAPTER 18.70), AND PERMIT APPLICATION TYPES AND PROCEDURES (TMC CHAPTER 18.104); AMENDING FIGURE 18-7 AND TABLE 18-6; ESTABLISHING TMC SECTION 18.50.240; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is an incorporated city within a fully planning jurisdiction under the Growth Management Act (GMA), per RCW 36.70A.040; and WHEREAS, the City reviews development regulations to ensure clarity, fairness, and consistency with State law; and WHEREAS, the City desires to update its regulations pertaining to parking near transit services in alignment with RCW 36.70A.620; and WHEREAS, Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," contains regulations for home occupations that are inconsistent with the general structure of other development regulations; and WHEREAS, amending home occupation regulations will prevent impacts to surrounding properties that will be beneficial to home occupation business owners and neighbors of home occupation businesses; and WHEREAS, terminology used in TMC Chapter 18.58, "Wireless Communication Facilities," is inconsistent with terminology used in TMC Chapter 18.104, "Permit Application Types and Procedures," and the City desires to clarify and standardize the language for staff and applicants; and CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N. Tabor A.Youn Page 1 of 11 45 WHEREAS, current development regulations require existing lots of records that do not adhere to the minimum lot area and/or lot width for their underlying zone to receive a variance prior to the development of an undeveloped lot; and WHEREAS, the process to receive a variance can be extensive, requiring significant staff time, increasing project time, and increasing the applicant's overall project cost; and WHEREAS, removing the variance requirement for existing lots of records that do not adhere to the minimum lot area and/or lot width, but comply with all other development standards, would create efficiencies in staff time and would also save applicants time and costs; and WHEREAS, Table 18-6, "Land Uses Allowed by District," references minor outdated information that is no longer applicable and should be updated for clarity; and WHEREAS, the City desires to update parking requirements for accessory dwelling units in alignment with RCW 36.70A.698 and Engrossed House Bill ("EHB") 1337; and WHEREAS, on September 11, 2023, the City submitted the proposed amendment to the Washington State Department of Commerce for its 60-day review and received documentation of completion of the procedural requirement (Submittal ID 2023-S-6428); and WHEREAS, in taking the actions set forth in this ordinance, the City has complied with the requirements of the State Environmental Policy Act, Chapter 43.21C RCW; and WHEREAS, on September 14, 2023, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on October 23, 2023, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; and WHEREAS, based on careful consideration of the facts and law, the City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The Tukwila City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. TMC Figure 18-7 Amended. Ordinance Nos. 1758 §1 (part), 1795 §3 (part), 2251 §67, 2368 §55, and 2442 §3, as codified at TMC Section 18.56.050, "Required Number of Parking Spaces," are hereby amended to update Figure 18-7 as follows: CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn 46 Page 2 of 11 Figure 18-7 — Required Number of Parking Spaces for Automobiles and Bicycles NOTE: Automobile parking requirements for TUC -RC, TUC-TOD and TUC -Pond Districts are listed in TMC Section 18.28.260. Use Automobile Standard Bicycle Standard Single-family and multi -family dwellings 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and acccssory dwelling units as otherwise proved by this title. For multi -family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. Multi -family dwelling within one- 0.75 for each studio For multi -family, 1 space per quarter mile of a transit stop 1 for each one bedroom unit 10 parking stalls, with a that receives transit service at 2 for each unit two bedrooms or minimum of 2 spaces. least four times per hour for larger twelve or more hours per day. *See RCW 36.70A.620(3) Single-family and multi -family 0.75 for each studio For multi -family, 1 space per dwellings affordable to 0 - 50% 1 for each one bedroom unit 10 parking stalls, with a area median income (AMI) 2 for each unit two bedrooms or minimum of 2 spaces. No within one -quarter mile of a larger requirement for single family. transit stop that receives transit service at least two times per hour for twelve or more hours per day. *See RCW 36.70A.620(1) Accessory dwelling units 1 for each unit N/A Accessory dwelling units within No parking required N/A one -quarter mile of a major transit stop *See TMC 18.50.220(A)(1) CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn Page 3 of 11 47 Use Automobile Standard Bicycle Standard Multi -family and mixed -use residential (in the Urban Renewal Overlay (URO)) One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi -family dwelling unit. At least 75% of required residential parking is provided in an enclosed structure (garage or podium). The structure must be screened from view from public rights of way. One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential spaces on site. An additional space shall be provided for developments with over 200 parking spaces. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car -sharing spaces when the program becomes available One secure, covered, ground - level bicycle parking space shall be provided for every four residential units in a mixed -use or multi -family development. Senior citizen housing For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 space per 50 parking stalls, with a minimum of 2 spaces. Senior citizen housing and 1 for 15 beds with a minimum of 2, 1 space per 50 parking stalls, housing for persons with to accommodate staff and visitors with a minimum of 2 spaces. disabilities within one -quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day. *See RCW 36.70A.620(2) Religious facilities, mortuaries and funeral homes 1 for each 4 fixed seats 1 space per 50 parking stalls, with a minimum of 2 spaces. Convalescent/nursing/ rest homes 1 for every 4 beds with a minimum of 10 stalls 1 space per 50 parking stalls, with a minimum of 2 spaces. Food stores and markets 1 for each 300 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. High schools 1 for each staff member plus 2 for every 5 students or visitors 1 space per 50 parking stalls, with a minimum of 2 spaces. Hospitals 1 for each bed 1 space per 50 parking stalls, with a minimum of 2 spaces. CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn 48 Page 4 of 11 Use Automobile Standard Bicycle Standard Hotels, motels and extended stay Manufacturing 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Office, commercial and professional buildings, banks, dental and medical clinics 3.0 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 1 space per 50 parking stalls, with a minimum of 2 spaces. Post offices 3 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant 1 for each 100 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant, fast food Retail sales, bulk Retail sales, general 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 2.5 for each 1,000 square feet of usable floor area 4 for each 1,000 square feet of usable floor area if located within the TVS zoning district; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. NOTE: Reference TMC Section 18.28.260 for TUC Districts. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Schools, elementary & junior high 1.5 for each staff member 1 space per classroom Shopping center (mall), planned, per usable floor area size, as listed below: 500,000 sq. ft. or larger 25,000 — 499,999 sq. ft. Taverns 5 for every 1,000 square feet 4 for every 1,000 square feet 1 for every 4 persons based on occupancy load. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn Page 5 of 11 49 Use Automobile Standard Bicycle Standard Theaters 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 space per 100 seats, with a minimum of 2 spaces. Warehousing 1 for every 2,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Section 3. TMC Section 18.06.430 Amended. Ordinance Nos. 1758 §1 (part) and 1974 §11, as codified at TMC Section 18.06.430, "Home Occupation," are hereby amended to read as follows: 18.06.430 Home Occupation "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a resident of the dwelling place.; provided, that: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; 4. No equipment or process shall be used in such home occupation which normal senses off the lot; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. An off-street parking space shall be made available or any non resident employee. Section 4. Regulations Established. TMC Section 18.50.240, "Home Occupations," is hereby established to read as follows: 18.50.240 Home Occupations A. Home occupations shall meet the following standards: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building. This provision shall not apply to adult family homes as defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn 50 Page 6 of 11 3. Traffic generated by a home occupation shall not exceed two (2) visitors at any given time, and no more than eight (8) total two-way visitor and non-resident employee trips per day; 4. The number of vehicles associated with a home -occupation shall not exceed two (2) vehicles and must be parked on -site. Vehicles associated with the business shall not exceed: a. A gross vehicle weight of 10,000 pounds; b. A height of ten (10) feet; or c. A length of 22 feet; 5. An off-street parking space shall be made available for any non-resident employee. All parking spaces shall meet all development standards; 6. The business shall not involve more than one person who is not a resident of the dwelling. This provision shall not apply to adult family homes as defined in RCW 70.128.010 or community facilities as defined in RCW 72.05.020; and 7. Outdoor storage of materials associated with a home occupation is prohibited. Section 5. TMC Section 18.70.030 Amended. Ordinance Nos. 2097 §21 and 2153 §1, as codified at TMC Section 18.70.030, "Substandard Lots," are amended to read as follows: 18.70.030 Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum standard for average lot width and/or minimum lot area for the zone in which it is located, may still be developed, without the need for a variance, as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development gnvironmental requirements, may be developed only if it is combined with adjacent lot(s) comply with the basic development standards for the applicable zone and other applicable so that the combined lots are henceforth considered a single lot. GB. Nothing in this subsection shall be deemed to prevent the owner of a sub- standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72. CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn Page 7 of 11 51 Section 6. TMC Section 18.104.010 Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19, §2251 §75, 2368 §70, 2442 §6, 2627 §32, 2649 §11, and 2678 §22, as codified at TMC Section 18.104.010, "Classification of Project Permit Applications," subparagraphs 1, 2, and 3, are hereby amended to read as follows: 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise — 30 days or less (TMC Section 8.22.120) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC Section 17.08.030) Community Development Director Development Permit Building Official Minor modification to design review approval (TMC Section 18.60.030) Community Development Director Minor Modification to PRD (TMC Section 18.46.130) Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Minor Eligible Community Development Director Facilities (TMC Chapter 18.58) 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectural Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise — 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn 52 Page 8 of 11 TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single -Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100), and modifications to certain parking standards (TMC Sections 18.56.065, .070, .120) Community Development Director Hearing Examiner Critical Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Shoreline Tree Permit Community Development Director Hearing Examiner Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Minor Modification of a Short Plat Preliminary Approval (TMC Section 17.12.020) Community Development Director Hearing Examiner Minor Modification of a Subdivision Preliminary Plat (TMC Section 17.14.020) Community Development Director Hearing Examiner Subdivision — Final Plat (TMC Section 17.14.030) Community Development Director Hearing Examiner Modification to TUC Corridor Standards (TMC Section 18.28.110. C) Community Development Director Hearing Examiner Modification to TUC Open Space Standards (TMC Section 18.28.250. D. 4. d) Community Development Director Hearing Examiner Transit Reduction to Parking Requirements (TMC Section 18.28.260.8.5.b) Community Development Director Hearing Examiner Wireless Communication Facility, Community Development Hearing Examiner Minor (TMC Chapter 18.58) Director Wireless Communication Facility, Community Development Hearing Examiner Macro Facilities — No New Tower Director TMC 18.58.0601 CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn Page 9 of 11 53 3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Resolve uncertain zone district boundary Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Critical Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Superior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Subdivision — Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court Subdivision Phasing Plan (TMC Section 17.14.040) Hearing Examiner Superior Court Wireless Communication Facility, Major or Waiver Request Macro Hearing Examiner Superior Court Facilityies or New Towers (TMC Chapter 18.58.070) Shoreline Conditional Use Permit Hearing Examiner State Shorelines Hearings Board Section 7. Table 18-6, "Land Uses Allowed by District," Amended. Ordinance No. 2678 §38, as codified at Table 18-6, "Land Uses Allowed by District," is hereby amended as set forth in the amended Table 18-6 attached as Exhibit A. Section 8. Corrections by City Clerk or Code Reviser Authorized. 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. CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn 54 Page 10 of 11 Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District" CC:\Legislative Development\Housekeeping edits & parking regulations 10-16-23 N.Tabor A.Youn Page 11 of 11 55 56 Exhibit A — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TS0 PRO Adult day care A A A A A A A P Adult entertainment (subject to location restrictions') P P P P P P P Airports, landing fields and heliports (except emergency sites) U U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P Bed and breakfast lodging for not more than twelve guests5 C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P P P P P P P P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cargo containers (*see also TMC 18.50.060) A&S A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Colleges and universities C C C C C C C C C6 C6 C6 P Commercial laundries P P P P P P P Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) P7 P7 P7 P7 P7 P8 P8 P8 Adopted 2016 — Ordinance No. 2500 Last Amended 2022 Ordinancc No. 2678 Cal Page 1 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C=Conditional(subjecttoTMC18.64); U=Unclassified(subjecttoTMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS T50 PRO Contractor storage yards P P P P P P Continuing care retirement facility C C C C C C C P Convalescent & nursing homes & assisted living facility for not more than twelve patients C P P P C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients C C C C C C C P Convention facilities P P P P P P P Correctional institutes U11 U U U Daycare Centers (not home -based) P P P P P P P P P P P P P P P Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd U Domestic Shelter P P P P P Dormitory C C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres C C C C C C Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P P44 Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units P P44 Dwelling- Townhouses P P44 Dwelling —Multi-family P P14 P44 Dwelling — Multi -family units above office and retail uses P P P P C16 C15 22/ ac P44 Dwelling —Senior citizen housing, including assisted living facility for seniors see purpose section of chapter, uses sections, and development standards P meeting density and all other MDR standards p 60/ac P 60/ac P 60/ ac p 60/ac P 60/ac C16 C15 100/ ac P44 Dwelling unit — Accessory 1-7 A A A Electrical Substation — Distribution C C C C C C C C C C C C C C P Electrical Substation —Transmission/Switching U U U U Page 2 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM CA I LI HI MICA MIC/H TVS TSO PRO Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A PP P P P P P P P P Emergency Housing P378 P378 P378 P378 P378 P378 P378 P378 P378 Emergency Shelter P378 P378 P378- P378 P378 P378 P378 P378 P378 Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended -stay hotel P34 P P P P P P Farming and farm -related activities P P Fire & Police Stations C C C C C CCC C C C C C C C P Fraternal organizations P P CPP P P P P P P Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as residence and is subject to the regulations affecting the main building A A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft A A A A Greenhouses or nurseries (commercial) P P P P P P P P P Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation (Permitted in dwellings as covered in TMC Section 18.06.430.) A A A A A A A A A A Hospitals C C C C C C C C P Hotels P34 P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P P Internet Data/Telecommunication Centers C P P P P P P P Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U U U U U U U U U U U U U Laundries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P Manuf./Mobile home park mil? C P Page 3 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 Rcc NCC RC RCM CA I LI HI MIC/L MIC/H TVS TSO PRO Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P189 P P P P P P P P P B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P189 P P P P P P P P P C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P189 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i) Fermenting and distilling included P P P P ii) No fermenting and distilling P189 P P P P P Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts: (A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C (B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C (C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P P P P P C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Page 4 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L LI HI MIC/L MIC/H TVS T50 PRO Manufacturing that includes rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U U Marijuana producers, processors, or retailers (with state issued license) P P P20P19 Mass transit facilities U U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 24 ? S Mortician and funeral homes P P P P P P C Motels P P P P P C C P P Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial P224 p P223 P234 P P P P P P9 C10 P245 C255 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing P Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A A Parking areas, for municipal uses and police stations C C C C C C C C C C C C C C C P Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P P Pawnbroker/Payday lender C C P P P P P Permanent Supportive Housing P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 Planned Shopping Center (mall) P P P P P P P267 Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Page 5 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Recreation facilities (commercial — indoor) — athletic or health clubs P P P P P P P P C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq.ft. C C C P P P P P P P P P P P Religious facilities with an assembly area greater than 750 sq.ft. and associated community center buildings C C C C C C C C C C C C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P367 P P P P P P P P Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities P P Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants, drive -through permitted P356 P P P P P P P P Restaurants, drive -through not permitted P P C P Retail, General P P4 P P356 P356 P P P P C3 C3 P P Sales and rental of heavy machinery and equipment subject to landscaping requirements of TMC Chapter 18.52* P P P P P P P Salvage and wrecking operations P P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Sanitariums, or similar institutes C Schools and studios for education or self-improvement P P P P P P P P P P9 C10 P278 P P Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C C P (public only) Secure community transition facility 2-`J- U Page 6 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Self -storage facilities P P P P P P P P P Sewage lift station U U U U U U U P Shelter P P P P P Stable (private) A2930 A2930 A2939 P Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 P P P P P P P P P Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P C C Storm water - neighborhood detention + treatment facilities U U U U U U U P Storm water pump station U U U U U U U Studios — Art, photography, music, voice and dance P P P P P P P P P Taverns, nightclubs P P P P P P304 P301 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P P312 — Tow -truck operations, subject to all additional State and local regulations P P P P P P P Transfer stations (refuse and garbage) when operated by a public agency U U U U Transitional Housing P389 P383 P383 P383 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P389 P383 Truck terminals P P P P P P Utilities, regional C Vehicle sales lot2 P323 P P P P P P Vehicle service station P334 P334 P P P P P P P P Vehicle storage (no customers onsite, does not include park -and -fly operations) P Warehouse storage and/or wholesale distribution facilities P P P P P P P P Water pump station U U U U U U U P Water utility reservoir and related facilities U U U U U U U Wireless Telecommunications Facilities (*see TMC Ch. 18.58) P P P P P P P P P P P P P P P P P Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b. Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. Page 7 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. (3) 2. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service stations). 5. Bed and breakfast facilities, provided: a. the manager/owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. Page 8 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 145. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 156. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 16;. See TMC Section 18.50.220 for accessory dwelling unit standards. 178. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 189. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. Page 9 1920. Where the underlying zoning is HI or TVS. 204. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 2 2. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 223. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 234. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard. 245. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 256. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 26T. Planned shopping center (mall) up to 500,000 square feet. 278. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 289. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: Page 10 (3) (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 304. No night clubs. 312. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens will require a Special Permission Permit. 323. Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Pre-existing legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 334. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 345. Allow if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms. 356. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive -through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. Page 11 367. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. 378. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 389. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. Page 12 Planning & Community Development Committee Minutes July17, 2023 B. Miscellaneous Code Updates Staff briefed the Committee on potential code amendments, including process improvements, clarifications, and compliance with state law. Committee Recommendation Unanimous approval to forward code amendment package to Planning Commission. C. MISCELLANEOUS The meeting adjourned at 6:44 p.m. a°committee Chair Approval 69 70 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, MCP,, Director CITY OF TUKWILA BOARD OF ARCHITECTURAL REVIEW (BAR) AND PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES Date: September 14, 2023 Time: 6:30 PM Location: Hybrid Meeting - via Microsoft Teams / public, in -person attendance, Council Chambers, 6200 Southcenter Blvd, Tukwila, WA 98188 I. Call to Order Chair Sidhu called the Board of Architectural Review (BAR) meeting to order at 6:30 pm. II. Roll Call The Planning Commission (PC) Secretary took roll call. Present: Chair Apneet Sidhu, Commissioners Louise Strander, Sharon Mann, Alexandria Teague, and Martin Probst Excused Absence: Commissioner Martinez was noted as potentially arriving late but should have been noted as tentative for attending. Staff: Director Nora Gierloff, American Institute of Certified Planners (AICP), Department of Community Development (DCD); Development Supervisor Max Baker, AICP, DCD; Long Range Planning Manager Nancy Eklund, AICP, DCD; Senior Planner Neil Tabor, AICP, DCD; Associate Planner Isaac Gloor, DCD; and PC Secretary Wynetta Bivens III. Amendment of the Agenda No amendment was requested. IV. Adoption of Minutes Commissioner Probst moved to adopt the August 24, 2023, minutes. Commissioner Stander moved to second the motion. Commissioner Mann abstained due to absence. Motion passed. V. General Public Comments There were no general -public comments submittals. VI. Old Business None Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 71 BAR/PC Public Hearing 09/14/23 Page 2 VII. New Business Chair Sidhu stated that the evening's new business involved two public hearings — one quasi-judicial and one legislative in nature. Chair Sidhu asked staff to review the meeting protocols. Meeting Protocols — Board of Architectural Review Max Baker, Development Supervisor, AICP, DCD, explained the protocol for the BAR public hearing. a. Board of Architectural Review — Public Hearing, L23-0004 Chair Sidhu opened the BAR public hearing for: CASE NUMBER: L23-0004 PURPOSE: Design Review Hearing for Village at 47th Senior Housing LOCATION: 10811 47th Ave S Tukwila WA Chair Sidhu swore in the Staff and Applicant who would be speaking. Max Baker asked the BAR the Appearance of Fairness Questions. There were no disclosures. Staff Presentation Max Baker, Development Supervisor, AICP, DCD gave the presentation (detail of the proposal is found in the Staff Report in the Planning Commission packet). He provided an overview on the High Density Residential (HDR) multi -family proposed development that requires design review because it is over 1,500 sq. ft. He provided background on the proposed project to construct a four-story, 272-unit senior housing building. He noted that the project provided bridge access, two drive aisles, utility improvements, storm drainage and frontage improvements along 47th Ave., etc. The required on -site garage parking exceeds the requirements and includes six accessible American Disability Acts (ADA) parking stalls located inside the garage. Max reviewed the five design review criteria to be applied to the Commission's decision making. The project complies with the development standards of Title 18. He said that the project went through several review processes and corrections prior to coming to the BAR for approval. The PowerPoint presentation provides a more detailed analysis than the PC packet. Topography and site design of the development area were also shown. The building position and orientation on the site was intended to preserve the wooded steep slopes, three large wetlands, and wetland buffers. These measures are designed to minimize impacts to the single-family residents. It was noted that staff recommended revisions to the eastern elevation of the building and the applicant added additional landscaping to provide elevation screening, etc. Staff addressed clarifying questions from the PC. Staff recommended approval of the design review application with no conditions. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 72 BAR/PC Public Hearing 09/14/23 Page 3 Applicant Presentation The Chair asked if the applicant wished to speak. Chris Weiland, the project Architect, expressed appreciation for the supportive staff report. He said that they are happy to present this project and that they have a long working relationship with Vintage Housing. He addressed the revisions for the additional landscaping, which he said was to help soften the building's large concrete wall. He also addressed questions from the BAR. Public Comment The Chair asked if there was any public comment on the project. A member of the public, Barry Bonds, asked a question about whether the building design considered solar elements, and this question was addressed by the Architect. There was no additional public comment. Public Hearing Closed, Deliberation Chair Sidhu closed the public hearing. There were no deliberations. Staff provided input on the BAR's procedures for the vote to deliberate and then the motion to vote on the project. Motion Commissioner Mann moved to approve Case Number L23-0004, Design Review with no conditions as recommended by staff. Commissioner Probst seconded the motion. Motion carried. Commissioner Mann thanked everyone that worked on the project and told the applicant that PC appreciated the applicant's patience to work through the process. Commissioner Sidhu was in consensus and said that it's going to take a lot of money for this project and told the applicant that they are providing due diligence for the City with this project. b. Planning Commission — Public Hearing, L23-0092 Chair Sidhu introduced the project to be considered and invited staff to go over the meeting protocols. Meeting Protocols — Planning Commission Neil Tabor, Senior Planner, AICP, DCD, reviewed the meeting protocols for the PC public hearing. Chair Sidhu opened the PC public hearing for: CASE NUMBER: L23-0092 PURPOSE: Update to development regulations in Tukwila Municipal Code including Accessory Dwelling Units (ADUs), Parking and other miscellaneous other updates in Title 17 and Title 18. LOCATION: N/A Chair Sidhu swore in staff and the applicant wishing to speak. Chair Sidhu asked staff to review the meeting protocols. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 73 BAR/PC Public Hearing 09/14/23 Page 4 Neil Tabor asked the Commissioners the Appearance of Fairness Questions. There were no disclosures. (In error, Staff directed the Chair to include this process, however it is unnecessary for legislative public hearings) Joint Staff Presentation Neil explained the purpose of the public hearing is to discuss the proposed amendments to the Zoning Code for several topics and for the PC to make a recommendation. He stated due to the amount of state law changes staff is recommending separating code amendments into multiple packets and this is the first packet (detail of the entire proposal is found in the Staff Report found in the Planning Commission packet.) Isaac Gloor, Associate Planner, DCD, gave the staff presentation for topic 1. 1. ADUs: He stated HB 1337 was passed by the legislature earlier this year, which established a baseline of standards that jurisdictions must meet for ADUs. He gave an overview on the following ADU amendments that Tukwila is required to make: Remove owner -occupancy requirements. - Increase the number of ADUs permitted per lot from one to two: Increase the maximum size allowance from 800 sq. ft. to 1,000 sq. ft. - Increase maximum height. Allow ADUs to be sold to separate owners through the condo process. - Allow ADUs to be sold through the unit lot sub -division process, which allows ownership of the land beneath the ADU. - Update parking requirements for ADUs near transit to comply with RCW 36.70A.698; adding a definition for principal unit for the ADU codes. Neil Tabor gave the staff presentation for topics 2 — 7, providing an overview and giving some background for the following proposed amendments: 2. Parking near transit requirements - Amend Figure 18-7 to update parking standards to comply with state requirements; 3. Comprehensive Plan and Development Regulations Amendment Process - Amend Tukwila Municipal Code (TMC) 18.80 to remove references to amending development regulations and clarify comprehensive plan amendment docketing process; - Create TMC 18.82 "Amendments to Development Regulations"; Amend TMC 18.84 to clarify sequencing of site -specific rezones with annual comprehensive plan amendment. 4. Home Occupation Standards - Modify TMC 18.06.430 to remove regulations from home occupation definition; - Create TMC 18.50.240 section "Home Occupations." 5. Wireless communication facility permit application type procedures. - Amend TMC 18.104 to reflect accurate wireless facility terminology Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 74 BAR/PC Public Hearing 09/14/23 Page 5 6. Variance requirements for lot area. - Amend TMC 18.70.030 to modify when a lot that is substandard due to lot area needs to apply for a variance prior to development. 7. Amend footnote referencing Tukwila South Residential Design Manual - Amend Table 18-6 to remove footnote #14 and reference in table. Explanation and background information was provided on the frequency of the Growth Management Act (GMA) allowance for Comprehensive Plan Updates and the reason for splitting regulations, state requirement, and why development regulations are split apart, etc. Neil addressed clarifying questions from the PC on the following Tukwila Municipal Code references: 18.80.010 — Application Opposition was raised regarding replacing the language `citizens, Tukwila PC' with the language "residents." A request was made to maintain the language "citizens, Tukwila PC". Extensive discussion transpired. 18.80.020 - Docket Inquiry and discussion. 18.82.020 - Review Procedures, number 3 Inquiry and discussion. 18.84.010 — Application Submittal Inquiry and Discussion. 18.50.240 — Home Occupation Standards Inquiry and Discussion. Public Comment There was no public testimony. Public Hearing Closed, Deliberation Chair Sidhu closed the public hearing. There were no deliberations. Motion Commissioner Mann moved to forward Case Number L23-0092 proposed amendments and E23-0008 to the City Council. Commissioner Probst seconded the motion. Motion carried. VIII. Director's Report • 9/20 — Comp Plan open house, Showalter Middle School, 4628 S. 144th St., Seattle. • Upcoming PC meetings: o 9/28 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 75 BAR/PC Public Hearing 09/14/23 Page 6 O 10/5 — Note unusual meeting date, 1st Thursday of the month. o 11/9 — Holiday meeting schedule, 2nd Thursday of the month. o 12/14 — Holiday meeting schedule, 2nd Thursday of the month. o 1/25/24 — Normal meeting schedule, 4th Thursday of the month. Chair Sidhu asked for a motion to adjourn. Commissioner Probst moved to adjourn, and Commissioner Mann seconded the motion. Adjourned: 8:26 PM Submitted by: Wynetta Bivens PC Secretary Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 76 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes October 2, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Kathy Hougardy, Chair; Thomas McLeod, Cynthia Delostrinos Johnson Staff Present: Nora Gierloff, Neil Tabor, Laurel Humphrey Chair Hougardy called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Ordinances: Development Regulations Staff is seeking Council approval of three ordinances that would amend Tukwila Municipal Code Titles 17 and 18 to comply with changes in state law, correct errors, amend * requirements, and clarify the code and comprehensive plan amendment process. Item(s) for follow-up: Provide information on numbers of home -based businesses in the city. Committee Recommendation Unanimous approval. Forward to October 23, 2023 Committee of the Whole. MISCELLANEOUS The meeting adjourned at 6:17 p.m. ommittee Chair Approval 77 78 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/23/23 CT 11/6/23 CT ITEM INFORMATION ITEM No. 6.B. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 10/23/23 AGENDA ITEM TITLE Amending the TMC to revise term end dates for Board and Commission positions and to update the meeting regulations of the Planning Commission in compliance with RCW 35.63.040 CATEGORY 11 Discussion 10/23/23 a Motion Date 11/6/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑ Council ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PI7 0 Mayor SPONSOR'S Amending the TMC to revise term end dates for Board and Commission positions from SUMMARY December 31 to March 31 and to update the meeting regulations of the Planning Commission to hold at least one regular meeting in each month for not less than nine months in each year rather than one regular meeting per quarter in compliance with RCW 35.63.040. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 10/9/23 /1 Finance & Governance ❑ Planning & Community Dev. ❑ Planning Comm. CHAIR: KRULLER ❑ Parks Comm. COMMITTEE RECOMMENDATIONS: SPONsoR/ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $" $- $" Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/23/23 11/6/23 MTG. DATE ATTACHMENTS 10/23/23 Informational Memorandum dated 10/2/23 Ordinance Amending Term Dates for Boards & Commissions (revised after Committee) Ordinance Amending Term Dates & Meeting Regulations for Planning Commission Minutes from the F&G Committee meeting of 10/9/23 (distributed separately) 11/6/23 Ordinance Amending Term Dates for Boards & Commissions Ordinance Amending Term Dates & Meeting Regulations for Planning Commission 79 80 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee CC: Mayor Ekberg FROM: David Cline, City Administrator BY: Cheryl Thompson, Executive Coordinator, Mayor's Office DATE: October 2, 2023 SUBJECT: Municipal Code update to the City's Boards and Commissions ISSUE The proposed ordinances would modify the term end dates for the City Board and Commission positions from December 31 of each year to March 31 and update the meeting regulations for the Planning Commission to comply with RCW 35.63.040. BACKGROUND Currently Board and Commission position terms expire on December 31 of the final year of service for each position. Position terms are staggered so they do not all expire the same year. Prior to terms ending, the incumbent has the option to submit a reappointment application to serve for an additional term. The timeline for the current process has reappointment applications due by October 15 each year. Applications from those not currently serving in a position are due by November 15 each year. The Mayor reviews all of the applications and makes appointment recommendations to the Council. The appointment recommendation memo is provided to the City Council no later than December 7 each year. Confirmation of appointments are then scheduled for the first regular meeting in January. This timeline results in the outgoing Mayor recommending the appointments for confirmation by new Councilmembers just taking office. It is recommended that appointments and confirmation occur in the same year. By adjusting the term end dates to March 31 of each year, the reappointment application process would begin in December of each year and application review and appointment recommendations would be provided to the City Council no later than March 7 each year. This would allow any newly elected officials to fully participate in the process. In addition to the adjustment of the term end dates, the Planning Commission meeting regulations need to be updated to comply with RCW 35.63.040 which states The Commission shall hold at least one regular meeting in each month for not less than nine months in each year rather than one regular meeting per quarter. RECOMMENDATION The Committee is being asked to forward two ordinances to the October 23, 2023 Committee of the Whole and the November 6, 2023 Consent Agenda. ATTACHMENTS Ordinance amending the TMC pertaining to Board and Commission term end dates. Ordinance amending the TMC pertaining to the Planning Commission term end dates and meeting regulations. 81 82 NOTE: Shaded text reflects changes made after discussion at the 10/9/23 Finance and Governance Committee meeting (see page 1). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 2, "ADMINISTRATION AND PERSONNEL," TO MODIFY TERM END DATES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the current term of appointment for board and commission members expires on December 31 of the year as set forth in the Tukwila Municipal Code (TMC); and WHEREAS, the City of Tukwila desires to modify the term end dates from December 31, to March 31, to avoid newly elected officials having to confirm appointment recommendations of board and commission members that were made prior to commencing their term of service; and WHEREAS, this change in term end dates will provide the advantage of moving the appointment process to the beginning of a year, wnen ayes Iuaa QI e Lraditionally COI I rewer Ouall less items, alluvvll Iy 101 I lure efficient and orderly governmental processes; which is less crowded than the end of the year for elected officials and city staff; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.29.020 Amended. Ordinance No. 2530 §5, as codified at TMC Section 2.29.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.29.020 Membership C. Appointment Process. Community members that meet the requirements stated in TMC Section 2.29.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Commission Statt Liaiso for review. The Mayor recommends appointments of applicants to the City Council and all appointments are confirmed by the City Council. CC:\Legislative Development\Board & Commission Term End Date 10-9-23 C. Thompson Review by A. Youn Page 1 of 6 83 D. Term of Appointment. The term of appointment for the members of the Equity and Social Justice Commission shall be two years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Commission members shall expire on December "".,. 31 of the year set forth below for each respective position number: 2024 Term for Positions 1, 2, 3, 7 and 8 shall expire December 31, 2017March 31 Term for Positions 4, 5, 6 and 9 shall expire December 31, 2018March 31, 2025 After the expiration of the current terms for the existing Commission positions listed above, each term thereafter shall be for a period of two years. Section 2. TMC Section 2.30.020 Amended. Ordinance No. 2527 §4, as codified at TMC Section 2.30.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.30.020 Membership C. Appointment Process. Community members that meet the requirements stated in TMC Section 2.30.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Commission Staff Liaison for review. The Mayor recommends appointment of applicants to the City Council and all appointments are confirmed by the City Council. D. Term of Appointment. The term of appointment for the members of the Tukwila Arts Commission shall be four years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Commission members shall expire on December March 31 of the year set forth below for each respective position number: Term for Positions 1 and 2 shall expire December _31, 2018March 31, 2027 Term for Positions 3, 4 and 5 shall expire December 31, 2020March 31, 2025 Term for Positions 6 and 7 shall expire December 31, 2017March 31, 2026 After the expiration of the current terms for the existing Commission members listed above, each term thereafter shall be for a period of four years. Section 3. TMC Section 2.32.020 Amended. Ordinance No. 2533 §4, as codified at TMC Section 2.32.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: CC:\Legislative Development\Board & Commission Term End Date 10-9-23 C. Thompson Review by A. Youn Page 2 of 6 84 2.32.020 Membership C. Appointment Process. Community members that meet the requirements stated in TMC Section 2.32.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Commission Staff Liaison to contact the applicant. The Mayor recommends appointment of applicants to the City Council and all appointments are confirmed by the City Council. D. Term of Appointment. The term of appointment for the members of the Tukwila Park Commission shall be three years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Commission members shall expire on December March 31 of the year set forth below for each respective position number: Term for Positions 1 and 6 shall expire December 31, 2019March 31, 2026 Term for Positions 2, 4 and 7 shall expire December 31, 2018March 31, 2025 Term for Positions 3 and 5 shall expire December 31, 2017March 31, 2024 After the expiration of the current terms for the existing Commission members listed above, each term thereafter shall be for a period of three years. Section 4. TMC Section 2.33.020 Amended. Ordinance No. 2532 §4, as codified at TMC Section 2.33.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.33.020 Membership C. Appointment Process. Community members that meet the requirements stated in TMC Section 2.33.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Board Staff Liaison to contact the applicant. The Mayor recommends appointment of applicants to the City Council and all appointments are confirmed by the City Council. D. Term of Appointment. The term of appointment for the members of the Library Advisory Board shall be two years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Board members shall expire on December March 31 of the year set forth below for each respective position number: Term for Positions 1, 2, 4 and 6 shall expire December 31, 2018March 31, 2025 Term for Positions 3, 5 and 7 shall expire December 31, 2017March 31, 2024 After the expiration of the current terms for the existing Board members listed above, each term thereafter shall be for a period of two years. CC:\Legislative Development\Board & Commission Term End Date 10-9-23 C. Thompson Review by A. Youn Page 3 of 6 85 Section 5. TMC Section 2.34.020 Amended. Ordinance No. 2531 §4, as codified at TMC Section 2.34.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.34.020 Membership C. Appointment Process. Community members that meet the requirements stated in TMC Section 2.34.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Board Staff Liaison to contact the applicant. The Mayor recommends appointment of applicants to the City Council and all appointments are confirmed by the City Council. D. Term of Appointment. The term of appointment for the members of the Human Services Advisory Board shall be three years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Board members shall expire on December mart, 31 of the year set forth below for each respective position number: Term for Positions 5 and 6 shall expire December 31, 2017March 31, 2024 Term for Positions 3 and 7 shall expire December 31, 2018March 31, 2025 Term for Positions 1, 2 and 4 shall expire December 31, 2019March 31, 2026 After the expiration of the current terms for the existing Board members listed above, each term thereafter shall be for a period of three years. Section 6. TMC Section 2.39.020 Amended. Ordinance No. 2529 §4, as codified at TMC Section 2.39.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.39.020 Membership C. Appointment Process. Community members that meet the requirements listed in TMC Section 2.39.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Board Staff Liaisoi to contact the applicant. The Mayor recommends appointment of applicants to the City Council and all appointments are confirmed by the City Council. D. Term of Appointment. The term of appointment for the members of COPCAB shall be four years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed members shall expire on December 31 of the year set forth below for each respective position number: Term for Positions 1, 4 and 7 shall expire December 31, 2017March 31, 2026 Term for Positions 2, 5 and 8 shall expire December 31, 2018March 31, 2027 CC:\Legislative Development\Board & Commission Term End Date 10-9-23 C. Thompson Review by A. Youn Page 4 of 6 86 Term for Positions 3 and 6 shall expire December 31, 2019March 31, 2024 After the expiration of the current terms for the existing Board members listed above, each term thereafter shall be for a period of four years. Section 7. TMC Section 2.42.020 Amended. Ordinance No. 2691 §4, as codified at TMC Section 2.42.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.42.020 Membership C. Appointment Process. Community members that meet the requirements listed in TMC Section 2.42.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Commission Staff Liaison to contact the applicant. The Mayor appoints applicants to the Civil Service Commission. D. Term of Appointment. The term of appointment for the members of the Civil Service Commission shall be six years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Commission members shall expire on December March 31 of the year set forth below for each respective position number: Term for Position 1 shall expire December 31, 2027March 31, 2028 Term for Position 2 shall expire December 31, 2023March 31, 2024 Term for Position 3 shall expire December 31, 2025March 31, 2026 After the expiration of the current terms for the existing Commission members listed above, each term thereafter shall be for a period of six years. Section 8. Corrections by City Clerk or Code Reviser Authorized. 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 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. CC:\Legislative Development\Board & Commission Term End Date 10-9-23 C. Thompson Review by A. Youn Page 5 of 6 87 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC:\Legislative Development\Board & Commission Term End Date 10-9-23 C. Thompson Review by A. Youn Page 6 of 6 88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2534 §4 AND §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS 2.36.020 AND 2.36.040, TO MODIFY TERM END DATES AND UPDATE MEETING REGULATIONS IN COMPLIANCE WITH RCW 35.63.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the current term of appointment for Planning Commission members expires on December 31 of the year as set forth in the Tukwila Municipal Code (TMC); and WHEREAS, the City of Tukwila desires to update the Tukwila Municipal Code to modify the term end dates from December 31, to March 31, to avoid newly elected officials having to confirm appointment recommendations of Planning Commission members that were made prior to commencing their term of service; and WHEREAS, in compliance with RCW 35.63.040, the City desires to update the number of Planning Commission meetings held each year; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.36.020 Amended. Ordinance No. 2534 §4, as codified at TMC Section 2.36.020, "Membership," subparagraphs C and D, is hereby amended to read as follows: 2.36.020 Membership C. Appointment Process. Community members that meet the requirements stated in TMC Section 2.36.020.A shall submit a completed Boards and Commissions Application to the Mayor's Office. The Mayor's Office will forward the application to the Commission Staff Liaison for review. The Mayor recommends appointment of applicants to the City Council and all appointments are confirmed by the City Council. CC:\Legislative Development\Planning Commission Term End Date 9-18-23 C. Thompson Review by A. Youn Page 1 of 3 89 D. Term of Appointment. 1. The term of appointment for the members of the Planning Commission shall be four years provided, however, that in order for the fewest terms to expire in any one year all current terms of existing appointed Commission members shall expire on December March 31 of the year set forth below for each respective position number: Term for Positions 1, 2, and 5 shall expire December 31, 2018March 31, 2027 Term for Positions 3, 4, 6 and 7 shall expire December 31, 2019March 31, 2024 2. After the expiration of the current terms for the existing Commission members listed above, each term thereafter shall be for a period of four years. 3. Members who become non-residents during their term of office shall remain on the Commission no more than 90 days unless granted a special project extension by the Mayor and City Council. If the member who represents the business community is no longer employed within the City, or his or her business relocates out of the City, that member shall remain on the Commission no more than 90 days unless granted a special project extension by the Mayor and City Council. Section 2. TMC Section 2.36.040 Amended. Ordinance No. 2534 §6, as codified at TMC Section 2.36.040, "Meetings," subparagraph A, is hereby amended to read as follows: 2.36.040 Meetings A. Conduct. The Commission shall hold at least one regular meeting in each month for not less than nine months in each year per RCW 35.63.040per quarter. Commission meetings shall be conducted in public session and noticed in accordance with the Open Public Meetings Act (OPMA). Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. CC:\Legislative Development\Planning Commission Term End Date 9-18-23 C. Thompson Review by A. Youn Page 2 of 3 90 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC:\Legislative Development\Planning Commission Term End Date 9-18-23 C. Thompson Review by A. Youn Page 3 of 3 91 92 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/23/23 Tony ITEM INFORMATION ITEM No. 6.C. STAFF SPONSOR: TONY ORIGINAL AGENDA DATE: 10/ 09/ 23 AGENDA ITEM TITLE 2023 Q2 Financial Presentation CATEGORY ® Discussion Mtg Date 10/23/23 ❑ Motion Mtg Date ❑ Resolution Ally Date ❑ Ordinance ANDate ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Altg Date SPONSOR El Council ❑ Mayor El Admin Svcs ❑ DCD ® Finance ❑ Fire El P&R El Police El NV SPONSOR'S SUMMARY Finance will be presenting the 2023 Second Quarter Financial Summary. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 10/9/23 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMITTEE Discussion only COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/23/23 MTG. DATE ATTACHMENTS 10/23/23 Informational Memorandum (revised after 10/9 FIN Committee) Minutes from the 10/9/23 F&G Committee (distributed separately) 93 94 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee CC: Mayor Ekberg FROM: Vicky Carlsen, Finance Director BY: Tony Cullerton, Deputy Finance Director DATE: October 4, 2023 SUBJECT: 2023 2nd Quarter Report ISSUE The report below summarizes the citywide financial results and highlights significant items or trends through the first half of 2023. The report is based on data available as of September 29, 2023, for the reporting period ending June 30, 2023. While General Fund revenues are tracking higher than 2022 Q2 YTD Additionally, they are slightly lower than budget through June 2023 (— 500k). One-time vacancy savings and delayed implementation of anticipated wage and benefit adjustments associated with collective bargaining have yielded reductions to $3.2 million in under expenditures. While our current projections indicate underspending, it's important to note that the majority, if not all, of these are postponed expenses that will become due in the fourth quarter. Our most reliable estimates suggest that there are more than $2.5 million in expenses incurred (but not yet reported) due to contractual and retroactive salaries. These expenses are expected to be paid in November and December 2023. As the financial statements are reviewed, please note the new formatting and additions to the statements. With the new ERP system, we are now able to capture budget amendments in the statements that have been approved via consensus. This enhancement will allow the reader to understand the impacts of proposed amendments on fund balance as the year progresses rather than waiting for formal approval at year- end. Additional details can be found in the attached financial reports. 1 95 INFORMATIONAL MEMO Page 2 DISCUSSION January through June Highlights General Fund • Unassigned beginning fund balance was $16.2 million, lower than expected but still exceeding fund balance policy requirements. Beginning fund balance is lower than expected due to land sale revenue expected at the end of 2022 has not yet been received. • Revenue through June 30th are $36.1 million, slightly below allocated budget of $36.6 million. Increases in sales tax, gambling tax, and building permits are offsetting those revenue streams that are not currently meeting expectations. • Major revenue performers included Retail Sales Tax, Utility Tax, Gambling Tax, and Building Permits. • Salaries and benefits are currently lower than budget pending the conclusion of collective bargaining with Teamsters Local 763. Upon agreement and ratification, a retroactive payment will be processed that will reconcile the variance. • General Fund departmental expenditures through June are at $33.3 million and transfers out are at $2.5 million for a total general fund expenditures of $35.9 million. • Total general fund expenditures are below allocated budget by $3.2 million. As previously noted, this is largely due to one-time savings generated from staff vacancies and pending wage and benefit adjustments associated with collective bargaining. Other Funds Several capital projects are in process including. • S 152nd Safe Routes to School and S 119th Bridge Safety improvements in the residential street fund • 42nd Ave S Bridge Replacement, Allentown Truck Reroute, and W Valley Highway projects in the arterial street fund • PW Shops Phase 2 under way ATTACHMENTS 2nd Quarter Financial Report 96 INFORAMTIONAL MEMO PAGE 3 CITY OF TUKWILA 2023 Q2 FINANCIAL REPORT HIGHLIGHTS INFORAMTIONAL MEMO PAGE 4 GENERAL FUND HIGHLIGHTS Second quarter 2023 has revenues pacing slightly above last year. Revenues finished the first half of the year 1.4% higher than Q2 2022. However, in total, revenues are tracking slightly lower than the allocated budget. Total revenue through June of $36.1 million against an allocated budget of $36.6 million. The chart below shows 2023 Q2 revenues by category. ■ Tax 2023 Revenues ■ Licenses and Permits ■ Charges for Services ■ Other Income ■ Intergovernmental ■ Transfers In January — June departmental expenditures are under budget by $2.9 million. Departmental expenditures are at $33.3 million against an allocated budget of $36.3 million. Much of the savings is due to vacant positions, with many of the vacant positions within the police department. However, as these positions fill, the savings will not continue at the same rate for the 2nd half of the year. 98 INFORAMTIONAL MEMO PAGE 5 GENERAL FUND REVENUE CITY OF TUKWILA Year to Date as of June 30 2023' SUMMARY BY REVENUE TYPE BUDGET ACTUAL COMPARISON OF RESULTS ANNUAL 2023 ALLOCATED 2023 2021 2022 2023 2023 BDGT VARIANCE- % CHANGE ALLOCATED BDGT % REC'D 2021/ 2022 2022/ 2023 PROPERTY TAX $ 17,682,000 $ 9,495,484 $ 9,227,770 $ 9,290,345 $ 9,376,326 $ (119,158) 53% 1% 1% SALES TAX -RETAIL 20,378,000 9,957,005 9,084,018 9,796,739 10,693,747 736,742 52% 8% 9% USE TAXES 905,000 525,135 368,431 435,195 511,924 (13,211) 57% 18% 18% ADMISSIONS TAX 850,000 486,955 108,709 429,666 444,385 (42,569) 52% 295% 3% UTILITY TAX 4,300,000 2,456,033 1,937,933 2,353,223 2,288,456 (167,578) 53% 21% (3)% INTERFUND UTILITYTAX 2,634,980 1,597,951 1,424,471 1,484,378 1,608,724 10,772 61% 4% 8% GAMBLING & EXCISE TAX 4,665,700 2,294,119 1,710,265 2,355,729 2,455,452 161,333 53% 38% 4% TOTAL GENERAL REVENUE 51,415,680 26,812,683 23,861,597 26,145,274 27,379,014 566,331 53% 10% 5% BUSINESS LICENSES 3,230,000 1,433,160 1,542,351 1,473,093 1,339,496 (93,664) 41% (4)% (9)% RENTAL HOUSING 41,000 32,636 45,816 41,392 38,336 5,700 94% (10)% (7)% BUILDING PERMITS 1,739,660 682,837 918,654 937,358 1,091,913 409,076 63% 2% 16% FRANCHISE FEES 508,000 321,811 181,192 221,720 259,722 (62,089) 51% 22% 17% TOTAL LICENSES AND PERMITS 5,518,660 2,470,444 2,688,013 2,673,563 2,729,467 259,023 49% (1)% 2% SALES TAX MITIGATION 635,470 354,081 882,597 441,298 353,039 (1,042) 56% (50) % (20)% SCLAGREEMENT 2,300,000 1,242,112 1,160,509 1,269,114 1,350,991 108,879 59% 9% 6% GRANT REVENUE 1,060,109 444,306 307,203 200,125 184,504 (259,802) 17% (35)% (8)% ARPAREVENUE 1,813,679 571,738 - 901,577 351,156 (220,582) 19% 0% (61)% STATE ENTITLEMENTS 505,500 300,475 273,340 287,398 302,667 2,192 60% 5% 5% INTERGOVERNMENTAL 628,804 591,434 502,645 550,804 12,428 (579,006) 2% 10% (98)% TOTAL INTERGOVERNMENTAL REVENUE 6,943,562 3,504,146 3,126,295 3,650,317 2,554,784 (949,361) 37% 17% (30)% GENERAL GOVERNMENT 16,620 8,351 17,260 14,018 11,710 3,360 70% (19)% (16)% SECURITY 1,138,900 845,876 459,096 444,458 484,271 (361,605) 43% (3)% 9% TRANSPORTATION 20,000 15 - 33 288 273 1% 0% 764% PLAN CHECK AND REVIEW FEES 794,268 292,063 357,653 364,441 732,682 440,619 92% 2% 101% CULTURE AND REC FEES 171,200 32,407 44,263 75,434 66,362 33,955 39% 70% (12)% TOTAL CHARGES FOR SERVICES 2,140,988 1,178,712 878,272 898,384 1,295,313 116,601 61% 2% 44% FINES&PENALTIES 760,475 380,504 64,823 288,665 179,593 (200,911) 24% 345% (38)% INVESTMENT INCOME 100,000 51,745 14,626 51,745 250,223 198,478 250% 254% 384% RENT&CONCESSIONS 335,570 88,835 37,007 99,406 91,674 2,839 27% 169% (8)% OTHER INCOME 178,155 91,702 219,977 192,234 181,589 89,888 102% (13)% (6)% INDIRECT COST ALLOCATION 2,822,397 1,411,191 1,330,690 1,343,991 1,411,206 15 50% 1% 5% TOTAL OTHER INCOME 4,196,597 2,023,976 1,667,123 1,976,040 2,114,286 90,309 50% 19% 7% TOTAL OPERATING REVENUE 70,215,487 35,989,961 32,221,300 35,343,578 36,072,864 82,903 51% 10% 2% TRANSFERS IN 1,624,147 57,459 1,768,817 228,452 - (57,459) 0% (87)% (100)% TOTAL REVENUE $ 71,839,634 $ 36,047,420 $ 33,990,117 $ 35,572,030 $ 36,072,864 $ 25,444 50% 0 0 Percent of year 50% 99 INFORAMTIONAL MEMO PAGE 6 Property Tax 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 9,495,484 9,227,770 9,290,345 9,376,326 (119,158) 85,981 0.9% Property Tax increased 0.9%, or $85,981, over last year. Property Tax are primari y based on the assessed value of the property and the taxes that applies to the property. An increase in property tax revenues implies an increased property value. 9,400,000 9,350,000 9,300,000 9,250,000 9,227,770 9,200,000 9,150,000 Property Tax Jan -Jun 2021 - 2023 9,290,345 9,376,326 2021 2022 2023 100 INFORAMTIONAL MEMO PAGE 7 Retail Sales Tax 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 10,482,140 9,452,449 10,231,934 11,205,671 723,531 973,737 9.5% Sales Tax is up, over $974k, or 9.5%, when compared to last year. However, it should be noted that much of the increase is due to inflationary price increases rather than increased sales. 11,500,000 11,000,000 10, 500,000 10,000,000 9,500,000 9,000,000 8,500,000 9,452,449 Sales & Use Tax - Retail Jan -Jun 2021- 2023 10,231,934 1,205,67 2021 2022 2023 101 INFORAMTIONAL MEMO PAGE 8 Utility Tax 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 2,456,033 1,937,933 2,353,223 2,288,456 (167,578) ($64,767) -2.8% Due to continued conservation efforts and existing vacancies in businesses, usage is lower than budget as well as lower than prior year collections. This revenue stream also includes telecom utility tax, which has been declining year over year. As consumer behavior continues to change, this element of the utility tax will continue to decline. 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 1,937,933 Utility Tax Jan - Jun 2021- 2023 2,353,223 2,288,456 I 2021 2022 2023 102 INFORAMTIONAL MEMO PAGE 9 Interfund Utility Tax 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actua Budget Dif % Diff 1,597,951 1,424,471 1,484,378 1,608,724 10,773 124,346 8.4% 2023 Allocated 2023 YTD vs Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actua Budget Dif % Diff 1,597,951 1,424,471 1,484,378 1,456,338 (141,613) (28,039) -1.9% Interfund Utility Tax is up by 8.4% and reflects utility usage and rate increases for City owned utilities. 1,650,000 1,600,000 1,550,000 1,500,000 1,450,000 1,400,000 1,350,000 1,300,000 Interfund Utility Tax Jan -Jun 2021 - 2023 1,424,471 1,484,378 1,608,724 2021 2022 2023 103 INFORAMTIONAL MEMO PAGE 10 Gambling Tax 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 2,294,119 1,710,265 2,355,729 2,455,452 161,333 99,723 4.2% Gambling Tax revenue increased sharply in 2022 over 2021 and continues to show modes growth over 2022. The first half of 2023 reports a modest increase of 4.2% over the first half of last year. The significant increase in 2022 can be attributed to casinos being open 24 hours a day. 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 1,710,265 Gambling Tax Jan - Jun 2021 - 2023 2,355,729 2,455,452 2021 2022 2023 104 INFORAMTIONAL MEMO PAGE 11 Admission Tax 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 486,955 108,709 429,666 444,385 (42,569) 14,719 3.4% Admission tax was a major performer last year and 2023 for the first half of the year is showing modest growth over 2022. 500,000 400,000 300,000 200,000 100,000 0 108,709 Admission Tax Jan - Jun 2021 - 2023 429,666 444,385 2021 2022 2023 105 INFORAMTIONAL MEMO PAGE 12 Business Licenses 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 1,433,160 1,542,351 1,473,093 1,339,496 (93,664) (133,598) -9.1% Business license revenue continues to decline as businesses streamline their service models with less employees. 2023 revenue is down $134k or 9.1% and is $94k below allocated budget. At this time, there is nothing to indicate that budget will be met by the end of the year. 1,600,000 1,550,000 1,500,000 1,450,000 1,400,000 1,350,000 1,300,000 1,250,000 1,200,000 1,542,351 Business Licenses Jan - Jun 2021- 2023 1,473,093 1,339,496 2021 2022 2023 1 106 INFORAMTIONAL MEMO PAGE 13 Building Permits 2023 2023 YTD vs Allocated Actual less 2022 YTD $ Budget 2021 Actual 2022 Actual 2023 Actual Budget Dif % Diff 682,837 918,654 937,358 1,091,913 409,076 154,556 16.5% Building permits, through the end of June is up 16.5% and exceeds budget by $409k. Both the value of permits issues as well as the total number of permits exceeds 2022 levels. 2022 2023 Value of Permits 40,122,682 57,766,623 # of Permits 693 979 1,150,000 1,100,000 1,050,000 1,000,000 950,000 900,000 850,000 800,000 918,654 Building Permits Jan - Jun 2021- 2023 937,358 1,091,913 2021 2022 2023 107 INFORAMTIONAL MEMO PAGE 14 City of Tukwila General Fund as of June 30, 2023 $cxtr9S 3i u&&ner es 31 }'earzr-G�2 fC0nsansu ;1 Variance Year to Date Overi(Under) % of Annual Actual Annual Budget Budget REVENUE: Property Tax $ 1.. e67.2'.050 ' - $ Ji'.6W.7 $ k7... . 2.3 $ 9,376,326 $ (8,305,674) 53.0% Sales Taxes -Retail 373.00O - 2033:b5U 37a?.6.'.} 10,693,747 (9,684,253) 52.5% Sales Taxes -Criminal Justice .325005 - .52�.r .&7 437145 511,924 (393,076) 56.6% Admission Taxes t O..G 70 -850.000. 456050 444,385 (405,615) 52.3% Utility Taxes 4....050 - 4.350000 4. 160 2,288,456 (2,011,544) 53.2'< Interfund Utility Taxes 3634.337 - 3.834.5l 1594.025 1,608,724 (1,026,256) 61.1% Gambling & Excise Taxes 4.565. .7tV 4..655 MO 2 241L 5 2,455,452 (2,210,248) 52.6% Business Licenses 6.237..0 7 - 3257 000 1573 245 1,339,496 (1,890,504) 41.5% Rental Housing Permits 47.050 - 41060. 35.141 38,336 (2,664) 93.5% Building Permits 1 733.550 - 1 733550 565,. 523i 1,091,913 (647,747) 62.8% Franchise Fees .506005 - 508. 0 2`'8. 444 259,722 (248,278) 51.1% Sales Tax Mitigation Payments .635470 - 6_?5470 3 261J9 353,039 (282,431) 55.6% SCL Agreement 2....050 - 2507 600 Z. k%E?'3 1,350,991 (949,009) 58.7'< Grant Revenues 3873766 1336350 4.2V 735 123;. 755 535,660 (3,674,479) 18.6% State Entitlements .505507 - 505500 +SO 302,667 (202,833) 59.9% Intergovernmental Revenue &'S574 - 628574 625.-V4 12,428 (616,376) 2.0% General Government Revenue 16.620 - 52520 6'..3V 11,710 (4,910) 70.5% Security Revenue 11 6.305 - /.L59.SL.0 5/.5 773 484,271 (654,629) 42.5% Transportation Revenue 2005 - 20050 V.005 288 (19,712) 1.4% Plan Check and Review Fees 734..253 39?.134 732,682 (61,586) 92.2% Culture and Recreation Fees 171 3 7 - 171.200 54.515 66,362 (104,838) 38.8% Fines and Penalties rPx1_,.`.47 - .7564+5 350 k74 179,593 (580,882) 23.6% Other Income 776155 - 176155 157405 181,589 3,434 101.9% Tata/Dpera rgr Perenz es 6505.:.520 1336.350 59253..570 34.56 5%' 34.370 rZ 1 (-V. e.4.1k72 51.3% Indirect Cost Allocation 2 2'3337 - 2622397 1411 ' 1,411,206 (1,411,191) 50.0% Investment Earnings ,i &7.:000 - 1±73 7 5p0�060 250,223 150,223 250.2% Rent & Concessions 335570 - 3355r70 0757'6 91,674 (243,896) 27.3% Transfers In L824.14r' - 1.624.147 (1,624,147) 0.0% TotalA&ra-DperatrvrgT Veacre: 4.57'.114 4.5 '.114 1553 734 1 + 53.103 f 3123.01I1 35.9% Total Fi centres 71.533534 1336350 73175.5664 55551 ?'7' 36070554 (37133 252, 50.2% EXPENDITURES: /� Salaries & Wages 2 i'.56.. 7i' - 2r.56/30r 125636652 12,552,264 (15,009,043) 45.5% Benefits k?8.52325' - 7 5'.325 54 66o. 4,936,374 (5,921,944) 45.5% Supplies 575334 - 576334 334.394 176,959 (501,376) 26.1% Repair & Maintenance Supplies 450070 - 450.07 223 744 195,484 (254,526) 43.4'% Resale Supplies 4.500 - 2507 1 7 (2,500) 0.0% Small Tools 213205 - 225.523 .W802 30,683 (182,520) 14.4% Technology Supplies 117 736 23560 345 733 55 339 261,499 (84,299) 236.0% Fleet Supplies 7.000 - 75W 3507 3,169 (3,831) 45.3'% Professional Services 21739.536 21350 21.613563 1162z556 11,197,019 (10,622,869) 51.4% Communications 440526 - 446...52S 21.,?.. 207,933 (232,595) 47.2% Professional Development 572350 - 577357 26...,?..593 249,141 (321,219) 43.7% Advertising 6630e7 - 55.3%. 35. 7 10,375 (55,925) 15.6% Rentals 1 36050 - 1 5'057 647350 533,098 (764,961) 41.1% Technology Services 1031254 - 105126'4 5754.56 506,017 (525,247) 49.1% Utilities 2,244.354 - 2,244.354 1664.. '2 1,636,512 (607,842) 72.9% Repairs & Maintenance Services 1 266. 416 - 1256.:4.63 543375 616,795 (669,623) 47.9% Other Expenditures 102.653 - 10 .635 457620 169,262 (843,637) 16.7'< Total OperatmgExpenddcrres 5553a.157 255350 63866,:540 35.: 293512 33252535 f35,603.555i 47.8% Machinery & Equipment 420 050 1L357.600 1527 .mo- 6a.61 4,230 (1,495,770) 1.0% Construction Projects - - - - 39,423 39,423 0.0% Transfers Out 5 530 ' - 5705076 3774.314 2,525,052 (3,181,026) 44.3% Tata,A&rrrOpera❑urgExpenardz.Q 5.125076 e:660.. 2 7206.076 2634.514 4.55`7e i'L6 {4.6373i'31 41.9% Total Expefrddcrres 75 5256 13%359 7i: L5?8.e3 3 .02554 35,851,290 (41,241,328) 47.3% Beginning Fund Balance Change in Fund Balance f38&58541 f3.9255341 Ending Fund Balance 1 15 ,6 4...50 $ 15 ,25.579 16,244,880 221,574 1 16466454 Budget amendment for Private LTESCBRS Proof Concept grant 108 INFORAMTIONAL MEMO PAGE 15 EXPENDITURES As of the end of June, all departments are within their allocated budget. At the end of Q2, General Fund departments finished the quarter at 48%, with 50% of the year completed. GENERAL FUND CITY OF TU KW ILA GENERAL FUND EXPENDITURES Year -to -Date as of June 30,2023 EXPENDITURES BY DEPARTMENT BUDGET ACTUAL COMPARISON OF RESULTS 2023 ANNUAL 2023 YTD Budget 2021 2022 2023 Allocated Budget vs Actuals O✓ER(Lt'D62) %CHANGE % EWENDED 20211 2022 20221 2023 CityCouncil $ 384,889 $ 187,778 S 165.384 $ 171,690 S 187.650 $ (128) 49% 4% 9% Mayor's Office 2,502,667 1262,810 955299 956,997 1,147,728 (115,083) 46% 0% 20% Administrative Services 5,676,494 2,830,740 2261,791 2,265,591 2,596,742 (233,998) 46% 0% 15% Finance 3,868,642 2,086.169 1,434,962 1,808.435 1,694,349 (391,820) 44% 26% -6% Parks &Recreation 5,109,489 2,558,139 1,959,789 2,191,569 2,379,718 (178,421) 47% 12% 9% Community Development 4,672,315 2,332.354 1,923,169 2,088,414 2,169,352 (163,002) 46% 9% 4% Minicipal Court 1,741,340 870,670 610,043 771,749 821248 (49,422) 47% 27% 6% Police 22,746,443 11,554,138 8,689.475 9,178,497 10235,708 (1,318,431) 45% 6% 12% Fire 14,790,120 7,559.420 6,782,979 7,437,654 7,516,149 (43271) 51% 10% 1% Public Works & Streets 7,574,986 4,519.893 3,646266 4,017.649 4,086,192 (433.701) 54% 10% 2% Non Departmental 982.803 491.402 - - 491.402 - 50% - - Subtotal 70,050,190 36253,512 28,429,157 30,888246 33,326238 (2.927274) 48% 9% 8% Transfers Out 5.706.078 2.774.914 2.731.380 2.677 415 2.525.052 (249.862) 44% -2% -6% Total Expenditures S 75,756,268 S 39,028,426 $ 31,160,537 $ 33,565,661 S 35,851,290 S (3,177,136) 47% 8% 7% Percent of y ear conpleted 50% While our current projections indicate underspending, it's important to note that the majority, if not all, of these are postponed expenses that will become due in the fourth quarter. Our most reliable estimates suggest that there are more than $2.5 million in expenses incurred (but not yet reported) due to contractual and retroactive salaries. These expenses are expected to be paid in November and December 2023. 109 INFORAMTIONAL MEMO PAGE 16 OTHER FUNDS HIGHLIGHTS Special Revenue Funds Lodging tax revenue is on pace to meet and exceed budget. Lodging tax revenue through June is $385k and exceeds allocated budget by $76k. Drug Seizure fund had originally planned to hire a mental health professional and budgeted for salaries and benefits. However, for 2023, this will remain a contract for services. Capital Project Funds Several capital projects are underway through June. Residential Streets fund has begun work on the S 152nd Safe Routes to School projects as well as S 119th Bridge Safety Improvements. $49k has also been spent on traffic calming with more expected before the end of the year. In the Arterial Streets fund, significant work has been done on the 42nd Ave S Bridge Replacement, Allentown Truck Reroute, and W Valley Hwy projects. Due to the nature of these types of construction projects, activity will increase during the summer and fall months. PW Shops project continues to move forward with $1.4 million in expenditures through the end of June. Enterprise Funds Utility funds are currently on par with budget expectations, with work starting on the S 152nd St Waterline Replacement and Extension project and Lift Station No.5 rebuild. The Foster Golf Course is exceeding revenue projections and is already at 58.8% of budget for revenues through the end of June. Internal Service Funds Through June, total medical claims are slightly below allocated budget. This is the first year without fire personnel and claims tend to process a few months after services are rendered. Because of this significant change in total population, staff is closely monitoring this fund to determine the true impact of the revised population. General Government Improvements The City has engaged McKinstry to study and investigate alternatives for upgrading the existing heating, ventilation, and air-conditioning (HVAC) systems at the Tukwila Community Center. The scope also included identifying and applying for funding opportunities to defray future project costs. To date, approximately $1,273,000 in external funding support has been identified. The Project Team anticipates project costs to exceed initial planning level estimates of $2,000,000. Council will be briefed in October and November on revised cost ranges associated with several potential options the Team has been exploring as well as a recommended streamlined procurement process. 110 INFORAMTIONAL MEMO PAGE 17 CITY OF TUKWILA 2023 2nd QUARTER FINANCIAL REPORTS OTHER FUNDS INFORAMTIONAL MEMO PAGE 18 City of Tukwila HoteilMotei Tax Special Rev Fd as of June 30. 2023 REVENUE: Hotel/Motel Tax Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date Over/(Under) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget 720,000 720,000 307,957 384,699 (335,301) 53.4% Total Operating Revenues 720,000 720,000 307,951 384,699 (335,301) 53.4% Investment Earnings 6,000 - 6,000 3,000 54,888 48,688 911.5% Total Won -Operating Revenues 6,000 - 6,000 3,000 54,688 48,688 911.5% Total Revenues 726,000 726,000 310,951 439,387 (286, 613) 60.5% EXPENDITURES: Salaries & Wages 68,766 - 68,766 34,383 35.129 (33,637) 51.1% Benefits 22,631 - 22,631 11,315 8,853 (13,768) 39.2% Supplies 2,000 - 2,000 1,000 154 (1,846) 7.7% Professional Services 375,000 - 375,000 187,500 73,700 (301,300) 19.7% Professional Development 21,500 - 27,500 TO 750 2,668 (18,832) 12.4% Advertising 350,000 - 350,000 175,000 52,153 (297,847) 14.9% Technology Services 2,500 - 2,500 1,250 976 (1,524) 39.1% Other Expenditures 70,000 - 70,000 35,000 - (70,000) 0.0% Total Operating Expenditures 912,397 912,397 456,198 173, 643 (738, 754) 19.0% Indirect Cost Allocation 26,493 26,493 13,248 13,248 (13,245) 50.0% Total NonOperating Expenditures 26,493 26,493 13,248 73,248 (73,245) 50.0% Total Expenditures 938,890 938,890 469,446 186,891 (751,999) 19.9% Beginning Fund Balance 2,048,201 Change in Fund Balance (212,890) Ending Fund Balance $ 1,835,311 2,048,201 2,342,419 (212, 890) 252,496 $ 1,835,311 $ 2,594,915 112 INFORAMTIONAL MEMO PAGE 19 City of Tukwila Drug Seizure Fund as of June 30. 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget Variance Year to Date Over/(Under) % of Annual Actual Annual Budget Budget REVENUE: Intergovernmental Revenue 35,000 - 35,000 17,500 77.060 42,060 220.2% Other Income 80,000 - 80,000 40,000 - (80,000) 0.0% Total Operating Revenues 115, 000 115,000 57,500 77,060 (37,941) 67.0% Investment Earnings 500 - 500 250 - (500) 0.0% Total Non -Operating Revenues 500 - 500 250 - (500) 0.0% Total Revenues 115,500 115,500 57,750 77,060 (38, 441) 66.7% EXPENDITURES: Salaries &Wages 100,107 - 100,107 50,054 Benefits 48,901 - 48,901 24,451 Supplies 10,000 - 10,000 5,000 Small Tools 19, 000 - 19, 000 9,500 Professional Services 15,000 - 15,000 7,500 Professional Development 16,000 - 16,000 8,000 Technology Services 22,000 - 22,000 11,000 Total Operating Expenditures 231, 008 231,008 115,504 Machinery & Equipment 35,000 11,423 22,822 (100,107) (48,901) (10,000) (7,577) 7,822 (16,000) (22,000) 0.0% 0.0% 0.0% 60.1 % 152.1% 0.0% 0.0% 34,246 (196, 762) 14.8 % 35,000 17,500 - (35,000) 0.0% Total Nonoperating Expenditures 35,000 35,000 17,500 - (35, 000) 0.0% Total Expenditures 266,008 266,008 133,004 34,246 (231,762) 12.9% Beginning Fund Balance Change in Fund Balance Ending Fund Balance 435,515 435,515 (150, 508) - (150, 508) $ 285,008 $ 285,008 295,220 42,814 $ 338,034 113 INFORAMTIONAL MEMO PAGE 20 City of Tukwila LTGO Debt Service Fund as of June 30, 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget REVENUE: SCORE Contribution 376,876 376,876 92,520 Total Operating Revenues 376,876 376,876 92,520 Transfers In 5,802,194 - 5, 802,194 Variance Year to Date Overl(Under) % of Annual Actual Annual Budget Budget (376,876) 0.0% (376,876) 0.0% 2,901,097 2,901,097 Total Non -Operating Revenues 5,802,194 5,802,194 2,901,097 2,901,097 Total Revenues 6,179, 070 (2,901,097) 50.0% (2,901,097) 50.0% 6,179,070 2,993,617 2,901,097 (3,277,973) 47.0% EXPENDITURES: Total Operating Expenditures - - - - - - 0.0% Principal 4,005,836 - 4,005,836 - (4,005,836) 0.0% Interest Expense 2,173,234 - 2,173,234 1,086,617 994,044 (1,179,190) 45.7% Total NonOperating Expenditures 6,179, 070 6,179,070 1,086,617 994,044 Total Expenditures 6,179, 070 - 6,179, 070 (5,185, 026) 16.1% 1,086,617 9-94,044 Beginning Fund Balance Change in Fund Balance Ending Fund Balance $ - $ (5,185,025) 16.1% 1,907,0 53 $ 1,907,053 114 INFORAMTIONAL MEMO PAGE 21 City of Tukwila UTGO Debt Service Fund as of June 30, 2023 Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date Over/(Under) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget REVENUE: Property Tax $ 4,485,975 $ $ 4,485,975 $ 2,456,785 $ 2.411,351 $ (2.074.624} 53.8% Total Operating Revenues 4,485,975 - 4,485,975 2,456,785 2,411,351 Investment Earnings (2,074,624) 53.8% 1,200 - 1,200 600 20,564 19.304 1708.7% Total Non -Operating Revenues 1, 200 1,200 600 20,504 19,304 1708.7% Total Revenues 4,487,175 - 4,487,175 2,457,385 2,431,855 EXPENDITURES: (2,055,320) 54.2% Total Operating Expenditures - - - - - - 0.0 % Principal Interest Expense 1,980,000 - 1,980,000 - 0,980.000} 0.0% 2,505,975 - 2,505,975 1,252,988 1,252,988 (1,252.988} 50.0% Total NonOperating Expenditures 4,485,975 4,485,975 1, 252, 988 1, 252, 988 (3,232,988) 27.9% Total Expenditures 4,485,975 - 4,485,975 1,252,988 1,252,988 (3,232,988) 27.9% Beginning Fund Balance 314,818 Change in Fund Balance 1,200 Ending Fund Balance $ 318,018 314,818 402,630 1,200 1.178,868 $ 316,018 $ 1,581,497 115 INFORAMTIONAL MEMO PAGE 22 City of Tukwila LID #33 & Guarantee Funds as of June 30, 2023 REVENUE: Special Assessment Interest Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date overl(Under) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget 125,000 - 125,000 - - (125,000) 0-0% Total Operating Revenues 125,000 - 125,000 Investment Earnings LID Assessment Principal 3,000 - 3,000 400,000 - 400,000 (125,000) 0-0% 1,500 18,267 Total Non -Operating Revenues 403,000 403,000 1,500 18,267 Total Revenues 528,000 - 528,000 1,500 18,267 EXPENDITURES: 15.267 608,9 (400,000) 0-0% (384, 733) 4,5% (509, 733) 3,5% Total Operating Expenditures - - - - - - 0-0% Principal Interest Expense 400,000 400,000 400,000 400,000 - 100-0% 125,000 125,000 125,000 144.188 Total NonOperating Expenditures 525,000 525,000 525,000 544,188 Total Expenditures 525,000 - 525,000 525,000 544,188 19,188 115-4% 19,188 1017% 19,188 1017% Beginning Fund Balance 1,345,636 Change in Fund Balance 3,000 1,345,636 1,332,799 3,000 (525,920) Ending Fund Balance $ 1,348,636 $ 1,348,536 $ 806,879 116 INFORAMTIONAL MEMO PAGE 23 City of Tukwila Residential Streets Fund as of June 30, 2023 Budget Revised Annual Amendments Annual Budget (Consensus) Budget REVENUE: Solid Waste Utility Tax 650,000 - 650,000 Grant Revenues 4,033,000 - 4,033,000 State Entitlements 268,800 - 268,800 Variance Year to Date Over/(Under) % of Annual Actual Annual Budget Budget 139.6E 1 (650,000) (4,033.000) (129.139) 0.0% 0.0% 52.0% Total Operating Revenues 4,951,800 - 4,951,800 139, 661 (4, 812,139) 2.8% Investment Earnings 1,000 Transfers In 400,000 1,000 13,828 12,828 1382.8% 400,000 138 (399,862) 0.0% Total Won -Operating Revenues 401,000 401,000 Total Revenues 5,352,800 - 5,352,800 13,966 (387,034) 3.5% 153, 627 (5,199,173) 2.9 % PROJECTS Traffic CalminglResidental Safety 650,000 - 650,000 48,935 (501,fl65) 7.5% 53rd Ave S 154,000 - 154,000 105.168 (48,832) 68.3% 42nd Ave S Phase III (SC Blvd-160) 333,000 - 333,000 121.370 (211,630) 36.4% S 152nd St Safe Routes to School 4,015,000 - 4,015,000 15,866 (3,999,134) 0.4% 46th Ave S Safe Routes to School 510,000 - 510,000 - (510,000) 0_0% S 1 19th St Bridgel42nd Ave S 250,000 - 250,000 7.000 (243.000) 2.8% Total Project Expenditures 5, 912, 000 - 5,912,000 298,340 (5, 613, 660) 5_0% Beginning Fund Balance 547,903 847,903 Change in Fund Balance (559,200) (559,200) Ending Fund Balance $ 288,703 5 288,703 734,407 (144,712) $ 589,694 117 INFORAMTIONAL MEMO PAGE 24 City of Tukwila Arterial Street Fund as of June 30, 2023 Budget Revised Variance Annual Amendments Annual Year to Date Over/(Under) % of Annual Budget (Consensus) Budget Actual Annual Budget Budget REVENUE: Solid Waste Utility Tax 490,000 - 490,000 632,612 142,612 129.1% Parking Tax 600,000 - 600,000 386,269 (213,731) 64.4% Real Estate Excise Tax (REET) 500,000 - 500,000 93,182 (406,818) 18.6% Permits - - - 797 797 0.0% Franchise Fees 75,000 - 75,000 - (75,000) 0.0% Grant Revenues 2,779,000 - 2,779,000 55,049 (2,723,951) 2.0% State Entitlements 144,800 - 144,800 71,662 (73,138) 49.5% Traffic Impact Fees 200,000 - 200,000 145,581 (54,419) 72.8% Fines and Penalties - - - 10,655 10,655 0.0% Concurrence Fees 80,000 - 80,000 115,334 35,334 144.2% Total Operating Revenues 4,868,800 - 4,868,800 1,511,140 (3,357,660) 31.0% Investment Earnings 5,000 - 5,000 121,669 116.669 2433.4% Total Non -Operating Revenues 5,000 - 5,000 121,669 116,669 2433.4% Total Revenues 4,873,800 4,873,800 1, 632, 809 (3,240,991) 33.5% PROJECTS Salaries & Benefits (Overhead) 162,662 - 162,662 80,419 (82,243) 49.4% Wetland Monitoring 60,000 - 60,000 3,237 (56,763) 5.4% Annual Traffic Signals 130,000 - 130,000 43,205 (86,795) 33.2% Annual Traffic Counts - - - 4,500 4,500 0.0% Transporation Element of Comp Plan 300,000 - 300,000 83,466 (216,534) 27.8% 42nd Ave S Bridge Replacement 1,500,000 - 1,500,000 565,109 (934,891) 37.7% Overlay & Repair 1,400,000 - 1,400,000 199,597 (1,200,403) 14.3% Bridge Inspections 200,000 - 200,000 34,016 (165,984) 17.0% ADA Improvements 100,000 - 100,000 306 (99,694) 0.3% Allentown Truck Reroute 900,000 - 900,000 140,861 (759,139) 15.7% Green River Trail Improvements 1,297,000 - 1,297,000 87,292 (309,708) 6.7% S 144th St Bridge - Sidewalks - 261 261 0.0% W Valley Hwy (I-405-Strander) - - - 696,001 1,093,001 0.0% Public Records Requests - 86 86 0.0% Southcenter Blvdl65th Ave Signal 100,000 - 100,000 - (100,000) 0.0% Total Project Expenditures 6,149, 662 - 6,149, 662 1,938,355 (2,914,307) 31.5% Beginning Fund Balance 6,570,879 6,570,879 5,534,493 Change in Fund Balance (1,275,862) - (1,275,862) (305,546) Ending Fund Balance $ 5,295,017 $ 5,295,017 $ 5,228,946 118 INFORAMTIONAL MEMO PAGE 25 City of Tukwila Land Acq., Rec. & Park Devlpmn as of June 30, 2023 Budget Revised Annual Amendments Annual Budget (Consensus) Budget Variance Year to Date Over!(Under) % of Annual Actual Annual Budget Budget REVENUE: Property Tax $ 165,000 $ - $ 165,000 $ 128,923 $ (36,077) 78.1% Real Estate Excise Tax (REET) 150,000 - 150,000 36,224 (113,776) 24.1% Park Impact Fees 100,000 - 100,000 33,733 (66,267) 33.7% Total Operating Revenues 415,000 - 415,000 Investment Earnings 8,000 Transfers In 64,250 198,880 (216,120) 47.9% 8,000 74,344 64,250 Total Non -Operating Revenues 72, 250 72,250 66,344 (64,250 ) 929.3% 0.0% 74,344 2,094 102.9% Total Revenues 487,250 - 487,250 273,224 (214, 026) 56-1 % PROJECTS Art Projects Park Improvements Parks Maintenance Multipurpose Trails 64,250 - 64,250 3,825 (60,425) 6.0% 742,000 - 742,000 33,733 (708,267) 4.5% 91,692 91,692 0.0% 125,000 - 125,000 (125,000) 0.0% Total Project Expenditures 931, 250 - 931,250 129,250 (802, 000) 13.9% Beginning Fund Balance 3,751,186 3,751,186 Change in Fund Balance (444,000) - (444,000) Ending Fund Balance $ 3,307,186 $ 3,307,186 3,069,803 143,974 $ 3,213,777 119 INFORAMTIONAL MEMO PAGE 26 City of Tukwila Urban Renewal as of June 30, 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget REVENUE: Variance Year to Date Over/(Under) % of Annual Actual Annual Budget Budget Total Operating Revenues - - - - - - 0.0% Investment Earnings Sale of Capital Assets 1.350.000 - 1.350.000 Total Non -Operating Revenues 1.350.000 1, 350.000 Total Revenues 1.350.000 - 1,350,000 36.565 36.565 0.0% (296.496) (1.646.496) -22.0% (259.931) (1.609.931) -19.3% (259.931) (1.609,931) -19.3% EXPENDITURES: Utilities 3 927 3 927 0 0% Total Operating Expenditures - - - - 3.927 Transfers Out 300 000 - 300.000 Total NonOperating Expenditures 300 000 300.000 3.927 0.0% (300 000) 0.0% (300.000) 0.0% Total Expenditures 300.000 300.000 3,927 (296.073) 1.3% Beginning Fund Balance Change in Fund Balance Ending Fund Balance .183.800 7.183.800 7.050.000 - 1.050.000 $ 2.233.800 S 2.233.800 1,404.242 (263.858) 5 1.140.384 120 INFORAMTIONAL MEMO PAGE 27 City of Tukwila General Govermmnt Improvements as of June 30, 2023 Budget Revised Annual Amendments Annual Budget (Consensus) Budget REVENUE: Grant Revenues 1,800,000 - 1,800,000 Total Operating Revenues 1,800,000 - 1,800,000 Variance Year to Date Overl(under) % Gt Annual Actual Annual Budget Budget (1.800.000) 0.0% (1,800,000) 0.0% Investment Earnings 1,000 - 1,000 11,781 10,781 1178.1% Transfers In 100,000 - 100,000 - (100,000) 0.0% Total Non -Operating Revenues 101,000 101,000 11,781 (89, 219) 11.7% Total Revenues 1,901,000 - 1,901,000 11, 781 (1,889,219) C.6% PROJECTS Citywide Facilities Plan TC HVAC Replacement City Hall Siding Repairs 340,000 - 340,000 2,000,000 2,000,000 133.850 (340,000) (2,000,000) 133,850 0.0% 0.0% 0.0% Total Project Expenditures 2,340,000 - 2,340,000 133,850 (2,206,150) 5.7% Beginning Fund Balance 444,128 444,128 Change in Fund Balance (439,000) - (439,000) Ending Fund Balance $ 5,128 $ 5,128 553.386 (122.069) $ 431,317 121 INFORAMTIONAL MEMO PAGE 28 City of Tukwila Fire Improvements as of June 30, 2023 REVENUE: Fire Impact Fees Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget Variance Year to Date Overl(Under) % of Annual Actual Annual Budget Budget 300,000 - 300,000 150,000 19.852 (280148) 6.6% Total Operating Revenues 300,000 300,000 150,000 / 9, 852 (280,148) 6.6% Total Non -Operating Revenues - - - - - - 0.0% Total Revenues 300,000 300,000 150,000 EXPENDITURES: 19,852 (280,148) 6.6% Total Operating Expenditures - - - - - - 0.0% Transfers Out 300,000 - 300,000 Total NonOperating Expenditures 300,000 300,000 Total Expenditures 300,000 - 300,000 Beginning Fund Balance Change in Fund Balance Ending Fund Balance (30O.000) 0.0% (300,000) 0.0% (300,000) 0.0% 19,852 $ 19, 852 122 INFORAMTIONAL MEMO PAGE 29 City of Tukwila Public Safety Plan as of June 30, 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget REVENUE: Real Estate Excise Tax (REET) Fire Impact Fees Variance Year to Date Over/(Under) % of Annual Actual Annual Budget Budget 500,000 - 500,000 397,276 56,958 (443,042) 11.4% 300,000 - 300,000 Total Operating Revenues 800,000 (300,000) 0.0% 800,000 397,276 56,958 (743, 042) 7.1 % Investment Earnings Transfers In 300,000 - 300,000 Total Non -Operating Revenues 300,000 23,488 23,468 0.0% (300,000) 0.0% 300,000 23,468 (276,532) 7.8% Total Revenues 1,100,000 - 1,100,000 397,278 80,426 (1,019,574) 7.3% EXPENDITURES: Total Operating Expenditures - - - - - - 0.0% Transfers Out 1,319,019 - 1,319,019 Total NonOperating Expenditures 1, 319, 019 1,319,019 Total Expenditures 1,319,019 - 1,319,019 Beginning Fund Balance Change in Fund Balance Ending Fund Balance 538,557 538,557 (219, 019) - (219, 019) $ 319,538 $ 319,538 (1,319,019) 0.0% (1,319,019) 0.0% (1,319,019) 0.0% 991,865 80,426 $ 1,072,291 123 INFORAMTIONAL MEMO PAGE 30 City of Tukwila City Facilities as of June 30, 2023 Annual Budget REVENUE: Budget Amendments (Consensus) Revised Annual Budget Total Operating Revenues Investment Earnings Transfers In 1, 000 2,140, 000 1, 000 2,140, 000 Total Non -Operating Revenues 2,141, 000 2,141, 000 Total Revenues 2,141, 000 2,141, 000 PROJECTS Public Works Shops Minkler Improvements 2,500,000 200,000 2,500,000 200,000 Total Project Expenditures 2,700,000 2,700,000 Beginning Fund Balance Change in Fund Balance Ending Fund Balance 2,274,324 (559, 000) $ 1, 715, 324 2,274,324 (559, 000) $ 1,715,324 Year to Date Actual Variance Overl(Under) % of Annual Annual Budget Budget 0.0% 24,163 23,163 2416.3% (2,140,000) 0.0% 24,163 (2,116, 837) 24,163 (2,116,837) 1,410,923 (1,089,077) (200.000) 56.4% 0.0% 1,410,923 (1,289,077) 52.3% 1,959,366 (1,386,760) $ 572, 606 124 INFORAMTIONAL MEMO PAGE 31 City of Tukwila Water Utility Fund as of June 30, 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget REVENUE: Water Sales Security Revenue Interest on Receivables Variance Year to Date Overl(Under) % of Annual Actual Annual Budget Budget 7,647,000 - 7,647,000 3,480,375 3,446,861 (4,200,139) 6,149 6,149 21,000 - 21,000 10,500 5,491 (15, 509) Total Operating Revenues 7,668,000 - 7,668,000 3,490,875 3,458,502 Investment Earnings 60,000 60,000 30,000 Total Non -Operating Revenues 60,000 60,000 30,000 Total Revenues 7,728,000 45.1% 0.0% 26.1 % (4,209,498) 45.1 % 88,769 28,769 147.9% 88, 769 28, 769 147.9% 7,728,000 3,520,875 3,547,271 (4,180, 729) 45.9% EXPENDITURES: Salaries & Wages 707,380 - 707,380 353,690 347,413 (359,966) 49.1% Benefits 274,851 - 274,851 137,425 155,331 (119,519) 56.5% Supplies 29,000 - 29,000 14,500 12,017 (16,983) 41.4% Repair & Maintenance Supplies 115,500 - 115,500 57,750 37,188 (78,312) 32.2% Small Tools 14,000 - 14,000 7,000 4,695 (9,305) 33.5% Technology Supplies 1,000 - 1,000 500 396 (604) 39.6% Utility Fund Supplies 2,773,243 - 2,773,243 1,236,621 1,652,764 (1,120,479) 59.6% Professional Services 115,491 - 115,491 77,741 150,764 35,273 130.5% Communications 8,000 - 8,000 4,000 3,640 (4,360) 45.5% Professional Development 12,000 - 12,000 6,000 9,986 (2,014) 83.2% Advertising - - - - 712 712 0.0% Rentals 1,600 - 1,600 800 1,782 182 111.4% Technology Services 15,000 - 15,000 7,500 17,051 2,051 113.7% Utilities 46,600 46,600 23,300 13,730 (32,870) 29.5% Repairs & Maintenance Services 94,976 94,976 47,488 308,506 213,530 324.8% Other Expenses 1,131, 750 - 1,131, 750 550,875 567,018 (564,732) 50.1 % Total Operating Expenditures 5,340,390 5,340,390 2,525,190 3, 282, 994 (2,057, 397) 61.5% Other Capital Improvements 50,000 - 50,000 25,000 - (50,000) 0.0% Construction Projects 1,880,000 - 1,880,000 940,000 - (1,880,000) 0.0% Principal 122,891 - 122,891 80,625 80,625 (42,266) 65.6% Interest Expense 4,929 - 4,929 2,868 2,868 (2,062) 58.2% Transfers Out 1, 052,804 - 1,052,804 518,902 178,902 (873,902) 17.0% Indirect Cost Allocation 740,347 - 740,347 370,176 370,176 (370,171) 50.0% Total NonOperating Expenditures 3, 850,972 3,850,972 1,937,571 632, 571 (3, 218, 400) 16.4% Total Expenditures 9,191, 362 - 9,191,362 4,462,762 3,915,565 (5,275, 797) 42.6% Beginning Fund Balance Change in Fund Balance Ending Fund Balance 4,690,562 4,690,562 (1,463,362) - (1,463,362) $ 3,227,200 $ 3,227,200 5,170,176 (368,295) $ 4,801,881 125 INFORAMTIONAL MEMO PAGE 32 City of Tukwila Sewer Utility Fund as of June 30. 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget REVENUE: Sewer Sales Interest on Receiavables Variance Year to Date Over/(Under) % of Annual Actual Annual Budget Budget 10, 802, 300 - 10, 802, 300 5,401,150 4,859,923 (5,942,377) 30,000 - 30,000 75,000 23,391 (6,609) Total Operating Revenues 10, 832, 300 - 10, 832, 300 45.0% 78.0% 5,416,150 4,883,314 Investment Earnings 50,000 (5948,986) 45.1 % 50,000 25,000 229,411 179,411 458.8% Total Non -Operating Revenues 50,000 50,000 25,000 229,411 179,411 458.8% Total Revenues 10,882,300 - 10,882,300 5,441,150 5,112,725 (5,769,575) 47.0% EXPENDITURES: Salaries & Wages 947,190 - 947,190 473,595 419,811 (527,379) 44.3% Benefits 340,550 - 340,550 170,276 182,191 (158,360) 53.5% Supplies 6,200 - 6,200 3,100 4,030 (2,170) 65.0% Repair & Maintenance Supplies 17,600 - 17,600 8,800 3,953 (13,647) 22.5% Small Tools 5,000 - 5,000 2,500 3,076 (1,924) 61.5% Technology Supplies 2,500 - 2,500 1,250 - (2,500) 0.0% Utility Fund Supplies 5,525,960 - 5,525,960 2,762,980 2,045,613 (3,480,347) 37.0% Professional Services 253,437 - 253,437 141,187 134,942 (118,495) 53.2% Communications 7,000 - 7,000 3,500 1,922 (5,078) 27.5% Professional Development 5,000 - 5,000 2,500 892 (4,108) 17.8% Advertising - - - - 70 70 0.0% Rentals 24,916 - 24,916 a2,458 11.466 (13,450) 46.0% Technology Services 15,000 - 15,000 7,500 18,341 3,341 122.3% Utilities 50,430 - 50,430 25,215 21,443 (28,987) 42.5% Repairs & Maintenance Services 1,127,567 - 1,127,567 388,781 32,792 (1,094,775) 2.9% Other Expenses 1,342,930 - 1,342,930 671,465 638,701 (704,229) 47.6% Total Operating Expenditures 9,671,281 - 9,671,281 4,675,1.07 3,519,243 (6,152,038) 36.4% Construction Projects 1,300,000 - 1,300,000 433,333 - (1.300,000) 0.0% Principal 334,223 - 334,223 233,436 233.436 (100,787) 69.8% Interest Expense 13,813 - 13,813 8,897 8,897 (4,916) 64.4% Transfers Out 605,949 - 605,949 289,975 99,975 (505,975) 16.5% Indirect Cost Allocation 623, 733 623, 733 311,868 311,868 (311,865) 50.0% Total Non Operating Expenditures 2, 877, 719 2,877,719 1,277,510 Total Expenditures 12, 549, 000 - / 2, 549 000 654,176 (2,223,543) 22.7% 5,952,616 4.173,419 Beginning Fund Balance Change in Fund Balance Ending Fund Balance 11, 742, 027 (7, 666, 700) 11, 742, 027 (1,666,700) $ 10,075,327 $ 10,075,327 (8,375.581) 33.3% 12,278,125 939.306 $ 13,217,431 126 INFORAMTIONAL MEMO PAGE 33 City of Tukwila Foster Golf Course as of June 30, 2023 Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date Overl(Under) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget REVENUE: Gambling & Excise Taxes 3,000 - 3,000 - - (3,000) 0.0% Greens Fees 1,412,500 - 1,412,500 634,919 836,484 (576,016) 59.2% General Government Revenue 145,000 - 145,000 65,178 89,247 (55,753) 61.5% Culture and Recreation Fees 2,000 - 2,000 899 197 (1,803) 9.9% Other Revneue 10,000 - 10,000 4,495 21,025 11,025 210.3% Total Operating Revenues 1,572,500 - 1,572,500 705,490 946,953 (625, 547) 60.2% Investment Earnings 2,000 - 2,000 899 33,269 31,269 1663.5% Rent & Concessions 420,000 - 420,000 188,790 205,280 (214,720) 48.9% Transfers In 300,000 - 300,000 150,000 150,000 (150,000) 50.0% Sale of Capital Assets - - - - 12,800 12,800 0.0% Total Non -Operating Revenues 722,000 722,000 339,689 401,349 (320, 651J 55.6% Total Revenues 2,294,500 - 2,294,500 1,045,179 1, 348, 303 (946,197) 58.8% EXPENDITURES: Salaries & Wages 931,642 - 931,642 465,821 402,594 (529,048) 43.2% Benefits 372,040 - 372,040 186,020 181,133 (190,907) 48.7% Supplies 4,250 - 4,250 2,125 3,338 (912) 78.5% Repair & Maintenance Supplies 83,500 83,500 59,167 81,594 (1,906) 97.7% Resale Supplies 96,500 - 96,500 43,377 64,129 (32,371) 66.5% Small Tools 4,500 - 4,500 2,500 87,527 83,027 1945.0% Fleet Supplies 36,000 - 36,000 16,182 18,258 (17,742) 50.7% Professional Services 32,575 - 32,575 30,950 53,648 21,073 164.7% Communications 4,900 - 4,900 2,450 5,268 368 107.5% Professional Development 1,935 - 1,935 1,735 1,920 (15) 99.2% Advertising 5,000 - 5,000 2,500 3,476 (1,524) 69.5% Rentals 39,000 - 39,000 19,625 17,683 (21,317) 45.3% Technology Services 4,000 - 4,000 - - (4,000) 0.0% Utilities 82, 700 - 82, 700 64,221 56,745 (25,955) 68.6% Repairs & Maintenance Services 34,500 - 34,500 17,250 109,335 74,835 316.9% Other Expenses 30,520 - 30,520 14,548 36,265 5,745 118.8% Total Operating Expenditures 1,763,562 1,763,562 928,470 1,122, 912 (640, 650) 63.7% Other Capital Improvements 230,000 - 230,000 - 4,372 (225,628) 1.9% Machinery & Equipment 100,000 100,000 - - (100,000) 0.0% Indirect Cost Allocation 219,309 - 219,309 109,656 109,656 (109,653) 50.0% Total NonOperating Expenditures 549,309 549,309 109,656 114,028 (435,281) 20.8% Total Expenditures 2,312,871 - 2,312, 871 1,038,126 1,236,940 (1,075,931) 53.5% Beginning Fund Balance 1,505,043 Change in Fund Balance (18,371) Ending Fund Balance $ 1,486,672 1,505,043 1,468,130 (18,371) 111,362 $ 1,486,672 $ 1,579,493 127 INFORAMTIONAL MEMO PAGE 34 City of Tukwila Surface Water Utility Fund as of June 30, 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget Variance Year to Date Overl(Under) % of Annual Actual Annual Budget Budget REVENUE: Surface Water Sales 7,717,500 - 7,717,500 7,717,500 7.767,059 49,559 100.6% Grant Revenues 2,176,000 - 2,776,000 1,088,000 44,631 (2.131,369) 2.1% Other Revenue 1,444,000 - 1,444,000 722,000 14,738 (1.429,262) 1.0% Total Operating Revenues 11,337,500 - 11,337,500 9,527,500 Investment Earnings 30,000 30,000 15, 000 7,826,428 (3,517,072) 69.0% 134,650 104,650 448.8% Total Non -Operating Revenues 30,000 - 30,000 15,000 134,650 104,650 448.8 % Total Revenues 11,367,500 - 11,367,500 9,542,500 7,967,078 (3,406,422) 70.0% EXPENDITURES: Salaries & Wages 7,555,045 - 7,555,045 777,524 598,988 (956,05T) 38.5% Benefits 700,378 - 700,378 350, 789 281,075 (419,303) 40.1 % Supplies 20,300 - 20,300 10,150 12,714 (7,586) 62.6% Repair & Maintenance Supplies 17,500 - 17,500 8,750 9,076 (8,424) 51.9% Small Tools 6,500 - 6,500 3,250 3,860 (2,640) 59.4% Technology Supplies 500 - 500 250 1,694 1,104 320.8 % Professional Services 4,103,137 - 4,103,137 2,066,037 324,744 (3,778,393) 7.9% Communications 7,100 - 7,100 3,550 4,578 (2,522) 64.5% Professional Development 7,990 - 7,990 3,995 2,686 (5,304) 33.6% Advertising - - - - 739 739 0.0 % Rentals 4,000 - 4,000 2,000 8 (3,992) 0.2% Technology Services 3,000 - 3,000 1,500 15,740 12,740 524.7% Utilities 90,685 - 90,685 49,343 14,327 (76,358) 15.8% Repairs & Maintenance Services 59,000 - 59,000 29,500 21,422 (37,579) 36.3% Other Expenses 862,475 - 862,475 878,673 835,401 (27,074) 96.9% Total Operating Expenditures 7,437,610 - 7,437,610 4,124,650 2,126,961 (5,310,649) 28.6% Other Capital Improvements 900,000 - 900,000 450,000 - (900,000) 0.0% Construction Projects 1,667000 - 1,687,000 843,500 9,680 (1,677,320) 0.6% Principal 278,863 - 278,863 259,356 259,356 (19,507) 93.0% Interest Expense 4,497 - 4,497 3,545 3,545 (952) 78.8% Transfers Out 1,441,612 - 1,441,612 717,306 247,306 (1.194,306) 17.2% Indirect Cost Allocation 659,842 - 659,842 329,922 329,922 (329,920) 50.0% Total lionOperating Expenditures 4,971,813 4,971,813 2,603,629 Total Expenditures 12, 409, 424 12, 409, 424 6,728,279 Beginning Fund Balance Change in Fund Balance Ending Fund Balance 5,944,369 5,944,369 (1,041,924) - (1,041,924) $ 4,902,446 $ 4,902,446 849,809 (4,122, 005) 17.1 % 2,976.770 (9,432,654) 24.0% 7.140,321 4.984,308 $ 72,124,628 128 INFORAMTIONAL MEMO PAGE 35 City of Tukwila Equipment Rental as of June 30, 2023 REVENUE: Transportation Revenue Sale of Scrap Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date Over/(Under) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget 2,056,241 2,056,241 1,028,112 1.028,112 (1,028,130) 50.0% 85 85 0.0% Total Operating Revenues 2,056,241 2,056,241 1,028,112 1,028,196 (1,028,045) 50.0% Investment Earnings 20,000 Sale of Capital Assets 161,750 20,000 10,000 161,750 80,875 Total Won -Operating Revenues 181, 750 181,750 97.797 77,797 489.0 % 214,403 52,653 132.6% 90,875 312,200 Total Revenues 2,237,991 130,450 171.8% 2,237, 991 1,118, 967 1,340,396 (897, 595) 59.9% EXPENDITURES: Salaries & Wages 476,273 - 476,273 238,137 151,858 (324,415) 31.9% Benefits 227,102 - 227,102 113,551 78,605 (148,497) 34.6% Supplies 3,350 - 3,350 1,675 1,097 (2.253) 32.7% Repair & Maintenance Supplies - - - - 643 643 0.0% Small Tools 10, 750 - 10,750 5,375 3,733 (7,017) 34.7% Technology Supplies 6,20❑ - 6,200 3,100 99 (6,101) 1.6% Fleet Supplies 710,000 - 710,000 355,000 309,998 (400,002) 43.7% Professional Services 102,100 - 102,100 100,050 101,687 (413) 99.6% Communications 5,000 - 5,000 2,500 2,322 (2,678) 46.4% Professional Development 5,850 - 5,850 2,925 227 (5,623) 3.9% Advertising - - - - 50 50 0.0% Rentals 1,500 - 1,500 750 141,517 140,017 9434.5% Technology Services 10,500 - 10,500 5,250 2,201 (8,299) 21.0% Utilities 4,000 - 4,000 2,000 287 (3,713) 7.2% Repairs & Maintenance Services 153, 771 - 153, 771 76,883 118,363 (35,408) 77.0 % Other Expenses 500 - 500 250 - (500) 0.0% Total Operating Expenditures 1,716,896 1,716,896 907,446 912,687 (804, 209) 53.2% Machinery & Equipment Indirect Cost Allocation 1,143, 556 - 1,143, 556 571, 778 18,311 (1,125,245) 1.6% 350,392 - 350,392 175,194 175,194 (175,198) 50.0% Total NonOperating Expenditures 1,493,948 1,493,948 746,972 193,505 (1,300,443) 13.0 % Total Expenditures 3,210,844 - 3,210,844 1,654,418 1,106.192 (2,104,653) 34.5% Beginning Fund Balance 4,322,760 Change in Fund Balance (972,853) Ending Fund Balance $ 3,349,907 4,322,760 4.222,357 (972, 853) 234,205 $ 3,349,907 $ 4,456,562 129 INFORAMTIONAL MEMO PAGE 36 City of Tukwila Insurance - Active Employees as of June 30, 2023 Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date overl(llnder) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget REVENUE: Total Operating Revenues - - - - - - 0.0% Investment Earnings 6,000 - 6,000 3,000 95.486 89.486 1591.4% Employee Trust Contributions 294,885 - 294,885 147,443 84,342 (210,543) 28.6% Employer Trust Contributions 5,903,457 - 5,903,457 2,951,729 2,795,102 (3,108,355) 47.3% Total Non -Operating Revenues 6,204,342 6,204,342 3,102,171 2,974,930 (3,229,412) 47.g% Total Revenues 6,204,342 6,204,342 3,102,171 2,974,930 (3,229,412) 47.9% EXPENDITURES: Insurance Program Costs Supplies Professional Services Other Expenses 5,750,222 100,000 21, 000 5, 750,222 2,875,111 100,000 50,000 21, 000 10,500 2,732,626 (3.017.596) 47.5% 303 303 0.0% 31.331 (68,669) 31.3% (21.000) 0.0% Total Operating Expenditures 5, 871, 222 5,871,222 2,935,611 2,764,260 (3,106, 962) 47.1 % Indirect Cost Allocation 189, 639 7 89, 639 94, 818 94.818 (94.821) 50.0 % Total NonOperatrng Expenditures 189,639 189,639 94,818 94,818 (94,821) 50.0% Total Expenditures 6 060,861 6,060,861 3,030,429 2.859.078 (3,201.783) 47.2% Beginning Fund Balance 764,171 Change in Fund Balance 143,481 Ending Fund Balance $ 907,652 764,171 2,371,697 143,481 115, 853 $ 907,652 $ 2,487,550 130 INFORAMTIONAL MEMO PAGE 37 City of Tukwila Insurance - LEOFF I Retirees as of June 30, 2023 Budget Revised Annual Amendments Annual Year -to -Date Budget (Consensus) Budget Budget REVENUE: Variance Year to Date Overi(Under) % of Annual Actual Annual Budget Budget Total Operating Revenues 0.0% Investment Earnings 500 - 500 250 3.577 3.077 715.5% Employer Trust Contributions 350,000 350,000 9 75,000 159.825 Total Non -Operating Revenues 350,500 (190,175) 45.7% 350,500 175,250 163,403 (187,097) 46.6% Total Revenues 350,500 - 350,500 175,250 163,403 (187, 097) 46.6 % EXPEN❑ITURES: Insurance Program Costs 426,296 - 426,296 208,782 249,094 (177,202) 58.4% Professional Services 5,000 - 5,000 2,500 - (5,000) 0.0% Other Expenses 500 - 500 250 - (500) 0.0% Total Operating Expenditures 431, 796 431,796 211,532 Indirect Cost Allocation 12,642 - 12,642 249,094 (182, 702) 5 7.7% 6,324 6.324 Total Nonoperating Expenditures 12,642 (6,318) 50.0% 12,642 6,324 6,324 (6, 318) 50.0 % Total Expenditures 444,438 444,438 217, 856 Beginning Fund Balance Change in Fund Balance Ending Fund Balance 258,737 258,737 (93,938) - (93,938) $ 164, 799 $ 164,799 255,418 (189,020) 57.5% 174,554 (92,015) $ 82, 539 131 INFORAMTIONAL MEMO PAGE 38 City of Tukwila Firemen's Pension Fund as of June 30, 2023 REVENUE: Fire Insurance Premium Tax Budget Revised Variance Annual Amendments Annual Year -to -Date Year to Date Over/(Under) % of Annual Budget (Consensus) Budget Budget Actual Annual Budget Budget 74,000 - 74,000 74,000 86.708 12,708 117.2% Total Operating Revenues 74,000 - 74,000 74,000 86,708 12,708 117.2% 1,500 - 1,500 750 35,491 33,991 2366.0% 1,500 - 1,500 750 35,491 33, 991 2366.0 % Investment Earnings Total Non -Operating Revenues Total Revenues 75,500 - 75,500 74,750 122,199 46,699 161.9% EXPENDITURES: Benefits 60,000 - 60,000 - - (60,000) 0.0% Professional Services 2,000 - 2,000 2,000 - (2,000) 0.0% Total Operating Expenditures 62,000 - 62,000 2,000 - (62,000) 0.0% Total NonOperating Expenditures Total Expenditures 0.0% 62,000 - 62,000 2,000 - (62,000) 0.0% Beginning Fund Balance 1,543,370 Change in Fund Balance 13,500 Ending Fund Balance $ 1,556,870 1543,370 1,566,108 13,500 122,199 S ;.556,870 $ 1,688,306 132 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/23/23 PH ITEM INFORMATION ITEM No. 6.D. STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 10/23/23 AGENDA ITEM TITLE Update on school safety CATEGORY ® Discussion Mtg Date 10/23/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PW SPONSOR'S SUMMARY Council would like a report from the PD on back to school, school resource officer program, steps officers are taking to address safety issues. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPoNsoR/ADMIN. Police COMMITTEE Info only COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/23/23 MTG. DATE ATTACHMENTS 10/23/23 No attachments 133 134 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/23/23 JR ITEM INFORMATION ITEM NO. Spec 2.B. STAFF SPONSOR: DAVID BAUS ORIGINAL AGENDA DATE: 10/23/23 AGENDA ITEM TITLE 2024 Design Annual Overlay Program - Engineering Services Contract Consultant Selection and Agreement CATEGORY ❑ Discussion Mtg Date Motion Date 10/23/23 ❑ Resolution AugtDate ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire TS P&R ❑Police Pr ❑Court SPONSOR'S The annual overlay program is intended to preserve and maintain the street structure in a SUMMARY safe and useable state by resurfacing before failure. An engineer of record is required to manage the construction of the project and KPG Psomas was selected due to their familiarity with the City's system and previous work. KPG has provided a contract, scope of work, and fee estimate to complete the design. Council is being asked to approve a new contract with KPG on the 2024 Annual Overlay Program in the amount of $149,383.03. REVIEWED BY r Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dcv. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 10/16/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDTI'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $149,383.03 $150,000.00 $0.00 Fund Source: Comments: 2024 CIP page 12 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/23/23 Informational Memorandum dated 10/13/23 2024 CIP page 12 KPG 2024 Overlay Consultant Contract 2024 Overlay Segments Map Minutes from TIS Committee meeting of 10/16/23 (distribute separately) 135 136 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: David Baus, Public Works Transportation Project Manager CC: Mayor Ekberg DATE: October 13, 2023 SUBJECT: 2024 Annual Overlay Program - Engineering Services Contract Project No. 82410401 Design Consultant Selection and Agreement ISSUE Execute a contract with KPG Psomas, Inc. (KPG) to provide design services for the 2024 Overlay and Repair Program. BACKGROUND Every year, Public Works issues a construction project to grind and overlay several blocks of roadways in the City of Tukwila. The annual overlay program is intended to preserve and maintain the street structure in a safe and useable state by resurfacing before failure, which also minimizes costs. Before work can commence, an engineer of record is required to prepare, design, and manage construction of the project. KPG provides a unique blend of knowledge and understanding of the City's overlay program that provides efficiency and benefits which cannot be matched at this time by any other firm. KPG has also performed very well in providing construction management services. DISCUSSION KPG has provided a contract, scope of work, and fee estimate to complete the design of the 2024 Overlay and Repair Program and advertise for construction bids. Preliminary locations for 2024 Overlay are shown on the attached vicinity map. The final selections will be made after the design cost estimates have been completed. Specific roadway segments are based on several factors, including but not limited to, Pavement Condition Index which accounts for the condition of the pavement surface distress, roughness, and structural conditions, community complaints, and street classification. Roadways that do not make it into the 2024 program will be designed to a minimum of 30% design. Roadways not fully designed may be transferred to the 2025 program if they are not constructed this year. FINANCIAL IMPACT 2024 Design Contract KPG Contract Budget $149,383.03 $150,000.00 RECOMMENDATION Council is being asked to approve a new contract for KPG on the 2024 Annual Overlay Program in the amount of $149,383.03 and consider this item on Consent Agenda at the October 23, 2023 Special Council Meeting. ATTACHMENTS: 2024 CIP page 12 KPG 2024 Overlay Consultant Contract 2024 Overlay Segments Map 137 138 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Overlay and Repair Program Project No. 80010401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 316 150 150 150 150 150 150 150 150 1,516 Land (R/W) 0 Const. Mgmt. 43 200 200 200 200 200 200 200 200 1,643 Construction 970 1,050 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,820 TOTAL EXPENSES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Solid Waste Utility Tax 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 TOTAL SOURCES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 2023 - 2028 Capital Improvement Program 12 139 140 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and _KPG Psomas Inc,, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Design services in connection with the project titled _2024 Overlay Program. 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. 2024_, 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. 2024_ unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed _$149.383.03_ without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 141 5. Ownership arm Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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. 8. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 142 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. 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 Consultant'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 Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant 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 Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant 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 Consultant 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 Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 143 11. Discrimination Prohibited. Contractor, 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. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law: Venue: Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. 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. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG Psomas Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 18. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. 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 144 Page 4 DATED this day of , 20 ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: By: Printed Name: Title: CA revised May 2020 Page 5 145 146 EXHIBIT A City of Tukwila 2024 Overlay Program Scope of Work September 25, 2023 The Consultant shall prepare final Plans, Specifications and Estimates for the 2024 Overlay Program. It is anticipated approximately 5,000 to 7,000 linear feet of roadway overlay will be included in the final Plans, Specifications, and Estimates. Specific roadway segments will be determined from the following list of candidate streets in the Riverton and McMicken neighborhoods: RIVERTON STREET LIMIT 1 LIMIT 2 LENGTH PCI 126th St 40th Ave S 42nd Ave S 317 67 128th St East Marginal Way S 40th Ave S 87 44 128th St 40th Ave S Macadam Rd S 854 62 132nd PI S 132nd PI S 132nd PI 214 41 35th Ave S S 128th St S 130th St 636 43 35th Ave S S 126th St S 128th St 423 49 35th Ln S S 130th St S 132nd St 483 43 37th Ave S S 128th St S 130th St 621 42 38th PI S NORTH END S 132nd PI 163 44 40th Ave S East Marginal Way S S 132nd PI 881 51 40th Ave S S 126th St S 128th St 317 54 42nd Ave S S 126th St SE END 164 83 43rd Ave S Macadam Rd S SOUTH END 814 46 S 132nd PI 38th PI S 40th Ave S 285 54 Total 9040 City of Tukwila KPG Psomas Inc 2024 Overlay Program Page 1 of 6 September 2023 147 MCMICKEN STREET LIMIT 1 LIMIT 2 LENGTH PCI S 160T" ST 42ND AVE S 51ST AVE S 2668 55 AVG 45TH AVE S N END S 161' ST 434 52 46TH AVE S S 160TH ST S 163RD ST 735 55 47TH AVE S S 160TH S 162ND ST 608 55 48THAVES S160T"ST SEND 911 47 49T" AVE S N END S 164TH ST 405 45 51'T AVE S S 160th St S 161' St 284 53 S 161' ST W END S 161' ST 364 58 S 163RD PL 51ST AVE S E END 483 50 52ND AVE S N END S 164TH ST 173 69 SLADE WAY 53rd PI S 54th Ave S 314 43 S 166T" ST 53' Ave S 54th Ave S 270 50 Total 6259 Project locations may be re -prioritized or deferred to a future overlay program based on available budget, grant funding allocation, and other considerations. Preliminary cost estimates for each segment will be prepared at the 30% design to verify the final project list to be included in the 2024 Overlay Program. The City of Tukwila may require other services of the consultant. These services could include additional design, MEF documentation, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions for the 2024 Overlay Program Bid Package • Roadway segments that are not selected for inclusion in the 2024 Overlay Program following review preliminary cost estimates will not be advanced to final design. • Final Bid Documents will be prepared and ready for advertisement in March2024. • Topographic survey will not be performed for roadway and utility casting mapping. Paving limits and utility structure mapping will be based on aerial photography, GIS, and field reviews by the Consultant. • Topographic field survey will be performed only if ADA ramp and sidewalk improvements are desired to be included in the final bid documents. A budget of three field days and one basemap creation day has been accounted for. City of Tukwila KPG Psomas Inc 2024 Overlay Program Page 2 of 6 September 2023 148 • Alignments are based off of existing ROW GIS established by the City's GIS mapping. • Underground utilities are not shown, unless provided by GIS mapping and other utility coordination. • Utility structures inside roadway prism will be shown, but franchise utility structures outside of roadway prism may not be shown. • Lane widths and channelization types shall be replaced in kind unless otherwise directed by the City through project progress meetings. • Driveways that are disturbed will be restored with like pavement. • It is assumed there will be approximately twenty (20) plan sheets at 1"=20' scale full size (22" X 34"), 1"=40' at reduced scale (11" X 17"). • Full utility coordination is not included with this scope of work. The consultant shall provide copies of the plans to utility purveyors/teams based on project locations and solicit feedback. The Consultant is not responsible for design and coordination of any system upgrades for third party utility systems. • Drainage & Water Quality Reports will not be required. • Environmental Documentation will not be required. • Geotechnical exploration and/or investigation will not be required. • Maximum Extent Feasible Documentation is not included in this scope of work • Consultant shall not be responsible for printing and supplying City or Contractor with hard copies of plans and specifications at interim submittals or contract award. • Traffic Control Plans will be the responsibility of the Contractor are not included with this scope of work. Deliverables • Meeting notes during selection process • 30% review submittal with Plans and Estimate (electronic copies) • 90% review submittal with Plans, Specifications, and Estimate (electronic copies) • Routing of 30% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2024 Overlay Program. • Coordinate upload of Plans and Specifications to Builders Exchange. • Bid Analysis and recommendation for award letter. • Preconstruction Meeting Attendance. SCOPE OF WORK City of Tukwila KPG Psomas Inc 2024 Overlay Program Page 3 of 6 September 2023 149 TASK 1— Project Management 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 8 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (8) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QA/QC reviews by senior in-house staff of all deliverables prior to submittal to the City. TASK 2 — Preliminary Design 2.1 The Consultant shall prepare base maps for the initial 25 roadway segments identified above. The basemaps shall be created utilizing field measurements, available record drawings, City GIS data, and aerial photography. 2.2 The Consultant shall prepare 30% Plans for each of the 25 new roadway segments. Previously prepared segments will be included in the 30% submittal. The 30% proposed improvements including the following: • Plans shall be prepared with such provisions to produce a detailed engineer's estimate. • Topographic survey will not be utilized for 30% design. ADA ramp surveys will be provided during final design for selected roadway segments. • Typical sections and details will be prepared for items not available as standard details from the City or WSDOT standard drawings. • Plans will not include ADA curb ramp grading • The plans shall illustrate limits of construction and removals, utility adjustments, surfacing depths and applicable channelization and signing • The Consultant shall perform one site walkthrough to determine extent of roadway repairs / resurfacing • Plans shall be distributed to third party utilities and City utility staff. 2.3 The Consultant shall calculate quantities and prepare a Preliminary Engineers Estimate of Probable Construction Cost for each of the 25 roadway segments. Up to five roadway segments will be prioritized in collaboration with the City based on available budget and other considerations. Deliverables • 30% Plans for up to 12,000 linear feet of roadway segments City of Tukwila KPG Psomas Inc 2024 Overlay Program Page 4 of 6 September 2023 150 • 30% Cost Estimate for each candidate segment • Recommendation for up to 5,000 to 7,000 linear feet of roadway segments for Final Design and Advertisement based on available budget. Final selection of roadway segments for inclusion in the 2024 Overlay Program will be by the City. TASK 3 — Final Design 3.1 The Consultant shall prepare 90%, and Final Plans for up to 5,000 to 7,000 linear feet of roadway segments selected in Task 2 based on available budget. The proposed improvements including the following: • Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. • Topographic survey will be utilized only at ADA ramp locations where field conditions require it to meet ADA compliance. • Typical sections and details will be prepared for items not available as standard details from the City or WSDOT standard drawings. • Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. • The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. • The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway repairs / resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. • Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. No geotechnical investigations are anticipated. • The Consultant shall distribute 90% review submittals to franchise utility owners for adjustments within the Project limits. 3.2 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for in preparation for the bid documents and proposal as well as a site by site cost estimate for each review submittal and the Bid Documents. 3.3 The Consultant shall prepare the Contract Specification per 2024 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. City of Tukwila KPG Psomas Inc 2024 Overlay Program Page 5 of 6 September 2023 151 3.4 The Consultant shall utilize the construction management team for a QA/QC review of measurement and payment at the 90% submittal. Deliverables • 90% & Final Plans for up to 5,000 to 7,000 linear feet of roadway segments • 90% & Final Cost Estimate for up to 5,000 to 7,000 linear feet roadway segments • 90% & Final Contract documents including Project Special Provisions TASK 4 — Bid Period Services 4.1 The Consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila KPG Psomas Inc 2024 Overlay Program Page 6 of 6 September 2023 152 KPG PSOMAS EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila 2024 Overlay Program 9TUK##### 9/25/2023 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computations by Task 71 a 0 •L a Engineering Manager Project Engineer I Project Engineer III Design Engineer II Engineering Technician Survey Crew II (W/Equip) Project Surveyor Surveyor III Construction Manager Document Control Specialist II CAD Manager Senior CAD Technician CAD Technician Business Manager Senior Admin Office Admin $93.91 $82.73 $49.00 $62.00 $46.00 $37.69 $85.78 $54.00 $45.00 $61.00 $47.00 $59.39 $45.34 $41.00 $58.52 $44.00 $34.00 Hours Totals Task 1 Project Management 1.1 Continuous Project Management 8 8 20 8 8 52 $ 3,393.29 Task Total 8 8 0 20 0 0 0 0 0 0 0 0 0 0 8 0 8 52 $ 3,393.29 Task 2 Preliminary Design 2.1 Prepare Basemaps 20 16 16 8 12 40 112 $ 4,978.26 2.2 Prepare 30% Plans 40 4 40 40 40 164 $ 7,369.20 2.3 Prepare 30% Construction Cost Estimate 32 8 12 12 64 $ 3,068.28 Task Total 0 0 92 12 68 68 0 0 0 0 0 8 52 40 0 0 0 340 $ 15,415.74 Task 3 Final Design 3.1 90% and Final Plans 60 16 60 60 24 8 8 20 32 288 $ 14,118.92 3.2 90% and Final Construction Cost Estimate 32 16 16 16 80 $ 3,899.04 3.3 90% and Final Contract Specifications 40 40 80 $ 4,440.00 3.4 QA/QC Review of 90% submittal 8 12 20 40 16 96 $ 6,176.04 Task Total 8 12 132 92 76 76 24 8 8 40 16 0 20 0 0 32 0 544 $ 28,634.00 Task 4 Bid Period Services 4.1 Project Advertisement, Bid Tabulation, Bid Review, Reccomendation of Award Letter 2 8 4 2 16 32 $ 1,701.82 Task Total 2 0 8 4 0 0 0 0 0 2 16 0 0 0 0 0 0 32 $ 1,701.82 Total Labor Hours and Fee 18 20 232 128 144 144 24 8 8 42 32 8 72 40 8 32 8 968 $ 49,144.84 ICR Overhead @ 1 7193% = $ 84,494.73 Fixed Fee @ 30% = $ 14,743.45 Total KPG Psomas (DL + OH + Fixed Fee) = $ 148,383.03 Subconsultants Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 500.00 Reproduction Allowance $ 500.00 Total Reimbursable Expense $ 1,000.00 Total Estimated Budget $ 149,383.03 01 CITY OF TUKWILA - 2024 OVERLAY CANDIDATES RIVERTON NEIGHBORHOOD ti PCI UNDER 50 PCI UNDER 55 SUGGESTED KPG PS OMAS Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 Tacoma I Wenatchee I KPG.com m CITY OF TUKWILA - 2024 OVERLAY CANDIDATES <:\PROJECTS\TUKWILA\_Tukwila Pavement Management\Pavement Management\Tukwila Marketing Maps — RivertonMcMicken.dwg 9/11/2023 11:36 AM S154ST 01co U) CA I— S 154 Q S 160 ST cp cD v Q� c„I N) D P1 (i) .73 2) D • c CA U) CO I— U) GO S C) 46 s S -P -D 1- 40 S 156 ST ST 01 D D rP1 71 U) S 164 ST D < 71 U) / D < (xP1 (/) cnt U) 5 160 158 ST ST \ > U) S S D rn U) S 166 ST 68 ST JIJLJ L 'k CA )\VMNbd d31N]GH1floS O C7 OD C( 0 TO WILA S 151 PL S 153 ST N D S 153 ST B0ID 01 in PARKWAY EVANS LACK DR BAKER BLVD 1. STRANDER BLVD CORPORATE DRIVE N CORPORATE DRIVE S TRECK DR MINK ER MCMICKEN NEIGHBORHOOD PCI UNDER 50 PCI UNDER 55 SUGGESTED KPG PSOMAS Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 Tacoma I Wenatchee I KPG.com COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/23/23 JR ITEM INFORMATION ITEM NO. Spec 2.C. STAFF SPONSOR: CATRIEN DE BOER ORIGINAL AGENDA DATE: 10/23/23 AGENDA ITEM TITLE Landslide FEMA Risk Assessment and Management Phase I FY 2023 Cooperating Technical Partners Grant Award Acceptance CATEGORY ❑ Discussion Mtg Date Motion Date 10/23/23 ❑ Resolution AugtDate ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire TS P&R ❑Police Pr ❑Court SPONSOR'S In June 2023, staff applied to the CTP program to fund a landslide analysis for the City of SUMMARY Tukwila. The City of Tukwila was notified on September 27th, 2023, that we received the full grant award for $150,000. This project will build upon the state and county landslide information to identify landslide hazards and provide an understanding of risks. Council is being asked to accept a FEMA Cooperating Technical Partners program grant award for the Landslide Risk Assessment and Management Phase I in the amount of $150,000. REVIEWED BY r Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dcv. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 10/16/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to the Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDTI'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $150,000.00 $0.00 $0.00 Fund Source: GRANT AWARD Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/23/23 Informational Memorandum dated 10/13/23 FEMA CTP Grant Award Letter Minutes from TIS Committee meeting of 10/16/23 (distributed separately) 157 158 City of Tukwila Allan Ekberg, Mayor Public Works Department - Had Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director BY: Catrien de Boer, Public Works Analyst CC: Mayor Ekberg DATE: October 16th, 2023 SUBJECT: Landslide Risk Assessment and Management Phase I FEMA FY 2023 Cooperating Technical Partners Grant Award Acceptance ISSUE Accept a Federal Emergency Management Agency (FEMA) Cooperating Technical Partners (CTP) program grant award for $150,000 to fund Landslide Risk Assessment and Management Phase I. BACKGROUND In June 2023, Staff applied to the CTP program to fund a landslide analysis for the City of Tukwila. The CTP program supports efforts to strengthen national preparedness and resilience, one of the main goals of the U.S. Department of Homeland Security (DHS) Strategic Plan. The program funds projects that identify risks, reduce losses, and promote community resilience. DISCUSSION The City of Tukwila was notified on September 27th, 2023 that we received the full grant award for $150,000. This project will build upon the state and county landslide information to identify landslide hazards and provide an understanding of comprehensive risks within the City of Tukwila, with the goals of reducing property damage and life loss from landslides. The City plans to hire a consultant to complete this work. All information will be compiled in a GIS layer and will be included in a report summarizing findings, recommendations, and areas requiring further study and field work to be completed in Phase II. Staff will seek future grant opportunities to fund Phase II. FINANCIAL IMPACT The City has been awarded $150,000 from the CTP program. No match is required. Cost Estimate CTP Grant Award $150,000 Total $150,000 RECOMMENDATION Council is being asked to accept a FEMA Cooperating Technical Partners (CTP) program grant award for the Landslide Risk Assessment and Management Phase I in the amount of $150,000 and consider this item on the Consent Agenda at the October 23rd, Special Council Meeting. Attachment: FEMA CTP Grant Award Letter 159 160 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 09/27/2023 FEMA Bao Trinh CITY OF TUKWILA 6200 SOUTHCENTER BLVD TUKWILA, WA 98188 EMS-2023-CA-05008 Dear Bao Trinh, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year 2023 Cooperating Technical Partners (CTP) Program- Regional, has been approved in the amount of $150,000.00 in Federal funding. This award of federal assistance is executed as a Cooperative Agreement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Award Summary - included in this document • Agreement Articles - included in this document • Obligating Document - included in this document • FY23 Notice of Funding Opportunity (by reference); Scopes of Work/Mapping Activity Statement Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, L lAta 161 Patrick Marcham Grant Programs Division Director 162 Award Summary Program: Fiscal Year 2023 Cooperating Technical Partners Recipient: CITY OF TUKWILA UEI-EFT: UEQNMC26C8T3 DUNS number: 010207504 Award number: EMS-2023-CA-05008 Summary description of award The Cooperating Technical Partners (CTP) Program exists to strengthen and enhance the effectiveness of the National Flood Insurance Program (NFIP). The CTP Program supports efforts to Strengthen National Preparedness and Resilience, one of the main goals of the DHS 2020-2024 DHS Strategic Plan. Additionally, the program supports the National Mitigation Investment Strategy, a supporting document to Presidential Policy Directive (PPD-8) on National Preparedness and Strategic Goal One and Two of FEMA's Strategic Plan, Building a Culture of Preparedness and Readying the Nation for Catastrophic Disaster. It helps achieve these goals by fostering strong federal, state, tribal, regional and local partnerships to identify flood risks, reduce flood losses and promote community resiliency. The objectives of the CTP Program are to primarily support the mission and objectives of the NFIP's Flood Hazard Mapping Program through FEMA's flood hazard identification and risk assessment programs, including the Risk Mapping, Assessment and Planning (Risk MAP) initiative. The vision for Risk MAP is to deliver quality data that increases public awareness of flood hazard risk and leads to action that reduces flood risk to life and property. The CTP supports Risk MAP to develop flood hazard data and maps for communities that have never had identified risks as well as building on effective flood hazard data and flood insurance rate maps (FIRMS); increase public awareness of risk and potential mitigation options to reduce risk and better inform mitigation planning. Additional information about Risk MAP (including goals, strategies, progress and success stories), can be found on FEMA's website at Risk Mapping, Assessment and Planning (Risk MAP) 1 FEMA.gov. For additional information on the CTP Program, please visit the CTP Program website located at Cooperating Technical Partners Program FEMA.gov. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): 163 Object Class Total Personnel $14,834.00 Fringe benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $135,166.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $150,000.00 Non-federal $0.00 Total $150,000.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 CA NOFO. Approved request details: Project 164 Contractual DESCRIPTION Engage a consultant to compile landslide data. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $135,166.00 $135,166.00 Contractual Personnel DESCRIPTION Grant administration and project management by City staff. Cost 1 QUANTITY UNIT PRICE TOTAL BUDGET CLASS 1 $14,834.00 $14,834.00 Personnel CHANGE FROM APPLICATION Unit price from $14,833.57 to $14,834.00 JUSTIFICATION Rounded up to eliminate pennies Of the total Federal funds, $150000.00 has been placed on hold. See the following terms in the Agreement Articles for more details: Article number Title Payment hold Article 52 Funding Hold: Additional Information Required $150000.00 165 Agreement Articles Program: Fiscal Year 2023 Cooperating Technical Partners Recipient: CITY OF TUKWILA UEI-EFT: UEQNMC26C8T3 DUNS number: 010207504 Award number: EMS-2023-CA-05008 Table of contents 166 ArticleAssurances, Administrative Requirements, Cost Principles, Representations and 1 Certifications ArticleGeneral Acknowledgements and Assurances 2 ArticleAcknowledgement of Federal Funding from DHS 3 ArticleActivities Conducted Abroad 4 ArticleAge Discrimination Act of 1975 5 ArticleAmericans with Disabilities Act of 1990 6 ArticleBest Practices for Collection and Use of Personally Identifiable Information 7 ArticleCivil Rights Act of 1964 — Title VI 8 ArticleCivil Rights Act of 1968 9 ArticleCopyright 10 ArticleDebarment and Suspension 11 ArticleDrug-Free Workplace Regulations 12 ArticleDuplication of Benefits 13 ArticleEducation Amendments of 1972 (Equal Opportunity in Education Act) — Title IX 14 ArticleE.O. 14074 — Advancing Effective, Accountable Policing and Criminal Justice 15 Practices to Enhance Public Trust and Public Safety ArticleEnergy Policy and Conservation Act 16 ArticleFalse Claims Act and Program Fraud Civil Remedies 17 Article Federal Debt Status 18 ArticleFederal Leadership on Reducing Text Messaging while Driving 19 ArticleFly America Act of 1974 20 ArticleHotel and Motel Fire Safety Act of 1990 21 ArticleJohn S. McCain National Defense Authorization Act of Fiscal Year 2019 22 ArticleLimited English Proficiency (Civil Rights Act of 1964, Title VI) 23 ArticleLobbying Prohibitions 24 ArticleNational Environmental Policy Act 25 167 ArticleNondiscrimination in Matters Pertaining to Faith -Based Organizations 26 ArticleNon-Supplanting Requirement 27 ArticleNotice of Funding Opportunity Requirements 28 ArticlePatents and Intellectual Property Rights 29 ArticleProcurement of Recovered Materials 30 ArticleRehabilitation Act of 1973 31 ArticleReporting of Matters Related to Recipient Integrity and Performance 32 ArticleReporting Subawards and Executive Compensation 33 ArticleRequired Use of American Iron, Steel, Manufactured Products, and Construction 34 Materials ArticleSAFECOM 35 ArticleTerrorist Financing 36 ArticleTrafficking Victims Protection Act of 2000 (TVPA) 37 ArticleUniversal Identifier and System of Award Management 38 Article USA PATRIOT Act of 2001 39 ArticleUse of DHS Seal, Logo and Flags 40 ArticleWhistleblower Protection Act 41 ArticleEnvironmental Planning and Historic Preservation (EHP) Review 42 ArticleApplicability of DHS Standard Terms and Conditions to Tribes 43 ArticleAcceptance of Post Award Changes 44 ArticleDisposition of Equipment Acquired Under the Federal Award 45 ArticlePrior Approval for Modification of Approved Budget 46 Articlelndirect Cost Rate 47 ArticlePerformance Measure Requirements 48 ArticleData Entry in the Mapping Information Platform (MIP) 49 ArticleQuality Assurance and Control 50 168 Article Exceptions to tasks not able to be conducted or tracked in the MIP 51 ArticleFunding Hold: Additional Information Required 52 ArticleAttachments incorporated into the grant agreement (Financial) 53 ArticleProcurement Compliance 54 169 170 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non - Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. 171 Article 2 Article 3 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 172 Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) 173 Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Article 13 Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. 174 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 E.O. 14074 — Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.) Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 175 Article 21 Article 22 Article 23 Article 24 Article 25 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported -organizations -provide -meaningful -access -people - limited and additional resources on http://www.lep.gov. Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans 176 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 177 Article 32 Article 33 Article 34 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients must comply with the "Build America, Buy America" provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the 178 application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the "Build America, Buy America" provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process. Article 35 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 36 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 38 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. 179 Article 39 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Article 40 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 41 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. 180 Article 43 Article 44 Article 45 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub -recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions. Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state sub -recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub -recipients must follow the disposition requirements in accordance with state laws and procedures. 181 Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 47 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 48 Performance Measure Requirements The CTP program supports the mission and objectives of the NFIP's Flood Hazard Mapping Program through FEMA's flood hazard identification and risk assessment programs, including the Risk Mapping, Assessment and Planning (Risk MAP) initiative. The vision for Risk MAP is to deliver quality data that increases public awareness of flood hazard risk and leads to action that reduces flood risk to life and property. The CTP supports Risk MAP by developing flood hazard data and maps for communities that have never had identified risks as well as building on effective flood hazard data and flood insurance rate maps (FIRMS); increasing public awareness of risk and supporting potential mitigation options to reduce risk and better inform mitigation planning. The recipient will identify performance measures based on Appendix D: Performance Measure References of the NOFO. FEMA measures the recipient's performance of the cooperative agreement by comparing the input of federal resources used to develop and deliver the Allowable Activities selected for implementation by the recipient, and the specific outcomes and performance measures detailed in the recipient's scopes of work based on the NOFO (as set forth in this agreement). This ensures that grants recipients deliver on the timeliness, adherence to standards, fiscal responsibility and quality issues associated with projects. 182 Article 49 Data Entry in the Mapping Information Platform (MIP) Recipients must meet certain performance progress standards based on the anticipated and actual cost and schedule of a particular project, as documented in the Mapping Activity Statement (MAS) and/or Scope of Work (SOW). The MIP was developed in part to track the earned value of mapping projects, which represents one of the performance standards (outlined in Section F: Federal Award Administration Information of this FY 2022 CTP NOFO) to which a recipient must adhere. This information is automatically calculated by the MIP, using the actual cost and schedule of work performed, or "actuals", and comparing them to the expected cost and schedule of work performed, or "baseline." In order to receive access to the MIP and other Risk Analysis Management Systems, the CTP must have an executed active Information Sharing Access Agreement (ISAA). Once FEMA has issued a cooperative agreement, the baseline for the project will be established in the MIP using the cost and schedule information for each task as agreed upon by FEMA and the recipient. The MIP study workflow generally allows a mapping partner to enter data on the status of these projects at a task level. The cost and schedule information, updated monthly by the recipient for each task, is compared to the baseline established for those tasks. This information is rolled up on a project level basis and monitored by FEMA to assess progress and earned value. The Cost Performance Index (CPI) and the Schedule Performance Index (SPI) in MIP will be used to monitor a recipient's earned value performance and to determine future funding eligibility. Recipients must adhere to the performance requirements by maintaining a 0.92 score for both CPI and SPI. The recipient is required to report on the earned value of projects that are in the MIP on a monthly basis and must give explanations for variances outside of the tolerance defined above. FEMA Regional Offices must implement a Corrective Action Plan (CAP) when a CTP partner is outside of the tolerance for reasons other than third -party delay. A CAP must define the reason for the variance and the intended resolution. FEMA Regional Offices must coordinate with FEMA Headquarters when CAPs are developed. 183 Article 50 Quality Assurance and Control Recipients will coordinate with FEMA to maintain quality assurance and control of deliverables and ensure accountability for appropriate use of CTP Program funds. Recipients are required to develop and provide a quality assurance and control management plan or other performance documentation as described and agreed to in the MAS and/or SOW. All work must meet the requirements as defined by FEMA's Standards for Flood Risk Analysis and Mapping, Revision 13, dated January 2023 located on FEMA's website at https://www.fema.gov/flood-maps/guidance-reports/guidelines- standards/standards-flood-risk-analysis-and-mapping-public-review. Additional information, along with links to guidance documents, technical references, templates, and other resources that support these standards, may be found on the FEMA Guidelines and Standards website at https://www.fema.gov/guidelines-and-standards-flood-risk-analysis-and- mapping, and are also provided and updated through FEMA's Knowledge Sharing Site (https://rmd.msc.fema.gov/kss/SitePages/Home.aspx). FEMA is in the process of updating existing guidance. In the meantime, recipients may refer to historical documents for assistance. Additionally, recipients and their sub recipients must comply with all applicable federal regulations, including Title 2 Code of Federal Regulations Part 200. Recipients shall also coordinate with their Regional Office to determine additional standards that should be met. To ensure compliance with quality standards and performance metrics, FEMA may require the recipient to use the reimbursement method of payment. Where FEMA determines it necessary to do so, payments will be placed on hold in PARS until progress reports are current and FEMA has confirmed deliverables comply with National Quality Standards. 184 Article 51 Exceptions to tasks not able to be conducted or tracked in the MIP a) Letter of Map Revision Review Cost information is not available within the MIP for activities within the Revisions workflow for processing Letter of Map Revision (LOMR) requests under the LOMR Review MAS. However, schedule information in the form of reports showing case status and other performance requirements is available through the MIP. For partners participating in the LOMR Review activity, status reports must be submitted on a monthly basis, at a minimum. Cost and schedule performance measures must be defined and reported on a quarterly basis. LOMR Review recipients should coordinate with the FEMA Regional and HQ Project Officer to develop appropriate performance measures which will be used to monitor partner performance and determine future funding eligibility are identified in the MAS/SOW. b) Program Management As program management tasks may not be tracked with earned value calculations in the MIP, cost and schedule performance measures must be defined and documented in the SOW. These measures must be reported quarterly and will be used to monitor the recipient's performance and to determine future funding eligibility. At such time as program management tasks are added to the MIP, the recipient will need to begin tracking the tasks within the MIP. c) Special Projects As special projects are not conducted in the MIP, cost, and schedule performance measures must be defined and documented in the SOW or MAS. These measures must be reported quarterly and will be used to monitor the recipient's performance and to determine future funding eligibility. Article 52 Funding Hold: Additional Information Required FEMA has placed a funding hold on this award, and $150,000.00 is on hold in the FEMA financial systems. Until the hold is released, the recipient obligating, expending, or drawing down the federal funds identified in this Article. To release this hold, additional information is required for the project/investment identified below. Please contact the relevant Preparedness Officer or Grants Management Specialist to receive further guidance on the steps required to release this hold. • Project/Investment # EMS-2023-CA-05008 - Project Landslide and Steep Slopes Assessment : $150,000.00, This hold will remain in effect until the recipient submits the Accounting System and Financial Capability Pre -Award Assessment Review form (Capability Questionnaire) and the assigned Grants Management Specialist reviews and approves it in compliance with 2 CFR 200.206.. If you believe this funding hold was placed in error, please contact the relevant Preparedness Officer or Grants Management Specialist. Article 53 Attachments incorporated into the grant agreement (Financial) The FEMA NEPA Programmatic and Categorical Exclusion is incorporated into the binding agreement creating this cooperative agreement and award of Federal funds. 185 Article 54 Procurement Compliance All FEMA grant programs are subject to the federal procurement rules found at 2 C.F.R. §§ 200.317 - 200.327, including the following: 2 C.F.R. §200.318(c) (1). The non -Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. Non-federal entities must maintain written standards outlining the procurement requirements. 2 C.F.R. § 200.319(b). To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft design plans and specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. A FEMA Fact Sheet has been developed for Non -State Entities, Purchasing Under a FEMA Award: Common Mistakes to Avoid by Non -State Entities, and State Entities, Purchasing Under a FEMA Award: State Entities. All Non -State Entities must comply with 2 C.F.R. §§ 200.318-200.327. All State Entities must comply with 2 C.F.R. §§ 200.317, 200.321, 200.322, 200.323, and 200.327. In the case of noncompliance with the federal procurement rules, FEMA may apply a remedy, as appropriate, in accordance with its authorities found at 2 C.F.R. § 200.339 Remedies for Noncompliance. 186 Obligating document 1. Agreement No. EMS-2023-CA- 05008 2. Amendment No. N/A 3. Recipient No. 916001519 4. Type Action AWARD of 5. Control No. SX00390N2023T- 001 1 6. Recipient Name and Address CITY OF TUKWILA 6200 SOUTHCENTER BLVD TUKWILA, WA 98188 7. Issuing FEMA Office and Address FEMA Region X 130 228th Street, S.W. Bothell, Washington 98021- 9796 425-487-4600 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient Project Officer Bao Trinh 9a. Phone No. 2064547572 L 10. Name of FEMA Project Coordinator Cooperating Technical Partners Grant Program 10a. Phone No. 1-877-585- 3242 11. Effective Date of This Action 09/27/2023 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 09/27/2023 to 10/26/2025 Budget Period 09/27/2023 to 10/26/2025 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Name Abbreviation Assistance Listing No. Accounting Data (ACCS Code) Prior Total Award Amount Awarded ThiActionTotal + ors (-) Current Award $150,000.00 Cumulative Non -Federal Commitment CTP 97.045 2023-FX- GL05 - R102-xxxx- 4101-D $0.00 $150,000.00 See Totals Totals $0.00 $150,000.00 $150,000.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 1r_.FOR NON DISA TER PROGRnMSRECIPTETIS REQUIRED TO SIGN AND RETURN THREE COPIES OF THIS DOCUMENT TO FEMA Block 7 for (3) (Scc address) This field is not applicable for digitally signed grant agreements 187 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) Patrick Marcham, Grant Programs Division Director DATE 09/27/2023 188 UPCOMING MEETINGS AND EVENTS OCTOBER - NOVEMBER 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. OCT 23 MON OCT 24 TUE OCT 25 WED OCT 26 THU OCT 27 FRI OCT 28 SAT ➢ Community Services and Safety Committee 5:30 PM City Hall — Hazelnut Room Hybrid Meeting ➢ Finance and Governance Committee 5:30 PM 6300 Building — Suite 100 Foster Conference Room Hybrid Meeting > City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to follow Committee of the Whole Meeting. f FALL CARNIVAL FREE entry with music, food and lots of fun! Bring your friends, dress up in your best costume and join us for a ofcarnival l igames, nightCrystal activities and good time! Fun for all ages! 6:00 PM — 8:00 PM Tukwila Community Center 12424 42ntl Ave S >Planning Commission 6:30 PM Hybrid Meeting GREEN) TUKWILA KWILA RSHIP PLANTING AT CRYSTAL SPRINGS PARK Join Forest Stewards on a day of planting. 10:00 AM —1:00 PM Springs Park 15832 51e Ave S Click here to register. Tukwila Village Farmers Market Come buy fresh produce grown by refugees and immigrants in our community. 3:00 PM — 6:00 PM FINAL DAY Tukwila Village Plaza 14350 Tukwila Intl Blvd >Arts Commission 6:00 PM Hybrid Meeting OCT 29 SUN I HF MUSEUM OF FLIGHT MUSEUM OF FRIGHT Kids 17 and under wearing a costume will receive FREE Museum admission for the day! Event has special games and activities. 10:00 AM — 3:00 PM 9404 E Marginal Way S Click here for information. OCT30 MON OCT31 TUE NOV1 WED NOV2 THU NOV3 FRI NOV4 SAT °Qo No Council or Committee meetings due to the 5. Monday. Vil King County Elections Deadline to register or update your registration information (ie. new address) online or by mail for the Nov 7 Election. Click here for information. King County Elections 919 SW Grady Way, Renton Click here to know the Tukwila candidates for Mayor and Council positions. Give Blood = Save 3 Lives ® .... o� (� DONATE BLOOD AND ENTER TO WIN A LAS VEGAS TRIP TO SEE CARRIE UNDERWOOD SHOW! It takes 1,000 donors a day to sustain a blood supply for patients in our community. Click here to schedule an appointment. Or call 1-800-398-7888. ➢Equity and Social Justice Commission 5:30 PM Hybrid Meeting TSOUNDTRANSIT COMPLETE THE SURVEY TO WIN UP TO $250 Take Sound Transit's 15-minute passenger experience survey and win up to $250! Your inputwi Sound Trransitttooprioritize efforts to provide a better passenger experience. Other languages are available. Survey ends on Nov 22. Click here for the survey. 4, American Red Cross FREE SMOKE ALARMS AND INSTALLATION Service provided to those who cannot afford to purchase smoke alarms or are physically unable to install a smoke alarm. For more information or request FREE smoke alarms, call 1-833-918-1531. Click here for information. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM — 4:00 PM '8 wss FREE CRIME PREVENTION SURVEY FOR BUSINESSES TO ENHANCE SECURITY o c Police Community Engagement Coordinator will visit your business to conduct a security assessment and recommend making your business more secure. Allow so up to 2 weeks for an appointment date confirmation. Click here to make an appointment. 1AOR FREE TEEN OPEN GYM VOLLEYBALL MONDAYS 6:15 PM — 8:15 PM TUKWILA COMMUNITY CENTER Free open gym for middle and high school students. For more information, email Sports@tukwilawa.gov or call 206-768-2822. NOV 7 ELECTION VOTERS GUIDE VIDEO See video to know the candidates for the Mayor and Council positions in the upcoming Nov 7 Election. Click here for information. FOOD BANK OPENS: TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:30 PM 3118 S 140TH ST, TUKWILA e"' VOLUNTEERS — In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. ewv1 DONORS —Please donate at tukwilapantry.org/please-donate/. Donations can be dropped off on Tuesday -Saturday from 8 AM —11 AM or by appointment. DONATIONS NEEDED: Gently used or new winter clothing, hats, gloves and shoes, sleeping bags, blankets, towels and other essentials to serve a large number of families awaiting housing assistance. Drop-off at Riverton Park Methodist Church / Tukwila Pantry - 3118 S 140'h St. STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!VI SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. hr"� 9 Y p VOLUNTEERS NEEDED ON WEDNESDAYS. Pack snacks every Wednesday at 9:30 AM. -- To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District. Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. r h , , 'Iu 5 ® '® FREE ONLINE TUTORING AND HOMEWORK HELP FOR GRADES K THRU 12 Use a computer, tablet, smartphone or home phone to connect with tutors by phone or on Zoom. Click here for information. LIBRARY READ LATEST ISSUES OF POPULAR MAGAZINES SYSTEM Borrow as many as you like. Download the Libby App or log into OverDrive to start reading. Click here for information. FUN ACTIVITIES AND OTHER EVENTS AT TUKWILA LIBRARY Tukwila Library offers many resources and services. Click here for information. STREAM MOVIES FOR FREE! Use your KCLS library card to stream thousands of movies for free! Watch indie films, world cinema, documentaries and more on Kanopy. Sign in with your library card to start watching. Click here for more information. FREE MUSEUM AND PARK PASSES Enjoy local art, parks, culture, history and science museums for FREE with your library card! Click here for more information. En espanol rpXlifx 189 190 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. OCTOBER 2 See below link for the agenda packet to view the agenda items: October 2, 2023 Regular Meeting OCTOBER 9 See below link for the agenda packet to view the agenda items: October 9, 2023 Committee of the Whole Meeting OCTOBER 16 See below link for the agenda packet to view the agenda items: OCTOBER 23 See below link for the agenda packet to view the agenda items: October 23, 2023 Committee of the Whole / Special Meeting 191 Tentative Agenda Schedule MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. NOVEMBER 6 NOVEMBER 13 NOVEMBER 20 NOVEMBER 27 CONSENT AGENDA PUBLIC HEARING CONSENT AGENDA SPECIAL ISSUES Updating Term end dates for Boards and Commissions: - Tax Levy Legislation: - Authorize the Mayor to - Contract for Tukwila (1) An ordinance amending various ordinances as codified in Tukwila Municipal (1) An ordinance levying sign a contract for GCCM Community Center Code Title 2, "Administration and Personnel," to modify term end dates. the general taxes for (General Contractor / Business Plan and (2) An ordinance amending Ordinance No. 2534 §4 and §6, as codified at Tukwila Municipal Code Sections 2.36.020 and 2.36.040, to modify term end the City commencing Construction Management) Recreation Programming. dates and update meeting regulations in compliance with RCW 35.63.040. 1/1/2024. Services for the Public - Community Health and (2) An ordinance increasing Works Operations Campus Wellness Center Project PUBLIC HEARINGS — QUASI-JUDICIAL the regular levy Phase 2. update. 2023 Proposed Site -Specific Rezones: commencing 1/1/2024. - An ordinance designating - Amendment to Business - George Long Property: - An ordinance amending Puget Sound Fire as the & Occupation Tax (1) A motion to read the ordinance by title only. the 2023-2024 Biennial Fire Chief and Fire Marshal Ordinance. (2) A motion to approve or deny an ordinance rezoning a portion of the city- owned George Long property at 14000 Interurban Ave at the request of Budget. for the City of Tukwila. - Authorize the Mayor to the City of Tukwila from Low Density Residential (LDR) to Commercial/Light Industrial (CLI), to include the associated Comprehensive Plan and Zoning SPECIAL ISSUES sign an amendment to the Map changes. - Tax Levy Legislation: Interlocal Agreement with - Property East of Terra Apartments: (1) A motion to read the ordinance by title only. (1) An ordinance levying the general taxes for Puget Sound Fire. (2) A motion to approve OR deny an ordinance moving the Medium Density the City commencing UNFINISHED BUSINESS Residential (MDR)/Low Density Residential (LDR) boundary to follow the 1/1/2024. - Tax Levy Legislation: proposed boundary line adjustment at 6250 South 153rd Street for the (2) An ordinance increasing (1) An ordinance levying the property East of Terra Apartments, to include the associated the regular levy general taxes for the Comprehensive Plan and Zoning Map changes, at the request of the commencing 1/1/2024. City commencing applicant, Izabella Henry of Chadwick & Winters Land Surveying.- An ordinance amending 1/1/2024. - Kovach: (1) A motion to read the ordinance by title only. the 2023-2024 Biennial (2) An ordinance increasing (2) A motion to approve or deny an ordinance rezoning property at 13536 Budget. the regular levy 52nd Ave 5 from Low Density Residential (LDR) to High Density Residential - Contract for Investment commencing 1/1/2024. (HDR), to include the associated Comprehensive Plan and Zoning Map Grade Audit for Tukwila - An ordinance amending changes, at the request of the applicant, Andrew Kovach of Kovach Community Center HVAC the 2023-2024 Biennial Architects. Replacement project. Budget. - Schneider Homes: - Economic Development - Contract for Investment (1) A motion to read the ordinance by title only. Strategy. Grade Audit for Tukwila (2) A motion to approve or deny an ordinance rezoning property at 6250 South 151st Street from Low Density Residential (LDR) to Medium Density - Foster Golf Links Business Community Center HVAC Residential (MDR), to include the associated Comprehensive Plan and Zoning Plan. Replacement project. Map changes, at the request of Hans Korve of DMP Incorporated on behalf of the applicant, Schneider Homes. UNFINISHED BUSINESS 2023 Proposed Site -Specific Rezones: - George Long Property: - A resolution fixing the time for a public hearing for vacation of right-of-way within the City of Tukwila dedicated for street purposes (35th Avenue (1) A motion to read the ordinance by title only. South). (2) A motion to approve or deny an ordinance rezoning a portion of the aty- owned George Long property at 14000 Interurban Ave at the request of the City of Tukwila from Low Density Residential (LDR) to Commercial/Light _public Works Operations Campus: Industrial (CLI), to include the associated Comprehensive Plan and Zoning Map changes. (1) Update on Phase 2 project. - Property East of Terra Apartments: (2) GCM Contract Award. (1) A motion to read the ordinance by title only. (2) A motion to approve OR deny an ordinance moving the Medium Density Residential (MDR)/Low Density Residential (LDR) boundary to follow the proposed boundary line adjustment at 6250 South 153rd Street for the property East of Terra Apartments, to include the associated Special Meeting to follow Comprehensive Plan and Zoning Map changes, at the request of the applicant, Izabella Henry of Chadwick & Winters Land Surveying. Committee of the Whole meeting. - Kovach: (1) A motion to read the ordinance by title only. (2) A motion to approve or deny an ordinance rezoning property at 13536 52nd Ave S from Low Density Residential (LDR) to High Density Residential CONSENT AGENDA (HDR), to include the associated Comprehensive Plan and Zoning Map changes, at the request of the applicant, Andrew Kovach of Kovach Architects. - Schneider Homes: (1) A motion to read the ordinance by title only. (2) A motion to approve or deny an ordinance rezoning property at 6250 - A resolution fixing the time for a public hearing for vacation of right-of-way within the City of Tukwila dedicated for street purposes (35th Avenue South 151st Street from Low Density Residential (LDR) to Medium Density South). Residential (MDR), to include the associated Comprehensive Plan and Zoning Map changes, at the request of Hans Korve of DMP Incorporated on behalf of the applicant, Schneider Homes. - Authorize the Mayor to accept a NPDES grant from - Miscellaneous Zoning Code Amendments: Washington State (1) An ordinance amending Ordinance Nos. 1758 §1 (part), 1976 §5, 2098 §1, 2199 §4, and 2581 §1, §11, as codified at various sections of Tukwila Municipal Department of Ecology in the amount of Code (TMC) Titres 17 and 18; repealing Ordinance No. 2581 §12 as codified at $130,000.00. TMC Section 18.50.220, to update accessory dwelling unit regulations in alignment with State law and encourage housing production. (2) An ordinance amending various ordinances as codified in multiple sections of Tukwila Municipal Code (TMC) Chapters 18.80 and 18.84 as detailed herein; repealing Ordinance Nos. 1770 §53 and 2368 §65, as codified at TMC Section 18.80.015; establishing TMC Chapter 18.82, "amendments to development regulations"; to clarify the process for updating the annual comprehensive plan docket and development regulations. (3) An ordinance amending various ordinances as codified in Tukwila Municipal Code (TMC) Title 18, "Zoning," as delineated herein, to incorporate a variety of housekeeping code amendments and parking regulations related to: definitions (TMC Chapter 18.06), Nonconforming lots, structures and uses (TMC chapter 18.70), and permit application types and procedures (TMC chapter 18.104); amending Figure 18-7 and Table 18-6; establishing TMC Section 18.50.240. - Authorize the Mayor to accept the King County Parks Levy Grant in the amount of $280,000.00. 192