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HomeMy WebLinkAboutCOW 2011-05-09 COMPLETE AGENDA PACKET Tukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers: Joe Duff ie Joan Hernandez Steve Lancaster, City Administrator Dennis Robertson Verna Seal Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn Monday, May 9, 2011, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL a. An application for Community Development Block Grant (CDBG) funds Pg.1 ISSUES for the 2012 Minor Home Repair Program to serve the cities of Tukwila, SeaTac, Des Moines, Covington and Pacific in the amount of $125,000. b. A lease extension with the Way Back Inn. Pg.39 c. A resolution opposing federal preemption of local land use authority Pg.53 related to railroads and urging the United States Congress to clarify its intent regarding local authority. 4. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or tukclerk @ci.tukwila.wa.us). 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. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS �nitials -I ITEMNO. •u Meetrn,g Date Prepared by 4reviem Counc review I 05109/11 I EB I 05/16/11 I EB ITEM INFORMATION CAS NUMBFsR: 11-048 1STAFr SPONSOR: EVEYLN BOYKAN ORIGINAL AGENDA DATE: MAY 9, 2011 . Minor Home Repair Application to King County for Community Development Block Grant Funds (CDBG) C.\•n;1(;ORY N Discussion N Motion Resolution Ordinance Bid Award PuhlicHearing Other tlfig Date 05109119 Mt g Date 05/16/11 Mtg Date Mtg Date kltg Date Mtg Date Mtg Date (SPONSOR Council [g Mayor HR DCD Finance Fire IT P&'R Police PW/ SPONSOR'S City Council is being asked to authorize the Mayor to sign the CDBG application to King SUi\ Mt\RY County for Minor Home Repair for the cities of Tukwila, SeaTac, Des Moines, Covington and Pacific in the amount of $125,000. RI;\'II {WGD BY COW Mtg. N CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/25/11 COMMITTEE CHAIR: VERNA SEAL RECOMMENDATIONS: SPONSOR /ADM1N. Mayor's office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPE',NDITURE RI3QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: HOUSING AND URBAN DEVELOPMENT Comments: I MTG.DATEI RECORD OF COUNCIL ACTION 5/9/11 MTG. DATE I ATTACHMENTS 5/9111 Informational Memorandum dated 04/20/11 Draft application Minutes from the Community Affairs and Parks Committee meeting of 04/25/11 5/16/11 1 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton, Steve Lancaster Community and Parks FROM: Evie Boykan, Human Services Manager DATE: April 20, 2011 SUBJECT: Authorization to submit CDBG Application for Minor Home Repair 2012 ISSUE King County must receive a signed application, as authorized by the City Council, for the annual application to King County for Federal Community Development Block Grants. These funds target the Tukwila Minor Home Repair program. For 2012, we, again propose serving as the fiscal administrator for minor home repair in the cities of Tukwila, SeaTac, Des Moines, and Covington. We are proposing adding the City of Pacific for the next year. This program successfully assists low and moderate income homeowners in maintaining their homes. BACKGROUND The Office of Human Services has been administering this program in -house since 2005. In 2010 our contractors served 23 unduplicated Tukwila households with 154 hours of labor. The Current budget is $110,000 for the entire program and $25,000 for Tukwila. We propose asking for $125,000 to cover the addition of Pacific as well as work related to new regulations on lead based paint. DISCUSSION This application competes county wide with other capital federal applications from both cities and non profit agencies. Tukwila sits at the table to recommend capital projects, but of course cannot vote on their own application. RECOMMENDATION We seek Council support for this application at the May 9, 2011 Committee of the Whole Meeting and subsequent May 16, 2011 Regular Meeting. ATTACHMENTS Part I of the Application to King County. WA2011 Info Memos\CDBG2012.doc 3 4 PART I. APPLICATION TITLE PAGE 201 CDBG a ital%1 hcatio T K _P. pP:. 1. Applicant Agency Name City of Tukwila 2. Title of Proposed Project Tukwila /SeaTac /Des Moines /Covington /Pacific Minor Home Repair 3. Project Site Street Address Sites are the individual homeowners within the cities cited above. Zips cover 98042, 98148, 98168, 98178, 88, 98 (For Mapping Purposes) (Zip Code Required) Congressional District: 3.1 Provide boundaries of service delivery area in narrative form (describing natural boundaries, site street names, roads, etc).and provide a map outlining the area that will be served. Projects will take place in the natural city boundaries of Tukwila, Sea Tac, Des Moines, Covington and Pacific. 4. Proposed Use of CDBG Funds (Summarize in one or two sentences how CDBG funds will be used.) Funds will be used to fully subsidize the cost of repairs and housing maintenance for income eligible homeowners within the cities of Tukwila, SeaTac, Des Moines, Covington and Pacific. Funds address low /moderate income housing preservation and maintenance. 5. 2012 King County CDBG Funds Requested: 125,000 Matching funds (private): $_in kind $16,000 Other Grant, State Federal Fund Sources (detailed in Application) Total Project Cost: 141,000 6. Can your project be funded at a reduced level if necessary? _x_ yes no. If yes, what is the minimum amount of CDBG funding needed to still have the project go forward? $_75,000 (this would still allow a small amount to be done in each jurisdiction) What would be changed to address the reduction of funds? Program would likely terminate before the end of the year. Nature of Drojects accepted might change. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION INCLUDED IN THIS APPLICATION HAS BEEN CAREFULLY EXAMINED. APPLICANT UNDERSTANDS AND AGREES TO COMPLY WITH THE POLICIES, RULES AND REGULATIONS REFERENCED IN THE APPLICATION IF FUNDING IS AWARDED. IT IS FURTHER UNDERSTOOD THAT INFORMATION PRESENTED IN THIS APPLICATION WILL BECOME A PART OF ANY SUBSEQUENT FUNDING CONTRACT. Applicant Contact Information X Authorized Signature of Applicant Print or Type Contact Name and Title Print or type Name and Title E -mail Address E -mail Address: Phone and Fax ATTENTION: Applications submitted by cities or towns must be sinned, not stamped, by your Mayor or City Manager and authorized by your City Council. Applications submitted by nonprofit organizations or special districts must be sicined by an authorized representative and authorized by vour board. PART I General Information /Agency Information and Part II Federal Requirements Page 1 of 21 2012 CDBG Capital Application 5 PART I. APPLICATION TITLE PAGE WiJ56BG Caprtal Ap l cat`rt c r� A copy of City Council or board minutes authorizing submittal of your application must be submitted with the application. If more than one application is submitted, the City Council or board minutes authorizing the applications must indicate priority order of proposal request. PART I General Information /Agency Information and Part II Federal Requirements Page 2 of 21 2012 CDBG Capital Application 6 PART I. AGENCY INFORMATION 2012 CDBG Capital Application A. AGENCY CONTACT SHEET AND ORGANIZATION INFORMATION Grant Writer Contact Name: _Evelyn Boykan Agency Name/Title: City of Tukwila E -Mail: eboykan @ci.tukwila.wa.us Phone and Fax 206 433 -7180 206 433 -7181 Web Site Address: General (Offices) Agency Name: City of Tukwila Mailing Address: 6200 Southcenter Blvd City /State /Zip: Tukwila, WA 98188 Phone and Fax 206 433 -7180, 206 433 -7183 Web Site Address: www.ci.tukwila.wa.us Executive Director Name/Title: Steve Lancaster, City Administrator E -Mail: slancaster @ci.tukwila.wa.us Phone and Fax 206 433 -1851 Financial Staff Name/Title: Shawn Hunstock, Finance Director E -Mail: shunstock @ci.tukwila.wa.us Phone and Fax 206 433 -1838, 433 -1833 Fiscal Information Applicant's Federal Taxpayer ID No. 91- 6001519 Applicant's Federal DUNS Number:01- 020 -7504 CCR Number 47Z60 King County Vendor D40902D B. AGENCY SERVICE INFORMATION B.1. What services does your agency provide? Describe the need or problem your program is designed to meet. What is the problem /need you are addressing? Quantify this need, using local or regional data that confirm or describe the problem or need. How much of the need are you currently serving? The City of Tukwila provides municipal services to a diverse residential population of just over 19,000 residents. The majority of the population is low to moderate income with 23.1 of families below poverty level and 24% of individuals below poverty level (2005 -2009 American Community Survey). About 65% of Tukwila's housing stock is 40 -50 years of age or older. Significant numbers of homeowners experience a cost burden in maintaining their housing. We expect that we serve about 10% of the need in Tukwila. The majority of our residents that have been served are between 0 and 50% of median income. 6.8% of SeaTac residents are over 65. 8.1% of those live under the poverty line. 11.5% of the population and 11.2% of families live below the poverty line. According to the Census, 357 homeowners at or below 30% of median income, experience a severe housing cost burden. 90% of SeaTac homes were built between 1956 and 1980. Due to household income limitations, home repairs that address health and safety are often not addressed and an older adult's safety can be compromised. A fall, injury, or even the threat of such an incident affects and elder's ability to remain independent in their home. 95% of SeaTac minor home repair applicants have been seniors or individuals with disabilities, living well below the poverty line. The housing repair program has offered a lifeline to those who are trying to maintain their independence. The Des Moines Minor Home repair program serves a diverse population and over 14.8% of the residents are older than 65. From the 2000 census, 320 homeowner households earn 30% or below income. Of these households, 20 -51 of them experience a severe cost burden. Des Moines staff /volunteer partners with their senior center to identify housing repair needs. 33.3% of the population lives substantially under median income and 7.6% live well below the poverty line. Many of their clients are senior citizens and adults with disabilities. PART I General Information /Agency Information and Part II Federal Requirements Page 1 of 21 2012 CDBG Capital Application 7 PART I. AGENCY INFORMATION 2012 CDBG Capital Application The City of Covington has a population of approximately 17,900 with 5,800 housing units. Owner occupied homes make up 88% of the housing units. Forty -four percent of the housing stock was built nearly 40 years ago resulting in many homes in need of minor repair work to maintain the value of the community and increase the quality of life to homeowners. Due to financial limitations, home repairs are being neglected which leads to further deterioration and health issues to the homeowners. Current demographics indicate 4% of the households are below poverty level and 13% of families with female headed householder have incomes below poverty level. The senior population of residents over the age of 65 is 5.7 The City of Pacific's Community Services Department reaches out to deliver programs and services to assist seniors,youth and families i� meeting a multitude Multitude of their basic needs. Pacific programs �s support approximately 5500 citizens with 2090 housing units according to the 2000 census 18% of single family units consist of persons 55 and older with 118 housing units that are at or below poverty level. The median household income for Pacific is $30,944. As their population ages in their 100 year old city, so does the homes of the senior citizen and disabled adult populations that often require minor home repairs to sustain independent living. Due to their financial limitations, minor home repairs are often not addressed. As a result, the safety of this vulnerable population is compromised. B.2. How do you determine eligibility (income screening, location of residence, eligibility in other government programs? Are you familiar with current CDBG income screening requirements? PART III, VI and VII applicants, provide a copy of the tool used durina the client intake orocess as an attachment. Cities use an approved application tool which meets the required data needs. Each homeowner submits substantiating income data. Tukwila human services has managed a minor home repair program since 2005, so all parties are familiar with eligibility requirements. B.3. Describe the process your agency uses to a) assess community needs, b) obtain input from clients on service delivery and c) ensure the services are delivered by culturally competent staff in a culturally competent manner. How often is this completed? Part of our role in Human Services is to collect demographic information which informs our process of human service contracts. We coordinate across city departments, community based organizations and our local school district to collect information about community needs. We also use census information, DSHS information and United Way supporting information. Annually we seek and receive feedback from both phone follow up and client satisfaction survey data. While we occasionally use other city employees to help with language capacity, we need to rely on specialized providers to assist limited English speaking residents. We try to take advantage of trainings and also sensitize our contractors to the diversity in our population. PART I General Information /Agency Information and Part 11 Federal Requirements Page 2 of 21 2012 CDBG Capital Application PART I. AGENCY INFORMATION 2012 CDBG Capital Application B.4 Agency Service Profile. Using the table below, indicate the total number of individuals, including family members, served by your agency during 2009 and 2010according to the applicable income category. Yearly Income 30% Median 50% Median 80% Median Total number of Categories Very Low Income Low Income Moderate individuals Income served For year 2009 135 16 18 159 For year 2010 141 126 111 178 C. AGENCY PROGRAM EXPERIENCE C.1. Describe the length of time the agency has operated, date of incorporation, the purpose of the agency, and the type of corporation. Describe the type of services provided, the agency's capabilities, the number and characteristics of clients served, and required licenses to operate (if applicable). The City of Tukwila, incorporated in 9908 serves the residential and business population with standard municipal services. C.2. Briefly describe the agency's existing staff positions and qualifications, its capacity to carry out this activity, and state whether the agency has a personnel policy manual with an affirmative action plan and grievance procedure. Evelyn Boykan, Human Services Manager, has managed CDBG funds since 9999 and a minor home repair program since 1999. In 2005, the program was taken in house. She has served in her position for 19 years. The city maintains a personnel policy manual and is an equal opportunity employer and assures equal employment regardless of race, creed, color, ethnicity, etc. The City also maintains a grievance policy and procedures. D. AGENCY BACKGROUND INFORMATION D.1. Provide current list of Agency Board of Directors: Include name, position /title, city residence, length of time on the Board, and expiration of terms. Note any vacant positions. (Non- Profit only) Insert text here D.2. Provide Agency's current adopted Mission Statement: Insert text here D.3. OMB A -133 Audit D.3.1 Did your agency receive a cumulatively amount of $500,000 or more in federal funds in 2010? Yes No (If yes, please provide a copy of the Schedule of Expenditures of Federal Awards (SEFA). D.3.2 Does your agency anticipate receiving a cumulative total of $500,000 or more in federal funds in 2011? Yes No DA Required Attachments D.4.1 Current Bylaws; Articles of Incorporation (Non- Profit only) D.4.2 Copy of Non Profit IRS Letter of Designation (Non- Profit only) D.4.3 Organization Chart (Required of all Applicants) PART I General Information /Agency Information and Part II Federal Requirements Page 3 of 21 2012 CDBG Capital Application 9 PART I. AGENCY INFORMATION 2012 CDBG Capital Application D.4.4 A copy of most recent Audit (Required of all Applicants); if an audit is not available, then financial statements that include General Ledger and Balance Sheet detail for a one year period is acceptable. D.4.5 If Community Based Development Organization (CBDO), updated information demonstrating current CBDO eligibility status. PART I General Information /Agency Information and Part If Federal Requirements Page 4 of 21 2012 CDBG Capital Application ,0 PART I. AGENCY INFORMATION 2012 CDBG Capital Application E. PROJECT PARTNER SPONSOR INFORMATION: (Applies to King County Housing Authority and King County Department Sponsored Projects only) E.1. General Agency Name: Mailing Address: City /State /Zip: Phone and Fax Web Site Address: E.2 Executive Director Name/Title: E -Mail: Phone and Fax E.3. If King County: (Division Director) Name/Title: Department: E -Mail: Phone and Fax Assigned Staff Contact Name: E -Mail: Phone and Fax F. CULTURAL COMPENTENCY ADVISORY SECTION ON CULTURAL COMPETENCY IN PROVISION OF SERVICES Purpose: Please note that this section is strictly advisory to the applicant. The purpose of this page is to call attention to a trend still in development, but that is receiving considerable discussion nationwide and for which standards will likely be developed in the future. This the trend to achieve cultural competency in the delivery of social services to populations of diverse ethnic, racial, religious, linguistic and other backgrounds. Most local agencies are already serving the needs of these diverse populations with great success. The concept of cultural competency seeks to extend these efforts to even better serve the diversity of people in our communities. Definition of Cultural Competency: An ongoing and evolving process that comprises knowledge attainment and the development of behaviors, attitudes, policies, and practices that come together in a system of care enabling agencies, programs, and individuals to increase access to services and to develop or adapt services that are appropriate to specific cultural needs. Cultural competency implies a process, rather than a single point in time. Further, it requires the attainment of knowledge and skills that will help providers and programs work more effectively with people who have diverse backgrounds and experiences. Finally, cultural competence requires action to increase access and cultural adaptation based on what is learned about individuals and communities. Cultural competency denotes a commitment to social change, accessibility to opportunity, and delivery of services that are relevant to the details of a household's particular cultural background. PART I General Information /Agency Information and Part II Federal Requirements Page 5 of 21 2012 CDBG Capital Application 11 PART I. AGENCY INFORMATION 2012 CDBG Capital Application Please respond to the following questions: (Please answer all three questions one single page.) F.1 To the best of your ability please describe the diversity of people your agency currently serves in terms of the following categories: race, ethnicity, religious affiliations, language groups, sexual orientation, and disability (physical and psychiatric), According to the latest American Community Sruvey, 43.1 of the population speaks a language other than English at home. 33.8% of the population were foreign born and over 65 languages are spoken. The Tukwila school district, while small, is the most diverse district in the Nation. 17.6% of our residents self identified as black or African American and 17.9% Asian with 51. 1 self identifiying as white. A significant number of residents, at least 30% revive some medical or economic benefits through DSHS. F.2 How are your agency's services constructed to meet the needs of its clients based upon their identity as a member of one or more of these groups? (Examples: give #'s of bilingual staff, access to interpreter services, or collaborations with specialized expertise from agencies that serve minority populations.) In this severe economic downturn, the City has not been able to keep pace with the diversity of the community. Advance notice of the need for interpreters or modifications is available for those city functions that require accommodations. We also maintain an internal list of staff who are available for short, non mandated activities. We work with specialized contract services to assist our limited English speaking population. We also coordinate with our local school district in parent engagement events where we provide information and they provide the interpreters. The City makes the workplace accessible for staff who need special consideration due to disabilities. City benefits include domestic partner coverage. We also staff and support an Equity and Diverstiy Commission to help understand and celebrate the richness of diversity in our community. F.3 Do you have a training strategy in place to achieve cultural competency? Please describe. Our participation in the South King Council of Human Services helps us address this issue in the context of the entire subregion. Staff attend a subregional white privilege group, and we take adavantage of low cost training opportunities. Our interface with our specialized providers gives us additional ongoing education. We periodically make suggestions to our Equity and Diversity Commission. Resources: The following resources are available to increase your agency's ability to serve people of diverse backgrounds in a culturally competent manner: Training opportunities are available through: minority Executive Directors Coalition (206) 325- 2542, or University of Washington School of Social Work. On the web: www.air.org /cecp /cultural. Continue to Next Page. PART I General Information /Agency Information and Part 11 Federal Requirements Page 6 of 21 2012 CDBG Capital Application PART 11. FEDERAL REQUIREMENTS 2012 CDBG Capital Application A. Eligibility Check 0 the activity that you have determined your project would qualify under HUD CFR Matrix Check Activity Citation Code Activity Community Facilities Acquisition of Real Property 570 2(a) 001 _01 Senior Centers 570,201 (c) 03A Handicapped Centers 570.201(c) 03B Not operation) 570 201 c 03C Homeless Facility Y _.._._._....__P. Youth Centers 570.201 (c) 03D I Neighborhood Facilities 570.201 (c) 03E Child Care Centers 570 201(c) 03M 0 Fire Station /Equipment 570 201(c) _030 ryO Health Facilities 570.201 (c) 03P f. Abused and neglected Children Facilities 570.201 (c) 03Q Facilities Fa for AIDS Patients Not Operation) 70 201 c 03S P 5 *Removal of Architectural Barriers 570.201 Parks Parks, Recreational Facilities 570 201(c) 03F Tree Planting 570 201(c) 03N El Public Infrastructure Solid Waste Disposal Improvements 570.201(c) 03H El Flood Drainage Improvements 570.201(c) 031 Water /Sewer Improvements 570.201 (c) 03J El Street Improvements 570 201(c) 03K Sidewalks 570.201(c) 03L *Removal of Architectural Barriers 570.201 Miscellaneous Minor Home Repair 570 202 14A 0❑ ......_p Non residen Histor Preservation 16B El ED Direct Financial Assistance to For Profits 570.203 18A r Micro- Assistance 570 203 18C *As associated with one of the activities noted above it. Provide (in narrative) why you feel the project falls within that category. Self explanatory PART I General Information /Agency Information and Part II Federal Requirements Page 0 of 21 2012 CDBG Capital Application 13 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application B. National Objective B.1 AREA BENEFIT L/M Income Area Benefit For these purposes, an Area Benefit activity is an activity that is available to benefit all the residents of an area that is primarily residential. In order to qualify as addressing the national objective of benefit to L/M income persons on an area basis, an activity must meet the identified needs of UM income persons residing in an area where at least 51 percent of the residents are UM income persons. The benefits of this type of activity are available to all residents in the area regardless of income. For example, typical Area Benefit activities include: Street improvements, Water and sewer lines, Neighborhood facilities, and Facade improvements in neighborhood commercial districts. The requirement that an area benefit activity must qualify on the basis of the income levels of the persons who reside in the area served by the activity is statutory. (See section 105(c)(2) of the Housing and Community Development Act of 1974 as amended.) This means that the activity may not qualify as meeting the L/M income area benefit national objective on any other basis. For example, if the assisted activity is a park that serves an area having a L/M income concentration that falls below the required percentage, the activity may not qualify even it there is reason to believe that the park will actually be used primarily by L/M income persons. Determining the Service Area The inclusion or exclusion of a particular portion of the grantee's jurisdiction can make the difference between whether the percentage of L/M income residents in the service area is high enough to qualify under the L/M Income Benefit national objective. The principal responsibility for determining the area served by an activity rests with the grantee. HUD will generally accept a grantee's determination unless the nature of the activity or its location raises serious doubts about the area claimed by the grantee. The area that the grantee determines will be served by an activity need not be coterminous with census tracts or other officially recognized boundaries, but it is useful if it reasonably coincides with such boundaries because of the need to consider census data in the area, as discussed later in this section. It is critical, however, that the service area determined by the grantee be the entire area served by the activity. This means that, even though a predominantly L/M income neighborhood may be one of several neighborhoods served by an activity (e.g., a grocery store) the percentage of UM income persons in the total area served by the activity is considered for this purpose. B.1.2 Define the service area. Briefly describe how the boundaries of the service area were determined. The service area is the jurisdictional boundaries of the cities of Tukwila, Sea Tac, Des Moines, Covington and Pacific. These cities identified both the need and the in -house capacity to run the program. PART I General Information /Agency Information and Part II Federal Requirements Page 1 of 21 2012 CDBG Capital Application 14 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application B1. National Objective Area Benefit There are two ways to qualify for Area Benefit. Check Q the box and provide the information which supports the method of qualification that demonstrates how your proposed activity meets this national objective: B.1.3. Area Benefit Census Tract(s) and Block Group(s) and number of residents in Service Delivery Area. (Consult with HCD Staff to obtain HUD formula census data.) Table B.2 Census Tract Block Group Project Information Census Block Total Low /Mod Tract(s) Group(s) Population Population Low Mod 262 i U 'w 63,271.273 All all 281- 2,284,287- 1S66Tae 290300-301 2 Q�es oI t+ES 317,320 43f V t1�t£�f {o 321 (Add rows as needed) Area Total B.1.4. Area Benefit Survey of Residents in Defined Service Delivery Area If a grantee has reason to believe that the available census data does not reflect current relative income levels in an area, or where the area does not coincide sufficiently well with census boundaries, HUD will accept information obtained by the grantee from use of a special survey of the residents of the area. The grantee must obtain HUD's approval of the survey instrument and other methodological aspects of the survey for this purpose. HUD will approve the survey where it determines that it meets standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. HUD requires documenting the following Survey Results in the Low and Moderate Income Worksheet to determine level of eligibility: Complete this table if the National Objective is determined via the Survey Instrument methodology. Action Required Expected (Assuming 95% Confidence Level) 1 Number of Families in Project Service Benefit Area 2 Number of families interviewed (surveyed) 3 I Number of persons in the families interviewed 1 4 Number of persons in the families interviewed who are PART I General Information /Agency Information and Part II Federal Requirements Page 2 of 21 2012 CDBG Capital Application 15 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application low and moderate income persons 5 Divide Line 4 by Line 3 6 Multiply Line 5 by 100. This is of LMI persons in service area Assuming 2.59 persons per household 13.2. National Objective Limited Clientele Activities Benefiting Low /Moderate Income Persons A Low /Moderate income limited clientele activity is an activity which provides benefits predominantly to low to moderate income persons rather than everyone in an area generally. It may benefit particular persons without regard to the area in which they reside, or it may be an activity which provides benefit on an area basis but only to a specific group of persons who reside in the area. In either case, at least 51% of the beneficiaries of the activity must be documented Low to Moderate income persons. Check the one box below that supports the method of qualification that demonstrates how your proposed activity meets the Limited Clientele national objective B.2.1 Presumed Benefit To qualify under this subcategory, a limited clientele activity must meet one of the following tests: Exclusively benefit a clientele who are generally presumed by HUD to be principally UM income persons. The following groups are currently presumed by HUD to be made up principally of L/M income persons: abused children, elderly persons, (defined as 62 years of age and older) battered spouses, homeless persons, adults meeting Bureau of Census' definition of severely disabled persons illiterate adults, persons living with AIDS, and immigrant farm workers. (Note: this presumption may be challenged in a particular situation, if there is substantial evidence that the persons in the actual group that the activity is to serve are most likely not principally L/M income persons.) The census definition of "severely disabled" follows: Persons are classified as having a severe disability if they: (a) used a wheel -chair or had used another special aid for six months or longer; (b) are unable to perform one or more "functional activities" or need assistance with an "ADL or IADL (c) are prevented from working at a job or doing housework; or (d) have a selected condition including autism, cerebral palsy, Alzheimer's disease, senility or dementia, or mental retardation. Also, persons who are under 65 years of age and who are covered by Medicare or who receive SSI are considered to have a severe disability. Note: For purposes of this definition, the term "functional activities" includes seeing, hearing, having one's speech understood, lifting and carrying, walking up a flight of stairs, and walking. An ADL is an "activity of daily living" which includes getting around inside the home, getting in or out of bed or a chair, bathing, PART I General Information /Agency Information and Part II Federal Requirements Page 3 of 21 2012 CDBG Capital Application 16 PART 11. FEDERAL REQUIREMENTS 2012 CDBG Capital Application dressing, eating, and toileting. An IADL is an "instrumental activity of daily living" and includes going outside the home, keeping track of money or bills, preparing meals, doing light housework, and using the telephone. It should also be noted that the so- called "presumed" categories were modified in the regulations in 1995. A new group has been added: "persons living with AIDS." The former category of "handicapped persons" has been replaced with "severely disabled adults." This latter change was made for two reasons. First, the word "persons" was replaced with "adults" to make it clear that an activity designed to treat handicapped children would not qualify for the presumption, because HUD has been unable to find evidence that the majority of handicapped (or even severely disabled) children are members of a L/M income family. Moreover, the term "handicapped" has been replaced with "severely disabled" (which now will use the census definition of that term). This change was made because the term "handicapped" has been used in so many different ways for different Federal programs and has taken on a much broader meaning than had been envisioned when it was originally introduced as a "presumed" L/M income group for CDBG purposes. A review of census data supports the presumption that adults (but not children, as mentioned above) having severe disability are predominantly L/M income persons. B.2.2. Require information on family size and income so that it is evident that at least 51% of the clientele are persons whose family income does not exceed the L/M income limit. (This includes the case where the activity is restricted exclusively to UM income persons). Reference: §570.208(a)(2)(i)(8) and (C) An example of the current HUD Income Guidelines are found in the following table. Income guidelines are adjusted annually by the United States Department of Housing and Urban Development. Please contact County staff for technical assistance and guidance if you need additional information or clarification of required report documentation if funds are awarded for your project. 2010 HUD INCOME GUIDELINES Median Family Income $85,600 Effective May 20, 2010 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY MODERATE SIZE LOW- INCOME LOW- INCOME INCOME 1 $18,000 $30,000 4 x$45,100 ,;'::2 x:;$20,600 ;$34,250 ::$51,550 0 3 x$38,550 x$58,000 4 °,$25,700 °'$42,800 ;$64,400 5 "$27,800 $46,250 T $69,600 6 $29,850 $49,650 $74,750 7 $31, 900 !$53,100 $79,900 8 w$33,950 k$56,500 $85,050 PART I General Information /Agency Information and Part II Federal Requirements Page 4 of 21 2012 CDBG Capital Application 17 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application B.2.3. Be of such nature and in such location that it may reasonably be concluded that the activity's clientele will primarily be L/M income persons (e.g., a day care center that is designed to serve residents of a public housing complex). Reference: §570.208(a)(2)(i)(D) B.2.4. Be an activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," provided it is restricted, to the extent practicable, to the removal of such barriers by assisting: the reconstruction of a public facility or improvement, or portion thereof, that does not qualify under the L/M income area benefit criteria; the rehabilitation of a privately -owned nonresidential building or improvement that does not qualify under the L/M income area benefit criteria or the L/M income jobs criteria; or the rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under the L/M income housing criteria. Reference: §570.208(a)(2)(ii) B.2.5. Be a microenterprise assistance activity carried out in accordance with the provisions of §570.201(o) with respect to those owners of microenterprises and persons developing microenterp rises assisted under the activity during each program year who are low- and moderate income persons. (Note that, for these purposes, once a person is determined to be L/M income, he /she may be presumed to continue to qualify as such for up to a three -year period. This would enable the provision of general support services to such a person during that three -year period, without having to check to determine whether the person's income has risen.) Reference: §570.208(a)(2)(iii) Because of certain statutory limitations, the regulations preclude the following kinds of activities from qualifying under the limited clientele category but qualify under the other statues: Activities involving the acquisition, construction, or rehabilitation of property for housing, including homeownership assistance (these must qualify under the Housing subcategory, because of section 105(c)(3) of the authorizing statute); or Activities where the benefit to L/M income persons is the creation or retention of jobs (these must qualify under the Jobs subcategory with certain exceptions as noted under the previous area benefit section, because of the different presumptions provided under sections 105(c)(1)(C) and (4) of the authorizing statute). Definitions Low /Moderate Income Limited Clientele Section 102(a)(20) of the HCDA defines the term 'low- and moderate income persons' as families and individuals whose incomes are no more than 80 percent of the median income of the area involved. The 'area involved' is determined for the CDBG program the same way it is determined for the Section 8 Housing program. The 80% of median income figure is determined by HUD based on a four person family and is adjusted upward or downward for larger or smaller families. A family is defined in the Entitlement program as all persons living in the same household who are related by blood, marriage, or adoption. An individual living in a housing unit that contains no other person(s) related to him /her is considered to be a one person family for this purpose. Adult children who continue to live at home with their parent(s) are considered to be part of the family for this purpose and their income must be counted in determining the total family income. A dependent child who is living outside of the home (for example, students living in a dormitory or other student housing) is considered for these purposes to be part of the family upon which he /she is dependent, even though he /she is living in another housing unit. PART I General Information /Agency Information and Part II Federal Requirements Page 5 of 21 2012 CDBG Capital Application 18 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application A household is defined in the Entitlement program as all persons occupying the same housing unit, regardless of their relationship to each other. The occupants could consist of a single family, two or more families living together, or any other group of related or unrelated persons who share living arrangements. Persons vs. households: It is important to note that, for all but one of the subcategories under this national objective, the test of meeting the objective of Benefit to L/M Income Persons is to be met based on UM Persons. Only with the subcategory of UM Income Housing must the test be met based on L/M Households. Elderly or Senior Citizen: According to HUD, you must be at least 62 years of age and meet one of the following three situations in order to qualify as an elderly household. In the first situation, you must be living alone or be the head of household or spouse of the head of household. The second situation requires two or more elderly people living together. In the third situation, an elderly person has a live -in aide. If a household has elderly people who do not meet any of the above three scenarios, then HUD does not consider it an elderly household. C. Project Benefit The Agency will be required to ensure that services provided with funding under this award are made available to residents of jurisdictions participating in the King County CDBG Consortium: Indicate number of residents that will be served in each of the following communities. A minimum of thirty percent of the total population served must be CDBG Consortium residents for a project application that is multi jurisdictional, including both CDBG Consortium and non consortium jurisdictions; A CDBG Consortium funding award will be proportionate to the percent of consortium residents to be served for a multi jurisdictional project application that serves CDBG Consortium and non consortium residents. Table CA Residents Served: Outside CDBG North /East Sub region South Sub region Consortium Indicate of Indicate of Indicate of City Beneficiaries City Beneficiaries City Beneficiaries Beaux Arts II II Algona II N Auburn II Bothell Black Diamond Bellevue II Carnation Burien I) II Federal Way II Clyde Hill Covington 12 II Kent II Duvall II II Des Moines 112 u Seattle II Hunts Point II II Enumclaw II II Other II Issaquah II II Maple Valley II II II Kenmore II II Pacific 8 u II Lake Forest Park II II SeaTac II 23 II Mercer Island II II Tukwila II 20 II II North Bend Renton Joint Agreement City Sammamish Uninc. King Co Skykomish Snoqualmie PART I General Information /Agency Information and Part II Federal Requirements Page 6 of 21 2012 CDBG Capital Application 19 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application Woodinville ii ii fl I Yarrow Point Kirkland- Joint Agreement City Redmond Joint Agreement City Shoreline Joint Agreement City Uninc.King Co. TOTAL TOTAL TOTAL I Grand Total 75 CA Describe the method and source(s) used for collecting the data in the project benefit worksheet. Using previous performance and estimates of increased complexity and contractor costs we determined how many households we thought we could assist. PART I General Information /Agency Information and Part II Federal Requirements Page 7 of 21 2012 CDBG Capital Application 20 PART 11. FEDERAL REQUIREMENTS 2012 CDBG Capital Application D. ENVIRONMENTAL REVIEW "Note on Choice- Urniting Activities: From your application submittal date until the ER completion date, no "choice limiting" activities (such as property acquisition, clearing, grading, site prep, etc.) may occur. Undertakina such activities after aoplication submittal could void the oroiect's eliclibility. Please thoroughly answer the following questions: D.1 What is the current use of the site? Single family home ownership D.2. What are the current site natural conditions (trees, ground surface, etc.)? How developed (buildings, roads, etc.) is the site? Describe the surrounding area (commercial, residential, wooded, etc.). Insert Text Here D.3. Identify the nearest natural waterbody (stream, lake, etc.). How far, and in which direction, is it from the project site? Insert Text Here DA How much of a net increase in impervious surface (ex: concrete /asphalt) will occur (if applicable)? Insert Text Here D.5 Does a current stormwater system exist at the project site? Please explain. Insert Text Here D.6 Will the project excavate or otherwise disturb soil? If so, to what depth and horizontal dimensions? Will any previously- undisturbed soil be impacted? Please explain. Insert Text Here D.7 Is the project located in a(n): (check and respond to all that apply) D.7.1 FEMA- designated floodplain? If so, does your agency have flood insurance (please provide covered items, dollar amount and duration)? (CDBG funds may not be used for any projects located in a FEMA- designated floodway). D.7.2 Wetland? D.7.3 Ecologically- sensitive area? D.7.4 Designated Historic neighborhood? D.8 Toxics: Has a Phase I Environmental Site Assessment (or equivalent toxics review) been completed? (These are normally completed upon property purchase.) If so, on what date? Insert Text Here Do any underground storage tanks (used to store oil /fuel) exist on, or adjacent to, the property? Did any exist in the past? If yes, please explain, include size of the tank(s). Insert Text Here What was the previous use of the property? Insert Text Here D.9 Identify any other environmental reviews or studies completed for this site. Studies: Title Date Completed: SEPA Title Date Completed: Other: Title Date Completed: D.10 Provide and label pictures of project site as follows: D.10.1 North D.10.2 East D.10.3 South and D.10.4 West. D.11 Attach a site plan (label "Attachment D.11"). PART I General Information /Agency Information and Part II Federal Requirements Page 8 of 21 2012 CDBG Capital Application 21 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application D.12 Climate Change. In the near future, the National Environmental Policy Act (N EPA) and State Environmental Policy Act (SEPA) will require climate change impact assessments for certain project actions. In preparation for these coming requirements, this application asks some basic climate questions relating to your project. Please answer as best you can. Generally, what project construction practices and /or features will minimize climate impacts? Examples could include: green building materials, energy efficient design, pervious surfaces installed, proximity to mass transit, etc. Does your agency /organization have a climate change plan (guidance on reducing impacts to, or adapting to the effects of, climate change)? If so, please explain. If you need assistance with the Environmental Review Details section, please contact Randy Poplock at (206) 263 -9099 or Randv.PoolockO-kingcount Continue to next page. PART I General Information /Agency Information and Part II Federal Requirements Page 9 of 21 2012 CDBG Capital Application 22 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application E. RELOCATION DETAILS E.1 Is there Acquisition involved in any aspect of the project? Yes No (This includes Right of Way acquisition associated with infrastructure projects.) E.2 Will this project involve: Residential tenant relocation? Yes No Commercial tenant relocation? Yes No If your answer is No for B. 9 move on to the next section of the application. E.3 Type of Relocation Residential: Permanent Temporary Commercial: Permanent Temporary Briefly describe anticipated relocation needs and how they will be addressed EA What requirements or guidelines govern your relocation plan? (Check all applicable) Uniform Relocation Act Section104 [d] Washington State Department of Transportation Other (please specify): E.5 Have you developed a relocation plan for this project? Yes No E.6 How many tenants will need to be relocated in this project? Residential Commercial E.7 Have you provided notices to the tenants indicating the type Yes No of displacement and benefits provided to tenants? E.8 Have you identified replacement or temporary units Yes No for those who will be displaced? E.9 Have you determined the tenants' relocation benefits? Yes No E.10 Have you included the total relocation budget Yes No in the development budget under relocation? Attachments (use colored separator sheets between documents) E.11 Attach copies of notices required indicating the type of displacement and benefits provided to the tenants E.12 -Attach Tenant Relocation Plan If you feel your project activity is a planning or human service activity and does not trigger the Uniform Relocation Act, please indicate such. If you are unsure, please contact Wendy DeRobbio for technical assistance at the following contact information and for documentation concurring with your interpretation. If you need assistance with the Relocation Details section, please contact Wendy DeRobbio, Relocation Specialist, 206 263 -9070; or wendy.derobbio@kingcounty.gov. PART I General Information /Agency Information and Part II Federal Requirements Page 10 of 21 2012 CDBG Capital Application 23 PART II. FEDERAL REQUIREMENTS 2012 CDBG Capital Application SELECT THEAPPROPRIATE PART PART I General Information /Agency Information and Part II Federal Requirements Page 11 of 21 2012 CDBG Capital Application �4 PART VII Minor Home Repair Application 2012 CDBG Capital Application Minor Home Repair Projects This section of the 2012 CDBG Application form should be used by nonprofit and local governments to request CDBG funds for projects involving minor rehabilitation of single family housing that serve low- moderate income residents of unincorporated communities and cities listed in the Consortium Sub regions. Projects must be consistent with the King County Consortium Consolidated Housing Community Development Plan for 2010 -2012 and CDBG Program Regulations. Projects awarded funding for 2012 must be completed by December 31, 2012. Threshold and Evaluation Criteria "OTHER" CATEGORY MINOR HOME REPAIR THRESHOLD REQUIREMENTS 1. Proposed projects must be consistent with CDBG Program Regulations. 2. Proposed projects must be consistent with Consolidated Plan objectives and policies. 3. Planning or administrative projects would be limited by the CDBG program admin cap available after Admin Set -aside is adopted. EVALUTION CRITERIA (LISTED IN NO PARTICULAR ORDER) 1. The extent to which the project addresses a strategy in the Consolidated Plan. 2. The ability of the project to be completed in one year. 3. The agency's responsiveness to community and client needs. 4. Projects under $50,000 are discouraged. 5. The extent that all geographic areas and participating jurisdictions benefit fairly from CDBG- and HOME funded activities over the three -year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 6. The extent to which the project meets a specified need or a geographic sub region as identified in the Request For Proposal (RFP). Contents of PART VII Part VII A Project Information Part VII B Project Benefit Part VII C Performance Measures Part VII D Line Item Budget Part VI I E Timeline and Milestones Part VII F —Project Team PART VII Minor Home Repair Application 2012 Page 1 of 6 APR 2011 25 PART VII Minor Home Repair Application 2012 CDBG Capital Application Responses to Questions: A. Project Information A.1 Project Description: Describe the project for which funding is requested and how it will address the problem /need described above. First describe the overall project and how it will address the problem /need described previously. Then, focus specifically on what these grant funds will be used to purchase. If the project has been funded before, explain what the new funds would add to the project. The Tukwila/SeaTac /Des Moines /Covington /Pacific Minor home repair program assists income eligible homeowners to maintain their homes in a safe condition. Funds will cover time, labor and materials costs of repair contractors. The program is only available through the King county consortium funds. The program prevents homelessness by preserving low /moderate income housing units. The program is administered by the Human Services manager at the City of Tukwila with each participating jurisdiction administering the program locally. Additional funds will allow us to add the City of Pacific to the project. This program has grown to meet a significant subregional need. A.2 Describe in detail, the program that is offered and the target population. Specify how you arrived at the total cost of the project. Identify licenses and permits required for the project. The program targets eligible populations for repairs not typically covered by the King County Housing Repair program. Repairs allow homeowners to remain independently in their home. The program can address city code violations for which the homeowner has not resources to address. Services are prioritized to address safety and health of the occupants and preserving the dwelling and /or conserving energy. Activities include but are not limited to repairing /maintaining plumbing and electrical systems, small interior carpentry and other protective, preventive measures which keep a home in working order. Costs are estimated by prior demand. All contractors are actively licensed and insured in order to participate. A.3 Describe how the project is accessible or is working toward full accessibility in terms of: A.3.1 Affordability The program is fully subsidized for income eligible households. A.3.2 Transportation (proximity to public transportation, special transportation programs, vouchers, etc). How will clients get to facility? Not relevant as all repairs are completed at the clients' homes. A.3.3 Immediacy of services (how soon will this project's services become available, waiting list, etc.) Homeowers are served on a first come first serve basis with health and safety concerns prioritized. A.3.4 What efforts will your agency and community partners make to promote your program and reach isolated individuals? Outreach occurs within each city with multiple strategies used, including publications, contact with senior populations, code enforcement, etc. The identification of residents allows us to uncover other human service needs that can be addressed. Each jurisdiction develops their own marketing and outreach strategy to reach vulnerable and isolated individuals. B. Project Benefit B.1 Describe how the data in the project benefit worksheet in PART II.C. was derived. We used prior performance and contractor costs to determine how many households we may be able to assist. While only unduplicated households are counted, number of jobs reflects households that may have been served before as trust is established and the homeowner becomes familiar with the program_ C. Performance Measures Describe how the project meets the Consolidated Plan Objective Outcome and what performance measure(s) are used to demonstrate an outcome for both short term and long term indicators. PART VII Minor Home Repair Application 2012 Page 2 of 6 APR 2011 26 PART VII Minor Home Repair Application 2012 CDBG Capital Application The project meets Goal 9C, objective 2 and strategy 2A under decent housing and preservation of housing for low and moderate income homeowners. Number of service hours and repairs demonstrates an outcome to short term and potentially long term housing preservation. C.1 Provide definition of performance measures that will be used for contracting purposes. Examples: Emeraencv repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses Number of Households This measure counts the number of unduplicated households that are assisted with construction dollars Number of Hours This measure counts the hours of labor provided to participating households. PART VII Minor Home Repair Application 2012 Page 3 of 6 APR 2011 27 PART VII Minor Home Repair Application 2012 CDBG Capital Application Indicate anticipated number and type of units of service below: 1. The Agency /City will serve, at minimum, the following unduplicated number of persons. 1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in Jan —Mar Apr —Jun Jul —Sep Oct —Dec Year 2012 Number of 1;2 22 21 20 75 unduplicated Households 2. The Agency /City will provide, at minimum, the following cumulative units of service: Identify service 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in Jan —Mar Apr —Jun Jul —Sep Oct —Dec Year 2012 Home Repair 3g 45 70 60 211 hours C.1.1 Measurable Outputs: Provide indicators of service delivery before and after project completion. Define Unit Number of Units Indicate Annual No. of Households Current Before After Project Before Project After Project measurement No. of Completion Annual No. of Completion: of unit Units Annual No. of Difference Persons Served Annual No. of P Provided Units Provided Households Served 0 Example: Minor Home 40 45 +5 15 17 +2 Repair hours [Add rows as 300 320 +5 55 70 +15 needed] C.1.2 Summarize the sources of funds used to provide the existing services identified above. Source of funds Amount of Funds Term of Commitment (start and end dates) CDBG 1$125,000 Jan- Dec 2012 In -kind staff support I $16,000 I Jan- Dec 2012 Q PART VII Minor Home Repair Application 2012 Page 4 of 6 APR 2011 L 4 PART VII Minor Home Repair Application 2012 CDBG Capital Application D Budget for Minor Home Repair D.1 Line Item Budget CDBG Other Total Item Funds Funds �n Funds *Environmental Review (King County Cost Set- 1,000 1000 aside) Capital Outlay (Construction Contracts) I 120,000 120,000 Personnel (provide detail below) I 16,000 16,000 Office /Operating I Project Management I Communications I Administrative Costs I Other: (list) Lead Base Paint Review I $5,000 $5000 Sub Total* (Less Environmental Review Cost) 1 125,000 16,000 125,000 Total Project Budget: 1 125,000 16,000 141,000 *Environmental Review (King County Cost Set aside): This amount is set -aside until final environmental review costs are determined. Any balance remaining will be available for expenditure by Budget Revision Request from the Agency. D.2 Personnel Detail Personnel Detail Position Title Position Full Annual Salary CDBG Time Equivalent and Benefits Funds 1 Total: 1 Personnel costs are the estimate of in -kind services from all 5 cities D.3 Reduction Options Can your project or program be funded a reduced level if necessary? Yes x❑ No Minimum amount needed to make project viable: 75,000 D.3.1 If yes, indicate what amount of funding is the minimum that would be required in order to be successful in the project activity but at a reduced level? $75,000 D.3.2 Explain what element of your project/program be modified to address this reduction? Fewer households will be served, cap may be placed on types of referrals accepted. Preventive maintenance might be dropped in favor of immediate health and safety. PART VII Minor Home Repair Application 2012 Page 5 of 6 APR 2011 29 PART VII Minor Home Repair Application 2012 CDBG Capital Application E Minor Home Repair Project Schedule E.1 Timeline and Milestones for Project Activity Customize per your program tasks Milestones Projected Completion Date Environmental Review Programmatic I January 1, 2012 Environmental Review Site Specific I Ongoing Receive notification of award 1st quarter Procurement process for contractors 1S quarter Outreach /Marketing 1 st -4th quarter Applications accepted, repairs made 1 st -4tth quarter 1 s' Quarterly Report I April 2012 2" Quarterly Report I July 2012 3 Quarterly Report I October 2012 4" Quarter Activities Complete I December 31, 2012 Closing Documentation Submitted I January 7, 2013 Project Completion Report Filed w /HCD January 7, 2013 F. Staff PROJECT TEAM Proiect Closed I January 2013 1 Provide the name of the consultant or staff person who will perform the following tasks. Please note that consultants paid for with CDG funds must be selected through a competitive process and in accordance with 24 CFR Part 84 (nonprofit organizations) and 24 CFR Part 85 (local governments). If any of the tasks will be performed by a consultant, indicate who in your agency will be responsible for selecting the consultant. Complete all of the followinq: Prepare and submit CDBG Grant Application: Consultant Agency: Contact: E -mail: Phone: Applicant Staff responsible for consultant selection process: E -mail: Phone: Prepare and submit environmental review forms: Consultant Agency: Contact: E -mail: Phone: 1) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: 2) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: 3) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: 4) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: PART VI I Minor Home Repair Application 2012 Page 6 of 6 APR 2011 30 PART VII Minor Home Repair Application 2012 CDBG Capital Application Minor Home Repair Projects This section of the 2012 CDBG Application form should be used by nonprofit and local governments to request CDBG funds for projects involving minor rehabilitation of single family housing that serve low- moderate income residents of unincorporated communities and cities listed in the Consortium Sub regions. Projects must be consistent with the King County Consortium Consolidated Housing Community Development Plan for 2010 -2012 and CDBG Program Regulations. Projects awarded funding for 2012 must be completed by December 31, 2012. Threshold and Evaluation Criteria "OTHER" CATEGORY MINOR HOME REPAIR THRESHOLD REQUIREMENTS 1. Proposed projects must be consistent with CDBG Program Regulations. 2. Proposed projects must be consistent with Consolidated Plan objectives and policies. 3. Planning or administrative projects would be limited by the CDBG program admin cap available after Admin Set -aside is adopted. EVALUTION CRITERIA (LISTED IN NO PARTICULAR ORDER) 1. The extent to which the project addresses a strategy in the Consolidated Plan. 2. The ability of the project to be completed in one year. 3. The agency's responsiveness to community and client needs. 4. Projects under $50,000 are discouraged. 5. The extent that all geographic areas and participating jurisdictions benefit fairly from CDBG- and HOME funded activities over the three -year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 6. The extent to which the project meets a specified need or a geographic sub region as identified in the Request For Proposal (RFP). Contents of PART VII Part VII A Project Information Part VII B Project Benefit Part VII C Performance Measures Part VII D Line Item Budget Part VII E Timeline and Milestones Part VII F —Project Team PART VII Minor Home Repair Application 2012 Page 1 of 6 APR 2011 31 PART VII Minor Home Repair Application 2012 CDBG Capital Application Responses to Questions: A. Project Information A.1 Project Description: Describe the project for which funding is requested and how it will address the problem /need described above. First describe the overall project and how it will address the problem /need described previously. Then, focus specifically on what these grant funds will be used to purchase. If the project has been funded before, explain what the new funds would add to the project. The Tukwila /SeaTac /Des Moines /Covington /Pacific Minor home repair program assists income eligible homeowners to maintain their homes in a safe condition. Funds will cover time, labor and materials costs of repair contractors. The program is only available through the King county consortium funds. The program prevents homelessness by preserving low /moderate income housing units. The program is administered by the Human Services manager at the City of Tukwila with each participating jurisdiction administering the program locally. Additional funds will allow us to add the City of Pacific to the project. This program has grown to meet a significant subregional need. A.2 Describe in detail, the program that is offered and the target population. Specify how you arrived at the total cost of the project. Identify licenses and permits required for the project. The program targets eligible populations for repairs not typically covered by the King County Housing Repair program. Repairs allow homeowners to remain independently in their home. The program can address city code violations for which the homeowner has not resources to address. Services are prioritized to address safety and health of the occupants and preserving the dwelling and /or conserving energy. Activities include but are not limited to repairing /maintaining plumbing and electrical systems, small interior carpentry and other protective, preventive measures which keep a home in working order. Costs are estimated by prior demand. All contractors are actively licensed and insured in order to participate. A.3 Describe how the project is accessible or is working toward full accessibility in terms of: A.3.1 Affordability The program is fully subsidized for income eligible households. A.3.2 Transportation (proximity to public transportation, special transportation programs, vouchers, etc). How will clients get to facility? Not relevant as all repairs are completed at the clients' homes. A.3.3 Immediacy of services (how soon will this project's services become available, waiting list, etc.) Homeowers are served on a first come first serve basis with health and safety concerns prioritized. A.3.4 What efforts will your agency and community partners make to promote your program and reach isolated individuals? Outreach occurs within each city with multiple strategies used, including publications, contact with senior populations, code enforcement, etc. The identification of residents allows us to uncover other human service needs that can be addressed. Each jurisdiction develops their own marketing and outreach strategy to reach vulnerable and isolated individuals. B. Project Benefit B.1 Describe how the data in the project benefit worksheet in PART II.C. was derived. We used prior performance and contractor costs to determine how many households we may be able to assist. While only unduplicated households are counted, number of jobs reflects households that may have been served before as trust is established and the homeowner becomes familiar with the program_ C. Performance Measures Describe how the project meets the Consolidated Plan Objective Outcome and what performance measure(s) are used to demonstrate an outcome for both short term and long term indicators. PART VII Minor Home Repair Application 2012 Page 2 of 6 APR 2011 32 PART VII Minor Home Repair Application 2012 CDBG Capital Application The project meets Goal 1 C, objective 2 and strategy 2A under decent housing and preservation of housing for low and moderate income homeowners. Number of service hours and repairs demonstrates an outcome to short term and potentially long term housing preservation. C.1 Provide definition of performance measures that will be used for contracting purposes. Examples: Emeraencv repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses Plumber of Households This measure counts the number of unduplicated households that are assisted with construction dollars Number of Hours This measure counts the hours of labor provided to participating households. PART VII Minor Home Repair Application 2012 Page 3 of 6 APR 2011 33 PART VII Minor Home Repair Application 2012 CDBG Capital Application Indicate anticipated number and type of units of service below: 1. The Agency /City will serve, at minimum, the following unduplicated number of persons. 1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in Jan —Mar Apr —Jun Jul —Sep Oct —Dec Year 2012 Number of 12 22 21 20 75 unduplicated Households 2. The Agency /City will provide, at minimum, the following cumulative units of service: Identify service 1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in Jan —Mar Apr —Jun Jul —Sep Oct —Dec Year 2012 Home Repair 36 45 70 60 211 hours C.1.1 Measurable Outputs: Provide indicators of service delivery before and after project completion. Define Unit Number of Units Indicate Annual No. of Households Current Before After Project Before Project After Project measurement No. of Completion Annual No. of Completion: of unit Units Annual No. of Difference Persons Served Annual No. of m Provided Units Provided Households Served 0 Example: Minor Home 40 45 +5 15 17 +2 Repair hours [Add rows as 300 320 +5 55 70 +15 needed] C.1.2 Summarize the sources of funds used to provide the existing services identified above. Source of funds Amount of Funds Term of Commitment (start and end dates) CDBG 1$125,000 Jan- Dec 2012 In -kind staff support $16,000 Jan- Dec 2012 PART VII Minor Home Repair Application 2012 Page 4 of 6 APR 2011 34 PART VII Minor Home Repair Application 2012 CDBG Capital Application D Budget for Minor Home Repair DA Line Item Budget CDBG Other P Total Item Funds Funds in Funds *Environmental Review (King County Cost Set- 1,000 1000 aside) Capital Outlay (Construction Contracts) 120,000 120,000 Personnel (provide detail below) 16,000 16,000 Office /Operating Project Management Communications Administrative Costs Other: (list) Lead Base Paint Review $5,000 $5000 Sub Total* (Less Environmental Review Cost) 125,000 16,000 125,000 Total Project Budget: 125,000 16,000 141,000 *Environmental Review (King County Cost Set aside): This amount is set -aside until final environmental review costs are determined. Any balance remaining will be available for expenditure by Budget Revision Request from the Agency. D.2 Personnel Detail Personnel Detail Position Title Position Full Annual Salary CDBG Time Equivalent and Benefits Funds 1 $I $I Total: 1 Personnel costs are the estimate of in -kind services from all 5 cities D.3 Reduction Options Can your project or program be funded a reduced level if necessary? Yes x❑ No Minimum amount needed to make project viable: 75,000 D.3.1 If yes, indicate what amount of funding is the minimum that would be required in order to be successful in the project activity but at a reduced level? $75,000 D.3.2 Explain what element of your project/program be modified to address this reduction? Fewer households will be served, cap may be placed on types of referrals accepted. Preventive maintenance might be dropped in favor of immediate health and safety. PART VII Minor Home Repair Application 2012 Page 5 of 6 APR 2011 35 PART VII Minor Home Repair Application 2012 CDBG Capital Application E Minor Home Repair Project Schedule E.1 Timeline and Milestones for Project Activity Customize per your program tasks Milestones Projected Completion Date Environmental Review Programmatic I January 1, 2012 Environmental Review Site Specific I Ongoing Receive notification of award 1 St quarter Procurement process for contractors 1 quarter Outreach /Marketing 1 st -4th quarter Applications accepted, repairs made 1 -4tth quarter 1st Quarterly Report I April 2012 2nd Quarterly Report July 2012 3rd Quarterly Report October 2012 4 th Quarter Activities Complete December 31, 2012 Closing Documentation Submitted January 7, 2013 Project Completion Report Filed w /HCD January 7, 2013 F. Staff PROJECT TEAM Project Closed I January 2013 1 Provide the name of the consultant or staff person who will perform the following tasks. Please note that consultants paid for with CDG funds must be selected through a competitive process and in accordance with 24 CFR Part 84 (nonprofit organizations) and 24 CFR Part 85 (local governments). If any of the tasks will be performed by a consultant, indicate who in your agency will be responsible for selecting the consultant. Complete all of the followina: Prepare and submit CDBG Grant Application: Consultant Agency: Contact: E -mail: Phone: Applicant Staff responsible for consultant selection process: E -mail: Phone: Prepare and submit environmental review forms: Consultant Agency: Contact: E -mail: Phone: 1) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: 2) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: 3) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: 4) Sub Contract Applicant Staff responsible for client selection process: E -mail: Phone: PART VII Minor Home Repair Application 2012 Page 6 of 6 APR 2011 36 City Of Tukwila Community Affairs and Parks Committee e COMM AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 25, 2011 5 :00 p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Quinn Staff Steve Lancaster, Jack Pace and Kimberly Matej Guests: Brooke Alford, Chuck Parrish, Pam Linder and Mary Fertakis CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. 2012 Communitv Development Block Grant (CDBG) Application for Minor Home Repair Program Staff is seeking Council authorization to submit the 2012 Community Development Block Grant application to King County requesting $125,000 for the Minor Home Repair Program. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management (via self renewing interlocal agreements) of similar programs for the cities of SeaTac, Des Moines and Covington. The 2012 grant application proposes the addition of program participation from the City of Pacific. The increase of this year's funding request as compared to $110,000 in 2011, is a result of the addition of the City of Pacific as well as continued work with lead based paint. As with past applications, incorporation of multiple cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee, and monies for the program are still at risk for cuts (at the federal level). UNANIMOUS APPROVAL. FORWARD TO MAY 9 COW FOR DISCUSSION. B. Lease Extension: Wav Back Inn Staff is seeking Council approval to enter into a 10 -year lease agreement with the Way Back Inn for the property located at 14688 Macadam Road South, if the Way Back Inn receives a grant from the Boeing Employees Credit Union in the amount of $15,000. The Way Back JAI prGVideS transitional housing IV fanliiieS with a Children) under the age of i4. Currently, the City leases City -owned houses to the Way Back Inn to assist with homeless families. The Way Back Inn has applied for a $15,000 grant from Boeing Employees Credit Union to assist with necessary housing repairs for the unit located at 14688 Macadam Road South. If awarded the grant, the Credit Union will require that the above reference housing unit have a 10 -year lease with the City. The City is currently leasing the property to the Way Back Inn for five -year increments, and the existing lease is set to expire on October 1, 2013. Staff is recommending that the City enter into a 10 -year lease for the unit if the grant is received (lease dated contingent on grant date). Upon Council approval, a letter stating such will be sent to the Way Back Inn. In the event, the grant is not awarded; the current lease will remain in effect. UNANIMOUS APPROVAL. FORWARD TO MAY 9 COW FOR DISCUSSION. 37 38 COUNCIL AGENDA SYNOPSIS -Dials a� Meeting Date Prepared by Ma o view ('gjvncil review 05/09/11 I EB I 4 I 05/16/11 I EB I I I I I ITEM INFORMATION CAS NUMBER: 11-049 STAFF SPONSOR: EVELYN BOYKAN I ORIGINAL AGENDA DATE: MAY 9, 2011 AGr.ND;\ TITLE A lease extension for the Way Back Inn C, \TEGORY Discussion Motion Resolution Ordinance Bid Award Puhlu Heanng Other tl4tg Date 05109119 Mtg Date 05116111 Mt g Date Mtg Date Mtg Date Mtg Date Mt g Date SPONSOR Council X Mayor HR DCD Finance Fire IT P&R Police Ptir/ SPONSOR'S As a condition of a granting agent, Way Back Inn is seeking to extend their current 5 year SUMMARY lease of the Hartnett Property at 14688 Macadam Road to 10 years from the current time. Since the early 1990s, the City has been leasing City owned houses to the Way Back Inn for homeless families. Rl;XIT?WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/25/11 COMMITTEE CHAIR: VERNA SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Mayors office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: I MTG. DATE I RECORD OF COUNCIL ACTION 5/9/11 I MTG. DATE I ATTACHMENTS 5/9/11 Informational Memorandum dated 04/20/11 Proposed Way Back Inn Lease for 10 year period, contingent on receipt of the grant Current Way Back Inn Lease for Hartnett Manor Minutes from the Community Affairs and Parks Committee meeting of 04/25/11 5/16/11 i 39 40 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks FROM: Evie Boykan, Human Services Manager DATE: April 20, 2011 SUBJECT: Lease Extension for Way Back Inn ISSUE As a condition of a granting agent, to whom Way Back Inn is applying for funds, Way Back Inn is seeking to extend their current 5 year lease of the Hartnett Property on 14688 Macadam Road South to 10 years from the current time. BACKGROUND Since the early 1990's, The City has been leasing City owned houses to the Way Back Inn for homeless families. The Houses have been rehabilitated and maintained with additional operational funding provided by the Human Services general fund. DISCUSSION Way Back Inn is applying to Boeing Employees Credit Union for a $15,000 grant to replace part or all of the roof, fix gutters, repair water damaged fascia boards, and paint the house. The Grantor, BECU is requiring a letter from the City stating that the lease will be extended if the grant is received. The house has been recently inspected by Code Enforcement with the standards used for the rental housing inspection program. There are no plans for redeveloping this property from Parks and Recreation. RECOMMENDATION The Council is being asked to (1) authorize a letter to the Way Back Inn, assuring that the lease will be changed to 10 years contingent on receipt of the grant and (2) approval to execute the proposed lease contingent on receipt of the grant. If the grant is not received, the current lease will remain in effect and expires on October 1, 2013. The Council is being asked to consider this item at the May 9, 2011 Committee of the Whole meeting and subsequent May 16, 2011 Regular Meeting. ATTACHMENTS Proposed Way Back Inn Lease for 10 year period, contingent on receipt of the grant Current Way Back Inn Lease for Hartnett Manor 41 42 RESIDENTIAL LEASE AGREEMENT HARTNETT MANOR This lease is made on between the City of Tukwila, a city, as "Lessor," and The Way Back Inn, a Washington non profit, as "Lessee," as follows: 1. PREMISES: Lessor leases to Lessee the Residence currently situated at 14688 Macadam Road South, Tukwila, Washington. 2. TERM: The term of this lease shall be for ten years, commencing on and shall terminate in ten years, on in accordance with the termination provisions set forth in paragraph 19, unless sooner terminated as a result of Lessee's default hereunder. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the leased premises in an "as -is" condition. Lessor has made no representations to Lessee respecting the condition of the lease premises. 4. RENT: During the term hereof, Lessee may occupy the leased premises rent free; provided, however, Lessee shall make all improvements at its sole expense; provided, such improvements shall be subject to final inspection and the approval of the Lessor, prior to the occupancy of the leased premises, and pay all costs associated with or arising out of the maintenance and operation of the leased premises as set forth herein. 5. USE: Lessee shall use the leased premises to provide free, temporary single family dwellings for homeless families with children, and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent. 6. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if needed, at Lessee's sole expense, make repairs to the leased premises and every part thereof; and Lessee shall maintain the leased premises in neat, clean, sanitary condition. Lessee shall surrender the leased premises to Lessor in good condition upon the termination of this lease, reasonable wear and tear expected. 7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and other utility services supplied to the leased premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or alterations to the leased premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by Lessor. All work performed shall be done in a workmanlike manner and shall become the property of the Lessor. W:\2011 Info Memos \WayBackHartnett lease extension.doc 4/19/2011 Page 1 of 4 43 9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE: Prior to commencing any improvements and prior to occupancy under this lease, at no expense to the Lessor, the Lessee shall obtain and furnish to the Lessor, a certificate of insurance showing general liability insurance coverage including blanket contractual coverage, which certificate: A. shall be subject to approval of the Lessor; B. must fully protect the Lessor from any and all claims and risks in connections with any activity performed by the Way Back Inn and tenants by virtue of this lease; and C. must specifically name the Lessor as an additional insured as respects this and a copy of the endorsement naming the Lessor as an additional insured shall be attached to the certificate of insurance. Such policy must provide the following minimum coverage: 1) Liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to, blanket contractual; products/ completed operations; broad form property damage; and fire legal to $100,000.00. 2) Lessee shall be responsible for obtaining their own property insurance for Lessee's personal property. Any payment of deductible or self- insured retention shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the Lessor and the Lessor shall be given 30 days prior written notice of any cancellation, suspension or material change in coverage. 11. INDEMNIFICATION: The Way Back Inn hereby releases, discharges, defends, indemnifies and holds harmless the Lessor, and its agents, contractors, and others from any and all claims, costs (including attorney fees), and liability, arising in any manner, including, but not limited to, those arising from injury or death to persons or damage to property occasioned by any act, omission or failure. of the Way Back Inn, its officers, agents or employees, whether they be direct or indirect. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of Lessor. W:\201 I Info Memos \WayBackHartnett lease extension.doc 4/19/2011 Page 2 of 4 44 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, where such failure shall continue for a period of ten days after written notice from Lessor to cure the default, shall constitute a default and breach of the lease by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased premises and ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. Lessor reserves the right to property inspection and testing for the Lessor's future development purposes. Lessor will give Lessee at least 48 hours notice in the event of access needed for property testing. 15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17. PROPERTY TAXES: Lessor shall be responsible for keeping all property taxes paid and up to date. 18. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LESSOR: CITY OF TUKWILA LESSEE: Way Back Inn ATTN: Mayor's Office PO Box 621 6200 Southcenter Boulevard Renton, Washington 98057 -0621 Tukwila, Washington 98188 19. TERMINATION: Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this lease which default is incapable of cure, or which being capable of cure, is not cured within ten days after receipt of written notice of such default. W:\2011 Into Me mos\WayB ack Hartnett lease extension.doc 4/19/2011 Page 3 of 4 45 20. GENERAL PROVISIONS: A. TIME IS OF THE ESSENCE OF THIS LEASE. B. In the event of any action or proceeding brought by either party against the other under this lease, the Prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable Attorneys' fees. For the purposes of this provision, the terms "action" or "proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. C. This lease shall be construed and governed by the laws of the State of Washington. D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at the place then fixed for notice. 21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on behalf of Lessee, represent and warrant that s /he is duly authorized to execute and deliver this lease, and that this lease is binding upon Lessee in accordance with its terms. 22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach or default of Lessee be deemed a waiver by Lessor or its rights and remedies with respect to such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. LESSOR: LESSEE: By: By: Its: Its: Date: Date: APPROVED AS TO FORM: Office of the City Attorney W:\2011 Info Memos \WayBackHartnett lease extension.doc 4/19/2011 Page 4 of 4 46 RESIDENTIAL LEASE AGREEMENT 08-101 HARTNETT MANOR This lease is made on October 1, 2008, between the City of Tukwila, a city, as "Lessor," and The Way Back Inn, a Washington non profit, as "Lessee," as follows: 1. PREMISES: Lessor leases to Lessee the Residence currently situated at 14688 Macadam Road South, Tukwila, Washington. 2. TERM: The term of this lease shall be for five years, commencing on October 1, 2008, and shall terminate in five years, on October 1, 2013, in accordance with the termination provisions set forth in paragraph 19, unless sooner terminated as a result of Lessee's default hereunder. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the leased premises in an "as -is" condition. Lessor has made no representations to Lessee respecting the condition of the lease premises. 4. RENT: During the term hereof, Lessee may occupy the leased premises rent free; provided, however, Lessee shall make all improvements at its sole expense; provided, such improvements shall be subject to final inspection and the approval of the Lessor, prior to the occupancy of the leased premises, and pay all costs associated with or arising out of the maintenance and operation of the leased premises as set forth herein. 5. USE: Lessee shall use the leased premises to provide free, temporary single- family dwellings for homeless families with children under fourteen years of age, and all current uses incidental thereto, and for no other purpose without first obtaining Lessor's prior written consent. 6. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if needed, at Lessee's sole expense, make repairs to the leased premises and every part thereof, and Lessee shall maintain the leased premises in neat, clean, sanitary condition. Lessee shall surrender the leased premises to Lessor in good condition upon the termination of this lease, reasonable wear and tear expected. 7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water and other utility services supplied to the leased premises. 8. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior consent of Lessor, Lessee may make, at its sole expense, such additional improvements or alterations to the leased premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by Lessor. All work performed shall be done in a workmanlike manner and shall become the property of the Lessor. C\Documents and Settings\All Users \Desktop\Kelly \MSDATA\ Contracts Agreements \Residential Lease Agreement, Hartnett Manor doe DS:ksn 9/24/2008 Page 1 of 4 47 9. LIENS: Lessee shall keep the leased premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INSURANCE: Prior to commencing any improvements and prior to occupancy under this lease, at no expense to the Lessor, the Lessee shall obtain and furnish to the Lessor, a certificate of insurance showing general liability insurance coverage including blanket contractual coverage, which certificate: A. shall be subject to approval of the Lessor; B. must fully protect the Lessor from any and all claims and risks in connections with any activity performed by the Way Back Inn and tenants by virtue of this lease; and C. must specifically name the Lessor as an additional insured as respects this and a copy of the endorsement naming the Lessor as an additional insured shall be attached to the certificate of insurance. Such policy must provide the following minimum coverage: 1) Liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to, blanket contractual; products/ completed operations; broad form property damage; and fire legal to $100,000.00. 2) Lessee shall be responsible for obtaining their own property insurance for Lessee's personal property. Any payment of deductible or self insured retention shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the Lessor and the Lessor shall be given 30 days prior written notice of any cancellation, suspension or material change in coverage. 11. INDEMNIFICATION: The Way Back Inn hereby releases, discharges, defends, indemnifies and holds harmless the Lessor, and its agents, contractors, and others from any and all claims, costs (including attorney fees), and liability, arising in any manner, including, but not limited to, those arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Way Back Inn, its officers, agents or employees, whether they be direct or indirect. 12. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of Lessor. C: \Documents and Settings\All Users\ Desktop \Kelly \MSDATA\ Contracts Agreements \Residential Lease Agreement. Hartnett Manor doc DS:ksn 9/24/2008 Page 2 of 4 48 13. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease, where such failure shall continue for a period of ten days after written notice from Lessor to cure the default, shall constitute a default and breach of the lease by the Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily known to Lessor. 14. ACCESS: Lessee shall permit Lessor to enter the leased premises at reasonable times for the purpose of inspecting the leased premises and ascertaining compliance with the provisions hereof by Lessee, but nothing herein shall be construed as imposing any obligation on Lessor to perform any such work or duties. 15. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 16. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this lease Agreement. 17. PROPERTY TAXES: Lessor shall be responsible for keeping all property taxes paid and up to date. 18. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to Lessor at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LESSOR: CITY OF TUKWILA LESSEE: Way Back Inn ATTN: Mayor's Office PO Box 621 6200 Southcenter Boulevard Renton, Washington 98057 -0621 Tukwila, Washington 98188 19. TERMINATION: Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this lease which default is incapable of cure, or which being capable of cure, is not cured within ten days after receipt of written notice of such default. CADocuments and Settings\All Uscrs \Desktop\Kelly \MSDATA \Contracts Agreements \Residential Lease Agreement, Hartnett Manor.doc DS:ksn 9/24/2008 Page 3 or 4 49 20. GENERAL PROVISIONS: A. TIME IS OF THE ESSENCE OF THIS LEASE. B. In the event of any action or proceeding brought by either party against the other under this lease, the Prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable Attorneys' fees. For the purposes of this provision, the terms "action" or "proceeding" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. C. This lease shall be construed and governed by the laws of the State of Washington. D. Upon termination of this lease, Lessee shall surrender all keys to the Lessor at the place then fixed for notice. 21. AUTHORITY OF LESSEE: Lessee, and each individual executing this lease on behalf of Lessee, represent and warrant that s /he is duly authorized to execute and deliver this lease, and that this lease is binding upon Lessee in accordance with its terms. 22. WAIVER AND FORBEARANCE: No waiver by Lessor of any breach or default by lessee of any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach or default of Lessee be deemed a waiver by Lessor or its rights and remedies with respect to such breach or default. THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. LESSOR JJ LESSE Its: V Its: �a Date: 1 U Date: AP OVED AS FORM r Office of City Attorney C \Documents and Settings\AII Users \Desktop\Kelly \MSDATA \Contracts- Agreements \Residential Lease Agreement, Hartnett Manor.doc DS:ksn 9/24/2008 Page 4 of 4 50 City O f'uhw Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARIS COMMITTEE Meeting Minutes April 25, 2011— S: 00 p. m.; Conference Room 43 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Quinn Staff Steve Lancaster, Jack Pace and Kimberly Matej Guests: Brooke Alford, Chuck Parrish, Pam Linder and Mary Fertakis CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. 2012 Community Develotment Block Grant (CDBG) Application for Minor Home Repair Proaram Staff is seeking Council authorization to submit the 2012 Community Development Block Grant application to King County requesting $125,000 for the Minor Home Repair Program. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management (via self renewing interlocal agreements) of similar programs for the cities of SeaTac, Des Moines and Covington. The 2012 grant application proposes the addition of program participation from the City of Pacific. The increase of this year's funding request as compared to $110,000 in 2011, is a result of the addition of the City of Pacific as well as continued work with lead based paint. As with past applications, incorporation of multiple cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee, and monies for the program are still at risk for cuts (at the federal level). UNANIMOUS APPROVAL. FORWARD TO MAY 9 COW FOR DISCUSSION. B. Lease Extension: Wav Back Inn Staff is seeking Council approval to enter into a 10 -year lease agreement with the Way Back Inn for the property located at 14688 Macadam Road South, if the Way Back Inn receives a grant from the Boeing Employees Credit Union in the amount of $15,000. The Wa y Y Back Inn provides transitional housing for MiileS with a chlid(rer�) under the age of 14. Currently, the City leases City-owned houses to the Way Back Inn to assist with homeless families. The Way Back Inn has applied for a $15,000 grant from Boeing Employees Credit Union to assist with necessary housing repairs for the unit located at 14688 Macadam Road South. If awarded the grant, the Credit Union will require that the above reference housing unit have a 10 -year lease with the City. The City is currently leasing the property to the Way Back Inn for five -year increments, and the existing lease is set to expire on October 1, 2013. Staff is recommending that the City enter into a 10 -year lease for the unit if the grant is received (lease dated contingent on grant date). Upon Council approval, a letter stating such will be sent to the Way Back Inn. In the event, the grant is not awarded; the current lease will remain in effect. UNANIMOUS APPROVAL. FORWARD TO MAY 9 COW FOR DISCUSSION. 51 52 COUNCIL AGENDA SYNOPSIS Galt I ITEM NO. Meeting Date Prepared by or zeu I Co uav l review 05/09/11 I Co 05/16/11 CO 3 t y ITEM INFORMATION CAS NUMBERI 11-050 STAFF SPONSOR: STEVE LANCASTER I ORIGINAL AGENDA DATE: MAY 9, 2011 AGI ?NDA ITn MTrn.r: A resolution opposing Federal preemption regarding railroads. C;\'rt:GORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other nitg Date 519111 Mtg Date Mtg Date 5/16/11 Mtg Date Mtg Date Mtg Date Mtg Date SPC )NSC IZ Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWW SPONSOR'S The Burlington Northern Santa Fe Railroad (BNSF) asserts that federal law preempts the SUI\IMARY City's authority to enforce its land use regulations with regard to railroad activities. This resolution would urge the U.S. Congress to take steps to ensure local jurisdictions have reasonable control over such activities. *The Community Affairs and Parks Committee requested additional Whereas clauses to reflect discussion and citizen input received at the 4/25 CAP. They have been included. Ri -xiH ED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/25/11 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONsoR /ADMIN. City Administration COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXhI ".NDITUR1i: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: MTG. DATE I RECORD OF, COUNCIL ACTION 5/9/11 MTG. DATE J ATTACHMENTS 5/9/11 Informational Memorandum dated 4/20/11 Draft Resolution- revised AFTER CAP (changes shown in strike through underline format) Letter from BNSF dated 3/21/11 Resolution of the 66" Annual Conference of Mayors opposing federal preemption 5/16/11 53 54 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Steve Lancaster DATE: April 20, 2011 SUBJECT: Resolution Opposing Federal Preemption re: Railroads ISSUE BNSF Railway asserts that federal law preempts the City's authority to enforce its land use regulations with regard to railroad activities. The attached draft Resolution would urge the U.S. Congress to take steps to ensure local jurisdictions have reasonable control over such activities (Attachment A). BACKGROUND BNSF operates an intermodal freight yard in the Allentown neighborhood of Tukwila. BNSF has recently acquired adjacent property designated by Tukwila's Comprehensive Plan and Zoning Code for Low Density Residential use. BNSF applied for a Comprehensive Plan amendment and a rezone to designate the newly acquired property for manufacturing and industrial use. Upon learning that the City Administration would recommend that the City Council deny this request, BNSF withdrew its application and asserted that federal law preempts the City from enforcing its land use and environmental regulations with regard to railroad activities (see Attachment B). DISCUSSION As interpreted by the Ninth U.S. Circuit Court of Appeals, the Interstate Commerce Commission Termination Act (ICCTA) grants to the Surface Transportation Board (STB) "exclusive jurisdiction" over various railroad related construction projects, and states that the legal remedies contained in the United States Code (40 U.S.C. 10501(b)) "are exclusive and preempt the remedies provided under Federal or State Law" (City of Auburn v. United States Government). The Court also noted that federal law provides that rail carriers are "exempt from the antitrust laws and from all other laws, including state and municipal law, as necessary to let that rail carrier hold, maintain, and operate property" (49 U.S.C. 11323 -25). Whether it was the intent of Congress to completely preempt local land use and environmental authority has been questioned in the past, but never definitively resolved. For example, the U.S. Conference of Mayors in 1998 adopted a resolution opposing federal preemption of local authority and requesting that the U.S. Congress enact clarifying legislation (Attachment C). The attached draft City of Tukwila Resolution (Attachment A) would urge Congress to 1. Hold hearings on the existing federal law; and 2. Direct the Surface Transportation Board to investigate the power exercised by the railroads over local environmental and land use planning authority, and take steps to remedy the imbalance of power; and 3. Enact legislation clarifying that federal law does not preempt local law as it relates to the expansion of rail yards in urbanized areas. 55 INFORMATIONAL MEMO Page 2 RECOMMENDATION That the Community Affairs and Parks Committee recommend City Council review and adoption of the proposed resolution opposing federal preemption of local land use authority related to railroads and urging Congress to clarify its intent regarding local authority. The Council is being asked to consider this item at the May 9, 2011 Committee of the Whole meeting and subsequent May 16, 2011 Regular Meeting. ATTACHMENTS A. Draft Resolution of the City of Tukwila B. Letter from BNSF dated March 21, 2011 C. Resolution of the 66 In Annual Conference of Mayors opposing federal preemption WA2011 Info Memos\BNSF Resolution Info Memo.doc 56 D"' OR' AFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, OPPOSING FEDERAL PREEMPTION OF LOCAL LAND USE AUTHORITY RELATED TO RAILROADS, AND URGING THE UNITED STATES CONGRESS TO CLARIFY ITS INTENT REGARDING LOCAL AUTHORITY. WHEREAS, the City of Tukwila recognizes the important role played by intermodal freight transport in the regional and national economies; and WHEREAS, freight rail intermodal yard operations generate noise, vibration, dust, air pollutants, heavy truck traffic, risk of explosion and hazardous substance release, and other significant adverse environmental and land use impacts; and WHEREAS, these adverse environmental and land use impacts negatively affect the quality of life and economic value of established residential neighborhoods in Tukwila and across the nation; and WHEREAS, the BNSF Railwav Companv (BNSF) South Seattle Intermodal Facilitv lies within the Allentown neighborhood, adiacent to the Duwamish River; and WHEREAS, the Duwamish River is home to a federallv listed, threatened run of Chinook, and millions of federal, state and local dollars are being spent on salmon recovery, and the responsible parties associated with the federal suoerfund site situated downstream are hiahly concerned with onaoinq source control issues and their potential for neqative impacts on the remediation efforts: and WHEREAS, the potential for the BNSF to supersede SEPA and other environmental protections could areativ increase these negative impacts, and WHEREAS, Tukwila's Comprehensive Plan, adopted in 1995 and reviewed annually, includes as its top priority "to improve and sustain residential neighborhood quality and livability and WHEREAS, the City of Tukwila has relied on its Comprehensive Plan and invested extensively in public facilities and infrastructure in the Allentown neighborhood in order to preserve and enhance its residential quality and livability; and W:\Word Processing \Resolutions \BNSF Opposing Federal Preemption strike -thru 5- 4- 11.doc SL:bjs Page 1 of 3 57 WHEREAS, property owners have responded by investing in the construction of 65 new single family homes in the Allentown neighborhood since adoption of the City's Comprehensive Plan; and WHEREAS. the Allentown neiahborhood provides affordable housing which addresses the Growth Manaaement Act targets set by Kina Countv and is also rich in diversitv with families of newly landed immigrants, multi qenerations living together; and WHEREAS, the -BNSF has recently purchased land in the Allentown neighborhood of Tukwila that is designated by Tukwila's Comprehensive Plan and by Tukwila's Zoning Ordinance exclusively for Low Density Residential use; and WHEREAS, BNSF has indicated its intention to expand its adjacent multimodal freight yard facility and activities onto these newly acquired residential properties, and has claimed a right to do so under the preemptive effect of federal law; and WHEREAS, such expansion of the BNSF multimodal rail yard into an established residential neighborhood would violate Tukwila's Comprehensive Plan and Zoning Ordinance, and would increase the negative effects of its current operation upon residents and on residential property values; and WHEREAS, heavy truck traffic associated with the existing BNSF operation causes excessive wear and damage to residential streets and bridges, which wear and damage will only be increased by the expansion of the multimodal rail yard; and WHEREAS, the United States Court of Appeals, Ninth Circuit, has ruled in City of Auburn v. U.S. Govemment that all state and local permitting laws and environmental regulations are explicitly preempted by the Interstate Commerce Commission Termination Act; and WHEREAS, many of the federal laws concerning railroads in the United States are derived from laws adopted in the 19th century and do not reflect the societal, land use and environmental values and priorities of today; and WHEREAS, the legislative history of the Interstate Commerce Commission Termination Act indicates it was Congress' intent to preempt only economic regulation of rail transportation, and to reserve for the states the essential police powers required to protect the health and safety of citizens; and WHEREAS, the U.S. Conference of Mayors has adopted a resolution opposing the federal preemption of local authority related to railroads; and WHEREAS, the City of Tukwila does not seek to interfere with interstate commerce, but believes that railroads should be subject to the same federal, state and local laws W: \Word Processing \Resolutions \BNSF Opposing Federal Preemption strike -thru 5- 4- 11.doc SL:bjs Page 2 of 3 58 and regulations that other private businesses and transportation facilities must meet in order to protect the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City of Tukwila urges the United States Congress to: 1. Hold hearings on existing federal law governing railroads; and 2. Direct the Surface Transportation Board to immediately open an investigation into the inordinate power exercised by the railroads over local environmental and land use planning laws and take immediate steps to remedy an imbalance of power through regulatory action if possible; and 3. Enact legislation clarifying that federal law does not preempt state and local environmental and land use planning laws in terms of the expansion of rail yards in urbanized areas when such expansion is inconsistent with locally adopted Comprehensive Land Use Plans. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. Jim Haggerton, Mayor Allan Ekberg, Council President ATTEST /AUTH ENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \BNSF Opposing Federal Preemption strike -thru 5- 4- 11.doc SL:bjs Page 3 of 3 59 60 Attachment B r Richard P. Chamberlain BNSF Railway Company Senior General Attorney P.O. Box 961039 I�'AIL WA Y Fort Worth, TX 76161 2500 Lou Menk Drive, AOB -3 Fort Worth, TX 76131 -2828 (817) 352 -2308 Phone (817) 352 -2398 Fax richard.chamberlai nerbnsf.cdrim Via E -Mail and Fax March 21, 2011 Mr. Steve Lancaster City Manager Tukwila City Ifall 6200 Southcenter Blvd. Tukwila, WA 98188 Re: BNSF Comprehensive Plan and Zoning Map Amendments File Nos. L10 -073, L1 M74, L1 -075 and L1.0 -076 Dear Mr. Lancaster: 1 ant writing on behalf of BNSF to withdraw its request for the comprehensive plan and zoning ;;reap amendments that the City has been considering and that are the subject of tonight's City Council .meeting. Please remove these items from the Council's agenda this evening. BNSF remains interested in working with the City to'identify landscaping and buffering measures that may be taken in connection with our planned construction project, which measures- BNSF would voluntarily implement Without waiving the preemptive effect of applicable federal law. BNSF's project representatives will contact the City in the near future to discuss this topic filrther. Thank you for your attention to this request. Yours truly, BN RAILWAY COMPANY Richard. P. Chamberlain Senior General Attorney cc: City Clerk Mr. Jack Pace Director Community Development Ms. Rebeca Fox, Senior Planner 61 Resolutions Adopted at the 66th Annual Conference of Mayors OPPOSING FEDERAL Page 1 of 1 Attachment C b r T ;A soluttotis r P TRANSPORTATION AND COMMUNICATIONS OPPOSING FEDERAL PREEMPTION OF LOCAL AUTHORITY RELATED TO RAILROADS WHEREAS, freight rail operations in the United States are expanding through mergers, increased intermodal freight transport, addition of new routes and new or expanded rail yards, and longer and higher speed trains, as well as abandonment of some smaller operations; and WHEREAS, cities throughout the United States are adversely affected by these freight rail operations; and WHEREAS, many of the federal laws concerning railroads in the United States stem from laws adopted in the 19th century and do not reflect the societal and land use or environmental changes which have occurred since the time; and WHEREAS, the U.S. Surface Transportation Board "STB in 1996 and 1997 issued decisions (STB Finance Docket No. 33095 and No. 33200) upholding a national railroad corporation's contention that the Interstate Commerce Commission Termination Act of 1995 "ICCTA preempts all local and state environmental review and requirements for permitting and mitigation of railroad activities that normally would be applied by local and state jurisdictions, thereby burdening local and state jurisdictions with the costs of environmental mitigation while allowing private railroad companies to reap additional profits from expanded freight rail services; and WHEREAS, railroads have cited the STB decisions to avoid compliance with state and federal environmental law and local permitting requirements; and WHEREAS, local jurisdictions do not seek to interfere with interstate commerce, but believe that railroads should be subject to the same federal, state and local environmental laws under which interstate highways and airports must abide, said laws providing opportunity for mitigation of negative impacts of new or enhanced facilities, operations, or both, NOW, THEREFORE, BE IT RESOLVED that The U.S. Conference of Mayors urges the United States Congress to hold hearings on existing federal law governing railroads and enact legislation clarifying that current federal law does not preempt state and local environmental and land use planning laws. i Return to Previous Page. 62 http: /www.usmayors.org/ resolutions /66th conference /federal tra.html 03/25/2011 Communitv Affairs Parks Committee Minutes April 25, 2011— Paae 2 C. Resolution: Onnosing Federal Preemption of Land Use Authoritv related to Railroads Mayor Haggerton is seeking Council approval of a resolution which opposes federal preemption of local land use authority related to railroads. Additionally, the draft resolution urges the Unites Stated Congress to clarify its intent regarding local authority. This draft resolution is the direct result of recent property acquisition and a request for a rezone via a Tukwila Comprehensive Plan amendment from Burlington Northern Santa Fe Railway (BNSF). The Comprehensive Plan amendment requested a rezone from Low Density Residential (LDR) use to Manufacturing and Industrial use. The amendment was ultimately withdrawn by BNSF upon City staff recommendation to deny the request. BNSF declared that federal law preempts the City from enforcing its land use and environmental laws in regards to railroad activities. After discussion, it was suggested that reference to the following concepts be included in the resolution: The extremely diverse population of this area will negatively impact families including property devaluation of the moderately priced housing stock which is inhabited by multi generational families that include recent immigrant and ethnic minorities. An expansion of railroad operations could be harmful (i.e.: run -off) to work that is being done to restore the river and the fish habitat as well as the interruption of other natural habitats, nesting and a continuous balanced eco- system. The river is already a Super Fund site and ongoing source control continues to be a concern. The City of Tukwila already has limited housing stock, which makes meeting Growth Management Act (GMA) requirements challenging. The expansion and continued property acquisition by the railroad -will reduce the City's available housing stock. The proximity of yard operations and potential expansion to the Duwamish Riverbend Preserve may be of substantial concern to the Duwamish Tribe, who considered a large portion of the Preserve to be sacred. Committee Chair Seal requested that, once discussed at Council, the Mayor sign the resolution with the Council President in order to show the solidarity of the legislative and administrative branches of government on this issue. Staff will incorporate items suggested above in the draft resolution which is sent to full Council. UNANIMOUS APPROVAL. FORWARD TO MAY 9 COW FOR DISCUSSION. D. Parks Recreation Events Calendar As an information only item, Committee Members reviewed the Parks Recreation calendar for May and June. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:21 p.m. Next meeting: Monday, March 28, 2011— 5:00 p.m. Conference Room #3 Committee Chair Approval Mi tes b KAM. Reviewed by St SL. 63 64 Upcoming Meetings Events May 2011 9th (Monday) 10th (Tuesday) 11th (Wednesday) 12th (Thursday) 13th (Friday) 14th (Saturday) Community Utilities City Council Human 11th Annual Affairs Cmte, Special Mtg., Services Backyard Wildlife Parks Cmte, 5:00 PM (Work Session on Advisory Festival 5: 00 PM (CR #1) the Shoreline Board, at Tukwila Community (CR 43) Master 10:00 AM Center Tukwila Program) (Human 9:00 AM 3:00 PM International 6:00 8:30 PM Services o tce (Council ff A FREE family event! Civil Service Boulevard New this year! Crate, Action Cmte, Chambers) >Kids Garden Party 5:00 PM 7:00 PM Tickets for Tukwila (Please note, (Community Historical Society Tukwila Days Art special date Center) First Annual Gala Show location, and Auction on T CR #1) June 26,2011' available now at For more information City Council www.brownnaner contact the Tukwila Committee of tickets.com Community Center at the Whole "Early- bird" 206- 768 -2822 or Mtg., discounts available www.backvardwildlife 7:00 PM until May 15 fair.ore, (Council Chambers) Tukwila HatoticalSocie Council Coffee Chat 10:00 AM to 12:00 NOON y" F -iendz Cafe (12930 E. Marginal FVa) J 4 c'= Stop by and informally talk with a Tukwila City Councihnember about anything on your mind regarding Tukwila. 16th (Mondav).i 17th�fTuesd:iv).;- "18t1i (Wed nesdav) 119th.4T]iursdav)'... 20th.(Fridav)'sx 21st'(Saturdav)- Transportation Finance Parks Tukwila 2011 Residential Cmte, Safety Cmte, Commission, Historical Society, Recycling Collection 5:00 PM 5:00 PM 5:30 PM 7:00 PM Event and Rain (CR 41) (CR #3) (Community (Tu"41a Heritage Barrel Sale City Council Center) Cultural Center, 9:00 AM to 3:00 PM Regular Mtg., 14475 59 Ave S.) Tukwila Village site at 7:00 PM Library Advisory the corner of S. 144th (Council Board, St. 41st Ave. S. Chambers) 7:00 PM Rain Barrels are (Foster Library) $20.00 each. For City Residents, One bin per household For more information call 206 431 -3683 Volunteer Work Party 10:00 AM 2:00 PM Duwamish Hill Preserve For information and registration visit www. cascadeland ory (or call 206 905 -931) City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon. 5:00 PM, Conf. Room #3. Contact Human Resources at 206 431 -2187. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3.. 519111 meeting has been cancelled Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850. Finance Safety Committee: lst 3rd Tues., 5:00 PM, Conf. Room 93. Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 -7180. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1861. Tukwila Int'l. Blvd. Action Crate: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Mike Villa at 206- 433 -1815. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. (A) APW /APE Sewer Repair Feb. 2011 Project Completion and Acceptance. 65 Tentative Agenda Schedule MONTH MEETING 1 MEETING 2 MEETING 3 MEETING,4 REGULAR C.O.W. REGULAR C:O W May 2 9 16 23 See agenda packet Special Presentation: Special Issues: cover sheet for this King County A resolution week's agenda Agricultural appointing (May 9, 2011 Commission committees to prepare Connnittee of the Whole Presentation written arguments Meeting) Financial Status Report advocating approval on 4 Quarter 2010 and and rejection of 1st Quarter 2011 proposed formation of a Tukwila Pool Metropolitan Park Proclamations/ District Ballot Appointments: Measure for inclusion A Proclamation for in the August 16, 2011 National public Works Election Voters' Week Pamphlet Appointments to Boards and Commissions Tukwila Village: Recommendation on Unfinished Business: developer selection Grant application for $125,000 in 2012 CDBG COMMITTEE OF THE fund WHOLE MEETING TO A Lease agreement BE FOLLOWED BY A with the Way Back Inn SPECIAL MEETING A resolution opposing federal preemption of Unfinished Business: local and land use A resolution authority related to appointing railroads and urging committees to prepare the U.S. Congress to written arguments clarify its intent advocating approval regarding local and rejection of authority proposed formation of a Tukwila Pool Metropolitan Park District Ballot Measure for inclusion in the August 16, 2011 Election Voters' Pamphlet June 6 13 20 27 Unfinished Business: Tukwila Village: Recommendation on developer selection 66