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HomeMy WebLinkAboutCOW 2013-09-23 COMPLETE AGENDA PACKETc Age Tukwila City Council Agenda • COMMITTEE OF THE WHOLE •• 4 11111114 Ilk Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson 11104 0 -9 David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, September 23, 2013, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATION A proclamation declaring September 28, 2013, as the "Mayor's Day of Concern for the Hungry." Pg.1 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. PUBLIC HEARING An ordinance amending the Sign Code. Pg.3 5. SPECIAL ISSUES a. An ordinance amending the Sign Code. b. A bond ordinance for Local Improvement District No. 33. c. Council policy on the use of electronic devices. d. An ordinance adopting public defense standards. Pg.3 Pg.15 Pg.39 Pg.51 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report (due to cancellation of 9/16 meeting) d. City Attorney e. Intergovernmental Pg.65 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURN TO SPECIAL MEETING • SPECIAL MEETING •• 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Minutes: 9/3/13 (ReguiarMtg.) b. Approval of Vouchers. 3. UNFINISHED BUSINESS Authorize the Mayor to sign an agreement with PACE Engineers for the Sewer Lift Station No. 2 Upgrade Project in the amount of $70,277.00. Pg.69 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. ZgaZNINUM77NZir— 71110Z �em�a raA�m m + ®mmm ®, Pamme / � e memo® emem m e \4,6u Isms Oa�O° ^ 46,pe4m46tl "6800 BA��B ®m�0At6ea" eP,Bl ea��ee p ®0�mbem9b e68eme�BO • Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, our King County cities recognize adequate nutrition as a basic goal for each citizen; and WHEREAS, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and WHEREAS, food banks, emergency and hot meal programs working with our cities, local churches, social service agencies and hundreds of volunteers are striving day in and day out to stem the rising tide of hunger, but still need more help; and WHEREAS, we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches and their low incomes must stretch to cover increasing fuel, electricity and rental costs — leaving even less money for monthly food purchases, an outpouring of community assistance will follow; and WHEREAS, the Emergency Feeding Program of Seattle and King County coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger which will be held at grocery stores throughout King County on Saturday, September 28, 2013; NOW THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim Saturday, September 28, 2013 as a: Mayor's Day of Concern for the Hungry in the City of Tukwila and strongly encourage all citizens to join me, the Emergency Feeding Program and our local food banks in feeding the hungry people of our community. Presented at the City Council meeting this 23`d day of September, 2013. Jim Haggerton, Mayor ®m/mB66A !0m 0000° s ®m'BdA b0m0mmm ®Be ® ®mma B ®tlffi696 ®® m� B ®® 0 �` a ® mm Bao 10000 m ® ®BBPA b mmm t / ®m BaA a ®00000 1 .m ® ®ma ®�P" "pb " ®�Om ®mm ym ® ®BmP ®m ®m�q" /mB smmm ®o 4 „ ®ax mgBBp mmm® t "A ® /B ®a. hmm�m tl ® ® ®" a0a® ®/BBP mm ®m B ma ®® mmm a ® ® ®® a ®b�q ■ 0 ®m� " s ® ®B� ® ®p rig 'r aim ®me seek ^� ..a ® ®��m:er 2 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma 'r'e review Council review 09/23/13 BM [1] Motion Mtg Date El Resolution Mtg Date 10/07/13 BM Z Public Hear* Mtg Date 9/23/13 E Other Mtg Date Mtg Date 10/7/13 SPONSOR J Council Mayor [1 HR Z DCD E Finance Lil Fire E IT FjP&R 1 Police P147 SPONSOR'S THE PROPOSED ORDINANCE WILL INCREASE THE ALLOWABLE AREA FOR WALL SIGNS IN SUMMARY THE MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC/H) ZONE FROM THE CURRENT LIMIT OF 150 SQUARE FEET TO 1500 SQUARE FEET. ADDITIONALLY, BUSINESSES IN THE MIC/H ZONE WILL HAVE FLEXIBILITY REGARDING THE PLACEMENT OF THE WALL SIGN IN RELATION TO THE BUILDING'S ENTRANCE. REVIEWED BY El COW Mtg. ITEM INFORMATION ITEM No. 4& 5.A. 3 STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 9/ 23/13 AGENDA ITEM TITLE Increase in the allowable area for wall signs in the Manufacturing/Industrial/Heavy (MIC/H) zone. CATEGORY Discussion Mtg Date 9/23/13 [1] Motion Mtg Date El Resolution Mtg Date 14 Ordinance E Bid Award Mtg Date Z Public Hear* Mtg Date 9/23/13 E Other Mtg Date Mtg Date 10/7/13 SPONSOR J Council Mayor [1 HR Z DCD E Finance Lil Fire E IT FjP&R 1 Police P147 SPONSOR'S THE PROPOSED ORDINANCE WILL INCREASE THE ALLOWABLE AREA FOR WALL SIGNS IN SUMMARY THE MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC/H) ZONE FROM THE CURRENT LIMIT OF 150 SQUARE FEET TO 1500 SQUARE FEET. ADDITIONALLY, BUSINESSES IN THE MIC/H ZONE WILL HAVE FLEXIBILITY REGARDING THE PLACEMENT OF THE WALL SIGN IN RELATION TO THE BUILDING'S ENTRANCE. REVIEWED BY El COW Mtg. Cmte 14 CA&P Cmte E F&S Cmte El] Transportation Cmte E Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: EKBERG E Arts Comm. & 9/23/13 • Utilities DATE: 8/26/13 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 09/23/13 MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 9/4/13 Ordinance in draft form Informational Memorandum to Community Affairs and Parks, dated 8/21/13 Minutes from Community Affairs and Parks Committee meeting on 8/26/13 10/7/13 3 4 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Nora Gierloff, Deputy Director BY: Brandon Miles, Senior Planner Courtney Johnson, Planning Intern DATE: September 4, 2013 SUBJECT: Amendments to Title 19 "Sign Code" Review of Draft Ordinance ISSUE Should businesses in the Manufacturing Industrial Center /Heavy (MIC /H) zone be permitted to have a larger flush mounted wall signs? BACKGROUND /DISCUSSION On August 26, 2013, the Community Affairs and Parks Committee was provided a briefing on proposed changes to the sign code regarding flush mounted wall signs in the MIC /H zone. Staff recommended, and the Committee supported, amending the sign code to permit businesses in the MIC /H zone to have larger wall signs and to modify the requirement regarding the need for a public entrance. A draft Ordinance, which reflects the language supported by the Committee, is included as attachment "A ". Additionally, a copy of staff's August 21, 2013 memo is also included as attachment "B ". During the Committee meeting there was discussion about whether businesses, specifically Boeing, needed additional wall signage above their entrances. City staff reached out to Boeing, which indicated that there was no need for additional signage above its entrances. FINANCIAL IMPACT There will be a slight increase in permit fees as a result of adoption of this Ordinance. RECOMMENDATION Staff recommends that the draft Ordinance be forward to tonight's Committee of the Whole meeting for a public hearing and discussion by the full City Council. ATTACHMENTS -Draft Ordinance -Staff memo dated August 21, 2013; and - Minutes from August 26, 2013 Community Affairs and Parks Committee meeting. 5 6 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2375 §8 AND 2303 §5, AS CODIFIED AT TMC SECTION 19.20.050.A, TO UPDATE THE ALLOWABLE SIGN AREA FOR FLUSH - MOUNTED WALL SIGNS WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER/HEAVY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non - motorized forms of transportation; and WHEREAS, on August 16, 2010, the Tukwila City Council adopted a new, comprehensive Sign Code for the City of Tukwila, which is codified in Title 19 of the Tukwila Municipal Code; and WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to regularly update the City's regulations regarding signage in order to respond to the needs of Tukwila businesses and to address the ongoing changes in the urban landscape of the City; and WHEREAS, the purpose of the Manufacturing Industrial Center /Heavy District is to allow for heavy industry and bulk manufacturing, hence the need for massive buildings with large wall areas; and these types of businesses are not likely to have public entrances similar to commercial businesses located in the Southcenter area; and WHEREAS, the City has received a request to modify the regulations for flush - mounted wall signs within the Manufacturing Industrial Center /Heavy District; and WHEREAS, on September 23, 2013, the Tukwila City Council held a public hearing on the proposed ordinance; W: Word Processing \Ordinances \Sign Code revision in MIC -H District 9 -11 -13 BM:bjs Page 1 of 3 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 19.20.050, Subparagraph A, Amended. Ordinance Nos. 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, "Permanent Building - Mounted Signs in Commercial /Industrial Zones," subparagraph A, are hereby amended to read as follows: A. Flush - Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush- mounted building sign per exterior public entrance. In the MIC /H zone no more than one flush mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush- mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 + 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 + 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 + 110 square feet Over 5,000 (except for buildings 150 square feet maximum size permitted within the MIC /H District) The additional sign allowances below shall only apply o buildings located . 5,001 - 20,000 (EBF - 5,000) x .015 + 150 square feet 20 001 - 50,000 (EBF -20 000 x .015 + 375 s • uare feet 50,001- 80,000 (EBF- 50,000) x .015 + 825 square feet 80,001- 100,000 (EBF- 80,000) x .01 + 1,275 square feet Over 100,000 1 500 s • uare feet maximum size • ermitted W: Word Processing \Ordinances \Sign Code revision in MIC -H District 9 -11 -13 BM:bjs 8 Page 2 of 3 (1) Any flush- mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush - mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed five square feet; illumination of the sign is permitted. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Sign Code revision in MIC -H District 9 -11 -13 BM:bjs Page 3of3 9 10 � K�i of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, DCD Director BY: Courtney M. Johnson, Planning Intern Brandon Miles, Senior Planner DATE: August 21'2D13 SUBJECT: Amendments to the Title 19 "Sign Code" ISSUE Should businesses in the Manufacturing Industrial Center/Heavy (MIC/H) zone be permitted to have larger flush mounted wall signs? BACKGROUND/DISCUSSION The placement ofwall signs within the City is governed by Tukwila Municipal Code (TMC) 192OO5O.A business iGpermdtedto have one vVaU sign for each public entrance that the business ss uti|izen. Thua, if a business has four public entrances it would be permitted to have four wall signs. The size of the wall signs is based on the total area of the wall where the wall sign will be placed. A larger wall allows for a larger wall sign; however, most wall signs are limited to a maximum size of 150 square feet. Some larger properties can utilize the provisions of the Master Sign Program to install a wall sign of up to 250 square feet. The current approach for wall sign area limitations works well for retail commercial areas of the City. such as the Southcenter area and Tukwila International Boulevard. MovVever, in areas that have large buildings, and thus large walls, the current regulations severely limit the allowable wall signage. Nearly all of these larger buildings are located in the City's MIC/H zone. A business in the MIC/H zone, which has a wall area of 50,000 square feet, is only permitted signage that occupies .3% of the wall area. Compare that to a business in the Southcenter area that occupies 5.001 square feet, which is permitted to install a wall sign that occupies 2.99% of the wall area. The Boeing Company, a business that operates primarily in the City's MIC/H Zone, has requested that the City amend the Sign Code to allow larger wall signs. Boeing is requesting the change in order to reflect the fact that it, like other large business owners in the MIC/H zone, occupies large buildings, with large wall areas. Boeing has also requested that the City modify the requirement that links public entrances to placement of wall signs. The purpose of the MIC/H zone is to allow for heavy industry and bulk monufmcturing, hence the need for massive buildings with large wall areas. These types of businesses are likely to not have public entrances similar to commercial businesses, such as those in the Southcenter area. INFORMATIONAL MEMO Page 2 POLICY OPTIONS Staff would like input from the City Council on whether the City should amend the Sign Cod8k} address the request from Boeing. Staff has outlined two possible options be|ovv. Option 1: No Change to the Existing Sign Code. Under this approach Boeing, as well as any other building owners in the MIC/H area, would not be permitted to install a wall sign on a wall that does not have a public entrance. If a public entrance is preoeDt, the size of the wall sign could not exceed 150 square feet (250 square feet if a Master Sign Plan were approved). Option 2: Amend the Sign Code to allow businesses in the MIC/H zone to have larger wall signs on building faces without public entrances. Wall signs in the MIC/H zone would be permitted up to 1.500 square feet in area for wall areas larger than 5.000 square feet by adopting a new allowable Sign Area table as follows (This tabe would only apply in the MIC/H Zone) Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 5001-20.000 (EBF-5,000) X .015 +150 square feet 20.001-50'000 (EBF'2O.OU0)}(.D15+375 square feet 50.001'80.000 (EBF-5O'OOO) }(.O15+O25 square feet 80.001-100,000 (EBF-DO.00C) )(.01+1275 square feet 100.001 and above 1500 square feet max The requirement to have a public entrance would aso not apply in the MIC/H zones. A busine s would be permitted to have a total of four wall si ns; one for each cardinal direction, with only one sign per direction, FINANCIAL IMPACT If option 2 is selected a small number of additional buildings will be permitted to have additional signs and thus the City would see a slight increase in permit revenue. RECOMMENDATION Staff recommends Option 2. If the Committee is agraeob|e, staff will come back to the Committee on September 23, 2013 with a draft Ordinance. Staffwould also like perm?ssion to take the draft Ordinance to the Committee of the Whole for a public hearing and discussion that same night. ATTACHMENTS None, W:\2013 Info Memos-CouncillFlush Mounted Wall Signs, Increa mArea.,cloc 12 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 26, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: David Cline, Rick Still, Dave Johnson, Nora Gierloff, Stacy Macgregor, Courtney Johnson, Kimberly Matej, Laurel Humphrey Guests: Chuck Parrish, resident; Regis Costello, resident CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:16 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Community Activity Nutrition Network ( "I"CANN) Update Staff presented an overview of "I "CANN, a new South King County multi -city collaborative aimed at reducing the prevalence of obesity in kids and families. Councilmembers are invited to attend the "Leadership Forum for a Healthier Generation" on September 12 at the Renton Community Center with other area business and community leaders. The mission of "I "CANN emphasizes education and outreach, and a free online tool for finding health resources and tracking goals is in development. Committee members asked questions about resources and funding, and expressed interest in tracking this program as it grows. An invitation to the Leadership Forum will be forwarded to the full Council. INFORMATION ONLY. B. Amplified Noise in City Parks Update In response to recent concerns expressed by residents, staff provided an update on how the City is addressing the problem of unauthorized amplified noise in City parks. Recent short-term efforts include emphasizing the laws regarding noise to rental groups as well as the installation of temporary signs at the picnic shelter in Joseph Foster Memorial Park. A photo of the temporary sign was distributed to Committee members. While no complaints regarding amplified noise have been made since these actions were taken, they do not address scenarios where amplified noise may be coming from areas in parks that are not picnic shelters. More analysis is needed to determine which park users are likely to violate the noise ordinance. Staff will also review amplified noise laws and policies in other cities. Further recommendation or other updates on this topic will be presented to the Parks Commission and return to the Committee at a future date. INFORMATION ONLY. C. Amendment to Tukwila Municipal Code Title 19 - Sign Code Staff is seeking Committee direction on whether or not to draft a proposed amendment to the Sign Code to allow businesses in the Manufacturing Industrial Center — Heavy (MIC /H) to have larger wall signs on building faces without public entrances. Under such a proposal, wall signs in MIC/H would be permitted up to 1500 square feet in area for wall areas larger than 5000 square feet. In addition, the requirement to have a public entrance would also not apply. This amendment would only apply to permanent signs in the MIC/H zone, only impact a small number of buildings, and slightly increase permit revenue to the City. The proposal to amend the sign code is in response to a request from the Boeing Company. The current code works well for retail commercial areas, but greatly limits the allowable wall signage for large heavy 13 Community Affairs & Parks Committee Minutes August 26, 2013 — Page 2 14 industry and bulk manufacturing businesses located in MIC /H. Committee members reviewed examples of what signs under the proposal might look like. Committee Chair Ekberg requested that staff ask Boeing if there is any need for a public entrance sign. Committee members and staff discussed the proposal as well as other signage issues in the City, such as sandwich board pros and cons and a desire to review business signage needs in Neighborhood Commercial zones. Committee members agreed to further review and discuss the staff proposal to amend the sign code as described. A draft ordinance will be brought to the September 23 Community Affairs and Parks Committee for discussion. RETURN TO COMMITTEE. III. MISCELLANEOUS Committee members, staff and guests briefly discussed the marijuana zoning proposal on the agenda for public hearing and discussion at the 7:00 Committee of the Whole meeting. Meeting adjourned at 6:05 p.m. Next meeting: Monday, September 23, 2013 — 5:15 p.m. — Conference Room #3 Committee Chair Approval Minutes by LH. Reviewed by NG. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or's review Council review 09/23/13 PMC /mo ..,- /, L- ■._ El Resolution Mtg Date 10/07/13 PMC 11] Public Hearing Mtg Date El Other Mtg Date Mtg Date 10/07/13 SPONSOR E Council LI Mayor EIII1 HR E DCD Finance EIIJ Fire IT E PR Police El PV SPONSOR'S Contract indebtedness not to exceed $9,475,893.89 to provide funds to finance SUMMARY improvements in Local Improvement District No. 33 by reimbursing the City for project costs including making a deposit to the City's Local Improvement Guaranty Fund and paying costs of issuance of the bonds REVIEWED BY E COW Mtg. [1:] CA&P Cmte 111 F&S Cmte Ill Transportation Cmte E Utilities Cmte E Arts Comm. 0 Parks Comm. E Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department recommends approval COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM NO. 5.B. 15 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 09/23/13 AGENDA ITEM TITLE An Ordinance relating to contracting indebtedness to provide funds to finance improvements for Local Improvement District No. 33 public CATEGORY Z Discussion Mg Date 09/23/13 El Motion Mg Date El Resolution Mtg Date 11 Ordinance E Bid Award Mtg Date 11] Public Hearing Mtg Date El Other Mtg Date Mtg Date 10/07/13 SPONSOR E Council LI Mayor EIII1 HR E DCD Finance EIIJ Fire IT E PR Police El PV SPONSOR'S Contract indebtedness not to exceed $9,475,893.89 to provide funds to finance SUMMARY improvements in Local Improvement District No. 33 by reimbursing the City for project costs including making a deposit to the City's Local Improvement Guaranty Fund and paying costs of issuance of the bonds REVIEWED BY E COW Mtg. [1:] CA&P Cmte 111 F&S Cmte Ill Transportation Cmte E Utilities Cmte E Arts Comm. 0 Parks Comm. E Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department recommends approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/23/13 MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 09/18/13 Ordinance in Draft Form 10/07/13 15 16 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Tukwila City Council FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: September 18, 2013 SUBJECT: Bond Ordinance for Local Improvement District No. 33 ISSUE Approve the ordinance issuing bonds for improvement of urban access for the Southcenter Area. BACKGROUND On November 16, 2009, the Council adopted Ordinance No. 2260 ordering improvements for the Southcenter area by establishing the formation of Local Improvement District (LID) #33 Tukwila Urban Center Access (Klickitat) Project. The road improvement was substantially completed and an opening held in October 2011. The project was closed out on February 19, 2013. At the February 5, 2013 Finance & Safety Committee meeting, the timeline for the remaining steps for the LID were presented. Bonds can be delivered no earlier than 20 days after the conclusion of the prepayment period; however, the ordinance to sell the bonds may be approved by Council at any point once the maximum amount of the bonds is determined. On September 3, 2013, City Council approved Ordinance No. 2408 confirming the final assessment for the LID. Other pertinent dates follow: • September 14, 2013 - Ordinance No. 2408 became effective. • September 16, 2013 - Prepayment period opened to all property owners in the LID. • October 16, 2013 - Prepayment period closes. • November 5, 2013 — Expiration of 20 day period following close of the prepayment period; bond delivery permitted. Bonds will be issued to reimburse the City for the costs it incurred on behalf of the LID. The bonds will be repaid over a 17 year period from LID assessments collected over a 15 year period. DISCUSSION The ordinance provides for the issuance, sale, and delivery of up to $9,475,893.89 aggregate principal amount of local improvement district bonds for the purpose of reimbursing the City for the costs it incurred to improve access to the Southcenter Area, including making a deposit to the guaranty fund and paying the costs of issuance of the bonds. The term of the bonds will be for 17 years. The bonds will be repaid from assessments collected over 15 years from property owners in the LID area. Assessments will be collected prior to scheduled bond payments. If assessments are paid late and not enough funds have been collected to meet the scheduled debt service payment, funds from the guaranty fund will be used to make the required payment. The guaranty fund will be equal to not 17 INFORMATIONAL MEMO Page 2 more than 10% of the issue price of the bonds, and the City is required to maintain this fund as long as any bonds remain outstanding. The Tukwila Municipal Code (TMC), 13.04.190 Delinquent Assessment — Foreclosure, gives direction when installments are delinquent. If, on the first day of January of any year, two installments of any LID are delinquent, or if the final installment has been delinquent for more than one year, the City Attorney is authorized to begin foreclosure proceedings. The ordinance also provides for other related matters. RECOMMENDATION The Council is being asked to approve the ordinance for issuance of bonds. This item is scheduled for the September 23, 2013 Committee of the Whole Meeting, and the October 7, 2013 Regular Council Meeting. ATTACHMENT Draft Ordinance 18 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $9,475,893.89 AGGREGATE PRINCIPAL AMOUNT OF LOCAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS TO FINANCE THE PUBLIC IMPROVEMENTS IN LOCAL IMPROVEMENT DISTRICT NO. 33 ( "LID No. 33 "), BY REIMBURSING THE CITY FOR PROJECT COSTS, INCLUDING MAKING A DEPOSIT TO THE CITY'S LOCAL IMPROVEMENT GUARANTY FUND AND PAYING THE COSTS OF ISSUANCE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; FIXING THE INTEREST RATE ON ASSESSMENTS WITHIN LID NO. 33; AND PROVIDING FOR OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City "), created Local Improvement District (LID) No. 33 by Ordinance No. 2260, adopted on November 16, 2009, for the purpose of financing improvements to urban access for the Southcenter area ( "Project "); and WHEREAS, the City is in need of funds to pay or reimburse the City for the costs of the improvements in LID No. 33, including making a deposit to the City's Local Improvement Guaranty Fund and paying the cost of issuance of the bonds, not to exceed $9,475,893.89 aggregate principal amount; and WHEREAS, the City Council deems it to be in the best interest of the City to issue local improvement district bonds to finance these costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 1 of 13 19 Section 1. Findings and Determinations. The City takes note of the following facts and makes the findings and determinations set forth below. Capitalized terms have the meanings given in Section 2. (a) Authority and Description of Project. By Ordinance No. 2260, adopted on November 16, 2009, the City created LID No. 33 for the purpose of carrying out the Project and authorized the issuance of local improvement district bonds to finance the costs of the Project by reimbursing the City for all Project costs including, without limitation, making a deposit to the City's Guaranty Fund and paying the costs of issuance of the bonds. (b) Plan of Financing. On September 3, 2013, the City Council adopted Ordinance No. 2408, confirming the final assessment roll for LID No. 33 and authorizing the collection of the special assessments levied within the district. The notice of collection of assessments was first published on September 16, 2013 and the last day for prepayment of assessments without penalties or interest is October 16, 2013. The amount of Bonds to be issued will equal the balance of assessments unpaid after the expiration of the 30 -day prepayment period, and the Bonds shall be repaid from the assessments to be paid in 15 annual installments of approximately equal principal, plus interest on the unpaid balance accrued to the Interest Payment Date. (c) The Bonds. For the purpose of providing the funds necessary to pay or reimburse the City for the costs of the Project including, without limitation, making a deposit to the Guaranty Fund and paying the costs of issuance of the Bonds, the City Council finds that it is in the best interests of the City to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City's Designated Representative consistent with this ordinance. Section 2. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) "Authorized Denomination," notwithstanding Section 13.04.160 of the Tukwila Municipal Code, means $5,000 or any integral multiple thereof within an estimated redemption date within a Series, except that if the aggregate principal amount of the Series of the Bonds is not an integral multiple of $5,000, then the first Bond of that Series shall be in such principal amount as the Designated Representative shall determine. (b) "Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) "Bond" means each bond issued pursuant to and for the purposes provided in this ordinance. (d) "Bond Counsel" means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) "Bond Purchase Contract" means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of that W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs 20 Page 2 of 13 Series, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (f) "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the each Bond. (g) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City. (h) "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. (i) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (j) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (k) "Designated Representative" means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). (I) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (m) "Final Terms" means the terms and conditions for the sale of a Series of the Bonds including, but not limited to, the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (n) "Finance Officer" means the Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (o) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. (p) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (q) "Guaranty Fund" or "Local Improvement Guaranty Fund" means the Local Improvement Guaranty Fund of the City created by Ordinance No. 323 as codified at Tukwila Municipal Code 3.64. (r) "Interest Payment Date" means each annual date on which interest on a Bond is due and payable, as set forth in the Bond Purchase Contract. (s) "Issue Date" means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 3 of 13 21 (t) "Letter of Representations" means the Blanket Issuer Letter of Representations between the City and DTC, dated October 18, 1999, as it may be amended from time to time, or any successor or substitute letter relating to the operations procedures of the Securities Depository. (u) "LID Bond Fund" means the Local Improvement Fund, District No. 33 of the City created for the payment of the principal of and interest on the Bonds. (v) "LID No. 33" means Local Improvement District No. 33, established by Ordinance No. 2260 of the City, passed November 16, 2009, for the purpose of carrying out the Project. (w) "MSRB" means the Municipal Securities Rulemaking Board. (x) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (y) "Project" means the Tukwila Urban Access Improvement Project, more fully described in Exhibit A of Ordinance No. 2260. For purposes of this ordinance, costs of the Project include all costs of constructing the Project and all other costs permitted for inclusion under RCW 35.44.020 and related statutes, including without limitation, all costs for legal, financial, and appraisal services and any other expenses incurred by the City on behalf of or in the formation of LID No. 33, or in connection with such construction or improvement and in the financing thereof, including the costs of issuance of the Bonds and the cost of providing for increases in the Local Improvement Guaranty Fund. (z) "Project Fund" means the Arterial Street Fund of the City used for the purpose of carrying out the Project. (aa) `Purchaser" means the person, bank, corporation, firm, association, partnership, trust, or other legal entity or group of entities selected by the Designated Representative to serve as underwriter or purchaser for a negotiated sale of a Series of the Bonds. (bb) "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (cc) "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an Interest Payment Date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (dd) "Registered Owner" means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book — entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. W: Word Processing \Ordinances \LID 33 -Bond issuance 9-12-13 VC:bjs 22 Page 4 of 13 (ee) "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (ff) "SEC" means the United States Securities and Exchange Commission. (gg) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (hh) "Series of the Bonds" or "Series" means a series of the Bonds issued pursuant to this ordinance. (ii) "State" means the State of Washington. (jj) "System of Registration" means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 1338 of the City. (kk) "Tax- Exempt Bonds" means any Bond, the interest on which is intended on its Issue Date to be excluded from gross income for federal income tax purposes. (11) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 15 of this ordinance. Section 3. Authorization of Bonds. To provide the funds necessary to pay or reimburse the costs of the Project, including without limitation making a deposit to the Guaranty Fund and paying the costs of issuance of the Bonds, the City is authorized to issue the Bonds evidencing indebtedness in an amount of not to exceed the lesser of (a) the amount of the confirmed assessment roll for LID No. 33 ($9,475,893.89), or (b) the balance of such assessment roll remaining unpaid at the expiration of the 30 -day prepayment period. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Officer is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds, in one or more Series bearing the same Issue Date, in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Notwithstanding Section 13.04.170 of the Tukwila Municipal Code, each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. Notwithstanding Section 13.04.170 of the Tukwila Municipal Code, the Fiscal Agent is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 5 of 13 23 Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds of an equal aggregate principal amount and of the same Series, interest rate, estimated redemption date and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book -Entry Only Form. The Designated Representative may determine whether the Bonds are to be issued in certificated or fully immobilized book -entry only form. If the Bonds are issued in book -entry form, DTC shall be appointed as initial Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book -entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs 24 Page 6 of 13 Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law, and shall not be required to be in the form set forth in Section 13.04.170 or any other section of the Tukwila Municipal Code. The Bonds shall be issued in registered form and no coupons representing interest on the Bonds need be attached. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is one of the fully registered City of Tukwila, Washington, Local Improvement District No. 33 Bonds." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America solely out of the LID Bond Fund or from the Local Improvement Guaranty Fund of the City. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on each Interest Payment Date, or by check or draft of the Bond Registrar mailed on such Interest Payment Date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least ten days prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts. (a) LID Bond Fund; Deposit of Assessments. The LID Bond Fund has been previously created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. All collections pertaining to payments of assessments on W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 7 of 13 25 the assessment roll of LID No. 33, including prepayments, installment payments, and interest and penalties thereon, shall be deposited in the LID Bond Fund. Prior to the Issue Date, any money on hand in the LID Bond Fund may be used to pay or reimburse costs of the Project, may be transferred to the Guaranty Fund, or may be retained therein for the payment of principal of or interest on the Bonds, as determined by the Finance Officer. After the Issue Date, money on hand in the LID Bond Fund shall be used solely to pay interest on the Bonds, to redeem a portion of the outstanding principal amount of the Bonds in accordance with Section 9, or to pay for costs of collecting delinquent assessments. Until needed for such purposes, the City may invest money in the LID Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the LID Bond Fund and used for the purposes of that fund. (b) Project Fund; Deposit of Bond Proceeds. The principal proceeds received from the sale and delivery of each Series of the Bonds, which amounts are not needed to fund the Guaranty Fund deposit described below, shall be paid into or allocated to the Project Fund, and thereafter may be allocated or transferred to such other funds, accounts, or subaccounts of the City as the Director of Finance may determine, in order to pay or reimburse the City for all or part of the costs of the Project and to pay the costs of issuance of the Bonds. Until needed for such purposes, the City may invest the principal proceeds of the Bonds temporarily in any legal investment, and the investment earnings shall be deposited in the LID Bond Fund. Earnings subject to a federal tax or rebate requirement may be withdrawn from any such fund or account and used for those tax or rebate purposes. Any proceeds of Bonds remaining in the Project Fund after paying the costs of the Project, the costs of issuing the Bonds, and for the purposes set forth in this section, or after the City Council has determined that the expenditure of such bond proceeds for those purposes is no longer necessary or appropriate, may be used to pay principal of and interest on the Bonds consistent with applicable law. (c) Guaranty Fund. On the Issue Date, proceeds of each Series of Bonds equal to not more than 10% of the issue price of such Series shall be deposited into the Guaranty Fund such that the balance in the Guaranty Fund equals not less than the balance required to be maintained under this subsection. For so long as any of the Bonds remain outstanding, the City shall take such actions as may be necessary, consistent with Chapter 3.64 of the Tukwila Municipal Code, Chapter 35.54 RCW and other applicable state law, to maintain such balance in the Guaranty Fund as the Finance Officer determines, in her sole discretion, is reasonable. Interest and earnings from the Local Improvement Guaranty Fund shall be retained within the Guaranty Fund. The Finance Officer may establish subaccounts within the Guaranty Fund, from time to time as the Finance Officer deems necessary or desirable for purposes of accounting for the investment of money therein. Money in the Guaranty Fund shall be used solely for the payment of bonds secured by such fund and as otherwise set forth in chapters 35.49 and 35.54 RCW and other applicable law. W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs 26 Page 8 of 13 Section 9. Maturity; Redemption Provisions and Purchase of Bonds. (a) Maturity. All Bonds shall bear a maturity date that is two years after the final assessment installment payment date, and shall state an estimated redemption date approved by the Designated Representative in accordance with Section 4. (b) Redemption Provisions. The City shall call Bonds for redemption in whole or in part in Authorized Denominations in the order set forth on the estimated redemption schedule (which shall be set forth in the Bond Purchase Contract) on each Interest Payment Date when there is money in the LID Bond Fund from assessment payments (including principal, interest, and penalties thereon) and other money of the City sufficient to pay the Bond (or portion thereof) so called over and above the amount required for the payment of the interest payable on all unpaid Bonds on that Interest Payment Date. Bonds shall be redeemed at a redemption price equal to the stated principal amount to be redeemed plus interest accrued thereon to the redemption date. (c) Selection of Bonds for Redemption; Partial Redemption. For so long as a Bond is registered in the name of the Securities Depository, if Tess than all of the principal amount of that Bond is to be redeemed, the Securities Depository shall select the proportion of that Bond to be redeemed in accordance with the Letter of Representations. If a Bond is not registered in the name of the Securities Depository, the Bond Registrar shall select the proportion of that Bond to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond, bearing the same Series, estimated redemption date and interest rate, in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 15 nor more than 45 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Officer shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Redemption Notice. In the case of any redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice by giving a notice of rescission to the affected Registered Owner(s) at any time on or prior to the date fixed for redemption. Any notice of redemption that is so rescinded shall be W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 9 of 13 27 of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on the principal portion of each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure to Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on the unpaid principal amount of that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the LID Bond Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Assessment Payments. Assessments collected in LID No. 33, together with interest and penalties, if any, are pledged to the payment of the Bonds which are payable solely out of the LID Bond Fund and the Local Improvement Guaranty Fund of the City, all in the manner provided by law. The Bonds are not general obligations of the City. The City covenants that it will diligently commence and pursue the collection of all delinquent assessments in LID No. 33. Section 12. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Tax - Exempt Bonds. The City covenants that it will take all actions necessary to prevent interest on the Tax - Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax - Exempt Bonds or other funds of the City treated as proceeds of the Tax - Exempt Bonds that will cause interest on the Tax - Exempt Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax - Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Tax - Exempt Bonds. (b) Post - Issuance Compliance. The Finance Officer is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs 28 Page 10 of 13 due the principal of and interest on any or all of the Bonds (the "defeased Bonds "); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account "), money and /or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. (b) Procedure for Negotiated Sale. The Designated Representative shall select one or more Purchasers with which to negotiate the sale of a Series of the Bonds. A Bond Purchase Contract shall set forth the Final Terms of the sale of each Series. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review the form of the preliminary official statement prepared in connection with the sale of each Series of the Bonds to the public. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2 -12, the Designated Representative is authorized to deem that preliminary official statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2 -12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been deemed final in accordance with this subsection. W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 11 of 13 29 (b) Approval of Final Official Statement. The City approves the preparation of a final official statement for each Series of the Bonds to be sold to the public in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Purchaser. The City authorizes and approves the distribution by the Purchaser of that final official statement to purchasers and potential purchasers of the Bonds. (c) Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds, the Designated Representative is authorized and directed to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in substantially the form attached as Exhibit B. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. Fixing Interest Rate on Assessments. The interest rate on the installment payments of the special assessments in LID No. 33 is fixed at a rate equal to 0.5% plus the all -in true interest cost of the Bonds, as set forth in the Bond Purchase Contract, carried out to two decimal places. If the Bonds are issued in more than one Series, the all -in true interest cost shall be a blended rate of all Series of the Bonds. Section 18. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 19. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs 30 Page 12 of 13 Section 20. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 21. Conflicts with Tukwila Municipal Code. Notwithstanding Tukwila Municipal Code Section 13.04.180, to the extent that anything contained in this ordinance is inconsistent with any provision set forth in the Tukwila Municipal Code, this ordinance and state law shall be deemed to be the controlling law for the narrow and specific purpose of authorizing the Bonds described herein, and such provisions of the Tukwila Municipal Code shall not apply. Section 22. 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Description of the Bonds Exhibit B — Form of Undertaking to Provide Continuing Disclosure W: Word Processing \Ordinances \LID 33 -Bond issuance 9 -12 -13 VC:bjs Page 13 of 13 31 32 EXHIBIT A DESCRIPTION OF THE BONDS (i) Principal Amount. (ii) Date or Dates. The Bonds may be issued in one or more Series and the aggregate principal amount of the Bonds shall not exceed the total amount on the assessment roll remaining uncollected after the expiration of the 30- day prepayment period, and in any event shall not exceed the total amount of the assessment roll ($9,475,893.89). To facilitate delivery of the Bonds through the Securities Depository, the principal amount may be rounded down to the nearest $100. Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this ordinance and may not occur prior to 20 days after the expiration of the 30 -day prepayment period for paying assessments. All Series of Bonds shall bear the same Issue Date. (iii) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations, with one Bond corresponding to each estimated redemption date within a Series. The Bonds of each Series shall be numbered consecutively in the order of the estimated redemption schedule, and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (iv) Interest Rate(s). (v) Payment Dates. Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360 -day year of twelve 30 -day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 6.00 %, and the all -in true interest cost to the City for each Series of the Bonds may not exceed 6.00 %. Interest shall be payable at fixed rates annually on such Interest Payment Dates as are acceptable to the Designated Representative, commencing no later than 6 months after the first assessment installment payment date following the Issue Date. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit A 9 -12 -13 VC:bjs A -1 33 EXHIBIT A DESCRIPTION OF THE BONDS Page 2 (vi) Final Maturity. (vii) Redemption Rights. (viii) Price. The Bonds shall mature on the date that is 2 years after the final assessment installment payment due date. The Bonds shall be subject to redemption on Interest Payment Dates, as set forth in Section 9 of this ordinance. The Designated Representative shall approve an estimated redemption schedule, which shall set forth the expected dates and amounts of such redemptions and which shall determine the order in which Bonds shall be called for such redemption. The purchase price for each Series of the Bonds shall be equal to the stated aggregate principal amount of that Series. (ix) Other Terms & Conditions. The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement; may designate a Series of the Bonds as Tax - Exempt Bonds or as taxable Bonds; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit A 9 -12 -13 VC:bjs 34 A -2 EXHIBIT B Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Tukwila, Washington Local Improvement District No. 33 Bonds The City of Tukwila, Washington (the "City "), makes the following written Undertaking for the benefit of holders of the above - referenced bonds (the "Bonds "), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. of the City (the "Bond Ordinance "). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) ( "annual financial information "); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non - payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; defeasances; (9) W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit B 9 -12 -13 VC:bjs B -1 35 (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (2) a statement of the outstanding balance of obligations secured by the Local Improvement Guaranty Fund; the balance of cash and investments in the Local Improvement Guaranty Fund at fiscal year end; and (4) a statement of the amount of assessments that the City billed and collected in that fiscal year; (3) (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2013; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. W: Word Processing \Ordinances \LID 33 -Bond issuance- Exhibit B 9 -12 -13 VC:bjs 36 B -2 (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2 -12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if the provisions of Rule 15c2 -12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Officer or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2 -12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2 -12; W: Word Processing \Ordinances \LID 33 -Bond issuance- Exhibit B 9 -12 -13 VC:bjs B -3 37 (iv) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit B 9 -12 -13 VC:bjs 38 B -4 COUNCIL AGLNDA SYNOPSIS Initials Meeting Date Prepared by 1 a or's review Canna' / review 08/12/13 LH , 09/23/13 LH ,,/ C Motion Date 10/7/13 10/07/13 LH E Bid Award Mtg Date E Public Hearing Mtg Date • Other Mtg Date Mtg Mtg Date ITEM INFORMATION ITEM No. 5.C. 39 STAFF SPONSOR: COUNCILMEMBER ROBERTSON ORIGINAL AGENDA DATE: 8/12/13 AGENDA ITEM TITLE Draft Policy on Councilmember Use of Electronic Devices CATEGORY U Discussion 9/23/13 E Motion Date 10/7/13 111 Resolution Mtg Date fl Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date • Other Mtg Date Mtg Mtg Date ['Mayor ri HR E DCD Finance E Fire E IT 0 P&R E Police E PIV SPONSOR 2 Council SPONSOR'S The Council is being asked to review and approve a draft policy on "Councilmember Use of SUMMARY Electronic Devices." On August 12, the C.O.W. referred this item back to Committee for discussion of a proposed amendment to Section 3 relating to device access. The Committee was not in favor of this amendment (see attached 9/17 FS minutes) and is forwarding for C.O.W. discussion a clean copy of the policy approved by the Committee on July 2 and September 17. REVIEWED BY E COW Mtg. [I] Utilities Cmte DATE: 7/2/13 • CA&P Cmte 31 F&S Cmte El Transportation Cmte Comm. E Planning Comm. CHAIR: ROBERTSON 11 Arts Comm. E Parks AND 9/17/13 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Council Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none $none $none Fund Source: N/A Comments: no general fund impact MTG. DATE RECORD OF COUNCIL ACTION 08/12/13 Referred back to Finance and Safety Committee. 9/23/13 MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 9/10/13. Draft Policy Version 4 - Clean version - approved by the FS Committee on 9/17 Minutes from the Finance and Safety Committee meetings of 7/2/13 and 9/17/13. 10/7/13 39 40 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Dennis Robertson, Finance and Safety Committee Chair DATE: September 10, 2013 SUBJECT: Council Policy on Electronic Devices ISSUE The Finance and Safety Committee has committed to proposing a Council Policy on Electronic Devices used by Councilmembers. BACKGROUND At the June 4, 2013 Committee meeting, Councilmembers reviewed the draft Administrative Policy on "Business Use of Cellular Devices," and considered it as the basis of a similar policy that would be tailored to Councilmembers and be applicable to various devices. This draft Council Policy is based upon that Committee discussion. It also includes elements of a previously reviewed draft policy on Councilmembers' use of iPads. The Committee unanimously approved Version 3 of this policy and forwarded Version 4 containing an additional committee amendment for discussion to the August 12 Committee of the Whole. On August 12, the City Attorney's Office proposed the following additional amendment to Section 3: "A Councilmember's electronic device and the documents contained therein, whether under Option A or B, or on an electronic device they purchased themselves that is used in the course of performing their duties as elected officials, may only have the device data contents accessed to comply with public disclosure per State and Federal law, as part of an employment/ethics investigation, or in case of a technical issue that needs to be addressed by IT staff. " The Committee of the Whole referred this policy back to the Finance and Safety Committee for further discussion of the proposed amendment. DISCUSSION Committee members will review and discuss this draft policy to ensure it meets the previously discussed goals of this subject. RECOMMENDATION This is a draft Council Policy applicable to and implemented by consensus of the Council. If the Committee recommends Council implementation of the draft Policy as amended, the item will be forwarded to the September 23 Committee of the Whole for full Council discussion and to the October 7 Regular Meeting for a motion. ATTACHMENTS Draft Policy: Councilmember Use of Electronic Devices, Version 5 41 42 TUKWILA CITY COUNCIL OPERATING POLICY Number: CC-POL-XX Page 1 of TITLE: Councilmember Use of Electronic Devices PURPOSE: City-owned and managed electronic devices such as mobile phones, tablets, or laptop computers are available for Councilmembers' use in the courSt ':of performing their duties as elected officials. This policy clarifies the role of the Inforrna:01Technology Department in supporting the devices; the Councilmembers' role in usin and reiterates the public records responsibilities of which Councilmembers 09610' e cognizant, whether using a City- owned device or a device they have purchased t (''Selves. REFERENCES: RCW 40.14 — Preservation and Destruction of Pu Record Administrative Policy .----_-_ -' . Administrative Policy 400-04 _n",�00§�x��nnnnmn^n/ l�����inn and. Archives .- ..,. ..__...'-_ A�nniniItr�tiv� P��i�y4OO-O4 .---- _ �_' Administrative Policy 1100-08 — Internet STATEMENT OF ANSINA I. Acquisition an Acquisition ) ==,.^===.=="." Information Technology Department `IT_' and wAll,fvq,,,,qpw, estabit ,,,,,,,0:46'ids,,,,Cellu`'I'gr',"/`device usage is billed on a time-used basis. Ci devicSYind sri=Ji''Cishqqrlci,not be used when a less costly alternative d is safe i8 'cation Tools 2. Progrp, uptions (1) or cornOtin Orth, which is to be used solely for authorized City business purpos4c 'limited incidental personal use allowed. The Councilmember must sign ar: olicy agreement prior to the issuance of a City-owned electronic device. The Councilmember may use the device for rare, incidental, personal use only if no other alternative exists. (2) Financial responsibility: Option A is designed as having no cost to the Councilmember. Ifthe device is cellular, the City may charge for any unauthorized personal use of the electronic device. In this option, the CitywilI not provide compensation or reimbursement to Councilmembers for City business use conducted on cellular devices they have purchased themselves. TITLE: Councilmember Use of Electronic Devices CC-POL-XX Page 2 of 5 B. City Business Use Primary (1) Provisions: The Councilmember 15 assigned a City-owned electronic (cellular or computing) device to be primarily used for City business, allowing personal use only by the Councilmember to whom the device was assigned. It 15 expected that City business will be the majority of the device's use. The Councilmember must sign a policy agreement prior to the issuance of a City-owned electronic device. (2) Financial To compensate the City for the Councilmember's personal usage on a City-owned cellular clevice, Option B requires payment from the Councilmember to the City via an authorized monthly payroll deduction for each cellular device issued. The payroll deduction arrangement must be in place, with verification sent to lTD from the Finance Department, prior to any personal usage and/or cellular device issuance. The rate of 45% ofthe initial standard total monthly charges for each device (rounded up to a whole dollar amount), plus a $5 administrative fee, will be used to determine the on-going monthly rate for the payroll deduction for each device. The initially-determined monthly rate may change if the cellular service charges are increased by the service provider or the rate plan or service provider is changed by the City. Councilmembers who have a cellular device payroll deduction in place will be provided the opportunity to either approve the increased deduction or to opt out of this agreement prior to any increase. In this option, the City will not provide compensation or reimbursement to Councilmembers for City business use conducted on cellular devices they have purchased themselves. 3. Public Records Responsibilities All information, data and communications relating to the conduct of government or the performance of any governmental function that is created or stored on either a City- owned or personal electronic device utilized for City business are considered public records under the PubIic Records Act. A Councilmember's electronic device and the documents contained therein, whether under Option A or B, or on an electronic device they purchased themselves that is used in the course of performing their duties as elected officials, may only have the device data contents accessed to comply with public disclosure per State and Federal law or in case of a technical issue that needs to be addressed by IT staff. Additionally, in court proceedings a legal request can be made for discovery of devices. This can mean that any and all information existing on the device could be deemed as discoverable, beyond what may be disclosable under the Public Records Act. 44 TITLE: Councilmember Use of Electronic Devices CC-POL-XX Page 3 of 5 To comply with these requirements information that may need to be made available for review must be searchable and accessible by the City Clerk or other designated City representative. In order to meet these requirements and maintain transparency in local government, Councilmembers should adhere to the following policy terms to conduct City- related business on an electronic device: • The designated City email address given to each Councilmember (ie: firstname.lastname@TukwilaWA.gov), as well as the City email system, should be the only email address or system used by Councimembers to conduct City-related business. These emails are archived for retention by the Information Technology Department, and are searchable when necessary for public disclosure or discovery requests. • User-created emait accounts including, but not Iimited to, Comcast, Gmail, Yahoo, Hotmail, Zoho, GMX, etc., should not be installed on or utilized by a Councilmember on a City-owned device to conduct City business or for personal use. As stated above, all City-related electronic communication should be conducted via the City's designated email system, regardless of the device used. • Social media applications including, but not limited to, Facebook, Twitter, Linked In, etc., should not be installed or utilized on a City-owned device unless directly required for and related to the conduct of City business. If the social media communication (sent or received) relates to the conduct of City business, it must be retained in accordance with the applicable Washington State Records Retention Schedule and may be disclosable under the Public Records Act. • Documents, notes, photographs, etc. created on an electronic device and presented or referenced in a meeting where City business takes place are considered a City record and must be retained in their native electronic format for the required retention period. Printing out a hard copy is not sufficient to meet retention requirements. • Notes created for a Councilmember's personal City business use, such as to organize their thoughts or formulate potential questions to ask at a meeting, may be considered a transitory record with minimal retention value. Councilmembers may wish to periodically review these types of documents on electronic devices and delete as applicable. • It is advisable for Councilmembers to refrain from using a City-owned electronic device for any activities related to a political campaign. � All electronic records created and/or stored on a City-owned electronic device must be retained for the applicable retention period set forth in the Washington State Records Retention Schedules, which can be viewed in their entirety on the Washington State Archives website. TITLE: Councilmember Use of Electronic Devices CC-POL-XX Page 4 of Public records responsibilities, including retention and disclosure, also apply to records created on an electronic device a Councilmember has purchased themselves, when the device is used in the course of performing their duties as an elected official. Contact the City Clerk with any questions regarding records retention requirements. 4. Mobile Device Management Program for CeIIuIar Devices The City's mobile device management (MDM) program allows remote device management for wiping enterprise data from an electronic device should it become lost or stolen. All City-owned cellular devices participating in all program options are required to be enrolled in the City's MDM program if the device is an MDM-allowed type of device. If a device is not allowed by the MDM program, work email and calendar synchronization will not be authorized for the device. The lTD will fully assist with the enrollment of all City-owned devices. When needed, two types of data removal are possible for MDM devices: one that removes only the enterprise MDM data (connections to City email and network will then be cleared manually), and one that completely wipes all data (including email and network connections) from the device. For all City-owned devices, the type of device wipe to be used will be determined by a mutual decision between the Councilmember and the |TD. The user of a City-owned cellular device should be aware that any personal data on the device, including but not limited to email and contact information, is at risk of being erased from the device at any time and without warning. 5. Security and Safety Cell transmissions are not secure. Therefore, Councilmembers are expected to use discretion in discussing confidential information. Washington State Iaw regulates cellular device usage while driving, prohibiting a wireless device such as a cell phone being held to the driver's ear. RCW 46.61.667 and 46.61.668 provide exceptions for using wireless communication in "hands-free" mode, while driving an authorized emergency vehicle, for summoning emergency help or reporting illegal activity, or other emergency circumstances. State law also bans text messaging while driving. Citations received for any infraction on any device and any costs incurred for legal assistance required will be at the Councilmember's own expense. Be alert when installing free, off-shore originated or otherwise unknown and un- researched applications onto any device as they may pose a security risk by containing malicious content, rerouting your browser to a malicious web page asking for personal information or installing maiware onto your device. Scanning or using QR codes may also pose this same risk. 46 TITLE: Councilmember Use of Electronic Devices CC-POL-XX Page 5 of 5 6. Protection of equipment Reasonable precautions should be taken to prevent the theft of equipment or its unauthorized use. In the event that a device is Iost, stolen, damaged, hacked, or no Ionger in the Councilmember's personal control, ITD is to be contacted immediately so that service and connectivity can be discontinued. END Title: Councilmember Use of Electronic Devices City Attorney Approval Effective Date: Supercedes: Approved by the City Council on the day of 48 FINANCE AND SAFETY COMMITTEE Meeting Minutes July 2'J0J3-5:30p.m.; Conference Room #3 »,�^ Tukwila City of � &�%B%Ca Finance and Safety Committee --- � PRESENT Counci|nembeo: Dennis Robertson, Chair; Verna Seal and De'Sean Quinn Staff: Peggy McCarthy, Jack Pace, Brandon Miles and Laurel Humphrey CALL TO ORDER: Cornrnittee Chair Robertson called the rneeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Amendment to the Settlement Agreement with Doak Homes Staff is seeking Council approval to authorize the Mayor to amend the terms of an existing settlement agreement with Doak Hornes, Inc. In July 2008, the City of Tukwila and Doak Homes, Inc. entered into a settlement agreement regarding several properties in the Allentown neighborhoods, allowing construction of 14 homes on lots not in compliance with minimum lot area requirements. The agreement covered King County parcels O|79O0'l730,Ol790O'|755 and 017900'1855. Construction has been comp!eted on five homes; and the extension will give Doak Homes an additional 36 months to obtain permits for the remaining nine. Because the construction will be some of the highest quality in Allentown, and because this is a good opportunity to test development standards for small lot development, staff recommends amending the settlement agreement as follows: 1. Extend the agreernent for an additional 36 rnonths; and 2. Remove the requirement for Doak to develop the lots in a specific pattern. UNANIMOUS APPROVAL FORWARD TO JULY 15 REGULAR COUNCIL CONSENT AGENDA. B. Council Policy on Electronic Devices Committee members reviewed a draft ^Couocibnco/hur Use of Electronic Devices" policy, which was drafted based upon the June 4, 2013 Committee discussion on th topic. The Committee packet also contained proposed edits from the City Clerk's Office relating to public disclosure. Committee members accepted the edits from the Office ofthe City Clerk, and made u further amendment to Section 3, Public Records Responsibilities, Paragraph 1, as shown: "ACouocUmcmho 'o6cotrooicdcvicoaudthedocomomuconminodcberebo.nb,UermndoOpbonA or B, or on an electronic device they purchased thernselves that is used iri the course ofperforrning their duties as elected officials, may be subject to review by the City and to only be accessed to comply with public disclosure per State arid Federal law." UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW. Finance &Safety Committee Minutes September 17,20Y3— Pape 2 C. Ordinance —Council Compensation Committee Chair Robertson presented an overview of this draft ordinance relating to a proposed increase to Council compensation. The last time compensation for Councilmembers increased was in 2005, when it changed to the current level of $1,050 per month. By comparison, the Mayor's salary has increased 22% over the same period. Because state law prohibits Councilmembers from voting on a compensation increase for themselves during their current term, this ordinance reintroduces the staggering of monthly compensation so that Positions 1, 3, 5, and 7 would increase in January 2014 and Positions 2, 4, arid 6 would receive that increase when the next term begins in January 2016. The draft ordinance also includes a proposal updating the amount Councilmembers would receive for medical reimbursement, which has not changed since 2003. Human Resources staff provided some clarification on the impending changes to Councilmember medical benefits due to the Affordable Care Act. A more detailed presentation as well as a draft resolution will be presented to the Committee on October 8. Committee members agreed to remove the section pertaining to Councihnember benefits from this draft ordinance and consider the issue of compensation separately. Committee rnembers discussed the proposal sal and agreed that the job duties and time commitment have changed significantly since 2005, and that consideration ofan increase to cornpensation is worth pursuing now. It was ultimately requested that when this draft ordinance returns to Committee on October 8, the memo will be updated to include more information about the tine commitment required for Councilmembers as well as compensation levels for other jurisdictions. In addition, language relating to the Mayor's salary will be omitted from the ordinance and information relating to cost of living increases will be included. INFORMATION ONLY. D. Policy — Councilmember Use of Electronic Devices On August 12, 2013, the Committee of the Whole referred this draft policy back to the Finance and Safety Committee for discussion of an additional proposed amendment, shown in underline below: 50 "A Councilmember's electronic device and the documents contained therein, whether under Option A or B, or on an electronic device they purchased themselves that is used in the course of performing their duties as elected officials, may only have the device data contents accessed to comply with public disclosure per State and Federal law, as part of an employment/ethics investigation, or in case of a technical issue that needs to be addressed by IT xtuf[" Committee members, staff, and legal discussed the justification for the additional wording. In the end, the Cornmittee was not in favor of the proposed amendment, and it will be removed from the version going forward. FORWARD TO SEPTEMBER 23 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee Chair Robertson raised the issue of Council approval of vouchers. Currently Councilmembers do not have a legal standard for the process, and he asked if there was merit to requesting a process overview from staff. Committee members agreed this would be beneficial. Staff indicated that the request for a process overview can be accommodated and will return to Committee at a future date. In addition, the City Attorney's Office will research and provide information regarding the legal irnplications of signing off on vouchers. Meeting adjourned at 6:44 p.m. Next meeting: Tuesday, Outobcz8,2O|3-5:3Op.m.—ConfbrenccK000z#3 Committee Chair Minutes �l Approval COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or review Council review 09/23/13 CO XC [2] Ordinance Mtg Date 10/07/13 10/07/13 CO E Other Mtg Date SPONSOR L Council 0 Mayor [E] Cil Atty E DCD .Finance .Fire IT [j] P&R Police E Ply SPONSOR'S RCW 10.101.030 requires all cities that provide public defenses services to establish public SUMMARY defense standards. The statute outlines a number of requirements for these standards. In addition, the statute states that the public defense standards endorsed by the Washington State Bar Association should serve as a guideline to local legislative authorities in adopting standards. The City has not yet adopted public defense standards. Council is being requested to approve the attached ordinance to meet the requirements. REVIEWED BY [1] COW Mtg. 11] E Utilities Cmte E DATE: 09/17/13 CA&P Cmte Arts Comm F&S Cmte E Transportation Cmte Comm. E Planning Comm. CHAIR: ROBERTSON 11 Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Cowin ITEM INFORMATION ITEM No. 5.D. CAS NUMBER: STAFF SPONSOR: RACHEL TURPIN ORIGINAL AGENDA DATE: 09/23/13 AGENDA ITEM TITLE An ordinance establishing public defense standards and TMC 2.70 "Public Defense" CATEGORY [E] Discussion Mtg Date 09/23/13 E Motion Mtg Date E Resolution Mtg Date [2] Ordinance Mtg Date 10/07/13 E Bid Award Mtg Date E Public Hearing Mtg Date E Other Mtg Date SPONSOR L Council 0 Mayor [E] Cil Atty E DCD .Finance .Fire IT [j] P&R Police E Ply SPONSOR'S RCW 10.101.030 requires all cities that provide public defenses services to establish public SUMMARY defense standards. The statute outlines a number of requirements for these standards. In addition, the statute states that the public defense standards endorsed by the Washington State Bar Association should serve as a guideline to local legislative authorities in adopting standards. The City has not yet adopted public defense standards. Council is being requested to approve the attached ordinance to meet the requirements. REVIEWED BY [1] COW Mtg. 11] E Utilities Cmte E DATE: 09/17/13 CA&P Cmte Arts Comm F&S Cmte E Transportation Cmte Comm. E Planning Comm. CHAIR: ROBERTSON 11 Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Cowin City Attorney's Office 'TEE 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 9/23/13 MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 09/10/13 Draft Ordinance Minutes from he Finance and Safety Committee meeting of 09/17/13 10/7/13 51 52 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Rachel Turpin, Assistant City Attorney DATE: September 10, 2013 SUBJECT: An Ordinance Establishing Public Defense Standards and TMC Chapter 2.70 "Public Defense." ISSUE Whether to approve an ordinance establishing public defense standards and TMC Chapter 2.70, "Public Defense." BACKGROUND RCW 10.101.030 requires all cities that provide public defenses services to establish public defense standards. The statute outlines a number of requirements for these standards. In addition, the statute states that the public defense standards endorsed by the Washington State Bar Association should serve as a guideline to local legislative authorities in adopting standards. The City has not yet adopted public defense standards. There are currently several TMC provisions relating to public defense services. These are codified within TMC Chapter 2.68, "Municipal Court." DISCUSSION This ordinance adopts public defense standards that meet the requirements set forth in RCW 10.101.030. The standards established by this ordinance are in large part modeled after the public defense standards endorsed by the Washington State Bar Association, with minor modifications made to tailor them to Tukwila. Adoption of this ordinance would put Tukwila in compliance with state law. In addition, this ordinance would create a new TMC chapter entitled "Public Defense." This chapter would not only include the new public defense standards; it would also include the provisions relating to public defense services that are currently located in TMC Chapter 2.68, "Municipal Court." As the public defender is not part of the Tukwila Municipal Court, provisions relating to public defense services are better codified in a separate chapter. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the September 23, 2013 Committee of the Whole meeting and subsequent October 7, 2013 Regular Meeting. ATTACHMENTS Draft Ordinance Establishing Public Defense Standards and TMC Chapter 2.70, "Public Defense." 53 54 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1472, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 2.68.430, 2.68.440 AND 2.68.450, REGARDING PUBLIC DEFENSE SERVICES; ESTABLISHING TUKWILA MUNICIPAL CODE CHAPTER 2.70, "PUBLIC DEFENSE," TO INCLUDE PUBLIC DEFENSE STANDARDS FOR INDIGENT SERVICES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila prosecutes misdemeanor offenses that are committed by adults within the Tukwila city limits, and the misdemeanor offenses are filed into the Tukwila Municipal Court; and WHEREAS, pursuant to the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington State Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense; and WHEREAS, provisions regarding public defense services are currently codified under Tukwila Municipal Code (TMC) Chapter 2.68, "Municipal Court"; and WHEREAS, the City's public defense services are administrated by the City's executive branch, not the judicial branch, and provisions regarding public defense services should be removed from TMC Chapter 2.68, "Municipal Court"; and WHEREAS, Chapter 10.101 RCW establishes a process for determining indigency, and requires that municipalities adopt standards for the delivery of criminal defense services to the indigent; and WHEREAS, the Washington State Bar Association and Washington State Supreme Court have established guidelines for standards for indigent defense; and WHEREAS, the City currently contracts with several local law firms for the provision of indigent defense services; and W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 1 of 8 55 WHEREAS, the firms that the City currently contracts with dedicate a vast majority of their practices to the defense of indigent misdemeanant defendants, and a majority of each firm's attorneys have extensive experience representing misdemeanant defendants from arraignment through appeal; and WHEREAS, the City prides itself on providing all indigent defendants with the highest quality public defense available at a reasonable cost to the public and wishes to adopt the following standards for the delivery of public defense services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 2.70, "Public Defense," is hereby established to read as follows: Sections: 2.70.010 2.70.020 2.70.030 2.70.040 2.70.050 CHAPTER 2.70 PUBLIC DEFENSE Purpose and Intent Definitions Public Defender Appointment Public Defender — Statement for Services Public Defense Standards Section 2. TMC Section 2.70.010 is hereby established to read as follows: 2.70.010 Purpose and Intent The purpose of this chapter is ensure that indigent criminal defendants receive high - quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel. Section 3. TMC Section 2.70.020 is hereby established to read as follows: 2.70.020 Definitions As used in this chapter, the following terms shall have the meanings set forth in this section: 1. "Attorney." The term "attorney" shall mean an attorney under contract with the City of Tukwila for the provision of indigent defense services, and shall also mean the law firm for which the attorney works. Therefore, these standards shall also apply to law firms who are under contract with the City for the provision of indigent defense services. 2. "Defendant." The term "defendant" shall mean a person who has been charged with a misdemeanor offense in the Tukwila Municipal Court, and who is represented by an attorney as the term "attorney" is defined in TMC Section 2.70.020. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 56 Page 2of8 Section 4. TMC Section 2.70.030 is hereby established to read as follows: 2.70.030 Public Defender Appointment The judge of the Municipal Court of the City is authorized to appoint, on a case -to -case basis as may be required, an attorney licensed to practice before the courts of the State of Washington to act as public defender in representing indigent persons charged with offenses tryable in the Municipal Court and cases appealed therefrom. Section 5. TMC Section 2.70.040 is hereby established to read as follows: 2.70.040 Public Defender — Statement for Services The attorney appointed to act as public defender shall present his statement for services to the City, and the same shall be paid in the same manner as the other obligations of the City. Section 6. TMC Section 2.70.050 is hereby established to read as follows: 2.70.050 Public Defense Standards The following Public Defense Standards are hereby adopted: Standard 1: Compensation. The charges submitted by the public defender and approved by the City Council shall be paid from the current fund. The City's contracts for public defense services should provide for compensation at a rate commensurate with the attorney's training and experience. To attract and retain qualified personnel, compensation and benefit levels should be comparable to those of attorneys and staff in prosecutorial offices in the South King County region. Assigned counsel should be compensated for out -of- pocket expenses. Contracts shall provide for additional compensation for jury trials and appeals. Attorneys who have a conflict of interest shall not have to compensate the new, substituted attorney out of their own funds. Standard 2: Duties and Responsibilities of Counsel. Attorneys shall provide services in a professional and skilled manner consistent with the minimum standards of the Washington State Bar Association, Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the United States and the State of Washington, and the court rules that define the duties of counsel and the rights of defendants. At all times during the representation of a defendant, the attorney's primary responsibility shall be to protect the interests of the defendant. Standard 3: Caseload Limits, Types of Cases, and Limitations on Private Practice. Attorneys shall maintain a caseload such that he or she can provide each and every defendant effective assistance of counsel as guaranteed by these standards. The attorney shall be mindful of the number of open cases for which he or she is counsel of record, the type or complexity of those cases and any W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 3 of 8 57 prospective cases, his or her experience, the manner in which the jurisdiction processes cases, and any private practice in which he or she is engaged. When contracting with an attorney, the City may, if appropriate, limit the number of cases an attorney may handle. Such limitation may be based upon the experience of the attorney, the training the attorney has received, the complexity of the cases being assigned the attorney, defense services the attorney may provide to other municipalities, the scope and extent of the attorney's private practice, justified complaints that may have been made against the attorney, and any other relevant factors. On or before January 1, 2015, the City shall develop and implement a case weighting system as required by Washington State Supreme Court Order No. 25700 -A -1023. Standard 4: Responsibility for Expert Witness Services. The City's contracts for public defense services should provide reasonable compensation for expert witnesses when necessary. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees should be made through an ex parte motion. The defense should be free to retain the expert of its choosing and in no cases should be forced to select experts from a list pre- approved by either the court or the prosecution. Standard 5: Administrative Expenses and Support Services. The City's contracts for public defense services should provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel, telephones, law library including electronic legal research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed by these standards, and other costs necessarily incurred in the day -to -day management of the contract. Public defense attorneys shall have an office that accommodates confidential meetings with clients and receipt of mail, and adequate telephone services to ensure prompt response to client contact. Standard 6: Investigators. Public defense attorneys shall use investigation services as appropriate and shall employ investigators with investigation training and experience. A minimum of one investigator should be employed for every four attorneys. The City's contracts for public defense services shall provide reasonable compensation for investigation services when necessary. Standard 7: Support Services. Public defense attorneys shall have adequate access to support staff and services. At least one full -time legal assistant should be employed for every four attorneys. Fewer legal assistants may be necessary, however, if the agency or attorney has access to word processing staff or other additional staff performing clerical work. Public defenders should have a combination of technology and personnel that will meet their needs. Social work staff should be available to assist in developing release, treatment, and dispositional alternatives. Each agency or attorney should have access to mental health professionals to perform mental health evaluations. Investigation staff should be available as provided in Standard 6 at a ratio of one investigator for every W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 58 Page 4 of 8 four attorneys. Each agency or attorney providing public defense services should have access to adequate and competent interpreters to facilitate communication with non - English speaking and hearing- impaired clients for attorneys, investigators, social workers, and administrative staff. Standard 8: Reports of Attorney Activity. Attorneys shall maintain a case reporting and case management information system, which includes number and type of cases, attorney hours and disposition. This information shall be provided to the City upon request and shall also be made available to the Office of the Administrator of the Courts. Any such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form should be used by those attorneys seeking payment upon completion of a case. For attorneys under contract, payment should be made monthly, or at times agreed to by the parties, without regard to the number of cases closed in the period. Standard 9: Training. The City's contracts for public defense services shall require that attorneys participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. In offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held to inform them of office procedure and policy. All attorneys should be required to attend regular training programs on developments in criminal law, criminal procedure and the forensic sciences. Attorneys in civil commitment and dependency practices should attend training programs in these areas. Offices should also develop manuals to inform new attorneys of the rules and procedures of the courts within their jurisdiction. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and other media. Standard 10: Supervision. Each firm providing public defense services to the City should provide one full -time supervisor for every ten staff lawyers or one half- time supervisor for every five lawyers. Supervisors should be chosen from among those lawyers in the office qualified under these guidelines to try Class A felonies. Supervisors should serve on a rotating basis, and except when supervising fewer than ten lawyers, should not carry caseloads. Standard 11: Monitoring and Evaluation of Attorneys. Attorneys will establish a procedure for systematic monitoring and evaluation of attorney performance based upon publicized criteria. Supervision and evaluation efforts should include review of time and caseload records, review and inspection of transcripts, in -court observations, and periodic conferences. Performance evaluations made by a supervising attorney should be supplemented by comments from judges, prosecutors, other defense lawyers and clients. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers or as dependency or civil commitment advocates. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 5 of 8 59 Standard 12: Substitution of Counsel and Assignment of Contracts. Attorneys should remain directly involved in the provision of representation and shall not sub - contract with another firm or attorney to provide representation without first obtaining the express written permission of the City. If the contract is with a firm or office, the City should request the names and experience levels of those attorneys who will actually be providing the services to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement. Alternate or conflict counsel shall be available for substitution in conflict situations at no cost to the counsel declaring the conflict. Standard 13: Limitation on Private Practice. Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full -time caseload which the public defense cases represent. Standard 14: Qualifications of Attorneys. Attorneys providing defense services shall meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. Be familiar with the Washington Rules of Professional Conduct; and D. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and F. Be familiar with mental health issues and be able to identify the need to obtain expert services; and G. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. H. Each attorney who is counsel alone for a case on appeal to the Superior Court from the Tukwila Municipal Court should have had significant training or experience in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more experienced attorney in preparing and arguing an RALJ (Rules for Appeal of Decisions of Courts of Limited Jurisdiction) appeal. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 60 Page 6 of 8 I. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall: 1. Have filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or 2. Have equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work. Standard 15: Disposition of Client Complaints. Attorneys shall have a method to respond promptly to client complaints. Complaints should first be directed to the attorney, firm or agency that provided representation. If the client feels that he or she has not received an adequate response, they can contact the City Administrator and /or his /her designee to evaluate the legitimacy of complaints and to follow up on meritorious ones. The complaining client should be informed as to the disposition of his or her complaint in writing. Standard 16: Cause for Termination of Defender Services and Removal of Attorney. The City's contracts for indigent defense services shall include the grounds for termination of the contract by the parties. Termination of a contract should only be for good cause. Termination for good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. Removal by the court of counsel from representation normally should not occur over the objection of the attorney and the client. Standard 17: Non - Discrimination. Neither the City, in its selection of an attorney, firm or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, gender, sexual orientation or disability. Both the City and the contractor shall comply with all federal, state, and local non - discrimination requirements. Standard 18: Guidelines for Awarding Public Defender Contracts. The City shall award contracts for public defense services only after determining that the attorney or firm chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards. Contracts should only be awarded to: 1. Attorneys who have at least one year's criminal trial experience in the jurisdiction covered by the contract (i.e., City and District Courts, Superior Court or Juvenile Court), or 2. A firm where at least one attorney has one year's trial experience. City attorneys, county prosecutors, and law enforcement officers should not select the attorneys who will provide indigent defense services. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 7 of 8 61 Section 7. Repealer. Ordinance No. 1472 is hereby repealed, thereby eliminating TMC Sections 2.68.430, 2.68.440 and 2.68.450. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 62 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 8 of 8 FINANCE AND SAFETY COMMITTEE Meeting Minutes September 17, 2013 — 5:30 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Verna Seal Staff: David Cline, Stephanie Brown, Peggy McCarthy, Jennifer Ferrer-Santa Ines, Rachel Turpin, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Consensus existed to take up item D - Sales Tax and Miscellaneous Revenue Report as the first order of business. A. 2013 2'd Quarter Sales Tax and Miscellaneous Revenue Report As information only, staff presented the 2013 2nd Quarter Sales Tax and Miscellaneous Revenue Report. Information detailed in the staff report includes retail sales tax, gambling tax, and admissions tax revenues, with sales tax broken out by industry classifications. Total sales tax collections were $287,000 above those for the same period last year, with new construction sales tax revenues up 80%. Gambling tax revenue is up by approximately 70%, and Admissions Tax is up by about 17% compared with the same period last year. Per previous Committee request, the staff report included new graphical representations of sales tax receipts collected from major industries (retail, services, wholesale, construction, and other) and sales tax mitigation revenue between 2010 through the present. INFORMATION ONLY. B. Ordinance — Establishing Public Defense Standards Staff is seeking Council approval of an ordinance that would establish public defense standards under a new Tukwila Municipal Code Chapter 2.70, "Public Defense." Per State law, all cities that provide public defense services must establish standards endorsed by the Washington State Bar Association. The standards established in this proposed ordinance are modeled after those endorsed by the WSBA with minor modifications tailored to Tukwila. Current TMC provisions related to public defense services will be removed from Chapter 2.68, "Municipal Court," and recodified in the new Chapter 2.70 if this ordinance is adopted. Staff clarified for the Committee that the proposed standards do not represent significant procedural changes for the City, but one highlight will be the creation of a new complaint resolution process. It is likely a practice will be developed wherein public defenders will be asked to sign a statement of affirmation or compliance with the standards. This ordinance presents no financial impact right now, but the adoption of a case weighting system by January 2015 may have associated costs. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 23 COMMITTEE OF THE WHOLE. 63 64 mon City of Tukwila CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice Jim Haggerton, Mayor TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: September 18, 2013 SUBJECT: Report for September 23, 2013 Committee of the Whole Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental • Southwest Kinq County Chamber of Commerce: On September 6 Economic Development staff met with the Chamber of Commerce Chair and CEO to discuss the annual Chamber contracts. • Kinq County Aerospace Alliance: Mayor and staff attended the King County Aerospace Alliance meeting on September 4 held at King County International Airport. The meeting included a presentation from the Governor's Office of Aerospace. The City of Tukwila is now a member of the Washington Aerospace Partnership. • Right Size Parkinq: Staff briefed the City Administrator on an Agreement to participate with King County on a Right Size Parking Demonstration Project for the Tukwila International Boulevard corridor. The project is funded through a grant obtained by King County. The work will be used to assist in the 2014 Comprehensive Plan review and update of the Transportation Corridor Element. • Regional Solid Waste Manaqement - Stakeholders involved in the solid waste system are engaged in a collaborative effort to determine if changes are needed in the current Solid Waste Transfer System Plan. Several alternatives are being analyzed including cancelling capital projects and limiting self -haul operations at certain transfer stations. A draft report is scheduled for release by October 9, 2013. • South Kinq County Mobility Coalition Meetinq: Staff attended a meeting of the South King County Mobility Coalition. The Coalition discussed the efforts of the Policy and Projects Committee. As a member of the Projects Committee staff discussed efforts to get Metro and Sound Transit Mobile ORCA Vending Machines into South King County community events. Members of the Policy Committee discussed efforts to create a White Paper for usage in lobbying for more transit service in South King County. • South Kinq County Food Access Workinq Group: Staff from the cities of Tukwila, SeaTac and Federal Way, along with representatives from the Des Moines Area Food Bank, Seattle King County Public Health, Forterra, Urban Food Link, Seattle Tilth, and Lutheran Community Services met to exchange information about food access issues and opportunities in South King County. Forterra shared information about the Community Liaison program they are working on with Tukwila, as well as new urban agriculture policies and a neighborhood greenways program under development at the City of Federal Way. 65 City Administrator Report Page 2 II. Community Events • Bow Lake Transfer Station - Construction of King County's busiest transfer station (Bow Lake) will be completed in October 2013. A Ribbon Cutting Ceremony will be conducted on October 8, 2013. III. Staff Updates Public Safety • PD Strateqic Planninq: The first Strategic Planning Committee meeting was held on Friday, September 13, 2013, with Berk Consulting facilitating the meeting. We have identified our key sub - topics to be explored and when /how you will work together to form the framework of our strategic plan. A second meeting will be scheduled in the near future to further discuss the plan. Project Updates • Tours of Tukwila International Boulevard: The City led two tours of Tukwila International Boulevard on August 30 and September 5 and included City Council members, School Board members, the Tukwila School District Superintendent and the President of the Southwest King County Chamber of Commerce. • Tukwila Tradinq Company: The Tukwila Trading Company (TTC) grocery store will conclude its lease on October 10. The property ownership will lease the site to Saar's for a value conscious, full - service grocery store starting soon after TTC closes. The building will have an additional 15,000+ square feet available for lease. • New Markets Tax Credits Traininq: Economic Development staff attended training on "new markets tax credits" which may be a mechanism to secure additional funding for development along Tukwila International Boulevard. • Southwest Kinq County Economic Development Initiative: SKCEDI has renamed itself to the Soundside Alliance. A refreshed website with a new logo will be online soon. • Tukwila South Plat: On Friday the Hearing Examiner conducted a public hearing for Segale's proposed 47 preliminary lot plat in Tukwila South. A decision is expected in two weeks. If approved, the applicant will have seven years to request final plat approval, which would require approval by the City Council. • `Take Back Our Boulevard' Video: The `Take Back Our Boulevard' video presented to Council at the September 3 meeting is available for public viewing as a YouTube video and linked from the home page of the City's website. • Gaskill Property - 15010 Macadam Road S — Abatement: This property has been abandoned and was in total disrepair and had become an attractive nuisance for vagrants and illegal dumping. In September the City hired a contractor to remove the garage and shed, all the rubbish and garbage that had been illegally dumped on the property, and to cut back and remove all the overgrowth on the property, resulting in removal of a total of 14.49 tons of rubbish, garbage and debris from the property. The cost for the cleanup was $4,927.50. The City Attorney's office is working on documents for Superior Court to abate the abandoned and dangerous structure. At this time the structure has been secured against entry and the Public Works department is placing ecology blocks in front of the driveway to help prevent further illegal dumping. • High Performinq Orqanizations Workshop: The second High Performing Organizations workshop was held September 16 -18 with Tony Gardner returning to facilitate the discussion. Thirty -five employees participated in the workshop. • Survey Results: Department leaders will be sharing their own department's survey results with their groups and identifying 1 -2 specific target areas to address and incorporate into their goals for next year. 66 City Administrator Report Page 3 • PROS Plan: A Technical Advisory Group meeting is scheduled for September 26 with a Council Update scheduled for October 7. Community Services • Tukwila Coordinate Response Team Meetinq: The Tukwila Coordinate Response team around sexual violence met at the Tukwila School District. Future meetings will focus on the School Resource Information Officer and cultural diversity issues related to child abuse. • Foster Golf Links: Foster Men's Club played their Fall Field Day on September 15 with 100 players participating. Rounds continue to be up 3% for the year and revenues are up 1 %. Winter Rates will go into effect November 1. • Summer Camp Attendance: 2013 summer camp enrollment totaled 1,409 summer camp participants, or an average of 128 kids per week. This represents an increase of nearly 22% over 2012. IV. Responses to Council /Citizen Inquiries • Traffic Speed Alonq S. 1371t —" St.: In follow -up to the concerns expressed by Kathleen McDermott at the August 12, 2013 COW meeting, officers take a pro- active approach in enforcing car vs. pedestrian violations. Unfortunately, we are unable to verify if the vehicle observed by Ms. McDermott was a Tukwila Police vehicle or if it was a surplus "Police Looking" vehicle. • Pedestrians on Tukwila International Boulevard Crossinq at No Crosswalks: Pedestrian violations have been aggressively enforced along Tukwila International Boulevard as part of our "Zero Tolerance" Crime Reduction Initiative. • ADA Parkinq Enforcement and Status of Citizen Volunteers: The Tukwila Police Department actively enforces ADA violations. We will work on future efforts to recruit suitable traffic volunteers as our officer staffing in the Traffic Unit increases. 67 68 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared M 's ezn 2v Council review 09/09/13 BG' CATEGORY El Discussion Mtg Date 09/09/13 ft 09.1-1-61-13- BG A CANCELLED El Public Hearing Mtg Date 09/23/13 BG itmc. kg H- • Finance Fire LJ IT 111 P&R fl Police Z PIF SPONSOR'S This contract is for design of the Sewer Lift Station No. 2 Upgrades. This project will size a SUMMARY new backup generator and motor control system for future growth in the Tukwila South area. Three firms were short-listed from the MRSC Consultant Roster and PACE Engineers were chosen as they have completed lift station design work for the City in the past. Council is being asked to approve the design contract with PACE Engineers in the amount of $70,277.00. REVIEWED BY LI COW Mtg. 11] CA&P Cmte El F&S Cmte El Transportation Cmte Z Utilities Cmte LI Arts Comm. El Parks Comm. fl Planning Comm. DATE: 09/03/13 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR/ADMIN. CommaTEL ITEM INFORMATION ITEM No. SPE 3 69 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 09/09/13 AGENDA ITEM TITLE Sewer Consultant Lift Station No. 2 Upgrades Selection and Agreement with PACE Engineers, Inc. CATEGORY El Discussion Mtg Date 09/09/13 Motion Date 09/16/13 El Resolution Mtg Date El Ordinance Mtg Date El Bid Award Mtg Date El Public Hearing Mtg Date El Other Mtg Date I Mtg SPONSOR LJ Council Mayor fl HR El DCD • Finance Fire LJ IT 111 P&R fl Police Z PIF SPONSOR'S This contract is for design of the Sewer Lift Station No. 2 Upgrades. This project will size a SUMMARY new backup generator and motor control system for future growth in the Tukwila South area. Three firms were short-listed from the MRSC Consultant Roster and PACE Engineers were chosen as they have completed lift station design work for the City in the past. Council is being asked to approve the design contract with PACE Engineers in the amount of $70,277.00. REVIEWED BY LI COW Mtg. 11] CA&P Cmte El F&S Cmte El Transportation Cmte Z Utilities Cmte LI Arts Comm. El Parks Comm. fl Planning Comm. DATE: 09/03/13 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR/ADMIN. CommaTEL Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $70,277.00 $75,000.00 $0.00 Fund Source: 402 SEWER FUND (PAGE 78, PROPOSED 2014 CIP) Comments: Additional funds MTG. DATE RECORD OF COUNCIL ACTION 09/09/13 Forward to Regular Meeting 09/16/13 MTG. DATE ATTACHMENTS 09/09/13 Informational Memorandum dated 08/30/13 (revised after 9/3/13 UC) Consultant Rating Sheet Consultant Agreement with Scope of Work Proposed 2014 CIP, page 78 Minutes from the Utilities Committee meeting of 09/03/13 09/23/13 No attachments 69 70 Upcoming Meetings & Events September /October 2013 23rd (Monday) 24th (Tuesday) 25th (Wednesday) 26th (Thursday) 27th (Friday) 28th (Saturday) ➢ Community Affairs & Parks Crate, 5:15 PM : (CR #M ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) To be immediately followed by a Special Meeting. ➢ Transportation Crate, 5:15 PM (CR #1) National Voter Registration Day! Register on line at King County Elections : wow. kingcounty.gov/ elections /register VOTE 'a tit ak ik ;Ik iNC ➢ COPCAB, 6:30 PM (CR #5) Tukwila Int'l. Action Cmte's Trash Pickup 9:00 — 10:00 vl no For location information contact Sharon Mann 206 -200 -3616 Blvd. Day AM or Commission, Cancelled 30th (Monday) 1st (Tuesday) 2nd (Wednesday) 3rd (Thursday) 4th (Friday) 5th (Saturday) ➢ Arts Commission, 5:30 PM (Community Center) ➢ Joint City Council/ School Board Meeting. 6:30 PM (Foster Golf Links Clubhouse, (13500Interurban Ave S).) > Equity & Diversity Commission, 5:15 PM (CR #3) > 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: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 (A) An Inter•local Agreement with Covington, SeaTac, and Des Moines relating to the Minor Home Repair Program. (C) An ordinance updating the Tukwila Municipal Code for the Park Commission. (D) An ordinance amending the Sign Code. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Thurs., 6:30 PM, Conf Rm #5. Chris Partman (206 -431 -2197) > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Tr•antina at 206 - 433 -1868. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room #3 > Parks Commission: 3rd Wed., 5:30 PM, Meeting Room B at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission /Board of Architectural Review: 6:30 PM, Council Chambers at City Hall. Contact 206 -431 -3670. > Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf. Room #1 (A) Boeing Access Rd Over BNRR Bridge Rehabilitation Consultant Selection and Agreement. (B) Thor•dyke Safe Routes to School Consultant Selection and Agreement. (C) TukwilaMIC Smart Sweet Non-Motorized Project Consultant Selection and Agreement. (D) Tukwila Urban Center — Pedestrian Bridge Acceptance of State Regional Mobility Grant. (E) Southcenter• Parkway Extension project — Project Completion and Acceptance. (F) Proposed 2014 — 2019 Capital Improvement Program Residential, Bridges and Arterial Sweet CIP Projects. > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Br•odin at 206 - 433 -1861 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. 71 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. September 3 (Tuesday) 9 16 23 See agenda packet cover sheet for this week's agenda (September 23, 2013 Committee of the Whole Meeting). October 7 Special Presentations: 14 Special Presentation: 21 28 Special Presentation: - Introduction of 2 new Fire Department employees. - Recognition of Chaplains Patterson and Welker. -PROS Plan Phase 3 Update. Unfinished Business: Pilot Parking Program at Tukwila Light Rail Station. Special Issues: - Future of the Tukwila Historical Society. - Facilities Study Update. An ordinance amending the Comprehensive Plan. -An ordinance adopting Public Defense Standards. - Council policy on use of electronic devises. -A bond ordinance for Local Improvement District No. 33. 72