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HomeMy WebLinkAboutReg 2023-10-02 COMPLETE AGENDA PACKETMonday, -1 MEETING -SITE THE Tukwila City Council Agenda •:• REGULAR MEETING + *ILA w o - tig o�2Allan 2905 THE ON October Ekberg, Mayor Counci/members.• + Kathy Hougardy + De'Sean Quinn David Cline, City Administrator + Kate Kruller + Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp WILL PRESENCE PHONE For 2, 2023; BE CONDUCTED BOTH ON -SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). NUMBER FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Technical Support during the meeting call: 1-206-433-7155. 7:00 PM • Ord #2711 • Res #2079 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 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 Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. CONSENT AGENDA a. Approval of Minutes: 9/18/23 (Regular) b. Approval of Vouchers c. Accept as complete the 2022 Overlay Program project (Contract #22-078) with Tucci and Sons Inc.; authorize release of retainage, subject to the standard claim and lien procedures (final cost of project, including retainage: $1,498,073.89). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 9/18/23.1 d. Authorize the Mayor to sign an agreement with the Washington State Department of Transportation (WSDOT) for the Transportation Demand Management Program allocation for 2023- 2025, in the amount of $93,300.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 9/18/23.1 Pg.1 Pg.9 (continued...) REGULAR MEETING October 2, 2023 Page 2 5. UNFINISHED BUSINESS a. Financial Sustainability Plan: Process and Product Framing. Brian Murphy, Principal, BERK Consulting. b. An ordinance amending various ordinances as codified in Tukwila Municipal Code (TMC) Chapter 21.04, "State Environmental Policy Act"; Repealing Ordinance Nos. 1331 §8, §33; 1853 §6, §7; and 2502 §2, §3; To increase flexible thresholds for minor new construction, remove outdated references, and update code provisions. c. Authorize the Mayor to sign a grant agreement for the Re+ grant from King County Solid Waste Division, in the amount of $83,000.00. Pg.17 Pg.49 Pg.59 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report, Monthly Construction & Budget Report 8. MISCELLANEOUS 9. EXECUTIVE SESSION Potential Litigation — Pursuant to RCW 42.30.110(1)(i). (45minutes) NO action will follow in the open meeting. 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 10/02/23 JR ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: MIKE RONDA ORIGINAL AGENDA DATE: 10/02/23 AGENDA ITEM TITLE 2022 Overlay and Repair Project Project Completion and Acceptance CATEGORY ❑ Discussion Mtg Date 11 Motion Date 10/02/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance ❑Fire TS ❑P&R Police IIPIF ❑Court SPONSOR'S The Notice to Proceed for Contract Number 22-078 with Tucci and Sons Inc was issued on SUMMARY July 14, 2022. Construction was physically completed on August 9, 2023. Council is being asked to formally accept the 2022 Overlay and Repair Project construction contract with Tucci and Sons Inc as complete and authorize the release retainage, subject to standard claim and lien release procedures. REVIEWED BY I Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 09/18/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/02/23 MTG. DATE ATTACHMENTS 10/02/23 Informational Memorandum dated 09/15/23 Photos Project site map Minutes from Transportation and Infrastructure Committee meeting of 09/18/23 1 2 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Public Works Director BY: Michael Ronda, Project Manager CC: Mayor Allan Ekberg DATE: September 15, 2023 SUBJECT: 2022 Overlay and Repair Project - Project No. 80010401, Contract No. 22-078 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of insurance, retainage and performance bond. BACKGROUND The Notice to Proceed for Contract No. 22-078 with Tucci and Sons Inc, of Tacoma, Washington was issued on July 14, 2022 for the 2022 Overlay and Repair Project. The project included: pavement repairs, sidewalk improvements, signal improvements, and an asphalt overlay at seven locations citywide. For the 2022 Overlay, multiple projects related to City street improvements were combined to take advantage of economies of scale and improved coordination between different aspects of the work, including Overlay & Repair, Small Drainage, ADA improvements, and the Neighborhood Traffic Calming Program (NTCP). The attached map shows the areas for the various components. ANALYSIS Construction was physically complete on August 9, 2023 after an extended punch list performance by the contractor. The budget for the 2022 Overlay & Repair construction was $1,612,609.75 prior to contingency. An 8% contingency was applied to the bid amount, bringing that total authorized for construction to $1,741,618.53. One Change Order was performed under the contract for additional conduits at the 144th pedestrian crossing. A portion of the work was removed from the contract to provide time for Water District 125 to upgrade an old waterline in 37th Ave S. That work was deferred to this year's Annual Overlay scope. Under -runs were primarily due to fewer quantities needed during the roadway excavation, haul and repair of the various roadway sections. Construction Contract Amount $1,612,609.75 Additions/Change Orders 26,665.52 Under -runs (141,201.38) Total Amount to be Paid $ 1,498,073.89 RECOMMENDATION Council is being asked to formally accept the project as complete and authorize the release of the insurance, retainage and performance bonds, subject to standard claim and lien release procedures, for the 2022 Overlay and Repair Project construction contract with Tucci and Sons, Inc. in the final amount of $1,498,073.89 and consider this item on the Consent Agenda at the October 2, 2023 Regular Meeting. ATTACHMENT - Project Site Map Before and After Photos https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2023 Agenda Items/TIC 09-18-23/2.2022 Annual Overlay - Closeout/Info Memo 2022 Overlay Closeout.docx 3 4 uo• r1 r t » iFl tiiFr • f [ L%* x r 5Lia 5 ''F �Eo - ‘„YrL .rar 5 140TH ST. 5 14I $T 5T, 142Np ST. 37TH A1dE S • ' r. • [yR mar • LLE•JT.^nra RP.FR �5 144TH T k ik.lkl AVE FEWFail 1 ..1..F - t 'Err -' Ip Imrr''ap•r r ; 4.:„ " # t fi r �:y..1:__' rl x: i er p � x i ' J y.� R t _ _t r y ' , :i 4 �' - � � � I.aa • zx A^ c 11 oat MA � y4t [rY I BID DOCUMENTS 2022 TUKWILA OVERLAY Mt UM ElI caY.DWG aw6 I. - 40 6 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September18, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Mohamed Abdi, Cynthia Delostrinos Johnson Staff Present: Hari Ponnekanti, Colleen Minion, Mike Ronda, Cyndy Knighton, Alison Turner, Laurel Humphrey I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Acceptance: RE+ City Grant Program Staff is seeking Council approval to accept RE+ grant funding from King County in the amount of $83,000 to support food service businesses in organics services and compliance. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Meeting. B. Project Completion: 2022 Overlay and Repair Staff is seeking Council approval of project completion and release of retainage for the 2022 Overlay and Repair Project in the amount of $1,498,073.89. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Consent Agenda. C. Transportation Demand Management Program Allocation Staff is seeking Council approval to accept the biennial WSDOT TDM allocation in the amount of $93,000. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Consent Agenda. Miscellaneous Councilmember Delostrinos Johnson inquired about the status of the crosswalk near the Allentown pedestrian bridge. The project is not yet complete. The meeting adjourned at 6:12 p.m. Committee Chair Approval Minutes by LH 7 8 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/2/23 AT ITEM INFORMATION ITEM NO. 4.D. STAFF SPONSOR: ALISON TURNER ORIGINAL AGENDA DATE: 10/2/23 AGENDA ITEM TITLE WSDOT TDM Program Allocation 2023-2025 CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 10/2/23 ❑ Resolution Mfg Date ❑ Ordinance Mfg Date ❑ Bid Award Aitg Date ❑ Public Hearing Mtg Date ❑ Other bltg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Transportation Demand Management (TDM) Program is asking for approval to accept Washington State Department of Transportation (WSDOT) TDM allocation funding. The City has been awarded $93,300 for the 2023-2025 biennium. The Council is being asked to accept the award and approve the contract. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 9/18/23 COMMITTEE CHAIR: SHARP RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $ AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/2/23 MTG. DATE ATTACHMENTS 10/2/23 Informational Memorandum dated 9/12/23 Award Letter Minutes from the 9/18/23 Transportation & Infrastructure Services Committee meeting 9 10 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, A1CP, Director TO: Transportation & Infrastructure Services Committee FROM: Nora Gierloff, DCD Director BY: Alison Turner, Sustainable Transportation Program Manager Chris Andree, Sustainable Transportation Outreach Coordinator CC: Mayor Ekberg DATE: September 12, 2023 SUBJECT: WSDOT TDM Program Allocation 2023-2025 ISSUE The Transportation Demand Management (TDM) Program is asking for approval to accept the biennial Washington State Department of Transportation (WSDOT) TDM allocation funding (also known as the Commute Trip Reduction (CTR) Program). BACKGROUND The City's CTR Program is mandated by the state and operational since 1991. There are 16 CTR- affected worksites in Tukwila (including the City of Tukwila). Employers are required to complete biennial Program Reports and Employee Surveys to track progress toward goals. The TDM Program provides many services to assist employers with implementation of TDM Programs including consultation, training for Employee Transportation Coordinators, and employee outreach support. DISCUSSION WSDOT has provided a biennial allocation for the City's TDM Program since 1993. Funding had been flat at $74,204 for many years but as a result of the Move Ahead Washington transportation package passed in 2022, the funding formula was updated and the amount increased to $93,300. The work plan will include updating the City's CTR Plan, which was last updated for 2015-2019. FINANCIAL IMPACT There will be no impact to the general fund. The allocation provides a consistent source of funding for the TDM Program, which is leveraged by concurrent TDM grants. RECOMMENDATION The Council is being asked to accept the $93,300 award from WSDOT and consider this item on the Consent Agenda at the October 2, 2023, Regular Meeting. ATTACHMENTS Attachment A: Award Letter Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 11 12 Washington State W. Department of Transportation June 23, 2023 Alison Turner City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Subject: 2023-2025 Commute Trip Reduction formula grant distribution Dear Alison Turner: Congratulations! We are pleased to distribute your organization's Commute Trip Reduction (CTR) formula grant for the 2023-2025 biennium. The Washington State Department of Transportation (WSDOT) is distributing CTR grant funding to 28 organizations across the state to assist regional transportation planning organizations, counties, cities, and towns in implementing CTR plans. Program Commute Trip Reduction Emergency Ride Home Total Award CTR formula distribution for 2023-2025 $93,300 $93,300 The Transportation Demand Management Technical Committee determined your allocation of program funds. CTR formula funds are reimbursable for grant -related activities beginning July 1, 2023. Project expenditures accrued prior to this date may not be charged to your award. Matthew Cramer, community liaison, is your primary WSDOT contact, who will assist you with all aspects of your project. You can reach Matthew at matthew.cramer@wsdot.wa.gov or 360- 905-2152 should you have questions or concerns. We look forward to finalizing your grant agreement and funding your project so that we can help you provide valuable services in your community. Again, congratulations! 13 Alison Turner June 23, 2023 Page 2 Sincerely, Jill Nordstrom, grants and community partnerships manager Public Transportation Division JN: dl cc: Christopher Andree, City of Tukwila Matthew Cramer, WSDOT Firas Makhlouf, WSDOT Evan Olsen, WSDOT Ricardo Gotla, WSDOT 14 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September18, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Mohamed Abdi, Cynthia Delostrinos Johnson Staff Present: Hari Ponnekanti, Colleen Minion, Mike Ronda, Cyndy Knighton, Alison Turner, Laurel Humphrey I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Acceptance: RE+ City Grant Program Staff is seeking Council approval to accept RE+ grant funding from King County in the amount of $83,000 to support food service businesses in organics services and compliance. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Meeting. B. Project Completion: 2022 Overlay and Repair Staff is seeking Council approval of project completion and release of retainage for the 2022 Overlay and Repair Project in the amount of $1,498,073.89. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Consent Agenda. C. Transportation Demand Management Program Allocation Staff is seeking Council approval to accept the biennial WSDOT TDM allocation in the amount of $93,000. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Consent Agenda. Miscellaneous Councilmember Delostrinos Johnson inquired about the status of the crosswalk near the Allentown pedestrian bridge. The project is not yet complete. The meeting adjourned at 6:12 p.m. Committee Chair Approval Minutes by LH 15 16 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/2/23 LH ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 10/2/23 AGENDA ITEM TITLE Financial Sustainability Plan Process and Product Framing CATEGORY ® Discussion Mtg Date 10/2/23 ❑ 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 ❑ PIG SPONSOR'S SUMMARY Berk will present a draft Financial Sustainability Plan Process and Product Framing for Council discussion, and is seeking Council consensus on the Process Guidance and Evaluative Criteria. Recruitment efforts for the community committee are underway. REVIEWED BY D Trans&Infrastructurc Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 9/25/23 COMMII`I'EE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/2/23 MTG. DATE ATTACHMENTS 10/2/23 Powerpoint Presentation Financial Sustainability Plan Process and Product Framing - Review Draft 9/26/23 Minutes from the 9/25/23 Finance & Governance Committee meeting (distributed separately) 17 18 CITY OF TUKWILA FINANCIAL SUSTAINABILITY PLAN PROCESS AND PRODUCT FRAMING CITY COUNCIL PRESENTATION 1 OCTOBER 2, 2023 PRESENTATION OUTLINE ■ Project Purpose and Committee Charge ■ Direction from City Council: Process Guidance and Evaluative Criteria ■ Proposed Committee Agreements ■ Anticipated Meeting Process ■ Sustainability Plan Outline II 2 PROJECT PURPOSE AND COMMITTEE CHARGE PROJECT PURPOSE Key questions to be answered include: • How can the City best use its limited financial resources to meet the priorities of the community? Is the City using the right tools to achieve long-term financial sustainability? • How should the City's programs and services be calibrated with the community members' desires and willingness to pay? • How can impacts to residents and businesses be most equitably balanced, including consideration of the range of household wealth and business size present in Tukwila? The City is implementing two interrelated planning processes to answer these questions and establish the City's long-range financial strategy: a Financial Sustainability Plan and a Utility Rate Study. II 4 FINANCIAL SUSTAINABILITY COMMITTEE CHARGE • Representatives of Tukwila's residential and business communities. • Input of the Committee is intended to advisethe consulting team and City Council. Members of the Financial Sustainability Committee will: • Review information about the City's financial condition and factors that will impact future revenues and expenditures. • Review options for enhancing the City's financial sustainability. • Prepare recommendations for the Mayor and City Council. 5 DIRECTION FROM CITY COUNCIL: PROCESS GUIDANCE AND EVALUATIVE CRITERIA PROCESS GUIDANCE The process for developing the Financial Sustainability Plan must be: ■ Inclusive. ■ Open, Accessible, and Fair. ■ Tukwila -specific. ■ Analytically -based. ■ Transparent. 7 EVALUATIVE CRITERIA Ensure that final recommendations balance the City's financial sustainability, the provision of City services that meet community expectations, and equity in costs and services. Options and strategies should be evaluated against at least the following criteria: ■ Equity. ■ Cost. • Magnitude and Growth. • Stability. ■ Sustainability. ■ Alignment with Priorities. • Feasibility. ■ Impact to Other Services. II 8 PROPOSED COMMITTEE AGREEMENTS i' OPERATING GUIDELINES ■ Regular meeting time and schedule of dates. ■ Meetings will start and end on time, with a strong preference for in -person participation. ■ Meeting summaries, including a list of members present. ■ Email for Committee coordination and sharing materials in advance of meetings. ■ Substantive issues discussed in meetings rather than through e-mail. ■ Committee members will direct any media inquiries to City staff. II 10 COMMITTEE MEMBER RESPONSIBILITIES Individual Committee members are expected to: ■ Prioritize consistent meeting attendance and join in -person whenever possible. ■ Understand and articulate the project purpose and the Committee's charge. ■ Serve as a resource to other members of the community. ■ Prepare for Committee meetings. ■ Communicate questions, issues, and suggestions to the project management team. ■ Be productive and creative contributors. ■ Participate in conversations respectfully and productively. 11 COMMITTEE MEMBER DISCUSSION GUIDELINES ■ Commit to collaboration, teamwork, and compromise to seek consensus on recommendations. ■ Assume good intentions, listen to understand, and create space for others. ■ Proactively share insights and opinions. ■ Respect and acknowledge both differences and similarities. ■ Recognize the validity and value of different perspectives. ■ Allow other participants to have changes of opinion. ■ Build on points of agreement and expect that Committee members may disagree on some ideas. II 12 FRAMEWORK FOR DECISION -MAKING ■ Options will be assessed based on Evaluative Criteria established by the City Council and endorsed by the Committee. ■ Our goal is unanimous consensus, meaning that all Committee members understand and can support, or live with, the guidance to be shared with the City, with the objective of achieving unity if not complete unanimity. ■ Recommendations may be made by majority option, with the report describing the range of perspectives. ■ Members may need to consult with their organizations or communities before making or endorsing recommendations. w -‘ II 13 ANTICIPATED MEETING PROCESS MEETING SCHEDULE ■ Meeting 1: Kickoff and Context (October) ■ Meeting 2: City Programs and Services (November) ■ Meeting 3: City Programs and Services, continued (December) 4 Update to City Council (likely early January) ■ Meeting 4: Options Discussion (January) 4 Update to City Council ■ Meeting 5: Recommendations Discussion (February) 4 Final delivery of recommendations to City Council 15 SUSTAINABILITY PLAN OUTLINE II REPORT OUTLINE • Introduction and Background • Project purpose and current context in Tukwila that is impacting long-term financial sustainability. • About the Financial Sustainability Committee • Committee charge and formation; summary of meeting schedule, materials, and discussion topics. • The City's Financial Condition • General funding financial forecast and major drivers; programs and services; capital needs; short- and long-term financial challenges, with benchmarking. • Options • Summary of options and evaluation. • Recommendations and Next Steps • Short- and long-term strategies for Council consideration, including both revenue- and cost -side strategies; description of how the plan will be used in the future. • Appendices: Community Profile, Peer Benchmarking, and others TBD. 17 36 City of Tukwila Financial Sustainability Plan I Process and Product Framing Review Draft 9/26/23 The following draft content has been developed for discussion at the first meeting of the Financial Sustainability Committee. Contents Project Purpose and Committee Charge 2 Direction from City Council: Process Guidance and Evaluative Criteria 4 Proposed Committee Agreements 6 Anticipated Meeting Process 8 Sustainability Plan Outline 9 :ill 0 1 37 Project Purpose and Committee Charge The City of Tukwila is planning for a financially sustainable future that balances the cost of City programs, services, and infrastructure investments with equitable impacts to taxpayers and ratepayers. As the City comes out of the pandemic, ongoing budget challenges remain. The City adopted strategies to balance the 2023-2024 budget, including new revenue tools. Key questions to be answered include: ■ How can the City best use its limited financial resources to meet the priorities of the community? Is the City using the right tools to achieve long-term financial sustainability? • How should the City's programs and services be calibrated with the community members' desires and willingness to pay? • How can impacts to residents and businesses be most equitably balanced, including consideration of the range of household wealth and business size present in Tukwila? The City is implementing two interrelated planning processes to answer these questions and establish the City's long-range financial strategy. A Financial Sustainability Plan will: • Reflect the Tukwila community's needs, values, and priorities. • Consider how programs and services may change as the community continues to grow and change. • Provide short-term and long-range strategies to maintain the City's financial stability, guiding both operating and capital investments. The Financial Sustainability Plan will be guided by a Financial Sustainability Committee and the Tukwila City Council. It will be developed in collaboration with City staff and supported by BERK Consulting. A Utility Rate Study will: ■ Help the City plan for financing major utility (water, sewer, and surface water) infrastructure projects. • Include recommendations for rates that: o Align with customer usage. o Can be adjusted as the community grows. o Are equitable in their treatment of different customer types and their ability to pay. This utility rate study will be supported by staff of FCS GROUP who will work in collaboration with City staff and in conjunction with the Financial Sustainability Committee and Tukwila City Council. 38 :111 Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 2 Financial Sustainability Committee Charge Representatives of Tukwila's residential and business communities will provide guidance and feedback to the work of the consulting team as the Financial Sustainability Plan and Utility Rate Study are developed. The input of the Committee is intended to advise the consulting team and City Council; the Committee is not a decision -making body itself. Members of the Financial Sustainability Committee will: • Review information about the City's financial condition and factors that will impact future revenues and expenditures. • Review options for enhancing the City's financial sustainability. • Prepare recommendations for the Mayor and City Council. .11I Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 3 39 Direction from City Council: Process Guidance and Evaluative Criteria [Introductory text will be similar to this: On October 2, 2023, the Tukwila City Council approved the following guidance to inform the planning process and Financial Sustainability Committee's evaluation of options. This guidance may be modified by a recommendation of the Financial Sustainability Committee if subsequently approved by Council.] Process Guidance The process for developing the Financial Sustainability Plan must be: ■ Inclusive. The planning process must be conducted in a way that is fully inclusive of Committee member perspectives, providing members opportunities to voice their opinions in a way that is comfortable for them. In addition, it is critical that supporting analysis and strategy development fully considers the diverse range of residents and businesses that make up the Tukwila community. ■ Open, Accessible, and Fair. Every effort must be made to eliminate barriers to participation in the planning process, making it easy for Committee members to contribute effectively. This may include consideration of financial and language barriers, as well as the provision of additional support between meetings to make sure all Committee members have a full grasp of analytic materials provided to them. ■ Tukwila -specific. The Committee should be guided by Tukwila -specific values and context, including an understanding of community demographics, Tukwila's particular revenue base, and the importance of City services to community members. ■ Analytically -based. Committee thinking and recommendations should be informed by expert financial analysis, best practices, and benchmarking provided by City staff and the consulting team. ■ Transparent. Meeting materials should be shared with Financial Sustainability Committee members in advance of meetings. All meeting materials, including meeting summaries, should be posted on the City's website for easy access by all members of the Tukwila community. Evaluative Criteria As the Committee develops its recommendations, options and strategies should be evaluated against at least the following criteria to ensure that final recommendations balance the City's financial sustainability, the provision of City services that meet community expectations, and equity in costs and services. ■ Equity. Who will the strategy impact and how will that be different among different residential and business groups? Who would be helped and who would be harmed, and how does that correspond to historical and structural patterns? ■ Cost. What is the cumulative impact of costs imposed by the City and other levels of government on these groups? How can impact be best aligned with ability to pay? How can impact be best aligned with benefit received, so there is a direct relationship between contribution and benefit? 40 :l1I Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 4 • Magnitude and Growth. How meaningful will the impact of potential strategies be compared to the City's overall budget? How will this magnitude change over time? • Stability. Is the strategy firm and steady or is it volatile and subject to large fluctuations? • Sustainability. Can the strategy continue into and be counted on in the future? • Alignment with Priorities. How well does the strategy align with the community priorities? Can strategies adapt over time as community priorities change? • Feasibility. Can the City practically implement the strategy, with a reasonable level of effort and within a reasonable period of time? How politically feasible is this strategy? What type of approval does it need? • Impact to Other Services. If a strategy is implemented, how might it directly or indirectly impact the provision of other services? City of Tukwila Equity Policy Tukwila's Equity Policy (Resolution 1921, adopted by the Tukwila City Council in 2017), will guide both process and evaluation of recommendations. Equity is defined in the Policy as "Eliminating systemic barriers and providing fair access to programs, services and opportunities to achieve social, civic and economic justice within the City of Tukwila." The Resolution establishes six Policy Goals which are listed here. These are listed below, with supporting text provided for those Policy Goals that are particularly relevant to the Financial Sustainability planning process. 1. Our City workforce reflects our community. 2. Community outreach and engagement is relevant, intentional, inclusive, consistent and ongoing. 3. All residents and visitors receive equitable delivery of City services. The City will identify strategies that facilitate equitable access to current and future City services and facilities, regardless of race/ethnicity, language, ability, gender, age, family status, geography, and mode of transportation. 4. City government is committed to equity in the decision -making process. The City will identify strategies to facilitate equitable access to decision -making, where the decisions themselves -- and the process and context in which they are made -- are transparent. equity serves as a core value for all long-term plans moving forward. 5. Equity serves as a core value for all long-term plans moving forward. The City will apply its Equity Toolkit in its evaluation of outcomes and strategies. 6. The City will build capacity around equity within City government and the broader community. :All Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 0 5 41 Proposed Committee Agreements The following proposed agreements will be reviewed and revised by the Committee during its first meeting. Operating Guidelines ■ A regular meeting time and schedule of dates for meetings will be communicated at the first meeting of the Committee. ■ Meetings will start and end on time, with a strong preference for in -person participation. ■ Meeting summaries will be prepared following each meeting, summarizing the issues discussed and the decisions reached. A list of members present will be included in the meeting summary. ■ Email will be used for Committee coordination and to share agendas and materials in advance of meetings. Substantive issues will be discussed in the meetings rather than through e-mail dialogue. ■ Committee members will direct any media inquiries to City staff. Committee Member Responsibilities and Discussion Guidelines Individual Committee members are expected to: ■ Prioritize consistent meeting attendance, joining Committee meetings in -person whenever possible. • Understand and be able to articulate the project purpose and the Committee's charge. • Serve as a resource to other members of the community who want to learn more about this process. ■ Prepare for Committee meetings by reviewing meeting content and providing any requested input in advance. ■ Communicate questions, issues, and suggestions to the project management team, who will coordinate actions and responses. ■ Be productive and creative contributors. ■ Participate in conversations respectfully and productively by: Ei Committing to collaboration, teamwork, and compromise to seek consensus on recommendations. Ei Assuming good intentions and listening to understand, creating space for others to comfortably contribute their ideas. Ei Proactively sharing insights and opinions. Ei Respecting and acknowledging both differences and similarities, recognizing the validity and value of different perspectives. Ei Allowing participants to have changes of opinion. Ei Building on points of agreement and expecting that Committee members may disagree on some ideas. 42 il11 Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 6 Framework for Decision -Making ■ Options will be assessed based on Evaluative Criteria established by the City Council and endorsed by the Committee. • Our goal is unanimous consensus, meaning that all Committee members understand and can support, or live with, the guidance to be shared with the City, with the objective of achieving unity if not complete unanimity. ■ Recommendations may be made by majority option, with the report describing the range of perspectives. ■ Members may need to consult with their organizations or communities before making or endorsing recommendations. 111 Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 7 43 Anticipated Meeting Process The Financial Sustainability Committee will meet five to six times between October 2023 and March 2024. This document provides an overview of the content planned for each meeting. Detailed agendas, presentations, and background materials will be prepared in advance of each meeting. Meeting 1. Kickoff and Context (October) Welcome and introductions, review of kickoff materials, overview of Tukwila community profile, and overview of the City's financial history and forecast. At the end of this meeting, members will have a shared understanding of the Committee's role, the goals of this project, and context for future discussion. Meeting 2. City Programs and Services (November) Brief presentations from City staff describing City programs and services, priorities, needs, and funding sources. Highlights from peer benchmarking and best practices research. At the end of this meeting, members will understand the City's service priorities and needs and may identify findings from peer benchmarking research that can be brought forward in the options discussion. Meeting 3. City Programs and Services, continued (December) Brief presentations from City staff describing City programs and services, priorities, needs, and funding. Highlights from the Utility Rate Study and how this work will impact the Financial Sustainability Plan. At the end of this meeting, members will share their thoughts on service priorities that will prepare for future discussion on options. Meeting 4. Options Discussion (January) Discussion of options to consider based on City values and the Community Profile, service priorities, and peer benchmarking information. The Committee will be presented with packages of options for discussion and will determine how they measure against Evaluative Criteria. At the end of this meeting, members will share their initial preferences for options. [Between Meeting 4 and Meeting 5, the City could have opportunities for broader community engagement and/or additional business engagement, which would shift the timeline for Meeting 5 and conclusion of the work] Following this meeting, the consulting team will present an update on the Committee's findings and discussion to City Council. Following this meeting, the consulting team will present an update on the Committee's findings and discussion to City Council. Meeting 5. Recommendations Discussion (February) Discussion of recommendations based on preferred options. At the end of this meeting, Committee members will agree on recommendations. Another meeting may be necessary to finalize recommendations. Final recommendations will inform Spring budgeting process. 44 All Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing Sustainability Plan Outline The outline below has been developed as a general guide for the work of the Committee and consulting team. The final product may evolve from this starting point over the course of the planning process. The final Financial Sustainability Plan will provide directional, strategy -level recommendations for consideration by City Council. The Plan may include specific recommendations such as the implementation of particular revenue tools but will not be at the same level of detail as the City's budget. Introduction and Background ■ A description of the purpose of this project and what is the City trying to achieve. ■ A summary of the current context in Tukwila that is impacting long-term financial sustainability, such as recent actions taken to increase revenue or reduce expenditures, citywide plans or initiatives, or trends that will impact the City's program and service delivery. About the Financial Sustainability Committee ■ The role of the Committee — how the Committee was formed, its charge, how many times it met, what materials it reviewed, and the meeting topics. The City's Financial Condition ■ An overview of the City's General Fund financial forecast and major revenue and expenditure drivers. ■ An overview of programs and services the City provides. ■ An overview of the City's capital needs. ■ A description of short- and long-term financial challenges, which may include factors such as revenue limitations or unfunded needs. ■ This section may include comparisons to peer cities where relevant, such as revenue mix, revenue tools used, and services provided. Options ■ A description of the packages of options considered by the Committee and the criteria used to evaluate options. Recommendations and Next Steps ■ A list of short- and long-term strategies for consideration by the City Council and their impact on the City's financial condition. These strategies will address operating and capital needs. Strategies may include adjustments to revenues and costs. 111 Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 9 45 ■ How this plan will be used in the future, such as describing processes to revisit and revise strategies and this plan's alignment to the City's budget process. Appendices ■ Tukwila Community Profile and Peer benchmarking summary. 46 III Review Draft 9/26/23 City of Tukwila I Financial Sustainability Plan — Process and Product Framing 10 Tukwila Financial Sustainability Plan and Utilty Rate Study Project Schedule, last updated 9/1 3/23 Year Weeks since year start Mondays Council Attendees Committee(s) Purpose In progress 1 Internal Draft 1.5 External Draft 2 Meeting 4 Final Deliverable 5 End 6 • CO N CO V h'0 N CO O, CO CO CO CO CO CO CO CO CO M n \ \ CO CO N CO CO v \ \ CO P oD P P N N P 0 N CO V Lt) '0 N CO P 0 V V V V V V V V V V Vt) () N P \ \ 0 0 O CO 0 N (") \ \ 0 0 M O N N N V N N N vs CO h N \ \ N N N 0 0 N N 0 0 N N 0 0 N N 0 0 N N 0 N N 0 N N 0 N N 0 0 N N 0 0 N N M V h'0 N W P h a) N P N N h N N U \ \ N N N 0 0 N N 0 0 N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N 0 N CO V h 'O N CO U O N N N N N V \ N CO CO h N \ \ \ CO CO CO V h 07 V V N P N N \ \ ✓ V h CO 0 N \ \ h h N h Ends week starting Project Management and Council Briefings Project Kick-off Ongoing coordination/Project Management Staff Workgroup Meetings (monthly) Council briefing Council briefing Council briefing Council briefing Council briefing Council briefing Council briefing Council briefing Council briefing BERK, FCS BERK, FCS BERK BERK BERK BERK FCS BERK BERK FCS FCS BERK FinGov, COW FinGov Council COW COW COW COW COW COW Share project and Committee overview Share Committee meeting plan Share Committee meeting plan Council confirmation of Committee members Rate Study 101 Project updates Project updates Review sample utility bills Review final rate study Review final sustainability report 9/25/2023 8/28/2023 9/25/2023 10/2/2023 10/9/2023 10/23/2023 1/22/2024 2/12/2024 3/4/2024 4/15/2024 4/22/2024 Financial Sustainability Plan Review other plan documents Review City's financial forecast Interview city staff (up to 10) Review/inventory programs and services Project future usage Benchmark to peer cities (up to 5) Facilitate Advisory Committee (up to 6) Prep - recruit members, develop content Meeting 1 Meeting 2 Meeting 3 Meeting 4 Meeting 5 Meeting 6 Develop model and financial sustainability strategies Prepare draft report Prepare final report Project purpose, Committee charge, community overview, financial forecast Overview of programs and services, peer benchmarking Overview of programs and services, rate study info Discuss strategies Discuss recommendations If needed 10/2/2023 10/2/2023 10/30/2023 11/6/2023 11/27/2023 10/23/2023 10/2/2023 10/30/2023 11/20/2023 12/11/2023 1/8/2024 2/5/2024 3/4/2024 3/11/2024 4/8/2024 5/6/2024 Task 3: Utility Rate Study Data collection Draft revenue requirement analyses Final revenue requirement analyses Surface Water rate design Water Cost of Service analysis Sewer Cost of Service analysis Council engagement (above) Draft report Final report 7/31/2023 9/25/2023 10/9/2023 11/13/2023 12/18/2023 1/15/2024 1/15/2024 4/15/2024 5/6/2024 * * * * * * • • 48 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9-25-23 NG 10-2-23 NG ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 9-25-23 AGENDA ITEM TITLE SEPA Thresholds Ordinance CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date 0 Ordinance ❑ Bid Award Mtg Date 0 Public Hearing ❑ Other Mtg Date Mtg Date 10-2-23 Mtg Date 9-25-23 SPONSOR ❑ Council ❑ Mayor ❑ Admin ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIE Secs 11 DCD SPONSOR'S Staff is proposing code changes to streamline and update permit processes related to SEPA SUMMARY environmental determinations. It is likely that these changes will not affect the substantive outcomes of the permit review but instead provide a faster and more predictable experience for our applicants. The Council is being asked to consider and approve the ordinance. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 7-17-23 & 9-18-23 COMMITTEE CHAIR: HOUGARDY /1 Planning & Community Dev. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMTI Department of Community Development IEE 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 9-25-23 Forward to next Regular Meeting 10-2-23 MTG. DATE ATTACHMENTS 9-25-23 Informational Memorandum with attachments (updated after 9/18 PCD Committee) Ordinance in Draft Form Minutes from the Planning and Community Development Committee meeting of 9-18-23 10-2-23 Final Ordinance 49 50 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 21.04, "STATE ENVIRONMENTAL POLICY ACT"; REPEALING ORDINANCE NOS. 1331 §8, §33; 1853 §6, §7; AND 2502 §2, §3; TO INCREASE FLEXIBLE THRESHOLDS FOR MINOR NEW CONSTRUCTION, REMOVE OUTDATED REFERENCES, AND UPDATE CODE PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 21.04 of the Tukwila Municipal Code (TMC) establishes Tukwila's procedures and policies related to the State Environmental Policy Act (SEPA); and WHEREAS, the City has adopted by reference the categorical exemption thresholds in Washington Administrative Code (WAC) Chapter 197-11-800, including the standard categorical exemption thresholds for minor new construction in WAC 197-11-800(1)(b); and WHEREAS, WAC 197-11-800(1)(c) authorizes cities, towns, or counties to raise the exemption levels for minor new construction to those identified in WAC 197-11-800(1)(d), subject to the requirements and process outlined in subsection (c); and WHEREAS, the City of Tukwila is an incorporated city within a fully planning jurisdiction under the Growth Management Act (GMA), per RCW 36.70A.040; and WHEREAS, The City desires to streamline its permit processes to provide an appropriate level of project specific review; and WHEREAS, the City of Tukwila performed an analysis of the changes to public notice and commenting requirements as a result of the increased exemption thresholds and found that there were negligible changes; and CC:\Legislative Development\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn Page 1 of 8 51 WHEREAS, on July 7, 2023, the City completed the procedural requirements as outlined in WAC 197-11- 800(1)(c) and provided 60-day notice of its analysis and findings to the Department of Ecology, agencies with expertise, affected tribes and jurisdictions, and the public, and did not receive any public comments during the comment period; and WHEREAS, the City has evaluated the proposed changes to the City's SEPA code and determined there are adequate existing local, state and federal environmental regulations in place to mitigate any potential impacts from newly exempt development; and WHEREAS, the City has updated the title of Tukwila Municipal Code (TMC) Chapter 18.45 pertaining to environmental regulations from "Environmentally Sensitive Areas" to "Environmentally Critical Areas"; and WHEREAS, the regulations listed in TMC Section 18.50.110, "Archaeological/ Paleontological Information Preservation Requirements," cover pre -construction cultural resources assessment, archaeological response plan and provisions for excavation monitoring by a professional archaeologist; and WHEREAS, work in shoreline areas that will extend into native soil is noticed to the Washington State Department of Archaeology and Historic Preservation (DAHP) and area Tribal organizations; and WHEREAS, TMC Chapter 16.60, "Historic Preservation" contains regulations regarding landmark designation and alteration of existing landmarked sites, buildings, or properties; and WHEREAS, on July 7, 2023, the City submitted the proposed amendment to the Washington State Department of Commerce for its 60-day review and received documentation of completion of the procedural requirement (Submittal ID 202303281); and WHEREAS, in taking the actions set forth in this ordinance, the City has complied with the requirements of the State Environmental Policy Act, Chapter 43.21 C RCW; and WHEREAS, the Tukwila City Council held a duly noticed public hearing and considered all public testimony on September 25, 2023; and WHEREAS, based on careful consideration of the facts and law, the City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: CC:\Legislative Development\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn 52 Page 2 of 8 Section 1. Findings of Fact. The Tukwila City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below are consistent with WAC 197-11- 800(1). C. The proposed code amendments meet the requirements listed in WAC 197-11- 800(1)(c), which are necessary to raise the exempt levels. Section 2. TMC Section 21.04.040 Amended. Ordinance Nos. 1331 §3, 1344 §1, 1599 §7(1), and 1770 §81, as codified at TMC Section 21.04.040, "Definitions — Additional," are hereby amended to read as follows: 21.04.040 Definitions - Additional In addition to those definitions contained within WAC 197-11- 700 through 799, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise: 1. "Department" means any division, subdivision or organizational unit of the City established by ordinance, rule or order. 2. "Early notice" means the City's response to an applicant stating whether it considers issuance of the Determination of Significance likely for the applicant's proposal. 3. "Environmentally critical area": see TMC Section 21.04.300 and TMC Chapter 18.45. 4. "Notice of action" means the notice (as specified in RCW 43.21 C.080) of the time for commencing an appeal of a SEPA determination that the City or the applicant may give following final City action upon an application for a permit or approval when the permit or approval does not have a time period set by statute or ordinance for commencing an appeal. 5. "SEPA Rules" means Chapter 197-11 WAC, as now adopted or hereafter amended by the Department of Ecology. Section 3. TMC Section 21.04.050 Amended. Ordinance Nos. 1331 §4 and 1344 §2, as codified at TMC Section 21.04.050, "Designation of responsible official," are hereby amended to read as follows: 21.04.50 Designation of responsible official A. For those proposals for which the City is a lead agency, the responsible official shall be the Community Development Director or their designee or such other person as the Mayor may designate in writing. CC:\Legislative Development\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn Page 3 of 8 53 B. For all proposals for which the City is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required Environmental Impact Statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules that have been adopted by reference. Section 4. TMC Section 21.04.110 Amended. Ordinance Nos. 1331 §11, 1344 §6, 2173 §1, and 2502 §1, as codified at TMC Section 21.04.110, "Categorical exemptions - Flexible thresholds," are hereby amended to read as follows: 21.04.110 Categorical exemptions - Flexible thresholds for Minor New Construction A. The City establishes the following exempt levels for minor new construction as allowed under WAC 197-11-800(1)(c) and (d), based upon local conditions: 1. For single-family residential projects, up to thirty (30) dwelling units; 2. For multifamily residential projects, up to two hundred (200) dwelling units; 3. For agricultural structures, up to forty thousand (40,000) square feet; 4. For office, school, commercial, recreational, service or storage buildings, up to thirty thousand (30,000) square feet; 5. For parking facilities, up to ninety (90) parking spaces; 6. For fills or excavations, up to one thousand (1,000) cubic yards. All fill or excavation, of any quantity, necessary for an exempt project in subsections 1 through 4 of this section shall be exempt. B. The exemptions in this subsection apply except when the project: 1. Is undertaken wholly or partly on lands covered by water; 2. Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383; 3. Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or WAC 197-11-800 (7) or (8); or 4. Requires a land use decision that is not exempt under WAC 197-11- 800(6). C. Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). Section 5. TMC Section 21.04.140 Amended. Ordinance Nos. 1331 §13, 1344 §7, and 1599 §7(3), as codified at TMC Section 21.04.140, "Threshold determinations — Environmental checklist," are hereby amended to read as follows: CC:\Legislative Development\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn 54 Page 4 of 8 21.04.140 Threshold determinations - Environmental checklist A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960. B. If the site is an environmentally critical area, a critical area study that meets the requirements of TMC Chapter 18.45 may be required. The SEPA official may waive any study requirements determined to be unnecessary for review of a particular use or application. Funding for a qualified professional, selected and retained by the City, shall be paid for by the applicant to review the geotechnical reports on Class 2 and Class 3 landslide, seismic and coal mine hazard areas if the geotechnical report indicates Class 3 or Class 4 characteristics, and will be required in all Class 4 landslide hazard areas. Applicants may also be required to pay for peer review of wetland and watercourse studies per TMC Section 18.45.040.E. C. A checklist is not needed if the City and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. D. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination. E. For private proposals, the applicant is required to complete the environmental checklist. The City may provide information as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. F. The City may decide to complete all or part of the environmental checklist for a private proposal, if either of the following occurs: 1. The City has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. Section 6. Repealer. Ordinance Nos. 1853 §6 and 2502 §2, as codified at TMC Section 21.04.152, "Planned actions identified," are hereby repealed, thereby eliminating TMC Section 21.04.152. Section 7. Repealer. Ordinance No. 1853 §7, as codified at TMC Section 21.04.154, "Consistency check," is hereby repealed, thereby eliminating TMC Section 21.04.154. Section 8. Repealer. Ordinance No. 1331 §8, as codified at TMC Section 21.04.160, "Documents required - SEPA decisions," is hereby repealed, thereby eliminating TMC Section 21.04.160. CC:\Legislative Development\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn Page 5 of 8 55 Section 9. Repealer. Ordinance No. 2502 §3, as codified at TMC Section 21.04.165, "Environmental review for development in the Tukwila Urban Center — Policies," is hereby repealed, thereby eliminating TMC Section 21.04.165. Section 10. TMC Section 21.04.300 Amended. Ordinance Nos. 1331 §30, 1344 §13, 1599 §7(6), and 1608 §2, as codified at TMC Section 21.04.300, "Environmentally sensitive areas," are hereby amended to read as follows: 21.04.300 Environmentally critical areas A. Environmentally critical areas designated on the zoning maps, and/or as defined in TMC Section 18.45.030 as of the effective date of the ordinance from which this section derives and as thereafter amended, designate the locations of environmentally critical areas within the City and are adopted by reference. In addition to those areas identified in WAC 197-11-908 and for purposes of this chapter, environmentally critical areas shall also include wooded hillsides, and the Green/Duwamish River and its shoreline zone as defined by the Tukwila Shoreline Master Program. For each environmentally critical area, all categorical exemptions within WAC 197-11-800 are applicable. B. The City shall treat proposals located wholly or partially within an environmentally critical area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally critical area. C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Section 11. TMC Section 21.04.210 Amended. Ordinance Nos. 1331 §31, 1425 §1, 1576 §6, and 1650 §1, as codified at TMC Section 21.04.310, "Fees," are hereby amended to read as follows: 21.04.310 Fees The City shall require the following fees for its activities in accordance with the provisions of this chapter: 1. Threshold Determination. For every environmental checklist the City will review when it is lead agency, the City shall collect a fee according to the adopted Land Use Fee Schedule from the proponent of the proposal prior to undertaking the threshold determination; provided that no fee shall be charged to or collected from the proponents of any proposal for annexation to the City, and the City shall review such checklists without charge. Where payment of a fee is required, the time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee is received by the City. 2. Environmental Impact Statement. CC:\Legislative Development\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn 56 Page 6 of 8 a. When the City is the lead agency for a proposal requiring an EIS and the responsible official determines the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the City in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. b. The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by the City. Also, the City will charge an administrative fee in addition to the consultant fees, according to the adopted Land Use Fee Schedule. c. The applicant shall pay the projected amount to the City prior to commencing work. The City will refund the excess, if any, at the completion of the EIS. If the City's costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under a. or b. of this subsection which remain after incurred costs, including overhead, are paid. 3. The City shall collect a fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal according to the adopted Land Use Fee Schedule. 4. The City may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by chapter 42.17 RCW. Section 12. Repealer. Ordinance No. 1331 §33, as codified at TMC Section 21.04.330, "Copies on file," is hereby repealed, thereby eliminating TMC Section 21.04.330. Section 13. Corrections by City Clerk or Code Reviser Authorized. 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 14. 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 15. 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\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn Page 7 of 8 57 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. 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\Increasing SEPA Thresholds 9-25-23 clean Nora Gierloff: Review by Andy Youn 58 Page 8 of 8 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/02/23 JR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: COLLEEN MINION ORIGINAL AGENDA DATE: 10/02/23 AGENDA ITEM TITLE King County Re+ Grant Acceptance CATEGORY ❑ Discussion Mtg Date AI Motion Date 10/02/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR Council ❑Mayor ❑Hit ❑DCD ❑Finance Fire ❑TS ❑Pe.,R ❑Police II P1V Court SPONSOR'S SUMMARY As a result of signing the Re+ pledge at the June 12th Council meeting, the City became eligible for and was ultimately awarded King County Re+ grant funds. This project will support food service businesses across the City of Tukwila, in setting up organics services and establishing best practices to comply with the new Organics Management Law. City Council is being asked to formally accept King County's Re+ Grant in the amount of $83,000.00. ►/ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Arts Comm. ❑ Parks Comm. 09/18/23 COMMITTEE CHAIR: TOSH ❑ Planning/Economic Dev. ❑ Planning Comm REVIEWED BY ❑ LTAC DATE: SHARP RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to the Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $83,000.00 $0.00 $0.00 Fund Source: GRANT AWARD Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/02/23 Informational Memorandum dated 09/15/23 Interagency Agreement Scope of Work Minutes from Transportation and Infrastructure Committee meeting of 09/18/23 59 60 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hori Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Public Works Director BY: Colleen Minion, Solid Waste Analyst CC: Mayor Allan Ekberg DATE: September 15, 2023 SUBJECT: King County Re+ Grant Acceptance ISSUE Formal City acceptance of a King County Re+ Grant in the amount of $83,000. BACKGROUND This project will support food service businesses across the City of Tukwila, the City of Burien, and the City of Maple Valley in setting up organics services and establishing best practices to comply with the new Organics Management Law. The cities will work with a consultant to identify and perform outreach at priority businesses for organics service, with a focus on frontline businesses that need to comply by 2024 and 2025. This project is a collaboration between the City of Tukwila, the City of Burien, and the City of Maple Valley. DISCUSSION Projected outcomes from this project include: • Increase the number of businesses in each city (25 per city) that subscribe to organics service • Increase the tonnage of organics collected in each city by 25-50% • Support frontline community members who own or manage food service businesses in understanding the Organics Management Law Funds will be used to contract out for project services including project planning, development, evaluation, site visits, and translation. Funds will also be used to purchase supplies such as "slim jim" style waste receptacles and signage. Funds are available from the date the contract is signed — December 31, 2024. FISCAL IMPACT There is no required match for acceptance of this grant. RECOMMENDATION City Council is being asked to formally accept King County's Re+ Grant on the Consent Agenda at the October 2, 2023 Regular meeting. ATTACHMENTS: Interagency Agreement Scope of Work 61 62 CPA # XXXXXX INTERAGENCY AGREEMENT FOR THE 2023-2024 RE+ CITY GRANT PROGRAM Between KING COUNTY and the CITY OF TUKWILA This Agreement for Award of Re+ Grant Funds ("Agreement") is executed between King County, a charter county and political subdivision of the State of Washington, acting through its Department of Natural Resources, Solid Waste Division, and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as "Party" or "Parties." 1. RECITALS 1.1 In 2022, King County launched the Re+ initiative to reinvent the region's waste system to keep materials in use longer and reduce greenhouse gas emissions. The City of Tukwila signed onto the Re+ Pledge affirming their support and collaboration towards the shared vision that Re+ represents. The County developed the Re+ City Grant Program, as authorized in King County Code 10.14.025, to support Cities' efforts to invest in, develop, and deliver on projects that help create a more circular economy, wh e was - is q.• inn' at a ar pt ' e . n' er, . e s re regenerated. �� rate h : ' ive ana - e a at have signed the Re Pled e - ligib to r is nding. 1.2 King County has developed the criteria for program eligibility in the Grant Guidelines, attached hereto and incorporated herein as Exhibit A. King County has received a proposed scope of work and budget from the City and has determined that the scope of work and budget, attached hereto and incorporated herein as Exhibit B, are consistent with the Re+ Program and with the Grant Guidelines. 1.3 King County and the City desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide an award of Re+ City Grant Program funding to the City subject to the budget approval process of the King County Council. NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the Parties hereby agree to the terms and conditions as follows: 1 63 2. AWARD OF GRANT; CONDITIONS OF GRANT 2.1 The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2 King County agrees to grant the City an award of Re+ City Grant Program funds not to exceed $83,000.00 (the "Award") on a reimbursement basis as described in Section 2.4. The Award shall be used by the City solely for the performance of the activities described in this Agreement. 2.3 The City shall use the grant of Re+ City Grant Program funds to provide waste reduction and recycling programs and/or services as outlined in Exhibit B. The total amount of funds available from this grant in 2023 and 2024 shall not exceed $83,000.00. 2.4 This Agreement provides for distribution of 2023 and 2024 grant funds to the City. Reimbursement for activities carried out and expenses incurred by the City may predate the execution date of this Agreement provided that a) the activities occurred after the City accepts the County's award notification in writing; b) the activities have been identified by the City as being within the Grant Guidelines, attached herein as Exhibit A, and Scope of Work, attached herein as Exhibit B; b) the expenses are incurred in carrying out the Scope of Work and are authorized by this Award; and c) such activities and expenses otherwise comply with all other terms of this Agreement. Reimbursements shall be paid to the City only after this Agreement has been fully executed. 2.5 During this two-year grant program, the City will submit a minimum of two (2), but no more than eight (8), progress reports to the County in a form determined by the County. Reports must be signed by a City official. These reports will include: rog by re ; and evui ew0 a t i orated herein b. reimbursement requests with both a Budget Summary Report Form, which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form, which is attached hereto as Exhibit E and incorporated herein by reference, unless The City has a spreadsheet similar to the Expense Summary Form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary Form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. The City shall maintain this documentation in its records. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter (April 30, July 31, October 31, January 31), except for the final progress report and request for reimbursement, which shall be due by March 21, 2025. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by March 15, 2024 and March 21, 2025. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2024 and January 2025, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 64 2 2.6 If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 2.7 Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit B, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit B. 2.8 The City shall be responsible for following all applicable federal, state, and local laws, ordinances, rules, and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award, or contracting process. 2.9 During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employm a..lication fi to ment or ii! the administratio • ive o or access to services or an e -r un s NitleVVin ter 12.16. 2.10 During the performance of this Agreement, neither the City nor any party subcracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 2.11 The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 2.12 The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 2.13 The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2025. 3 65 2.14 The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or "text provided courtesy of King County Solid Waste Division." 2.15 The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the Re+ City Grant Program. The City agrees to recognize King County on all printed materials developed or purchased using Re+ City Grant Program funds. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials. 2.16 The City will provide the King County Project Manager with the date and location of each Re+ City Grant Program -funded event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 2.17 This project shall be administered on the City's behalf by Colleen Minion, Solid Waste Analyst, or designee. 2.18 The C a rees to cre Ci on all inted materials pr b the i to the County, a p n such lalk materials which the(Coinc ding = s, for . ne . d lo; i s eets, , : se ' , et , , m 1 m, th. 1 r t the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City Tukwila" and/or "text provided courtesy of the City of Tukwila." 2.19 The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 2.20 The Re+ City Grant Program shall be administered on King County's behalf by Annie DeCosta- Klipa, Project Manager, King County Solid Waste Division, or designee. 3. DURATION OF AGREEMENT This Agreement shall become effective on the date of execution of the Agreement by both the County and the City, and shall terminate on June 30, 2025. The City shall not incur any new charges after December 31, 2024. However, this Agreement allows for disbursement of grant funds to the City for County -approved programs initiated between the City's acceptance of the award notification from the County to the City in writing, and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 2.4 of the Agreement. 66 4 4. TERMINATION 4.1. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. 4.2 . King County may also terminate this Agreement, in whole or in part, for lack of appropriation, upon thirty (30) days prior written notice to the City. In accordance with King County Code 4A.100.070, if King County terminates this Agreement for non -appropriation, then King County's costs associated with such termination, if any, shall not exceed the appropriation for the biennium in which termination occurs. 4.3 This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section 3 upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant -related reports, invoices, or statements as specified in Section 2.5 and Section 2.7 4.4 If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. 4.5 Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. ForRevtew■ n This Agreement may be amended only by written agreement of the Parties. Amendme to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Amendments will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. Funds may be moved between tasks in the scope of work, attached as Exhibit B, upon written notification by the City to King County and written approval by the County. 6 HOLD HARMLESS AND INDEMNIFICATION The City agrees to indemnify, defend and hold harmless King County, and its elected or appointed officials, employees and agents, from all suits, claims, alleged liability, actions, losses, costs, expenses (including reasonable attorney's fees), penalties, settlements and damages of whatsoever kind or nature arising out of, in connection with, or incident to any acts or omissions of the City, its employees, agents, contractors or subcontractors in performing its obligations under this Agreement, except of the County's sole negligence. The City's obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the County with legal counsel acceptable to the County and at the City's own expense; (ii) Indemnification of claims made by the City's own employees or agents; and (iii) Waiver of the City's immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the County, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from The City. The provisions of this Section 6 shall survive the expiration, abandonment, or termination of this Agreement. 5 67 7 INSURANCE 7.1 The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self -insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on the City's behalf pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit F, unless Section 7.2 applies. 7.2 If the Agency is a Municipal Corporation or an agency of the State of Washington and is self - insured for any of the above insurance requirements, a written acknowledgment of self-insurance is attached to this Agreement as Exhibit F. 7.3 If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgment/certification of current membership is attached to this Agreement as Exhibit F. F ■ D' I wF I I FA n1 This Agreement is the complete expression of the agreement of the County and the Citereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 9. TIME IS OF THE ESSENCE The County and the City recognize that time is of the essence in the performance of this Agreement. The Scope of Work set forth in Exhibit B shall be completed by the City no later December 31, 2024. In the event that the Scope of Work is not completed by this date, then King County shall retain any unexpended Award funds. 10. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 68 6 11 NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: If to the City: Annie DeCosta Klipa, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks adecostaklipa@kingcounty.gov Colleen Minion, Solid Waste Analyst, or a provided designee City of Tukwila 6300 Southcenter Blvd, Suite 200 Tukwila, WA 98188 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Tukwila Kin2 County Allan Ekberg, Mayor City of Tukwila For Reviewc BY Pat D. McLaughlin, Director Solid Waste Division rill yty Executive Date Date 7 69 70 Exhibit B CPA # XX Re+ City Grant Program — Agreement with the City of Tukwila Scope of Work and Budget Initiative Title: Organic Solutions: Empowering Food Businesses for Sustainable Waste Management Funding Amount: $83,000.00 Initiative Summary: This project will support food service businesses across the City of Tukwila, the City of Burien, and the City of Maple Valley in setting up organics services and establishing best practices to comply with the new Organics Management Law. The cities will work with a consultant to identify and perform outreach at priority businesses for organics service, with a focus on frontline businesses that need to comply by 2024 and 2025. This project is a collaboration between the City of Tukwila, the City of Burien, and the City of Maple Valley. Project Description: A key pillar of the project is providing technical assistance for food service businesses to begin composting their food scraps through organics service. This project aims to reduce barriers to food scraps composting and set both large and small businesses up for success. Task 1: Planning, Development, and Evaluation • Review existing compost services, client lists of businesses within each municipality, and the new Organics Management Law. • Identify priority businesses, with a focus on frontline businesses that may be impacted by the Organics Management Law. • Identify or develop education and outreach materials that can be used to target any food waste - generating facility. The materials will be available in the top 3 most common languages for the municipalities. Applicable materials will be printed for distribution. • Develop potential survey questions, outreach protocols, staff training, and determine data tracking processes. Task 2: Site Visits and Outreach • Visit identified priority businesses to conduct outreach and provide educational materials about the Organics Management Law. • Provide technical assistance to identified businesses, which includes working with the business to set up organics service, a walk-through of the site, providing one starter slim jim for back -of - house food waste collection, working with the business to determine where the organics cart will be placed, and providing additional outreach and educational materials as needed. • Conduct follow-up visits to check for contamination in the organics bin. • Conduct surveys with businesses to assess the effectiveness of the program and understand lessons learned. Project Outcomes: Projected outcomes from this project include: • Increase the number of businesses in each city (25 per city) that subscribe to organics service 1 71 Exhibit B CPA # XX • Increase the tonnage of organics collected in each city by 25-50% • Support frontline community members who own or manage food service businesses in understanding the Organics Management Law Project Deliverables: Projected deliverables from this project include: • A list of priority businesses in each city that will likely be impacted by the Organics Management Law in the next 4 years • In -language educational materials identified and/or developed • Organics technical assistance provided to approximately 75 businesses • Post -surveys to assess program effectiveness and lessons learned 2 72 Exhibit B CPA # XX Budget: Item Estimated Timing by Quarter Expenditure Type Unit Price Quantity Amount Paid by Grant Project planning, development, and evaluation All quarters Personnel for other project team members $140 185 $25,900 Site visits and outreach All quarters Personnel for other project team members $140 365 $51,100 Supplies, such as slim jims and signage All quarters Supplies and materials N/A N/A $5,400 Translation services All quarters Translations of materials N/A N/A $600 $ 83,000 Line items in the above table can be transferred with written approval by the King County Project Manager. A contract amendment will be required for any changes that increase the overall price of the contract. 3 74 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September18, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Mohamed Abdi, Cynthia Delostrinos Johnson Staff Present: Hari Ponnekanti, Colleen Minion, Mike Ronda, Cyndy Knighton, Alison Turner, Laurel Humphrey I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Acceptance: RE+ City Grant Program Staff is seeking Council approval to accept RE+ grant funding from King County in the amount of $83,000 to support food service businesses in organics services and compliance. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Meeting. B. Project Completion: 2022 Overlay and Repair Staff is seeking Council approval of project completion and release of retainage for the 2022 Overlay and Repair Project in the amount of $1,498,073.89. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Consent Agenda. C. Transportation Demand Management Program Allocation Staff is seeking Council approval to accept the biennial WSDOT TDM allocation in the amount of $93,000. Committee Recommendation Unanimous approval. Forward to October 2, 2023 Regular Consent Agenda. Miscellaneous Councilmember Delostrinos Johnson inquired about the status of the crosswalk near the Allentown pedestrian bridge. The project is not yet complete. The meeting adjourned at 6:12 p.m. Committee Chair Approval Minutes by LH 75 76 TO: City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: September 26, 2023 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff and community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Sounder South Corridor Leadership Forum: Mayor Ekberg and Economic Development staff participated in the Sounder South Corridor Leadership Forum on September 11. • Sound Cities Association Mayors Meetings: Mayor Ekberg participated in Sound Cities Association Mayors Meetings on September 12 and 19. • U.S. Global Leadership Coalition Roundtable Discussion: Mayor Ekberg participated in a U.S. Global Leadership Coalition Roundtable discussion held in Seattle on September 14. • South King Housing and Homelessness Partners (SKHHP) Executive Board Meeting: Community Development Staff attended the SKHHP monthly Executive Board Meeting on September 15 to present on Tukwila's housing preservation efforts. II. Community Events • Wellness Hub Community Cafe: On September 14 Tukwila Parks & Recreation, along with grant partners Global to Local and HealthPoint, co -hosted the first community cafe funded by a $90,000 grant from the National Recreation and Park Association. Over 40 people participated in the event, including Mayor Ekberg and City Administrator David Cline. Attendees discussed their needs and the challenges in finding culturally appropriate resources to support health and wellbeing. • Regional Play Day Event: On September 18 Tukwila Parks & Recreation hosted a Regional Play Day Event with the King County Play Equity Coalition. Over 300 people attended the event where several community partners were on hand to offer youth and families a chance to sample different sports. Activities included wheelchair basketball, lacrosse, golf, baseball, boxing, rugby, roller derby, skateboarding, volleyball, and pickleball. • Comprehensive Planning Open House: Community Development staff provided a Comprehensive Planning Open House on September 20 that included presenters on middle Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 77 City Administrator's Report September 26, 2023 Page 2 housing, transportation, stormwater, and Foster High School students discussing ecology, conservation, and climate change. Approximately 35 members of the public attended. III. Staff Updates Project Updates • Green Tukwila Planting Season Launch: The Green Tukwila Partnership is preparing to launch the planting season next month. Banners, flyers and yard signs have gone out. This year planting will happen at Riverton Park, Cottonwood Corner, Tukwila Park, Codiga Park, Crystal Springs Park, and Duwamish Hill Preserve through work parties, stewards and professional crews. • Green Training Job Program at Crystal Springs Park: Dirt Corps ran their Green Training Job Program at Crystal Springs Park on multiple days where they cleared a ton of established ivy from trees and the ground. This space will be planted this season with understory shrubs and young trees. • Friends of the Hill Work Party: Friends of the Hill kicked off their fall work party on September 16 clearing blackberry and ivy and picking up trash at the site. • 2023 Annual Overlay Program: Estimated Completion: Oct 2023 The Annual Overlay program is a maintenance program focused on keeping the City's streets in good or better condition for both vehicular and pedestrian traffic. Construction started on July 10, 2023. The following streets are in the program and have the following updates: o S. 139th St., 51st Ave. S, 52nd Ave S, S. 137th St. - Asphalt overlay has been completed on the surface streets surrounding the play fields by Foster Memorial Park. Remaining work includes channelization, crosswalk items, new chain link fence transition at 53rd/139th. One item of note, there are a couple of spots in this area that are holding water after heavy rains. We are looking at options to correct these issues. O 32nd Ave. S, 33rd Pl S - Asphalt overlay has been completed. Punch list items remain. o S 140th St. - Asphalt overlay has been completed. Replacement of the asphalt speed humps between 33rd Place and 35th Avenue needs to be completed. O 35th Ave. S - Asphalt overlay has been completed. o S. 142nd St., 37th Ave. S - Water District 125 waterline installation on these streets is scheduled to be completed this week with base pavement and overlay to follow within the next two weeks. o S. 144th St. - Asphalt overlay has been completed in this area. Final channelization remains. O 42nd/119th Pedestrian Crossing - The majority of the work at this crossing has been completed short of final channelization, installation of the flashing beacons and handrail (both due to long lead time procurement constraints). We are also tracking a failing concrete test on the eastern half of the raised crosswalk which may require removal/replacement of half of the new crosswalk section. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 78 City Administrator's Report September 26, 2023 Page 3 Boards, Commissions and Committees • Arts Commission: The next meeting is scheduled for September 27, 2023. VACANT: Student Representative position. • Civil Service Commission: The next meeting is scheduled for October 19, 2023. 1 Resident position term expires December 31, 2023. No vacancies. • COPCAB: The next meeting is scheduled for October 12, 2023. 1 Resident position term expires December 31, 2023. 1 Business Representative position term expires December 31, 2023. 1 Student Representative position term expires June 30, 2023. VACANT: 1 Business Representative position, 1 School District Representative and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for October 5, 2023. 1 City Council position term expires December 31, 2023. 2 Education position terms expire December 31, 2023. 1 Community position term expires December 31, 2023. 1 City Employee position term expires December 31, 2023. VACANT: 1 Education/Community Representative. • Human Services Advisory Board: The next meeting is scheduled for November 16, 2023. 1 Resident position term expires December 31, 2023. 1 Business position term expires December 31, 2023. VACANT: 1 Resident position and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for October 3, 2023. 3 Resident position terms expire December 31, 2023. No vacancies. • Lodging Tax Advisory Committee: The next meeting is scheduled for October 13, 2023. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative. • Park Commission: The next meeting is scheduled for October 11, 2023. 2 Community position terms expire December 31, 2023. VACANT: 1 Community position. One application received. • Planning Commission: The next meeting is scheduled for September 28, 2023. 1 Business position term expires December 31, 2023. 3 Resident position terms expire December 31, 2023. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 79 City Administrator's Report September 26, 2023 Page 4 IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response September 18, 2023 A resident voiced The Public Works Director connected with the concerns about resident Monday evening and explained that it construction staging on is a sewer CIP project. The Project Manager had 58th Avenue South. a conversation with the contractor on Tuesday morning, emphasizing the need for improved safety measures. By Tuesday evening, the contractor had successfully completed the job and backfilled the hole. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 80 City of Tukwila - Public Works Fleet & Facilities TOTAL PROJECT MONTHLY Budget Report (REVISED Budget; D-20 Plan Adopted by Council) Life to Date Costs as of September 11, 2023 (reconciled w/acctg thru March 7, 2023 GL) COUNCIL REPORTING SUMMARY- '. PUBLIC WORKS Original Budget Budget Transfers Current Budget Committed Budget Life to Date Costs Remain'g Committed Remaining Budget A/E Services (Design & CA) $ 670,768 $ 70,625 $ 741,393 $ 741,393 $ 730,013 $ 11,380 $ - Permits/Fees $ 130,000 $ 51,886 $ 181,886 $ 181,886 $ 181,886 $ - $ (0) Construction $ 6,715,000 $ 1,086,662 $ 7,801,662 $ 7,801,661 $ 7,801,661 $ (0) $ 0 Construction (Tax) $ 662,618 $ 124,500 $ 787,118 $ 755,250 $ 755,250 $ 0 $ 31,868 Construction Related Costs $ 378,186 $ 81,261 $ 459,447 $ 404,413 $ 393,516 $ 10,897 $ 55,034 PM Services (incl Other Professional Svcs) $ 350,000 $ 188,442 $ 538,442 $ 538,442 $ 538,430 $ 11 $ 0 Contingency (incl Construction & Project) $ 843,437 $ (603,376) $ 240,061 $ - $ - $ - $ 240,061 SUBTOTAL -CURRENT MANAGED PROJECT $ 9,750,008 $ 1,000,000 $ 10,750,008 $ 10,423,045 $ 10,400,757 $ 22,288 $ 326,963 Previously Managed Svcs (Land,A/E,Bond,Demo) $ 25,949,992 $ - $ 25,949,992 $ 25,936,198 $ 25,936,198 $ - $ 13,794 TOTAL -COMBINED PROJECT $ 35,700,000 $ 1,000,000 S 36,700,000 $ 36,359,243 $ 36,336,955 $ 22,288 $ 340,756 82 UPCOMING MEETINGS AND EVENTS OCTOBER 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. OCT 2 MON OCT 3 TUE OCT 4 WED OCT 5 THU OCT 6 FRI OCT 7 SAT ➢ Planning and Community Development Meeting 5:30 PM City Hall — Hazelnut Room Hybrid Meeting ➢ Transportation and Infrastructure Services Committee 5:30 PM 6300 Building — 2n° Floor Duwamish Conference Room Hybrid Meeting ➢City Council Regular Meeting PM City7:0Hall Council Chambers Hybrid Meeting ➢ Library Advisory Board 6:00 PM Hybrid Meeting t �� LISTENING SESSION ON PUBLIC ART PROGRAM We need your assistance in creating a public art program that serves all our community. We want to hear what you have to say. Sign up for one of the sessions to help us plan for the future! 6:00 PM — 8:00 PM Click here to register. Come convenient by our up to ➢ Equity and Social Justice Commission 5:30 PM Hybrid Meeting ➢ Special PlanningINSTALLATION p Commission 6:30 PM Hybrid Meeting Give Blood = Save 3 Lives ea DONATE BLOOD AND ENTER TO WIN A LAS VEGAS TRIP TO SEE CARRIE UNDERWOOD SHOW! It takes 1,000 donors a day to sustain a blood supply for patients in our community. To schedule an appointment, call 1-800-398-7888. Click here to schedule an appointment. Tukwila Village Farmers Market • American Red Cross buy fresh produce grown in refugees community. community. 4:00 PM — 7:00 PM Wednesdays thru Oct 25 2Tukwila Village Plaza 14350 Tukwila Intl Blvd Give Bleed = Save 3 Lives • • • BLOOD DRIVE AT CITY HALL Donate your blood at this location and sign win a trip to Las Vegas! 10:00 AM — 4:00 PM Tukwila City Hall 6200 Southcenter Blvd Click here to register. FREE SMOKE ALARMS AND Service provided to those who cannot afford to purchase smoke alarms or are physically unable to install a smoke alarm. For more information orrequest FREE smoke alarms, call 1-833-918-1531. Click here for information. OCT 9 MON OCT 10 TUE OCT 11 WED OCT 12 THU ' OCT 13 FRI OCT 14 SAT ➢ Community Services and Safety Committee 5:30 PM City Hall — Hazelnut Room Hybrid Meeting ➢ Finance and Governance Committee 5:30 PM 6300 Building — Suite 100 Foster Conference Room Hybrid Meeting ➢ City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to follow Committee of the Whole Meeting. o t ADULT INFORMATION AND HEALTH FAIR Meet with a variety of vendors for information on open enrollment, support services, health and fitness, travel and recreation. Free lunch will be provided. Limited space. 10:00 AM — 2:00 PM Tukwila Community Center 12424 42ntl Ave S Click here to register. GREEN TUKWILA RSHIP PARSENIOR PLANTING AT COTTONWOOD CORNER Help us plant native understory shrubs and bushes next to Riverton Creek. 11:00 AM — 2:00 PM Riverton Creek 37'h Ave S & S 128'h St Click here to register. 0 LISTENING SESSION ON PUBLIC ART PROGRAM We need your assistance in creating a public art program that serves all our community. Sign up for one of the sessions below and us for plan the future! AM —1:00 PM Click here to register. ! . :7 ®® I .-.I • HAZARDOUS WA DISPOSAL EVEN King County residents and small businesses can safely drop off household hazardous waste such as oil- based paint, batteries, antifreeze or pesticides for FREE. Oct 13 —15 Friday thru Sunday 10:00 AM — 5:00 PM McLendon Hardware 440 Rainier Ave S, Renton Click here for information. 0 IN -PERSON COMMUNITY SESSION ON PUBLIC ART PROGRAM We need your input on a public art program that serves all our community. Language interpretation support and activities for children will be provided. 10:00 AM — 12:00 PM Tukwila Community Center 12424 42ntl Ave S Click here to register. TUKWILA SURFACE WATER ONLINE SURVEY We need your help to identify which ro ects and studies are the mosthelp 1 important to you! Please submit the survey by by Oct 11. Click here to complete the survey. GREEN 1 TUKWILA PARRSHIP RIVERTON PARK RESTORATION Join Forest Steward Debbie to remove invasive plants. 11:30 AM —1:30 PM Riverton Park Click here to register. ➢Park Commission 5:30 PM Hybrid Meeting American Red Cross VOLUNTEER OR DONATE Participate in a pre -canvassing event to help spread the word about free smoke alarm installations. Click here to register. OPEN HOUSE PUBLIC WORKS OPERATIONS CAMPUS PHASE 2 DESIGN Learn about the City's newest public building! 6:00 PM — 8:00 PM Tukwila Community Center Meeting Room B 12424 42" Ave S ➢ Community Oriented Policing Advisory Board 6:30 PM Hybrid Meeting OCT 15 SUN kg King County COMMUNITY SURVEY ON METRO ADA TRANSITION PLAN ENGAGEMENT Surveyends today. See below for more information. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM — 4:00 PM Allow a N y FREE CRIME PREVENTION SURVEY FOR BUSINESSES TO ENHANCE SECURITY o` Police Community Engagement Coordinator will visit your business to conduct a security assessment and recommend making your business more secure. 1,1 oIQI up to 2 weeks for an appointment date confirmation. Click here to make an appointment. ,Pos FREE TEEN OPEN GYM VOLLEYBALL MONDAYS 6:15 PM — 8:15 PM TUKWILA COMMUNITY CENTER Free open gym for middle and high school students. For more information, email Sports@tukwilawa.gov or call 206-768-2822. PUBLIC ART PROGRAM COMMUNITY LISTENING SESSIONS OCT 3, 12 AND 14 We need your assistance in creating a Public Art Program that serves all our community We want your input! In -person session on Oct 14 offers language interpretation support and activities for participants with children. Click here for information. NOV 7 ELECTION VOTERS GUIDE VIDEO See video to know the candidates for the Mayor and Council positions in the upcoming Nov 7 Election. Click here for information. STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!0 SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. VOLUNTEERS NEEDED ON WEDNESDAYS. Pack snacks every Wednesday at 9:30 AM. To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District. Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. ter.10 �K�t� 0'Z. �'#o LCOMMUNITY SURVEY ON METRO ADA TRANSITION PLAN ENGAGEMENT OCT 15 DEADLINE King County Metro is working to make it easier for people with disabilities to use public transportation and would like to hear from you! Other languages are King County available. Click here for information. 83 Tentative Agenda Schedule MEETING 1— MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. OCTOBER 2 OCTOBER 9 OCTOBER 16 OCTOBER 23 PRESENTATION CONSENT AGENDA PRESENTATION See below link for the agenda packet Annual State of the Court - Authorize the Mayor to Utility Rate Study 101. to view the agenda items: Address. sign an Interagency Agreement with PUBLIC HEARING SPECIAL ISSUES Washington State Miscellaneous Code September 18, 2023 - An Interagency Agreement Department of Enterprise Amendments: Regular Meeting with the Washington State Services. (1) Accessory Dwelling Department of Enterprise - A resolution amending Units Ordinance. Services. Resolution No. 2056 (2) Comprehensive Plan - Discussion on Financial amending the Public and Development Code Sustainability Committee. Works Fee Schedule. Amendment - Accept as complete the Ordinance. Macadam Road South (3) Housekeeping and Water Upgrade project; Parking Standards Special Meeting to follow Committee of the Whole authorize release of retainage, subject to the Ordinance. meeting. standard claim and lien procedures (final cost of project, including SPECIAL ISSUES Miscellaneous Code Amendments: APPOINTMENT retainage: (1) Accessory Dwelling Appointments to Financial $2,434,891.97). Units Ordinance. Sustainability Committee. (2) Comprehensive Plan and Development Code Amendment Ordinance. (3) Housekeeping and Parking Standards Ordinance. - Ordinances updating the term end dates for Boards and Commissions. Special Meeting to follow Committee of the Whole meeting. CONSENT AGENDA Authorize the Mayor to accept the King County Parks Levy Grant in the amount of $280,000.00. 84 MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. NOVEMBER 6 NOVEMBER 13 NOVEMBER 20 NOVEMBER 27 CONSENT AGENDA PUBLIC HEARING CONSENT AGENDA - Updating Term end dates for Boards and Commissions: - Tax Levy Legislation: Authorize the Mayor to sign a (1) An ordinance amending various ordinances as codified in Tukwila (1) An ordinance levying grant agreement with FEMA for Municipal Code Title 2, "Administration and Personnel," to modify the taxes for the Landslide Analysis Grant, in term end dates. general the City commencing the amount of $150,000.00. (2) An ordinance amending Ordinance No. 2534 §4 and §6, as codified at Tukwila Municipal Code Sections 2.36.020 and 2.36.040, to 1/1/2024. UNFINISHED BUSINESS modify term end dates and update meeting regulations in compliance with RCW 35.63.040. (2) An ordinance increasing the regular levy _ Tax Levy Legislation: (1) An ordinance levying - An ordinance designating Puget Sound Fire as the Fire Chief and Fire Marshal for the City of Tukwila. commencing 1/1/2024. - Budget Legislation: the general taxes for the City commencing - Authorize the Mayor to sign an amendment to the Interlocal (1) A resolution adopting 1/1/2024. Agreement with Puget Sound Fire. the 2029 Financial (2) An ordinance Planning Model and Increasing the regular PUBLIC HEARINGS Capital Improvement levy commencing 2023 Proposed Site -Specific Rezones: Program. (2) An 1/1/2024. A Quasi -Judicial hearing to consider an ordinance rezoning property at 14000 Interurban Ave at the George Long site from the City of ordinance amending the 2024 Biennial 202- - Budget Legislation: (1) An ordinance Tukwila from Low Density Residential to High Density Residential, to get. Budget. amending include the associated Comprehensive Plan and Zoning map changes. the 2023-2024 - A Quasi -Judicial hearing to consider an ordinance moving the Medium SPECIAL ISSUES Biennial Budget. Density Residential/Low Density Residential boundary to follow the - Tax Levy Legislation: (2) A resolution adopting proposed boundary line adjustment at 6250 South 153rd Street for (1) An ordinance levying the 2024-2029 Finance the Terra Apartments, to include the associated Comprehensive the general taxes for the Planning Model and Plan and Zoning Map changes. City commencing Capital Improvement - A Quasi -Judicial hearing to consider an ordinance rezoning property at 13536 52nd Ave S from DRA from Low Density Residential to High Density Residential, to include the associated Comprehensive Plan and 1/1/2024. (2) An ordinance increasing the regular levy commencing 1/1/2024. Program. Zoning Map changes. - Budget Legislation: - A Quasi -Judicial hearing to consider an ordinance to the Comprehensive Plan and Zoning Maps designation from Low Density (1) A resolution adopting the 2024-2029 Financial Residential to Medium Density Residential from Hopper at 6250 Planning Model and South 151st Street, to include the associated Comprehensive Plan and Capital Improvement Zoning Map changes. Program. UNFINISHED BUSINESS Proposed Site -Specific Rezones: a. George Long: (2) An ordinance amending the get. 2024 Biennial 2022023 Bud- get. (1) A motion to read the ordinance by title only. Poster Golf Links Business Plan. (2) A motion to approve or deny an ordinance rezoning property at 14000 Interurban Ave at the George Long site from the City of Tukwila from Low Density Residential to High Density Residential (HDR), to include the associated Comprehensive Plan and Zoning map changes. b. Terra Apartments: (1) A motion to read the ordinance by title only. (2) A motion to approve OR deny an ordinance moving the Medium Density Residential (MDR)/Low Density Residential boundary to follow the proposed boundary line adjustment at 6250 South 153rd Street for the Terra Apartments, to include the associated Comprehensive Plan and Zoning Map changes. c. DRA: (1) A motion to read the ordinance by title only. (2) A motion to approve or deny an ordinance rezoning property at 13536 52nd Ave S from DRA Low Density Residential to High Density Residential (HDR), to include the associated Comprehensive Plan and Zoning Map changes. d. Hopper: (1) A motion to read the ordinance by title only. (2) A motion to approve or deny an ordinance rezoning property at 6250 South 151st Street from Hopper from Low Density Residential (LDR) to Medium Density Residential, to include the associated Comprehensive Plan and Zoning Map changes. e. Miscellaneous Zoning Code Amendments: (1) An ordinance amending Ordinance Nos. 1758 §1 (part), 1976 §5, 2098 §1, 2199 §4, and 2581 §1, §11, as codified at various sections of Tukwila Municipal Code (TMC) Titles 17 and 18; repealing Ordinance No. 2581 §12 as codified at TMC Section 18.50.220, to update accessory dwelling unit regulations in alignment with State law and encourage housing production. (2) An ordinance amending various ordinances as codified in multiple sections of Tukwila Municipal Code Chapters 18.80 and 18.84 as detailed herein; repealing Ordinance Nos. 1770 §53 and 2368 §65, as codified at TMC Section 18.80.015; establishing TMC Chapter 18.82, "amendments to development regulations"; to clarify the process for updating the annual comprehensive plan docket and development regulations. (3) An ordinance amending various ordinances as codified in Tukwila Municipal Code Title 18, "Zoning," as delineated herein, to incorporate a variety of housekeeping code amendments and parking regulations related to: definitions (TMC Chapter 18.06), Nonconforming lots, structures and uses (TMC Chapter 18.70), and permit application types and procedures (TMC Chapter 18.104); amending Figure 18-7 and Table 18-6; establishing TMC Section 18.50.240. 85 86