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HomeMy WebLinkAboutCOW 2021-08-09 COMPLETE AGENDA PACKETTukwila City Council Agenda COMMITTEE OF THE WHOLE Allan Ekberg, Mayor Councilmembers: ❖ Verna Seal ❖ Kathy Hougardy David Cline, City Administrator ❖ De'Sean Quinn ❖ Thomas McLeod Kate Kruller, Council President ❖ Zak Idan ❖ Cynthia Delostrinos Johnson THE MEETING WILL 20-28 ADOPTED ANY PUBLIC AGENCY, RCW 42.30 UNLESS NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR'S PROCLAMATION 2020 WHICH SAYS IN PART: TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO MARCH 24, SUBJECT (A) THE MEETING IS NOT CONDUCTED IN-PERSON AND INSTEAD PROVIDES AN OPTIONS) FOR THE PUBLIC TO ATTEND THE THE PHONE For Technical Monday, August 9, 2021; 7:00 PROCEEDINGS THROUGH, AT MINIMUM, TELEPHONIC ACCESS, ..." NUMBER FOR THE PUBLIC TO LISTEN TO THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Support during the meeting call; 1-206-433-7155 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda * 2021 update * Those wishing to provide public comments now have opportunity to verbally address the City Council via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To take advantage of this option, please email citycouncil@tukwilawa.gov the with your the the name and the topic you wish to speak on by 5:00 PM on the date of the meeting. Please clearly indicate that your message is for public comment during meeting. You will receive further instructions and be called upon during meeting to address the City Council. 4. PRESENTATION A briefing on the Puget Sound nutrient permit process. Kamuron Gurol, Division Director, and Rebecca Singer, Resource Recovery Section Manager and Nutrients Lead, King County Wastewater Treatment Division 5. PUBLIC HEARING Impact fee exemptions for Early Learning Facilities. Fire Impact Fees exemption: An ordinance amending Ordinance No. 2571 §6, as codified at Tukwila Municipal Code (TMC) Section 16.26.030, and Ordinance No. 2571 §15, as codified at TMC Section 16.26.120, to add an exemption to fire impact fees for early learning facilities. Parks Impact Fees exemption: An ordinance amending Ordinance No. 2572 §6, as codified at Tukwila Municipal Code (TMC) Section 16.28.030, and Ordinance No. 2572 §15, as codified at TMC Section 16.28.120, to add an exemption to parks impact fees for early learning facilities. (continued...) Pg.1 Pg.17 Pg.23 COMMITTEE OF THE WHOLE MEETING August 9, 2021 Page 2 5. PUBLIC HEARING (cont.) Impact fee exemptions for Early Learning Facilities (continued) Transportation Impact Fees exemption: An ordinance amending Ordinance Nos. 2521 §1, 2305 §1, and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, and Ordinance Nos. 2622 §4 and 2521 §2, as codified at TMC Section 9.48.125, to add an exemption to transportation impact fees for early learning facilities. To provide public hearing comments, please email citycouncil@tukwilawa.gov, provide your first and last name, and pg,29 reference the public hearing topic in the subject line, by 5:00 PM on August 9, 2021. Once you have signed up by email, your name will be called upon during the meeting to speak for up to five minutes. Call 1-253-292-9750, ACCESS CODE: 670077847# to participate or click here to Join Microsoft Teams Meeting at 7:00 PM on August 9, 2021. 6. SPECIAL ISSUES a. Impact fee exemptions for Early Learning Facilities. (1) Fire Impact Fees exemption: An ordinance amending Ordinance No. 2571 §6, as codified at Tukwila Municipal Code (TMC) Section 16.26.030, and Ordinance No. 2571 §15, as codified at TMC Section 16.26.120, to add an exemption to fire impact fees for early learning facilities. (2) Parks Impact Fees exemption: An ordinance amending Ordinance No. 2572 §6, as codified at Tukwila Municipal Code (TMC) Section 16.28.030, and Ordinance No. 2572 §15, as codified at TMC Section 16.28.120, to add an exemption to parks impact fees for early learning facilities. (3) Transportation Impact Fees exemption: An ordinance amending Ordinance Nos. 2521 §1, 2305 §1, and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, and Ordinance Nos. 2622 §4 and 2521 §2, as codified at TMC Section 9.48.125, to add an exemption to transportation impact fees for early learning facilities. b. Weekly COVID-19 report. c. Police Department Community Engagement Plan. Pg.1 Pg.17 Pg.23 Pg.29 Pg.35 Pg.43 7. REPORTS a. Mayor b. City Council c. Staff 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. 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. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 7/26/21 BJM ❑ Motion Mtg Date ❑ Resolution Mtg Date 8/9/21 BJM ❑ Public Hearing Mtg Date 8/9/21 ❑ Other Mtg Date 8/16/21 BJM SPONSOR ❑ Council ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIG 11 Mayor SPONSOR'S The State legislature recently enacted SHB 1331 which seeks to increase the number of SUMMARY early learning facilities by authorizing local governments to exempt such facilities from development impact fees and thus reducing the cost to develop such facilities. The City would need to adopt amendments to three ordinances to allow the impact fee exemptions to occur. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 7/12/21 /1 Finance ITEM INFORMATION ITEM No. 5 & 6.A. 1 STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 7/26/21 AGENDA ITEM TITLE Impact Fees for Early Learning Facilities (Substitute House Bill 1331) CATEGORY 11 Discussion 7/26/21 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date 8/9/21 ❑ Other Mtg Date Mtg Date Mtg Date 8/16/21 SPONSOR ❑ Council ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIG 11 Mayor SPONSOR'S The State legislature recently enacted SHB 1331 which seeks to increase the number of SUMMARY early learning facilities by authorizing local governments to exempt such facilities from development impact fees and thus reducing the cost to develop such facilities. The City would need to adopt amendments to three ordinances to allow the impact fee exemptions to occur. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 7/12/21 /1 Finance & Governance ❑ Planning & Community Dev. ❑ Planning Comm. CHAIR: IDAN ❑ Parks Comm. COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office, Office of Economic Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 7/26/21 MTG. DATE ATTACHMENTS 7/26/21 Informational Memorandum, dated July 6 Substitute House Bill 1331 Info Memo, dated July 19 (Response to Question & Comments at Finance Committee) Minutes from the 7/12 Finance & Governance Committee meeting 8/9/21 Informational Memorandum, dated July 6 with attachments Draft Ordinances 8/16/21 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: July 6, 2021 SUBJECT: Impact Fees for Early Learning Facilities (Substitute House Bill 1331) ISSUE Should the City reduce the impact fees required to be paid for "Early Learning Facilities" as permitted by Substitute House Bill (SHB) 1331? BACKGROUND The State legislature recently enacted SHB 1331 which seeks to increase the number of early learning facilities by authorizing local governments to exempt such facilities from development impact fees and thus reducing the cost to develop such facilities. Impact Fees and Early Learning Facilities The City of Tukwila collects Transportation, Parks, and Fire' impact fee from certain eligible development projects within the city. Development impact fees are envisioned as a way that "growth pays for growth." As a city grows and more people and businesses choose to call it home, more city facilities and capital are needed to support this growth. More fire engines are needed, more parks, and road improvements need to be made. Through impact fees, new development pays for its proportional share of these new facilities and capital. A new development can include new construction on vacant land or can also be a change of use in an existing building. The impact fees are required to be collected at the time of issuance of the building permit for the new development. If a city imposes impact fees, current state law only allows an exemption for low-income housing and other development activities with broad public purposes. In most cases, if a project is exempt from impact fees the City is required to make up the difference with public funds other than impact fees, such as the City's General Fund. The impact fees for Park and Fire are determined by classifying a use into one of several use categories and then applying a multiplier to the total square footage or number of units. Traffic impact fees are calculated based on the number of PM Peak' trips for the use as cited in the Institute for Traffic Engineers (ITE) manual multiplied by a cost per trip. The city uses nearly four dozen use categories for traffic impact fees. The impact fees for a particular development may be reduced by the City based on analysis of studies and other evidence provided by the developer for that particular development showing lower demands on the City's parks, fire, and transportation infrastructure. The traffic impact fees charged for an early learning facility (ELF) can be considerable relative to the physical size of the business. This is due to the fact that, based on the ITE manual, an ELF While permitted by State law, the City does not collect School Impact fees. 2 The PM Peak is defined as the period between 4:00 P.M. and 6:00 P.M. {EFM2440665.DOC;1/13175.000001/ } 3 4 INFORMATIONAL MEMO Page 2 has a considerable number of PM peak trips. This is consistent with the overall function of ELFs in that parents are typically picking up children between the hours of 4:00 P.M to 6:00 P.M., the PM Peak. As an example, the following outlines the impact fees that would be due for a new 2,000 square foot development within the Tukwila International Boulevard neighborhood: Proposed Use of Building Fire Impact Fee Parks Impact Fee Traffic Impact Fees (Zone 3) Total Early Learning Facility $4,010 $2,616 $123,500 $130,126 Office $1,568 $2,358 $65,7603 $69,686 Retail $4,010 $2,616 $31,2404 $37,866 As indicated above, ELFs would pay a considerable amount of traffic impact fees compared to office and retail using the same size space. However, the developer could submit studies to the City that provide evidence estimating fewer trips than reflected in the ITE manual and request a reduction of the traffic impact fee. Substitute House Bill (SHB) 1331 During the 2021 session the Washington State Legislature adopted SHB 1331 to provide relief to ELFs with regards to impact fees charged by municipalities. The provisions of the bill will go into effect on July 25, 2021. SHB 1331 provides new requirements on the application of impact fees on ELFs that the City must follow. Staff believes the City already complies with the new requirements. In addition, the Bill provides certain tools that the City can choose to allow to reduce or eliminate impact fees for ELFs. The Bill allows municipalities to exempt a portion, or even all, of the required impact fees for ELFs. There are three options made available by SHB 1331: (1) The City could choose to exempt up to 80% of the required impact fees for an ELF. If the exemption is no more than 80% there is no requirement for the City to make up the exempt impact fee with General Fund dollars. (2) The City could exempt more than 80% of the impact fee provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. (3) The City could exempt over 80% of the impact fee without having to pay any amount from other public funds, provided the property owner receiving the exemption records a convent that requires the following: • That at least 25 percent of the children and families using the early learning facility qualify for state subsidized childcare, including early childhood education and assistance under chapter 43.216 RCW; and • Provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time 3 The rate for administrative offices up to 9,999 square fee is being used. 4 The "miscellaneous retail" rate is being used. {EFM2440665.DOC;1/13175.000001/ } INFORMATIONAL MEMO Page 3 of conversion; and • Provides that if at no point during a calendar year does the early learning facility achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay 20 percent of the impact fee that would have been imposed on the development had there not been an exemption within 90 days of the local government notifying the property owner of the breach, and any balance remaining thereafter shall be a lien on the property. If the City wants to exempt impact fees for ELFs it would have to amend the ordinances that govern traffic, parks, and fire impact fees. DISCUSSION In passing this law, the State's expressed intent is to expand the number of early learning facilities. Other organizations have expressed the importance of early learning facilities. For example, as part of its May 2021 report "Partners for Prosperity: An Economic Recovery Framework for Recovery", Greater Seattle Partners noted that the lack of affordable childcare in low-income communities in King County impacts the abilities of community members to access high paying jobs or to start and run their own businesses. These impacts disproportionally impact women, specifically women of color, hindering their ability to generate generational wealth. In addition to supporting community members who need childcare, ELFs also benefit surrounding businesses, by providing childcare to their employees thus helping the businesses to attract and retain employees. Reducing the impact fees paid by ELFs would make it less expensive for facilities to begin operating in the City of Tukwila. Based upon the options outlined in SHB 1331, the City has the following options: 1. Make No Changes to Current Policy The City would continue to impose impact fees on ELFs according to our current municipal code. 2. Allow an Impact Fee Exemption for ELFs up to 80% Under this option the City would exempt up to 80% of the required impact fee for ELFs. The City would not be required to pay the exemption with General Fund dollars. Using the 2,000 square foot example outlined above and assuming an 80% exemption, the new impact fee due is shown. Proposed Use of Building Fire Impact Fee Parks Impact Fee Traffic Impact Fees (Zone 3) Total Early Learning Facility $4,010 $2,616 $123,500 $130,126 80% Reduction: New Total: $104,100 $26,026 {EFM2440665.DOC;1/13175.000001/ } 5 6 INFORMATIONAL MEMO Page 4 3. Allow an Impact Fee Exemption for ELFs over 80%. The City could allow an exemption greater than 80% of the required impact fees, provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. 4. Allow an Impact Fee Exemption for ELFs over 80% and Require Covenants. The City could also allow an exemption greater than 80% of the required impact fees without paying other public funds into the impact fee fund, provided the property owner agrees to record a covenant against the property with the restrictions outlined above. There are two issues with this higher exemption and required covenant to consider: 1. In many cases the ELF will be operated by someone leasing a property versus the actual property owner. An owner may not agree to have a covenant recorded against their property. The required covenant shifts the payment of the impact fee from the tenant to the property owner if the terms of the covenant are not met. 2. It creates additional work for the City to approve the covenant, perform annual monitoring, and enforce payment through liens or other mechanisms. It is important to note that early learning facilities do have impacts on fire, parks, and transportation services. If the City chooses to exempt a portion of the impact fees for early learning facilities, it could reduce the amount of funding available to pay for those impacts, assuming the ELF would have been built anyway. FINANCIAL IMPACT Staff believes that exempting ELFs from impact fees would not have a significant impact on revenue for City's impact fee programs because it would only apply to new ELFs. A review of the City's permit history shows that the City has not permitted a new ELF in a commercial zone over the last ten years. Possibly there is either little demand or other barriers for establishing an ELF in the City. The City would only be losing revenue in the impact fee program if the City thought it would still get an ELF without adopting an exemption program. Staff is aware of an ELF that has applied for permits and a second ELF looking for a site. RECOMMENDATION Staff recommends that the City adopt option 2 above and is looking for input from the Committee. Staff would like to draft ordinances to take to the July 26 Committee of the Whole meeting that reflects the Committee's recommendation, with possible adoption of the Ordinance occurring on August 2. ATTACHMENTS • Substitute House Bill 1331 • Draft Ordinance, Traffic Impact Fees (to be added after Committee meeting). • Draft Ordinance, Park Impact Fees (to be added after Committee meeting). • Draft Ordinance, Fire Impact Fees (to be added after Committee meeting). {EFM2440665.DOC;1/13175.000001/ } CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 1331 67th Legislature 2021 Regular Session Passed by the House February 24, 2021 CERTIFICATE Yeas 73 Nays 25 Speaker of the House of Representatives Passed by the Senate April 5, 2021 Yeas 35 Nays 13 President of the Senate I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1331 as passed by the House of Representatives and the Senate on the dates hereon set forth. Approved FILED Governor of the State of Washington Chief Clerk Secretary of State State of Washington 7 SUBSTITUTE HOUSE BILL 1331 Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By House Local Government (originally sponsored by Representatives Harris -Talley, Senn, Berry, Callan, Fitzgibbon, Wicks, Ortiz -Self, Chopp, Davis, Valdez, Bateman, Eslick, Ormsby, Lovick, Fey, Berg, Rule, Lekanoff, Frame, Duerr, Pollet, Macri, Slatter, and Peterson) READ FIRST TIME 02/12/21. 1 AN ACT Relating to early learning facility impact fees; and 2 amending RCW 82.02.060. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 82.02.060 and 2012 c 200 s 1 are each amended to 5 read as follows: 6 The local ordinance by which impact fees are imposed: 7 (1) Shall include a schedule of impact fees which shall be 8 adopted for each type of development activity that is subject to 9 impact fees, specifying the amount of the impact fee to be imposed 10 for each type of system improvement. The schedule shall be based upon 11 a formula or other method of calculating such impact fees. In 12 determining proportionate share, the formula or other method of 13 calculating impact fees shall incorporate, among other things, the 14 following: 15 (a) The cost of public facilities necessitated by new 16 development; 17 (b) An adjustment to the cost of the public facilities for past 18 or future payments made or reasonably anticipated to be made by new 19 development to pay for particular system improvements in the form of 20 user fees, debt service payments, taxes, or other payments earmarked 21 for or proratable to the particular system improvement; 8 p. 1 SHB 1331.PL (c) The availability of other means of funding public facility improvements; (d) The cost of existing public facilities improvements; and (e) The methods by which public facilities improvements were financed; (2) May provide an exemption for low-income housing, and other development activities development of an early provided that the impact with broad public purposes, including learning facility, from these impact fees, fees for such development activity shall be paid from public funds other than impact fee accounts; (3)(a) May not impose an impact fee on development activities of an early learning facility greater than that imposed on commercial retail or commercial office development activities that generate a similar number, volume, type, and duration of vehicle trips; (b) When a facility or development has more than one use, the limitations in this subsection (3) or the exemption applicable to an early learning facility in subsections (2) and (4) of this section only apply to that portion that is developed as an early learning facility. The impact fee assessed on an early learning facility in such a development or facility may not exceed the least of the impact fees assessed on comparable businesses in the facility or development; 1_4Z May provide an exemption from impact fees for low-income housing or for early learning facilities. Local governments that grant exemptions for facilities under this partial exemption which case there low-income subsection of not more than is no explicit housing or for early learning (((3))) may either: Grant a eighty percent of impact fees, in requirement to pay the exempted portion of the fee from public funds other than impact fee accounts; or provide a full waiver, in which case the remaining percentage of the exempted fee must be paid from public funds other than impact fee accounts((—)), except as provided in (b) of this subsection. These exemptions are subject to the following requirements: (a) An exemption for low-income housing granted under subsection (2) of this section or this subsection (((3))) IA1 must be conditioned upon requiring the developer to record a covenant that, except as provided otherwise by this subsection, prohibits using the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is p. 2 SHB 1331.PL 9 1 converted to a use other than for low-income housing, the property 2 owner must pay the applicable impact fees in effect at the time of 3 conversion((. Covenants required by this subsection must be recorded 4 with thc applicable county auditor or recording officer. A local 5 government granting an cxcmption undcr subsection (2) of this section 6 or this subsection (3) for low income housing may not collect revenue 7 lost through granting an cxcmption by increasing impact fees 8 unrelated to thc exemption. A school district who receives school 9 impact fees must approve any cxcmption undcr subsection (2) of this 10 section or this subsection (3))); 11 (((4))) (b) An exemption for early learning facilities granted 12 under subsection (2) of this section or this subsection (4) may be a 13 full waiver without an explicit requirement to pay the exempted 14 portion of the fee from public funds other than impact fee accounts 15 if the local government requires the developer to record a covenant 16 that requires that at least 25 percent of the children and families 17 using the early learning facility qualify for state subsidized child 18 care, including early childhood education and assistance under 19 chapter 43.216 RCW, and that provides that if the property is 20 converted to a use other than for an early learning facility, the 21 property owner must pay the applicable impact fees in effect at the 22 time of conversion, and that also provides that if at no point during 23 a calendar year does the early learning facility achieve the required 24 percentage of children and families qualified for state subsidized 25 child care using the early learning facility, the property owner must 26 pay 20 percent of the impact fee that would have been imposed on the 27 development had there not been an exemption within 90 days of the 28 local government notifying the property owner of the breach, and any 29 balance remaining thereafter shall be a lien on the property; and 30 (c) Covenants required by (a) and (b) of this subsection must be 31 recorded with the applicable county auditor or recording officer. A 32 local government granting an exemption under subsection (2) of this 33 section or this subsection (4) for low-income housing or an early 34 learning facility may not collect revenue lost through granting an 35 exemption by increasing impact fees unrelated to the exemption. A 36 school district who receives school impact fees must approve any 37 exemption under subsection (2) of this section or this subsection 38 (4) ; 39 (5) Shall provide a credit for the value of any dedication of 40 land for, improvement to, or new construction of any system 10 p. 3 SHB 1331.PL 1 improvements provided by the developer, to facilities that are 2 identified in the capital facilities plan and that are required by 3 the county, city, or town as a condition of approving the development 4 activity; 5 (((5))) (6) Shall allow the county, city, or town imposing the 6 impact fees to adjust the standard impact fee at the time the fee is 7 imposed to consider unusual circumstances in specific cases to ensure 8 that impact fees are imposed fairly; 9 ((-6-})) (7) Shall include a provision for calculating the amount 10 of the fee to be imposed on a particular development that permits 11 consideration of studies and data submitted by the developer to 12 adjust the amount of the fee; 13 (((7))) (8) Shall establish one or more reasonable service areas 14 within which it shall calculate and impose impact fees for various 15 land use categories per unit of development; and 16 ((44*)) (9) May provide for the imposition of an impact fee for 17 system improvement costs previously incurred by a county, city, or 18 town to the extent that new growth and development will be served by 19 the previously constructed improvements provided such fee shall not 20 be imposed to make up for any system improvement deficiencies. 21 For purposes of this section, "low-income housing" means housing 22 with a monthly housing expense, that is no greater than thirty 23 percent of eighty percent of the median family income adjusted for 24 family size, for the county where the project is located, as reported 25 by the United States department of housing and urban development. 26 For the purposes of this section, "early learning facility" has 27 the same meaning as in RCW 43.31.565. --- END --- p. 4 SHB 1331.PL11 12 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: July 19, 2021 SUBJECT: Impact Fees for Early Learning Facilities (Substitute House Bill 1331) Follow Up to Discussion Items at the July 12 Finance and Governance Committee ISSUE Staff provided Finance and Governance Committee a briefing on Substitute House Bill 1331 and the options to reduce impact fees for Early Learning Facilities. This memo is responding to the questions and comments raised in the meeting. F&G forwarded the item to the full council for discussion. Staff's briefing memo to F&G, dated July 6, 2021, is attached. RESPONSE TO QUESTIONS AND COMMENTS AT FINANCE AND GOVERNANCE Provide Context of Project Affordability at the 80% level. It is difficult to determine if an early learning facility would be financially feasible at either the 80% or 100% level. Staff does believe that charging the full amount (no exemption provided) would significantly impact the ability of early learning facilities to establish in existing commercial buildings since the impact fee would make up a larger percentage of the total project costs. With regards to new construction, the impact fees have less of an impact on a project feasibility since new construction has a much high total cost. Provide Information on other cities impact fees for early childhood learning facilities. The following outlines the square footage rate charged for traffic impact fees for daycares in surrounding cities. Not all surrounding cities have Parks and Fire impact fees. In addition, as indicated in the staff July 6 memo the traffic impact fee is responsible for nearly 95% of the total impact fee due. City Traffic Impact Fee Rates Hypothetical 2,000 square foot development. Notes Tukwila Zone 1: $49.36 per square foot. Zone 1: $98,720 For the hypothetical development not credit is being Zone 2: $54.08 per square foot. Zone 2: $108,160 provided for previous uses on the site nor does in include any Zone 3: $59.44 per square foot. Zone 3: $$118,880 reduction for impact fees by providing a study to the City. The Zone 4: $22.88 per Zone 4: $45,760 fees could be lower 13 14 INFORMATIONAL MEMO Page 2 • Draft Ordinances for 80% and 100% waiver reduction for full Council discussion. While not legally required, the City has historically conducted a public hearing when considering ordinances related to impact fees. Staff has scheduled the public hearing for August 9. Staff would like input from the Council at the July 26 meeting on the amount, if any, of the impact fee exemption for early learning facilities. Staff would present ordinances to the City Council on August 9 for discussion and a public hearing, with final action scheduled to occur on August 16. • Consider using American Rescue Plan Act (ARPA) funds to make the difference for the impact fees required to be paid to the City. The July 6, 2021 memo to F&G outlined several options the City could consider regarding exempting impact fees for early learning facilities. F&G focused discussion on two specific options: (1) The City could choose to exempt up to 80% of the required impact fees for an ELF. If the exemption is no more than 80% there is no requirement for the City to make up the exempt impact fee with General Fund dollars. (2) The City could exempt more than 80% of the impact fee provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. If option 2 is selected, the City would have to make up anything above the 80% reduction. For example, if the impact fees due for an early learning facility were $30,000 the City could waive $24,000 (80%) with no need to make up the lost revenue. However, the remaining $6,000 (20%) would need to be made up from public funds, other than impact fees. The Committee asked if ARPA funds could be used to make up the 20% requirement. It does not appear that this is a permitted use of ARPA funds. The use of ARPA funds is fluid and this could change as the Federal Government clarifies the use of the funds. However, for now this does not appear to be an option. C:lUserslandy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\lnfo Memo Additional Info DRAFT.doc square foot. Kent $21.66 per square foot outside of downtown $16.03 per square foot inside of downtown. $43,320 outside of downtown. $32,060 inside of downtown. SeaTac $43.294 per square foot. $86,588 Renton $70.39 per square feet. $140,780 Seattle $0.00. $0.00 Seattle does not charge a traffic impact fee. • Draft Ordinances for 80% and 100% waiver reduction for full Council discussion. While not legally required, the City has historically conducted a public hearing when considering ordinances related to impact fees. Staff has scheduled the public hearing for August 9. Staff would like input from the Council at the July 26 meeting on the amount, if any, of the impact fee exemption for early learning facilities. Staff would present ordinances to the City Council on August 9 for discussion and a public hearing, with final action scheduled to occur on August 16. • Consider using American Rescue Plan Act (ARPA) funds to make the difference for the impact fees required to be paid to the City. The July 6, 2021 memo to F&G outlined several options the City could consider regarding exempting impact fees for early learning facilities. F&G focused discussion on two specific options: (1) The City could choose to exempt up to 80% of the required impact fees for an ELF. If the exemption is no more than 80% there is no requirement for the City to make up the exempt impact fee with General Fund dollars. (2) The City could exempt more than 80% of the impact fee provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. If option 2 is selected, the City would have to make up anything above the 80% reduction. For example, if the impact fees due for an early learning facility were $30,000 the City could waive $24,000 (80%) with no need to make up the lost revenue. However, the remaining $6,000 (20%) would need to be made up from public funds, other than impact fees. The Committee asked if ARPA funds could be used to make up the 20% requirement. It does not appear that this is a permitted use of ARPA funds. The use of ARPA funds is fluid and this could change as the Federal Government clarifies the use of the funds. However, for now this does not appear to be an option. C:lUserslandy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\lnfo Memo Additional Info DRAFT.doc INFORMATIONAL MEMO Page 3 If the Council desires to do the full 100% exemption staff suggests that the City tracks the exemptions and makes a transfer into the impact fee funds at part of the annual budget process. For 2021 and 2022 since this is unbudgeted the City would have to do a budget amendment. C:lUserslandy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\lnfo Memo Additional Info DRAFT.doc 15 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.26.030, AND ORDINANCE NO. 2571 §15, AS CODIFIED AT TMC SECTION 16.26.120, TO ADD AN EXEMPTION TO FIRE IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2571 on May 7, 2018, regarding the imposition of Fire Impact Fees within the City; and WHEREAS, the Washington State Legislature passed Substitute House Bill 1331 related to the application of impact fees on early learning facilities within the State of Washington; and WHEREAS, early learning facilities provide broad public service to the Tukwila community by providing childcare for Tukwila community members; and WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City Council held a public hearing to receive public testimony on this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.26.030 Amended. Ordinance No. 2571 §6, as codified at Tukwila Municipal Code (TMC) Section 16.26.030, is hereby amended to read as follows: 16.26.030 Definitions Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 1 of 5 17 1. "Accessory residential structure" means a structure that is incidental and subordinate to the principal residence on the property and is physically detached to the principal residence, but does not include accessory dwelling units. For example, a detached garage or storage shed for garden tools are considered accessory residential structures. 2. "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single-family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. 3. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 4. "City" means the City of Tukwila, Washington, County of King. 5. "Development activity" means any construction, reconstruction, or expansion of a building, structure, or use, or any changes in use of a building or structure, or any changes in the use of land, requiring development approval. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 78. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 89. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 910. "Fire protection facilities" means all publicly owned apparatus and buildings within the City that are used for fire protection and/or emergency response and aid. 4-911. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the fire facilities needed to serve growth and development that is a proportionate share of the cost of fire capital facilities used for facilities that reasonably benefit development. Impact fees do not include reasonable permit fees, application fees, administrative fees for collecting and handling fire impact fees, or the cost of reviewing independent fee calculations. CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 18 Page 2 of 5 X12. "Low-income housing" means housing where monthly costs, including utilities other than telephone, are no greater than 30% of the resident's household monthly income and where household monthly income is 80% or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 1213. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 1314. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of development. Section 2. TMC Section 16.26.120 Amended. Ordinance No. 2571 §15, as codified at TMC Section 16.26.120, is hereby amended to read as follows: 16.26.120 Exemptions. A. The fire impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All development activity located within the City shall be charged a fire impact fee; provided, that the following exemptions shall apply. B. The following shall be exempt from fire impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for fire services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Fire impact fees for the construction of low-income housing may be reduced when requested by the property owner in writing prior to permit submittal and subject to the following: a. The property owner must submit a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; and CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 3 of 5 19 b. The property owner must record a covenant per RCW 82.02.060(3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. c. Should the property owner satisfy the criteria in TMC Section 16.26.120.6.6., a and b, the fees will be reduced, based on the following table: Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a fire impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21 C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee. The exempted fire operations impact fee shall not include the proportionate share related to the delivery of emergency medical services. 10. An Early Learning Facility is exempt from paying 80 percent of the required Fire Impact Fee. Section 3. 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. CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 20 Page 4 of 5 Section 4. 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 5. 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 , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 5 of 5 21 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.28.030, AND ORDINANCE NO. 2572 §15, AS CODIFIED AT TMC SECTION 16.28.120, TO ADD AN EXEMPTION TO PARKS IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2572 on May 7, 2018, regarding the imposition of Parks Impact Fees within the City; and WHEREAS, the Washington State Legislature passed Substitute House Bill 1331 related to the application of impact fees on early learning facilities within the State of Washington; and WHEREAS, early learning facilities provide broad public service to the Tukwila community by providing childcare for Tukwila community members; and WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City Council held a public hearing to receive public testimony on this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.28.030 Amended. Ordinance No. 2572 §6, as codified at Tukwila Municipal Code (TMC) Section 16.28.030, is hereby amended to read as follows: 16.28.030 Definitions Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 1 of 5 23 1. "Accessory residential structure" means a structure that is incidental and subordinate to the principal residence on the property and is physically detached to the principal residence, but does not include accessory dwelling units. For example, a detached garage or storage shed for garden tools are considered accessory residential structures. 2. "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single-family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. 3. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 4. "City" means the City of Tukwila, Washington, County of King. 5. "Development activity" means any construction, reconstruction, or expansion of a building, structure, or use, or any changes in use of a building or structure, or any changes in the use of land, requiring development approval. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 78. "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 89. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 910. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the parks facilities needed to serve growth and development that is a proportionate share of the cost of parks capital facilities used for facilities that reasonably benefit development. Impact fees do not include reasonable permit fees, application fees, administrative fees for collecting and handling parks impact fees, or the cost of reviewing independent fee calculations. 1011. "Low-income housing" means housing where monthly costs, including utilities other than telephone, are no greater than 30% of the resident's household monthly income and where household monthly income is 80% or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 24 Page 2 of 5 412. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 1213. "Parks facilities" means those capital facilities identified as park and recreational facilities in the City's Capital Facilities Plan. ."Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of development. Section 2. TMC Section 16.28.120 Amended. Ordinance No. 2572 §15, as codified at TMC Section 16.28.120, is hereby amended to read as follows: 16.28.120 Exemptions A. The parks impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All development activity located within the City shall be charged a parks impact fee; provided, that the following exemptions shall apply. B. The following shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for parks services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Parks impact fees for the construction of low-income housing may be reduced when requested by the property owner in writing prior to permit submittal and subject to the following: a. The property owner must submit a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; and b. The property owner must record a covenant per RCW 82.02.060(3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low income housing within 10 years, CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 3 of 5 25 the property owner must pay the City the applicable impact fees in effect at the time of conversion. c. Should the property owner satisfy the criteria in TMC Section 16.28.120.B.6., a and b, the fees will be reduced, based on the following table: Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a parks impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. An Early Learning Facility is exempt from paying 80 percent of the required Parks Impact Fee. Section 3. 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 4. 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 5. 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. CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 26 Page 4 of 5 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 5 of 5 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2521 §1, 2305 §1, AND 2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 9.48.020, AND ORDINANCE NOS. 2622 §4 AND 2521 §2, AS CODIFIED AT TMC SECTION 9.48.125, TO ADD AN EXEMPTION TO TRANSPORTATION IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2111 on December 5, 2005, regarding the imposition of Transportation Impact Fees within the City; and WHEREAS, the Washington State Legislature passed Substitute House Bill 1331 related to the application of impact fees on early learning facilities within the State of Washington; and WHEREAS, early learning facilities provide broad public service to the Tukwila community by providing childcare for Tukwila community members; and WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City Council held a public hearing to receive public testimony on this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 9.48.020 Amended. Ordinance Nos. 2521 §1, 2305 §1, and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, are hereby amended to read as follows: 9.48.020 Definitions The words and terms contained in this chapter shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 1 of 4 29 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington. 4. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. 5. "Development activity" means any construction of a building or structure that creates additional demand and need for transportation facilities. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 78. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity, which requires a building permit and creates a demand for additional facilities. 89. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this chapter as a condition of granting development approval, in order to pay for the transportation facilities needed to serve new growth and development that is a proportionate share of the cost of the capital facilities that is used for facilities that reasonably benefit new development. Impact fees are independent of a permit fee, an application fee, a concurrency test fee, and the administrative fee for collecting and handling impact fees or cost of reviewing independent fee calculations. 910. "Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities. 1-011. "Low-income housing" means housing where monthly costs, including utilities other than telephone, do not exceed 30% of the resident's household monthly income and where household monthly income must be 80 percent or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 1-1-12. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 30 Page 2 of 4 1213. "Proportionate fair share" means that portion of the cost for transportation facility improvements that are reasonably related to the service demands and needs of new development. Section 2. TMC Section 9.48.125 Amended. Ordinance Nos. 2622 §4 and 2521 §2, as codified at TMC Section 9.48.125, are hereby amended to read as follows: 9.48.125 Exemptions A. The impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information depicted on Figure 9-1 herein. All development activity located within the City shall be charged a transportation impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from transportation impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools and signs that do not impact the transportation system. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Transportation impact fees for the construction of low-income housing may be reduced at the discretion of the Public Works Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 3 of 4 31 c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a transportation impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21 C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. An Early Learning Facility is exempt from paying 80 percent of the required Transportation Impact Fee. Section 3. 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 4. 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 5. 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 , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 32 Page 4 of 4 City of Tukwila City Council Finance & Governance Committee Meeting Minutes July 12, 2021 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Zak Idan, Chair; Kathy Hougardy, Cynthia Delostrinos Johnson Tony Cullerton, Brandon Miles, Derek Speck, Vicky Carlsen, Laurel Humphrey Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Early Learning Facilities Impact Fee Waivers Staff is seeking Committee direction on implementation of Substitute House Bill 1331 which provides impact fee relief options for Early Learning Facilities. Item(s) for follow-up: • Provide context around project affordability at 80% waiver. • Provide information on other cities' impact fees for Early Learning Facilities. • Draft ordinance reflecting both 80% and 100% waiver options for full Council discussion. • Consider use of ARPA funds to make up the difference. Committee Recommendation Forward draft legislation with options to July 26, 2021 Committee of the Whole. B. Councilmember Onboarding Committee members and staff discussed materials and process for onboarding new Councilmembers. Additional suggestions included providing updates on the Equity Policy Implementation Committee, more information about regional associations from those Councilmembers involved, and standardizing the information shared by Department Directors. Committee Recommendation Discussion only. C. 2021 Committee Work Plan Committee members and staff discussed the status of work plan items for the year. Chair Idan noted the importance of reflecting all the work done in committee. Committee Recommendation. Discussion only. 33 34 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 08/09/21 RB ITEM INFORMATION ITEM No. 6.B. 35 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 08/09/21 AGENDA ITEM TITLE A weekly update on the City's planning and response to COVID-19 (Coronavirus) CATEGORY 11 Discussion 08/09/21 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR n Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ Pr SPONSOR'S The City is actively engaged in regional efforts to address the coronavirus (COVID-19). SUMMARY Staff are providing the Council with updated information regarding the City's response to COVID-19. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE N/A N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 08/09/21 Coronavirus Report 35 36 CORONAVIRUS RESPONSE UPDATE August 9, 2021 * Denotes All New Content in the Section ESSENTIAL SERVICES AND CITY OPERATIONS * Essential Services & City Operations The City has begun transitioning back to in-person services, with the goal of full services by September 13, 2021. City Hall is currently open Mondays and Wednesdays from 9:00 a.m. to 12:00 p.m. The City Permit Center will be open Monday through Thursday from 8:30 a.m. to 12:00 p.m. Human Services is open for in- person services Tuesday and Thursdays from 8:30 a.m. to 12:00 p.m. All services remain available remotely. Visitors to City facilities are required to wear masks. As of August 3, City staff are now required to wear masks at all times again in City facilities, regardless of vaccination status, unless they are alone in a room with a closed door. Total in-person customer volume for the week of July 26, 2021: • Permit Counter: 13 • City Hall: 0 • Human Services: 1 Human Services Human Services reporting is on hold for two weeks. Residents continue to be assisted during this reporting hiatus, and information continues to be tracked. Reporting is expected to resume August 19, 2021. Residents and landlords who applied for the EPRAP program can check their status by going to: https://kingcounty.gov/depts/community-human-services/COVID/eviction-prevention-rent-assistance LIHEAP (Low Income Home Energy Assistance Program) has additional heat funds to assist residents who have PSE energy arrearages up to $2,500. Resident must have already received LIHEAP funds this year to qualify for the additional funds. Staff continues to refer residents with PSE arrearages to utilize this program first, as well as Seattle City Light's Utility Discount Program. Source Households Assisted/Ind General Fund Contracted Rent: $ Partners 0/0 Utility: $ Covid Rental & Utility Assistance Rent: $ 0/0 Utility: $ Sewer/Water HB 1406 Rental Assistance Information from the community on total past due rent amount 0/0 $ 0/0 $ $500-$1,200 = $1,250-$3,500 = $3,600-$4,000 = Over $4,000 = Funding Breakdown 37 Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. The monthly Fire report will be available in the next Coronavirus Response Update. * Police Staffing and Calls for Service There have been no changes to Fire staffing since the last report. Calls for service: July 2021: 2774 July 2020: 2511 Business Recovery Business Re -Openings and Closings Washington's economy is reopened. Nearly all businesses and public spaces including restaurants, stores, offices, theaters, outdoor events, and other places can return to full capacity with no physical distancing requirements. Under the current masking requirements, fully vaccinated people are no longer required to wear masks in many places such as stores and restaurants. Partially or unvaccinated people are still required to wear masks in most settings such as indoor public spaces and crowded outdoor spaces. And everyone is still required to wear masks in certain settings such as riding public transportation, medical facilities, etc. Businesses can require all customers and employees to wear masks or verify vaccination. Due to the increasing rate of COVID-19 infections, especially among people who are not vaccinated, on July 26th King County's Local Health Officer issued a directive stating that "everyone 5 years of age and older in King County should continue to wear a face covering within indoor public spaces, unless a state -approved method is used to assure that all people allowed inside have been fully vaccinated." On July 28th Governor Inslee encouraged people to wear masks in public spaces but did not change the requirements. Business Assistance Application periods for some government funding programs have now closed such as the federal government's $800 billion Paycheck Protection Program (PPP) and $28.6 billion Restaurant Revitalization Fund and the State's most recent $240 million round of the Working Washington small business grant program. There are some government funding programs still accepting applications including the Economic Injury Disaster Loan (EIDL) program. The State recently launched the Small Business Flex Fund which offers low interest loans to small businesses. We anticipate that later this year the State will implement a $50 million fifth round of the Working Washington small business grant program. The State is also significantly limiting increases in unemployment insurance costs for businesses. King County is distributing $145 million of federal funds for residential rental assistance and eviction prevention to tenants and landlords through their Eviction Prevention and Rental Assistance Program (EPRAP). Unemployment 38 The unemployment claims data report will be included monthly and was included in the packet for the July 19, 2021 Council meeting. On March 11, 2021, the President signed the $1.9 trillion American Rescue Plan Act. The new law extends Pandemic Emergency Unemployment Compensation (PEUC), which is for workers who have exhausted all other benefits, plus the Pandemic Unemployment Assistance (PUA), which benefits people who do not qualify for regular unemployment such as self-employed people and independent contractor, for an additional 29 weeks. It also extends the Federal Pandemic Unemployment Compensation (FPUC) which provides an extra $300 per week for eligible claimants who are receiving benefits from any unemployment program through September 6, 2021. In 2020 the State rescinded the regular requirement for people receiving unemployment benefits to seek employment. Those requirements restarted in early July. MEETING THE COMMUNITY'S BASIC NEEDS * Food Resources and Distribution Park n' Play, numbers reflect July 6 - present. The Summer Park n' Play program started on July 6. Meals, recreation kits, and resources will be distributed on Tuesdays and Thursdays at Cascade View Park, Crestview Park, & TCC. Senior Meals, number of meals distributed. Week of 8/2. Tukwila Pantry Meals 2353 Snacks 1480 Rec Kits 582 Duwamish Curb Cafe 25 Meals on Wheels 206 7/29 320 7/31 204 8/3 318 39 COVID-19 UPDATES * Covid-19 Tukwila Overview L41 King County Public Health - Seattle & King County COVID-19 Outbreak Summary Update date 8/4/2021 7:55 AM Click on the icons to explore this dashboard: Overview Demographics Geography Geography over time Select city to compare: Count New since last updated 'Tukwila Summary of counts for Tukwila Overall Percent Rate per 100,000 Compared to King residents County rate Past 14 days Count Percent Positives 2,079 4 6.8% of all tests 10294.1 Confirmed 2,025 4 10,026.7 Probable 54 0 267.4 Hospitalizations 105 1 5.1% of all positive cases 519.9 Deaths due to 19 0 0.9% of all positive cases 94.1 COVH)-19 illness All PCR test results 29,683 I 146,974.6 People tested by 11,821 ! 58 531.4 PCR Legend: Lower than overall King County rate • Similar to overall King County rate 43.00 . 41.0 • 2.0 • • 2.0 4.7% 0.0 0.0% . 406.0 • 43.0 . Higher than overall King County rate Mobile Vaccination Team The Tukwila Fire Department deployed its Mobile Vaccine Team (MVT) to provide COVID-19 vaccines and is focused on home bound and regional opportunities. * Vaccine Update & Locations There are many ways for community members to access the vaccine at no cost. Multiple appointments are available at sites in the area, as well as private opportunities. Visit vaccinelocator.doh.wa.gov for location and appointment opportunities. Vaccinations in King County as of August 4, 2021: • 1 dose: 1,587,249 or 81.63% • 2 does: 1,474,843 or 75.5% Below is a zip code map of vaccinations as of August 4, 2021 (percentage of population 12+ with at least one dose) in King County, with Tukwila's two zip codes highlighted: • 98168: 77.7% 40 • 98188: 80.7% Map of KC residents who have at least one dose among ages 12+ years old © 2021 Mapbox © OpenStreetMap Below is a chart of vaccinations by region in King County. Note that South King County has a lower vaccination rate than many other areas in the county. Table of all KC residents who have at least one dose by age group and regions 12+ years 12-19 years 20-29 years 30-39 years 40-49 years 50.59 years 60-69 years 70-79 years 80+ years old old old old old old old old old Overall King County 81.2% 66.7% 685% 76.7% 85% 88.7% 92S% >95% >95% East 90.9% 91.7% 82.6% 82% >95% 94.7% 91.1% >95% >95% 4 North 86.7% 703% 745% 90.9% 925% 80.7% 94% >95% 89.2% Regions Seattle 825% 68.2% 70.7% 87.7% 89.6% 865% 82% >95% 83.7% South 73.2% 48.6% 583% 673% 725% 823% >95% >95% >95% Kirkland, Redmond, Bothell, and Woodinville 89.4% 835% 73.0% 89S% >95% 89.2% 89.2% >95% >95% N Seattle and Shoreline 82.6% 68.2% 67.2% 855% 943% 84.0% 89.6% >95% 83.7% Central Seattle 81.6% 66.7% 75.4% 92.2% 83.0% 823% 71.2% 92.6% 85.7% W Seattle, S Seattle, Delridge and Highline 86.0% 71% 705% 87.2% 93.4% 92.6% 91.6% >95% 78.7% 10 Burien,Renton, Ttskwilaand Seatac 77.6% 563% 59.6% 725% 83S% 87.7% >95% 92.1% >95% Regions Auburn, Kent, and Federal Way 69.7% 43.2% 54.4% 633% 69.0% 82.7% >95% 933% >95% South East King County 71.7% 47.2% 63.1% 65.1% 64.7% 76.2% >95% >95% >95% Bellevue, Issaquah and Mercer Island 91.6% 91.2% 88.7% 87.0% 94.0% >95% 87.2% 85.9% >95% East King County 91.4% 95% 88.7% 68.4% 91.7% 94.0% >95% >95% >95% Vashon Island 92.8% 79.2% >95% >95% 79.1% 712% 923% >95% >95% 41 * COVID-19 Testing The following are the number of individuals tested over the past week at the Church by the Side of the Road. This is a regional testing facility drawing individuals from across south King County. All testing locations in the region are seeing a significant surge in the number of people requesting tests. King County has contracted with off-duty officers to provide traffic management along Tukwila International Boulevard and Military Road to mitigate traffic impacts in the neighborhood. 8/3 - 380 individuals tested 8/2 - 435 individuals tested 8/1 - closed 7/31 - 246 individuals tested 7/30 - 243 individuals tested 7/29 - 228 individuals tested 7/28 - 222 individuals tested 42 COUNCIL AGENDA SYNOPSIS k•)* '1 Initials ITEM No. �1- Meeting Date Prepared by Mayor's review Council review ir* 8/9/21 PH %i 1908 ITEM INFORMATION STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 8/9/21 AGENDA ITEM TITLE Tukwila Police Department Community Engagement Plan CATEGORY 11 Mtg Discussion Date 8/9/21 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R Police ❑ PIP/ SPONSOR'S Community safety requires a partnership between the community and its law enforcement. SUMMARY That partnership is established through community engagement. We present the Community Engagement Plan to enhance the trust that the Tukwila Community has placed in its law enforcement. REVIEWED BY ❑ Trans&Infrastructure Svcs A/ ❑ LTAC ❑ DATE: Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS-JOHNSON RECOMMENDATIONS: SPONsoR/ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/9/21 MTG. DATE ATTACHMENTS 8/9/21 Info memo dated 7/26/21 Community engagement plan Minutes from the 8/2 Community Services and Safety Committee meeting 43 44 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Chief of Police Eric Dreyer BY: Chief of Police Eric Dreyer CC: Mayor Allan Ekberg DATE: July 26th, 2021 SUBJECT: Tukwila Police Department Community Engagement Plan ISSUE Community safety requires a partnership between the community and its law enforcement. That partnership is established through community engagement; however, a law enforcement's community engagement efforts are only as effective as the relationship it has with the community it serves. Therefore, creating meaningful and sincere methods for establishing the community's trust in its law enforcement partner is critical to the success of any community engagement programs. BACKGROUND Law enforcement and the way that we interact with the community is changing. National attention on law enforcement, Washington State reform measures, and the evolving needs of the Tukwila Community require the Tukwila Police Department to evolve with our community. DISCUSSION The Tukwila Police Department is taking a three -prong approach in its Community Engagement Plan to enhance the trust that the Tukwila Community has placed in its law enforcement. Through Transparency, Accountability, and Community Engagement, we will build stronger relationships with our community. The police department will be continuing standing programs that are effective at addressing public safety needs and establishing new initiatives directed at improving community engagement. FINANCIAL IMPACT There is no financial impact for the Community Engagement Plan itself; however, there may be costs associated with specific programs within the plan as we identify resources and programs that could best meet the Tukwila Community's needs. The intent of the Tukwila Police Department is to absorb the costs of any of the listed programs within the current budget. As we identify programs that meet the community's needs and are repeating annually or require maintenance costs, we would address funding for continuation of these programs through future budget planning. RECOMMENDATION Information Only — Forward to the August 9, 2021 C.O.W. ATTACHMENTS Community Engagement Plan 45 46 Tukwila Police Department 15005 Tukwila International Blvd Tukwila, WA 98188 (206) 433-1808 47 TRANSPARENCY - ACCOUNTABILITY - ENGAGEMENT Community safety requires a partnership between the community and its law enforcement. That partnership is established through community engagement; however, a law enforcement's community engagement efforts are only as effective as the relationship it has with the community it serves. Therefore, creating meaningful and sincere methods for establishing the community's trust in its law enforcement partner is critical to the success of any community engagement programs. The Tukwila Police Department is taking a three -prong approach to enhance the trust that the Tukwila Community has placed in its law enforcement. Through Transparency, Accountability, and Community Engagement we will build stronger relationships with our community. Although this plan documents how the Tukwila Police Department will enhance its community engagement programs, it acts as a reminder of the Department's ongoing commitment of service to the Tukwila Community and serves as a way to focus our commitment of service to the community well into the future. TRANSPARENCY The first step towards building trust with the community is to establish law enforcement practices, processes, and programs that are transparent to the community. Law enforcement must create the means to open itself up to public scrutiny of how it operates, while also making available to the public accounts of both our achievements and our mistakes. 48 Communication The most critical step to achieve transparency is to establish effective communication with the Community. Having different mediums for communicating create a greater opportunity to reach more of the community. Social Media - Social media has become the ideal way to get information to the community in the fastest way possible. The strategies of its use are as diverse as the city itself. From emergency announcements that divert community members away from dangerous situations, to educating the public about crime prevention techniques, to relationship building with stories about the department's outreach efforts and interactions with the community we serve. Social media has been and will continue to be an integral part of our communications with the community. Community Forums - Establishing formal forums for the community allows access to the police department leadership and other department specialists through in- person and virtual events to address specific topics of community interest and open form Q&A. Community Survey - The Tukwila Police Department is working with the Community Oriented Police Citizen's Advisory Board (COPCAB) and has produced a survey that will capture information about the police department's interactions with the community, providing input on how the department can best meet their specific needs. The survey has been created in multiple languages in order to reach a greater number of the community members. Knowing what the department is doing well, as well as, knowing areas of needed improvement will allow us to appropriately allocate resources to improve police services. 49 Feedback - Just as important as gathering the community's input regarding the services of its law enforcement, providing feedback to the community about the analysis and actions to be taken as a result of their input will be vital in creating legitimacy for the department's communication efforts. Community Involvement After establishing sound communication platforms, it is imperative that the community be involved with and provide input regarding police department operations. Therefore, the Tukwila Police Department is finding new ways to include community members in the processes that should bear the most scrutiny. Hiring - There is no better program to involve the community than with the department's hiring process, as they will be in on the ground floor of forming the very make-up of the department members that will serve the community for years to come. The Police Department will initiate a public selection process that will create a roster of community members that will participate in the department's hiring, which will include being a part of an interview panel and providing input to the Chief of Police for the selection of new members of the Tukwila Police Department. Join t60:eam,..�y ,E; TUKWILA PD HIRING. WORKSHOP STARIIING SALARY si',6S2 M..i.d il.e wi o6.Mi. Use of Force Review Board - At the beginning of the year, the Tukwila Police Department established a Use of Force Review Board to assist with its annual review of all use of force by the members of the department. The board consists of Use of Force subject matter experts, policy experts, and community members. The community members were selected as part of a public process that filled the state requirement, per 1-940 and Washington Administrative Code (WAC) 139-12, known as the Law Enforcement Training and Community Safety Act (LETCSA), for assigned to independent investigative teams for community representatives to be investigating officer involved use of deadly force. The Tukwila Police Department has chosen to broaden the community representatives' responsibilities to include review of all 50 of the department's use of force. Currently there are four Tukwila community representative that sit on the board. The Use of Force Review Board just completed its first review for the department for all use of force during 2020. Moving forward, the board will meet quarterly to review reports of use of force, completing an annual review report in the first quarter of the year for the prior year. The annual report will be presented to Council and will be made public through our communication platforms. COPCAB - The Community Oriented Policing Citizen's Advisory Board is a City Commission of Tukwila community members appointed by the Mayor. The Board's primary duties are to Enhance police -community relations, provide a community perspective concerning police services, and promote public awareness of Tukwila's police services. The Chief meets monthly with COPCAB, providing them with updates on the progress of department activities. Civil Service Commission- is a City Commission of Tukwila community members appointed by the Mayor. In compliance with RCW 41.12, the Civil Service Commission regulates the rules established for objective hiring practices and promotions by the police department. The Chief meets monthly with the Commission to report on these items that fall under Civil Service. 51 ACCOUNTABILITY Regardless of how transparent the department maintains its operations, if members of the police department and the department itself have no accountability for their actions and processes, the relationship with the community and the trust they place in us will erode. Therefore, the department participates in programs that create that accountability and supports legislative reform that enhances the service that we provide to our community. Accreditation - The Tukwila Police Department participates with the Washington Association of Sheriffs & Police Chiefs (WASPC) accreditation program. The program audits the department for maintaining mandatory standards for law enforcement to operate under established industry best practices. The department is not currently accredited but is in the process of being accredited and is on pace to be certified as an Accredited Agency at the WASPC Accreditation Fall Board meeting in November of this year. Active Bystandership for Law Enforcement (ABLE) Project - The ABLE Project is a program established by the Georgetown University Law Center's national training and support initiative for U.S. law enforcement agencies committed to building a culture of peer intervention that prevents harm to the community and to law enforcement. The benefits of meaningful active bystandership training are significant. Engagement with the Community: • Improved Community/Police relations • Improved community Satisfaction with their law Enforcement Agency 52 • Reduced harm to the Civilians Engagement with the Officers: • Improved Officer health, wellness, and job satisfaction • Reduced harm to Officers • Reduced risk of lawsuits against the City, Department, and Officers The Tukwila Police Department is adopting the ABLE Project curriculum and is dedicated to continuing to build upon our culture of peer intervention. LETCSA - The Tukwila Police Department has been involved with the Law Enforcement Training and Community Safety Act since early 2019. LETCSA was enacted into law and became effective in January, 2020. WAC 139-12 lays out training requirements and establishes protocols for investigating officer -involved use of deadly force. The Department was among the first in the state to meet training requirements related to LETCSA. Additionally, Tukwila Police Department representatives have been on the forefront of establishing policies and administering compliance with the reform mandates for the region. The Department actively participates with the Valley Independent Investigative Team (VIIT), which is recognized as a leading independent investigation team in the state. The Tukwila Chief of Police is considered a subject matter expert on independent investigations and is currently assisting other agencies with establishing their own Independent Investigative Teams. 2021 Legislative Reform - In response to national attention on law enforcement, the State of Washington has several bills focused on police reform that passed through the recent legislative session. As these bills become enacted, the Tukwila Police Department will move to quickly adopt policy and train department members to comply with new reform measures. 53 COMMON/TY ENGAGEMENT Transparency and Accountability lay the foundation for effective Community Engagement. Engagement activities by both law enforcement and the community then allow for trust to build and relationships to grow. It is through our community engagement programs that the Department will gain a better understanding of how we can best meet the community's needs and the community can learn about how the department provides services for those needs. The Department is currently involved with the following community engagement programs: Theft Third and Mall Safety (T3AMS) Diversion Program - Through collaborative partnerships with community-based organizations, the King County Prosecuting Attorney's Office, Southcenter Mall Management, the Tukwila Police Department, and University of Washington Center for the Study & Advancement of Justice Effectiveness (SAJE), T3AMS successfully developed and managed a result -based pre -filing Theft 3 diversion program and culturally relevant Mall Safety prevention program. Over the last two years, the work of T3AMS has become an integral part of Southcenter Mall's youth engagement strategy with the full support of the Tukwila Police Department and has been noticed by other organizations seeking to use the program as a benchmark. School Resource Officers - The National Association of School Resource Officers (NASRO) recommends a triad approach to school policing, in which every SRO serves the school community as: (1) a mentor/informal counselor, (2) an educator/guest lecturer, and (3) a law enforcement officer. The former two roles assist the latter role. School resource officers should not be involved in disciplinary issues normally handled by teachers and administrators. NASRO believes that wide acceptance of both its 54 triad concept and its recommendation against involvement in discipline help explain a decrease in rates of juvenile arrests that occurred throughout the U.S. during a period when the proliferation of SROs increased. The benefits of an SRO, in addition to improving security, carefully selected and well-trained SROs bridge gaps between youth and law enforcement, creating positive impressions that transcend the school environment. These officers also help troubled youth change behaviors that might otherwise lead to involvement with the criminal justice system. Coffee with a Cop - Coffee with a Cop is an informal way to improve trust and build relationships between the Community and its Law Enforcement Partners - one cup of coffee at a time. We hold these events several times throughout the year and they are a great way for the public to meet Tukwila officers. Shop with a Cop - Shop with a Cop is a Target sponsored program, which is also known as the Heroes & Helpers program, "helps build positive relationship by pairing officers with underprivileged elementary school students as they shop for holiday gifts for their families with gift cards donated by police and retailers." Touch a Truck - A program focused on kids of all ages to provide an opportunity for them to become familiar with and build relationships with first responders through the vehicles that we use to do our jobs. 55 Community Police Academy - A 13 -week program for people who live or work in Tukwila where they learn about the Tukwila Police Department and what officers have to know to do their job. Additionally, participants hear about what officers see and experience here in our City. Bulldog Academy (High School Students) - In 2017, the Bulldog Academy was created as a means to be more involved with the Tukwila Youth, especially our students. Similar to the Community Police Academy, we teach students about the Tukwila Police Department and how officers do their jobs. It has been a successful program that has improved the Department's relationship with Tukwila students. Night Out Against Crime - Night Out Against Crime enhances the relationship between neighbors and law enforcement while bringing back a true sense of community by allowing for neighbors to build relationships with each other in addition to its local law enforcement. arrAriu*af Tuesday, August 3, 3031 Block Watch - The police department liaisons with neighborhood communities to establish formal community watch programs. Block Watch is a program that is organized by neighbors that work together and in conjunction with the police to reduce crime and improve the quality of life for their neighborhood. 56 Community Forums "Town Halls" - Aside from being an effective way to be transparent, topic focused forums provide a way for the police department to address specific areas of concern for the community. Tuesday, June 15th 6PM VEINAL EVENT VIA Mt TEM MEETING TOPICS • Department a-inellrct • Community emvbpcs • Ct. with the Chief a/ Police MEET THE CHIEF Homeless Outreach Efforts - Homelessness impacts the entire community - Not just the individuals experiencing being homeless. The Tukwila Police Department partners with the other departments in the city to provide resources to the homeless and clean up unhealthy conditions within the city. Co -Responder Programs - The Tukwila Police Department co -responder program is a collaborative approach with Mental Health Professionals designed to address the City of Tukwila's desire to ensure Tukwila's mentally ill and chemically dependent residents have access to community treatment in lieu of incarceration for non-violent misdemeanor offenses. The program also provides appropriate community services to facilitate diversion, including community after-care services. Additionally, the Tukwila Police Department has partnered with other neighboring agencies with a grant that provides for on-call co -responder mental health professional services. Social Media - As mentioned under Transparency, Social media has become the ideal way to get information to the community in the fastest way possible and is an integral part of our community engagement efforts. Active Daily Interactions - The Tukwila Police Department strives to provide the best service possible on a daily basis. Using every interaction with the public as a means to build trust and grow our relationship with the Community. Following the City's core values of Caring, Professional, and Responsive along with the Police Department core values of Leadership, Excellence, Accountability, and Dedication, we are able to create new opportunities to engage with the community and meet their needs. 57 Creating more opportunities for the Community to engage with its Police Department - While the Tukwila Police Department pride's itself on the community engagement that we have been involved in for years, it is important for us to continue to find new ways to continue our outreach efforts. Therefore, through our current methods of community engagement we hope to learn from the community new ways that they would like to see its police department interact with them. 58 FIVE-YEAR STRATEGIC PLAN Utilizing the Department's Community Engagement Plan as a launching point for gathering information on how to best meet the needs of the Tukwila Community, we will put a work group together, including Community Representatives, that will layout a five-year strategic plan that incorporates what we have learned from the Tukwila Community. The following is a schedule of transparency, accountability, and engagement action items: 2021 Third Quarter Schedule Community Forums Initiate COPCAB/PD Survey Post selection process for Community Members to be involved with hiring process ABLE Project Training and implementation Review of SRO positions with Tukwila School district Present Use of Force Review Board Report to Council and then publish to Community. Preparation for Accreditation Process Review and implementation of WA Legislative session passed bills Implement Co -Responder Programs Ongoing efforts to provide outreach to homeless. Hold Community Forums Problem solving with community groups to address specific concerns as they come up through community engagement. 2021 Fourth Quarter Establish work group for 5 -year Strategic Plan Review input from COPCAB/PD Survey and Community Engagements to form the basis of a 5 -Year Strategic Plan for the Police Department. Complete Accreditation process with WASPC Community Police Academy Hold Community Forums Ongoing efforts to provide outreach to homeless. 59 Problem solving with community groups to address specific concerns as they come up through community engagement. 2022 First Quarter Review of 2021 Engagement Plan and report to Council and Community. Update Community Engagement Plan for 2022 60 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 2, 2021- 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: De'Sean Quinn, Acting Chair; Zak Idan, Kate Kruller David Cline, Jay Wittwer, Ben Hayman, Vicky Carlsen, Laurel Humphrey, Eric Dreyer, Juan Padilla Acting Chair Quinn called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA Consensus existed to add consideration of a co -responder program contract with Sound. A. 2021 2nd Quarter Police Department Report Staff presented the report. Committee Recommendation: Discussion only. B. Police Department Community Engagement Plan Staff presented the Plan. Committee Recommendation: Discussion only. Forward to August 9, 2021 Committee of the Whole. II. MISCELLANEOUS The meeting adjourned at 6:50 p.m. Committee Chair Approval Minutes by LH 61 62 UPCOMING MEETINGS AND EVENTS AUGUST 2021 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page). AUG 9 MON AUG 10 TUE AUG 11 WED AUG 12 THU AUG 13 FRI AUG 14 SAT D Finance and Governance 5:30 PM Electronic meeting Transportation and Infrastructure Services 5:30 PM Electronic meeting D City CouncilIn Committee of the Whole Meeting 7:00 PM Electronic meeting - D Community Oriented Policing Citizens Advisory Board 6:30 PM Electronic meeting wc<1_w� / s 9oe FIRE ADVISORY TASK FORCE MEMBERS NEEDED The City of Tukwila is currently seeking community representatives to serve on a new Fire Advisory Task Force. Deadline extended to today. Application for appointment is due by 5:00 PM today. Click here for more information. Tukwila Village Farmers Market HOSTED BY FOOD INNOVATION NETWORK See above for more information. •� I ; L...,, 1 •;�, See �Du the �� • `,' Hazelnut Park Join friends and neighbors to reconnect with good music, free treats and fun! Former Fire Station 52 will be open and City staff will be available to answer questions about the building and future of the property. 5:30 pm -7:30 PM Hazelnut Park 14475 59'h Ave S 3' Rark-Cemmissien Cancelled AUG 16 MON AUG 17 TUE AUG 18 WED AUG 19 THU AUG 20 FRI _ _ AUG 21 SAT D Community Services and Safety 5:30 PM Electronic meeting 1> Planning and Community Development 5:30 PM Electronic meeting City Council Regular Meeting 7:00 PM Electronic meeting D Civil Service CommissionrGr 5:00 PM Electronic meeting M E B LO 0 ,' (.. • Tukwila Village Farmers Market HOSTED BY FOOD INNOVATION NETWORK Come buy fresh produce grown by refugees and immigrants in our community. The Farmers Market follow all public health guidelines to ensure a safe market experience. Please wear a mask to the market, and stay home if you are not feeling well. 4:00 PM — 7:00 PM Wednesdays Jun 23 — Oct 13 Tukwila Village Plaza 14350 Tukwila Intl Blvd Click here to sign up for the emailtime newsletter. TUKWILA BLOOD SHORTAGE! Donate by Aug 31 for a chance to win a foldable Our Kayak and accessories. Your donation is critical! With less than a 24-hour supply of blood on hand for hospitals, more donors are needed to make and keep their appointments with Bloodworks Northwest. This shortage has left our community's blood supply at emergency levels, risking the inability to meet patient needs. Your gift of blood and saves lives. To schedule an appointment, call 206-241-6300 or Click here to schedule an appointment online. ., 9s COVID-19 FINANCIAL RESOURCES FOR RESIDENTS, WORKERS AND BUSINESSES i Many changes are happening in response o the COVID-19 virus and federal, state and local governments are working to help. The City of Tukwila has i' compiled a range of information developed by various agencies and governments that may be helpful to our businesses, workers, and residents. Ta== Click here for more information and resources. Free meals, snacks, activity kits and other essentials! Tukwila Parks and Recreation will deliver free meals, activity kits and snacks. igh PARK N PLAY PROGRAM FOR CHILDREN 18 YEARS OF AGE AND YOUNGER JUL 6 through AUG 19 TUE & THU 11:00 AM —1 PM CASCADE VIEW COMMUNITY PARK CRESTVIEW PARK TUKWILA COMMUNITY CENTER ' TUKWILA COMMUNITY CENTER SPRAY PARK IS OPEN FOR THE SUMMER! 10:00 AM — 8:00 PM F. Have a splash with your friends and families at the Spray Park! DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:30 PM -teat. Tukwila Pantry is in need of shopping bags. VOLUNTEERS — In need of volunteers between 8 AM —1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions Tuesdays, Thursdays and Saturdays. To sign-up to volunteer, visit https://www.signupgenius.com/go/9040a4dabac2ea1f85-volunteer2. DONORS — Please donate at TukwilaPantry.org. King County KCLS LIBRARIES REOPEN TO FULL CAPACITY! 14380 TUKWILA INTERNATIONAL BLVD LibrarySystem You can pick up holds, browse, use computers, print and get help from staff. Curbside pick-up is no longer available. No events will be held inside Y library buildings. For hours of operation, visit kcls.org/locations/154/ or call 206-242-1640. COVID-19 VACCINATION Public Health iii All Washingtonians ages 12 and up are eligible to receive a COVID-19 vaccination. Seattle s Sing county For more information, visit kingcounty.gov/vaccine or call 206-477-3977. Interpreters are available for assistance. For telephone -to -text relay service, dial 711 or 1-d800-833-6384. For tactile interpretation, visit seattledbsc.org. BILL PAYMENT ASSISTANCE PROGRAMS FOR RESIDENTIAL CUSTOMERS 40 sa iro PSE offers two bill payment assistance programs for residential customers to help pay your electric or natural gas bills. Eligibility is based on your ENERGY household income and the number of people that live in your home. For more information, visit: www.pse.com/pages/bill-and-weatherization-assistance Available in other languages: CN I ES I HI I RU I VI 63 64 Tentative Agenda Schedule MEETING 1 - REGULAR MEETING 2- C.O.W. MEETING 3- REGULAR MEETING 4 - C.O.W. AUGUST 2 See below link for the agenda packet to view the agenda items: August 2, 2021 Regularcamera Meeting AUGUST 9 See below link for the agenda packet to view the agenda items: August 9, 2021 Committee of the Whole Meeting AUGUST 16 Presentation AUGUST 23 Special Issues Oath of Office to Joe Curl on promotion to Fire Captain; Firefighters Sen MacMillan and Donald Parker. Consent Agenda - COVID-19 Weekly Report. - Resolution relating to automated traffic safety revenue. - Request for 1 FTE Court Support Case Manager. - A resolution regarding the Transit -Oriented Development Housing Strategies Plan. Special Meeting to be followed by Committee of the Whole Meeting. Consent Agenda - Park Lease Agreements: - Authorize the Mayor to sign a lease agreement with the Tukwila School District for the Duwamish Park. - Authorize the Mayor to sign a lease agreement with the Tukwila School District for the Joseph Foster Memorial Park. - Authorize the Mayor to sign a lease agreement with the Tukwila School District for the Riverton Park. - Award a bid and authorize the Mayor to sign a contract with Titan Earthwork for the 2021 Annual Small Drainage Program in the amount of $728,225 (plus contingency). - Authorize the Mayor to sign Change Order No. 3 to Contract #20-118 with Marshbank Construction for the East Marginal Way South Outfalls Project, in the amount of $211,011.80. Unfinished Business Resolution relating to automated traffic safety camera revenue. - COVID-19 Weekly Report. - Authorize the Mayor to sign a lease agreement with Enterprise FM Trust for the Fleet Management Program. - Impact Fee Exemptions for Early Learning Facilities: - Ordinance amending Ordinance No. 2571 §6, as codified at Tukwila Municipal Code (TMC) Section 16.26.030, and Ordinance No. 2571 §15, as codified at TMC Section 16.26.120, to add an exemption to Fire Impact Fees for early learning facilities; providing for severability; and establishing an effective date. - Ordinance amending Ordinance No. 2572 §6, as codified at Tukwila Municipal Code (TMC) Section 16.28.030, and Ordinance No. 2572 §15, as codified at TMC Section 16.28.120, to add an exemption to Park Impact Fees for early learning facilities; providing for severability; and establishing an effective date. - Ordinance amending Ordinance Nos. 2521 §1, 2305 §1, and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, and Ordinance Nos. 2622 §4 and 2521 §2, as codified at TMC Section 9.48.125, to add an exemption to transportation Impact Fees for early learning facilities; providing for severability; and establishing an effective date. MEETING 1 - REGULAR MEETING 2- C.O.W. MEETING 3- REGULAR MEETING 4 - C.O.W. SEPTEMBER 7 SEPTEMBER 13 Public Hearing SEPTEMBER 20 Presentation SEPTEMBER 27 Special Issues * HAP LABO4 b\ . * Meeting cancelled holiday t Y DAY . week. I ,41 !rsi, due to a An ordinance regarding House Bill 1220 Code Amendments. - Tukwila South Design Guidelines. Special Issues Presentation from Cascade Water Alliance. Unfinished Business - COVID-19 Weekly Report. - Small Cell Ordinance. - A resolution adopting the Tukwila Pond Master Plan. - COVID-19 Weekly Report. - House Bill 1220 Code Amendments. - Tukwila South Design Guidelines. - An ordinance regarding House Bill 1220 Code Amendments. - Tukwila South Design Guidelines. - COVID-19 Weekly Report. - Tukwila Arts - Arts % Program Update. Special Meeting to be followed by Committee of the Whole Meeting. Unfinished Business - Request for 1 FTE Court Support Case Manager. - A resolution regarding the Transit -Oriented Development Housing Strategies Plan.