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HomeMy WebLinkAboutReg 2009-08-17 COMPLETE AGENDA PACKET6. REPORTS 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Council Agenda REGULAR MEETING Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn EXECUTIVE SESSION 6:30 PM PENDING LITIGATION PURSUANT TO RCW 42.30.110(1)(i) SETTLEMENT AGREEMENT: WATER DISTRICT 125 AND VALLEY VIEW SEWER DISTRICT (30 m in u tes) Monday, August 17, 2009; 7:00 PM Ord #2247 Res #1688 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Introduction of new employees: PRESENTATIONS Adam Balcom and Justin Haggins, Police Officers Ashley Comar, Tourism &Marketing Communications Coordinator b. Tukwila Plein Air Paint Out update; Jacque Carroll, Chairperson c. Human Services and Multi- Service Center Update; Evelyn Boykan, Human Services Managerand Manuela Ginnett, Housing Program Director, Multi Service Center 3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please COMMENT limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Minutes: 8/3/09 (Regular). AGENDA b. Approval of Vouchers. 5. UNFINISHED a. A resolution waiving competitive bidding requirements and authorizing the sole- Pg.1 BUSINESS source purchase of lift station control systems through Calvert Technical Services, Inc. b. Authorize the Mayor to sign a reclaimed water service and use area agreement with Pg.5 Starfire Sports and King County. c. Authorize the Mayor to sign an Interlocal Agreement with the cities of Auburn, Pg.7 Federal Way, Kent, Renton and the Port of Seattle to form the Valley Narcotics Enforcement Team (VNET). d. Briefing on Sign Code update process. Pg.23 a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CAS NUMBER: AGENDA ITEM TITLE Resolution for Sole- Source Purchase of Lift Station Control Systems CATEGORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: ITEM INFORMATION C� 1 J I ORIGINAL AGENDA DATE: AUGUST 10, 2009 Discussion j Motion Resolution Ordinance Bid Award Public Hearing Other EXPENDITURE REQUIRED $0.00 MTG. DATE I 08/10/09 Forward 08/17/09 MTG. DATE 08/10/09 08/17/09 COUNCIL AGENDA SYNOPSIS Meeting Date 08/10/09 08/17/09 Mtg Date 08/10/09 Mtg Date Mtg Dat8/ 1701 Mt Date Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PWI The City currently has 10 sewer lift stations and 5 storm lift stations. Starting in 1995, Public Works converted all alarm functions, pump control logic, radio communication and data logging functions to one specific type of panel for operational consistency at all lift stations. These configurations were built and supported by Calvert Technical Services, Inc. Council is being asked to approve this resolution to authorize the continuation of sole source purchase of the lift station control systems from Calvert Technical Services, Inc. REVIEWED BY COW Mtg. CA &P Cmte El F &S Cmte Transportation Cmte Parks Comm. Planning Comm. Utilities Cmte Arts Comm DATE: 07/28/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Initial! Mayor's revsew I Council revie 1al/A- 1 i ITEM No. 5,a Mtg Date Mtg Date Mtg Date COMMII Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 RECORD OF COUNCIL ACTION to Regular Meeting ATTACHMENTS Informational Memorandum dated 07/14/09 Draft Resolution Minutes from the Utilities Committee meeting of 07/28/09 Resolution in final form City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, WAIVING COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING THE SOLE SOURCE PURCHASE OF LIFT STATION CONTROL SYSTEMS THROUGH CALVERT TECHNICAL SERVICES, INC. WHEREAS, RCW 39.04.280(1)(b) provides for exemption from competitive bidding requirements when purchases are clearly and legitimately limited to a sole source of supply; and WHEREAS, the City's sewer and surface water lift stations are equipped with identical control systems for operational consistency; and and WHEREAS, the City currently has 10 sewer lift stations and 5 storm lift stations; WHEREAS, the City's existing control system consists of lift station control panels built by Calvert Technical Services; and WHEREAS, any panel upgrades should be compatible with the original system to ensure a seamless retrofit with minimal training; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. In accordance with RCW 39.04.280(1)(b), it has been determined that the purchase of the City's lift station upgrades is limited to a sole source. The competitive bidding requirements for the City's purchase of lift station control systems are hereby waived in order to ensure panel upgrade compatibility with the original system and a seamless retrofit with minimal training. Section 2. The Public Works Department is authorized to purchase lift station control systems through Calvert Technical Services, Inc. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Council Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W \Word Processing Resolutions Sole Source Control System Calvert.doc GL:ksn 08/11/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number Page 1of1 CAS NUMBER: SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: EXPENDITURE REQUIRED $0.00 MTG. DATE 08/10/09 08/17/09 MTG. DATE 08/10/09 08/17/09 0q 1 14 COUNCIL AGENDA SYNOPSIS Meeting Date 08/10/09 08/17/09 Forward to Regular Meeting No attachments Initials ITEM No. Mayor's review Council re n G, ITEM INFORMATION ORIGINAL AGENDA DATE: AUGUST 10, 2009 AGENDA ITEM TITLE Reclaimed Water Service and Use Agreement with Starfire Sports CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 08/10/09 Mtg Date 08/17/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW/ Tukwila continues to be on the leading edge of water reuse in King County. This agreement between Starfire Sports, the City and King County is for the sale and distribution of reclaimed water for sanctioned uses within the City. Starfire is seeking to expand their use of reclaimed water for the new north soccer field. The agreement includes a rate structure for potable water at 80% of the Seattle Public Utilities contract base for wholesale potable supplies. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/28/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMTl 1'1E Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUN1 BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 07/21/09 Reclaimed Water Service Use Agreement with Starfire Sports Minutes from the Utilities Committee meeting of 07/28/09 CAS NUMEi1:,R. Fund Source: Comments. MTG. DATE 09- L1 COUNCIL AGENDA SYNOPSIS Initials 1 Meeting Date Prepared by Mayor's review Counul,5•evzgw 08/10/09 MV 1 O 1 1 08/17/09 MV ./(,tat 5, C ITEM INFORMATION ORIG INAU, AGENDA DATE: AUGUST 10, 2009 AGENDA I FEN{ TITLE An Interlocal Agreement for the Valley Narcotics Enforcement Team (VNET) C.\ 19 E,( G c 1 RY Dzscusszon Motion Resolution Ordinance .Bu Award Public Hearing Other Mtg Date 08/10/09 [lltg Date 08/17/09 Mtg Date IvItg Date Mtg Date ]lltg Date Mtg Date 1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPC>NSOR's VNET has been in existence for many years and includes detectives from Auburn, Federal SUMMARY Way, Kent, Renton, Tukwila, and the Port of Seattle. The multi jurisdictional team investigates and enforces mid to high level narcotics crimes. The team is currently functioning with a mutual aid understanding and without an Interlocal agreement. The Council is being asked to consider and approve the attached Interlocal Agreement between the participating agencies. RI •\'IE"x'I?1) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/04/09 RECOMMENDATIONS: SPONSOR /ADMIN Police Department COMMIY17 ":I3 Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI,1N 1'1'URI?RI.:Q IRI ?D AMOUNT BUDGETED 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 1 08/10/09 'Forward to Regular Meeting, to include discussion with City Attorney ATTACHMENTS ITEM No. APPROPRIATION REQUIRED 08/10/09 1 Informational Memorandum dated 07/29/09 Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team Minutes from the Finance and Safety Committee meeting of 8/04/09 08/17/09 IInterlocal Cooperative Agreement for the Valley Narcotics Enforcement Team June 17, 2009 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM I. PARTIES The parties to this agreement are the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle, and Federal Way. The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement Administration (DEA) Task Force. Ii. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties desire to establish and maintain a multi jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. iV. FORMATION There is hereby established a multi jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team "VNET the members of which shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal Way. VNET has been in existence for some time and this Agreement establishes an Inter -local Agreement between the listed jurisdictions. The future admission or elimination of a jurisdiction as a member of VNET may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM The municipalities within the Puget Sound area have experienced an increase in urbanization, and in population densities. The ability to address drug abuse and the crimes associated to controlled substances has stretched the resources of individual police department specialty units. Law enforcement efforts directed at dealing with narcotic issues have, for the most part, been conducted by law enforcement agencies working independently. A multi jurisdictional effort to handle specific and complicated narcotic investigations will result in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization /application of a combined narcotic enforcement team. The results will be improved services for all of the participating entities, increased safety for officers and the community, and improved cost effectiveness. Valley Narcotics Enforcement Team Interlocal Agreement 1 June 17, 2009 VI. TEAM OBJECTIVES The assigned personnel from each participating agency will form a combined investigation team "Team through VNET. Each Police Officer is assigned to the Team via this agreement, and to DEA through individual agreements with DEA. VNET shall also be available to outside law enforcement agencies as outlined under mutual aid and as approved by DEA. The objective of the VNET shall be to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The combined Team or individual detectives shall respond as able and as approved by the DEA Supervisor when requested by any of the participating agencies. VII. DURATION /TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in VNET by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VNET may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. In the event that VNET withdraws its participation in the DEA Task Force, this agreement will remain in effect as VNET operates independently as it has done in the past. VIII. GOVERNANCE The affairs of the VNET shall be governed by an Executive Board whose members are composed of the police chief, or his /her designee, from each participating jurisdiction. A presiding officer shall be elected by the Board to serve as Chair. Each member of the Board shall have an equal vote and voice on ail Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. The Board shall meet monthly, unless otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The Chair shall provide no less than forty -eight (48) hours notice of all meetings to all members of the Board; PROVIDED, however, that in Valley Narcotics Enforcement Team Interlocal Agreement 2 June 17, 2009 emergency situations, the Chair may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. IX. STAFF The following Staff shall serve at the pleasure of the Board. Staff may be removed for any reason by majority vote of the Board. Team Supervisor: A Team Supervisor with the rank of Sergeant or equivalent from his /her respective agency shall be appointed by the Board. The VNET Supervisor shall act as the first level supervisor for the team and shall report directly to the VNET Chair. Office Manager: The VNET Office Manager shall be provided by the City of Kent on a reimbursable basis and shall work under the direction of the Board. The Office Manager reports directly to the Team Supervisor and is responsible for unit accounting, reports, office support, and other duties as appropriate. Attorney: An attorney shall be a member of the Team. The King County Prosecutor's Office shall select and interview candidates and make a recommendation to the Executive Board. The Executive Board will make the selection after considering the recommendation. The attorney will be responsible for reviewing and filing cases, wire orders, search warrants, the prosecution of forfeiture cases, and other services as needed. VNET Detectives: Each agency shall contribute one (1) full -time commissioned officer to the Team. Employees of Contributina Jurisdictions: The personnel assigned to the Team shall be considered an employee of the contributing agency. That agency shall be solely and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual agency. Each agency shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. In cases where the DEA procedures do not apply, each individual will follow the General Orders as specified by the home agency. X. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VNET Detectives. Each jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VNET Detectives. Each jurisdiction shall provide sufficient funds to provide for training of its participating VNET Detectives. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VNET shall be equal to those provided by the other participating jurisdictions. Valley Narcotics Enforcement Team Interlocal Agreement 3 June 17, 2009 The Board shall be responsible for purchasing VNET equipment. Property purchased using VNET funds or forfeited property shall remain the property of the VNET unless the Board transfers it to a participating jurisdiction. The Board will insure a record of the transaction is maintained. The Board must approve any joint capital expenditure for VNET equipment of $1,500.00 or more. Approval for capital expenditures of Tess than $1,500.00 may be authorized by the VNET Chair. XI. FINANCIAL REQUIREMENTS VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent. The VNET operating budget relies primarily on three (3) funding sources: State and Federal Grants, the participating agencies, and the VNET assets forfeited at the state and federal levels. Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. VNET shall prepare a budget each year that estimates the grant funds available, and each participating agency shall provide VNET with the annual cost to assign an officer or other approved personnel to the unit. An agency's annual contribution is then divided by twelve (12) and credited towards the monthly salary and benefits of the agency's participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating agencies of each agencies' expected contribution. The DEA contribution to VNET includes providing office space, storage space, parking, and phone service at no cost. XII. DISTRIBUTION OF SEIZURE FUNDS The VNET Board provides oversight of seized and forfeited assets via the Fiscal Agent. Forfeited assets may be distributed to participating agencies when deemed appropriate by the Board. The Board will endeavor to maintain adequate financial resources to fund ongoing operations of the VNET. XIII. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of the VNET, each participating jurisdiction shall retain sole ownership of the equipment purchased and provided to its participating VNET members. Any assets acquired with joint funds of the VNET shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VNET shall be determined by using Valley Narcotics Enforcement Team Interlocal Agreement 4 June 17, 2009 commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VNET property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VNET at the time of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VNET, but the VNET continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VNET or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VNET upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. b. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and /or written presentation to the Arbitrator in support of its position. c. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the VNET without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VNET actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In VNET Response. In the event that a jurisdiction or its personnel were not involved in the VNET response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular Valley Narcotics Enforcement Team Interlocal Agreement 5 June 17, 2009 jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VNET personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VNET members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. Valley Narcotics Enforcement Team Interlocal Agreement 6 June 17, 2009 F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. The failure of any insurance carrier or self- insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VNET operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VNET action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XVI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XVI. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VNET activities. The lead jurisdiction shall be the jurisdiction within which the VNET response occurred; PROVIDED, that in the event the jurisdiction within which the VNET response occurred did not participate in the VNET response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VNET response originated. In the event that a jurisdiction that was not involved in the VNET response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XVII of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of VNET Supervisor. The VNET Supervisor shall assist the lead jurisdiction in responding to a claim. The VNET Supervisor shall be responsible for gathering all records relating to the VNET response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the VNET response. The VNET Supervisor shall also provide a list of personnel who participated in the response and their contact information. The VNET Supervisor shall deliver all copies of the records to the lead jurisdiction promptly upon request. Valley Narcotics Enforcement Team Interlocal Agreement 7 June 17, 2009 C. Claims of $5,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Supervisor to gather records relating to the VNET response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VNET is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and /or the VNET. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VNET response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VNET and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VNET is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and /or the VNET, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating Valley Narcotics Enforcement Team Interlocal Agreement 8 June 17, 2009 D. Claims over $5,000. jurisdictions with a letter stating the determination and the bases for such determination. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VNET to discuss the claim and to determine the appropriate manner in which to respond and /or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XVII of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VNET to discuss the lawsuit and to determine the appropriate manner within which to respond and /or defend the lawsuit. The Board and persons listed in Section XX of this Agreement shall be notified of the meeting. XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XVII of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XVII of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Valley Narcotics Enforcement Team Interlocal Agreement 9 June 17, 2009 Auburn: Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931 -3030 Auburn Police Chief 101 N. Division Auburn, WA 98001 (253) 931 -3080 Auburn Human Resources Director /Risk Manager 25 West Main Street Auburn, WA 98001 (253) 931 -3040 Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931 -3039 Port of Seattle: Port of Seattle Claims Manager P.O. Box 1209 Seattle, WA 98111 Valley Narcotics Enforcement Team lnterlocal Agreement 10 Kent: CIAW: Kent City Attorney 220 4 th Avenue South Kent, WA 98032 (253) 856 -5781 Kent Risk Manager 220 4 th Avenue South Kent, WA 98032 (253) 856 -5285 Kent City Clerk 220 4 th Avenue South Kent, WA 98032 (253) 856 -5728 Kent Police Chief 220 4 th Avenue South Kent, WA 98032 (253) 856 -5888 Federal Way: Federal Way City Clerk P.O. Box 9718 Federal Way, WA 98063 Federal Way City Attorney P.O. Box 9718 Federal Way, WA 98063 Renton: Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 Director of Claims Canfield Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 June 17, 2009 Tukwila: City Clerk City of Tukwila 6200 .Southcenter Blvd. Tukwila, WA 98043 WCIA: Claims Manager WCIA P.O. Box Qlb -ri&K.wttex, vJA ciet3e. XIX. COMPLIANCE WITH THE LAW The VNET and all its members shall comply with all federal, state, and local laws that apply to the VNET. XX. ALTERATIONS This agreement may be modified, amended, or altered by agreement of all participating agencies and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. It is recognized that during the course of operations, it may become necessary to alter the terms of this Agreement to provide for efficient operation of the VNET and to meet the goals of the VNET. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of the VNET. To that end, the jurisdictions agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the jurisdictions on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. XXI. RECORDS Each agency shall maintain records relating to work performed by its employees assigned to the VNET when operating outside DEA operations. The VNET office manager shall maintain records relating to the operation of the VNET to the extent required by law. All records shall be available for full inspection and copying by each participating jurisdiction. XXII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXIII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XXIV. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution Valley Narcotics Enforcement Team Interlocal Agreement 11 June 17, 2009 or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. Valley Narcotics Enforcement Team Interlocal Agreement 12 June 17, 2009 By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn City Clerk, City of Auburn Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Mayor, City of Renton City Clerk, City of Renton Date Mayor, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Auburn Date Date City Attorney, City of Renton Date Dc e i, Cit of Tukwila Date Date City Attorney, City of Kent Date City Clerk, City of Kent Date Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date Valley Narcotics Enforcement Team Interlocal Agreement 13 CAS N LIMN R: Meetin Date 08/17/09 Prepared by 1 Mayor review BM I A-A-6- ITEM INFORMATION 1 ORIGIN \LAGENDA DATE: AUGUST 17, 2009 Au :N[1\ I'rl .nr TITLE Briefing on Sign Code Update Process C 1'1(;( )RY Discussion Motion Resolution Ordinance Bad Award Public Heanng Other Mtg Date 08/17/09 Mtg Date Mtg Date Mtg Date A1tg Date Mtg Date tlltg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PYR Police PW SIk)NSOR's The Sign Code Advisory Committee has completed its work on the sign code update. The SL'MNI.\R\' next phase of the update process will be review by the Planning Commission and City Council. Staff will provide a briefing to the City Council on the public participation completed to date and remaining opportunities for public participation. The Council President and the Chair of the Community Affairs and Parks Committee have determined this matter should go directly to the full Council for discussion. RI IEWEI) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. RECOMMENDATIONS: SPONSOR /ADMIN Department of Community Development Cc )i\1 vlrrrr.I Fund Source: Continents: 1 MTG. DATE 8/17/09 ExPI :NDITURF, RI?QUIR[;D MTG. DATE 8/17/09 COUNCIL AGENDA SYNOPSIS Inaua/s COST IMPACT FUND SOURCE AMOUNT BUDGETED Council review RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 8/10/09 Letter to parties of record ITEM NO. c2( APPROPRIATION REQUIRED City of Tukwila TO Mayor Haggerton City Council BACKGROUND INFORMATIONAL MEMORANDUM FROM: Jack Pace, Director Brandon J. Miles, Senior Planner DATE: August 10, 2009 SUBJECT: Sign Code Update: Next Steps ISSUE In addition to the Committee's work, staff also attempted to open a dialogue with interested parties who would be impacted by the sign code. The following actions were completed by staff: Jim Haggerton, Mayor Staff is preparing for the next phase of the sign code update. This briefing is intended to inform the Council on the actions already undertaken regarding the update process and the proposed process for this next phase. Note: The Council President and Chair of the Community Affairs and Parks Committee have concluded this matter can come straight to the whole Council for discussion. In 2007, the City Council identified a need to update the City's sign code. The City's current sign code was adopted in 1982 and only piecemeal changes have been done to the code. The Council realized that a complete rewrite of the code was needed in order for the code to reflect changes to the City since 1982. Signs impact almost all residents, businesses, and property owners. From the very beginning of the update process, the Mayor's Office, City Council and City staff realized that the update process needed a large public involvement component. To assist in the update process, the Mayor's Office recommended and the City Council approved the creation of a Sign Code Advisory Committee (hereafter referred to as "Committee The Committee was comprised of Council Members, a Planning Commission member, business owners, and residents. The Committee met a total of six times to provide input on various issues related to regulating signage within the City. Various topics were discussed at each meeting; these topics included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings of the Sign Code Committee were open to the public and staff invited interested parties to come to the meeting to address any concerns, recommendations, and provide suggestions. 1 Briefing to the Hwy 99 Action Committee prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times 3 Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. INFORMATIONAL MEMO Page 2 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with representatives from Westfield Southcenter on two occasions (February 12, 2009 and March 30, 2009). 6. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 7. A letter was sent to parties of record requesting specific input on the recommendations of the Committee (See Attachment A). 8. City staff is in discussions with Clear Channel Outdoors on the future of billboards within the City. 9. Throughout the entire update process, the City has utilized a webpage to keep interested parities informed of the update process The webpage included an HTML Zink that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. DISCUSSION With the Sign Code Committee's work completed, the next step of the update process is for review by the Planning Commission and City Council. Staff is proposing four to five meetings of the Planning Commission in the fall to discuss the recommendations of the Sign Code Committee and to recommend a draft code for review by the City Council. As with the meetings of the Committee, the Planning Commission will review specific topic areas regarding signage. All meetings will be open to the public and time will be permitted at each meeting for public input. The Planning Commission will conduct a public hearing once a draft code is prepared. Staff wants to continue to engage the public during the next phase of the Sign Code Update. The following lists the remaining public engagement efforts that staff proposes to undertake: 1. A final letter to parties of record requesting input on the recommendations of the Sign Code Advisory Committee. All parties of record will be invited to meet directly with City Staff. 2. Notices to all Sign Contractors who have conducted business in the City in the last two years. 3. Advertisements in the Puget Sound Business Journal and Highline Times. 4. Formal legal ad in the Seattle Times. 5. Once a draft code is completed, staff will conduct an open house prior to review by the City Council. Staff will also update the sign code update website with information on the new code. 6. Staff will continue to use the Hazelnut during and after the update process. Once the new Sign Code is adopted, staff will continue to educate and work with the public to assist them in adjusting to the new code. For example, staff will conduct an open house for businesses to brief them on the new Sign Code and will mail out notices to sign contractors. RECOMMENDATION Information Only. Staff would appreciate any suggestions by the City Council for the next phase of the Sign Code Update Process. ATTACHMENTS A. Letter to interested parties April 9, 2009 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director CITY REQUESTS INPUT ON RECOMMENDATIONS OF THE SIGN CODE ADVISORY COMMITTEE Dear Interested Party: Throughout 2008 and 2009, the City of Tukwila has been working on a comprehensive update of its sign code. The purpose of the update is to create a sign code that is reflective of a growing and diverse community, which can provide a variety of sign options for business and residents, while maintaining a quality visual environment. From the start of the update process the City realized the importance of public participation. During the summer and fall of 2008, a Sign Code Advisory Committee reviewed some of the many issues associated with the update. The Sign Code Advisory Committee consisted of City Council Members, a Planning Commission Member, residents, and businesses representatives. The City would like to invite you to provide comments on the policy recommendations provided in the Sign Code Advisory Committee's Final Report. The final report of the Sign Code Advisory Committee can be found at httn: /www.ci.tukwila .wa.us /dcd /sikncode /Aeenda 2009.01.29.ndf. The Planning Commission is scheduled to start deliberating on the new sign code in July. Please provide your feedback to the City by May 15, 2009. City staff is available to meet with you to discuss the final report and to discuss any suggestions you may have regarding the new sign code. If you have any questions or would like to schedule a time to meet, please call (206) 431 -3684 or send an email to bmiles cr.ci.tukwila.wa.us. S ely, Br ddn J. Miles Senior Planner cc. File 6300 SouthcenterBoulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 17th (Monday) Transportation Cmte, 5:00 PM (CR #1) Executive Session 6:30 PM (PENDING LITIGATION) (immediately prior to Regular Meeting) City Council Regular Mtg., 7:00 PM (Council Chambers) 24th (Monday) Community Affairs Parks Cmte, 5: OO PM (CR #3) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W to be immediately followed by a Special Meeting 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) Finance Safety Cmte, 5:00 PM (CR #3) Primary and Special Election Day VOTE! Q This is the first all mail -in election. Ballots m ut be post marked by today. Tukwila Historical 25th (Tuesday) Utilities Cmte, 5:00 PM (CR #1) City Council Special Mtg. (Work Session on Shoreline Master Program) 6:00 to 8:00 PM (Council Chambers) Upcoming Meetings Events AUGUST 2009 Parks Commission, 5.30 PM (Community Center) Library Advisory Beard CANCELLED Crime Hot Spots Task Force Mtg., 10:00 AM (CR #5) 26th (Wednesday) COPCAB, Planning 6:30 PM Commission, (CR #5) 7:00 PM (Council Chambers) Court 16th Annual Community Garage Sale August 22 23 Domestic Violence Task Force, 12:00 NOON (Human Svcs. office) The City website will have a list of sale locations at www.ci.tukwila.wa.0 s, plus ads on Craigslist and in the Renton Reporter and Kent Reporter newspapers. Or, just drive around Tukwila's neighbor- hoods on Sat. Sun. looking for the bright yellow signs! 27th (Thursday) 28th (Friday) 29th (Saturday) Society, 7:00 PM (George Long facility) Tukwila Int'1. Blvd. Action Cmte's Trash Pickup Day 9:00 10:00 AM For location contact Rick at rick@forschler org Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center Contact Stephanie Gardner at 206 767 -2342. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: lst Mon., 5:00 PM, Conf. Room #3 Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175). Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206- 433 -7175. ➢Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206- 433 -7181 ➢Equity Diversity Commission: 1st Thurs., 5 PM, Conf. Room #3 Contact Kimberly Matej at 206- 433 -1834 ➢Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3 Agenda items for 8/18/09 meeting: a) City-wide quarterly budget update; b) Sales Tax Report; c) 2008 CAFR update. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Stephanie Gardner at 206- 767 -2342. ➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center Contact Stephanie Gardner at 206 767 -2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206- 431 -3670. ➢Sister City Committee: 1st Wed., 5.30 PM, Conf. Room #3 Contact Bev Willison at 206 433 -1844 ➢Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1 Agenda items for 8/17/09 meeting: a) Allentown Storm Water Pump Station Bid Award b) Tukwila Urban Access Improvement Project (Klickitat) Local Improvement District Formation Schedule; c) Second Quarter Report. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. ➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 IR Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). Tentative Agenda Schedule August 315t Fifth Monday of the month —no Council meeting scheduled September 8 (Tuesday) 7th —Labor Day (City offices closed) 3 Special Presentation: Fire Department awards. Proclamation: National Payroll Week. 10 Special Issues: Local Improvement District (LID) formation for Klickitat project. 17 See agenda packet cover sheet for this week's agenda (August 17, 2009 Regular Meeting) 24 14 21 28 Special Presentation: Tukwila School District English Language Learners Program (Dave Larson, Program Director). Proclamation: Mayor's Day of Concern for the Hungry. Public Hearing: Local Improvement District (LID) formation for Klickitat project. Unfinished Business: Resolution regarding Local Improvement District (LID) formation for Klickitat project. Special Presentation: Police Department promotion of Don Lincoln to Assistant Chief. Special Issues: Tukwila South project update. Tukwila Village development negotiations update (discussion only) COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING