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HomeMy WebLinkAboutReg 2008-01-22 COMPLETE AGENDA PACKET *M Tukwila City Council Agenda 4 o l t, REGULAR MEETING s j\ 4 i Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin 1908 Joe Duffie, Council President Kathy Hougardy De'Sean Quinn Tuesday, January 22, 2008; 7:00 PM Ord #2193 Res #1656 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included on this COMMENT 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. 3. CONSENT a. Approval of Minutes: 1/7/08 (Regular); 1/10/08 (Special). AGENDA b. Approval of Vouchers. c. Accept as complete the South 144th Street Improvement Project Pg.1 with Rodarte Construction, Inc. (Contract #05 -057); authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $2,069,645.79). 4. NEW BUSINESS a. Formalization of local and regional committee assignments. Pg.7 b. 2008 legislative priorities. Pg.9 c. Formation of a Public Facilities District for operation of Pg.23 Fort Dent Park. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. 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 o j I n t t a l IrEMNo. I Meeting Date 1 Prepared by Mayor's review Council review 61.11 1/22/08 1 BG VI\ i� 4 z J Iv 1 1 I i ITEM INFORMATION 1 CAS NUMBER: 08-001 1 ORIGINAL AGENDA DA 1E: JANUARY 22, 2008 AGENDA ITEM TITLE Accept as complete South 144 Street Improvement Project and release retainage. CATEGORY Discussion El Motion Resolution Ordinance Bid Award Public Hearing Other rYltt Date Mtg Dote 01/22/08 Mtg Date Mtg Date Mtg Date Mtg Date Yltg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The contract with Rodarte Construction, Inc. is complete for the South 144 Street SUMMARY Improvement Project. Construction began June 13, 2005 and was completed on June 15, 2007. The contract included full street improvements on S 144 St from Tukwila Int'l Blvd to Military Road, Eight change orders were issued for extra work due to Seattle City Light and under runs were due to Tess water valves than estimated. This project is ready for final acceptance and the total contract amount was $2,069,645.79. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DALE: 01/15/08 RECOMMENDATIONS: SPONSOR /ADMEN. Accept contract as complete and authorize release of retainage. COMMIImE Unanimous approval; forward to Regular Consent Agenda. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $2,069,645,79 $2,700,000.00 Fund Source: 104,02 Commercial Streets (page 42, 2008 CIP) Comments: Remaining budget balance applied to Boeing Access Rd /E Marginal Way Intersection Paving project in 200Z MTG. DATE J RECORD OF COUNCIL ACTION 01/22/08 1 I I MTG. DATE ATTACHMENTS 01/22/08 I Information Memo dated January 9, 2008 Notice of Completion of Public Works Contract 05 -057 I Transportation Committee Meeting Minutes from January 15, 2008 1 I I INFORMATION MEMO To: Mayor Haggerton From: Public Works Director Date: January 9, 2008 Subject: S 144 Street Improvement Proiect Project No. 95 -RS01, Contract No. 05 -057 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage of $103,357.70. BACKGROUND The Notice to Proceed for Contract No. 05 -057 with Rodarte Construction, Inc. of Auburn, Washington, was issued June 13, 2005 for construction of the South 144th Street Improvement Project. This contract was completed on June 15, 2007. Eight (8) change orders were issued during construction for extra work due to Seattle City Light impacts to curbs, sidewalks, roadway and storm drainage. The unit price item underruns were due to adjusting fewer existing water valves than estimated as part of Schedule B. The City's portion of the contract was $2,038,845.00 and the contract also included work for Water District 125 (Schedule B) and their final amount was $30,800.79. Water District 125 has reimbursed the City for all of Schedule B except $3,076.85 (a final invoice has been mailed as we were waiting for final closeout of the contract). Contract Award Amount $1,840,465.60 Change Orders 241,569.31 Unit price item underruns <14,880.91> Sales Tax (Schedule B water district work only) 2,491.79 Total Amount Paid (incl. tax and retainage) $2.069.645.79. RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of the retainage, subject to the standard claim and lien release procedures. Attachment Notice of Completion of Public Works Contract P: PROJECTS \A RW RS Projects 9SRS01 S 144th\ Construction \INFO MEMO Acceptance S 144th Stdoc DState epartment tf ent of Washington e Departrnent of Revenue PO Box 47474 REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 600 264 803 Date 11/19/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: D e Aii iress`ofPalle- nc e artment Only; Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number S 144` Street Improvement Project #95 -RS01) 05 -057 Contractor's Name Telephone Number Rodarte Construction, Inc. 253- 939 -0532 Contractor's Address P.O. Box 1875, Auburn, WA 98071 Date Work Commenced Date Work Completed Date Work Accepted 6/13/05 9/17/07 Surety or Bonding Company St. Paul Travelers Bond Agent's Address 701 5th Ave., Suite 3850, Seattle, WA 98104 Contract Amount 1,840,465.60 Additions 226,688.40 Liquidated Damages 0.00 Reductions 0.00 Sub -Total 2,067,154.00 Amount Disbursed 1,966,288.09 Amount of Sales Tax Paid at 8.8 2,491.79 Amount Retained 103,357.70 (If various rates apply, please send a breakdown) TOTAL 2,069,645.79 TOTAL 2,069,645.79 Officer Comments: Sales Tax Rule 171 applies on Schedule A; Tax paid on Schedule B water at Signature 8.8% and 8.9% per attached. Type or Print Name Diane Jaber Finance Approval 'T.'") Phone Number 206 -433 -1871 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Depai talent's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27 -01) Transportation Committee Minutes January 15, 2008 Pam 2 will adopt the applicable standards and meet state requirements. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. D. Interurban Avenue Pavement Repair Bid Award Staff has identified an extremely rough surface area on Interurban Avenue South near Fort Dent Park. Historically this area has produced a rough roadway due to soil problems in there area. It is likely that the worsening surface area is a result of the recent Fort Dent/Interurban Avenue South Sewer Project. Staff is recommending pavement repair of the area and is seeking full Council approval to award a bid in the amount of $28,574 to Lakeridge Paving Company for the project. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. E. South 144 Street Improvements Contract Acceptance and Closeout Staff is seeking full Council approval for project completion, contract acceptance and authorization x to release retainage for the South 144 Street Improvements which were completed on June 15, 2007. This project boasts is the first officially marked and signed bike lane in the City of Tukwila. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 REGULAR CONSENT AGENDA. F. 2008 Transportation Issues Staff prepared a list of issues that they believe will be brought to and addressed by the Transportation Committee during 2008. Additionally, staff requested input from Committees member on issues the may like to discuss during the year. A lengthy discussion followed regarding traffic calming issues which were identified by staff as a potential priority for discussion. Interest existed on the Committee to revisit this issue during the year. Committee members suggested additions for future discussions: Identify the transportation needs of Tukwila residents located on the west side of the highway to City services (i.e.: TCC, City Hall, City sponsored events and programs, etc). Explore possible options for meeting these needs and identify budget funding if appropriate. Address and discuss ways to accomplish the 2008 Council Goal Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road. Consider a joint meeting with SeaTac's corresponding Transportation Committee to talk about issues affecting both of our communities as well as share information and ideas. DISCUSSION ONLY. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:30 p.m. Next meeting: Tuesday, January 29, 2008 5:00 p.m. Conference Room #1 P& L Committee Chair Approval Minutes by KAM. COUNCIL AGENDA SYNOPSIS irr' y Initials ITEM No. 0 {©d1 t il�teetingDate 1 Prepared by 1 Mayor s review 1 Council review R.,;" 01/22/08 KAM 1 1 `t rsos ITEM INFORMATION CAS NUMBER: 08-002 I ORIGIN., AGENDA DATE: 01/ 22/08 AGENDA ITEM Tr1LE Motion to nominate and appoint a City Council South County Area Transportation Board (SCATBd) Representative. CATEGORY Discussion Motion P1 Resolution Ordinance Bid Award Public Hearing Other Mtg Date liltg Date 01/22/08 bltg Date Mtg Date Alt; Date lltg Date Ma Date SPONSOR Council Mayor Adtn Svc:r DCD n Finance n Fire U Legal n pea Police PIV SPONSOR'S Mayor Haggerton has requested to follow a formal nomination process to appoint SUMMARY Councilmember Dennis Roberston as the City Council representative to SCATBd. At the January 8 and January 15 Council meetings, the representative position was discussed. Councilmember Robertson expressed interest and the Councilmembers and Transportation Committee Chair Linder were in agreement REVIEWED BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. [1 Parks Comm. 1 1 Planning Comm. DA 1'E: RECOMMENDATIONS: SPONSOR /ADMIN. Mayor CoM:MI II'EE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 01/22/08 1 No attachments COUNCIL AGENDA SYNOPSIS l y 1// Imttals ITENo. P14, (ly 19: tbleetinq Date Prepared t„ I Mayor's review I C ouncd review at/ o 1 1 i- us% 01/22/08 I KAM Ui Isoa I I I 1 4 ITEM INFORMATION CAS NUMBER: 08-003 ORIGINAL AGENDA DATE: JANUARY 22, 2008 AGENDA ITEM TITLE Discussion of Legislative Priorities for 2008 CATEGORY Dircwssion Motion Resolution Ordinance Bid _Award n Public Heannd Other Mtg Date 01 /22 /08 hltg Date •1ltg Date Mtg Date lltg Date illtg Date IItg Date SPONSOR Council Major 1 Adnt Svcs I I DCD n Finance n Fire Ledal P &R Police P1V SPONSOR'S Due to the State Legislature's current short 60 -day session, staff would like to propose SUMMARY carrying over items on the 2007 Legislative Agenda to 2008. Three new priorities for 2008 will also be discussed. REVIEWED BY COW Mtg. CA&P Cmte n F &S Cmte I 1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. 1 1 Planning Comm. DA 1'E: RECO MMENDATIONS: SPONSOR /ADMIN. Council President COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE_ REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/22/08 Memo from K. Matej dated 01/16/08, with attachments City of Tukwila f9' City Council 79 °8. MEMORANDUM TO: Tukwila City Council FROM: Kimberly Matej, Council Legislative Analyst CC: Mayor Haggerton, Rhonda Berry, City Administrator DATE: January 16, 2008 SUBJECT: Legislative Agenda for 2008 Session The State Legislature began a short 60 -day session on Monday. This is the second year of the Legislature's biennium legislative cycle. This short session coupled with an attempt to save money in the budget has resulted in low expectations for significant budget changes as well as new legislation proposals. In consideration of these factors, it appears as if it is in the City's best interest to continuing working with the priorities set forth in the 2007 Legislative Agenda that Council passed by resolution last year. In working closely with the Association of Washington Cities (AWC) and Jamie Durkan, our Olympia lobbyist, I would recommend we focus the City's legislative agenda on issues that are expected to be discussed further in the current session in addition to any other issues that AWC has determined to be priority, if those issues parallel City concerns. For your review, I have summarized issues continued issues from 2007 below, and new priorities follow. Maior/Too Priorities Continued from 2007 Session Municipal Finance and Economic Development ISSUE APPLICABLE BILLS 1 COMMENTS LEOFF I Medical and Long- Currently, no bill in Senate or Continue to seek legislation that provides Term Care Costs House. financial assistance for cities in paying for these liabilities SUPPORT Property Tax HB 1155 Acknowledge 1% cap, but continue to work Reintroduced on 01/14/08 with legislature to make improvements. Advance legislation that establishes a cap tied HB 1170 to the Implicit Price Deflator or 1%, whichever Reintroduced on 01/14/08 is greater. SUPPORT Transportation and Infrastructure ISSUE 1 APPLICABLE BILLS COMMENTS 1 Infrastructure Funding: HB 1361 Bill dedicates existing revenue to Increase Existing Grant and Reintroduced on 01/14/08 infrastructure funding. Loan Programs SUPPORT Community Economic HB 1790 Both bills Concern funding for jobs, economic Revitalization Board (CERB) Reintroduced on 01/14/08 development, and local capital projects. and Job Development Fund SB 5762 Public hearing in Senate SUPPORT Committee on 01/18/08 2008 Council Legislative Priorities page 2 New Priorities Government Operations ISSUE APPLICABLE LEGISLATION 1 COMMENTS Annexation and City/County Advocate for changes to annexation statues Governance Transition that will better facilitate annexations, and better coordinate boundary, finance and governance transition issues. SUPPORT Gang Task Force Support local option tools and funding for use Recommendations: by cities. SUPPORT Other ISSUE 1 APPLICABLE LEGISLATION 1 COMMENTS Taping of Executive Sessions Governor supports legislation if certain `safeguards' are put in place. OPPOSE Although AWC has other priority issues for the current legislative session, the majority of issues carry over from the 2007 session and are listed under other priorities in the Council's 2007 Legislative Agenda. For your review, 1 have attached a copy of AWC's 2008 Legislative Priorities and the City's 2007 Legislative Agenda and accompanying resolution. A 111P e g A V e SSOCIATION 1 S OF B U L L E T 1 N Volume 31, No. 1 January 1 1, 2008 From the Director Legislature to Convene Low Expectations On Monday, January 14, the Legislature On January 2,AWC President Rich noted support for the legislation as long will begin the short 60 -day session. Munson,AWC Vice President Karen as the measure includes the appropriate This is the second year of the biennium Rogers and 1 met with the Governor safeguards. We will continue to "work" and most believe the Legislature will Gregoire to discuss the followingAWC the issue. conclude its business in the allotted 60 Policy priorities: This Bulletin lists AWC's legislative days if not even a bit earlier.We have Infrastructure Funding priorities for the upcoming session. heard from the Governor and many Housing Please take a minute to review these legislators not to expect significant Public Safety (including gangs, sex priorities and contact your legislators changes to the budget.They will tweak offenders, and support for law as appropriate.As indicated above, the 2007 -09 budget but attempt to save expectations are low for this session. enforcement) as much money as possible for the next Regardless we will advance these biennium's budget given the predictions Financing Challenges for Cities priorities with the understanding that for a cooling of the economy. Major new many of these issues will take a number The meeting was very positive.While policy initiatives are also not likely given we don't expect quick fixes to any of of years to resolve. the short session, a desire to save money the issues outlined above, the Governor As a reminder, we will begin production and the upcoming elections. understands our issues and wants to of our weekly Legislative Bulletin on The Governor has prepared and work with us seeking solutions.We also January 18. Look for updates on our presented her supplemental budget discussed with the Governor legislation 2008 legislative priorities in our weekly She focuses on maintaining the state's the State Attorney General is advancing Bulletin or on our website at www. strong fiscal health, public safety, housing, requiring the taping of executive sessions. awcnetorg.We will include bill numbers ferries, and storm recovery. Other AWC is very concerned with the for these priority issues as they become issues expected to be addressed include: impacts of this proposal.The Governor available. transportation and the 520 bridge, family indicated sensitivity to our concerns but leave, and sex offenders. AWC's City Legislative Action Conference Join city officials from throughout the AWC Climate Change Policy Brief state in Olympia January 30 -31. CLAC Recognizing the increasing importance of climate change and sustainability issues is your chance to help move the city for Washington's cities and the state,AWC's recently convened Climate Change agenda forward. Task Force recommended development of a policy brief to identify activities of Learn how your city can more cities in response to climate change and articulate city recommendations for effectively develop a legislative agenda; addressing and mitigating climate change.The policy brief, along with its executive Learn about legislative leadership's summary can be found at www.awcnetorg /climatechange. priorities for '08; Meet with your legislators to advance the city agenda; and more. Register today at www.awcnetorg /legconf. 1 6 u e 46 360- 753 -4137 1 800 562 8981 Fax 360 753 0149 www.awcnet`org AWC 2008 Legislative Priorities Cities are the backbone of our state, a growing number of mandates that our communities.That is why the AWC providing the services that create quality require local governments to meet Board adopted legislative priorities for of life for the majority of our state's more stringent regulations. the 2008 session calling for flexible citizens: police and fire protection, clean solutions that allow cities of all sizes Maintenance for roads, bridges, parks, drinking water, sewer systems, sidewalks, sewers and water systems can only be to meet the needs of their citizens street lights and safe streets and bridges and continue to provide the economic delayed so long before long -term costs parks and open space, Iibraries.The activity that serves as the basis for a skyrocket.At a time when our cities fundamental services our cities provide need to be investing to promote greater strong statewide economy. are also the building blocks upon which economic development for the future, The 6 major legislative priorities that a strong state economy is constructed. many are forced to just plug the short- will be presented to the Legislature will During the past several decades, more term gaps and focus every available focus on: of the responsibility for providing dollar needed immediately to fund Promoting city fiscal health and essential services such as street critical services. flexibility, operation and maintenance, sewer Cities have risen to meet these and water services, and public safety Maintaining and developing quality services has fallen to local governments. challenges head -on ensuring efficient infrastructure for safety and and effective use of resources and Cities have witnessed a decline in the development; and level of shared responsibility between finding new options to fund services federal, state and city governments. Phis and capital investments. City officials Providing for flexible general recognize that there is no one -size- government operations shift in responsibility has also included fits -all solution to the challenges facing Promote City Fiscal Maintain and Develop Provide for Flexible General Health and Flexibility Quality Infrastructure for Government Operations Cities need broad discretion in using Safety a Developme it's vital that cities have the flexibility existing revenue sources to respond to k is in the state's interest to help and local decision making authority local challenges. It's critical that cities cities develop and maintain a strong to make the right decisions for their and towns also have the authority to infrastructure system that ensures citizens. Cities must be able to develop look for new and innovative strategies public safety and promotes economic service delivery tools in a way that's and resources. development that provides the state and cost effective, efficient and flexible and Major Priority: cities needed revenues.As public works free from unwarranted restraint. become more complex, cities need LEOFF I Medical and Long- Major Priority: more management flexibility. Term Care Costs: Seek legislation Annexation and City /County that provides financial assistance for Major Priority: Governance Transition:Advocate cities in paying for these liabilities. Infrastructure Funding for changes to annexation statutes Increase Existing Grant and that will better facilitate annexations, PropertyTax:While we Loan Pro rams: Seek increased acknowledge that the Legislature g and explore legislative ideas to re- instated the I% cap on property funding for infrastructure and encourage cities and counties to economic development programs. better coordinate boundary, finance taxes, we will continue to work with them to make improvements to the Community Economic and governance transition issues. property tax system that benefits Revitalization Board (CERB) Gang Task Force cities. and job Development Fund: Seek Recommendations:AWC will permanent funding for the CERB and support local option tools and the Job Development Fund. funding for use by cities. AWC Legislative Bulletin Copyright 2007 Association of Washington Cities. All rights reserved. continued 2 Other Priority Issues for the 2008 Legislative Session In addition to the six major priorities, Increase Local Funding Options Balancing Environmental the AWC Board also adopted 17 for Public Safety: Seek passage of Protection, Economic additional legislative priorities for 2008. legislation providing additional local Development and Protection REET: Seek legislation that provides funding options for public safety of Property Rights: Continue greater flexibility for REET by purposes, including jail construction. to support efforts to provide expanding the uses of the second Financial Assistance for Cities greater deference to cities to quarter REET to match the first and Towns with an Insufficient determine how best to balance quarter. Tax Base: Explore options to protection of property rights, expand financial assistance as local environmental resources and Housing Affordability: Seek economic development, including opportunities are presented. passage of legislation addressing potential clarification on how to find, housing affordability through Municipal Phase 1I Stormwater consider and apply Best Available infrastructure funding and new fiscal Permit: Oppose new conditions that Science.Also engage is consideration incentives; oppose new mandates exceed Federal minimum standards, of city eminent domain authorities or pre emptive zoning legislation; advocate for funding assistance to to help insure appropriate existing oppose elimination of impact fee help cities implement the permit, and community redevelopment tools are authorities unless replaced with consider legal /legislative remedies. maintained. something that provides equal or Public Health Financin Pursue g: Land Use /Gambling: Defend cities' more revenue. legislation that increases funding for ability to fully ban gambling and Local Solutions to Climate local health jurisdictions (LHJs) while seek legislation that provides cities Change: Support proposals that working to ensure cities are not the ability to zone or partially ban provide cities with additional flexible mandated to fund LHJs. gambling facilities. tools to continue creating sustainable Puget Sound Clean -Up: Stay Outdoor Burning in Small communities; engage in discussions actively engaged in development of Cities /Towns: Seek relief for cities about the most effective means to the Puget Sound Partnership's Action under 5,000 in population from the meet Greenhouse Gas Emission Agenda and advance proposals that January 1, 2007 deadline banning goals established in 2007; oppose help restore and protect the Sound residential burning. new unfunded mandates and "one while preserving local land use size fits all" solutions to sustainability authority and spending priorities. Expedite Grant and Loan challenges, and; provide outreach and Programs: Pursue /support education to cities. Local Infrastructure Finance legislation to accelerate the approval Tool (LIFT): Continue to message of proposed PWB project lists. Mitigating Medical Costs to legislature to expand LIFT, for Offenders: Seek passage of increase eligibility, and make technical Bid Limit Flexibility: Pursue legislation to remove the 2 -year corrections to this authority. jegislation to increase current city sunset provision in Sec. 66 of bid limits and provide additional SSB 5930; expand the uses of Alternative Public Works flexibility. the extraordinary criminal justice Legislation: Pursue modifications to Design-Build authori eal IOM A complete listing ofAWC's legislative account to include extraordinary authority; repeal priorities, including issues to endorse medical costs for offenders; support floor and broaden definition. and strongly defend against, can be individual city proposals to provide Filling aVacancy in the Office of found at www.awcnet.org /legpriorities. additional funds for offender medical Mayor: Pursue legislation to clarify costs. that incumbent councilmembers in mayor council cities are eligible to be appointed to fill a vacancy in the office of mayor without first having to resign their council seat. AWC Legislative Bulletin January 11, 2008 3 ILA. sti f t y T City of 'Tukwila Washington Resolution No. 6 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LIST OF LEGISLATIVE PRIORITIES FOR USE IN THE 2007 LEGISLATIVE SESSION. WHEREAS, the Mayor and the City Council have agreed to pursue legislative strategies for 2007; and WHEREAS, a list of priorities clearly defines issues that staff and elected officials may discuss when speaking to members of the Washington State Legislature, and WHEREAS, the City Council agreed to their priorities at the Regular Council Meeting on January 2, 2007; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Attachment A, Top Priorities, 2007 State Legislative Items, is a list of prioritized Legislative issues. The Tukwila City Council has identified these eight top priorities and requests that the 2007 Washington State Legislature take action on the prioritized items listed, which impact our residents and businesses and affect the quality of life for our community. Section 2. Attachment B, Opposed, 2007 Legislative Priorities, is a list of prioritized legislative items which the Council opposes. The Tukwila City Council is requesting that the 2007 Washington State Legislature not mandate, pre -empt, or hinder local control of the issues identified and urges the Legislature to allow cities the ability to manage their resources. Section 3. Attachment C, Other Priorities, 2007 State Legislative Items, is a list of other legislative priorities. The Tukwila City Council supports this list of legislative items and strongly supports action to be taken by the 2007 Washington State Legislature. PASSED BY THE CITY COUNCIL O HE CITY� U� LA, WASHINGTON, at a Regular Meeting thereof this /6 day of 2007 ATTEST /AUTHENTICATED: l 1 i C Verna Griffin, Council President Jan Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: D 7 Passed by the City Council: /ln D 7 Office of the City Attorney Resolution Number: Attachments: Attachment A, Top Priorities, 2007 State Legislative Items Attachment B, Opposed, 2007 Legislative Priorities Attachment C, Other Priorities, 2007 State Legislative Items C: \Documents and SettinaslAll UscrslDesktop\ Kelly1,b;SDATA\Resolutions\2007 Legislative Priorities.doc City of Tukwila Top Priorities 2007 State Legislative Items Attachment A The Tukwila City Council has identified eight top priorities and requests the 2007 Washington State Legislature take action on the prioritized issues listed below. These prioritized issues impact our residents and businesses and affect the quality of life for our community. Land Use Housing Housing Trust Fund Tukwila supports increasing the Housing Trust Fund. Gambling Tukwila supports legislation that provides cities the ability to zone or partially ban gambling facilities, including "grandfathering," and preserves cities' ability to fully ban gambling. Law Justice Limiting Liability for Local Government Tukwila supports legislation to limit local government liability, including codifying the public duty doctrine, establishing a standard of gross negligence for supervision of offenders, making seatbelt use admissible in a civil action, and providing immunity for volunteer emergency workers. Liability for Fire Department Standards Tukwila supports legislation which provides immunity for fire departments which might arise as a result of recently enacted requirements to establish fire fighter response time goals, to document how often those goals are met, and to indicate the predictable consequence of not meeting the goals. Municipal Finance Economic Development Streamlined Sales Tax Tukwila supports adoption of the agreement by the State with full mitigation to local governments negatively impacted by implementation of destination -based sourcing. Public Health Financing Tukwila supports Legislation that increases funds to local health jurisdictions, while at the same time, working to ensure cities are not mandated to fund local health jurisdictions. Tukwila supports increased funding for mental health and substance abuse treatment. Transportation Infrastructure Grant and Loan Programs Tukwila supports increased funding for infrastructure and economic development programs such as CERB and the Job Development Fund. Tukwila opposes additional Diversions from the Public Works Trust Fund (PWTF). Education Issues WASL Tukwila supports additional flexibility, including alternative assessments, and funding to enable more students to successfully pass the WASL. City of Tukwila Opposed 2007 State Legislative Priorities Attachment B The Tukwila City Council is requesting that the 2007 Washington State Legislature not mandate, pre -empt, or hinder local control of the following issues. These decisions are best made at the local level. These issues impact our residents and businesses and affect the quality of life for our community and we urge you to allow cities the ability to manage their resources. Therefore, we request that you oppose the following legislative items: Energy Telecommunications Statewide Franchise Agreements Tukwila opposes statewide franchise agreements for telecommunications or pre emption of local authority for managing local public rights of way, taxing authority, and the ability to provide telecommunication services. Land Use Housing Local Authority Tukwila opposes new mandates or pre emptive zoning legislation and the elimination of impact fee authorities unless replaced with something that provides equal or more revenue. Law Justice Requiring All Judges to be Elected Tukwila opposes any legislation requiring all municipal court judges, regardless of the number of hours they work, to be elected. Transportation Infrastructure Reject All Bids Legislation Tukwila opposes any legislation that erodes our ability to reject all contracting bids. City of Tukwila Other Priorities 2007 State Legislative Items Attachment C The Tukwila City Council has also identified these other legislative priorities and strongly supports action to be taken by the 2007 Washington State Legislature on these items. Environment Water Municipal Phase 11 Stormwater Permit Tukwila supports funding assistance to help implement the permit (education, staffing, and capital needs) and relief from conditions imposed on already developed property that would hinder redevelopment. Tukwila opposes new conditions that exceed Federal minimum standards. General Local Government Public Disclosure of Parks Department Registration Information Tukwila supports legislation to exempt personal information of children participating in city parks and recreation programs from public disclosure. Six Year Collective Bargaining Tukwila supports legislation to allow local governments and their unions to agree to contract terms of up to six years. Scrap Metal Theft Tukwila supports adding metal, metal junk, or metal property into the statutes governing transactions by second -hand dealers and pawnbrokers when it comes to purchasing metal property. Land Use Housina Tukwila supports affordable housing that helps those in need and supports funding for housing that leverages other funds. Best Available Science Tukwila supports legislation clarifying how to find, consider, and apply Best Available Science (BAS). Housing Affordability Tukwila supports the recommendations of the Governor's Task Force on Affordable Housing especially as it addresses housing affordability through infrastructure funding and new fiscal incentives. Homelessness Tukwila supports increased funding for programs and services that address homeless prevention and stabilization. Manufactured Housing Communities Tukwila supports fund relocation assistance for manufactured housing communities. Condominium Conversions Tukwila supports improving tenant protections when apartment buildings are converted to condominiums. City of Tukwila Other Priorities 2 2007 State Legislative Items Law Justice Mitigating Medical Costs for Offenders Tukwila supports legislation to expand the uses of the extraordinary criminal justice account to include extraordinary medical costs for offenders. Funding for Court Interpreters Tukwila supports state assistance for the costs of providing interpreters for court services, with the creation of a registration for non certified languages. Municipal Courts Tukwila supports increased funding and support for the Municipal Court systems. It also opposes any legislation that threatens or adversely impacts the cities' abilities to operate the municipal court system. Municipal Finance Economic Development Tukwila supports measures that provide broad local control, significant flexibility, and sufficient revenues to provide needed services. Local Infrastructure Finance Tool (LIFT) Legislation Tukwila seeks legislation that expands the use of tax increment financing and creates greater flexibility for the city portion of the match. Initiative 747 Regarding Property Tax Caps Tukwila supports legislation that establishes a cap tied to the Implicit Price Deflator (1PD). The IPD has ranged from 1.2% 3.4% during the last five years. Multi- family property tax exemption Tukwila supports legislation that would expand to cities over 5,000 population the property tax exemptions for multi family housing in urban downtown areas. Hotel /Motel tax Tukwila supports flexibility in the uses to which this tax may be applied. It also supports extension in King County of the Lodging Taxes for Culture after 2020. Fees Criminal Background Checks Tukwila supports an exemption for municipalities from the WSP fees for criminal background checks on volunteers and employees. PERS 1 Tukwila supports repealing the gain sharing benefit after one additional gain- sharing disbursement. Tukwila does not support any new benefits until the current benefits are fully funded. LEOFF 1 Medical and Long -Term Care Costs Tukwila requests assistance from the State Actuary to determine its future liability for LEOFF 1 retiree medical and long -term care costs and seeks legislation that provides financial assistance to pay for these liabilities Small Business Development Centers Tukwila supports state funding for Small Business Development Centers. City of Tukwila Other Priorities 3 2007 State Legislative Items Transportation Infrastructure Expand Alternative Public Works Legislation Tukwila supports legislation to expand alternative public works legislation, especially Design -Build and General Contractor- Construction Manager (GC -CM) methods, to include all cities. SR509 Tukwila supports extension and completion of SR -509. Parks Recreation Washington Wildlife and Recreation Program (WWRP) Tukwila supports increasing the funding for WWRP. Mole Trapping Tukwila supports legislation to allow limited trapping of moles to protect public property. Recreational Land Use Immunity Tukwila opposes any changes that would threaten or diminish the immunity of land owners who open their properties to the public for outdoor recreation without charging a fee. Education Issues Washington Learns Tukwila supports the recommendations from Washington Learns and applauds the Governor and Committee for making a good start on addressing important education issues. Supermajority requirement for school levies and bonds Tukwila supports that the legislature provide citizens the opportunity to vote to amend the State Constitution to allow school levies and bonds to be approved by a simple majority rather than the current 60% supermajority requirement. *ALA COUNCIL AGENDA SYNOPSIS k 7 y�, Lritials ti:Em No. o1 s ,t 0 I IVIeetinz Date 1 Prepared by Mayor's review 1 Council reviews 1 t=> 01/22/08 I RAB ITEM INFORMATION CAS NUMBER: 08-004 I ORIGINAL AGLND DATE. JANUARY 22, 2008 AGENDA ITEai TITLE Formation of a Public Facilities District CATEGORY Discussion Motion n Resolution Ordinance LI Bid Award Public Hearing Other litg Date 1/22/08 Mtg Date A lts Date Altg Date lltg Date 11Itg Date Mtg Date I SPONSOR Council Mayor Adr�t Svcs DCD Finance Fire Legal n P &R I 1 Police n PTY/ SPONSOR'S The City has been asked to pursue a change in State Law to provide for creation of a Public SUMMARY Facilities District for the operation of Fort Dent Park. Council direction is requested as to whether or not there is interest in pursuing this change. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DXIE: 01/14/2008 RECOMMENDATIONS: SPONSOR /ADMIN Direct staff to pursue legislative change at State level COMMTriEE No recommendation COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: MUCH OF THIS WORK WOULD BE DONE BY JAMIE DURKAN WHO IS CURRENTLY ON CONTRACT WITH THE CITY. Comments: Additional efforts on the part of the City Attorney could be required and could possibly result in additinnai attnrn v fees heinn inrurrpd by thp CTty I MTG. DATE I RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 01/22/08 1 Informational Memorandum to Council dated 12/6/07 Information paper entitled Public Corporations, Commissions and Authorities Information paper from Preston /Gates /Ellis Questions from Community Affairs and Parks Committee Minutes from the Community Affairs Parks Committee meeting of 1/14/08 TO: City Council FROM: Rhonda Berry 1 DATE: December 6, 2007 RE: Request for the Foiniation of a Public Facilities District The City has received a request from Starfire Sports to consider forming a Public Facilities District "PFD which would own and operate Fort Dent Park. The District would then contract with Starfire Sports to operate the facility. In order for this to be a possibility, there must be change in state law. Currently cities in King County are not eligible to create PFD's. Starfire has requested that we attempt to lobby for this change this upcoming legislative session. I. WHAT IS A PUBLIC FACILITIES DISTRICT? PFD's can be established by cities for the purpose of developing certain regional facilities, such as convention or special events centers. "Regional center" means a convention, conference, or special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least ten million dollars, including debt service. RCW 35.57.020. "Regional center" also includes an existing convention, conference, or special events center, and related parking facilities, serving a regional population, that is improved or rehabilitated after July 25, 1999, where the costs of improvement or rehabilitation are at least ten million dollars, including debt service. A "special events center" is a facility, available to the public, used for community events, sporting events, trade shows, and artistic, musical, theatrical, or other cultural exhibitions, presentations, or perfoltiiances. RCW 35.57.020. PFD's are authorized to impose a local sales tax (0.033 credited against the state sales tax and thus can contribute new special revenues to certain public projects. Their ability to impose this tax is subject to numerous legal constraints and the PFD's independent structure can create both opportunities and issues that should be carefully considered. PFD's are municipal corporations to perform a specific function. They are able to acquire, construct, own, finance and operate one or more regional centers. They can buy and lease property; enter into contracts; impose fees for the use of their facility; impose the following C: \DOCUME— I\shelley\ LOCALS— i \Temp\XPGrpWise\MEMO PFD Formation.doc /S /12 06;07 taxes: non -voted sales tax, voted sales tax, parking tax, and admissions tax; and issue bonds. Further, as a separate legal entity, the PFD can sue and be sued, hire staff, and operate independently from the City. II. FORMATION PFD's are foinied by Council ordinance or resolution. In most instances the local government also contemplates the approval of a charter to govern the PFD. III. GOVERNANCE OF THE PFD The PFD is run by an independent board. The board would consist of five members selected by the City Council, a portion based on recommendations from local organizations such as local chambers of commerce, local economic development councils, and local labor councils. The PFD then takes over control and responsibility for the facility. PFD's are subject to the same laws that govern municipal corporations: public records laws, open meetings laws, prohibition against use for campaign purposes, audit requirements, and ethics statutes. IV. ISSUES TO CONSIDER PFD's can only be used in limited circumstances. The project contemplated must be rather large, at least $10 million. Currently, the non -voted sales tax is only available for PFD's created before 2002; thus, a change in legislation would be necessary on this point as well. Another issue which the Council should consider is the lack of control that the City would have over the PFD. Although the City holds the power of appointing members of the PFD board, the development, management, and operation of projects are in the hands of the PFD board. This lack of control also works to limit the City's liability related to the operation of the facility. -2- C: \DOCUME- 1lshelley\ LOCALS- 1 \Temp\`CPGrpWise \MEMO PFD Formation.doclS /12/06/07 EXAMPLE ONLY Information Item Provided to Tukwila City Council PUBLIC CORPORATIONS, COMMISSIONS AND AM S THE NUTS AND BOLTS MARCH 16, 2004 PRESENTED BY: CHRIS BACHA AND STEVE VICTOR ASSISTANT CITY ATTORNEYS, CITY OF TACOMA Outline: I. BACKGROUND A. Comprehensive City Demonstration Programs B. State Law Enactment C. 1974 Supplemental Legislation D. 1985 Expansion of Funding f I. POWERS /LIMITATIONS IN GENERAL A. Any Lawful Purpose B. Corporate Boundaries C. Limitation of Liability D. Governmental Oversight E. Grant of Powers F. Limitation on Powers. G. Restrictions on Assets Transferred From Enabling Authority. i. Deed Restrictions if. Notice of Sale iii. Approval /Public Hearing H. Dissolution I11. MUNICIPAL CODE A. In General B. Use of Funds /Assets /Credit C. Creation of Public Corporations /Commissions /Authorities i. Private Party Ap5fication li. City Manager Request iii. TEDD Director Review iv. Charter IV. WHY CREATE A PUBLIC CORPORATION /COMMISSION /AUTHORITY A. Single Project/Purpose B. Benefits i. Project Management ii. Fund Raising iii. Fewer Restrictions iv. Decision Making v. insulate the Council vi. Risk Reduction vii. Financing C. Are the Benefits Real i. Project Management ii. Insulate the Council iii. Risk Reduction iv. Financing Public Corporations 1. BACKGROUND: A. Comprehensive City Demonstration Programs (Federal Law): In 1966 Congress enacted public law 89 -754 known as the Demonstration City and Metropolitan Development Act 80 Stat 1255). Purpose: Congress found that there was a persistence of widespread urban slums and blight, a concentration of persons of low income in older urban areas, and unmet needs for housing and community service resulting in deterioration of quality of life. It also found that cities did not have the resources to deal adequately with these problems even with the Federal assistance provided through the urban renewal program and other grant -in aide programs, and so it created this act to provide additional financial assistance to help cities plan, develop and carry out locally prepared and scheduled comprehensive city demonstration programs containing new and imaginative proposal to rebuild or revitalize slum and blighted areas, expand housing, job and income opportunities, improve educational facilities, combat disease, reduce crime enhance recreational and cultural opportunities, etc. B. State Law Enactment. In 1970 and 1971 new legislation was enacted, codified at RCW 35.21.660 and RCW 35.21.670 in 1971 authorizing all cities to create public corporations, commissions and authorities to carry out the purposes of the DEMONSTRATION CITY AND METROPOLITAN DEVELOPMENT ACT OF 1966. In this legislation we see the hallmarks of the public corporation: Limitation of liabilities to assets of the corporation No taxing authority or powers of eminent domain No recourse to the assets of the enabling body Power to sue and be sued Power to loan and borrow funds C. 1974 Supplemental Legislation. In 1974 the legislature added RCW 35.21.730 35.21.755 to supplement RCW 35.21.660 and 670. This legislation clarified the powers of the public corporations /commissions /authorities in the administration of authorized federal grants or programs. Puu Corporations D. 1985 Expansion of Funding. Prior to 1985, public corporations /commissions /authorities were limited to programs involving either federal grants and loans or private funds. The 1985 amendment removed the limitations on use only of federal and private funds, thus allowing local governments to contribute resources and further allowing PDA's to issue tax exempt bonds. The purpose of public corporations /commissions /authorities was now stated as follows: i. improve the administration of federal grants and programs, ii. improve governmental efficiency and services, or iii. improve the general living conditions in the urban areas of the state. RCW 35.21.730. II. POWERS /LIMITATIONS IN GENERAL. A. Any Lawful Purpose. In general any city, town or county may create a public corporation, commission, or authority by ordinance or resolution to: i. administer and execute federal grants or programs, ii. receive and administer federal funds, goods or services, or ii. perform any lawful public purpose or public function. RCW 35.21.730(4). Thus, a public corporation, commission, or authority may be formed for any lawful public purpose using funds assets from any sources. B. Corporate Boundaries. Any powers expressly or impliediy given to such a corporation, commission, or authority shall not extend beyond the boundaries of the enabling authority unless through a contract with another city or county. RCW 35.21.740. C. Limitation of Liability. The enabling ordinance or resolution must provide that the liability of such public corporation is limited to its assets to prevent recourse to the enabling authority. RCW 35.21.730(4). Public Corporations D. Governmental Oversight. The governmental authority creating the public corporation /commission /authority shall, IN ORDER TO ENSURE THAT THE PURPOSES OF EACH PROGRAM UNDERTAKEN ARE REASONABLY ACCOMPLISHED AND TO CORRECT ANY DEFICIENCY: i. provide for the organization and operation of the public corporation /commission /authority (see Chapter 1.60 TMC), ii. control and oversee operation of the public corporation /commission /authority, and iii. control and oversee the funds of the public corporation /commission /authority RCW 35.21.745. E. Grant of Powers. Any public corporation /commission /authority may be empowered by the enabling authority to: 1. own and sell real and personal property, ii. contract with individuals, associations, and corporations, the state and the United States, iii. to sue and be sued, iv. to loan and borrow funds, v. to issue tax exempt bonds and other instruments evidencing indebtedness, vi. transfer any funds, real or personal property, property interest, or services (subject to RCW 35.21.747), vii. to do anything a natural person may do, and viii.to perform all manner and type of community services. RCW 35.21.745. Public Corporations F. Limitation on Powers. 1. No power of eminent domain, ii. No power to levy taxes or special assessments, iii. May not lend credit or gift funds (Article V111, Section 7), iv. Payment of Prevailing wage, v. Open competitive bidding, vi. Compliance with open public meetings and public disclosure laws, vii. Must perform public functions /purposes (Meaning such corporations must provide a public benefit and cannot service private purposes), viii.Compliance with the code of ethics for municipal officers (Chapter 42.23 RCW), and ix. Local government whistleblower laws apply (Chapter 42.41 RCW). RCW 35.21.745 35.21.757. G. Restrictions on Assets Transferred From Enabling Authority. RCW 35.21.747 was added in 1990 in response to a situation with a transfer of assets to the Pike Place Market. The legislation mandated the following whenever the enabling authority transfers real property to a public corporation /commission /authority: 1. Deed Restrictions. Appropriate deed restrictions must be included to ensure the continued use of the property for public purposes or the purposes for which the property was transferred, ii. Notice of Sale. 30 days written notice in advance of any proposed sale or encumbrance of the property to the enabling authority as well as each local newspaper of general circulation and other media requesting such notice, and ill. Approval /Public Hearing. The governing body of the enabling authority must approve the sale or encumbrance at a public meeting that has been advertised in conformance with the statute. RCW 35.21.747. Public Corporations H. Dissolution. In the event of insolvency or dissolution, the superior court shall have jurisdiction and authority to appoint trustees or receivers of corporate property and assets. Again, all liabilities must be satisfied from such assets; there is no recourse against the enabling authority. III. MUNICIPAL CODE (Chapter 1.60 TMC). A. in General. in 1994, the City of Tacoma enacted Chapter 1.60 TMC as a statement of municipal policy and procedures for the creation of public corporations /commissions /authorities. Chapter 1.60 TMC is a codification within the Municipal Code of the state law requirements; however, this chapter establishes the process for chartering of such public corporations /commissions /authorities, more specifically delineates the authority they may exercise and the limitations upon such power. For example, additional enumerated restrictions include: i. limitations on lobbying, partisan political activity, and further the election or defeat of a candidate for office (see also, RCW 42.17.130), ii. may not engage in business for profit, and iii. may not issue shares of stock. TMC 1.60.070 080. B. Use of Funds /Assets /Credit. The Municipal Code requires that all funds, assets, or credit of the public corporations /commissions /authorities shall be applied: i. toward community services and projects and activities authorized by its charter, and ii. in furtherance of a. a public program (meaning any program a public corporation may be authorized to perform, see TMC 1.60.020(24)), b. an agreement by the City, or c. an agreement with the United Stated for a Federal program. TMC 1.60.080(A). Public Corporations C. Creation of Public Corporations /Commissions /Authorities. i. Private Partv Application. To initiate proceedings to charter a public corporation, ANY PERSON OR GROUP OF PERSONS shall apply to the City Clerk. (See TMC 1.60.090 for required applicant information). ii. City Manager Request. in the alternative, the City Manager may request the initiation of proceedings to charter a public corporation. In such case, the procedure for review and approval of the charter shall be set forth by resolution adopted by the City Council. TEDD Director Review. Upon receipt of an application from a private party, the TEDD Director shall review the application, make a determination as to whether or not the applicant meets the criteria identified in the code (TMC 1.60.100), and make a recommendation to the City Council. iv. Charter. The City Council may, in its discretion, issue a charter pursuant to resolution. TMC 1.60.090, 100, 110. iV. WHY CREATE A PUBLIC CORPORATION /COMMISSION /AUTHORITY? A. Single Project/Purpose. Typically a public corporation /commission /authority is created to manage a single project or for a single purpose. For example, i. The FWDA was created by the City to redevelop the western uplands of the Thea Foss Waterway; li. The TCRA was created to manage and administer various federal loan programs, and iii. The Seattle Pike Place Market is a PDA tasked with managing and operating the Market property. B. Benefits. The perceived benefits of a public corporation /commission /authority are: i. Project Management. Day -to -day operations of a particular enterprise can be managed by professionals. ii. Fund Raisins. Some parties are more likely to provide funds to the public corporation /commission /authority because the public corporation /commission /authority is viewed as being independent from local government and because the public corporation /commission /authority can Public Corporations ensure the funds will not be used for other purposes. This may also create opportunities for partnerships with the private sector, who would otherwise seek to avoid dealing with governmental bureaucracy. iii. Fewer Restrictions. The public corporation /commission /authority is not subject to the same limitations as the enabling authority such as charter requirements and some restrictions on competitive bidding and procurement and hiring (civil service). iv. Decision Makin{. Decision making may be more expedient because the public corporation /commission /authority can react more quickly than the enabling authority. v. insulate the Council. The public corporation /commission /authority can relieve the council from the political pressure that might bear on a particular project or undertaking as well as the day to -day decision making. vi. Risk Reduction. The public corporation /commission /authority can insulate the City from liability associated with a project. vii. Financing. The public corporation /commission /authority can finance projects without impacting the debt capacity of the enabling authority through loans or bonds. C. Are the Benefits Real. The reality of the public corporation commission /authority is not necessary equal to the perception. Local government will not always succeed in realizing the benefits of establishing a public corporation /commission /authority for a variety of reasons. The success will depend upon the purpose and more importantly the financial autonomy of the public corporation /commission /authority. The down side of the percei\ .d benefits often occurs as follows: 1. Project Management. The costs of project management often are borne by the enabling authority. ii. Insulate the Council. The enabling authority has an obligation to oversee the operation and financing of the public corporation /commission /authority, and thus must still be involved in the affairs of the public corporation /commission /authority. In addition, because state law requires council approval of sale or encumbrance upon property transferred to the public corporation /commission /authority, the Council must still be involved in the policy decisions made by the public corporation /commission /authority. The Council therefore will be subject to efforts to influence the governing body of the enabling authority. Public Corporations Risk Reduction. Often, the public corporation /commission /authority will ask the enabling authority to protect it from exposure to liability as part of a development project. This is often at the insistence of a developer who wants protection from a deep pocket. i Financing. Frequently, the public corporation /commission /authority is unable to obtain financing without the guarantee of the full faith and credit of the enabling authority. Public Corporations INFORMATION ONLY PUBLIC FACILITIES DISTRICTS A. What Are Public Facilities Districts? Public faciiities districts PFDs are municipal corporations created by a city or county to perform specific statutory functions. RCW 35.57.010 (the "City PFD statute 36.100.010 (the 'County PFD Statute Under the City PFD Statute, PFDs can also be created jointly by a number of contiguous cities or by a combination of such cities and counties. Cities in King County are not eligible to create PFDs. Unlike PDAs, PFDs are limited by statute to certain purposes. PFDs created under the City PFD Statute may only develop and operate "regional centers Regional centers are defined to include "convention, conference, br special events center, or any combination of facilities, and related parking facilities, serving a regional population constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least $10,000,000, including debt service." RCW 35.57.020(1). PFDs formed under the County PFD Statute have slightly broader powers. County PFDs are authorized to develop and operate sports facilities, entertainment facilities and convention facilities in addition to "regional centers" as defined above, together with contiguous parking facilities. In other words, County PFDs can develop and operate sports, convention and entertainment facilities that do not meet the $10 million threshold and other specific requirements for regional centers (note, however, that the nonvoted sales tax under RCW 82.14.390 can only be used for qualifying regional centers, regardless of whether the tax is collected by a City PFD or a County PFD). B. Why Are Public Facilities Districts Formed? PFDs are created to fulfill these statutory purposes: that is, to develop and operate regional centers or, in the case of County PFDs, to develop and operate other sports, entertainment or convention facilities. Since 1999, a number of PFDs have been formed to access the nonvoted sales tax that has been available under RCW 82.14.390 for regional centers. Because convention and special event centers typically are difficult to finance only from project revenues (i.e., they ordinarily require some level of tax or other subsidy, at least initially), PFDs have been formed to help finance these projects. C. What Powers Do Public Facilities Districts Have? The powers of City and County PFDs are provided in the City PFD Statute and the County PFD Statute, respectively. PFDs may engage in any of the following: Acquire, construct, own, remodel, maintain, equip, re- equip, repair, finance, and operate one or more regional centers (in the case of County PFDs, this authority is broadened to include sports facilities, entertainment facilities and convention facilities that don't meet the regional center definition); Buy or lease property; PrestonjGateslEllis LLP Enter into contracts, specifically including contracts with any city (or county, in the case of County PFDs) for the purpose of exercising any powers of a community renewal agency under chapter 35.81 RCW as well as management contracts with a public or private entity; As municipal corporations, to enter into interlocal agreements under chapter 39.34 RCW (in the case of County PFDs, this authority is to "enter into agreements under chapter 39.34 RCW for the joint provision and operation of such facilities Impose charges and fees for the use of its facilities; Accept gifts, grants, and donations; Impose the following taxes: nonvoted sales tax, voted sales tax, parking tax, and admissions tax (County PFDs have the further authority to impose voted lodging taxes as well as voted property taxes); Issue general obligation bonds (subject to debt limitations) and revenue bonds; Use design -build and GCCM supplemental alternative public works contracting procedures in connection with regional centers (either alone or by a City PFD in conjunction with a City); follow an RFP process to secure services by means of a service provider agreement; and follow procedures contained in RCW 43.19.1906 and 43.19.1911 for other purchases, contracts for purchase, and sales. In additional to these specific powers, PFDs have the usual powers of corporations for public purposes, including without limitation, hiring staff and suing/being sued. Limitations on authority are often set forth in the ordinance /resolution forming the PFD or in the PFD charter. D. How Are Public Facilities Districts Formed? A city or county may form a PFD by ordinance or resolution. PFDs formed by more than one city (or a combination of cities and counties) are formed by interlocal agreement. The statute does not specifically contemplate the approval of a charter to govern the PFD, but most PFDs have charters and bylaws that fulfill this purpose. E. How Are Public Facilities Districts Governed? The City PFD Statute and the County PFD Statute set forth the procedures for selecting boards of directors to govern PFDs. City PFD boards consist of five or seven members (depending on whether they are single city, multi -city or combined city- county PFDs) selected by the city council (or county commissioners), a portion based on recommendations from local organizations such as local chambers of commerce, local economic development councils, and local labor councils. County PFD boards also consist of five or seven members (depending on ratio of the population of the largest city in the county to total county population). Specified numbers of the members are appointed by the county council and, in some cases, the largest city's council and other boardmembers. In the case of the Washington State Major League Baseball Stadium PFD, specified numbers of members of the board are appointed by the governor and the county executive subject to confirmation by the county council. If a County PFD imposes a lodging tax, then the board must include a representative of the lodging industry. The authority that cities and counties have to appoint PFD boardmembers is a key control, under the City PFD Statute and the County PFD statute, over the PFD. Preston I Gates' Ellis LLP F. What Type Projects Can Public Facilities Districts Construct, Operate and Finance? As noted above, City PFDs are authorized only to do regional centers. County PFDs are also authorized to do other convention, entertainment and sports facilities and contiguous parking. Regional centers are specifically defined in the City PFD Statute. PFDs can develop more than one regional center, but each regional center must satisfy the following requirements embedded in the regional center definition. Convention, conference, or special events centers (the statute was amended in 2002 to add a definition for special events center: "a facility, available to the public, used for community events, sporting events, trade shows, and artistic, musical, theatrical, or other cultural exhibitions, presentations, or performances Related parking facilities; Serving a regional population; Constructed, improved, or rehabilitated at a cost of at least $10 million, including debt service; Conclusively presumed to serve a regional population if the total public cost is at least $10 million. RCW 82.14.390 allows PFDs to impose a 0.033 percent nonvoted sales tax to be used to finance regional centers. The tax is not a new tax from the perspective of taxpayers, as it operates as a credit against the amount that would otherwise be remitted to the state. RCW 82.14.390 places additional restrictions on regional center projects financed with this tax: The PFD must have been created before July 31, 2002; The PFD must commence construction of the regional center project before January 1, 2004; The facility must be financed over no more than a 25 -year period (because the tax expires when the bonds issued for the construction of the regional center and related parking facilities are retired, but not more than 25 years after the tax is first collected); The amount of sales tax collected by the PFD must be matched with a one -third match from other public or private sources (not including other nonvoted PFD taxes). The match can be in cash or in -kind. The match is measured against collections, and so presumably can be met (and must be adjusted) over time as collection occurs. If both a County PFD and a City PFD impose the tax within the same area, the City PFD tax is credited against the County PFD's tax. A number of legal issues arise with respect to PFDs: whether a particular obligation is a debt of the PFD for the purposes of statutory debt limitations, whether the PFD can serve as a conduit funder (or must have an ownership interest in the facility financed), what qualifies for the required match under RCW 82.14.390, what is required to satisfy the January 2004 deadline for commencement of construction, how to accommodate the unusual PFD statutory authority to issue general obligation and revenue bonds, what constitutes a qualifying regional center, and how to address the credit risks associated with sales and lodging tax backed bonds. There are additional legal, policy and financing issues that arise in any public /private transactions such as issues regarding the selection of private PrestonlGateslEllis LLP partners, gift of public funds questions, whether the project is a public work requiring competitive bidding, whether prevailing wages must be paid by the contractor, and the allocation of construction and operating risk. G. What Resources Do Public Facilities Districts Have? Unlike PDAs, PFDs have the power to impose both voted and nonvoted taxes. Like PDAs, PFDs also have authority to generate project revenues from user fees. Resources include: Charges and fees for the use of facilities Gifts, grants, and donations State sales tax credit (up 0.033% of the sales price; Regional Centers only) Voter approved lodging taxes (County PFDs only) Voter approved excess property tax levies (County PFDs only) Admission taxes (up to one cent on twenty cents of admissions charges; Regional centers) Parking taxes (up to 10 Regional centers) Voted sales taxes (up to two- tenths of 1 H. Can Public Facilities Districts Issue Tax Exempt Bonds? PFDs can issue tax- exempt or taxable bonds, either as general obligation bonds or as revenue bonds. General obligations are backed by the full faith, credit and resources of the PFD and are subject to statutory debt limitations. Any bonds backed by taxes are ordinarily viewed as debt subject to these limitations. Revenue bonds are not debt for the purposes of these debt limitations and are backed by net revenues of the project financed. PFDs may issue double barreled bonds (for example, backed by both tax receipts and net project revenues). Tax exempt financing can reduce the cost of developing a regional center or other project. There are numerous federal tax law considerations that a PFD should take into account in order to take advantage of this resource. Generally, for bonds to receive tax exempt status, the project financed by the bonds must be used for a public purpose, as opposed to a private activity, and must be repaid from public funds and not private sources. Any management contract with a private party must meet the safe harbor requirements under the federal tax code. I. What Are Examples of New Public Facilities Districts? The oldest Washington PFD is the Spokane PFD, formed in 1989 to complete the Spokane Veterans Memorial Arena (the Spokane PFD is currently planning a number of improvements including an expansion of the Spokane Convention Center; the Fair and Expo Center Grandstand to be developed in partnership with Spokane County; and CenterPlace at Mirabeau Point to be developed in partnership with the new City of Spokane Valley). The King County major league baseball stadium was also developed by a PFD (and the County PFD Statute has a number of special provisions that apply to just baseball PFDs). Preston IGateslEllis LLP A large number of PFDs have been formed since 1999 to take advantage of the nonvoted sales tax available under RCW 82.14.390 for regional centers that commence construction by January 1, 2004. Bellingham Whatcom County PFD (created July 2002). The Bellingham Whatcom County PFD is working to complete a cultural center, including the renovation and expansion of the Mount Baker Theatre. Other projects may include the partial renovation of the Whatcom Museum; and the future conversion of the existing Bellingham Library building for Museum uses, such as for a Children's Museum and exhibit space. Snohomish County PFD (formed July 2001). The Snohomish County PFD jointly provides a number of regional centers with other City PFDs: the Everett Arena and related parking facility, the South Snohomish County Conference Center to be built in Lynnwood, and the Edmonds Centre for the Performing Arts. The Edmonds PFD, the Everett PFD, and the City of Lynnwood /South Snohomish County PFD are the City PFDs formed to complete these joint projects. The Everett PFD has issued interim financing for its project in the form of commercial paper backed by a bank letter of credit. Benton County PFD (formed July 29, 2002). Following a model similar to the Snohomish County PFD, the Benton County PFD was formed to support regional center projects completed jointly with City PFDs, such as the Kennewick PFD, the City of Prosser PFD, the City of Richland PFD, and the City of Pasco PFD. The Kennewick PFD is working to develop a convention center, while the Richland PFD is developing a campus of special events facilities including a historical museum, an interpretive center for the federal Hanford Reach National Monument and a tribal cultural center. A number of PFDs in Thurston County are also working on joint endeavors. The Lacey PFD was created in July 2002 and the Capitol Area Regional Public Facilities District was formed in June 2002 (by Thurston County and the Cities of Lacey, Olympia, and Tumwater). The Olympia project is a new conference center in downtown Olympia; the Lacey project is a sports complex. Grays Harbor County PFD (formed July 15, 2002). The Grays Harbor County PFD is working with the City of Ocean Shores to develop a new convention center in Ocean Shores. The City is considering a private /public transaction with a private developer interested in building hotel and other tourism facilities in Ocean Shores. Greater Tacoma Regional Convention Center PFD (formed October 12, 1999). The Tacoma PFD consists of Pierce County as well as the cities of Tacoma, Fife, Lakewood, and University Place. The PFD has financed a new convention and trade center. The City of Tacoma has issued two rounds of commercial paper financing for the project, backed by bank letters of credit. The financing was structured to include both general obligation and revenue components, to minimize impacts on the City's debt capacity. 1 Thanks to Alison Henshaw, Administrative Assistant, Bellingham Whatcom Public Facilities District for compiling a list of all current PFD projects. The list included in this portion of the paper was drawn from Alison's materials. Preston I Gates I El I is UP Vancouver PFD (formed October 18, 1999). The Vancouver PFD is working to develop a hotel and convention center. The City has also formed a PDA to assist in the transaction, which includes a number of public /private features. Yakima Regional PFD (formed in July 2001). The Yakima Regional PFD includes the Cities of Selah, Union Gap and Yakima. The Yakima Regional PFD is expanding the Yakima Convention Center. The City of Yakima issued LTGO bonds to finance the improvements, to be repaid with PFD nonvoted sales tax revenues. Cowlitz County PFD (formed December 27, 1999). The project is a Regional Conference and Special Events Center. Kitsap PFD (formed May 15, 2000). The Kitsap PFD is involved in two joint regional center projects: a Conference Center in Bremerton and a special events center at the Kitsap County fairgrounds. The projects have been financed through LTGO bonds issued by Kitsap County, to be repaid with nonvoted sales taxes collected by the PFD. Skagit Regional Public Facilities District (created August 14, 2001). The Skagit PFD is developing a performing arts and conference center in conjunction with and on the campus of Skagit Valley Community College. The Skagit PFD sold its general obligation sales tax bonds on April 1, 2003. J. What Are the Disadvantages of Forming a Public Facilities District? Because of the limited statutory purposes of PFDs, PFDs can only be used in limited circumstances. In the case of City PFDs, and in the case of any PFD project financed with the nonvoted sales tax, projects must be relatively large (at least $10 million), must be either a convention /conference or special events center and must be underway (ready to start construction by January 1, 2004). Also, because the nonvoted sales tax is only available for PFDs created before July 31, 2002, the window for creating new City PFDs is essentially closed. A PFD could still be formed, but it would not be able to access the nonvoted sales tax, which has been the real attraction in forming PFDs in recent years. Another disadvantage of forming a PFD is the relatively low level of control the creating city or county has over the PFD and any PFD project. Although the creating municipality holds the power of appointing all or a portion of the members of the PFD board, generally the development, management, and operation of projects is in the hands of the PFD's board. Contract or charter provisions may provide for oversight and control over the PFD. The practical utility of these controls may be limited. Should the city or county desire to take steps to enforce charter or contract provisions it will need to do so in a public setting, which may prove contentious. Likewise, any action to replace board members could be contentious in a public setting. The lack of control over the project and the PFD, however, may be beneficial for the city or county as it reduces liability and financial risk to the city or county. Preston I Gates 1 Ellis LLP K. What Legal Requirements Apply to Public Facilities Districts /Public Facilities Districts? As a municipal corporation and taxing district, PFDs are subject to all laws that apply to such entities, including open public record requirements under chapter 42.17 RCW; open public meetings and other public process laws as provided in chapter 42.30 RCW; the prohibition on using PFD facilities for campaign purposes under RCW 42.17.130; to be audited by the State auditor and to be subject to various accounting requirements provided by chapter 43.09 RCW; and ethics requirements applicable to municipal officers under chapter 42.23 RCW. A PFD is also subject to constitutional constraints imposed on local governments, primarily limiting the use of public funds. Article VIII, Sections 5, 7 of the Washington Constitution prohibit the lending of public credit or gift of public funds to private entities, with limited exceptions. Furthermore, Article VII, Section 1 and Article VIII, Section 6, require that public debt be incurred and taxes levied exclusively for public purposes. Such constitutional constraints are triggered particularly when a public /private partnership is formed due to the private sector involvement. P:vARUARIOA Preston I Gates I Ellis LLP Community Affairs and Parks Committee Questions Regarding Formation of a Public Facilities District 1 By lobbying for a change in the state law, will that in any way obligate us to support the PFD for Starfire should the change be approved and becomes law? 1 would caution against requesting a legislative change for something the Council doesn't fully support or isn't ready to do; this could hurt us in the long run. Though some PFD'S have been created with no specific project in mind, those formed recently in Kent and Lewis County were for specific projects Kent's ice Arena/Performing Arts Center and Lewis County's rodeo arena. 2 In Section II Formation, what is meant by the sentence "In most instances the local government also contemplates the approval of a charter to govern the PFD Usually the formation ordinance attaches a charter- drafted by the City- that indicates how the PFD will be governed 3 Currently the city owns the land if a PFD was formed would the PFD then own the and and the buildings on the land? Once the PFD is formed, ownership of the park land would be transferred to the PFD. Any assets owned by Starfire would be purchased from Starfire. 4. Would any portion of Ft. Dent, the parks or trails, be able to remain under ownership and operation by the City? Yes. The PFD creation ordinance would define what property is transferred to the PFD and the City could reserve some of the park to remain with the City. Retaining a portion of the park would, however, diminish the amount of savings the City would realize from transferring the property to the PFD. 5. What City costs would be eliminated by the creation of a PFD for Ft. Dent Park? The City would be relieved of the approximately $60,000 currently spent on park maintenance at Ft. Dent. 6. Since Ft. Dent was initially acquired by the use of Forward Thrust funds, would the PFD have any obligation to keep a portion of Ft. Dent as open public space? The park would have to continue to be used for public recreation purposes 7. D. 1985 Expansion of Funding. How would the PFD (and Starfire) meet the (3) purposes of public corporations as amended in 1985? Do they need to meet all 3 or just one of the criteria? The three purposes of public corporations can be met by 1) improving the administration of federal grants and program; 2) improving governmental efficiency and services, or 3) improving the general living conditions in the urban areas of the state. Meeting one of the three criteria is sufficient for creation of the PFD(Reference RCW 35.21 730). 8. Governmental Oversight. If oversight of the PFD is required by the governmental authority creating the PFD, what will it cost us to provide on -going control and oversight of the funds, etc. Will we be compensated for our administrative costs involved in fulfilling this role? There is no requirement for direct City oversight. 9. Would the PFD be able to sell or transfer Ft. Dent to another party without our permission? The PFD would be able to sell or transfer that portion of Ft. Dent under its control, without City permission, as long as the new entity operated the park for public recreation purposes. 10 If the PFD declares bankruptcy, does the property return to the city? The ordinance creating the PFD will cover dissolution and can specify that the property revert to the City of the PFD is dissolved. If the district has outstanding obligations at the time of dissolution, the dissolution ordinance can be made subject to the payment in full of the outstanding debt. 11. Can the City be held liable for obligations of the PFD? No. Upon formation, the PFD is a separate legal entity 12. Of, if the property is sold to another party, could the city be given the right of 1st refusal? The City can be given the right of first refusal if that is written into the transfer agreement with the PFD. 13 If a PFD is a non profit, what are their main sources of revenue? RCW 35.57.040 provides that the PFD can charge admission charges, parking fees, sales and use taxes, and charge for the use of facilities. In addition, admission taxes and parking taxes may be imposed, though the City would forego those taxes for the PFD facility if the PFD chose to impose them. In other words, patrons would not pay parking tax to both the PFD AND the City of Tukwila. The PFD has the ability to issue bonds, and would receive a 0.033% share of the State's portion of sales tax generated in Tukwila. 14. Are PFD Governing Board members paid? Staff could only find provisions for the payment of travel expenses and per Diem (RCW 35.57 0510) 15. Risk Reduction. If the PFD asks the city to protect them from exposure to liability, and if the corporation is unable to obtain financing without the guarantee of the enabling authority, how much risk and liability would this create for the city? Once the PFD is formed it becomes its own entity. The City should not include any agreement to guarantee funds in the enabling ordinance; to do so would be lending credit for an entity over which it has no control_ Community Affairs Parks Committee Minutes January 14. 2008 Paae 2 C. Starfire Snorts Presentation on Prom-ams and Maior League Soccer Bruce Fletcher provided a brief history of the five year relationship of Starfire Sports in the City of Tukwila. Within the next few days he will provide a copy of the 40 -year public /private agreement between the City and Starfire. Chris Slatt, owner and operator, gave a PowerPoint presentation of Starfire Sports operations. This 501(c)(3) organization collaborates with a number of businesses, corporations and community groups that are primarily oriented around youth sports. He shared that Starfire Sports began with societal concerns regarding the future of today's youth. The Starfire mission is to provide world class inclusive facilities available to all youth. Starfire strives to be a platform for other organizations in order to create innovative programs. Over 1,000,000 people are estimated to visit the Starfire Sports complex each year (approximately, 150,000- 200,000 unduplicated visitors). Mr. Slatt's presentation included a timeline of milestones the organization has experienced since its inception in January 2003, including but not limited to additional fieldturf soccer fields, a 2200seat stadium, and an indoor 80,000 square foot athletic center. Other areas of discussion were: the Starfire Sports Concept (not a soccer club); Starfire Programs; Soccer Schools; Starfire Kids of Tomorrow; Soccer tournaments and other youth activities and events. Representatives from Starfire also discussed the financial assistance provided to local residents who are unable to pay associated soccer fees. The financial assistance has included waiving of individual and/or teams fees and related equipment expenses. MLS OOvortunitv. Mr. Slatt also discussed an opportunity that may be available to bring Major League Soccer (MLS) training and practice to Starfire Sports at Fort Dent Park. He explained that there are currently 14 MLS teams in the United States and Canada and the Seattle will be the 15 team. The MILS Seattle team will begin training late in 2008, and will play their first game at Qwest Field in 2009. Mr. Slatt would like to see the MLS team designate Starfire Sports as their training facility. He shared that the opportunity would give Starfire the ability to incorporate players and coaches into youth programs and schools as well as generate regional, national and international recognition. At this time, it appears as if there may be some discussion of utilizing a current practice area in Kirkland. It would cost the Seattle MLS team/owners approximately $2 million to prepare Starfire for MLS use. Mr. Slatt and Bruce Fletcher briefly discussed the effects this opportunity would have on softball players since it is likely the current softball fields at Fort Dent Park would need to be removed to make room the MLS practice field and respective facilities. Bruce said that currently, the softball fields serve 30 -40 Tukwila residents verses 200 or more Tukwila youth who utilize the facility for soccer. It appears as if the softball effect would be regional rather than local. INFORMATION ONLY. D. Formation of a Public Facilities District for Operation of Fort Dent Park At the December 10 COW meeting Rhonda Berry reported on a request from Startfire Sports regarding a request to form a Public Facilities District (PFD). Additionally she provided a memo regarding this t request and basic information regarding PFDs to all Councilmembers in early December. In summary, a Public Facilities District is a municipal corporation which creates a revenue source for the operation of a facility. Although a PFD is commonly used for the creation of new facilities, it can be utilized for an existing facility /center. The total cost of the facility must be at least $10 million. Starfire Sports meets these criteria; however, State Law currently restricts the formulation of Public Facilities Districts in King County. Therefore, the City would need to lobby the State Legislature for a change in law in order to formulate a PFD. Community Affairs Parks Committee Minutes January 14. 2008 Paae 3 If the State passed legislation which allowed the City of Tukwila to create a Public Facilities District, the City Council would need to pass an ordinance that creates the District. The Committee continued to discuss the PFD in detail. 7 Staff is requesting a formal decision from the Council if the Council is or is not inclined to support a change with the State Legislature before staff invests additional time to this request. The Committee did not determine support for or against the Public Facilities District, but recommended moving the request on to full Council for further discussion. Chris Slatt of Starfire stated that he is in support of the PFD for two reasons: 1.) The Current Starfire debt service is too high; and 2.) Other expansion problems /needs. Kimberly Matej explained that the Council would be discussing legislative priorities at the January 22 Regular Council meeting. Due to the short time frame to lobby this potential request as well as the light agenda for January 22, it might be best for the Council to discuss this issue at that time. The Committee agreed. FORWARD TO JANUARY 28 COW FOR FURTHER DISCUSSION TO DETERMINE COUNCIL INTEREST. III. MISCELLANEOUS At the opening of the meeting, Committee Chair Hernandez welcomed all attendees to a new year. As Chair she requested that staff hold the CAP agendas to no more than four items in order to address all the items prior to the end of each meeting. She noted the time constraints on CAP meetings due to Council meetings which follow, beginning at 7:00 p.m. Additionally, Joan requested the meetings to end at 6:30 p.m. in order to allow for time to prepare for the Council meeting. Meeting adjourned at 6:36 p.m. Next meeting: Monday, January 28, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval I.; by KAM. Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR January 7 14 22 (Tuesday) 28 l,r Special Presentation: New Years Day See agenda packet 2007 COPCAB awards (City offices closed) cover sheet for this Special Issues: u :r week's agenda Interlocal agreement M.L. King Jr. Day (January 22, 2008 for Minor Home (City offices closed) Regular Meeting) Repair Program Resolution creating a Sign Code Committee Strander Blvd. Extension interlocal agreement with City of Renton Ordinance adopting 2008 Standard Specifications Ordinance adopting WSDOT Access Permitting Standards for SR 181 Interurban Avenue Pavement Repair bid award Commit l EEOFTHE WHOLE Mt.t.1ING TO BE FOLLOWED BY A SPECIAL MEETING February 4 11 19 (Tuesday) 25 18th Special Presentation: Presidents Day State of the Tukwila (City offices closed) Municipal Court (Judge Kimberly Walden) Bid Award: Interurban Avenue Pavement Repair Unfinished Business: Interlocal agreement for Minor Home Repair Program Resolution creating a Sign Code Committee Strander Blvd. Extension interloc al agreement with City of Renton Ordinance adopting 2008 Standard Specifications Ordinance adopting WSDOT Access Permitting Standards for SR181 Upcoming Meetings Events JANUARY FEBRUARY 2008 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) Utilities Cmte, Finance Planning Highway 99 M.L. King, Jr. Day 5:00 PM Safety Cmte, Commission City offices closed (CR 51) 5:00 PM 7:00 PM Trash Pickup (CR 53) (Council Day Chambers) 9:00 10:00 Aft City Council For location call Regular Mtg., COPCAB, Donna at 7:00 PM 6:30 PM 206 -242 -5556 (Council (CR 15) Chambers) \t 28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday) Community Affairs Transportation Parks Cmte, Cmte, 5: OO PM 5:00 PM (CR 53) (CR 51) Court City Council READY! for Committee of the Kindergarten Whole Mtg., Gloss 7:00 PM (Council 6:00 8:00 PM Chambers) Thorndyke C.O.W. TO BE Elementary IMMEDIATELY FREE for Tukwila FOLLOWED BY A families SPECIAL MEETING For more information call 206- 901 -7663 or e- mail ReadyForK@ tukwila.wednet.edu 1 Tukwila's government channel is now available to Comcast subscribers in Tukwila on Channel 21. Tune in for meeting and event 4 1____ information, emergency reports and other public service announcements. Arts Commission: 1st 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. Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room O. Contact Bev P /illison at 206 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 43. >COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rrn 45. Phi Huynh (206- 433 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 A,M, Conf. Room 45. Contact Phi Huynh at 206- 433 -7175. >Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Matej at 206- 433 -1834. >Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 43. Agenda items for 1/23/08 meeting: (A) Interlocal agreement to provide tourism and marketing services to the City of Kent. (B) Ordinance adopting by reference RCW 9.16.260, Cyberstalking. (C) Ordinance adopting by reference RCW 9.1.56.063, Making or Possessing Motor Vehicle Theft Tools. (D) Ordinance amending TMC 704.090, Dangerous Dog Appeal Process. (E) Technology options for use by the City Council (F) Future agenda items and meeting protocol. >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 even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 431 -3670. Sister City Committee: 1st Wed., 5 :30 PM, Conf. Room 43. Contact Bev Willison at 206 -433 -1844. Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 51. >Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. >Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf Room 51. Agenda items for 1/22/08 meeting: (A) Water District 125 infrastructure transfer (information letter to residents). (B) 2007 Small Drainage Program acceptance and contract closure. (C) 2008 utility engineering issues. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). I