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HomeMy WebLinkAboutCOW 2008-03-24 COMPLETE AGENDA PACKET J1La,7 Tukwila City Council Agenda o: q COMMITTEE OF THE WHOLE .s: r te (.0,.. e p s Ji til m m Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder 4 Rhonda Berry, City Administrator Dennis Robertson Verna Griffin igpg Joe Duffie, Council President Kathy Hougardy De'Sean Quinn To be followed by a Special Meeting Monday, March 24, 2008, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE 2. SPECIAL SCORE Public Development Authority for a Multi Jurisdictional PRESENTATIONS Misdemeanor Jail Facility; Penny Bartley, Manager of Jail Services, City of Renton. Biennial Budgeting; Kevin Fuhrer, Finance Director. 3. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. Authorize the Mayor to sign a contract with Encore Media West Pg.1 ISSUES for a Seattle Southside full- back -page, four -color advertisement in the 2008 Washington State Visitor's Guide in the amount of $31,873. b. An ordinance providing for the acquisition of land for the Pg.7 purpose of constructing the Tukwila 205 Levee Repair Projects, Site 3 and Site 5; providing for condemnation appropriation; and directing the initiation of appropriate proceedings. c. Update on the National Pollutant Discharge Elimination System Pg.91 (NPDES), Phase II, Stormwater Management Plan (SWMP). d. A resolution updating the City's designated representative to Pg.95 serve 011 the Cascade Water Alliance. e. Discussion on future meetings with local cities. Pg.99 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2200 Res #1661 1. CALL TO ORDER 2. CONSENT Approval of Vouchers. AGENDA SPECIAL MEETING (Continued) March 24, 2008 Page 2 3. UNFINISHED a. Authorize the Mayor to sign a contract with Encore Media West Pg.1 BUSINESS for a Seattle Southside full back -page, four -color advertisement in the 2008 Washington State Visitor's Guide in the amount of $31,873. b. An ordinance providing for the acquisition of land for the Pg.7 purpose of constructing the Tukwila 205 Levee Repair Projects, Site 3 and Site 5; providing for condemnation appropriation; and directing the initiation of appropriate proceedings. 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/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS Initialr ITEM NO. O 1.' i 1 tivfeetinR Date Prepared by 1 Mayor's review I Council review tI is 1 03/24/08 1 KK 1 I I 7908 I I S PE 3 1TEM___=1NFORMATION CAS NUMBER: 08-036 I ORIGLNAL.AGENDA DA1h. MARCH 24, 2008 AGENDA ITEM TITLE Washington State Visitor's Guide Contract for Seattle Southside Advertisement CATEGORY Dzscusszon El Motion Resolution Ordinance BzdAward Public Hearing Other Mtg Date 03/24/08 kftg Date 03/24/08 Mtg Date Mtg Date Mtg Date l itg Date Mtg Date SPONSOR Council Mayor Adra Svcs DCD n Finance n Fire n Legal n P&R El Police PIV I SPONSOR'S The Tukwila Lodging Tax Advisory Committee unanimously recommended at the SUMMARY November 15, 2007 meeting to request the Mayor to sign a contract with Encore Media West. The contract will provide a Seattle Southside full -back page, 4 -color advertisement in the 2008 Washington State Visitor's Guide. The amount of the contract is $31,873 and is a part of the overall 2008 budgeted Media Plan. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. U Planning Comm. DATE: 03/04/08 RECOMMENDATIONS: SPONSOR /ADMIN. Accept Encore Media West contract and authorize Mayor's signature. COMMMri FEE Unanimous Approval; Forward to Committee of the Whole GaST-IMPACT /`FUN .Q_URCE- EYPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $31,873 $31,873 Fund Source: 101.00.557.301.44.15 Comments -MTG: =DATE RECO-RD-QE� C- OUNCIL C A. _T_ION 03/24/08 DATE ATTACHMENTS 03/24/08 Informational Memorandum dated 2/21/08 Encore Media West Contract Copy of the Advertisement Minutes from the Finance Safety Committee meeting of 3/4/08 14 :y C ityofrukwll a r 4 41: 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M Mullet, Mayor 1908 TO: Mayor Finance and Safety Committee FROM: Tourism Program Manager Ai DATE: Feb. 21, 2008 SUBJECT: Washington State Visitor's Guide Contract for Seattle Southside Advertisement ISSUE Authorize Mayor to sign a contract with Encore Media West for a Seattle Southside's full -back page, 4- color ad in the 2008 Washington State Visitor's Guide in the amount of $31,873. BACKGROUND Washington State Visitor's Guide is the official state visitor guide produced in cooperation with Washington Office of Tourism and Washington State Lodging Association. It continues to be one of Seattle Southside Visitor Services most successful paid advertising strategies; with a circulation of 440,000 and reaching over 1,000,000 readers, the total cost per impression is $0.03. DISCUSSION Success is further evidenced by the number of phone calls and walk -ins generated and tracked through the Visitor Center as compared to other placed Seattle Southside advertisements. Additionally, the back page placement offers excellent visibility for Seattle Southside Visitor Services within the tourism industry. The 2008 Seattle Southside Visitor Services media schedule was approved collectively by the Tukwila, SeaTac, Kent and Des Moines Lodging Tax Advisory Committees and included this ad placement. Budget impacts: There is no additional budget request for this item. The cost for this ad is budgeted within the Council approved 2008 Tourism Program budget; however, because the proposed contract amount is over $25,000, it requires Council approval. RECOMMENDATION Authorize Mayor to sign a contract with Encore Media West in the amount of $31,873 for a Seattle Southside full -back page, 4 -color ad in the 2008 Washington State Visitor's Guide. Phone: 206- 433 -1800 City Hall Fax: 206- 433 -1833 e www. ci-tukwila.wa.us O f STATE VISITORS' GUIDE 006 Encore Media West is hereby authorized to insert advertising for the advertiser in accordance with the contract terms and conditions as stated on the accompanying sheet. By signing this agreement, advertiser acknowledges acceptance of these terms and conditions. ADVERTISER INFORMATION (to be published) BILLING INFORMATION Client: Seattle Southside Client: Seattle Southside Contact: Karla Lindula Contact: Katherine Kertzman Address: 14220 Interurban Avenue South Suite Address: Same as left 130, Seattle, WA 98168 Phone /Fax: (206)575 -2489 (206) 575 -2579 Phone /Fax: Same as left E -Mail: Katherine @seattlesouthside.com ORDER INFORMATION Web Address: www.seattlesouthside.com I Display Type: Back cover Size: Region: Seattle, Tacoma and Puget Sound 1 1 Placement: Back cover 1 Color: WSH &LA member? If no, is more information wanted? NO ADVERTISING DETAILS Ad Cost for this Insertion $31,873.00 Total number of classified listings 5 WSH &LA Discount: N/A Total number of Weblinks: N/A AD COST SUBTOTAL: $31,873.00 Annual web link setup fee: N/A PLEASE SELECT ONE OPTION BELOW I, Weblink (please indicate type): Pop 2 N/A *Repeat listing exactly as 2007? Lyes no SUBTOTAL $31 ,873.00 additional grid listings at Notes: per listing: Materials to be sent directly to: vgproduction @encoremediagroup.com TOTAL COST: 1200 dpi line screen $31,873.00 Upon For office use only: Full Payment Due By: Completion EB LA OB Order ID Please send ad materials to Encore Media West (address below) or e -mail your ad to vgproduction @encoremediagroup.com PLEASE COMPL TE SECTION BE 0 TO CONFIRM YOUR ORDER AND FAX TO 425 454 -1666 Accepted By: 1_ Date: �f i Printed Name: 7r /1 ^.'2 kib r v1., Title: EMW Ad Representative: John Deleva Date: Please make check payable to: WASHINGTON STATE HOTEL LODGING ASSOCIATION Please send payment to: Encore Media West, 12715 Bel -Red RD, Ste. 110, Bellevue, WA 98005 Phone. 425.454.1580, x118 Fax: 425.454 1666 Email: visguide @mediawest- adsales.com SEATTLE SOUTHSIDE VISITOR SERVICES / SSVS ADVERTISEMENT ENCORE MEDIA WEST City of Tukwila 0, :o; R._, Finance Safety Committee ,sik i oa FINANCE AND SAFETY COMMITTEE Meeting Minutes March 4, 2008 5:00 p.m. PRESENT Councilmembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Nick Olivas, Derek Speck, Dave Haynes, Mary Miotke, Katherine Kertzman, Viki Jessop, Don Tomaso, Jim Morrow, Kevin Fuhrer, Jack Pace, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Robertson called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Contract for Washington State Visitors' Guide Staff is requesting full Council authorization for the Mayor to sign a contract in the amount of $31,871 with Encore Media West for Seattle Southside's advertisement in the 2008 Washington State Visitors Guide. The price of this advertisement has not increased from last year's price. This full -back page, 4 color advertisement opportunity in the State Visitors Guide continues to be a substantial means for generating referrals from Washington state. The Guide has a circulation of 440,000 and reaches over 1,000,000 readers. UNANIMOUS APPROVAL. FORWARD TO MARCH 24 COW FOR DISCUSSION. B. Westfield Mall Address Changes Fire staff reported on required retailer address changes resulting from the current mall expansion. Every retailer /store/kiosk, with the exception of Macy's and Nordstrom, will receive a new address effective May 1, 2008. Retailers are very interested in having a Southcenter Mall street address. Fire staff carefully assessed the re- addressing process to ensure the system would be easy to understand and apply for emergency response personnel. These changes will result in significant workload impacts on such entities as City departments, 911 dispatch and the post office. INFORMATION ONLY. C. Employee Hiring and Retention The subject of employee hiring and retention was originally brought forth to the Committee by Chief David Haynes; however, several other depaitment heads, which have recently experienced similar difficulties, also expressed concerns related to the hiring and retention of quality employees for the City of Tukwila. A lengthy discussion ensued among Committee members and attendees with the primary concern being expressed by Chief Haynes in the hiring police officers. Part of the problem is the lengthy Civil Service process. Concerns included but were not limited to: a lack of quality candidates (requiring more than one recruitment for open positions); maintaining a competitive edge among other employers; decrease in retention of long -term staff (primarily due to the retirement of "Baby Boomers staffing levels to meet expected customer service levels and the number of staff required to maintain that level; and a lack of succession planning for management positions. Overall, depaitiuent heads expressed that they believe City employees to be the City's most valuable assets. They are aware of the legislative difficulties that surround the issues of employee hiring and retention. Staff recognizes that recruitment and retention difficulties for police officers are not unique COUNCIL AGENDA SYNOPSIS Initials ITEM NO. -1 t o 0 12; Meeting Date Prepared by Mayor's review Council review a: *ui s ip 3/24/08 DIAL 1 .",sc I I J C s. 7 908 46 I 1 1 ITEM INFORMATION CAS NUMBER: 08-037 I ORIGINAL AGENDA DATE: MARCH 24, 2008 AGENDA ITEM TITLE An ordinance providing for the acquisition of land for the purpose of constructing the Tukwila 205 Levee Repair projects. CATEGORY Discussion Motion Resolution Ordinance BzdAzvard U Public. Hearing n Other Alts Dote 03/24/08 Altg Date flits Date Mtg Date 03124/08 z1ltg Date .1 its Date Acts Date SPC )NSOR Council n Mayor n Adm Svcs n DCD Finance Fire 1 1 Legal U P&R n Police PW SPONSOR'S The City is required to obtain additional easements to allow the US Army Corps of SUM\LARY Engineers to repair approximately 1,600 linear feet of levee at two locations that were damaged during the November 2006 flood event. REVILE \X /ED BY COW Mtg. n CA &P Cmte n F &S Cmte Transportation Cmte n Utilities Cmte n Arts Comm. (l Parks Comm. n Planning Comm. DA Ih: 2/26/08 RECOMMENDATIONS: SPONSOR/AMAIN Grant condemnation authority COMMIZ FEE Unanimous approval; Forward to Committee of the YVhole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: King County Flood Control District Comments. The cost to secure the additional easements will be reimbursed through the King County Flood Control fl, e1Y, f MTG. DATE I RECORD OF COUNCIL ACTION 03/24/08 MTG. DATE I ATTACHMENTS 03/24/08 1 Informational Memorandum dated 2/21/08 with attachments /exhibits Ordinance in final form with exhibits Minutes from the Transportation Committee meeting of 2/26/08 INFORMATIONAL MEMORANDUM To: Mayor Haggerton From: Director Public Works Date: February 21, 2008 Subject: Federal 205 Levee Repair Projects Easement Acquisition Issue: Need to obtain property in order for the U.S. Army Corps of Engineers to make necessary repairs to Tukwila's federally certified levee. Discussion: In 1991, the U.S. Army Corps of Engineers built the levee on the western bank of the Duwamish River. The levee runs from approximately 1 -405 southward to S. 196 Street where it turns westward and ties into the hillside. This levee protects Tukwila's Urban Center. One of the conditions associated with the federal project was the requirement for the City and the Corps to enter into a Local Cooperation Agreement that obligated the City to make available without cost to the United States all lands, easements and rights -of -way necessary for the construction, operation, and maintenance of the entire levee. The terms and conditions of this January 1991 agreement still apply today. During the November 2006 flood, the Tukwila levee soils became saturated during the very high flows of the Duwamish River. These high flows caused levee damage in nine different locations. Tukwila requested the Corps to inspect and review these sites. Based upon the inspection, two separate areas (Site 3 and Site 5 See attached Photos 1 and 2), approximately 1,600 linear feet in total, were determined to have severe damage due to toe scour. The Corps analyzed multiple repair alternatives for the two damaged areas. These alternatives included (See Exhibit A): The No- Action Alternative Do nothing. Rejected because the levee is intended to provide flood protection for infrastructure and life. Repair to Pre -Flood Condition Alternative Replace lost levee material; install a blanket of nprap on the levee face from the toe to the 100 -year flood elevation. Returns levee to pre -flood condition but does not alleviate the over steepened bank conditions that lead to the current severe damage. Does not lessen the chance of future scour problems nor reduce the frequency of the maintenance /repair and associated high costs. P•Uim\205 Levee Repair Proj Condemnation.doc 1 Retainin2- Wall Alternative Excavate the levee below the foundation and install a wall on the landward side of the levee footprint; install some of the lost toe rock. Determined not to be the most cost effective option when compared to the other alternatives because of the difficulty to maintain. Remove and Repair with Geo- textile Wrap Wall Alternative Excavate and remove the levee below the foundation and create a soil wrap wall armoring the riverward face. Rejected because the repair would not withstand the expected velocities dunng a 100 -year event. Lavback Levee Alternative Remove the existing levee and lay back the top so that it is further landward than the existing levee crest. Construct a new toe and bench on the riverside to reduce the effects of scour. Deteuniined to provide the proper level of benefits for the least amount of cost for Site 5 and was selected as the repair option. For Site 3 a combination of the "Layback Option" and "Repair to Pre -Flood Condition Option" was chosen because of the existing structure being close to the river.. Non Structural Alternative Relocate all existing commercial and industrial structures within the damaged area protected by the levee. Rejected because it is cost prohibitive. Both of the selected repair options require the City to obtain additional property in order to install the needed toe rock, lessen the over steepened banks, and provide vegetation to help cool the river. See Exhibit B for the geometry of the new bank. King County has agreed to provide the real estate services needed to obtain the property. As with previous projects that have involved acquiring additional property, the City will do everything within its power to work cooperatively with the property owners. However, should the City and King County not be successful in these efforts, condemnation of the property would be required. Attempts will be made to have the property owners donate the additional land needed City already has an easement for part of the land needed for the repair project. If the property owners are unwilling to donate, then the King County Flood Control District has offered to purchase the property. The Corps of Engineers has established a very aggressive schedule for accomplishing the repairs, See Exhibit C. The Corps has clearly stated that if the repairs are not accomplished during this construction season, July through September 2008, they will withdraw their funding of the proposed repair work and the City would then be responsible for making the repairs at City expense, estimated to be at least $1.4 million. Furthermore, the Corps states that if the repairs are not completed before the next flood season, then they will recommend the levee be decertified. Recommendation: Committee forward to the Committee of the Whole and Regular Council with an endorsement to grant condemnation authority. P:Uim\205 Levee Repair Proj Condemnation.doc 2 Exhibits/Photos: 1. Tukwila 205 Site 3 2. Tukwila 205 Site 5 A. Corps Project Information Report Rehabilitation of Flood Control Works, Tukwila 205, GRE -3 -07 B. Tukwila 205 Site 5 (Straight Away Section) C. Seattle District, Corps of Engineers Letter, dated Feb 5, 2008. P Uim\205 Levee Repair Proj Condemnation.doc 3 rte. t t. 7 rirl y Tta 1 'rte s i "-�ih CIEt- 7777- 1 r Q.� 1T Lk 7777_ -r` �-`1 CI 4 3 623046666. :t i s I ca ar r a .c t. Ili ,ae =623O49ff95 s v r= te a y V) tf +r 1 .i. ms �#.r a 36230490 a 3fi23Q -u V 4 T -F t�x �.'t °s ue ss 1 s _�+r sue CUT 4t i z Fo. 1 t 6T i Y f 6 4i T'f` r �-r— ti- x J mot. y1 r .;.�,yssri f r 1z -t r Y t om A-1.1 a-.4. 1 ;754- 'i.' g 7777 F -.c '�-,Y J .Te q! sit. s F o -•_-:.1-:.1,- O s c y 7777 `c' y !!T rr- ;y y t +E R o Not to Scale Photo Date: April 2005 Legend Pat,> Tukwila 205 k� g7 GAy I mitS Site 3 y. GIS Disclaimer. The cation offeahires and y r Tukwila bounda are approximate and are intended fa only. 3 r a z+ e- 90 9' 352 r I Y te Cj g4 3 523556 "s ma 4., :._,74,...,:_a,.$_,...„:„.,.,..„_,I____„,L_:___::___.:__,.,.„2f.._,..7_,____,,,,,,___,,,,.„„_,_,.,_...,_,„,..3 4.- 'r t b 1 e f -te .f' r c-_ fi t M1 y x M s 7 S Pa Dr f��. mil' i xp _a.,. q. 1 3 'x -J =rte. e G- i 4 -v-- 3523046 s s 3 sf 1 -r 5 3�T- A 7 GK l I.:" t_ y [ts ;y c-; j s A at r t .fi. -,s .mil �'c -ss'_` s it_ 7 j Q L F F t y F is _H j- -r i- fir. i f s� -mac w -SFr L rte. 4 I i I t =j 930 �r N �r 1 0 f S f 3 2888905 Not to Scale Photo Date: April 2005 Legend Parcels (76'06) Tukwila 205 m 1-,.."1' M.. Disclaimer Site 5 GIS The location o and S z Tukwilc� bou ndaries are ap proximate and are intended for ref only. PROJECT IN ORMATION REPORT REF-L-kBiLITA C FLOOD CONTROL WORKS TUKI II..A 205 r GR -3 -O PART 1. PROJECT EXECUTIVE SUMMARY PROJECT NAME: Tukwila 205 PROJECT FUNDING CLASS: 310 PROJECT CWIS NUMBER: 091634 NON FEDERAL SPONSOR: City of Tukwila LOCATION AND DESCRIPTION: The Tukwila Section 205 Levee is located on the left bank of the Green River from approximately river mile (RM) 12.6 to RM 17.0, in the City of Tukwila, in King County, Washington. The levees protect a flood plain that extends over 1000 acres of an industrialized area with Light manufacturing, warehouses, and rnajor high end shopping malls to major discount warehouses like Home Depot. While the Corps recently re- certified the Ievees, the County considers them to be over steepened and has prior plans for levee setback and construction of a levee toe buttress at a cost of $1.9 million dollars at one of the damage locations. DESCRIPTION OF DAMAGE: During the November 2006 flood, the Tukwila levee soils became saturated during the peak high flow. The Non federal sponsor, City of Tukwila, requested that the District review 9 potential damage sites, (sites 1 -9). Approximately 1600 linear feet of damage was seen on the levee on the riverward slope (800 linear feet at site 3 and 800 linear feet at site 5). The damage at these two sites is due to toe scour. The other 7 sites were inspected and it has been determined that no action is required at this time (1, 2, 4, 6 -9). PROPOSED REPAIR: The recommended alternative for Site 3 consists of armoring the riverward slopes over the damaged lengths of approximately 800 lineal feet. The Levee will be graded to allow a 2H: 1V slope, a 3 foot blanket of class IV riprap placed for armor rock, then hydro seeded. The proposed repair will return the damaged portions of the levee, restoring the levee to match the pre -flood Level of Protection (LOP). The recommended alternative for Site 5 consists of laying back the existing levee system to an over all 2 1 /2H 1V slope. This will be achieved by setting back the current levee and constructing a 2H: IV levee Bench 2H: 1V levee system. A toe structure will be constructed to prevent future scour and a 3 foot blanket of class IV riprap will be placed for armor rock, then hydro seeded. These features are necessary to return the project to its pre -flood LOP. Exitila A PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRE -3 -07 SUM MPRIZED FINANCIAL AND ECONOMIC DATA: TOTAL CONSTRUCTION COST Total Construction subtotal 1,172,400 S &A (6 70,300 Contingency (10 117,200 Total Construction Cost 1,359,900 I Total Engineering and Design (6 (Fed Cost) 81,600 I Total Project Costs, 100% Federal 1,441,500 B/C ratio 12 POINT OF CONTACT: Doug Weber, CENWS- OD -EM, (206) 764 -3406 2 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GORE -3 -07 PART 2. PROJECT REPORT 1. Proiect Identification a. Project Name: Federally Authorized Tukwila 205 Levee b. Project Funding CIass: 310 c. Project CWIS Number: 091634 2. Proiect Authority a. Classification: Federal b. Authority: CAP, Section 205 c. Estimated original cost of project: Unknown d. Construction completion date of the original project: 1992 e. PL 84 -99 rehabilitations have most recently been completed in: 1996 3. Snonsor a. Sponsor Identification: City of Tukwila POC for City of Tukwila: Ryan Larson, Senior Engineer 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -2456 POC for King County: Andy Levesque, (206) 296 -8379 b. Application for Assistance: (1) Date of Issuance of District's public Notice: 29 November 2006 (2) Date of NFS's written request: 28 December 2006 Additional information: REPORT PURPOSE: This report provides pertinent information regarding the project, the repair plan, estimated quantities, costs and benefit ratios to restore the existing levees to pre -flood condition. Due to the dynamic process of rivers, damages induced by rivers on levees and other structures continuously changes, therefore information including project description, actions etc. contained within this document are subject to change with out notice prior to and during construction. 4. Proiect Location. a. City: Tukwila County: King State: Washington Basin: Green River River: Green River River Mile: 12.6 to 17 River Bank: Site 3 and 5 left bank PROTECT LNFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS C:F.F -3 -07 b. Nanative: The Tukwila Section. 205 Levee is located on the left bank of the Green River from approximately river mile (RM) 12.6 to RM 17.0, in the City of Tukwila, in the Green River Basin in King County, Washington. The _flood plain protection extends over 1000 acres of an industrialized area with light manufacturing, warehouses and major high end shopping malls to major discount warehouses like Horne Depot. 5. Proiect Design. The Tukwila levee system is an urban Flood Control Works (FCW). The system consists of an earthen material levee with armor rock on the riverward side. Slumping has been observed at some locations since 1990. Part of the levee system is described in the 2006 King County Flood Hazard Management Plan: Levee slope is extremely over steepened at approximately 1.4H: 1V to 1.8H: 1V, and therefore lacks adequate structural stability to provide minimum factors of safety for several modes of failure. No toe buttress structure has ever been constructed in this sub reach. The riverward slopes are largely dominated by invasive blackberries and reed canary grass. The Tukwila Levee system was recently re- certified in the Federal Levee Program. Prior to the November 2006 flood, the levee offered greater than 100 -year level of protection (LOP). 6. Disaster Incident: In early November 2006 a large rainfall event fell over Western Washington, including 8.7" inches of rain over a 24 hour period at Howard Hanson Dam. The Green River is regulated by Howard Hanson Dam so that the discharge from the dam combined with the downstream flow doesn't exceed 12,000 cubic feet per second (cfs) at the USGS Auburn gage #12113000. The combination of excessive rainfall and high freezing level produced daily average discharges above 10,000 cfs in the Green River at the Auburn gage for approximately three days with a peak discharge of about 12,000 cfs for a few hours. Based on the regulated discharge at the Auburn gage, daily discharges above 10,000 cfs for one or more days have been observed in 9 of the 44 years since regulation began with Howard Hanson Dam, which has an estimated return interval of approximately 5 years. Peak instantaneous Inflows to the Howard Hanson Dam of 23,500 cfs were observed during this event, which has an estimated return interval of approximately 15 years. Mean Daily discharges at the Auburn gage of between 10,000 cfs and 12,000 cfs have been observed in 10 out of 44 years, which has estimated return interval of approximately 5 years. This yields an estimated return interval for the November 2006 event on the Green River levees of between 5 and 15 years. 4 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRE -07 7. Project Da:r:az °s: The Non- f:.'eral sponsor requested that the District review 9 sites for poter:tial da; a'_es. Peak flow in November 2006 resulted in damac'es to two separate levee sections of the Federally Authorized Lower Green River Flood Control Project. During the site visit on November 18, 2006 flows were —2500 cfs, stave 56.37 ft The levee soils became saturated during the peak high flow. Prior to the flood the Levee offered greater than 100 -year level of protection. In the current damaged state, the Ievee offers 10 -year level of protection (based on failure at flows of 11,500 cfs, stage of 62.3 ft). Damage Locations: 1. Upstream of S. 180 Bridge, Site 3 There is observed 800 feet of toe scour on the bench and levee erosion. The levee slope is nearly vertical and there is toe scour. 2. Across from CAT Dealer Site 5 The Corps observed on the outside bend of the levee approximately 800 feet of toe scour that may have been caused by the high flows. 8. Proiect Perforrnance Data a. Inspection Results. (1) Date of Last Inspection: Fall 2007 (2) Type of Last Inspection: For site 1 immediately following a high water period. For sites 2, 3, and 4 Periodic Inspection of Federal Flood Control Work. (3) Project Condition Code of Last Inspection: Acceptable (4) Status: Eligible b. Sponsor's Annual O &M Costs: Not known c. The levee is well maintained by City of Tukwila. 9. Proiect Alternatives Considered Multiple alternatives were considered including, the No- Action alternative, the Setback Levee Alternative, the Repair to Pre -Flood Condition Alternative and the Non Structural Alternative for all four sites. a. No Action Alternative The No Action Alternative was rejected. The levee is intended to provide flood protection for infrastructure and life. The levee will not perform as designed in its current condition. The results of a levee failure would include damages to businesses and infrastructure in the intended protected area. The area is quite urbanized and there are many people within the immediate area behind the levee, a levee failure in this reach could result in loss of life. b. Repair to Pre Flood Condition Alternative The Repair to Pre -Flood Condition would replace the lost levee material. A blanket of riprap would be placed on the levee face from the toe to the 100 -year elevation. The Ievee side slopes are steep. There is very little room for an adequate toe. The riprap on the 5 PROJECT 1 FOP M A TION REPORT REHABILITATION OF FLOOD CON t ROL WORKS OR, -0 7 a above d: water covered levee face ago ordinary 1'i1�;1 tiVa..er {OYti_,l will C wi:h a soil level anL willows would be planted at the Cl� `av lire. c. Retaining Wall Alternative This repair would involve excavating the levee below the foundation, installing a wall on the landward side of the levee footprint, installing a PCC retaining wall which would allow adding a toe, and gentler slope which would help reduce the effects of scour along this reach. Willows would be planted at the OHW elevation. This solution would return the levee to pre -flood level of protection. This solution was determined not to be the most cost effective when compared to other alternatives with similar protection and as such was not selected. d. Remove and Repair with Geo- textile Wrap wall Alternative Excavate and remove the levee below the foundation and create a soil wrap wall armoring the riverward face. The steep slopes would be accommodated with this alternative. This solution was determined inadequate to withstand the expected velocities during a 100 -year event without additional backslope footprint and was not evaluated further. e. Layback Levee Alternative This alternative would include removing the existing levee and laying back the top so that it is further landward than the existing levee crest. A new toe and bench on the river side will be created to reduce the effects of scour. This alternative provides the proper level of benefits for the least amount of cost for Site 5 and as such has been selected. This is the sponsor preferred alternative. Note that the new toe of the levee is in the same place as the pre -flood condition so therefore the levee itself is not being setback from the river. This is appropriately described as changing the slope of the levee as opposed to a levee setback. A setback levee is defined by moving the entire levee landward, including the toe. In either case, additional real estate rights of way need to be acquired. f Non Structural Alternative This alternative would relocate all existing commercial, industrial and residential structures, utilities and other infrastructure within the damage area protected by this levee system. This was not a viable alternative for our sponsor. The costs associated with this alternative were deemed too high for the level of benefit associated with this alternative. 10. Recommended Alternatives At site 3 (upstream of S 180 bridge): The recommended alternative is also the least cost alternative. It is the repair to Pre -Flood Condition Alternative. This would replace the riprap on the levee face and return the levee to the pre -flood level of protection. The levee overburden will be excavated from the bench; the bench will be graded back to 7.5 feet from 15 feet to allow for a 211: 1V slope. A 3' blanket of Class IV riprap placed on the levee slope from the toe to the approximately 20 feet up the elevation. A lift of topsoil will cover the riprap from the OHW elevation to the crown and hydro- seeded. A 6 PROJECT I�iFORMATION REPORT REHABILITATION 0. FLOOD CONTROL WORKS r t L Y." -3-0 7 lift will planted e t' O, elevation. The re the be 1:= w,,. be aco-l., the H Yia ,,.e r...:�,r_. T::., pa:. Of ti laii'ic`�J �5�.._ Le a total of S OO lin_a: fee At (upstream r' e 1 a The recommended r a h levee 1P 5 l�.Sei �LT71? Gt l:1 fGGe.. »;c 1 %e a:te_::utiv,. 15 the setback Ie e r alternative. This is the Least cost technically acceptable alternative. At this location, the "repair to pre -flood condition" is not acceptable since the scour would occur again. Tne setback levee alternative would involve setting back the existing levee system to an over all 2 1!2H IV slope. This will be achieved by setting back the current levee and constructing a 2H: I V levee Bench 2H: IV levee system A toe structure will be constructed to prevent future scour and a 3 foot blanket of class IV riprap will be placed for armor rock, then hydro seeded. Willows would be planted at the OHW elevation. The repair of the damages will be a total of 800 lineal feet to allow tie in at the upstream and downstream ends. This solution would return the levee to pre -flood level of protection and reduce the effects of scour. A ramp would be constructed to allow equipment access, and would be removed at the end of construction. Should the appropriate real estate rights of way not be acquired in time to allow construction of the preferred alternative this summer, the "repair to pre flood condition alternative" will be constructed within the existing footprint and with available real estate. 11. Real Estate The Tukwila 205 Levee Rehabilitation effort consists of repairing portions of the levee Located in Section 35, Township 23 North, Range 4 East, Willamette Meridian, King County, Washington. The rehabilitation effort involves restoring Site 3 to pre -flood conditions and Site 5 consists of a levee set back. See Section 10 Recommended Alternative for a more detailed description of the proposed repair. The placing of a single line of willows at the ordinary high water line will not require additional land acquisition, however, the Levee set back will. The City of Tukwila is the Non Federal Sponsor (NFS), and will need to provide written acknowledgement of its continued obligations under the January 31, 1999 Local Cooperation Agreement (LCA), to provide the usual a -b -c's before any work is accomplished. The NFS is also responsible for acquiring all lands, easements, and rights of way, and disposal areas and performing any necessary relocations associated with setback of the levee at Site 5. The NFS must demonstrate to the satisfaction of the Corps of Engineers (COE) Real Estate Division that is has sufficient interests and area in the lands identified as necessary for construction, operation and maintenance of the entire rehabilitation effort, including ingress and egress to the levee before the COE advertises for construction. 7 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRE-3-07 The i` S will be required to provide the CCE Real Estate Division with a fully ex lands certification and authorization for entry document attorney's certificate and tide reports not more than 90 days old at the time it certifies all the necessary lands available. For the lands needed for the proposed levee rehabilitation effort the NFS will need to acquire and certify at a minimum the below perpetual levee flood protection easement, permanent road easement for ingress and egress, and temporary work area easement. Flood Protection Levee Easement A perpetual and assignable right and easement in the land described in Exhibit by this reference made a part hereof, to construct, maintain, repair, operate, patrol and replace a flood protection Ievee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging the rights and easement hereby acquired. Perpetual Road Easement A perpetual and assignable easement and right -of -way in, on, over and across the land described in Exhibit for the location, construction, operation, maintenance, alteration and replacement of (a) road(s) and appurtenances thereto; together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right -of -way; (reserving, however, to the grantors, their heirs and assigns, the right to cross over or under the right -of -way as access to their adjoining land [Include the following language if it applies: "at the locations indicated in (Exhibit subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. Temporary Work Area Easement A temporary and assignable easement and right -of -way in, on, over, and across the land described in Exhibit for a period not to exceed one year beginning with date possession of the land is granted to the Grantee for use by the United States, its representatives, agents, and contractors as a work area, including the right to borrow and/or deposit fill, and waste material thereon, move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Lower Green River, Section 205 Flood Control Project (AKA Tukwila 205), Job No. GRE- 03 -07, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject to existing easements for public roads. 8 FRO5ECT INFORMATION REPORT R.EHABILITA T ION OF FLOOD CONJ. ROL WORKS GR- -3 -07 The NFS ma need to provide a suitable dispcsai site by a�:qui7::` a temps racy disposal area (using the above temrorary work area ea.emen:); however, if the NFS is unable to provide a suitable disposal area, then the material will be taken to a commercial site for disposal. The final location of work area easements to support the construction of the rehabilitation effort, including access routes for ease of construction, and the need for a temporary disposal site will be determined in the next phase E &D. Additionally, if the COE, Real Estate Division determines the NFS does not have adequate real property interests for the lands needed for the proposed rehabilitation effort, including additional damage not visible at the time of inspection because of the presence of vegetation, then acquisition of property interests may be necessary. The need for the NFS to acquire or cure its existing property interests could result in further delay of repairing the damaged levee as proposed in the project schedule see section 15 of this report. Also as part of the land certification process for the levee rehabilitation effort and the entire Lower Green River Section 205 Flood Control Project (AKA Tukwila Section 205 Project), the NFS will need to provide title reports, not more than 90 days old at the time of land certification demonstrating its interest in lands. Any questions regarding types or level of property interests needed for the proposed project should be coordinated with COE, Real Estate Division. 12. Economic Evaluation. Benefits attributable to the proposed levee repair are calculated on the difference in probabilities associated with the Level of Protection' (LOP) provided by the levee in the repaired condition compared to the damaged or post event condition. With repair, the levee will be restored to a 100 -year plus level of protection. In accordance with EP500 -1- 1, the economic life applicable to non Federal urban levees shall be 50- years, or the degree of protection afforded by the project, whichever is less. Therefore, the following economic analysis is based on FY07 discount rate of 4.875 percent with an economic life of 50 years. Prior to the event, this levee provided protection from floods with a greater 100 year recurrence interval. The recent high water event caused damages to the levee that degraded the LOP to an event estimated at a 10 -year recurrence interval. The properties protected by this levee are in the north end of the Kent Valley in the city of Tukwila on the left bank of the Green River. Note concerning the use of the phrase Level of Protection. The US Army Corps of Engineers emphasizes that we do not protect against anything, we reduce potential risks; and, damages and descriptions of this risk reduction are given in terms of performance. For example 100 -year Level of protection in terms of risk reduction performance means that there is a 90% probability of containing inside the banks of the river a flow or stage that is expected to have a frequency or annual probability of 1 However, the data requirements and analysis required to define the level of performance is typically out of scope for this level of study, so "Level of Protection" in this document shall imply nothing more than a high probability of containing a flow or stage of the frequency indicated by the specified "Level of Protection 9 PROJECT I ORMA T ION REPORT R HABILIT ATIOti OF FLOOD CONTROL WORKS GRE -3 -07 T. flood r The f plain protected' extends o� ;e. 1000 acres industrialized Pd i' 1 +_G a o. an i ~�ta .s�.:i�,, area with 1 rat manufacturing, warehouses, and major high end shopping malls to major d :scounr warehouses like Home Depot. There are probably hundreds of parcels of land with hundreds of buildings in this part of the flood plain. An evaluation of the first eight parcels in the immediate vicinity of the damaged sites which covered a little over 26 acres of the 1000 plus similar acres showed 9 structures with a total depreciated replacement value of $16 Million. If the levee is not repaired the expected annual damages (EAD) to just these 9 structures and their contents are approximately $1,292,000. With repair the EAD is about $356,000. Therefore the approximate EAD of at least $936,000 in damages are considered as preventable with rehabilitation and taken as benefits. June, 2007 Prices BENEFITS Annual Damage Prevented (EAD) Greater Than 936,000 COSTS First Cost: 1,441,500 Annual Cost: Interest and Amortization (50 years 4.875 77,000 Operation Maintenance 2,000 Total Annual Costs 79,000 Benefit -to -Cost Ratio Greater Than 12 to 1 The following checks were performed: 1. Value property protected Greater Than 16,000,000 2. Value of Cropland: Not Applicable 3. Net Farm Income: Not Applicable Distribution of Project Benefits: There are probably 200 to 400, property owners in the protected area with similar properties. Of the 9 properties selected for analysis at least one, the Home Depot warehouse store had more than 25% of the value of properties analyzed, however if a full inventory were done it is unlikely that any individual beneficiary receives greater than 25 percent of the total project benefits. 13. Environmental The Green river contains spawning populations of fall Chinook, Coho, Pink, and fall chum salmon, and winter and summer steelhead. Small numbers of sockeye salmon are also found. Bull trout use the lower river for feeding and rearing. The project area contains Iimited rearing habitat for these species. No spawning occurs in the project area. 10 PROJECT L'IPORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRE-3-07 The foiJo'vin2 species are listed under the Endangered Species Act (F SA) and rnay be found in the project area: Puget Sound Chinook Threatened Oncorhynchus tshawytscha Coastal /Puget Sound Bull Trout Threatened Salvelinus confluentus Marbled Murrelet Threatened Brachyramphus marmoratus Northern Spotted Owl Threatened Stria occidental's Caurina Puget Sound Steelhead Threatened Oncorhynchus mykiss The project area is critical habitat for Chinook salmon and bull trout. No critical habitat has yet been designated for steelhead. All in -water work will be conducted will be targeted for construction during the in -water work window (July 1 September 15), which was approved for this project by the Washington Depth. talent of Fish and Wildlife (WDFW) and the National Marine Fisheries Service (the published work window for the Green River is August 1 -31). Assuming the preferred alternative is built within the approved work window, it is expected that the project is not likely to adversely affect listed species. Issues: a. Water Quality. Short-term, discountable adverse impacts may result from the repairs to the levee. A temporary increase in turbidity due to fill placement is expected. Turbidity will be monitored during construction. If turbidity exceeds water quality standards, construction will recommence when turbidity returns to acceptable levels. b. Fish and Wildlife. When completed the repair is not intended to lessen habitat conditions as compared with conditions pre existing the flood event. Short-term, discountable adverse impacts may result from construction activities during repairs to the levee. If present, fish and wildlife may be temporarily displaced from this area by short- term increases in noise and turbidity. Proposed plantings should increase the vegetative cover along the levee in the long -term. In water construction will likely occur during the approved WDFW work window. Re- sloping along 800ft of the levee will result in widening of the Green River channel resulting in slight increases in fish habitat. Limited vegetation other than non -native Himalayan blackberry currently exists at the project site. Willow plantings will aid in shading the river and developing a vegetative riparian corridor. 11 PROJECT IN ORMA ION R POR T REHABILITATION OF FLOOD CONTROL WORKS GRE -07 c. Wztlands. A wetlands biologist will deer-�t»e if a reconnaissance of the proposed access alignment, sta2in2 area, and construction footprint will be necessary. Curren:ly no jurisdictional wetlands have been identified. d. Cultural Resources. A search of the Department of Archaeology and Historic Preservation (DAHP) electronic Historic Sites Inventory Database did not produce evidence for the presence of an historic property listed on the National Register of Historic Places (NRHP) or the Washington State Historic Sites Register at or near the two damaged levee locations. The Area of Potential Effects (APE) will include the area to be repaired, new access points and all other area where new ground disturbing activities will take place. Prior to levee repairs a Corps or contract archaeologist will survey the two damaged areas at low water and determine if there is a potential for the proposed Ievee rehabilitations to cause effects to historic properties. Ground disturbing activities on the landward side of the existing levee, such as those associated with the setback of a levee, would have a higher potential of encountering archaeological deposits or materials. If during the survey it is determined that the proposed repairs have a potential to cause effects to historic properties, then archaeological testing may be necessary as part of the survey work. Construction monitoring may also be necessary during certain phases of construction. A National Historic Preservation Act Section 106 compliance report will be prepared that includes the two levee repair sites. The report will include the findings of the investigations for each repair site, including possible subsurface testing, recommendations for archaeological monitoring during construction (if found to be necessary) and a determination of effects to historic properties. If archaeological monitoring is recommended at one or both of the repair locations, the report will include a monitoring plan and protocols to be followed during construction. The protocols will include an inadvertent discovery clause that will apply when an archaeological monitor is not present. The Corps' determinations of effects to historic properties and monitoring plan, if one is required, must be reviewed and concurred with by the DAHP, and reviewed by the Muckleshoot Tribe prior to construction. e. Recreation. This section of levee is part of the Green River Trail in King County. This trail is heavily used by walkers, joggers, cyclists, and other recreational enthusiasts. Construction to repair this part of the levee will temporarily close this section of the trail and cause recreational activities to be routed around the area. f Coordination. The proposed work is formally coordinated throughout the planning, design, and construction phases with the following agencies and Tribe: (1) U.S. Fish and Wildlife Service (2) NOAA Fisheries (3) Muckleshoot Indian Tribe (4) Washington Department of Fish and Wildlife (5) Washington Department of Ecology 12 PROJECT EN REPORT REHABILITATION OP FLOOD CON t? OL WORKS r CRc -0; (6) State "istor... Preservation Office (7) King County (8) City of Tuk..vila Their recommendations will be considered and implemented as appropriate. The design will be coordinated with and reviewed by the above listed agencies. In accordance with ER 200 -2 -2, Procedures for Implementing NEPA, paragraph 8, Emergency Actions, the environmental effects of the proposed levee rehabilitation will be considered during the planning process. An environmental assessment (EA) is being prepared to evaluate probable impacts of the project on the existing environment. Factors addressed by the evaluation include public safety, water quality, wetlands, threatened and endangered species, noise, economics, fish, and wildlife. The EA will be coordinated with applicable Federal and State resource agencies. The NEPA process will be concluded as pursuant to requirements in ER 200 -2 -2. In addition, the requirements for compliance with the ESA will also be completed. The Non federal sponsor will be required to obtain all applicable local and state permits. Pursuant to 33 U.S. Code Section 1344(f)(1)(B), emergency reconstruction of recently damaged parts of levees does not require a Clean Water Act Section 404 evaluation, provided that the work is conducted for maintenance purposes. Analogizing to 33 Code of Federal Regulations section 323.4(a)(2), rehabilitation may not include any modification that changes the character, scope, or size of the original fill design. Concerning scope and size, the proposed repair will not require a Section 404(b)(1) evaluation as long as the footprint of the levee repair that falls within waters of the United States is no larger than the pre damage footprint. All work on this project either will be conducted outside the limits of Section 404, or will result in restoration of the pre- existing levee profile, will remain within the existing footprint, and will be conducted with the same character and materials. Since the application of Section 404 is not triggered, a Section 401 water quality certification from the Department of Ecology is not required. A Coastal Consistency Determination will be completed prior to construction. Analogizing to the Regional Conditions accompanying Nationwide Permit 3, which addresses repair and maintenance of levee structures within Washington, where a Section 401 Certification is not required due to application of 33 U.S. Code section 1344(f)(1)(B), the Coastal Consistency determination need not be submitted to the State for concurrence. g. Environmental enhancement features. Project construction will include the following environmental enhancement features: Approximately 800 linear feet of the levee is proposed to be re- sloped resulting in a slightly wider river channel. Willow stakes will be planted along the repair sections. 13 PROJECT L` ORMATION REPORT RE Ak ILITATION OF FLOOD CONTROL WORKS G R::. -07 14. Interagency Levee Task Force HQ JSACE has not directed activation of an Int_raQencv Levee Task Force for the flood event associated with the November 2006 Hoods in Western Washington. However, informal coordination with FEM.A is ongoin 15. Project Management a. Funding Authority (1) Program and Appropriation: FCCE, 96x3125 (2) Project Funding Class: 310 (3) Project CWIS Number: 091634 b. Project Funds Project Cost Estimate at April 2007 Price Level The cost estimate is presented by the details of each damage site first, followed by a project summary table that adds S &A, Contingency, and E &D. Lower Green River Flood Control Project, Site 5 -800 feet of toe scour and levee erosion Unit of Item Quantity Measure Unit Cost Amount 1 Material Site 5 1 1 1 1 1 Class IV Rinrap 1 7,300 TONS 1 36 1 $262,800 1 Spell Rock (2 -4 1 2,000 TONS 1 20 I $40,000 1 Gravel Filter Material 1 1,000 CY 1 20 1 $20,000 1 1 Granular Fill 1 1,000 CY 1 20 1 $20,000 1 Topsoil 1 400 CY 1 26 1 $10,400 Asphalt (repair damage from trucks /equip on path parking lot) 3,600 SY 22 $79,200 Saw cut and dispose of Asphalt Path and Parking Lot 350 TONS 100 $35,000 Create access ramp (4' high x 60' long x 12' wide) from pkg. lot 50 CY 20 $1,000 Cut out asphalt/levee create ramp to bench then replace 600 CY 5 $3,000 Disposal of access ramp 50 CY 2 $100 1 Disposal of 1 4,000 1 CY 1$ 10 1 $40,000 1 1 14 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS G.P L -1--07 i unsa:isfaczory 1 i 1 material 1 Clearing and 1 grubbing 500 TONS S 100 550,000 I Willows 500 EA 5 51 52,500 1 Hydroseeding 2,000 1 sy 1 10 1 $20,000 1 I I 1 1 1 1 I I Total Materials 1 1 $588,000 1 I 1 1 1 1 HRS Equipment Site 5 (REG) S/HR HRS (OT) S/HR Total I I 1 1 1 Rubber Tire Loader 644, 5 cy bucket with teeth 80 135 40 150 $16,800 Mobilization/Demobi lization 1 LS $2,500 I I I 1 1 I 200 Excavator with hydraulic Thumb and muck bucket 160 150 80 165 $37,200 Mobilization/Demobi lization 1 LS $2,500 I 1 I I 1 I 10 ton roller (for compacting levee when replacing) 80 $100 40 $115 $12,600 Mobilization/Demobi lization 1 LS $2,500 I 1 1 I I I Truck and trailer for material disposal 80 $125 40 $140 $15,600 I 1 I I 1 I Subtotal i 1 1 1 1 $89,700 1 1 1 1 1 Total Equipment and Materials $677,700 Lower Green River Flood Control Project, Site 3 800 feet of toe scour and levee erosion Unit of Item Quantity Measure Unit Cost Amount Material Site 3 1 1 1 1 1 Class IV Riprap 1 7,200 1 TONS 1 36 1 $259,200 1 I Spall Rock (2"-4") 1 2,500 1 TONS 1 20 1 $50,000 1 1 15 PROJECT INFORtiiATION REPORT REHABILITATION OF FLOOD CONTROL ROL W OR: {S GR 0- Gravel Filter Material 1 250 1 CY 1 S 20 I 35.003 I E CY Topsoil 1 75 C I 5 26I 31,9531 1 Asphalt (re ,air damage from trucks /equip on path parking lot) 3,600 SQ 22 $79,200 Saw cut and dispose of Asphalt Path and Parking Lot 350 TONS 100 $35,000 Create access ramp (4' high x 60' long x 12' wide) from pkg. lot 55 CY 20 $1,107 Cut out asphalt/levee create ramp to bench then replace 600 CY 5 $3,000 Disposal of access ramp 55 CY 1 $55 Disposal of unsatisfactory material 1,000 CY 1 $1,000 Clearing and grubbing 100 TONS 100 $10,000 Willows 1 100 1 EA 1 5 1 $500 1 1 i 1 Total Materials 1 I I 1 3446,100 1 1 1 HRS Equipment Site 3 (REG) $/HR HRS (OT) 3/HR Total 1 1 1 1 1 Rubber Tire Loader 644, 5 cy bucket with teeth 40 135 20 150 $8,400 Mobilization/Demobi lization 1 LS $2,500 1 I 1 I I I 200 Excavator with hydraulic Thumb and muck bucket 80 150 40 165 $18,600 Mobilization/Demobi lization 1 LS 32,500 1 1 1 I 10 ton roller (for compacting levee 40 $100 20 $115 $6,300 16 PROJECT INFORMATION REPORT RE ABILI T a TION OF FLOOD CONTROL WORKS CR -3 -07 1 when repiacj i i Mobiiizatic Le' ":ibi lizaticr 1 LS 32.500 1 1 i 1 I Truck and trailer for material disposal 40 5 125 20 5140 37,800 I 1 Subtotal 1 1 1 1 548,600 1 1 1 1 1 1 1 Total Equipment and Materials $494,700 1 TOTAL CONSTRUCTION COST Total 1 Construction subtotal 1,172,400 S &A (6 70,300 1 Contingency (10 117,200 1 1 Total Construction Cost 1,359,900 1 Total Engineering and Design (6 (Fed Cost) 81,600 1 Total Project Costs, 100% Federal 1,441,500 1 I B/C ratio 12 c. Project Repair Schedule The Work Window (work allowed in the water) is 1 August 31 August. Work performed outside this window will only consist of work that is not in the water. RESPONSIBLE MILESTONE PARTY MILESTONE TA KS DATE COE IFITApproval 1 January 29, 2008 COE 1 E &D complete 1 February 15, 2008 COE LOA and LER Cert Documents to Non federal Sponsor, and Designs for Review NLT February 15, 2008 COE 1 Obtain E &D funds 1 Obtained COE 1 E &D review finalized and complete March 6, 2008 City of Tukwila 1 Sign LOA by Non federal Sponsor March 7, 2008 COE 1 Environmental Documentation 1 March 18, 2008 City of Tukwila 1 Non federal Sponsor certifies lands April 4, 2008 City of Tukwila 1 Non federal Sponsor provides cash contribution April 18, 2008 COE 1 RE Division Certifies Lands Available May 2, 2008 COE 1 Solicit contractors May 5, 2008 COE 1 Award contract June 20, 2008 COE 1 Initiate construction July 1, 2008 COE 1 Complete construction September 15, 2008 17 PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONIROL ViOR:XS ORE-3-07 d. Project Authentication Prepared by: Laura Orr, (206) 764 -3575 Emergency Management approval by: Paul Kornoroske, (206) 764 -3406 District -level approval by: Diane Parks (206) 764 -3431 e. Technical Points of Contact Emergency Management: Doug Weber, (206) 764 -3406 Economics: Don Bisbee, (206) 764 -3713 Environmental: Rustin Director, (206) 764 -3636 Cultural resources: Ron Kent, (206) 764 -3576 Engineering and design: Cathie Desjardin, (206) 764 -3542 Program Management: Doug Weber, (206) 764 -3406 Real Estate: Cindy Luciano, (206) 764 -3748 Hydraulics and Hydrology: Lynne Melder, (206) 764 -6471 18 PROJECT INFORMATION R PORT PEliAB LITAT1ONO= FLOOD CONTROL WORKS v Rte. e Appendix A: Project Sponsor's request. for Rehabilitation Assistance. King Canty Water and Land Resources Dlvtsson pr-,a tr at -l'ataraf .r,,cGTs-s.rrd ?arks Yin Sic t Career 261 Sov(h :adwu Slrtet sreta AEC Sc.tt'a, W 933134.3455 ana.ses.assa 2Od- 291.0192 r I)ecember 28 I006 Doug Wcber U.S. Army Corps oft gtneers PO flux C.1755 4735 East Marginal Way Smith Seattle, WA 95124 -2233 RE, NICNS. ni?sr2006 Flood Damgge Rcmicxt fen Yl,-$ 9 hs3i rm Dear 1•Mr, Weber: I first want to take this opportunity to thank you astd yourcolleagurs.1d the tl S. Corps of Engineers- Startle District f ?:1fice for your a.' i-stznceand suplxut as a twat or' November 2406 flood Lunn. The close communication an dam operations And flood damage inspections was imcgral to the success of the coordinated ngiooal response throughout King County. took forward To out continued work together on these efforts. The purpose of this letter is to notify you of flood reefed damages to several levees on the Greco. Mainstent Snoguahrie, South Fork Saoqualtrlic. -Middle Fork S1104uaimie, Raging, Tolt, and Cedar ]tiver5 that occurred as aresclt of the Novembar20U6 tlood tyenl.and to eetticially request the assistance of the LS. Army Cores of Engineers- Seattle Dinlrict Office in constructing levee repairs ar the locadons. Requests for assistance on the White, South Forst Skykoettish the San2rrutmiih Rivers are not be'ng pursued at this Lime. The airachcd table contains brief a emmaries of the darn tgvd levee locations, approximate lengths aerial-sages, preliminary cost estimates, and no on their eligibility for assistance under the PL 84.99 program. The summaries of observed damages ate based on obsetvaliora made by King aunty staff arni, in luau instances, were observed jointly with U.S. Army Corps of Engineers staff following the Swirl event-' 11 is anticipated that joint lowaaarcr inspections of the levee damages idcnlifcd in this lc:tcr veil] lac neala1 in the nc r future to more accurately assess, quantify and prioritize dartlages and associated repair needs along with more, derailed cost cut /motes based on the preferred derign alternative, Please note that our requests for assistance may sistt be augrcatcd AS additional damages are identified as WO continue to ti>ofoughty inspect levers systems through the comity. 19 PROJECT IN OR fATICN REPORT F_EH:aBILITA T ION OF FLOOD CONTROL WORKS E 1 .+`V 1 ten 'Wen-. Mtan. 24- I. ^i:b 1 WO aisv like to inclutte with ibis req +rest rut. assistacce art immedia;c ce- :.gspo;fon efncc portion sif the Fforscilme Fend ivvcc pmt upstream of Central ['Lace to determine whether an emergency rcpir is v•Aer-antvd, Both Xing Cotrn and C.S Army Ca-_;:s of Engine stair recently observed three new sinkholes at the beck slope of this levee, one at whirl: is in tf e same laat:on as ovidenca of front slope movement. ]f emergency repairs are wanapted, 1 would life to request that wa talc.: immediate action to address the damages at this I oration. Kivu County wc;uld like to remain anti vepardcipants in the.development of levee repair design a hcrcta d vcs during preparation of The project infotmacion report for these sties. In addition, we would like to explore options chat would allow the Cana} anti ihr District to play an active role in the detlgn and c atis actionot projes consistent with the 5ucCc30uI4pproF41 currently underway at the Briscoe Levee repair site. Thank you for your consideration is this matter. 11 yon have any yu s(iurs or need aalditinnal Information regt¢ ding this request, or would like to sehtalulc a mmling nr joint inspectitm of t::a sites, please otrritad me ul 206. 296 -K111. eifuhs, Manna River and f hxrdplerin Managnaient hole cc: Andy Levesque, Senior Ett ineer King County River and Floodptoin Manngtmcnt Unit Tam Bean, Senior Engineer, King County River ar.d Floodpiain Management Unit John Koor, CRFCZJ) Pros3nzrt Cotndinator, King County River and Floodplaiti Management Unit Nancy Facgrnbtug, Prograiw'?roject Mariger, King County River and Flucdpiairt Mvtagcnieait Unit Priscilla Kaufmann, Prngrun Project Mr, nauer, King County Rivet: and Flncxiplain Management Unit Deborah Rehm Engineer, King Co:mty River and Floarlpinin Management Unit Anachm=at 20 PROJECT 1.i7 REPORT R.H.ABILIT.ATTON OF FLOOD CONTROL WORKS GRE-3-07 Appendix B: Pro?ct location and ci,- data, maps, and related information J M ATP a iGreerbanx Ni-abaf. a -7 •Jr ts.ral...5 C; C.1.. 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I f• 74 .1 I Y 0 I 0_ ra C L) 4 4' d V., Z 14 v ill OC:C• 4a. 4 t•• 0 _XI c i 4 1 0 1 .1SiAl il 1 u H '4 4 t A ,,--.4 ?g, c ,D.---4,•-•—•.-:„---- c.,--. 40 ,,-.4 1-,...„. -N.,-... t ,-,,-1-„-7, 0 0: t-■ 0 V 0 cad. 0 0 r NO 0 Ard t 4 3 2 D 3 5 ...1 V sAa 0, c,..-0 '.s.... 07;4 •il 4 i t 4 34.........iii,...... 1 ---'11 w \t. f t- 0 CC 0 t Ca C I ISM f- tt jul A ----------------------------------------°3 -1 0 til gl -z_ a I. 5 1 I r 4 1 1 1 1 1 n 1 nt j 1 r I tt .1 t c i% A g n S -1 w. r f_ 1c Q 3 A n 7 a Na 3 c,. _s 3 1 1 x z N 1 1 tin LL 'tom' c 1 I. 1 1 4 Y �e 4 2 —'Y i N_, t i e3.!' ,It h `5 r a Y S.04 4 _p- L� YL 1 ra 1 t` -1 1 1 i 1Sj lull 1 1 0 r 1131 N11���n L____ r___ Appendix Z: PIR Review Checklist Appendix Z: PIR Review Cl!cklist PIR Review Checklist for FCW Rehabilitation ProJects YES NO N/A 1. The project is active in the RIP. [ER, 5 2.a.] 2. The project was damaged by floccd(s) or coastal storm(s). [ER, 5-2.) 3. 7� The Public Sponsor has requested Rehabilitation Assistance in writing. [EP, 5-10.b.] 4. The Public Sponsor has agreed to sign the Cooperation Agreement, which will occur before USACE begins rehabilitation work. [ER, 5-10.3 5. x The estimated construction cost of the rehabilitation is greater than 515,000, and is not considered sponsor maintenance. [ER, 5 -2.q.] 6. X The repair option selected is the option that is the least cost to the Federal government, or the sponsor's preferred alternative is selected with all increases in cost paid by the public sponsor. PIR includes justification for non select of the least cost alternative. [ER, 5 -2.h. and 5- 11.e.(3)] 7. The public sponsor is aware of the opportunity to seek a nonstructural alternative project, and has decided to proceed with a structural rehabilitation. [ER, 5-16] Z. The cost estimate in the PIR itemized the work to identify the Public Sponsor's cost share. [ER, 5-11) 9. The rehabilitation project has a favorable benefit cost ratio of greater than 1.0 :1. [ER, 5 -2.r.I 10. The proposed work will not modify the FCW to increase the degree of protection or capacity, or to provide protection to a Larger area. [ER, 5 -2.n.] 11. X Betterments are paid 100 percent by the Public Sponsor. [5 -2.o.] 12. X The CA contains a provision for 80% Federal and 20% local cost share for non Federal projects. [ER, 5- 11.a.] 13. i x Cost for any betterments are identified separately in the cost estimate. [ER, 5 -2.o.] Page Z- PROJECT INFORMATION REPORT REHABILITATION OF FLOOD CONTROL WORKS GRE-3-07 ATTACHMENTS 27 PROJECT INFORMATION REPORT REH_'ABILITaTION OF FLOOD CONTROL WORKS GiR- -ii FJR Review Checklist for }aCIti R abili aV,cn Prof cts (Cci T ed S NO NJ 14. X Repair of deliberate levee cuts is the responsibility of the public sponsor, except as provided fcr in ER 500 -1 -1, paragraphs 5-2.j. and 4-3.h. [ER, 5-2.j. and 4-3.h.] 15. All deficient and deferred maintenance will be paid for or accomplished by the Public Sponsor, without receiving credit toward any sponsor's cost share. [ER, 5 -2.g.] 16. X Any relocation of Levees is adequately justified. [ER, 5 -2.h.] 17_ USACE assistance does not correct design or construction deficiencies. [ER, 5- 12.a.] 18. y( An assessment of environmental requirements was completed. J [ER, 5-13., and EP, Figure 5-3, paragraph 12.] 19. T The project complies with NEPA, and required documentation was completed and placed in Appendix G of the PIR. [ER, 2 -3.k.; ER, 5-13.; and EP, Figure 5-3, paragraph 12.1 NAPA p ve-css i s utr• it710. 20_ t X The Endangdred Species Act was appropriately considered. [ER, 5 -13.g, and EP, Figure 5-3., paragraph 12.] 4- �Qn9u is ancetrt, 21_ X EO 11988 requirements were considered in the process- of evaluating the proposed project for rehabilitation. [ER, 5.131, and EP, Figure 5-3, paragraph 12.] 22_ 7{ The completed PIR has been reviewed and the PIR Checklist has been reviewed and signed by the Emergency Management Office. [EP, 5- 11.a.(3 )[a)j 23. The completed PIR meets all policy, procedural, content, and formatting requirements of ER 500 -1 -1 and EP 500 -1 -1. [ER, 23.b.] REV) IN FFICIAL'S SIGNATURE A ME TITLE TELEPHONE NUMBER Page 2 -2 28 I r 1 0 0 1 t •44? V tr ti A 1._ 1 1:0_ 1 1 j A Itykii* 9 s. .,-i ..-:•..qe.- "::.'i 11: .11 1 x 1".; f 'Alt; va 1 14.e 1 1/2 1 0 w r .F, 4A, 1 f W 1 A „,..,..,„v.. e 1 1 ��7� DEPARTMENT OF THE ARMY i SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. SOX 3755 SEATTLE, WASHINGTON 98124 -2255 o `pi RcPLY TO �nsos ATTENTION OF FEB 0 5 2008 Operations Division Emergency Management Branch Jim Morrow, P.E., Director Public Works Emergency Management City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, Washington 98188 -2544 RE: Public Law 84 -99 Levee Restoration Job No. GRE -3 -07 of the Lower Green River Section 205 Flood Control Project (AKA Tukwila Section 205 Project) Dear Mr. Morrow: This letter is regarding federal assistance under PL 84 -99 to repair damage to levees included in the Tukwila 205 Lower Levee Restoration Job No. GRE -3 -07. Enclosure 1 is a draft copy of the Project Information Report (PIR) describing the proposed levee repairs. We will provide the City with a final copy of the PIR after receipt of approval from our Division office in Portland, Oregon. As previously discussed with the representatives for the City of Tukwila (hereinafter referred to as the City,) the PL 84 -99 Program provides federal funds for 100 percent of the actual repair costs to a federal assisted levee such as this 205 Flood Control Project. Notwithstanding this assistance, the terms and conditions of the January 31, 1991 Local Cooperation Agreement (LCA), Enclosure 2, between the United States Government and City of Tukwila will still apply to the proposed levee repairs. What this means is the City must continue to comply with the three basic provisions in the Agreement that are generally referred to as the A- B -C's: A. The City must make available without cost to the United States all lands, easements and rights -of -way, necessary for the construction, operation and maintenance of the entire levee. See LCA Articles II. d. Obligations of the Parties; and Article III. Lands, Facilities, and Public Law 91 -646 Relocation Assistance. IA co 2 B. The City must operate, maintain, repair, replace and rehabilitate all of the levee features and prevent any encroachment on the completed work. See LCA Article VIII Operation, Maintenance, Repair, Replacement and Rehabilitation. C. The City must hold and save the United States free from any claims for damages arising out of the construction, operation and maintenance of the Project, except for damages due to the fault or negligence of the Government or its contractors. See LCA Article IX. Release of Claims. Before the Corps can proceed with any repair work the City must acknowledge its continued obligation of providing the A -B -C's presented and more fully described in the LCA of January 31, 1991 by having the Mayor sign in the space provided at the end of this letter. Additionally, the City must acquire and make available by April 4, 2008 or sooner all the lands, easements and rights -of -way necessary for the proposed repair work. Enclosure 3 is a combination Certification of Lands, Attorney's Certificate and Risk Analysis document (in duplicate). By signing the land certification documents, the City certifies that it owns or controls sufficient interest in lands for the entire levee reach for construction, operation, and maintenance of the flood control system. This document also grants the U.S. Government permission to enter at reasonable times and in a reasonable manner upon those lands for the purpose of inspection, and completing, the proposed levee repairs. Also, the City must provide, along with the completed certification documents, the types of supporting documents listed below for the proposed levee repairs; and verify that the City continues to hold sufficient interest in the lands for construction, operation and maintenance of the entire levee by providing a title report. The title report for the entire Section 205 levee reach is for verification that the City continues to hold an adequate interest in the lands. The title reports must not be older than 90 days at the time of land certification by the City. Evidence of defensible title for the proposed levee repairs must include the following legible documentation. Copies of recorded title exceptions. Copies of recorded deeds of conveyance from the owners of record for each parcel of land, including ingress and egress routes to the project site; and temporary work areas needed to support construction. Subordination agreements used to clear title on the lands being acquired. Copies of condemnation judgments or orders, if applicable. To expedite our review of the City's supporting title evidence and Third Party Risk Analysis form, please cross reference the title evidence to a right -of -way drawing, plate map or similar depiction. Additionally, on the attached map labeled Exhibit "A delineate or highlight the boundaries of City's real estate interests and cross reference all the supporting title evidence for the proposed construction project, including the ingress and egress routes; and any staging areas necessary to support construction. By signing the land certification document, the City certifies that it owns or controls sufficient real property interests in the damaged sections of the levee reach lands to construct repairs, and agrees to operate and maintain the entire levee project. Further, by signing this document, the City grants the U.S. Government permission to enter at reasonable times and in a reasonable manner upon those lands for the purpose of accomplishing the rehabilitation effort. After the City completes all of its lands acquisition activities, please have the Mayor, sign and date the Certification Lands documents, Enclosure 3. Please have the City Attorney sign and date the Attorney's Certificate portion of Enclosure 3 and complete the Outstanding Third Party Risk Analysis form. After returning the signed Certification of Lands /Attorney's Certificate /Third Party Risk Analysis documents with supporting title evidence documentation, this office will do a final review for sufficiency of real estate area and real property interests. If the City's documentation is determined acceptable; then the certificate package will be submitted to the Chief of Real Estate Division for review and approval before advertising for construction. An aggressive project schedule is necessary to accomplish construction in a timely manner this summer. If the City does not certify all the necessary lands in accordance with the schedule below, the Corps will not proceed with levee repair and any federal funds allotted for this project will be withdrawn. However, the City will continue to be responsible for the levee repair, at its cost, under the operation and maintenance provisions of the LCA. Furthermore, if repairs are not made before the next flood season, there is significant risk of flood damage, and the Corps will rate the levee unacceptable and make the levee inactive in the Corps levee program. This action could likely lead to FEMA decertification of the levee. For these reasons, it is extremely urgent that the City acquire the necessary real property interests so the proposed repairs can take place this summer. Project Schedule City signs and returns this Letter of Acknowledgment (LOA) March 21, 2008, or sooner City certifies all land available April 4, 2008 COE RE Division approves LER Certificate May 2, 2008 Advertise for construction May 5, 2008 Commence construction July 1, 2008 Complete Construction September 15, 2008 Please have the Mayor sign this letter in the space below and return one original signature of this letter to Ms. Cindy Luciano by March 21, 2008, or sooner and keep one original signature letter for the City's records. 4 If you have any questions regarding the enclosed documents, the non- federal requirements, or real estate process please call Ms. Luciano (206) 764 -3748. For questions regarding design and construction of the project, please contact Laura Orr at (206) 764 -3575 cr Doug Weber at (206) 764 -3406. Sincerely, Pau •mo 'ske, P Chief, Emergency Management Branch Operations Division Enclosures The City of Tukwila, Washington, acting by and through the Mayor hereby acknowledges the City's continued obligations as stated in the Local Cooperation Agreement of January 31, 1991, CITY OF TUKWILA, WASHINGTON By Date Jim Haggerton, Mayor CF: Shelley Kerslake, Attorney for City of Tukwila, 6300 Southcenter Boulevard, Tukwila, WA 98188 Steve Bleifuhs, Section Manager, King County Department of Natural Resources and Parks, 201 South Jackson Street, Suite 600, Seattle, WA 98104 "IS ti -0 C ity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE TUKWILA 205 LEVEE REPAIR PROJECT AT STIES 3 AND 5; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1991 the U.S- Army Corps of Engineers built a Federally- certified levee on the western bank of the Duwamish River, from I-405 southward to S. 196th Street where it turns westward and ties into the hillside; and WHEREAS, in 1991 the City of Tukwila and the U.S. Army Corps of Engineers entered into a Local Cooperative Agreement that obligated the City to make available without cost to the United States all lands, easements and rights -of -way necessary for the construction, operation and maintenance of the entire levee; and WHEREAS, during the November 2006 flood, the Tukwila levee suffered damage in nine different locations, two of which the U.S Army Corps of Engineers has determined need immediate repair in order to maintain the levee's Federal certification, and WHEREAS, the City needs to acquire the property and property rights necessary to facilitate repair of the levee within the time constraints set forth by the U.S. Army Corps of Engineers in their letter to the City, dated February 5, 2008; and WHEREAS, the City Council finds that public health, safety, necessity and convenience demand that Tukwila Section 205 Federally Certified Levee be repaired within the City of Tukwila, in accordance with the U.S. Army Corps of Engineers direction, and that certain properties, property rights, and rights in property be condemned, appropriated, taken and damaged for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUK4!'ILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Declaration of Necessity. The City Council has deemed it necessary and in the best interest of the citizens of Tukwila that the lands described in the attached Exhibit "A" and shown in Exhibit "B," and other property rights and /or rights in property be condemned, appropriated, taken and damaged, for the purpose of repairing the Tukwila Section 205 Levee, Sites 3 and 5. The project requires significant reconstruction of the existing levee, to include placing new toe rock, lessening the over steepened river banks, constructing a mid -slope bench, providing vegetation to help D \Documents and Settings All Users Desktop Kelly \M DATA \Ordinances \Leven Condemnationdoc JM ksn 3/20/2008 Page 1 of 2 cool the river, and related improvements to provide for future access to the sites for maintenance and repair activities. Section 2. Condemnation. Condemnation proceedings are hereby authorized to acquire property and property rights and /or rights in property, together with the right to construct and maintain access easement on certain abutting properties described in the attached Exhibit "A" and shown in Exhibit "B" for the purpose of the subject Levee repairs. Condemnation of the property is subject to the making or paying of just compensation to the owners or possessors thereof, in a manner provided by law. Section 3. Authority of the City Attorney. The attorneys for the City of Tukwila are hereby authorized and directed to begin to prosecute the proceedings provided by law to condemn, take, and appropriate the land and other property and property rights necessary to carry out the provisions of this ordinance. Section 4. Compensation and Source of Funds. Compensation shall be made for the land taken and damaged. The costs and expenses for acquiring all interests and rights in said property shall be paid from the King County Flood Management Control District Fund. Section 5. 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 6. 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 QTY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachments: Exhibit A Easements: 1- Wells Fargo Bank, N.A. 2 La Pianta, LLC 3 Lily Pointe Investments, LLC Exhibit B Site PIans: 1 Tukwila 205 Levee Rehabilitation, Site 3 2 Tukwila 205 Levee Rehabilitation, Site 5 D: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Levee Condemnatioadoc narks„ 3/20/2008 Page 2 of 2 Recording Requested By And Exhibit A -1 When Recorded Mail To: The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson EASEMENT Grantor(s): Wells Fargo Bank, N.A., a national banking association Grantee(s): The City of Tukwila, a municipal dorporation of the State of Washington, and The King County Flood Control Zone District, a quasi municipal corporation Legal Description (abbreviated): Ptn. NW1 /4, 36 -23 -04 Additional legal description on pages 7 14, hereinafter called Exhibits A E. Assessor's Tax Parcel ID 362304 -9094; 362304 -9095; 362304 -9079; 362304 -9017 Project: Tukwila -205 Levee THIS AGREEMENT made this day of 2008, by and between Wells Fargo Bank, N.A., a national banking association, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and and The King County Flood Control Zone District, a quasi municipal corporation, hereinafter collectively called the "Grantees Grantor(s), in consideration of mutual benefits and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and licensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, D and E attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. FIood Protection Levee Easement. A perpetual and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a replace a flood protection levee, pursuant to Public Law 84 -99 Levee Restoration for the Lower Green River Section 205 Flood Protection Project, Job No.GRE -3 -07, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. Page 1 of 14 2. Access Road Easement. A perpetual and assignable easement and right -of -way in favor of the Grantee(s) in, on, over and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the easement and right -of -way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. 3. Temporary Work Area Easement. A temporary and assignable easement and right of way in favor of the Grantee(s) in, on, over and across the land described in Exhibit D for a period not to exceed 2 years beginning with the date of this instrument, for the pupose of a work area including the right to borrow and/or deposit fill and waste material thereon, move, store and remove equipment and supplies, erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of a Flood Protection Levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the temporary work area easement; reserving however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or the rights and easement hereby acquired. A map showing the location of said easements is attached as Exhibit E. Grantor(s) shall have the right to place locked bollards across the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give notice to the Grantor(s) prior to any use of the Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. Page 2 of 14 If in the use of the easements granted above, the Grantee shall damage other property of the Grantor or shall cause damage to the easement area as a result of activity that is not peimitted by the easement, each Grantee shall repair, replace and restore, at the Grantee's sole expense, said damage. Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Easement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year first above written. GRANTOR: Wells Fargo Bank, N.A., a national banking association BY Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington. By: Name: Title: GRANTEE: The King County Flood Control Zone Districta quasi public corporation By: Name: Title: Page 3of14 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of Wells Fargo Bank, N.A., a national banking association that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Wells Fargo Bank, N.A., a national banking association for the uses and purposes therein mentioned, and on oath stated that he /she was duly elected, qualified and acting as said officer of the corporation, and that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. N WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 4 of 14 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 5 of 14 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the King County Flood Control Zone District, a quasi public corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ITT WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 6 of 14 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION PARCEL A: That portion of Government Lot 4, Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180th Street, a distance of 431.81 feet; Thence south 01 °55'07" west a distance of 36.00 feet to the southerly margin of said South 180th Street and the TRUE POINT OF BEGINNING; Thence south 88 °04'53" east along said southerly margin a distance of 257.94 feet; Thence south 11 °05'55" east a distance of 70.94 feet; Thence south 07 °39'54" east a distance of 50.09 feet; Thence south 09 °22'49" east a distance of 50.02 feet; Thence south 15 °06'12" east a distance of 39.16 feet; Thence north 88 °04'53" west a distance of 353.52 feet; Thence north 01 °55'07" east a distance of 155.00 feet; Thence along a curve to the right having a radius of 50.00 feet, an are distance of 78.54 feet through a central angle of 90 °00'00" to the TRUE POINT OF BEGINNING; EXCEPT THAT PORTION conveyed to the City of Tukwila by deed recorded as Recording Number 9203301074. PARCEL B: That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Section 36; Thence south 01 °19'01" west along the west line of said Section 36, a distance of 1320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street a distance of 381.81 feet; (continued) Page7ofl4 LEGAL DESCRIPTION, continued: Thence south 01 °55'07" west a distance of 341.00 feet to the north line of property conveyed to David F. Bolger by deed recorded under Recording Number 7606290589 and the TRUE POINT OF BEGINNNG; Thence north 01 °55'07" east, a distance of 100 feet to the south line of property described in Recording Number 6356645; Thence south 88 °04'53" east, along said south line 353.52 feet, more or less, to the easterly boundary of said Government Lot 4; Thence southerly, along said easterly boundary, to the northeast corner of said Bolger property; Thence north 88 °04'53" west, along said northerly line of the Bolger property, a distance of 376.00 feet, more or less, to the TRUE POINT OF BEGINNING. PARCEL C: That portion of Government Lot 4 in Section 36 and that portion of Government Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 36 a distance of 1355.89 feet to the South margin of South 180th Street; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line a distance of 274.81 feet; Thence along a curve to the right having a radius of 50.00 feet an arc distance of 78.54 feet through a central angle 90 00 00 Thence South 01 13 41 West a distance of 58.00. feet to the TRUE POINT OF BEGINNING; Thence continuing South 01 13 41 West a distance of 197.00 feet; Thence North 88 46 19 West a distance of 2.00 feet; Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet Easterly and parallel to the West boundary line of said Government Lot 4; Thence Northwesterly along said line 30 feet Easterly of and parallel to the West boundary line of said Governenment Lot 4 and a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 1 with the following bearings and distances: NORTH 36 40 03 West a distance of 169.42 feet and North 38 32' 31 West a distance of 172.15 feet to a line 144.00 feet South of and parallel to the North line of said Government Lot 4; Thence South 88 46' 19 East along said line a distance of 390.63 feet, more or less, to the TRUE POINT OF BEGINNING. Page 8 of 14 PARCEL D: That portion of Goverment Lot 4 in Section 36 and that portion of Governemnt Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 26 a distance of 1355.89 feet to the South margin of South 180th Street; Thence Easterly along a curve to the left, the center of which bears North 02 45 45 East having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line a distance of 274.81 feet; Thence along a curve to the left having a radius of 50.00 feet an are distance of 78.54 feet through a central angle of 90 00' 00 Thence South 01 13 41 West a distance of 255.00 feet; Thence North 88 46 19 West a distance of 2.00 feet; Thence South 69 38 41 West a distance of 187.60 feet, more or less, to a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 4 and the TRUE POINT OF BEGINNING; Thence continuing South 69 38 41 West a distance of 31.26 feet to the West boundary line of said Government Lot 4; Thence Northwesterly along the West boundary line of said Government Lot 4 and said Government Lot 1 with the following bearings and distances: North 36 40 03 West a distance of 160.24 feet and North 38 32 31 West a distance of 196.53 feet to a line 144.00 feet South of and parallel to the North line of said Government Lot 4; Thence South 88 46 19 East along said line a distance of 39.03 feet to a line 30 feet Easterly of and parallel to the West boundary line of said Government Lot 1; Thence Southeasterly along said line 30 feet Easterly of the West boundary line of Government Lot 1 and Government Lot 4 with the following bearings and distances; South 38 32 31 East a distance of 172.15 feet and South 36 40 03 East a distance of 169.42 feet to the TRUE POINT OF BEGINNING. PARCEL E: That portion of Government Lot 4 in Section 36, and that portion of Government Lot 1 in Section 35, ALL in Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of said Section 36; Thence South 01 19 01 West along the West line of said Section 36, a distance of 1,355.89 feet to the South margin of South 180th Street and the TRUE POINT OF BEGINNING; Page 9of14 Thence Easterly along a curve to the Left, the center of which bears North 02 45 45 East, having a radius of 336.00 feet, an arc distance of 9.00 feet through a central angle of 01 32 04 to the South line of the North 36 feet of said Government Lot 4; Thence South 88 46 19 East along said South line, a distance of 274.81 feet; Thence along a curve to the right having a radius of 50.00 feet, an arc distance of 78.54 feet through a central angle of 90 00' 00 Thence South 01 13 41 West, a distance of 58.00 feet; Thence North 88 46 19 West to the Southwesterly line of Government Lot 1 of said Section 35; Thence Northwesterly along said Southwesterly line to the Western extension of the North line of Government Lot 4 in said Section 36; Thence South 88 46 19 East along said Westerly extension to a point 142.38 feet West of the Northwest corner of said Government Lot 4; Thence on a curve to the left, the center of which bears North 27 59 36 East, having a radius of 336.00 feet, an are distance of 147.96 feet to the TRUE POINT OF BEGINNING. PARCEL F: An undivided one quarter interest in the private roadway being known as "Sperry Drive described as follows: Beginning at the Nothwest comer of said Government Lot 4; Thence South 88 04' 53 east along the centerline of South 188th Street a distance of 431.81 feet; Thence South 01 55 07 West a distance of 36.00 feet to the Southerly margin of said South 180th Street and the TRUE POINT OF BEGINNING; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet through a central angle of 90 00 00 Thence South 01 55 07 West a distance of 255.00 feet; Thence North 88 04' 53 West a distance of 48.00 feet; Thence North 01 55 07 East a distance of 255.00 feet; Thence along a curve to the left having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 00' 00 Thence South 88 04 53 East a distance of 148.00 feet to the TRUE POINT OF BEGINNING. Page 10 of 14 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION All those portions of Parcels C, D, and E, Exhibit A herein, lying southwesterly and riverward of a line described as follows: Beginning at the Southeast corner of said Parcel C, and running thence along the Southerly boundary line North 88° 46' 19" West a distance of 2.00 feet, and South 69° 38' 41" West a distance of 128.10 feet to the TRUE POINT OF BEGINNING; Thence North 36° 26' 06" West a distance of 460.7 feet more or less to the Northerly boundary of said Parcel E and the terminus of the line so described. Also, all those portions of Parcels A and B, Exhibit A herein, Lying Easterly of a line described as follows: Beginning at the southwest corner of said Parcel B, and running along the Southerly boundary line South 88° 04' 53" East 301.40 feet to the TRUE POINT OF BEGINNING; Thence North 09° 48' 41" West a distance of 305.5 feet more or less to the Northerly boundary of said Parcel A and the terminus of the line so described. Page 11 of 14 EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W•M., in King County Washington, being a strip of land 30 feet in width, lying 15 feet on either side of a centerline described as follows: Beginning at the northwest corner of said section 36; Thence south O1 °19'01" west along the west line of said section 36 a distance of 1,320.01 feet to the northwest comer of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street, a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 291.00 feet to a point located 50 feet northerly from the north line of property conveyed to David R. Bolger by deed recorded under Recording Number 7606290589 and the True Point of Beginning; Thence south 88 °04'53" east along said south line 353.52 feet more or less, to the easterly boundary of said Government Lot 4. Also, That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W•M., in King County Washington, described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,355.89 feet; Thence easterly along a curve to the left, the center of which bears north 02 °45'45" east having a radius of 336.00 feet, an arc distance of 9.00 feet, through a central angle of 01 °32'04" to the south line of the north 36 feet of Government Lot 4 of said Section 36; Thence south 88°46'19" east along said south line a distance of 422.81 feet to the True Point of Beginning; Thence along a curve to the left, the center of which bears south 01 °13'41" west having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00 Thence south 01 °13'41' west a distance of 255.00 feet; Thence north 88 °46' 19" west a distance of 48.00 feet; Thence north 01 °13'41" east a distance of 255 feet; Thence along a curve to the left, having a radius of 50.00 feet, an arc distance of 78.54 feet, through a central angle of 90 °00'00; Thence south 88°46'19" east a distance of 148.00 feet to the point of beginning. Page 12 of 14 EXHIBIT D TEMPORARY WORK AREA EASEMENT That portion of Government Lot 4 in Section 36, Township 23 North, Range 4 East, W.M., in King County Washington, described as follows: Beginning at the northwest corner of said section 36; Thence south 01 °19'01" west along the west line of said section 36 a distance of 1,320.01 feet to the northwest corner of said Government Lot 4; Thence south 88 °04'53" east along the centerline of South 180 Street, a distance of 381.81 feet; Thence south 01 °55'07" west a distance of 341.00 feet to the north line of property conveyed to David R. Bolger by deed recorded under Recording Number 7606290589 and the True Point of Beginning; Thence north 01 °55'07" east a distance of 100 feet to the south line of property described in Recording Number 6356645; Thence south 88 °04'53" east along said south line 353.52 feet more or less, to the easterly boundary of said Government Lot 4; Thence southerly along said easterly boundary, to the northeast corner of said Bolger property; Thence north 88 °04'53" west along said northerly line of the Bolger property, a distance of 376.00 feet, more or less to the True Point of Beginning. Excepting therefrom, the north 20 feet. Page 13 of 14 EXHIBIT E EASEMENT LOCATION DIAGRAlvI (to be included prior to recording) Page 14 of 14 Recording Requested By And Exhibit A-2 When Recorded Mail To: The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson EASEMENT Grantor(s): La Pianta, LLC, a Washington Limited Liability Company Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a political subdivision of the State of Washington Legal Description (abbreviated): Ptn. Gov. Lot 2 and 5, 35 -23 -4 Additional legal description on page hereinafter called Exhibit A. Assessor's Tax Parcel ID#: 3523049121 Project: Tukwila -205 Levee THIS AGREEMENT made this day of 2008, by and between La Pianta, LLC, a Washington Limited Liability Company, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and and The King County Flood Control Zone District, a political subdivision of the State of Washington, hereinafter collectively called the "Grantees Grantor(s), in consideration of mutual benefits and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and licensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, and D attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. Page 1 of 11 2. Access Road Easement. A perpetual and assignable easement and right -of -way in favor of the Grantee(s) in, on, over and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the easement and right -of -way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. 3. Temporary Construction Access Easement. A temporary and assignable easement and right of way in favor of the Grantee(s) in, on, over and across the land described in Exhibit D for the location, construction, operation, maintenance and alteration of a road for levee construction access purposes and appurtenances thereto, for a period not to exceed 1 year from the date of commencement shown herein, for the purposes of ingress together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the temporary construction easement and right -of -way; reserving however, to the owners, their heirs and assigns, the rights to cross over or under the temporary construction easement and right-of-way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. A map showing the location of said easements is attached as Exhibit E. Grantor(s) shall have the right to place locked bollards across the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give notice to the Grantor(s) prior to any use of the Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly Limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. Each Grantee shall repair, replace and restore, at the Grantee's sole expense, any and all damage to the Easements and to Grantor's property caused by the Grantee's exercise of its rights granted under this agreement. Page 2 of 11 Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not Iess than One Million Dollars per occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to self insure. Each Grantee may self- insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Easement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year first above written. GRANTOR: La Pianta LLC, a Washington Iimited liability company BY Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington. BY Name: Title: GRANTEE: The King County Flood Control Zone District, a political subdivision of the State of Washington. BY Name: Title: Page 3 of 11 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of La Pianta LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he /she was duly elected, qualified and acting as said officer of the corporation, and that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 4 of 11 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 5 of 11 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the King County Flood Control Zone District, a political subdivision of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: EXHIBIT A Page 6 of 11 UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording number 9311301961, and Parcel "D" on Boundary Line Adjustment No. L02 -029, recorded under recording number 20021007900001. Page 7 of 11 EXHIBIT B FLOOD PROTECTION LEVEE EASEMENT LEGAL DESCRIPTION All those portions of land described as Lot 4 as shown on Boundary Line Adjustment No. 93- 0085 recorded under recording number 9311301961, and land described as Parcel "D" on Boundary Line Adjustment No. L02 -029, recorded under recording number 20021007900001, lying easterly of a line described as follows: Beginning at a point, being the northeasterly comer of said Lot 4 of Boundary Line Adjustment No. 93 -0085; thence S 73 °57'03" W a distance of 50 feet; thence S 35 °53'04" W a distance of 55 feet; thence S 28 °50'00" W a distance of 80 feet; thence S 34 °14'06" W a distance of 60 feet; thence S 24 °02'09" W a distance of 230 feet; thence S 02 °44'25" E a distance of 785 feet; thence S 82 °57'03" W a distance of 30 feet, to a point on the easterly boundary line of said Lot 4, distant thereon 358 feet northerly more or less from the southeast corner of said Lot 4; thence continuing S 82 °57'03" W to the ordinary high water mark on the left bank of the Green River. Page 8 of 11 EXHIBIT C PERMANENT ACCESS ROAD EASEMENT LEGAL DESCRIPTION Two strips of land located upon Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording number 9311301961, measuring 30 feet in width, 15 feet on each side of centerlines 1 and 2 which are more particularly described as follows: Centerline One: Beginning at the northeast corner of the southwest quarter of the northeast quarter of said Section 35, Township 23 north, Range 4 east, W.M.; thence S 07 °44'56" W a distance of 78.59 feet; thence S 82 °15'04" E a distance of 30 feet, to a point located on the westerly boundary of Lot 1 of said Boundary Line Adjustment No. 93 -0085; thence running southerly and along the westerly boundary lines of said Lots 1 and 4, a distance of 390.73 feet to a point hereinafter referred to as point "A and the True Point of Beginning of said Centerline One; thence S 82°22' 15" E a distance of 305 feet more or less to the ordinary high water mark on the left bank of the Green River, and the terminus of said Centerline One. Centerline Two: Beginning at point "A" herein and running thence southerly and along the westerly boundary line of said Lot and 4, a distance of 887.38 feet to the True Point of Beginning of Centerline Two; thence S 63 °58'20" E a distance of 366 feet more or less to the ordinary high water markon the left bank of the Green River, and the terminus of said Centerline Two. Page 9 of 11 EXHIBIT D TEMPORARY CONS'T'RUCTION ROAD ACCESS EASEMENT LEGAL DESCRIPTION All of Lot 4 as shown on Boundary Line Adjustment No. 93 -0085 recorded under recording number 9311301961. Page 10 of 11 E :°gIT E gTY AND EASE' AV OFYI 1V j -a l a A 2 r' r 3 i s s r t M1 I I t 3. 3"` u t r f t K t q a -+ate a` -s^ :K- fir --_7 i; i i.- T. -.•,-..--.-1: 2 jt 1' [`._^s 2 motif i i t of f "a -a, Pa A} o 11 Recording Requested By And Exhibit A- 3 When Recorded Mail To: The City of Tukwila Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 Attn: Ryan Larson EASEMENT Grantor(s): Lily Pointe Investments, LLC, a Washington Limited Liability Company Grantee(s): The City of Tukwila, a municipal corporation of the State of Washington, and The King County Flood Control Zone District, a quasi public corporation Legal Description (abbreviated): Ptn /4, 36 -23 -04 Additional legal description on page hereinafter called Exhibit A. Assessor's Tax Parcel ID 362304 9087 -04 Project: Tukwila -205 Levee THIS AGREEMENT made this day of 2008, by and between Lily Pointe Investments, LLC, a Washington Limited Liability Company, hereinafter called the Grantor(s), and The City of Tukwila, a municipal corporation of the State of Washington, and and The King County Flood Control Zone District, a quasi public corporation, hereinafter collectively called the "Grantees Grantor(s), in consideration of mutual benefits and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grant and convey to the Grantee(s), their successors and assigns, agents and Iicensees easements (the "Easements for the purposes set forth herein, under, over and upon those limited portions of the Property described in Exhibit A which are more particularly described in Exhibits B, C, and D attached hereto, and by this reference made a part hereof, situated in King County, Washington: 1. Flood Protection Levee Easement. A perpetual and assignable right and easement in favor of the Grantees in the land described in Exhibit B to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. Page 1 of 10 2. Access Road Easement. A perpetual and assignable easement and right -of -way in favor of the Grantee(s) in, on, over and across the land described in Exhibit C for the location, construction, operation, maintenance, alteration, and replacement of a levee access road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the easement and right -of -way; reserving however, to the Grantor(s), their heirs and assigns, the rights to cross over or under the easement and right -of -way for access to their adjoining land; subject however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. 3. Temporary Work Area Easement. A temporary and assignable easement and right of way in favor of the Grantee(s) in, on, over and across the land described in Exhibit D for a period not to exceed 2 years from the date of commencement shown herein, for the pupose of a work area including the right to borrow and/or deposit fill and waste material thereon, move, store and remove equipment and supplies, erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of a flood protection levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other vegetation, obstructions, structures, or obstacles within the limits of the temporary work area easement; reserving however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or the rights and easement hereby acquired. A map showing the location of said easements is attached as Exhibit E. Grantor(s) shall have the right to place Locked bollards across the Flood Protection Levee Easement and Road Access Easement (collectively the "Easements so long as the Grantee(s) are provided a key or combination to access the Easements. Grantee(s) shall give notice to the Grantor(s) prior to any use of the Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. Each Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars per occurance, and provide Grantor with a certificate of insurance or self insurance and will name Grantor, its successors and assigns as Additional Insureds in the event one or both of the Grantee(s) should choose not to Page 2of10 self insure. Each Grantee may self insure its obligations hereunder. Other than in the event of Grantor's gross negligence, each Grantee shall indemnify and hold Grantor, its successors and assigns harmless from all claims, damages or causes of action, including attorneys' fees and court costs, arising from that Grantee's use of the Easements. The rights, conditions, covenants and provisions contained in this Easement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, administrators, executors, successors and assigns and shall run with the land. WITNESSETH, the said Grantor(s) have hereunto signed their names the day and year first above written. GRANTOR: Lily Pointe Investments, LLC, a Washington Limited Liability Company BY Name: Title: GRANTEE: The City of Tukwila, a municipal corporation of the State of Washington. By: Name: Title: GRANTEE: The King County Flood Control Zone Districta quasi public corporation By: Name: Title: Page 3 of 10 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of Lily Pointe Investments, LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that helshe was duly elected, qualified and acting as said officer of the corporation, and that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 4 of 10 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the City of Tukwila, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page 5 of 10 STATE OF WASHINGTON ss. COUNTY OF KING) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the King County Flood Control Zone District, a quasi public corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My commission expires: Page6ofl0 EXHIBIT A UNDERLYING PROPERTY PARCEL(S) LEGAL DESCRIPTION (TO BE DETERMINED). 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II 1 i hh'll'- -2 .1 j r 1 c-,Si I. tf•----,-,-. r"' 1 V I i i, TS-, 1,- rYtil 2-: r• l' T-I 1 11 4 7 4 I 1 d i 1 t 4t 1 i 0 a COUNCIL AGENDA SUVOPSIS y Indtalc ITEm No. ow review ow i G zbleetzng Date Prepared by Mayor's review Council Q i ♦fit' p Y +m '2; 3/24/08 1 RL ,i I Li I Ia C ITEM INFORMATION CAS NUMBER. 08-038 I ORIGINAL AGENDA DATE: MARCH 24, 2008 AGENDA ITE.NI TITLE Stormwater Management Program C-Vi'1,GORY Discussion E Motion Resolution Ordinance Bid Award 1 I Public Hzannd LI Other Mfg Data 3/24/08 Mfg Date A4tg Date Mfg Date Mtg Date Alt; Date tg Date SPONSOR {_f Council Mayor 1 1 Adm Svcs n DCD 1 1 Finance n Fire 1 1 Legal n P &R n Police PIP SPONSOR'S The City is required to develop a Stormwater Management Program (SWMP) that meets SUMNIARY the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II permit administered by the Department of Ecology. The City has completed the first SWMP and this will be submitted to the WSDOE by March 31, 2008. RI;VIE\WWED BY COW Mtg. n CA &P Cmte F &S Cmte 1 Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. 1l Planning Comm. DATE. 3/3/08 RECOMMENDATIONS: SPONSOR /ADMIN. Information only COMMITTEE Forward to Committee of the Whole /Information Only COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 412 SURFACE WATER (PAGE 166, 2008 CIP) Comments MTG. DATE RECORD OF COUNCIL ACTION 3/24/08 MTG. DATE ATTACHMENTS 3/24/08 Informational Memorandum dated 2/27/08 Minutes from the Utilities Committee meeting of 3/3/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: February 27, 2008 Subject: NPDES Phase II Project No. 93 -DR10 Stormwater Management Program ISSUE Approve the City's 2008 Stormwater Management Program. BACKGROUND The National Pollutant Discharge Elimination System (NPDES) requires the City to implement a comprehensive Stoiniwater Management Program (SWMP) which complies with the requirements outlined in the City's NPDES Phase II permit that became effective February 16, 2007. The conditions of the permit require the City to develop a SWIv[P and submit annual reports to the Department of Ecology outlining our progress in meeting permit requirements by March 31 of each year. Once submitted to the Department of Ecology, this plan will be used to determine whether permit obligations are being met. The SWMP document commits the City to activities which have staffing, training, procedural, and documentation requirements which the City must follow. The SWMP will be updated annually to reflect any required changes in our program and to provide greater detail as various programs are fully developed. ACTION TAKEN Working with City staff, Parametrix, the City's consultant, reviewed existing City stormwater utility policies procedures and requirements of the NPDES Permit. A draft SWMP was produced which outlines the City's current and planned activities required bringing us into full compliance with the permit. The plan was written to take credit for activities currently performed and limit new activities to those easily obtainable or strictly required by the permit. The SWMP follows the organization of the NPDES Peiunt and addresses the five required permit components. The five components are as follows: 1 Public Education and Outreach 2 Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4 Controlling Runoff from New Development, Redevelopment, and Construction Sites 5. Pollution Prevention and Operation Maintenance for Municipal Operations Monitoring RECOMMENDATION Forward to the Committee of the Whole for infocination and discussion. RL.sb O Pr}, s•.A- DR Projc.,930RIQ'Info ;.iu-lro Stor:nxal Manage lo- P(an2 f t City of Tukwila m i Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes March 3, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Ryan Larson and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:01 p.m. Committee Chair Griffin amended the agenda to include Item B. Resolution Updating the City's Designated Representative(s) for Cascade Water Alliance. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. NPDES Phase II Stormwater Management Plan (SWWMP) In November 2007, the Council approved a consultant agreement with Parametrix, Inc. for assistance in creating a stormwater management plan as required by the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit. Staff returned to Committee to report on the completion of the first draft of the Stormwater Management Plan (SWMP). The Plan addresses five required components of the NPDES Permit: Public Education and Outreach o Examples: carwash kits, drainage education, distribute educational information Public Involvement and Participation o Examples: provide updates, documents and report information through City publications Illicit Discharge Detection and Elimination o Examples: ordinance, establish hotline, identification training for staff Controlling Runoff from New Development, Redevelopment and Construction Sites o Examples: adopt stormwater manual, annual inspections, review site plans Pollution Prevention and Operation Maintenance for Municipal Operations Monitoring o Examples: establish maintenance standards, ongoing training, spot checks Staff also reviewed other permit requirements as well as a timeline for implementation of these requirements. NPDES Phase II permit is an unfunded mandate for implementing the Department of Ecology's clean water act requirements. Staff considers our City to be further along than several neighboring jurisdictions that are not yet prepared for addressing permit requirements. INFORMATION ONLY. FORWARD TO MACRH 24 COW FOR PRESENTATION. COUNCIL AGENDA SYNOPSIS o 2 Initials ITEM No. 0 S 11'Ieeting Date Prepared by 1 112ayorr review Council review 1 03/24/08 I so I c- L, J I 04/07/08 so I V I v 1 1 ITEM =INFORMATION CAS NUMBER: 08-039 I ORIGINAL AGENDA DATE: MARCH 24, 2008 AGENDA IIEN' TITLE A resolution designating representatives for the Cascade Water Alliance. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/24/08 Mtg Date Mtg Date 4/7/08 Mtg Date Mg Date Mtg Date Mtg Date SPONSOR n Council Mayor Adm Svcs DCD Finance Fire n Legal P &R Police PIV SPONSOR'S Formal designation of Tukwila's representatives for the Cascade Water Alliance is required. SUM MAIRY Mayor Jim Haggerton is the designated representative and Councilmember Verna Griffin is the alternate. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIE: 3/3/08 RECOMMENDATIONS: SPONSOR /ADMIN. Passage of resolution COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $o Fund Source: Comments: 1 MTG. DATE I RECORD OFCO:UNGIL ACTION 3/24/08 1 MTGf DATE ATTACHMENTS 3/24/08 I Resolution in draft form Minutes from the Utilities Committee meeting of 3/3/08 I I I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING THE CITY'S DESIGNATED REPRESENTATIVES TO SERVE ON THE CASCADE WATER ALLIANCE; AND REPEALING RESOLUTION NO. 1418. WHEREAS, the City Council of the City of Tukwila established membership to the Cascade Water Alliance through Resolution No. 1417, and designated representatives to the Alliance by Resolution No. 1418; and WHEREAS, the City wishes to update the designation of its official representatives to said committee; NOW, THEREFORE, THE C1'1'Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Mayor Jim Haggerton is hereby designated as the representative of the City of Tukwila to the Cascade Water Alliance. Councilmember Verna Griffin is hereby designated as the first alternate. Section 2. A copy of this resolution shall be forwarded to the Cascade Water Alliance, Attention: Pam Higbee, 11400 SE 8th Street, #440, Bellevue, Washington 98004. Section 3. Resolution No. 1418, passed on May 3, 1999, is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST AUTHENTICATED: Joe Duffle, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: D'.Documents and SettinaslAll UserOesktop\Kelly\ SDATA\Resolutions`Cascade Water Alliance.dec MD:ksn 320/2008 Page 1 of 1 Utilities Committee Minutes March 3, 2008 Pape 2 B. Resolution Undatina the Citv's Desiznated Representative(s) for Cascade Water Alliance This resolution comes forth to the full Council as a housekeeping item for Cascade Water Alliance. f Pursuant to Section 4.02 of the Cascade Bylaws, the Cascade Board Members and Alternate Board f Members must be appointed by resolution, or by written legislation, of their legislative bodies. The draft resolution repeals Resolution No. 1418 which established the City's membership through Cascade Water Alliance, and updates the designation of Mayor Haggerton as the City's representative to Cascade Water Alliance, and names Councilmember Griffin as the first alternate. At the January 14, 2008, Committee of the Whole meeting, Councilmember Griffin expressed interest in being the alternate representative for the Cascade Water Alliance meetings. UNANIl'IOUS APPROVAL. FORWARD TO MARCH 24 COW FOR DISCUSSION. III. MVHSCELLANEOUS Meeting adjourned at 5:42 p.m. Next meeting: Monday, March 17, 2008 5:00 p.m. Conference Room No. 1. Committee Chair Approval Minh.'es by ,4M. Reviewed by RL COUNCIL AGENDA SYNOPSIS o Initials ITEM NO. r I�t 0 Meeting Date 1 Prepared by 1 Mayor's review Council review 1 s•i 03/24/08 1 co 16-6e; 1 ITEM- INFORMATION CAS NUMBER: 08-040 I ORIGIN AI, AGENDA DATE: MARCH 24, 2008 AGENDA ITEM TITLE Future meetings with local area cities. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing (l Other Mtg Date 03/24/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police n PW I SPONSOR'S At the March 17, 2008 Regular Meeting, the Council President asked the full Council to SUNDA RY consider how they would like to handle meeting with officials from local area cities. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte (1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Council President COI- IMrrILE N/A COST- IMPACT FUND =SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 3/24/08 =MTG. DATE= ATTACHMENTS 3/24/08 No attachments Upcoming Meetings Events MARCH APRIL 2008 24th (Monday) 25th (Tuesday) 26th (Wednesday) 27th (Thursday) 28th (Friday) 29th (Saturday) Community Transportation COPCAB, Planning Affairs Cmte, 6:30 PM Commission, Strike Out Hunger Parks Cmte, 5:00 PM (CR 45) 7:00 PM event to benefit 5:00 PM (CR 41) (Council Tukwila Food Pantry (CR #3) Chambers) 9:00 AM to 12:00 NOON ACME Bowl Visit www.Tukwila City Council Ready! for Rotary.org or call Committee of Tracy at 206- 992 -4578. the Whole Kindergarten Mtg., Classes for parents 7:00 PM and caregivers of Highway 99 (Council children ages birth Trash Pickup Day Chambers) to 5 years. 9:00 10:00 AM FREE! For location call Donna C O.W. to be at 206 -242 -5556 immediately 6:00 PM followed by (Class for returning a Special families begins at Kids Appreciation bay Meeting 6:30 PM) 11:00 AM to 2:00 PM Thorndyke Tukwila Community K.C. Council Elementary School Center Town Hall Free childcare FREE! Games, crafts, Meeting hosted available. prizes, and family fun! by King County Call 206 -901 -7663 Councilmember or e A Tukwila Centennial event: Julia Patterson ReadyforK@ Specralceateanicrt "Equity and Social tukwila_wednetedu m i`` Justice Initiative" pet zezace 6e Public reception at plantet awd 6:00 PM; program from coaryaeeic 1 6:30 to 8:30 PM. Walt Wagtrerz (Senior Activity 7:30 PM Center at Foster Performing Arts 600 Fast Smith St. Center in Kent, Nash) Call 1- 800 838 -3006 or For more visit www.BrownPaper information call Tickets.com/eventl 206 -296 1005 26554 31st (Monday) 1st (Tuesday) 2nd (Wednesday) 3rd (Thursday) 4th (Friday) 5th (Saturday) Fifth Monday of Chamber of Sister City Equity A Tukwila Centennial event: the month (no Commerce Cmte, Diversity Council meeting Gov't. 5:30 PM Commission Hops Props scheduled) Community (CR #3) 5:00 PM ,4n elegant craft beer Affairs Cmte., (Showalter tasting event 12:00 NOON Middle School 7:00 to 10:00 PM (Chamber Library) Museum of Flight Office) 50 craft breweries from 8 states and 5 countries will Arts share their specialties. Commission, For more information Court 5:00 PM visit (Community wmemuseumof ight. org Center) >Arts Commission: I st Tues., 5 :00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. >Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206 575 1633. 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. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 43. Agenda items for 3/24/08 meeting: (A) Contract for Tukwila Community Schools Collaboration. (B) Development of an interpretive center at Fort Dent Park (C) Contract amendment with Commercial Development Solutions (Lisa Verner). (D) 2007 Fourth Quarter report COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 45. Phi Huynh (206- 433 7175). Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Mate] at 206 -433 -1834. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 43. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dcrve Haynes at 206 433 -1812. >Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 43. Contact Bev Willison at 206 -433 -1844. Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf Room 41. Agenda item for 3/25/08 meeting: (A) Tukvila's traffic calming program. >Utilities Committee: 1st 3rd Mon., 5 :00 PM, Conf. Room 41. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). Tentative Agenda Schedule MONTH MEE'1'1NG 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. March 3 10 17 24 3P Fifth Monday of the See agenda packet month -710 Council cover sheet for this meeting scheduled week's agenda (March 24, 2008 Committee of the Whole Meeting) CO\LMII7 i-t. OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL ?Vitt I INC April 7 14 21 28 Special Presentation: Special Presentation: Seattle Southside's City volunteer 2008 Report to the program Community (Tracy Gallnwmj, (Katherine Kertzman) Volunteer Coordinator) Unfinished Business: Special Issues: Resolution updating Tukwila Village the City's designated Request for Proposals representative to serve on the Cascade Water Alliance May 5 12 19 27 (Tuesday) 26th Memorial Day (City offices closed)