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COW 2018-02-26 COMPLETE AGENDA PACKET
Tukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE •❖ �� ----- h9o$ Allan Ekberg, Mayor Counci/members: ❖ Dennis Robertson ❖ Kathy Hougardy David Cline, City Administrator + De'Sean Quinn + Kate Kruller Verna Seal, Council President ❖ Thomas McLeod ❖ Zak Idan Monday, February 26, 2018; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. 2018 Tukwila GreenWorks Award for Business Recycler of the Year. Samantha Wilder, Wilder Environmental Consulting; and Lynn Miranda, Senior Planner, City of Tukwila. b. Think Green scholarship awards to Foster High School students. Casey Desmond, Public Sector Manager, Waste Management; and Hannah Scholes, Education & Outreach Coordinator, Waste Management. c. Police Department awards. Bruce Linton, Police Chief Life-saving medal awarded to Officer Patrick Hisa and Officer Isaiah Harris. 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. SPECIAL ISSUES a. An ordinance for the Verizon Wireless franchise agreement. b. Consensus on priority -based budgeting. c. Potential sale of City properties. d. An ordinance establishing regulations relating to compliance with federal immigration laws. e. Airport Impact Study budget proviso. Pg.1 Pg.29 Pg.39 Pg.51 Pg.59 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURNMENT City Tukwila Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the Clerk's Office (206-433-1800 or TukwilaCitvClerk©TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer 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 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. 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. Members of the public 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 that 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 MEETING SCHEDULE 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. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 02/26/18 RT' -1 r' , 4-1.1 03/05/18 RT2 ❑ Public Hearing Mtg Date ❑ Other Nits Date Mtg Date Mtg Date 03/05/18 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 0 PW SPONSOR'S Verizon Wireless provides a full-service communication system in the US and Europe. SUMIA\RY Council is being asked to approve the new ordinance for the franchise agreement that will allow Verizon Wireless to deploy small cell technology to expand the capacity of its wireless network. Additional language has been added to insure safety and protect property, insurance requirements, and restoration to any property damaged, disturbed, or altered by Verizon. RI?\'IFWF.D BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/28/17 COMMITTEE CHAIR: KATE // Transportation Cmte ❑ Planning Comm. KRULLER ITEM INFORMATION ITEM No. 4.A. STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL, AGENDA D:11'1 : 02/26/18 AGI:NDA ITEM TITJ is Ordinance Granting a Non -Exclusive Franchise Agreement with Verizon Wireless for Small Cell Technology CATI?GORY // Discussion 02/26/18 ❑ Motion Mtg Date ❑ Resolution Mtg Date /1 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Nits Date Mtg Date Mtg Date 03/05/18 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 0 PW SPONSOR'S Verizon Wireless provides a full-service communication system in the US and Europe. SUMIA\RY Council is being asked to approve the new ordinance for the franchise agreement that will allow Verizon Wireless to deploy small cell technology to expand the capacity of its wireless network. Additional language has been added to insure safety and protect property, insurance requirements, and restoration to any property damaged, disturbed, or altered by Verizon. RI?\'IFWF.D BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/28/17 COMMITTEE CHAIR: KATE // Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITIIF Public Works Department Discussion only COST IMPACT / FUND SOURCE EXP►-:NDITURI? RI?QULMU) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/26/18 03/05/18 MTG. DATE ATTACHMENTS 02/26/18 Informational Memorandum dated 11/22/17 Ordinance Minutes from the Transportation & Infrastructure Committee meeting of 11/28/17 03/05/18 2 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, City Engineer BY; Gail Labanara, Public Works Analyst CC: Mayor Ekberg DATE: February 9, 2018 SUBJECT: Ordinance - Verizon Wireless Small Cell Technology Franchise Agreement ISSUE Approval of Verizon Wireless Franchise Ordinance. BACKGROUND Seattle SMSA Limited Partnership, headquartered in Delaware, is doing business as Verizon Wireless. Verizon is the second largest U.S. telecommunications service provider and has its roots in the breakup of the Bell System. Verizon was formed in 2000 from a merger between Bell Atlantic and GTE. Verizon Wireless provides a full-service communications systems industry in the US and Europe. Verizon Wireless is currently in the stages of deploying small cell technology to expand the capacity of its wireless network. ANALYSIS The attached Franchise Ordinance establishes permission for Verizon's deployment of small cellular technology in the City's right-of- way. Some of the features of the Verizon Franchise include: • Definitions for clarity of references • Provisions that the City provides no warranty in the right-of-way and will not defend Verizon for peaceable possession or use of the franchise area • Provided provisions allowing the City to require notice to the public for work that will disturb or disrupt public property. Clarifies that the City can protect the public health, safety, and welfare by requiring facilities to be installed at a particular time, place, or manner • Establishes a duty to restore the right-of-way to a condition as good or better than before the construction and provides a warranty of same. Protects private property by requiring Verizon to restore any private property damaged, disturbed, or altered by Verizon • Provides that any contractors or subcontractors of Verizon that perform work in the right-of-way must comply with the City's indemnity and insurance requirements and mandates that Verizon take responsibility for all work performed by Verizon's contractors and subcontractors • Specifies the City's stop work authority should work be performed in an unsafe manner • Provides for revocation of the franchise should Verizon's business end up in receivership • Clarifies that the franchise does not preclude the City from constructing its own utility facilities, repairing, maintaining, or widening the right-of-way. FINANCIAL IMPACT Under the terms of the Franchise, Verizon Wireless will pay a $5,000 administrative fee within 30 days of franchise approval. Per RCW 35.21.860, cities may charge site-specific charges to providers of personal wireless services under certain circumstances before the City issues a use permit. This Franchise tracks that statutory language and provides that Verizon and the City will determine applicable site-specific charges at the use permit stage for eligible facilities. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a Franchise Agreement to Verizon Wireless for Small Cell Technology and consider this item at the February 26, 2018 Committee of the Whole and subsequent March 5, 2018 Regular Meeting. Attachment: Draft Franchise Ordinance W:IPW Eng1PROJECTS1Franciilse1TelewmlVERIZ©N wirelesslInfo Memo Verizon 020918.docx 3 4 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO SEATTLE SMSA LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN THE PUBLIC RIGHTS- OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon Wireless, hereinafter referred to as "VERIZON" is a telecommunications company that, among other things, provides personal wireless services to customers in the Puget Sound region; and WHEREAS, VERIZON's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights-of-way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way and other public property for installation, operation and maintenance of communications facilities; W. Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL.bjs Page 1 of 20 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. A. For the purposes of this Franchise Agreement and the Exhibit attached hereto, the following terms, words, phrases, and their derivations where capitalized shall have the meanings given herein. Terms not defined herein shall have the meaning given in Title 11 of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal Code shall have the meaning given pursuant to such federal statutes, rules, or regulations that apply to and regulate the services provided by VERIZON. Words not otherwise defined shall be given their common and ordinary meaning. B. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. 1. "Affiliate" when used in connection with VERIZON means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with VERIZON. 2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, relocate, remove, or support. 3. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise that is not cured within 30 days after receipt of written notice from the non -defaulting Party. 4. "Design Document(s)" shall mean the plans and specifications for the construction of the Facilities meeting the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's infrastructure Design and Construction Standards Manual (the "Standards"), illustrating and describing the refinement of the design of the Telecommunications System Facilities to be Constructed, establishing the scope, relationship, forms, size and appearance of the Facilities by means of plans, sections and elevations, typical construction details, location, alignment, materials, and equipment layouts. The Design Documents shall include specifications that identify utilities, major material and systems, Public Right -of -Way improvements, restoration and repair, and establish in general their quality levels. 5. "Dispute" shall mean a question or controversy that arises between the Parties concerning the observance, performance, interpretation or implementation of any of the terms, provisions, or conditions contained in this Franchise Agreement or the rights or obligations of either Party under this Franchise Agreement. W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 6 Page 2 of 20 6. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of -Way and VERIZON's ability to continue to provide services if immediate action is not taken; or (b) presents an immediate threat of harm to persons or property if immediate action is not taken. 7. "Facility or Facilities" means any part or all of the facilities, equipment and appurtenances of VERIZON whether underground or overhead and located within the Public Rights -of -Way as part of VERIZON's Telecommunications System, including but not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and shelters, vaults, generators, conductors, poles, carriers, drains, vents, guy wires, encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters, receivers, antennas, and signage. 8. "Franchise" shall mean the grant, once accepted, giving general permission to VERIZON to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. 9. "Law(s)" shall mean all present and future applicable laws, ordinances, rules, regulations, resolutions, environmental standards, orders, decrees and requirements of all federal, state, and local governments, the departments, bureaus, or commissions thereof, or other governmental authorities, including the City acting in its governmental capacity. References to Laws shall be interpreted broadly to cover government actions, however nominated. 10. "Party(ies)" shall mean either the City or VERIZON or both. 11. "Permit" means a permit issued under the regulatory authority of the City that provides specific requirements and conditions for Work to Construct Facilities within the Public Rights -of -Way and includes, but is not limited to: a construction permit, building permit, street excavation permit, barricade permit, and clearing and grading permit. 12. "Person" means and includes any individual, corporation, partnership, association, joint-stock company, limited liability company, political subdivision, public corporation, taxing district, trust, or any other legal entity, but not the City or any Person under contract with the City to perform work in the Public Rights -of -Way. 13. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other public right-of-way, including any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. W: Word ProcessingtOrdinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 3 of 20 7 14. "Public Works Director" shall mean the Public Works Director for the City or their designee, or such officer or person who has been assigned the duties of Public Works Director or their designee. 15. "Service" shall mean the service or services authorized to be provided by VERIZON under the terms and conditions of this Franchise Agreement. 16. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Right(s)- of-Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Telecommunications System" shall not mean or include Facilities owned or used by VERIZON for the provision of cable television services, video programming, or services other than personal wireless services, including ownership and/or operation of a dark fiber network. 17. "Work" shall mean any and all activities of VERIZON, or its officers, directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, within the Public Rights -of -Way to Construct the Facilities. Section 2. Non-exclusive Franchise Granted. A. The City hereby grants to VERIZON, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within all City -owned Public Rights -of -Way, generally described as that area within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". B. The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to VERIZON and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this Franchise has been granted to VERIZON; provided, that such other franchises do not unreasonably interfere with VERIZON's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes VERIZON to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to VERIZON. D. The City does not warrant its title or property interest in or to any franchise area nor undertake to defend VERIZON in the peaceable possession or use of the franchise area. No covenant of quiet enjoyment is made. Section 3. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies and procedures as he or she deems necessary to carry out the provisions contained herein. W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 8 Page 4 of 20 Section 4. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of 10 years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and VERIZON shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. If VERIZON desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. In the event of such filing, the City may extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to VERIZON prior to the Franchise expiration date. Section 5. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of VERIZON to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 6. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 7. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate Permits from the City of Tukwila. In case of an emergency, VERIZON shall, within 24 hours of the emergency, obtain a Permit from the City of Tukwila's Public Works Department. 2. Coordination. All capital construction projects performed by VERIZON within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. 3. Notice to the Public. Except in the case of an Emergency, the City retains the right to require VERIZON to notify the public prior to commencing any significant planned Construction that VERIZON reasonably anticipates will materially disturb or disrupt public property or have the potential to present a danger or affect the safety of the public generally. 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access if VERIZON is not willing to comply with such requirements; and, may require removal of any Facility that is not installed in W Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 5 of 20 9 compliance with the Standards provided in this Franchise Agreement or which is installed without prior City approval of the time, place, or manner of installation. 5. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for VERIZON within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of - Way. All construction, installation, maintenance and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. VERIZON's Facilities shall be designed, located, aligned, and constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities of the City or the City's existing lessees, licensees, permitees, franchisees, easement beneficiaries or lien holders, without prior written consent of the City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the effective date. 6. Duty to Restore. a. VERIZON shall, after completion of construction of any part of its Telecommunications System, leave the Public Rights -of -Way and other property disturbed nearby in as good or better condition in all respects as it was in before the commencement of such Construction. VERIZON agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City Standards. b. If VERIZON's Work causes unplanned, unapproved, or unanticipated disturbance or alteration or damage to Public Rights -of -Way or other public property, VERIZON shall promptly remove any obstructions therefrom and restore such Public Rights -of -Way and public property to the satisfaction of the City and in accordance with City Standards. c. If weather or other conditions do not allow the complete restoration required, VERIZON shall temporarily restore the affected Public Right -of -Way or public property. VERIZON shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 7. Notice. If VERIZON's Work causes unplanned, unapproved, or unanticipated disturbance or damage to Public Rights -of -Way or other public or private property, VERIZON shall promptly notify the property owner within 24 hours. 8. Warranty. VERIZON shall warrant any restoration work performed by VERIZON in the Public Rights -of -Way or on other public property for 2 years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by VERIZON, the City may, after 30 days prior notice to VERIZON, or without notice where the disturbance or damage may create an imminent W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 10 Page 6 of 20 risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from VERIZON. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, VERIZON shall pay the City. 9. Restoration of Private Property. When VERIZON does any Work in the Public Rights -of -Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to the reasonable satisfaction of the private property owner. 10. Stop Work. On written notice from the City that any Work does not comply with the Franchise Agreement, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as reasonably determined by the City, the non-compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed. If so ordered, VERIZON shall cease and shall cause its contractors and subcontractors to cease such activity until the City is satisfied that VERIZON is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order VERIZON to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if VERIZON fails to do so, and to reasonably charge VERIZON for the costs incurred to perform such inspection, repair, or correction. Payment by VERIZON will be made within 30 days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. The authority and remedy set forth herein in this section is in addition to, and not a substitute for, any authority the City may otherwise have to take enforcement action for violation of City codes or Standards. 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, VERIZON and VERIZON's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior consent, which consent shall not be unreasonably withheld, delayed, or conditioned. The parties acknowledge that nothing in this agreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of VERIZON's Facilities in the Franchise Area. Material alteration and/or deviation shall include, but not be limited to: a change in the dimension or height or location or placement of the Facilities. If VERIZON desires to change either the location of any Facilities or otherwise materially deviates from the approved design of any of the Facilities, VERIZON shall submit such change to the City in writing for its approval. VERIZON shall have no right to commence any such alteration or deviation until after VERIZON has received the City's approval of such change in writing. Under no circumstance shall VERIZON permanently affix anything in the Franchise Area that inconveniences the public use of the right of way or adversely affects the public health, safety, or welfare. W Word Processing10rdinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 7 of 20 11 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground consistent with the requirements of Tukwila Municipal Code Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director provided, however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. 13. Relocation. a. The City shall have the right to require VERIZON to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the public rights-of-way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: public rights-of-way construction; public rights-of-way repair (including resurfacing or widening); change of public rights-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility, or public transportation systems, public work, public facility, or improvement of any government-owned utility; public rights-of-way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires VERIZON to relocate its Facilities, the City shall provide VERIZON with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and VERIZON shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify VERIZON as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. Except in case of emergency such notice shall be no less than 90 days. b. To ensure timely execution of relocation requirements, VERIZON shall, upon written request from the City, provide at VERIZON's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of Facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. c. VERIZON may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise VERIZON in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, VERIZON shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by VERIZON full and fair consideration. In the event the City, in its sole discretion, decides not to W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 12 Page 8 of 20 accept the alternatives suggested by VERIZON, VERIZON shall relocate its Facilities as otherwise specified in Section 6, subparagraph 5. d. Upon final approval of the relocation plan by the City, VERIZON shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change, or alter the position of any Facilities or structures within the right-of-way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights- of-way. In the event relocation is required by reason of construction by a third party, non-governmental entity, for the sole benefit of the third party, non-governmental entity then VERIZON's relocation costs shall be borne by the third party. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from VERIZON's Facilities, VERIZON shall, upon notification from the City, respond within 24 hours to resolve the conflict. f. VERIZON acknowledges and understands that any delay by VERIZON in performing the work to alter, adjust, relocate, or protect in place its Facilities within the public rights-of-way may delay, hinder, or interfere with the work performed by the City and its contractors and subcontractors in furtherance of construction, alteration, repair, or improvement of the public rights-of-way, and result in damage to the City, including but not limited to, delay claims. VERIZON shall cooperate with the City and its contractors and subcontractors to coordinate such relocation work to accommodate the public improvement project and project schedules to avoid delay, hindrance of, or interference with such project. g. Should VERIZON fail, within 30 days of receipt of written notice from the City, to alter, adjust, protect in place or relocate any Facilities ordered by the City to be altered, adjusted, protected in place, or relocated, within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may, to the extent the City may lawfully do so, cause such work to be done and bill the reasonable cost of the work to VERIZON, including all reasonable costs and expenses incurred by the City due to VERIZON's delay. In such event, the City shall not be liable for any damage to any portion of VERIZON's system. In addition to any other indemnity set forth in this Franchise Agreement, VERIZON will indemnify, hold harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improvement construction projects caused by or arising out of the failure of VERIZON to adjust, modify, protect in place, or relocate its Facilities in a timely manner; provided that, VERIZON shall not be responsible for damages due to delays caused by the City. W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 9 of 20 13 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and amenities, VERIZON shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. No facility constructed or owned by VERIZON shall be abandoned without the express written consent of the City. 15. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, VERIZON shall, upon the request of the City, furnish one bond executed by VERIZON for all of its Facilities in the City's rights-of-way, in such sum as may be set and approved by the City as sufficient to ensure performance of VERIZON's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the Telecommunications System to be installed by VERIZON in the City rights-of-way. At VERIZON's sole option, VERIZON may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that VERIZON shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective VERIZON work or materials discovered in the City's roads, streets, or property. 16. "One -Call" Location and Liability. VERIZON shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to VERIZON's system components or for interruptions in service to VERIZON customers which are a direct result of work performed for any City project for which VERIZON has failed to properly locate its lines and Facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the VERIZON system components or for interruptions in service to VERIZON customers resulting from work performed under a permit issued by the City. 17. As -Built Plans Required. VERIZON shall maintain accurate engineering plans and details of all installations within the City limits and shall provide, at no cost to the City, such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by VERIZON pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as -built submittals provided under this section. 18. Recovery of Costs. VERIZON shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, VERIZON shall pay such reasonable costs and expenses directly to the City. W. Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 14 Page 10 of 20 19. Taxes. Nothing contained in this Franchise Agreement shall exempt VERIZON's obligation to pay any applicable utility tax, business tax, or ad valorem property tax, now or hereafter levied against real or personal property owned by VERIZON within the City, or against any local improvement assessment imposed on VERIZON. Any fees, charges, and/or fines provided for in the City Municipal Code or any other City ordinance, are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed, or due from VERIZON. 20. Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 60 - days written notice to VERIZON, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to VERIZON by reason of such termination other than those provided for in RCW 35.99. Section 7. Franchise Compliance. A. Franchise Violations. The failure by VERIZON to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If VERIZON has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. B. Emergency Actions. 1. If any of VERIZON's actions under this Franchise Agreement, or any failure by VERIZON to act to correct a situation caused by VERIZON, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order VERIZON to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify VERIZON in writing and give VERIZON an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. VERIZON shall be liable for all reasonable costs, expenses and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by VERIZON and shall further be liable for all reasonable costs, expenses and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by VERIZON to take appropriate action to correct a situation caused by VERIZON and identified by the City as a threat to public or private safety or property, financial harm, or delay of the W: Word Processinglordirances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 11 of 20 15 construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during construction or maintenance of VERIZON's Facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health or property, VERIZON or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of VERIZON's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/or damages. D. Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, VERIZON shall, at its sole expense, remove all system components and Facilities within 60 days of such termination, provided that the City, at its sole option, may allow VERIZON to abandon its Facilities in place. E. Receivership. At the option of the City, subject to applicable law and lawful orders of courts of competent jurisdiction, this Franchise may be revoked after the appointment of a receiver or trustee to take over and conduct the business of VERIZON whether in a receivership, reorganization, bankruptcy, or other action or proceeding, unless: 1. The receivership or trusteeship is timely vacated; or 2. The receiver or trustee has timely and fully complied with all the terms and provisions of this Franchise Agreement, and has remedied all defaults under the Franchise Agreement. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision, and limitation of this Franchise Agreement. Section 8. Insurance. A. VERIZON shall maintain Commercial General liability insurance during the full term of this Franchise Agreement for bodily injury (including death) and property damages. The limit of liability shall be a combined single limit in the amount of $2,000,000 for each occurrence and $2,000,000 general aggregate. B. Such insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; and shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. Upon receipt of notice from its insurer(s) that any insurance required by this Franchise Agreement will be cancelled or will not be renewed, and VERIZON will not replace such insurance with coverage as required by this Franchise Agreement, VERIZON shall provide the City with 30 days prior written W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 16 Page 12 of 20 notice of such cancellation. Notice shall be provided as required by Section 12 below. Should the City receive such notice, at City's discretion, the City may send a notice of default to VERIZON allowing VERIZON 15 days to cure its failure to maintain insurance as required by this Franchise Agreement. If VERIZON fails to cure the default within such 15 -day period, the City may unilaterally terminate this Franchise Agreement by sending a written notice of termination to VERIZON. C. VERIZON's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of VERIZON shall be deemed servants and agents of VERIZON for the purposes of this Franchise Agreement and are subject to the same restrictions, limitations, and conditions as if the Work were performed by VERIZON. VERIZON shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise Agreement and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is VERIZON's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on VERIZON's behalf are familiar with the requirements of this Franchise Agreement and other applicable Laws governing the Work performed by them. Section 9. Other Permits and Approvals. Nothing in this Agreement shall relieve VERIZON from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 10. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in VERIZON's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from VERIZON to another person or entity controlling, controlled by, or under common control with VERIZON. VERIZON may license Facilities to other users without the consent of the City provided that VERIZON remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise which requires the approval of the City, VERIZON shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. This Franchise may not be transferred without filing or establishing with the City the W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL•bjs Page 13 of 20 17 insurance certificates, security fund, and performance bond as required pursuant to this Franchise. The qualifications of any transferee shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any reasonable administrative costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. The transferee(s) shall thereafter be responsible for all obligations of VERIZON with respect to the Franchise; provided, that the transfer shall not in any respect relieve VERIZON, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, if the acts or omissions occur before the time of the transfer. Section 11. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. VERIZON does hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. B. VERIZON shall be subject to a one-time $5,000 administrative fee for reimbursement of costs associated with the preparation, processing and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment and supplies associated with such tasks as plan review, site visits, meetings, negotiations and other functions critical to proper management and oversight of the City's right-of-way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after notice of franchise approval. C. The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law and VERIZON shall in good faith endeavor to negotiate a reasonable Franchise fee or other fee if future law permits the City to charge a Franchise fee. However, the parties shall negotiate a site-specific charge acceptable to the parties for facilities for personal wireless services that meet one of the criteria in RCW 35.21.860(1)(e)(i)-(iii). Pursuant to RCW 35.21.860(1)(e), the City is not required to approve a use permit for the placement of a facility for personal wireless services that meets one of the criteria set forth in RCW 35.21.860(1)(e)(i)-(iii) absent such an agreement. D. In the event VERIZON submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, VERIZON shall reimburse the City for franchise amendments and reasonable expenses associated with the project. VERIZON shall pay such costs within 60 days of receipt of a bill from the City. E. Failure by VERIZON to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 7 of this ordinance. W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 18 Page 14 of 20 Section 12. Notices. Any notice to be served upon the City or VERIZON shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: TukwilaCityClerk©tukwilawa.gov Phone: 206-433-1855 With a copy to: Public Works Director City of Tukwila 6300 Southcenter Boulevard Ste. 100 Tukwila, WA 98188 Seattle SMSA Limited Partnership d/b/a Verizon Wireless Attn: Network Real Estate 180 Washington Valley Road Bedminster, NJ 07921 With a copy to: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Attn: Pacific Market General Counsel 15505 Sand Canyon Ave. Irvine, CA 92618 Section 13. Indemnification. A. VERIZON shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. VERIZON shall release, indemnify, defend, and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any act or omission of VERIZON, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to VERIZON by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to VERIZON's obligation pursuant to this section, the City shall within a reasonable time notify VERIZON thereof and VERIZON shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to VERIZON's obligation pursuant to this section, the City shall promptly notify VERIZON thereof, and VERIZON shall, at its sole W: Word Processing\Ordinances\Verizon-Seattie SMSA Franchise Agreement 1-29-18 GL.bjs Page 15 of 20 19 cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, VERIZON may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require VERIZON to: 1. protect and save the City harmless from any claims, actions or damages; 2. settle or compromise any claim, demand, suit or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between VERIZON and the City, VERIZON's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action that arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims made by VERIZON's employees against the City, its officers, agents and employees, VERIZON expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of VERIZON's officers, agents or employees against the City. This waiver is mutually negotiated by the parties. Section 14. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, Verizon shall have the option to terminate the Franchise Agreement. Section '15. Reservation of Rights. A. The parties agree that this Franchise Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. Accordingly, any provision of this Franchise Agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this Franchise Agreement does not constitute a waiver of any rights or obligations by either party under the law. W. Word Processing\Ordinanceslverizon-Seattle SMSA Franchise Agreement 1-29-18 GL.bjs 20 Page 16 of 20 B. Nothing in this Franchise Agreement shall prevent the City from constructing sanitary or storm sewers; grading, changing grade, paving, repairing, widening or otherwise altering any Public Rights -of -Way; laying down, repairing or removing water mains; or installing conduit or fiber optic cable. Section 16. Police Powers. A. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. VERIZON shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. B. Nothing in this Franchise Agreement shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of VERIZON's Facilities. City's approvals and inspections as provided herein are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Telecommunications System, suitability of the Franchise area for Construction, or any obligation on the part of the City to insure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Telecommunications System. Section 17. Future Rules, Regulations and Specifications. VERIZON acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to VERIZON, shall thereafter govern VERIZON's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect VERIZON's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to VERIZON and other similar user of such facilities. Section 18. Entire Agreement. This Franchise Agreement contains all covenants and agreements between the City and VERIZON relating in any manner to the Franchise, use, and occupancy of the Public Rights -of -Way and other matters set forth in this Franchise Agreement. No prior agreements or understanding pertaining to the same, written or oral, shall be valid or of any force or effect and the covenants and agreement of VERIZON shall not be altered, modified, or added to except in writing signed by the City and VERIZON and approved by the City in the same manner as the original Franchise was approved. W Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 17 of 20 21 Section 19. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the effective date shall be determined as provided in this Franchise Agreement. Section 20. Time Limits Strictly Construed. Whenever this Franchise Agreement sets forth a time for any act to be performed by VERIZON, such time shall be deemed to be of the essence, and any failure of VERIZON to perform within the allotted time may be considered a Default of this Franchise Agreement. Section 21. Joint Venture. It is not intended by this Franchise Agreement to, and nothing contained in this Franchise Agreement shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between VERIZON and City. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner that would indicate any such relationship. The Parties intend that the rights, obligations, and covenants in this Franchise Agreement and any collateral instruments shall be exclusively enforceable by the City and VERIZON, their successors, and assigns. No Person not a Party hereto, and no such Person shall have any right or cause of action hereunder, except as may be otherwise provided herein. Further, VERIZON is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. However, nothing in this section prevents an assignment as provided for in this Franchise Agreement. Section 22. Binding Effect Upon Successors and Assigns. All of the provisions contained in this Franchise Agreement shall be binding upon the heirs, successors, executors, administrators, receivers, trustees, legal representatives, transferees and assigns of VERIZON; and all privileges as well as any obligations and liabilities of VERIZON shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever VERIZON is named herein. Section 23. Waiver. No failure by either Party to insist upon the performance of any of the terms of this Franchise Agreement or to exercise any right or remedy consequent upon a Default thereof, shall constitute a waiver of any such Default or of any of the terms of this Franchise Agreement. None of the terms of this Franchise Agreement to be kept, observed, or performed by either Party, and no Default thereof, shall be waived, altered, or modified except by a written instrument executed by the injured Party. No waiver of any Default shall affect or alter this Franchise Agreement, but each of the terms of this Franchise Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default thereof. No waiver of any Default of the defaulting Party shall be implied from any omission by the injured Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. One or more waivers W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs 22 Page 18 of 20 by the injured Party shall not be construed as a waiver of the subsequent Default of the same covenant, term, or conditions. Section 24. Survival of Terms. Upon the expiration, termination, revocation, or forfeiture of the Franchise Agreement, VERIZON shall no longer have the right to occupy the Franchise area for the purpose of providing services authorized herein. However, VERIZON's obligations under this Franchise Agreement to the City shall survive the expiration, termination, revocation, or forfeiture of these rights according to its terms for so long as VERIZON's Telecommunications System or any part thereof shall remain in whole or in part in the Public Rights -of -Way, or until such time as VERIZON transfers ownership in all Facilities in the Franchise Area to the City or a third - Party, or until such time as VERIZON abandons said Facilities in place, all as provided herein. Said obligations include, but are not limited to: VERIZON's obligations to indemnify, defend, and protect the City, to provide insurance, to relocate its Facilities, and to reimburse the City for its costs to perform VERIZON's work. Section 25. Force Majeure. A. In the event VERIZON is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to, acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes and unforeseen labor conditions not attributable to VERIZON's employees, VERIZON shall not be deemed in Default of provisions of this Franchise Agreement. B. If VERIZON believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise Agreement, VERIZON shall provide documentation as reasonably required by the City to substantiate VERIZON's claim. VERIZON shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise Agreement or to procure a substitute for such obligation that is satisfactory to the City; provided that VERIZON shall perform to the maximum extent it is able to perform and shall take reasonable steps within its power to correct such cause(s) in as expeditious a manner as possible, provided that VERIZON takes prompt and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with the Franchise Agreement without unduly endangering the health, safety, and integrity of VERIZON's employees or property, or the health, safety, and integrity of the public, Public Rights -of -Way, public property or private property. Section 26. Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise Agreement or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys, paralegals, accountants, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as allowed by Washington law and as determined by the judge or arbitrator at W Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 19 of 20 23 trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by Law. This provision shall cover costs and attorneys' fees related to or with respect to proceedings in Federal Bankruptcy Courts, including those related to issues unique to bankruptcy law. This provision shall not apply to the extent that the suit, action, arbitration, or other proceeding is brought to interpret any term, condition, provision, section, article, or clause of this Franchise Agreement. Section 27. Venue. This Franchise Agreement shall be governed by, and construed in accordance with the laws of the State of Washington. Any action brought relative to enforcement of this Franchise Agreement, or seeking a declaration of rights, duties, or obligations herein shall be initiated in the Superior Court of King County, and shall not be removed to a federal court, except as to claims over which such Superior Court has no jurisdiction. Removal to federal court shall be to the Federal Court of the Western District of Washington. Section 28. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 29. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Alan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — Franchise Agreement Acceptance Form W. Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 GL.bjs 24 Page 20 of 20 Date: EXHIBIT A Seattle SMSA Limited Partnership, d/b/a Verizon Wireless Franchise Agreement Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, WA 98188 Dear City Clerk: Re: Ordinance No. , adopted on In accordance with and as required by Section 5 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance"), Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon Wireless, hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Jim R. Creel, Jr., Director — Network Field Engineering cc: Public Works Director, City of Tukwila 25 26 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November28, 2017 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Kate Kruller, Chair, Joe Duffie, and De'Sean Quinn; Staff: Robin Tischmak, Ryan Larson, Gail Labanara, Pat Brodin, Laurel Humphrey Guests: Zak Idan, Councilmember-elect; Mark Larson, resident CALL TO ORDER: Acting Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Draft Ordinance: Verizon Franchise Agreement Staff updated the Committee on efforts to develop a franchise agreement with Verizon Wireless which would allow continued operation and maintenance of its fiber optic system in the City's right- of-way. The draft ordinance and agreement are not yet ready to present to the Committee for approval because Verizon has requested additional changes to insurance requirements that need to be approved by the City Attorney. Afinal draft will be presented to Committee in early 2018. Chair Kruller requested that staff and the Attorney look carefully into implications of small cell networks. RETURN TO COMMITTEE. B. 2017 Transportation & Infrastructure Committee Work Plan Committee members discussed status of projects and items on the 2017 Commitee Work plan. A work plan for 2018 will be developed to show carry-overs and Capital Improvement Program updates. DISCUSSION ONLY. III. M ISCELLAN EOUSValley View Sewer District Open House Staff updated the Committee on Valley View Sewer District's open house on the status of "The Loop" construction project. One City staff member and Councilmember Hougardy attended. The event was well attended by the community. National League of Cities Transportation & Infrastructure Services Chair Kruller updated the Committee on the NLC Transportation & Infrastructure Services Committee meeting she attended in November in Charlotte. Tax reform, unmanned vehicles, and funding were among the significant items discussed. She also participated in a roads and bridges forum, and has applied for reappointment to the TIS Committee in 2018. The Transportation Committee Meeting adjourned at 6:59 p.m. Committee Chair Approval Minutes by LH, reviewed by GL 27 28 Co UNCIL AGENDA SYNOPSIS Ilutul/J Meeting Date Prepared 1D Mayor' relleu/ Council reriev 02/26/18 VC ITEM INFORMATION ITEM NO. 4.B. er STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DAZE.: 2/26/18 AGICNI),\ ITI:MTIrl.lc Update on Budget Process for 2019-2020 2/26/18 ❑ Motion .1ltg Date ❑ Resolution ,lltg Date ❑ Ordinance i1ltg Date ❑ 13id .-12rau•cl Altg Dale ❑ Public Ilearing .1118 Dade ❑ Other .11tg Date C.vi'I :GOR'" Discussion IIN Date SPONSOR ❑Council ❑Mayor HR DCD ❑i aance ❑Fire ❑ IS I) Z." 1Z ❑Police ❑Pl1" ❑Court SPONSOR'S Provide an update to Council on the status of implementing Priority -Based Budgeting and SUNIMARY next steps in implementation regarding community outreach and engagement. Council consensus is being requested on the process. RI'.x'11?\\ 1 ;1) BY ❑ C.O.W. Mtg. ❑ Trans &Infrastructure DATE: 2/21/18 11 CDN Comm Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CI -LAIR: QUINN ❑ Arts Comm. Parks ❑ COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIrrF.I, Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI:NDI uRI: RI::ol_;IRI;I) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/26/18 MTG. DATE ATTACHMENTS 2/26/18 Informational Memorandum dated 2/14/18 City of Tukwila Strategic Plan Tukwila Strategic Plan & Priority -Based budgeting DRAFT Outreach and Engagement Plan Minutes from the Finance Committee meeting 2/21/18 (distributed under separate coy nn er 30 TO: CC: FROM: BY: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Finance Council Committee Mayor Ekberg Peggy McCarthy, Finance Director Vicky Carlsen, Deputy Finance Director February 14, 2018 Update on Progress in Implementing Priority -Based Budgeting and Next Steps Regarding Community Outreach and Engagement (Updated from September 6, 2017 meeting) ISSUE As part of the City's 2017 work plan, staff reviewed the current budget process and recommended enhancements to the 2019-2020 process by adopting Priority -Based Budgeting. Priority -Based Budgeting will allow the City to meet its current biennial priority of "Ensuring organizational effectiveness and responsible fiscal stewardship," while also directly aligning with the Strategic Plan goal of maintaining "A high performing and effective organization." BACKGROUND A City budget serves several functions. The central goal of the budget process is to help Council make informed decisions about what services should be funded, and how to promote stakeholder participation in the process. A good budget process: • Incorporates a long-term perspective, • Establishes links to broad organizational goals, • Focuses budget decisions on results and outcomes, • Involves and promotes effective communication with all stakeholders, and • Provides incentives to management and staff. Based on GFOA's "Best Budgeting" practices, a budget is a policy document, a communications device, a financial plan, and an operations guide. The City receives the GFOA budget award every two years for this document, representing the City's ongoing commitment to conforming to these guidelines. To keep current with these best practices, it is important for the City's budget process to evolve over time. In planning for the next biennium, staff and Council reviewed the various budgeting methods available and chose to move forward with Priority -Based Budgeting. Priority -Based Budaetina Priority -Based Budgeting helps us answer the following five questions: 1. What are we in business to do? These are the high-level and over -arching reasons the City exists in the eyes of our community. 2. What exactly do we do? This is a comprehensive listing of all programs offered by the City along with the associated costs and staff count. 3. How do we prioritize programs? Programs are scored against established attributes to determine degree of relevance. Attributes could include the following: a. Level of mandate to provide program b. Reliance on City to provide program c. Cost recovery of program 31 32 INFORMATIONAL MEMO Page 2 d. Change in demand for program e. Size of population served f. Community support for program 4. How do we know if we are successful? Performance measures can be used to determine if we are going in the right direction. 5. How do we ask better questions that lead to better decisions about what we do and why we do it? Resources can be allocated based on the prioritization of programs. The following elements of Priority -Based Budgeting can be utilized to help answer these questions: • Community Involvement - In order to determine the answer to 'what are we in business to do?, it is imperative to get community members involved in the budgeting process. Public participation can help government be more accountable and responsive and can improve the perception of the value the public receives from government. The Government Finance Officers Association (GFOA) recommends that governments incorporate public participation efforts in planning, budgeting, and performance management results processes. Although the City has consistently provided opportunities for public input through public hearings and budget workshops, there are always ways to improve accessibility. • Program Budgeting - Program budgeting answers the question 'what exactly do we do?'. Program -based budgeting is a tool where all budgetary information is organized around the City's programs and services, instead of by department and division. The result is a budget that shows costs of the program, revenues generated by the program, and how the program ties to citywide goals. Departments and divisions typically include several individual programs. Budgeting by programs increases transparency and accountability within departments by breaking down budgets into smaller, easy to understand units. Programs are also easier to manage and help hold staff accountable. Rather than incrementally increasing or decreasing the budget each cycle, program budgeting requires that the entire budget is reviewed during each budget process. When economic downturns force difficult budget decisions, it's easier to trim the budget when you know how programs stack up against the priorities of the City. Conversely, when new revenue sources are identified, policy can ensure that the additional revenue sources are applied to priorities. • Prioritizing Programs and Aligning Programs to Strategic Goals and priorities - This next step in the process helps answer the questions, 'how do we prioritize programs? and 'how do we ask better questions that lead to better decisions about what we do and why we do it?'. Once programs are identified and budgets are allocated to programs, each program is then evaluated against established attributes. These attributes can include whether the program is mandated, or how much of the population is served by the program. The higher the program scores on the rating scale for each attribute, the higher the priority to the City and the community. Once the programs are scored, then each program is linked to strategic goals and priorities to demonstrate how much the City invests in each. • Performance Measures - Measuring performance provides a quantifiable way to recognize successes and identify areas needing improvement, and allows policy makers, managers, and residents to evaluate the quality and effectiveness of government services. In other Z:\Council Agenda Items\Finance\2.21.18\Info Memo - PBB Update 02.13.2018.docx INFORMATIONAL MEMO Page 3 words, it answers the question 'how do we know if we are successful?' Performance measures quantitatively evaluate the return from resources spent on programs and services. Generating information about program results and outcomes and should be an integral part of any budget process. Performance measure data can bring rationality to planning and budget discussions by demonstrating how the use of resources over time have met strategic goals. Benefits of Priority -Based Budgeting By implementing Priority -Based Budgeting, the City can move toward a more transparent budget process with increased stakeholder participation. Priority -based budgeting provides a comprehensive review of the entire City. Resources can be reallocated to make positive change without laying off staff and without making significant changes to programs and services the City offers. Staff time is reallocated from low priority programs to high priority program staffing needs before additional staffing is considered. Center for Priority -Based Budgeting The Center for Priority -Based Budgeting is a leader in assisting organizations in implementing priority -based budgeting. The Center provides technical and advisory services and will tailor the scope of work to meet our specific needs. Due to the staff time necessary to lay the groundwork ensure a successful implementation we contract with the Center for specific services including informing the full Council on the benefits of priority -based budgeting, assisting departments in identifying programs, and improving community involvement in the budget process. Cost for services come from existing budget. Timeline Since these enhancements are long-term in nature, this transition will stretch over multiple budget cycles. The 2019-2020 Budget Process will have elements of our current budget process and Priority -Based Budgeting. We anticipate full implementation of Priority -Based Budgeting for the 2021-2022. DISCUSSION The purpose of this memo is to update Council on progress to date in implementing Priority -Based Budgeting, and the next steps in implementation, particularly regarding community outreach and engagement. Progress to Date In October the City officially partnered with the Center for Priority -Based Budgeting to assist with the implementation of Priority -Based Budgeting. The Center is under contract through the end of June, at which time, the City should have completed the following steps: • Identifying programs • Allocating 2017 and 2018 budgets to programs • Develop attributes in which to score programs • Score programs and group them in tiers Through the end of January, most departments have completed identifying programs for the general fund and capital project funds. Enterprise fund programs will be identified in the upcoming weeks. Departments have begun allocating 2017 and 2018 budgets to programs with the goal of all budgets allocated to programs by mid-March. Also, during March, attributes to score programs Z:\Council Agenda Items\Finance\2.21.18\Info Memo - PBB Update 02.13.2018.docx 33 INFORMATIONAL MEMO Page 4 will be drafted with the intent of completing the scoring step by the end of April. Scoring in April will apply to the 2017-2018 budget using the existing strategic goals. Once these steps have been completed, the backbone for priority -based budgeting will be in place, and utilized, for drafting the 2019-2020 budget. Next Steps In order to score programs against the City's strategic goals for the 2019-2020 budget, it is important to take the strategic plan back to the community to make sure it still reflects the community's priorities. In 2012, the City underwent an extensive community process to develop a strategic plan. (http://www.tukwilawa.aov/departments/mayors-office/city-publications/) The 2012 Plan identifies five goals: 1. A Community of Inviting Neighborhoods and Vibrant Business Districts 2. A Solid Foundation for All Tukwila Residents 3. A Diverse and Regionally Competitive Economy 4. A High -Performing and Effective Organization 5. A Positive Community Identity and Image The City's Community Engagement Manager, Mia Navarro, is developing an outreach plan to check back with the community and with staff on the strategic goals and objectives, and present recommended changes to Council and City leadership. The outreach plan includes the following elements (more detail can be found in the attachment to this memo). • At least one community workshop (Tentatively scheduled for 4/21/2018) • A video in multiple languages introducing Priority -Based Budgeting and outlining the strategic plan for both the community and employees • A survey in multiple languages for both the community and employees that asks: o What do you like about the plan? /What is important to you? o What would you change about the plan? /What's missing? • Internal meetings, presentations, and workshops • Presentations at existing community meetings (Road Show) • Promotion on our print and digital media outlets, and partner media outlets such as the Tukwila School District • Outreach to businesses RECOMMENDATION Staff recommend forwarding this discussion to the Committee of the Whole on February 26, 2018 to get full Council feedback and consensus on the proposed process for seeking community feedback on the strategic plan and updating the strategic plan. ATTACHMENTS City of Tukwila Strategic Plan and Priority Based Budgeting DRAFT Outreach and Engagement Plan 34 Z:1Council Agenda Items\Finance12.21.181Info Memo - PBB Update 02.13.2018.docx City of Tukwila Strategic Plan and Priority Based Budgeting DRAFT Outreach and Engagement Plan OVERVIEW The City of Tukwila is moving to a Priority Based Budgeting system, wherein we budget for programs and priorities, rather than by line items. Part of this process is to score programs against the City's priorities. In 2012, the City developed a strategic plan with a lot of community input. The City wants to make sure those goals and priorities are still accurate before scoring City programs against those goals and priorities. PURPOSE & GOALS The purpose and goals of the in-person and online activities are to: • Introduce Priority Based Budgeting o Concept o Timeline for Implementation • Review 2012 Strategic Plan • Get feedback from the community on the strategic plan: o What do you like? What's important to you? o What is missing? What would you change? AUDIENCES • All Tukwila residents, including voters and non -voters, residents familiar with the project and those who are not • Community organizations • Tukwila businesses and their employees • City of Tukwila employees and volunteers • Tukwila City Council DRAFT Page 1 of 4 35 City of Tukwila Priority Based Budgeting and Strategic Plan DRAFT Outreach and Engagement Plan ACTIVITIES MEETING TARGET AUDIENCE DATE / TIME VENUE VENUE CONTACT ACTIVITY TARGET AUDIENCE DATE /TIME VENUE VENUE CONTACT ACTIVITY TARGET AUDIENCE DATE / TIME VENUE VENUE CONTACT ACTIVITY TARGET AUDIENr-F DATE / TIME VENUE VENUE CONTACT In -Person Workshop School District, students, families, residents, and businesses Saturday, April 21, 10 am to 12 pm Foster High School or Sullivan Center. Food, child care, and translation/interpretation will be available. Online Feedback — Video and Survey and multiple languages All 24/7 March -April Online N/A Roadshow All March -April In -Person (TBD) Internal Engagement City Staff Feb/March/April Department Meetings (Intro) Mayor's Brown Bag Break Room feedback Workshop(s) (TBD) Last updated: February 13, 2018 Page 2 of 4 36 City of Tukwila Priority Based Budgeting and Strategic Plan DRAFT Outreach and Engagement Plan EVENT AND SURVEY PROMOTION Big picture: • Beginning six weeks before the in-person workshop—save-the-date notices will start about six weeks in advance of the in-person workshop. • Beginning four weeks before the in-person workshop—targeted, thorough notifications will provide reminders about the in-person and online opportunities for feedback. • Follow-up post event—This is perhaps the most critical part of this and any outreach and engagement project. We will identify report back points throughout the year after the survey and workshop to tell the community and employees, including but not limited to: o How the information will be/is being used o How/if Council and City leadership decided to change the strategic plan o Budget process timeline and hearings The workshop, survey, and follow-up messaging will be promoted via: o Postcard (mailing) o Social Media Posts (Facebook, Twitter) o City of Tukwila project website o Email o Posters/Flyers/Kid mail o Press Release o Hazelnut o E -Hazelnut o High School Youth o Community Connectors o TukTV o Tukwila Reporter o Internal o Yammer o Email o Postcard Last updated: February 13, 2018 Page 3 of 4 37 City of Tukwila Priority Based Budgeting and Strategic Plan DRAFT Outreach and Engagement Plan ROAD SHOW LIST PTA and other school groups City of Tukwila Boards and Commissions Foster High School Civics and Leadership Classes, Bulldog Academy Friends of the Hill(?) Rainbow Haven and Orchard Park Communities Refugee women's Alliance Duwamish and Southcenter Rotary Clubs Tukwila Pool TI BAC Tukwila School District Providers Network Tukwila Houses of Worship Neighborhood Groups Ethiopian Center of Seattle Community Connectors Last updated: February 13, 2018 Page 4 of 4 38 COUNCIL AGENDA SYNOPSIS 1 mdais i1'leeting Date Prepared by AIa)or'.r�ieao Council review 02/26/18 DCS UU Et4 03/05/18 DCS ❑ Ordinance Altg Dade ❑ Bid Award A fig Date ❑ Public I learii_c,, .lftg Date 011ier Altg Date GV'I'I IG()R1' ►1 Discussion ►1 Altg Date A[',g SPONSOR ❑County./ HR ❑DCD ❑i'incrnce Fire LP'S ❑Pe -1Z ❑Police 7PIF ❑Cour/ ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: DEREK SPECK ORIGIN,VI. AGI;ND.A D;A'I'II: 2/26/18 ;AGII:NI),v I'I I?NIT111,I: Potential sale of City properties 2/26/18 ,Motion Date 3/5/18 ❑ Resolution Altg Dade ❑ Ordinance Altg Dade ❑ Bid Award A fig Date ❑ Public I learii_c,, .lftg Date 011ier Altg Date GV'I'I IG()R1' ►1 Discussion ►1 Altg Date A[',g SPONSOR ❑County./ HR ❑DCD ❑i'incrnce Fire LP'S ❑Pe -1Z ❑Police 7PIF ❑Cour/ ►1Alapd SPONSOR'S The Council is being asked to consider and approve the process to sell city properties SuMM,\RY located at 3747 South 146th Street, 12026 42nd Avenue South, and Longacres Way. RI IviI:wI:D BY ❑ C.O.W. 1\.Itg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 2/21/18 ►1 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: QUINN ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/1IMiN• Cr)NINn'rrl:I, Mayors Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPI:NDI'I'URI: RI?(>UIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/26/18 MTG. DATE ATTACHMENTS 2/26/18 Informational Memorandum dated 2/14/18 Map of 3747 South 146th Street Map of 12026 42nd Avenue South Map of the Longacres Parcel Minutes from the Finance Committee meeting of 2/21/18 (distributed under separate 3/5/18 cover) -o 40 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: February 14, 2018 SUBJECT: Potential Sale of City Properties ISSUE City staff is seeking Council approval of a process to sell three parcels of land the City owns which are located at 3747 South 146th Street (former Traveler's Choice motel), 12026 42nd Avenue South (former Allentown fire station), and the Longacres Parcel (north of Longacres Way). BACKGROUND This item is coming to Council at this time for three reasons. First, as part of the City's plan to fund the new public safety facilities, the City may want to sell other City properties. Second, some of the businesses who are located on the future Justice Center site have asked to purchase City property in that neighborhood. Third, the owner of the parcel of land adjacent to the City's Longacres parcel is interested in selling and has asked the City to sell at this time since buyers may prefer to develop both parcels at the same time. DISCUSSION The purpose of this agenda item is to seek Council approval of the process to sell the three parcels of land described in this memo. Once the Council approves the process, staff would solicit proposals and negotiate deal terms. If staff and the buyers agree to deal terms, staff would return to Council for approval to execute purchase and sale agreements. 3747 South 146th Street: This parcel was formerly the Traveler's Choice motel (assessor parcel number 004000-0911). The City purchased the site in 2014 to reduce crime and completed demolition of the motel in 2016. In 2017 the City began using the site as a laydown yard for the South 144th Street project which will be completed soon. The City does not currently have a long-term vision for the site. At some point in the future, the City could use it as an incentive to encourage the privately owned adjacent parcels to redevelop in coordination with the City's values and vision for Tukwila International Boulevard. Some of the business owners located on the future Justice Center site have expressed interest in purchasing the property. The site is currently zoned Neighborhood Community Commercial (NCC) and is over 26,000 square feet, cleared, level, and served by utilities at the street. Staff estimates the property would sell for between $500,000 and $700,000. 41 INFORMATIONAL MEMO Page 2 Staff recommends the selection criteria be based on price. The City could include additional criteria such as how well the buyer's intended use fits the City's vision for Tukwila International Boulevard, whether the property would be developed in conjunction with the adjacent parcel on Tukwila International Boulevard, whether the buyer's intended use would support small businesses or dislocated businesses, or buyer/developer experience. 12026 42nd Avenue South: This parcel was formerly used as a fire station in Allentown (assessor parcel number 334740- 0300). The City acquired the site in 1989 from the King County Fire Protection District #1 through annexation and has used it for storage for most of the time since acquisition. The City does not currently have a long-term vision for the site. Occasionally over the past few years, the City has been approached by persons interested in converting the property to residential use. The site is currently zoned Low Density Residential (LDR) and is over 21,000 square feet, level, and served by utilities. The buildings are in need of considerable maintenance. Staff estimates the property would sell for between $200,000 and $300,000. Staff recommends the selection criteria be based on price. Longacres Parcel: This parcel is a 100 feet wide strip of vacant land (assessor parcel number 242304-9034). The City acquired a portion of the site in 1998 to construct a convention center. The City acquired the reminder of the site through land exchanges to support the relocation of the Union Pacific railroad tracks in order to facilitate quality development around the commuter rail station. The City is currently using the site to store public works materials and does not currently have a long-term vision for the site. A key reason to sell the property at this time is the owners of the adjacent parcel (assessor parcel number 242304-9137) have received strong interest from potential buyers and would like to sell their parcel. Given the size, shapes, and locations of the two parcels, Staff believes it is in the City's interest if both parcels are developed together. The site is currently zoned Low Density Residential (LDR) and is over 138,000 square feet (3.18 acres), vacant, level, and served by utilities at the street. Given its location adjacent to 1-405, the commuter rail station, and the Southcenter District, the site is in a desirable location. However, the desirability is limited by the adjacent railroad tracks due to noise and vibration. Over the past few years, Staff has been approached by potential buyers and believes that market demand is strong at this time. Staff estimates the property would sell for between $2,000,000 and $3,000,000. Staff recommends the primary selection criteria be based on price with additional consideration for how well the buyer's intended use fits the City's vision for the Southcenter District and its ability to generate additional tax revenue for the City relative to the cost of providing service. A key condition of the sale would be the buyer's ability to execute a purchase and sale agreement with the adjacent property owner. Another key condition would be that any multi -family residential development would require at least 50% of the units be sold or rented at market rates. 42 INFORMATIONAL MEMO Page 3 In terms of the selection process, staff would market the properties by publishing a Request for Proposals in key regional publications, notifying local brokers, and other interested parties. Staff would evaluate proposals and return to Council seeking authorization to execute purchase and sale agreements. The marketing and selection process could be completed within a few months and purchase and sale agreements executed this summer. Depending on the buyer's need for due diligence and financing, escrow could close later this year. FINANCIAL IMPACT This item would have no financial or budget impact at this time. If the City sells the property, it would receive revenue. RECOMMENDATION The Council is being asked to pass a motion approving the developer selection process as outlined in this memo and consider this item at the February 26, 2018 Committee of the Whole meeting and subsequent March 5, 2018 Regular Meeting. ATTACHMENTS Map of 3747 South 146th Street Map of 12026 42nd Avenue South Map of the Longacres Parcel 43 44 Attachment 1 3747 South 146th Street 44',1 410.1.44.. 4 14.4 '2 r - 4 4 .1442 4444 ill/1%P° ,4410 1 44v 1: 44;4 SI 11014 2 1-112018. 10:53:3 AM • Addresses (Tukwila) 11 Parcels 1:2257 7s:I75 45 46 Attachment 2 12026 42nd Avenue South 7 7 : ee?" 1 1 11 1',2 201'; .7/11 4641car• - • r City owned parcel ort 2114,12018. 10:49:02 AM .A.dcir,?5ses (Tukv,:ila) Parc:es 1:2.257 0 cip 175 0.125 007 n, o 0 02 004 011:13 rn 47 48 Attachment 3 Longacres Parcel 2/1312018, 3:19:57 PM 1:9.028 0075 IS • - . 0 0.575 a I 5 '3.3 kin 49 50 COUNCIL AGENDA SYNOPSIS 1 ni/ialf r1'leetieig Date Prepared by ,Alayore reviews Council review 02/26/18 LH � k ❑ Motion Altg Date ❑ Resolution Altg Date ❑ Biel _11.2vard A1tg Date ❑ Public Hearing A1tg Date ❑ Other Altg Dale C:A'I'I :G()Rv .1 Discussion .1 Ordinance .111g Date Altq Date 2/26/18 ❑i\ lar)or ❑ I [R ❑ DCC ❑ Finance ❑ P&R ❑ Police [Ply ❑ Court SPON S( )R ►1 Council ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL A(3I:NI).A DAM: 2/26/18 <\(;I:N1).\ I'rl.\lTull,: Ordinance relating to Federal Immigration Law 2/26/18 ❑ Motion Altg Date ❑ Resolution Altg Date ❑ Biel _11.2vard A1tg Date ❑ Public Hearing A1tg Date ❑ Other Altg Dale C:A'I'I :G()Rv .1 Discussion .1 Ordinance .111g Date Altq Date 2/26/18 ❑i\ lar)or ❑ I [R ❑ DCC ❑ Finance ❑ P&R ❑ Police [Ply ❑ Court SPON S( )R ►1 Council ❑ 17 ire 11 Ts SPONSOR'S The City Council requested the preparation of a draft ordinance that would clarify the City's SuniM.\RY role with regard to enforcing federal immigration law. This draft is presented for discussion and direction on next steps. RIA'II:.Aw'I:u BY ❑ C.O.W. 1\Itg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/AI)NIIN. C) IyIII IIT: COST IMPACT / FUND SOURCE F.\PI:NI)1'I'URK RIQUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/26/18 MTG. DATE ATTACHMENTS 2/26/18 Informational Memo dated February 20, 2018 Draft Ordinance c� 52 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Council President Verna Seal DATE: February 20, 2018 SUBJECT: Ordinance relating to Federal Immigration Law ISSUE Proposed Ordinance establishing Tukwila Municipal Code Chapter 2.98, Compliance with Federal Immigration Law DISCUSSION In response to public testimony provided at the February 12, 2018 City Council Regular Meeting and the February 15, 2018 Community Listening Session, the City Council desires to discuss and consider an ordinance that would clarify the City's role with respect to federal immigration laws. The proposed draft ordinance would establish a new Chapter 2.98, Compliance with Federal Immigration Law and is presented for Council discussion. ATTACHMENT Draft Ordinance 53 54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS RELATING TO COMPLIANCE WITH FEDERAL IMMIGRATION LAWS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.98; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, immigrants and refugees seeking asylum are deeply rooted in the Tukwila community and contribute to the vibrancy of our family, cultural and economic landscape; and WHEREAS, the City Council has affirmed its commitment to being an inclusive community for all through the adoption of Resolution No. 1614 in 2006 and Resolution No. 1900 in 2016; and WHEREAS, trust between residents and city government is critical to fulfilling the mission and duties of the City of Tukwila; and trust between immigrant and refugee communities and local law enforcement is critical to promoting public safety for our entire City; and WHEREAS, it is imperative to public safety in the City of Tukwila for immigrants and refugees to be able to report crimes of which they are victims, or have witnessed, without fear of arrest and deportation; and WHEREAS, the City of Tukwila Police Department has been diligently working for many years to strengthen communication and trust between law enforcement and immigrant and refugee communities; and WHEREAS, the City of Tukwila has limited resources, immigration law is complex, and enforcing federal immigration law is the exclusive authority of the federal government; and WHEREAS, the City of Tukwila commits its rights under the Tenth Amendment to the United States Constitution to refrain from performing the duties of the Department of Homeland Security for purposes of enforcing the Immigration and Nationality Act; and W: Word Processing\Ordinances\Compliance with federal immigration laws 2-20-18.doc LH:bjs Page 1 of 3 55 56 WHEREAS, the City Council has received compelling public testimony from residents, citizens, constituents, and immigrant and refugee advocates in strong support of strengthening City regulations to further protect vulnerable individuals and families; and WHEREAS, the City Council desires to foster trust and cooperation between all City personnel and all members of the community to strengthen public health and safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter 2.98, "Compliance with Federal Immigration Laws," is hereby established to read as follows: CHAPTER 2.98 COMPLIANCE WITH FEDERAL IMMIGRATION LAWS Sections: 2.98.010 Immigration Inquiries Prohibited 2.98.020 Enforcement of Federal Immigration Law 2.98.030 Applicability Section 2. Regulations Established. TMC Section 2.98.010, "Immigration Inquiries Prohibited," is hereby established to read as follows: 2.98.010 Immigration Inquiries Prohibited Unless otherwise required by law or court order, no officer, agent, or employee of the City of Tukwila shall inquire into the immigration or citizenship status of any person or engage in activities designed to ascertain the immigration status of any person. Section 3. Regulations Established. TMC Section 2.98.020, "Enforcement of Federal Immigration Law," is hereby established to read as follows: 2.98.020 Enforcement of Federal Immigration Law A. Unless otherwise required by law or court order, no officer of the City of Tukwila shall stop, search, arrest, detain, or continue to detain a person based on any administrative or civil immigration detainer request unless accompanied by a valid criminal warrant issued by a judge or magistrate. B. The Tukwila Police Department shall not stop, search, investigate, arrest, or detain an individual based solely on immigration or citizenship status. C. Unless Immigration and Customs Enforcement (ICE) agents have a criminal warrant or City officials have a legitimate law enforcement purpose that is not solely related to the enforcement of civil immigration laws, the City shall not give ICE agents access to individuals in the City's custody. D. The Tukwila Police Department shall maintain policies and training procedures consistent with this chapter. W: Word Processing\Ordinances\Compliance with federal immigration laws 2-20-18.doc LH:bjs Page 2 of 3 Section 4. Regulations Established. TMC Section 2.98.030, "Applicability," is hereby established to read as follows: 2.98.030 Applicability A. This chapter is intended to be consistent with federal laws regarding communications between local jurisdictions and federal immigration authorities, including but not limited to United States Code Title 8, Section 1373. B. Nothing in this chapter shall be construed to prohibit any Tukwila City officer or employee from cooperating with federal immigration authorities as required by law. C. Nothing in this chapter is intended to create or form the basis for liability on the part of the City, or its officers, employees or agents. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W. Word Processing\Ordinances\Compliance with federal immigration laws 2-20-18.doc LH:bjs Page 3 of 3 57 58 COUNCIL AGENDA SYNOPSIS iVIeeling Dale Prepared in ,1layer:r revie ) Council review 02/26/18 LH V ,"I ❑ Bid_,llvard A1tg Date ❑ Public Rearing Alio,,,, Dale ❑ Other Mtg Date C1'1'1SGORY i4 Discussion Meg Dale SPONSOR 11 Council ❑Mayor ❑IIR ❑DCO Finance Fire ❑TS P&R ❑Police ❑Ply' Court Si) oNsc)R's Representatives Pellicciotti and Orwall have proposed a budget proviso appropriation of SLMM.\RY $400,000 in state matching funds for the Department of Commerce to contract with a consultant to conduct an analysis of current and ongoing community and economic impacts of the Sea -Tac International Airport to be delivered to the legislature by December 1, 2019. RIO II:WI II) 10' ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. n Planning Comm. DATE: COMMIIY1'I:F CHAIR: RECOMMENDATIONS: SPON5 )R/A1MIN. COI\INI1'1"I 1:I : COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 4.E. STAFF SPONSOR: LAUREL HUMPHREY IORIGIN:AI. ACl Nll:A D.A'Iii: 2/26/18 Ao1:NI).\ Ii I: i l'rrl.li 2019 Budget Proviso for Airport Impact Study 2/26/18 ❑ Motion AugeDate ❑ Resolution ,ALtg Date ❑ Ordinance 1Meg Date ❑ Bid_,llvard A1tg Date ❑ Public Rearing Alio,,,, Dale ❑ Other Mtg Date C1'1'1SGORY i4 Discussion Meg Dale SPONSOR 11 Council ❑Mayor ❑IIR ❑DCO Finance Fire ❑TS P&R ❑Police ❑Ply' Court Si) oNsc)R's Representatives Pellicciotti and Orwall have proposed a budget proviso appropriation of SLMM.\RY $400,000 in state matching funds for the Department of Commerce to contract with a consultant to conduct an analysis of current and ongoing community and economic impacts of the Sea -Tac International Airport to be delivered to the legislature by December 1, 2019. RIO II:WI II) 10' ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. n Planning Comm. DATE: COMMIIY1'I:F CHAIR: RECOMMENDATIONS: SPON5 )R/A1MIN. COI\INI1'1"I 1:I : COST IMPACT / FUND SOURCE F,API:No1'1'URI•: RIA.J[IRI:ID AMOUNT BUDGETED APPROPRIATION REQUIRED $TBD $0 $ Fund Source: TBD Comments: The appropriation would require a local match of $400,000 from the airport communities MTG. DATE RECORD OF COUNCIL ACTION 2/26/18 MTG. DATE ATTACHMENTS 2/26/18 Informational Memo dated February 20, 2018 Budget Proviso from Proposed Substitute House Bill 2299 City of Des Moines Letter of Support G r1 60 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: February 20, 2018 SUBJECT: 2019 Budget Proviso for Airport Impact Study ISSUE Should the City take a position on a budget proviso to fund an airport impact study in fiscal year 2019? BACKGROUND Representatives Pellicciotti and Orwall have proposed a budget proviso appropriation of $400,000 for the Department of Commerce to contract with a consultant to conduct an analysis of current and ongoing community and economic impacts of the Sea -Tac International Airport to be delivered to the legislature by December 1, 2019. The $400,000 would be a state match and may not be spent unless $400,000 of local matching funds is transferred to the department. The City Council has been petitioned, along with other South Sound Airport Communities, to support the budget proviso. DISCUSSION Staff recommends taking no position as the appropriation will not be spent unless $400k is contributed from local communities. At this time we are not aware of commitment from the other agencies, and the City of Tukwila does not currently have funds budgeted for this study. ATTACHMENTS • Budget Proviso from Proposed Substitute House Bill 2299 • City of Des Moines Letter of Support 61 62 1 (iii) Representatives from nonprofit organizations promoting 2 economic security and educational opoortunity: and 3 (iv) Individuals from business and industry. 4 (50) $240,000 of the general fund—state appropriation for fiscal 5 year 2019 is provided solely for the implementation of Substitute 6 House Bill No. 2367 (child care collaboration task force). If the 7 bill is not enacted by June 30, 2018, the amount provided in this 8 subsection shall lapse. 9 (51) $174,000 of the general fund—state appropriation for fiscal 10 year 2019 is provided solely for the implementation of Third 11 Substitute House Bill No. 2382 (surplus public property). If the bill 12 is not enacted by June 30, 2018, the amount provided in 13 subsection shall lapse. 14 (52) $114,000 of the aeneral fund—state appropriation for fiscal 15 year 2019 is provided solely for the implementation of Engrossed 16 Second Substitute House Bill No. 2396 (child care). If the bill is 17 not enacted by June 30, 2018, the amount provided in'this subsection 18 shall lapse. 19 (53) $31,000 of the general fund—state appropriation for fiscal 20 year 2019 is provided solely for the implementation of Substitute 21 House Bill No. 2667 (essential needs/ABD programs). If the bill is 22 not enacted by June 30, 2018, the amount provided in this subsection 23 shall lapse. 24 (54) (a) $400,000 of the general fund—state appropriation for 25 fiscal year 2019 and $400,000 of the general fund—local appropriation 26 are provided solely for the department to contract with a consultant 27 to study the current and ongoing impacts of the SeaTac international 28 airport. The aeneral fund—state funding provided in this subsection 29 serves as a state match and may not be spent unless $400,000 of local 30 matching funds is transferred to the department. The department must 31 seek feedback on project scoping and consultant selection from the 32 cities listed in (b) of this subsection. 33 (b) The study must include, but not be limited to: 34 (i) The impacts that the current and ongoing airport operations 35 have on quality of life associated with air traffic noise, public 36 health, traffic, congestion, and parking in residential areas, 37 pedestrian access to and around the airport, public safety and crime 38 within the cities, effects on residential and nonresidential property 39 values, and economic development opportunities, in the cities of this Code Rev/KS:lel 41 H-4871.2/18 2nd draft 63 1 SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and 2 other impacted neiahborhoods; and 3 (ii) Options and recommendations for mitiaatina any negative 4 impacts identified through the analysis. 5 (c) The department must collect data and relevant information 6 from various sources including the port of Seattle, listed cities and 7 communities, and other studies. 8 (d) The study must be delivered to the legislature by December 1, 9 2019. 10 (55) $1,276,000 of the general fund—state appropriation for 11 fiscal year 2019 is provided solely for the implementation of chapter 12 16, Laws of 2017, 3rd sp.s. (E2SSB 5254). 13 (56) (a) $100,000 of the 'jailor revolving account—state 14 appropriation is provided solely for the department of commerce to 15 conduct a study that analyzes local governments' revenue capacity in 16 relation to its constitutional and statutory obligations. At a 17 minimum, the study must include: 18 (i) A comparison of county expenditures for services provided as 19 agents of the state compared to the state and local revenue capacity 20 for state services; 21 (ii) An analysis of where funding gaps are most pronounced, such 22 as by issue area and specific areas of the state; 23 24 and 25 (iv) Baseline data and a methodology that can be replicated in 26 future studies and analysis. 27 (b) An interim report focusina on the results of the study must 28 be presented to the governor and appropriate committees of the 29 legislature by or before December. 31, 2018. The final report must be 30 presented to the aovernor and appropriate committees of the 31 legislature by or before June 30, 2019. 32 (57) (a) $125,000 of the general fund—state appropriation for 33 fiscal year 2019 is provided sole]_ for the department. 34 •rovide a •rant to a nonprofit or 35 transitioning from incarceration to family reunification. The grant 36 recipient must have experience contracting with: 37 (i) The department of corrections 38 projects; and (iii) How the situation has chanced over the last thirty years; anization to of commerce to assist fathers to support offender betterment. Code Rev/KS:lel 42 H-4871.2/18 2nd draft 64 Yr)/ + P 1ll��f�fill,'tl ADMINISTRATION 21630 11TH AVENUE SOUTH, SUITE A DES MOINES, WASH{NOTON 987086368 (266) 878-4595 T.D.O.. (206) 824-6024 FAX; (246) 8708540 February 14, 2018 Representative Timm Ormsby Chair, House Appropriations Committee 315 John L. O'Brien Building Olympia, Washington 98504 Dear Chair Ormsby, The City of Des Moines wishes to express our support for a budget proviso appropriation of $500,000 for fiscal year 2019 as a state match for the Department of Commerce to select a consultant to conduct an analysis of current and ongoing community and economic impacts of Sea -Tac International Airport aircraft operations. The City of Des Moines is one of several cities adjacent to the airport that received disproportionate negative impacts from airport operations. This proviso is a high priority for our cities. As Sea -Tac moves forward with significant planned expansion, it is critical to assess impacts on our cities resulting from that growth. This State effort will help document the issues of noise and volume of air traffic, as well as other community health impacts. Sea -Tac is the 9th busiest airport in the United States and is the 6th fastest growing airport in the world. Yet Sea -Tac faces spatial constraints to growth resulting in more intense direct impacts to those cities in proximity to the airport. We recognize the economic value to our region of airport operations, at the same time we face disproportionate negative impacts — of noise and air quality. • The goal of this study is to establish a point -in -time baseline of the Airport's positive and negative impacts to our communities and to help communicate those impacts to our residents and other interested parties. • It will also help provide objective measurements for all of our communities as we address continued growth at Sea -Tac Airport. Having a valid baseline will allow all parties a greater degree of accountability in future discussions. 7%e Vatorietwe eq 65 Representative Timm Ormsby February 14, 2018 Page Two • The study is not tied to the Sustainable Airport Master Plan (SAMP) or its immediate environmental documents, but will be very important when the project specific analyses are undertaken with future Airport projects (always need a baseline to measure change). • Having the State conduct this study (as they did in 1997) will provide a neutral and balanced approach and assure greater confidence in the final product and its future use by all parties. Sincerely, / r� Y j . • Matt Pina Mayor, City of Des Moines cc: Des Moines City Council Representative Mike Pellicciotti, 30th Legislative District Representative Tina L. Orwall, M.S.W. 33rd Legislative District Representative Mia Gregerson, 33rd Legislative District Senator Karen Keiser, 33rd Legislative District Conner Edwards, City of Des Moines Legislative Advocate City of Des Moines Aviation Advisory Committee Michael Matthias, City Manager, City of Des Moines Susan Cezar, Community Development Director and SEPA Official Mr. Ken Rogers Joseph Scorcio, City Manager, City of SeaTac 7lte Vezterieuid e:tcy 66 Upcoming Meetings & Events February/March 2018 26th (Monday) 27th (Tuesday) 28th (Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday) ➢ Transportation & Infrastructure Cmte., 5:30 PM (Foster Conference Room) > City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 2018 NPDES Stormwater Management Program Workshop 1:00 - 2:00 PM Contact Greg Villanueva for questions: 206-431-2442 (Duwamish Conference Room, 6300 Southcenter Blvd, Second Fl.) ➢ Community Development & Neighborhoods Cmte., 5:30 PM (Ha:elnut Conference Room) ➢ Public -Safety Plan Siting dvico:y-Gtte, Cancelled > Equity & Social Justice Commission, 4:00 - 7:00 PM NOTE TIME CHANGE FOR THIS MEETING (Ha:elnut Conference Room) 5th (Monday) 6th (Tuesday) 7th (Wednesday) 8th (Thursday) 9th (Friday) 10th (Saturday) > Civil Service Commission, 5:00 PM (Human Resources Conference Room) > Public Safety 5:30 PM (Ha=elnut Conference Room) > City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Finance Cmte, 5:30 PM (Ha:elnut Conference Room ➢ Library Advisory Board, 5:30 PM NEW TIME (Community Center) > Planning Commission, Public Hearing 6:30 PM (Council Chambers) > 6 30 PM , COPCACmte, 6:30 PM (Duwamish Conference f Room) SnackPack Program's Zed Annual Auction Dinner - Live Auction Something incredible is happening in Tukwila! Hungry kids are being fed and you can be part! Meet the folks who have been working behind the scenes to provide crucial service to our City's children. 6:00 PM - Silent Auction 7:15 PM. Dinner (Community Center) stillwatersfamily servicesktgmail.com Ticket sales end March 2"dl January 9 thru April 19: Free income Tuesday/Thursday: tax preparation assistance available at 5:00 - 8:00 PM, Saturday: 10:00 AM Visit www.uwkc.org/taxhelp or call 2-1-1. Tukwila Community Center - 2:00 PM > Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. > Civil Service Commission: 1st Mon., 5:00 PM, Human Resources Conf. Room. Contact Erika Eddins at 206-433-1816. >Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) A resolution for Foster Golf Links bridge naming. (B) A resolution and ordinance updating Foster Golf Links green fees. (C) Ordinances (2) updating Zoning Code definitions and regulations related to trees. (D) Foster High School reader board sign. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197 ➢Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. ➢ Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Kirstin May at 206-767-2331. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. >Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. >Tukwila Intl. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. >Transportation and Infrastructure Committee: 2nd & 4th Mon., 5:30 PM, Foster Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) 2016 Andover Park East Sewer Repair Project - Project Completion. CBD Sanitary Sewer Rehabilitation - Bid Award. (C) Duwamish Gardens Habitat Restoration Project - Project Completion and Acceptance. (D) Public Works Sewer and Surface Water Capital Purchase - GraniteNet Asset Inspection and Decision Software. (E) Cascade View Safe Routes to School Phase II - Project Completion and Acceptance. (F) 53'd Ave S - Bid Award. (G) 53'd Ave S - Supplemental Agreement No. 4 for CM Services. (H) Tukwila 205 Levee Certification. (I) Tukwila Urban Center Pedestrian/Bicycle Bridge Project Supplemental Agreement No. 4 with Altana. (J) Veri-on Wireless Franchise Agreement draft ordinance. 67 Tentative Agenda Schedule MONTH MEETING 1 - REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. February 5 12 20 (Tuesday) 26 See agenda packet cover sheet for this week's agenda: February 26, 2018 Committee of the Whole Meeting. March 5 Appointments: 12 Meeting is cancelled. 19 Proclamation: 26 Confirm the Appointments of Trina Cook, Joon Thomas Lee and Brandon Miles to the SeaTac Airport Stakeholder Advisory Round Table (StART). Public Hearing: A proclamation welcoming the Seattle Seawolves Rugby Football Club to Tukwila. A Quasi -Judicial hearing on the Highline Water District Pump Station #8 Project for Unclassified Use Permit L17-0065 and Design Review under file No. L17- 0066 for a new water pump station in the Highline Water Dist. Unfinished Business: -Approve Unclassified Use Permit L17-0065 and Design Review under File No. L17- 0066 for a new water pump station in the Highline Water District, commonly known as the Highline Water District Pump Station #8 project. -Approval of the process to sell properties at 3747 S 146th St., 12026 42nd Ave S., and Longacres Way. -An ordinance establishing regulations relating to compliance with Federal Immigration Laws, to be codified at TMC 2.98. 68