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HomeMy WebLinkAboutReg 2008-02-19 COMPLETE AGENDA PACKET =w w Tukwila City Council Agenda D REGULAR MEETING o• v s, f�� Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder �„r_. Rhonda Berry, City Administrator Dennis Robertson Verna Griffin 1908 Joe Duffle, Cou President Kathy Hougardy De'Sean Quinn Tuesday, February 19, 2008; 7 :00 PM Ord #2198 Res #1657 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL Introduction of New Employee; Stephanee Myers, Police Records Specialist. PRESENTATIONS Centennial Media Report; Katherine Kertzman, Tourism Manager. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please limit COMMENT your comments to five minutes per citizen). To comment on an item listedon this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Minutes: 2/4/08 (Regular) AGENDA b. Approval of Vouchers. 5. PUBLIC An amendment to the existing agreement with Starfire Sports to convert the Fort Dent Pg.1 HEARING softball fields into soccer fields, making these fields available to the youth and adults on teams from the City and surrounding areas and to sublease the fields to a professional soccer club or organization (see 2/11/08 C.O. W.). 6. UNFINISHED a. Interlocal Agreements for the Recycling Program: Pg.5 BUSINESS 1) Authorize the Mayor to sign an interlocal agreement with the King County Solid Waste Division for the use of grant funds in the amount of $78,645 for Tukwila's Recycling Program (see 2/11/08 C.O. W.). 2) Authorize the Mayor to sign an interlocal agreement with the Washington State Department of Ecology for the use of grant funds in the amount of $22,276 for Tukwila's Recycling Program (see 2/11/08 C.O. W.). b. A resolution relating to a Growth and Transportation Efficiency Center (GTEC) plan and Pg.7 authorizing the City to adopt a local GTEC designation for the Tukwila Urban Center. c. A resolution establishing a Small Works Roster process to award Public Works contracts Pg.11 and a Consulting Services Roster for architectural, engineering, and other professional services. d. Authorize the Mayor to sign Change Order #2 to Contract #07 -054 with R. L. Alia Pg.17 Company for the Southcenter Boulevard Water Main Replacement Project, in the amount of $73,000 and approve use of the Ending Water Fund balance to pay for a project shortfall of $49,035 (see 2/11/08 C.O. W.). e. An ordinance amending Tukwila Municipal Code Chapter 2.57, Emergency Management, Pg.19 to add the Emergency Management Coordinator position and to update regulations. f. Authorize the Mayor to sign Amendment #1 to Contract #03 -058 with Starfire Sports Pg.1 regarding use of Fort Dent Park; a presentation will be provided by representatives of Starfire Sports (see 2/11/08 C.O. W.). 7. NEW BUSINESS 8. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 9. MISCELLANOUS 10. EXECUTIVE SESSION 11. 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 4 y'S Initials ITEM NO. 0P �ui 3 I lYleetin,g Date I Prepared by 1 1�Ia ors eyiew I Council review 12/10/07 1 BF 1 .A.4. I �a� 1 sa :s 02/19/08 BF AA 1 1 1 I 1 ITEM INFORMATION 1CAS NUMBER: 07-156 08-023 ORIGINAL AGENDA DATE: DECEMBER 10, 2007 AGENDA ITEM TITLE Starfire Contract Amendment One RE: Agreement number 03 -058 CATEGORY Discussion Motion Resolution I Ordinance Bid_ ward Public Hearing Other .11tg Date 2/11/08 Mtg Date 2/19/08 Mtg Date Mtg Date Mtg Date Mtg Date 2/19/08 Alg Date SPONSOR Council Mayor- Aclm Svcs DCD U Finance U Fire Legal Pe:R Police PIII SPONSOR'S The new Major League Soccer (MIS) club has made a request to locate their home practi -1 SUMMARY schedule at Starfire Sports Complex at Fort Dent. Starfire Sports has made a request to amend the city contract to allow new soccer fields to be constructed at the softball complex that would be used by the MLS club and at times, Starfire participants. Additionally, an amendment was added to address parking issues and allow free parking for Tukwila residents. A public hearing is expected at the 2/19/08 Regular Meeting. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte n Utilities Cmte n Arts Comm. Parks Comm. 1 I Planning Comm. DA IE: 1/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Recommends to approve the Starfire Contract Amendment COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: No city funds needed in the proposed amendment MTG. DATE 1 RECORD OF COUNCIL ACTION 12/10/07 I Removed from consideration at the meeting 02/11/08 Forward to Regular Meeting MTG. DATE ATTACHMENTS 2/11/08 Informational Memorandum dated 1/23/08 Amendment to Agreement #03 -058 Full text of Agreement #03 -058 Minutes from the Community Affairs and Parks Committee meeting of 1/28/08 2/19/08 Amendment to Agreement #03 -058 FIRST AMENDMENT AGREEMENT NUMBER 03 -058 This First Amendment to Agreement "First Amendment amends that certain Agreement entered into effective the 1 day of March, 2003, by and between the City of Tukwila, a Washington municipal corporation "City and Starfire Sports, a Washington nonprofit corporation "Starfire recorded under King County Recording Number 20030317001798 "Agreement The City and Starfire have determined that it is in their mutual interest to amend Sections 1.9, 4.8 and 5.3 of the Agreement. Accordingly, the City and Starfire agree as follows: 1. Amendment to Section 1.9. Section 1.9 of the Agreement is hereby amended to read as follows: The CITY will provide the parking shown in Exhibit B to support the PREMISES and its operation. However, if any additional parking is required to support the PREMISES and its operation, the CITY and STARFIRE agree to work together to solicit federal, state, or county funding to provision the additional parking. Tukwila residents with proof of residency by state issued identification will not be charged a fee to park during events at Starfire. 2. Amendment to Section 4.8. Section 4.8 of the Agreement is hereby amended to read as follows: Starfire may sublease the softball fields to a not for profit organization to enhance and operate the Facilities' softball fields and make these fields available to City -based leagues and tournaments, as well as regional and national tournaments; in addition, Starfire may convert the softball fields into soccer fields and make these fields available to the youth and adults on teams from the City and surrounding areas or sublease the fields to a professional soccer club or organization. 3. Amendment to Section 5.3. Section 5.3.2 of the Agreement is hereby amended to read as follows: The CITY will be responsible to provide parking shown on exhibit `B" to support the PREMISES and its operations. 4. No Other Modifications. Except as specifically modified by this First Amendment, the Agreement is unaltered and remains in full force and effect. Dated this day of January, 2008. STARFIRE SPORTS CITY OF TUKWILA A not for profit Washington corporation A Washington municipal corporation By: By: Christopher G. Slatt, Chairman and President Jim Haggerton, Mayor APPROVED AS TO FORM: ATTEST: City Attorney City Clerk COUNCIL AGENDA SYNOPSIS Initials ITEM No. P 3 Meeting Date P a d by 1 Mayor's review 1 Council review usa i3O 02/11/08 1 1 AAA- 1 At.D ,eve 02/19/08 1 1 A 1 1 6 a, 1 1 ITEM INFORMATION CAS NUMBER: 08-018 I ORIGLNAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA I1'EM TITLE Recycling Program Grants and Interlocal Agreements CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 2/11/08 Mtg Date 2/19/08 Mtg Date Mg Date Mtg Date Mtg Date i1VItg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Tukwila has received two grants to continue the Recycling Program's activities. The Mayor SUMMARY needs to sign interlocal agreements so that Tukwila can receive the grant funds that it has been awarded. (The Recycling Program's residential and business assistance activities are completely grant- funded. No General Fund or other City funds are used.) REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/4/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign interlocal agreements COMMITTEE Unanimous approval; forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 Fund Source: GRANT Comments: No General Fund or other City funds required MTG. DATE RECORD OF COUNCIL ACTION 2/11/08 Forward to Regular Meeting MTG. DATE ATTACHMENTS 2/11/08 Informational memo dated 2/5/08 with attachments Interlocal Agreements Minutes from the Utilities Committee meeting of 2/4/08 2/19/08 No attachments COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Q�� 1 Meeting v Date 1 Prepa y 1 Mayor e view Council review ie 0 02/11/08 7 /f s 02/19/08 1 .31 1 1 ITEM INFORMATION CAS NUMBER: 08-019 I ORIGI�i TAI., AGENDA DATE: FEBRUARY 11, 2008 AGENDA I IEM TITLE A resolution regarding the Growth and Transportation Efficiency Center [GTEC] for the City of Tukwila CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 1tiltg Date 2/11/08 Mtg Date Mtg Date 2/19/08 Mtg Date big Date Mtg Date Altg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S Adopt a Resolution designating the Growth and Transportation Efficiency Center [GTEC] SUMMARY for Tukwila Urban Center [TUC]. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/29/08 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend adoption of GTEC Resolution. CoxmlriThE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 2/11/08 Forward to Regular Meeting MTG. DATE I ATTACHMENTS 2/11/08 1 Informational Memorandum dated 1/30/08 Letter from State CTR Board Tukwila GTEC Program Resolution in draft form Minutes from the Transportation Committee meeting of 1/29/08 2/19/08 Resolution in final form -O' Z? fiQ:, t/O Ot o tSl i 2F C ity of Tuk ila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO A GROWTH AND TRANSPORTATION EFFICIENCY CENTER PLAN; AND AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO ADOPT A LOCAL GTEC DESIGNATION FOR THE TUKWILA URBAN CENTER. WHEREAS, with some 21,650 employees, the high concentration of employment in the Tukwila Urban Center (TUC) surpasses the State's Vision 2020 guideline requirement of 15,000 employees for consideration as a Growth and Transportation Efficiency Center (GTEC); and WHEREAS, the designation of the TUC as a GTEC would allow the City of Tukwila to progressively move forward toward a formal State designation for the TUC GTEC; and WHEREAS, the GTEC classification would better position the TUC to receive programmatic support, in the form of technical assistance and alternate transportation mode marketing, for all employers within the TUC to reduce the single occupancy vehicle (SOV) rates of their employees; and WHEREAS, the City of Tukwila identifies the TUC as a priority area for new and expanding transit services and facility investments to meet rising demands; and WHEREAS, the GTEC Plan reflects the goals of the City's Comprehensive Plan as well as the TUC purpose of bolstering the image of the regional shopping area by creating a more efficient transportation zone; and WHEREAS, the City of Tukwila recognizes that transportation demand management strategies will help efficiently move more people in and out of the TUC; and WHEREAS, the City of Tukwila recognizes that implementing specific programs to reduce SOV and vehicle miles- traveled rates are elements in the larger discourse of mitigating the effects of climate change, reducing global warming, reducing energy consumption and traffic congestion, and improving air quality; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Recognizing the importance of transportation demand management as a tool to efficiently move people through congested corridors, the Tukwila City Council adopts a local GTEC designation for the TUC, in order to acquire Washington State Department of Transportation technical and measurement support and future funding to reduce SOV transportation modes in the TUC. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AU'T'HENTICATED: Joe Duffie, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City C1erV Passed by the City Council: Office of the City Attorney Resolution Number' C:1Documents and SettineslAll Users Deskt op1KeIl '.MSDATAIResolutions \GTEC Plan.doc ML:ksn 2/14/2008 Page 1 of 1 Go UNCIL A GENDA SYNOPSIS s o.' Z rrritialr ITEtVI No. <I Meeting Date 1 Prepared by 1 Mayon review Counal review I 02/11/08 BG r; ju k`' �19.. f 02/19/08 1 BG r• r+.c 08 ITEM INFORMATION CAS NUMBER: 08-020 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Resolution establishing MSRC to provide the use of a statewide electronic database for the small works roster and consulting services. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng 1 1 Other Mtg Date 02/11/08 hits Date kits Date 02/19/08 Mtg Date Mtg Date Mtg Date Mg Date: SPONSOR Council Mayor Admen Svcs DCD Fznance n Fire n Legal P&R Police PIY/ SPONSOR'S This Resolution will contract with Municipal Research Service Center (MRSC) to allow a SUMNLARY statewide electronic database for the small works roster and consulting services. We currently advertise annually for contractors to join our rosters with significant staff time. With sharing the rosters statewide, we will have a larger pool of contractors and consultants for our projects. The statewide roster should also increase efficiency, reduce costs and produce better bid results. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. n Planning Comm. DATE: 01/29/08 2/04/08 RECOMMENDATIONS: SPONSOR /AD Approve resolution. COM IITTEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $400.00 $0.00 Fund Source: 000.13 Public Works Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 02/11/08 Forward to Regular Meeting 02/19/08 1 MTG. DATE J ATTACHMENTS 02/11/08 J Information Memo dated January 22, 2008 MRSC Rosters Contract I Resolution Utilities Committee Meeting Minutes from February 4, 2008 (same as 1/29/08 TC) 02/19/08 IResolution in final form a r0 2� City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS, AND A CONSULTING SERVICES ROSTER FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES. WHEREAS, RCW 39.04.155 and other laws regarding contracting for public works by municipalities allow certain contracts to be awarded by a small works roster process; and WHEREAS, in order to be able to implement small works roster processes, the City is required by law to adopt a resolution establishing specific procedures; and WHEREAS, RCW 39.80.030 requires that an agency publish in advance that agency's requirement for professional services, and that one of the ways to accomplish that notification is to announce generally to the public its projected requirements for any category or type of professional services, and request qualification statements to be kept on file with the agency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. MRSC Rosters. The City Council hereby authorizes the Mayor to enter into con with the Municipal Research and Services Center of Washington (MRSC) to adopt for City use those Statewide electronic databases for Small Works Rosters and Consulting Services Rosters developed and maintained by IvtRSC, and authorizes the Public Works Director to sign that contract. In addition, paper and/ or electronic rosters may be kept on file by appropriate City departments. Section 2. Small Works Rosters. The following Small Works Roster procedures are hereby established for use by the City, pursuant to RCW 39.04.155: A. Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair or improvement of real property where the estimated cost does not exceed $200,000.00, which includes the costs of labor, material, equipment and sales and /or use taxes as applicable. Instead, the City may use the Small Works Roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the Small Works Roster process. B. Publication. At least once a year, on behalf of the City, MRSC shall publish in the City's newspaper of record a notice of the existence of the roster(s), and solicit the names of contractors for such roster(s). Responsible contractors shall be added to any appropriate MRSC roster whenever they submit a written request and necessary records. The City may require the signing of master contracts that become effective when a specific award is made using a Small Works Roster C:1Documents and Settings'All Uses\ DesAtop \KellyAMSDATAAResolutiona42SC rosters.doc MD:Ysn 2/) 4/2008 Page 1 of 3 C. Telephone or Written Quotations. The City shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate Small Works Roster to assure that a competitive price is established, and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1); and the City may establish supplementary bidder criteria under RCW 39.04.350(2). 1. A contract awarded from a Small Works Roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed, as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. 2. Quotations may be invited from all appropriate contractors on the appropriate Small Works Roster. As an alternative, quotations may be invited from at least five contractors on the appropriate Small Works Roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster "Equitably distribute" means that the City may not favor certain contractors on the appropriate Small Works Roster over other contractors on that roster who perform similar services. 3. If the estimated cost of the work is from $100,000 to $200,000, the City may choose to solicit bids from less than all the contractors on the appropriate Small Works Roster, but must notify the remaining contractors on that roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: a. publishing notice in the City's newspaper of record, or b. mailing a notice to these contractors; or c. sending a notice to these contractors by facsimile or email. 4. Any time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. 5. A written record shall be made by the City representative of each contractor's bid on the project, and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection and available by telephone inquiry. D. Limited Public Works Process. 1. If a work, construction, alteration, repair or improvement project is estimated to cost less than $35,000, the City Council may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a limited public works project, the City will solicit electronic or written quotations from a minimum of three contractors from the appropriate Small Works Roster, and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. 2. For limited public works projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on that contractor's behalf. C:\Documents and Settines'All UserslDesktop \Kell};MSDATA\Resolutions\MRSC rosters.doc MD:ksn 2/14/2008 Page 2 of 3 3. The City shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. E. Determining Lowest Responsible Bidder. The City Council shall award the contract for the public works project to the lowest responsible bidder, provided that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City may call for new bids. A responsible bidder shall be a registered and /or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010), and who meets any supplementary bidder responsibility criteria established by the City F. Award. The Mayor or his designee shall present to the City Council all telephone quotations /bids and a recommendation for award of the contract to the lowest responsible bidder However, for public works projects under $25,000.00, the Mayor shall have the authority to award those contracts without City Council approval. The City Council shall award all public works contracts for projects over $25,000.00. Section 3. Consulting Services Rosters. A. Consulting Services. Consulting services are professional services that have a primarily intellectual output or product, and include architectural and engineering services as defined in RCW 39.80.020. B. Publication. At least once a year, on behalf of the City, MRSC shall publish in the City's newspaper of record a notice of the existence of the consulting services roster(s), and solicit statements of qualifications from firms providing consulting services. Such advertisements will include contact information (name, email address, phone number and mailing address) for a City representative who can provide further details of the City's projected needs for consulting services. Firms or persons providing consulting services shall be added to any appropriate MRSC roster whenever they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a consulting services roster C. Professional Architectural and Engineering Services. The MRSC rosters will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services, and Kill announce generally to the public the City's projected requirements for any category or type of professional or other consulting services. The City reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the agency, and to use paper and /or other electronic rosters that may be kept on file by appropriate City departments. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. NITEST/ AUTHENTICATED: Joe Duffie, 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: C:\Documents and Settings \All Users \Desk lop `JCellyWISDATA\Resolutions\MRSC rostus.doc MD:13n 2/142008 Page 3 of 3 Go UNCIL AGENDA SYNOPSIS J iv`.„ Initials ITERI No. Q i t o Meeting Date Prepared by 1 May��or''sl�`e"view 1 Council review u' e 1 02/11/08 I BG �h 1 02/19/08 1 BG A rs oa I I Ci I 1(,) G£ ITEM INFORMATION CAS NUMBER: 08-021 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Southcenter Blvd Water Main Replacement Project Approval of Budget and Change Order No. 2 for $73,000. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Aftg Date 02/11/08 ilftg Date 02/19/08 ibftg Date Mtg Date I ftg Date Altg Date Mtg Date: SPONSOR Council Mayor El Admit Svcs El DCD Finance Fire Legal P&R E Police PW SPONSOR'S This project replaced the water main from Grady Way to Tukwila Pkwy and required SUMMARY crossing the Southcenter Blvd bridge. Crossing the bridge produced an increase in extra labor, materials, equipment and contract time. Due to the overruns, a change order for $73,000.00 is being presented which caused a $49,035.00 budget shortfall. Additional water funds will be available from the water fund's ending fund balance and savings from the Interurban Water Reuse project. REVIE \QED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/04/07 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Change Order No. 2. COMMITTEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 980,000.00 $930,965.00 $49,035.00 Fund Source: 401.02 Water Fund Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 02/11/08 1 Forward to Regular Meeting 02/19/08 1 MTG. DATE ATTACHMENTS 02/11/08 Information Memo dated February 6, 2008 (revised after UC) Closeout Budget Analysis 2008 CIP page 81 Utilities Committee Meeting Minutes from February 4, 2008 02/19/08 No attachments Co UNCIL AGENDA SYNOPSIS Initials ITEMNO. -J; N. i t 1eeting Date Prepared by Mayor's review 1 �ounnl review i Q iV/ ■00 02/11/08 BGITTfl) w`� �ap:.�?- 02J19/08 BG 1808 1 e ITEM INFORMATION CAS NUMBER: 08-022 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Adopt Ordinance to incorporate the National Incident Management System for Emergency Management. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 02/11/08 litg Date Mtg Date Mtg Date 02/19/08 "tits Date vt g Date lltg Date: 1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S This ordinance will update Tukwila Municipal Code (TMC) Chapter 2.57 to incorporate the SUMMARY requirements of the Incident Management System (ICS) per the National Incident Management System (NIMS) for emergency management. The ordinance will direct that the plans be developed and evaluated for the application of mitigation strategies, preparation, response, and recovery mechanisms. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAIS: 02/05/08 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ordinance to incorporate National Incident Command System. COMMII ILE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments.' MTG. DATE 1 RECORD OF COUNCIL ACTION 02/11/08 1 Forward to next Reaular Meeting' 02/19/08 MTG. DATE ATTACHMENTS 02/11/08 Information Memo dated January 29, 2008 Ordinance Finance and Safety Committee Meeting Minutes from February 5, 2008 02/19/08 Ordinance in final form e�J IPA C ity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.57, "EMERGENCY MANAGEMENT,' UPDATING THE REGULATIONS TO REFLECT THE ADDITION OF THE CITY'S EMERGENCY MANAGEMENT COORDINATOR POSITION, AND INTEGRATING THE USE OF THE INCIDENT COMMAND SYSTEM PER THE NATIONAL INCIDENT MANAGEMENT SYSTEM; REPEALING ORDINANCE NO. 2018; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFFhCTTVE DATE. WHEREAS, the City of Tukwila recognizes the importance of providing for the preparation and implementation of emergency management plans, to ensure the health, safety and welfare of its citizens; and WHEREAS, RCW 38.52.070 requires the City to incorporate the use of the Incident Command System (ICS) per the National Incident Management System (NIMS); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Sect 1. TMC 2.57 Amended. Tukwila Municipal Code Chapter 2.57, is hereby amended to read as follows: CHAPTER 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 City Council Duties 2.57.040 Emergency Management Council Created Membership 2.57.050 Emergency Management Council's Powers and Duties 2.57.060 Director's Powers and Duties 2.57.070 Emergency Management Coordinator 2.57.080 Emergency Management Organization 2.57.090 Departments, Divisions, Services and Staff 2.57.100 Mutual Aid Agreements 2.57.110 Punishment of Violations 2.57.120 No Private Liability 2.57.010 Purpose The declared purposes of this chapter are to provide for: the preparation and implementation of emergency plans, including mock or practice exercises; the emergency management and protection of persons and property within the City in the event of a disaster; and the coordination of the emergency and disaster response functions of the City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency management and disaster activities, including mutual aid activities and mock or practice exercises, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. Cf Do.:uments and Settin_ &A1t User'De ktoffelly.NiSDATA dinanceilEmergency Manae_ementdoc nt:>sn 2/14/2008 Page 1 of 5 2.57.020 Definitions As used in this chapter, these terms shall be defined as follows: 1. "Emergency Management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It includes preparation, mitigation, response and recovery from disasters. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy. 2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire, flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or similar public calamity. 3. "Preparation" means the active planning, testing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, County, State and Federal agencies to insure cohesive working relationships and compatible emergency plans. 4. "Mitigation" includes risk analysis, review and identification of hazards both natural and man-made, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods. 5. "Response" includes the initiation of warnings to potential disasters, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, and planning activities during a disaster, and documentation of actions taken during a disaster. 6. "Recovery" includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain Federal, State and local assistance after disasters. 2.57.030 City Council Duties It shall be the duty of the City Council under the Emergency Management Program to: 1. Give advice and consent to the Mayor regarding appointments made pursuant to TMC 2.57.040. 2. Consider adoption of emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulation as are necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.050. 3. Approve at the earliest practicable time after their issuance, rules and regulations reasonably related to the protection of life and property which are affected by a disaster, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC 2.57.060. 4. Distribute pursuant to resolution the functions and duties of the City's emergency management organization among the divisions, services and special staff referred to in TMC 2.57.090. 5. Approve mutual aid agreements referenced in and pursuant to TMC 2.57.100. 2.57.040 Emergency Management Council Created Membership The Emergency Management Council is hereby created, and shall consist of the following: C:\Documents and Settin\All Users \Deidop\Ke11}AMSDATA\Ordinan s\Fmergency Managementdoc )M: 2/14/2008 Pate 2 of 5 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be Vice chairperson. 3. All department heads of the City of Tukwila, the Emergency Management Coordinator, and the City Administrator. 4. Such City officials and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the advice and consent of the City Council. 2.57.050 Emergency Management Council's Powers and Duties It shall be the duty of the Emergency Management Council, and it is hereby empowered, to review and recommend for City Council adoption emergency management and mutual aid plans, and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Emergency Management Council shall meet upon call of the chairperson or, in the chairperson's absence from the City or inability to call such meeting, upon the call of the vice chairperson. 2.57.060 Director's Powers and Duties A. The position of Director of Emergency Management is hereby created. The Director of Public Works of the City of Tukwila shall serve in such position ex officio. B. The Director or his /her designee is hereby empowered and directed to: 1. Prepare a Comprehensive Emergency Management Plan for the City, conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent possible, the City plan shall be coordinated with the King County and the State Office of Emergency Management plans and programs; prepare and implement the National Incident Management System; direct staff to conduct at least one exercise annually to maintain proficiency in the use of the plan; and review and update the plan annually for needed improvements or revisions. 2. Control and direct the effort of the emergency management organization of the City for the accomplishment of the purposes of this chapter. 3. Direct coordination and cooperation between departments, divisions, services and staff of the emergency management organization of the City, and to resolve questions of authority and responsibility that may arise between them. 4. Represent the emergency management organization of the City in all dealings with public or private agencies pertaining to emergency management and response to disasters. 5. Develop and evaluate emergency plans concerning the application of mitigation strategies, preparation, response, and recovery mechanisms, and include such in the City's emergency management activities with various city, county, state, and federal agencies; conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. 6. Make appointments to the Emergency Management Council. 7. Make rules and regulations to reasonably protect life, property, and natural resources during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency, and upon approval transmit it to federal, state, regional, and local agencies. This proclamation authorizes the City to take necessary measures to combat a disaster; protect persons, property, and natural resources; provide emergency assistance to victims of the disaster; and exercise powers authorized in RCW 38.52.070. These include but are not limited to rationing, curfew, budget law limitations, competitive C:\Do,:uments and Settines\AII Users` DesL7offe11yMSDATA \Ordinanczs\Eme gent' Managementdoc JM: sn 2/14/2008 Page 3 of 5 bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, and purchase of supplies and materials. Such proclamation must be sustained by the City Council when practical. 9. Upon their approval by the City Council, submit all plans and programs, including the ordinance codified in this chapter, for State review and certification. 10. Command the service and equipment of as many citizens as considered necessary in light of the disaster; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, all powers conferred by statute, agreement approved by the emergency Management Council, or by any other lawful authority. 2.57.070 Emergency Management Coordinator The Emergency Management Coordinator (EMC) is a full-time position that reports to the Director of Emergency Management. As part of the position's responsibilities, the EMC will assure that the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; that an education and training program is developed and implemented in emergency management tasks for City employees, residents and businesses; and that periodic training and field exercises are conducted. 2.57.080 Emergency Management Organization All officers and employees of the City, together with those citizens enrolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TIvIC 2.57.060 who shall be charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the emergency pre- paredness organization of the City. 2.57.090 Departments, Divisions, Services and Staff A. The functions and duties of the City emergency management organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. 2.57.100 Mutual Aid Agreements The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other municipalities, the County and other governmental subdivisions which have been approved by the City Council. All previous mutual aid agreements which have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. 2.57.110 Punishment of Violations It is a misdemeanor punishable as provided in TMC 1.08.010 for any person, during a disaster, to: 1. Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give or be likely to give assistance to the C:\Documents and Settina;Wl UserslG-,ktop'Kelly`N SDATA`.OrdinanceEmerge cy Managementdoc JM:ksn 2/14/2008 Page 4 of 5 enemy, or to encourage or assist in theft of or endanger property of inhabitants of the City, or to prevent, hinder or delay the defense or protection thereof. 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner loot or carry off any items of value during the aftermath of a disaster. 2.57.120 No Private Liability No individual, firm, association, corporation or other party, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons during an actual, impending, mock or practice disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises for the purpose of seeking refuge therein during an actual, impending, mock or practice disaster or test ordered by lawful authority. All Iegal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. Section 2. Repealer. Ordinance No. 2018 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CivMC, 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: C:\Documents and Settin0All UserslI k top• Ke11 -MSDATA \Ordinance timer envy Mana_gemeitdoc JM:ksn 2/14/200g Page 5 of 5 Tentative Agenda Schedule MONTH MEETING 1— MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. February 4 11 19 (Tuesday) 25 Isis Special Presentation: Presidents Day See agenda packet Fire Department (City offices closed) cover sheet for this awards week's agenda (Chief Nick Olivas) (Feh7uan' 19, 2008 Special Issues: Regular Meeting) Discussion on technology options for City Council Amend conditions of contract for Westfield Mall expansion Tukwila Urban Center Plan— t 113 contract for services 2008 Overlay Program consultant selec- tion and agreement Museum of Flight pedestrian bridge airspace lease 2007 Comprehen- sive Emergency Management Plan March 3 10 17 24 31 Special Presentation Special Presentation: Fifth Monday of the Co goals C Council King March 10 meeting Affiance update month —no Council t5' cancelled due to meeting scheduled (Julia Pat ersou• COMMITTEE OF THE King County Council) l ack of quorum WHOLE MEEITNG TO 2007 Chamber of BE FOLLO WED BY A Commerce report SPECIAL MEETING (Nancy Damon, Pres.) Unfinished Business: Amend conditions of contract for Westfield Mall expansion Tukwila Urban Center Plan —I' 113 contract for services 2008 Overlay Program consultant selection and agreement Museum of Flight pedestrian bridge airspace lease Ordinance amending Subdivision Code and Zoning Code to allow development of zero lot line /fee simple townhouses on individual lots Upcoming Meetings Events FEBRUARY 2008 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) 1 Presidents Day Utilities Cmte, Crime Hot Domestic Violence Council Retreat Highway 99 5:00 PM Spots Task Task Force, City offices closed (CR 61) Force Mtg., 12:00 NooN Feb. 22 -24 Trash Pickup 10:00 .&M (CR -5) Day City Council (CR -5) 9:00 10:00 AM For location call Regular Mtg., Tukwila Historical Donna at 7:00 PM Finance Society, 206-2-12-5556 (Council Safety Cmte, 7:00 PM Chambers) 5:00 PM Foster Tukwila x (CR 63) Presbyterian Church vii (14401 56th Ave. S.) 1 Presidential p Primary Commission, Election Day 5:30 PM (Community E Vote! Center) Library Aa Seaid RESCHEDULED TO FEB. 28TH 25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Friday) 30th (Saturday) I Community Transportation COPCAB, Planning Affairs Parks Cmte, 6:30 PM Commission Cmte, 5:00 PM (CR `5) CANCELLED 5:00 PM (CR `I) (CR 63) Library Advisory City Council Court Board, Committee of the 7:00 PM i Whole Mtg., (Foster Library) 7:00 PM RESCHEDULED FROM (Council FEB. 207H Chambers) 1 Tukwila's government channel is now available to Comcast subscribers in Tukwila on Channel 21. Tune in for meeting and event information, emergency J reports and other public service announcements. Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. >Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 63. Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 03. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rill 65. Phi Huynh (206 -433- 7175) Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf Room 65. Contact Phi Huynh at 206 -433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 05. Contact Evie Boykan or Stacy Hansen at 206 433 -7180. Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Matej at 206- 433 -183=. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 63. Agenda items for 2/20/08 meeting: (A) Resolution increasing the Municipal Court Change Fund (B) Sales tat report. (C) In -car video purchase contract. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812. >Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Erie Boykan at 206 433 -7180. >Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 2342. >Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. >Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 03. Contact Bev Willison at 206 -433 -1844. >Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 01. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860 >Utilities Committee: Ist 3rd Mon., 5:00 PDi, Conf. Room 61. Agenda items for 2/19/08 meeting: (A) King County agreement ft, sale and distribution of reclaimed water. (B) King County interlocal agreement for Reclaimed Water Pipeline Extension project. (C) Minkler Re -roof Project (Building B)—bid award Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).