The URL can be used to link to this page

Home My WebLink AboutCOW 2023-10-09 COMPLETE AGENDA PACKETMonday, Tukwila City Council Agenda �J4_4I1LA wqs o � 4. y 40 A) 1908 ❖ COMMITTEE •OF THE WHOLE ❖ Allan 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 THE MEETING ON -SITE PRESENCE THE October WILL BE PHONE NUMBER For Technical 9, 2023; CONDUCTED BOTH ON -SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Support during the meeting call: 1-206-433-7155. 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City both on -site at Tukwila City Hall or via phone or Microsoft Teams for up 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 Council to meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. PRESENTATION Annual State of the Court Address. Judge Kimberly Walden Pg.1 5. SPECIAL ISSUES a. An Interagency Agreement with the Washington State Department of Enterprise Services. b. Discussion on Financial Sustainability Committee. Pg.29 Pg.45 6. REPORTS a. Mayor b. City Council c. Staff 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE MEETING October 9, 2023 Page 2 ❖ SPECIAL MEETING ❖ ■ Ord #2712 ■ Res #2079 1. CALL TO ORDER / ROLL CALL 2. APPOINTMENTS Financial Sustainability Committee Motion(s): Confirm the appointments of to the Financial Sustainability Committee. Pg.45 3. CONSENT AGENDA A resolution amending Resolution No. 2056 to update the City sewer service and King County sewage treatment rates for 2024 in the Public Works Fee Schedule. Pg.47 4. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 5. 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/ OUTREACH `� ° OPERATIONS a 1 � 111111 IF, 4 eiR Irak TUKWILA MUNICIPAL COURT w'0412022/23 STATE OF THE COURT CASES FILED 5100 (+]0Ojo) HEARINGS HELD 6125 (+11%) • CASES FILED 3483 • Several hearing options • Fine considerations • Drug possession- unconstitutional • Convictions qualify to be vacated • Money paid may be reimbursed i AIM I ;#" 4 MI I1 t' 1 Eligibility = case scheduled Court's motion - vacate convictions • Order refunds Approximately 1150 cases State funds local work LANGUAGE ASSISTANCE OPERATIONS • COURTROOM • COURT RECEPTION • JURY MANAGEMENT • CASESCH[DUUNG • LEGAL FINANCIAL OBLIGATIONS (LFO) • 40 different languages • 45Ocases • State reimbursement • Local forms 00 WEEKLY LFO CALENDARS tukwila_court STRUGGLING TO P COURT FINES/COS Relief may be available! Contact the court for reconsideration, reduction, extended payments, community service, & other options setting people up foruccess 120 NEW CASES ADDED $216K COLLECTED $1,900 Collected by Tukwila in UP Program fees $8,245 Collected by Tukwila in past LFO's Nessa nil King County Universal Payment Program em■gyaq ur 143 reed setting people up for success WHITE PAPER Dr. Alexes Harris University of Washington, Professor of Sociology Author: A Pound of Flesh: Monetary Sanctions as 1,II 0 King County Universal Payment Program srn�ng you uv tnwerxed JAIL LIERNATIVE CO "OR : tIICES • CASE MANAGEMENT • JAIL ALTERNATIVES • DV MRT • RESOURCE CENTER DV M RT RESOURCES JAIL ALTERNATIVES ACCOUNTABILITY & PROPORTIONALITY Remote alcohol detection Electronic home monitoring (EHM) GPS - Defendant location monitoring 180K+ SAVINGS 1 AI 1 II_ 401111 DVMRT DOMESTIC VIOLENCE MORAL RECONATION THERAPY • Affordable • In demand -14 jurisdictions • 58 graduates • It works! "Where basic human needs and the well-being of , people are priorities, rather than after thoughts" - Mindy Breiner, Court Support Services Manager Referrals • Community connections • Emergency supplies TUKWILA JUSTICE CENTER COMMUNITY UTREACH 15005 '1500 5 HEALTH FAIR C4K et_ 1.1 71 LEADERSHIP LOCAL PARTNERSHIPS • EDUCATIO urviva essentia s • Treatment providers • Benefits assistance • COVID vaccines • Basic health check • Civil legal aid • Driver licensing/Commuter he r 11 • DOC reporting • Job search/resources • Peer mentors COURT FOR KIDS - C4K Mock tria • Tours • Presentations • Externships • Community service • Local partnerships a = MMEsk.. adership roles Committee memberships • Courts Helping Courts • Race equity • Academy planning/1216ga hi Hails... Training the Guardians of Democracy. 141. - 1-7 - =- T. . - THE AWARD FOR "DISTINGUISHED SERVICE" GOES TO... ruKwILA MUNICIPAL COURT iFLP White Paper The United Payment (UP) Program and Washington State Drivers' License Suspension Laws Prepared by Tyler Smith and Alexes Harris September 9th, 2023 University of Washington 21 Executive Summary In 2017, the Tukwila Municipal Court in Washington state (a small urban city located south of Seattle) developed the "Unified Payment Program" for individuals with outstanding legal debt related to non -criminal traffic offenses. This program developed three sets of reforms for people carrying penal debt. First, it centralized information and payments across jurisdictions within a unified payment system. Second, it allowed individuals to reverse the consequences of non-payment. By participating in the program, individuals have their legal debts removed from collections and their driver's licenses reinstated. Finally, it established a realistic payment plan with a minimum monthly payment as low as $25 a month. The payments are then applied equally across all outstanding tickets, allowing individuals to pay off all of their cases at once. This paper summarizes research conducted to explore the current status and impact of the UP program. Since one of the key concerns of the UP program is to help individuals reinstate their driver's licenses, our report reviews current and previous Washington state laws regarding driver's license suspensions related to non-payment of traffic citations. A new law went into effect in January 2023 that eliminated suspensions for non-payment of monetary sanctions. These changes to the law open up new questions about the current status of driver's licenses for program participants. We then examine the characteristics of UP participants between 2020-2023 to assess their demographic, program status, and payment information. Following this, we highlight emergent themes from a sample of interviews conducted with thirty UP participants to better understand their experiences with legal debt, the impact of losing their driver's license, and their involvement with the UP program. Many described living in a cycle of debt where their inability to afford payments led to them losing their ability to drive, which made it difficult to earn a reliable income. Some noted that they chose to drive even with a suspended driver's license because of the need to work or fulfill other important obligations. A common issue raised in interviews was the difficulty in getting information about how much they owed, to what jurisdictions they owed, and why their license had been suspended. For most interviewed, they felt the UP program was immensely helpful and addressed many of these issues. They cited key benefits of the program such as the centralized online portal, a realistic minimum monthly payment amount, and assistance in license reinstatement. Those interviewed felt that the program helped them move forward in their lives in a productive way. We end our report with suggestions on how the UP program can be improved according to our interviewees. We believe that the testimonies and suggestions of actual participants demonstrates the importance of the UP program and provides a set of considerations for program administrators and state policy makers for expanding and innovating upon it. 22 I. Unified Payment (UP) Program Description The Unified Payment (UP) Program' was established in 2017 within Tukwila municipal court2 to provide a centralized location for individuals to pay court -ordered fines across court jurisdictions in King County, Washington. The program originated as a collaborative effort between the district and municipal courts in King County. The program has since expanded to include several courts outside of King County and currently covers cases from 35 different cities and municipalities in Washington State. To be eligible for the program, individuals must have outstanding debt related to non -criminal traffic citations in one or more participating courts and have no outstanding bench warrants.' Individuals who apply for the program can have their non -criminal traffic fines from participating jurisdictions consolidated into a single payment system. Individuals must pay a $35 application fee to enroll in the program. Once enrolled in the program, UP administrators enter outstanding tickets into the system and participants can see the amounts owed for each of their tickets through the program's online portal. Participating courts and the Department of Licensing are then notified that the tickets have been entered into the program. This triggers courts to pull any tickets that are currently being held by private collection companies and the DOL to remove driver's license holds related to non-payment of these tickets. As long as the participant continues to make their regular minimum payment to the UP program, they will remain eligible for their driver's license. Participants in the program are put on a monthly payment plan, with a minimum payment of $25, although participants may choose to pay as much as they want in a given month. From these payments, $7 is taken as a program fee and the remaining balance of the payment is split up and applied equally to all of the individual's open cases. Participants who miss their monthly payments are given a 60 day grace period to restart payments. If they do not make a payment within 60 days of a missed payment, they are considered in default of the program. They must then pay a $100 reinstatement fee to re -enroll. After three defaults, individuals are revoked from the program and must make a special request to the judge in order to be reinstated. The UP program is unique in many ways from other relicensing programs in the state by offering the ability to address multiple tickets across different courts in one central location. The cross jurisdictional nature of the program helps individuals get full information on where their tickets are located and how much they owe across them. It is also unique in allowing individuals to address consequences for non-payment (such as driver's license suspensions) across multiple court systems at once. Finally, it offers a centralized place to begin payments on legal debts with a relatively low monthly payment amount. 1 https://www.tukwilawa.gov/departments/municipal-court/unified-payment-program/. It is important to note that the program was envisioned, designed and has been advocated for by Judicial Branch Administrator, Trish Kinlow, within the Tukwila Municipal Court. We thank Ms. Kinlow for her support of this research and the insight she has shared. z Located within the city of Tukwila in King County, Washington. 3 It is up to each individual jurisdiction whether to enter into a cooperative agreement with the UP program. 4 23 VI. Recommendations and Improvements Clear policy recommendations emerged from the examination of the UP program in response to the questions: "How could the program be improved?" and "What might help you moving forward?" Four key themes emerged from those interviewed. These recommendations include (1) making UP statewide, (2) increasing awareness of the program for others to participate, (3) developing a more robust notification system for upcoming payment dates, and (4) reducing default penalties. Make UP Statewide The primary recommendation made by our interviewees was to make the UP program statewide. While participants were grateful for being able to centralize their tickets from the King County metro area, many of them told us that they had tickets outside of participating counties. This often meant that even though they signed up for a gradual payment plan through the UP program, they still had to pay large lump sums to other courts in order to reinstate their driver's licenses. This often led to confusion over the process that individuals had to go through. Although inaccurate, some participants were told by jurisdictions not in the UP system that they would have to "pay off" their debts to these courts prior to enrolling in the UP program.16 Some individuals were also unsure whether they still had other outstanding debts in non -participating counties. As one participant said, "If there were more courts that were involved in it, it would've made it a lot easier, a lot less stressful. I don't know why the courts wouldn't want to be a part of it." Our recommendation would be to make the UP program a state -funded system in which all state, county, and municipal courts would be required to participate. By centralizing the payment of court ordered fines and fees, individuals within the system would be able to easily know what their outstanding tickets are, how much they owed, and how much they would be required to pay each month. Furthermore, we believe that this centralization would greatly benefit the courts themselves by increasing the amounts of monetary sanctions actually paid. As we have discussed, the main barriers for paying monetary sanctions are the inability to pay large lump sums or large monthly payments and difficulty in getting information about citations. The UP program helps to alleviate both of these issues. This kind of system should be made available to all drivers in Washington State regardless of which court holds their tickets. Increase Awareness of UP Program Another key recommendation would be to increase the awareness of the program. Many respondents told us that they wished they had learned of the program sooner or through a more formal route. As one respondent told us, "It should be a little bit widely known for people though. That's the only thing I think should be. Because if I knew about that a long time ago, I would have done it and paid everything when I had it." 16 This demonstrates the confusion created by having separate and disjointed systems. It appears that some actors in other jurisdictions are not aware of the requirements for joining the UP program and misinformed potential participants. 22 24 Individuals heard about the program from a variety of sources including friends or family who were involved with the program, various court personnel, internet searches, and even police at the county jail. Several individuals told us that they wished that information about the program had been provided to them as they interacted with the legal system, either when receiving their tickets or during court appearances. Such formalization would go a long way towards informing people of their options for centralizing the payment of their tickets. This would involve outreach and education for participating court systems. Making court officials more aware of the program and its requirements would allow them to pass this information to the court -involved individuals that they interact with. Court clerks should have pamphlets and flyers at all of their collection windows notifying people of the program. Ideally, a more formalized information -giving process could be established in which individuals are provided UP program information during the course of police or court interaction. Of course, mandating the program to be state-wide would alleviate the need for such outreach. However, while the UP program remains a voluntary program, increased awareness of the program will be vital to its overall success. Payment Reminders Another key recommendation is to improve the infrastructure around payment notifications and reminders. Participants told us that they would often forget when their payments were due and would only receive notifications for missed payments. The suggestion would be to provide more frequent and robust reminders to participants as their payment date approached. An effective system would likely use a variety of communication avenues, including email and text notifications. As one participant described their difficulty in timing payments, "On the payment reminder- like a text to be sent out. Because it was hard for me to remember what day it was that I had to pay because it changed days every single month because of the way the days went... Yeah, because it was like the third day or the third Friday every month, and then it would be the fourth because there's four weeks in a month and all that." A few users even suggested developing an app that would allow individuals to see their case information, set up payments, and be provided with push notifications directly on their phone. One person described it being difficult to find the exact website for the program and that being in the program would be easier if they could use an app to manage their participation. Reinstatement Fee One related, and relatively common, complaint was regarding missed payments. Individuals who had defaulted on their missed payments felt that the reinstatement fee of $100 associated with default was too high. While they understood the need for a penalty, they told us that the steep price for reinstatement was preventing them from re-entering the program. One participant expressed their sense of unfairness in the process, especially given their previous consistency in payments: "If you skip a whole month and the next one you go like, 'Oh my God. I forgot to pay, ' you're inactive. You got to pay $100 just to get back in the program. Just for missing a payment of $27... I feel like it's an unfair process... We're trying to get back on our feet. We're trying to do everything we can. So because we missed a month, maybe look at our track record- has this 23 25 person been paying this whole time and they just had an accident or just they forgot? And now we're going to kick them out and we're going to turn around and say, `Okay. Well we need another $100. '" Some indicated they would like a longer grace period prior to having to pay the re -enrollment fee. Individuals told us that they had mitigating circumstances that impacted their ability to pay for a few months, and that it was unfair to be kicked out because of these issues. They wished that court officials had more discretion in allowing them to stay on the program without paying the reinstatement fee if they were able to demonstrate hardship or if they had a previously good record of payment: "There was a month there I was delinquent and I had to pay $100 to reapply or something, or re -enroll. So that was really annoying only because there was some hardship going on at that time and homelessness and stuff. And what made me upset is that nobody ever contacted me by phone and the only thing they sent me was an email giving me a warning that my account was going to be in delinquent. And I didn't have a phone for almost a month at that time, so I told them." Of course, we recognize the importance of balancing leniency with accountability. Program administrators told us that previous experiences in the program had demonstrated the need for some kind of accountability mechanism. Thus, program administrators told us that they felt like a consequence for dropping out was necessary. Regardless, we share the testimonies of participants to show how participants feel about these reinstatement policies. We hope that doing so will help the program achieve a balance between program and participant needs. 24 26 2021-2022 Judicial Officer Survey for Courts of Limited Jurisdiction King County Bar Association Every four years, a survey is conducted of attorneys practicing in the Courts of Limited Jurisdiction. The survey provides information to the public prior to elections by presenting assessments of judicial officers so voters and appointment authorities may make informed decisions by considering the assessments of the lawyers who practice before these judges. The survey includes the 60 judges from the King County District Courts, Seattle Municipal Court, and all the King County Municipal Courts. Specifically, attorneys were asked to rate judges using the following scale: 5 - Excellent, 4 - Very good, 3 - Acceptable, 2 - Below expectations, and 1- Unacceptable. The five categories are: 1. Virtual Appearances • Understands the issues before them to provide a clear ruling consistent with the facts and law, • Treats all individuals equally without bias based on race, gender, or any extralegal personal characteristic, • Pays attention to the proceedings, • Maintains control of the courtroom, 2. Legal Decision Making • Preparedness for court, • Ability to capably identify and analyze legal and factual issues, • Ability to capably apply rules of evidence and procedure, • Ability to articulate rulings and grounds for rulings in a clear and concise manner, • Ability to base their rulings on the facts and the law, 3. Integrity and Impartiality • Displays a neutral presence on the bench, • Avoids impropriety and the appearance of impropriety, • Treats all people equally without bias based on race, gender, or any other extralegal personal characteristic, • Displays sensitivity towards the individuals before them who are members of communities that have historically faced discrimination, • Improves access to justice and works to eliminate bias within their courtroom for persons of all backgrounds and life experiences in a culturally competent and trauma -responsive manner (ex: utilizing remote appearances, flexibility on hearing times, identifying, and resolving language and communication barriers, providing resources for obtaining legal help, accommodating participants with physical or cognitive disabilities), 4. Demeanor, Temperament, and Communication • Treats people with courtesy and respect, • Pays attention to the proceedings, • Acts with patience and self-control, • Uses clear and logical communication while in court, 5. Administrative Skills • Maintains control of the courtroom, • Appropriately manages cases and enforces court rules and deadlines, • Is prompt and timely in making decisions and rulings, • Uses the court's time efficiently, 27 Judge Kimberly Walden, Tukwila Municipal Court Virtual Appearances Legal Decision Making Integrity and Impartiality Demeanor, Temperament, and Communication Administrative Skills 4.13 4.77 3.91 4.8 4.04 4.81 4.09 4.82 4.06 4.82 0 1 2 3 4 Overall Survey Average • Walden Score Additionally, Judge Walden's individual scores were the highest amongst all judges in every category published. Anonymous comments by attorney evaluators submitted to the survey and not previously made available to the public: • Kim is a model judge that everyone can learn from • Probably the best judge I have ever been in front of • Sometimes more concerned about form than substance which bothers me. Overall, a good judge • Judge Walden is incredibly good at interacting with defendants. She always appears calm and prepared for every case. She provides defendants and counsel with resources and individualized attention that sets them up for success. 28 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Pr pared by Mayor's review Council review 10/9/23 DR 10/16/23 DR ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 10/9/23 AGENDA ITEM TITLE Interagency Agreement Approval - Washington Department of Enterprise Services CATEGORY ® Discussion Mtg Date 10/9/23 ® Motion Mtg Date 10/16 ❑ 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 ® PTV SPONSOR'S SUMMARY City staff seek to enter into an Interagency Agreement with the Washington Department of Enterprise Services so we may utilize the Energy Savings Performance Contracting process for execution of the Tukwila Community Center HVAC Replacement Project. The agreement must be approved by council before the Mayor may execute it. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/ 25/ 23 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Parks and Recreation; Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: Approval of IAA does not obligate the city to any general fund outflows MTG. DATE RECORD OF COUNCIL ACTION 10/9/23 10/16/23 MTG. DATE ATTACHMENTS 10/9/23 Informational Memorandum dated 9/8/23 Proposed Interagency Agreement (K8640) Minutes from the 9/25 CSS Committee Meeting 10/16/23 29 30 City of Tukwila Allan Ekberg, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: City of Tukwila City Council FROM: Pete Mayer, Parks & Recreation Director/Acting Deputy City Administrator BY: David Rosen, Parks & Recreation Fiscal Analyst DATE: September 8, 2023 SUBJECT: Approval of Proposed Interagency Agreement with Washington Department of Enterprise Services ISSUE To move forward on the Tukwila Community Center HVAC Replacement Project, city staff seek to utilize the Energy Savings Performance Contracting (ESPC) process provided by the Washington Department of Enterprise Services (DES). To utilize the ESPC, the City must enter into an interagency agreement (IAA) with DES, which requires approval by the City Council for the mayor to execute. BACKGROUND The Tukwila Community Center, which serves as the city's primary recreation center and headquarters for the Parks & Recreation Department, still utilizes its original HVAC system and components from its construction in 1997. Said system is nearing obsolesce and is in need of replacement to maintain operational readiness for both day-to-day and emergency operations. To assist with this project, city staff have retained McKinstry (Contract 23-087) for assessment of the current system, study of potential replacement options, and assistance in identifying potential project funding sources. At this time, final project proposals and costs are being identified while the ESPC process has been chosen as the method by which the project will be procured and executed. This procurement method has been utilized by the city for past projects, DES has since updated their language, necessitating this IAA's execution. DISCUSSION The ESPC process was developed by DES to assist public facilities in the procurement and installation of Energy Efficiency Measures. Governments must sign an IAA with DES before working with Energy Services Companies (ESCOs) that are pre -qualified by DES. The ESPC provides overall contract and project management via an assigned project manager in exchange for a fee based on the project's total value, which is only applied after an investment grade audit has been performed and cost-effectiveness criteria met. The ESPC's advantages include cost efficiency and risk management through guaranteed total project costs, equipment performance, and energy savings . FINANCIAL IMPACT Execution of the IAA does not directly cause any general fund inflows or outflows. RECOMMENDATION City staff recommend this item be forwarded to the October 9th Committee of the Whole agenda. ATTACHMENTS A --- Proposed Interagency Agreement (K8640) Tukwila City Halt • 6200 5authcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 31 32 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St. SE, Olympia, WA 98501 PO Box 41476, Olympia, WA 98504-1476 State of Washington ENERGY PROGRAM Department of Enterprise Services P.O. Box 41476 Olympia, WA 98504-1476 INTERAGENCY AGREEMENT IAA No.: K8640 City of Tukwila Parks & Recreation 12424 42nd Ave. South Tukwila, WA 98168 Date: September 1, 2023 INTERAGENCY AGREEMENT BETWEEN CITY OF TUKWILA AND WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES Pursuant to RCW chapter 39.34 and RCW chapter 39.35C, this Interagency Agreement (Agreement) is made and entered into by and between the State of Washington acting by and through the Energy Program of the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and City of Tukwila, a Washington State governmental agency ("Client Agency") and is dated and effective as of the date of the last signature. RECITALS A. Enterprise Services, through its Energy Program ("Energy Program"), helps owners of public facilities reduce energy and operational costs. The Energy Program is a national leader in developing and managing energy savings performance contracts that help reduce energy and operational costs in publicly -owned facilities. B. Upgrading to energy efficient infrastructure helps reduce long-term operations and maintenance costs. This allows owners to be better financial stewards while achieving their mission, so that Washington is a better place to live, learn, and work. C. Acting as the owner's advocate, the Energy Program delivers professional expertise and contract management services. By leveraging capital investments, owners can achieve efficiencies, improve facilities, and reduce carbon emissions in their publicly -owned facilities. Energy Program also creates value to owners by managing risk through guaranteed total project costs, equipment performance, and energy savings. D. Client Agency, an owner of a public facility, desires to contract with Energy Program to access and obtain certain Energy Program Services. E. The purpose of this Agreement is to establish a vehicle for Energy Program to provide future energy/utility conservation project management services to Client Agency and to authorize the development of the energy services proposal in a cost-effective, efficient manner. 33 Washington State EZEI DEPARTMENT OF ENTERPRISE SERVICES AGREEMENT Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. TERM. The term of this Agreement commences on the date of the last signature and ends December 31. 2027. 2. STATEMENT OF WORK. A. ENERGY PROGRAM. Energy Program agrees to provide the following Services: i. Upon request by Client Agency for energy services for a specific Energy/Utility Conservation Project(s), the Parties shall execute an amendment to this Agreement to specify the project and associated project management fees as set forth by Attachment B. Enterprise Services shall furnish necessary personnel and services as specified and set forth in Attachment A, Project Management Services Scope of Work. ii. Assist in Dispute Resolution. Dispute resolution is an ongoing process throughout the project. However, this assistance does not include formal dispute resolution, arbitration or legal advice or representation in any legal action, and does not include legal fees and costs related to any dispute. Formal dispute resolution begins when a written claim is received demanding arbitration or other legal process is received. All formal dispute fees and costs will be borne separately by Client Agency. The Attorney General cannot and will not represent or advise a non -state agency. B. CLIENT AGENCY. Client Agency agrees to the following: i. Will conform to the protocols of this Agreement, including Enterprise Services' General Conditions for Washington State Energy Savings Performance Contracting ("General Conditions"), and as supplemented. ii. Will conform to the requirements of the General Conditions for timely processing and approval of agreed upon changes to construction contracts involving cost, and for payment. iii. Will conform to the following guidelines for communications between Client Agency, Enterprise Services and ESCOs (Energy Services Company) through the design, construction and post -construction phases as outlined below: a) Communications between Client Agency, Energy Program Project Manager ("PM") and ESCO shall go through the PM. The PM may authorize exceptions for specific projects or situations. The PM may authorize the ESCO to communicate directly with Client Agency personnel to expedite the design and to avoid communication delays. This action does not authorize additional work, change in scope, or exclude copying all communications between ESCO and Client Agency to the PM. b) All drawings, specifications, reports, and project correspondence must contain the State Project Number and suffix. ■ The State Project Number consists of the fiscal year and a numerical sequence number, for example 2018-024, followed by an alphabetical suffix. 34 INTERAGENCY AGREEMENT NO. K8640 Page 2 (9-10-2018) Washington State DEPARTMENT OF ENTERPRISE SERVICES ■ Professional services agreements have suffixes A through F, for example 2018-024 A. ■ Construction contracts have suffixes G through Z, for example 2018-024 G. iv. All identification and monitoring of documentation required by the funding source shall remain the responsibility of Client Agency. 3. COMPENSATION AND REQUIREMENTS. A. COMPENSATION. Compensation under this Agreement shall be by amendment to this Agreement for each authorized project. Each amendment shall include a payment schedule for the specific project. i. Project Management Services Scope of Work (Attachment A): For project management services provided by Energy Program, Client Agency shall pay Enterprise Services a Project Management Fee for services based on the total project value (including Washington state sales tax) per the Project Management Fee Schedule set forth in Attachment B. ii. Termination Fee: If Client Agency, after authorizing an investment grade audit and energy services proposal, decides not to proceed with an energy/utility conservation project that meets Client Agency's cost effective criteria, then the Client Agency will be charged a termination fee as set forth in Project Management Fee Schedule. The termination fee shall be based on the estimated total project value outlined in the energy services proposal prepared by the ESCO as set forth in Attachment B. iii. Measurement & Verification Services ("M&V") Scope of Work (Attachment C): If M&V are requested by Client Agency beyond the first three years following the notice of commencement of energy cost savings, Client Agency shall pay Enterprise Services $2,000.00 annually for each year that such M&V are provided. B. PAYMENT FOR ESCO SERVICES. In the event that Client Agency enters into a contract with an Energy Program pre -qualified ESCO, pursuant to an Enterprise Services Main Energy Services Agreement for ESCO Services, Client Agency shall make payment for such contracted services directly to the ESCO, after Energy Program has reviewed and sent such invoices to Client Agency for payment. C. FURTHER ASSURANCES. Client Agency shall provide the ESCO with any additional necessary or desired contract language to comply with Client Agency's obligations pertaining to its use of federal, state, or other grants, funding restrictions, or unique contract/entity requirements. The ESCO and their subcontractors are required to comply with all applicable federal regulations and reporting procedures. D. MANAGING COMPLIANCE WITH STATE AND FEDERAL LAW. In all ESCO project agreements and contracts pertaining to this Agreement, Energy Program will require ESCO's compliance with applicable federal and state laws and state policies including, but not limited to, the following: 1. RCW Title 39 and 43 2. ADA Requirements 3. Buy America 4. Davis -Bacon S. Prevailing Wage 6. DBE Participation INTERAGENCY AGREEMENT NO. K8640 Page 3 (9-10-2018) 35 Washington State MEI DEPARTMENT OF ENTERPRISE SERVICES 7. Apprentice Participation Upon request by Client Agency, Energy Program will collect and provide the weekly -certified payroll to Client Agency. Client Agency, however, shall remain responsible for any documentation required by Client Agency's funding source. All federal verification, investigation, survey, reporting and enforcement requirements when there is a possible violation shall remain the responsibility of the federal grant recipient (Client Agency) unless negotiated by Energy Program and added by amendment to this Agreement. In the event that Energy Program becomes aware of a possible violation, it will notify Client Agency. 4. INVOICES AND BILLING. A. BILLING PROCEDURE. Enterprise Services shall submit invoices to Client Agency upon substantial completion and notice of commencement of energy cost savings of each authorized project, unless an amendment specifies special billing conditions and timeline. Substantial completion of the project will include the delivery and acceptance of the notice of commencement of energy cost savings issued by the ESCO. Each invoice will clearly indicate that it is for the services rendered in performance under this Agreement and shall reflect this Agreement and Amendment number. Energy Program will invoice for any provided services within sixty (60) days of the expiration or termination of this Agreement. B. PAYMENT PROCEDURE. Client Agency shall pay all invoices received from Enterprise Services within thirty (30) days of receipt of properly executed invoice vouchers. C. BILLING DETAIL. Each invoice submitted to Client Agency by Enterprise Services shall include information as is necessary for Client Agency to determine the exact nature of all expenditures. At a minimum, the invoice shall reference this Agreement and include the following: ■ Amendment number and project ■ The date(s) such services were provided ■ Brief description of the services provided ■ Total invoice amount D. BILLING ADDRESS. Invoices shall be delivered to Client Agency electronically to: Email: david.rosen@tukwilawa.gov 5. AGREEMENT MANAGEMENT. The parties hereby designate the following Agreement administrators as the respective single points of contact for purposes of this Agreement, each of whom shall be the principal contact for business activities under this Agreement. The parties may change administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Attn: Bei Zhang Energy Project Manager Energy Program Washington Dept. of Enterprise Services PO Box 41476 Olympia, WA 98504-1476 Tel: (360) 701-8431 Email: Bei.zhang@des.wa.gov Client Agency Attn: David Rosen Fiscal Analyst City of Tukwila Parks & Recreation 12424 42nd Ave. South Tukwila, WA 98168 Tel: (206) 767-2310 Email: david.rosen@tukwilawa.gov 36 INTERAGENCY AGREEMENT No. K8640 Page 4 (9-10-2018) Washington State DEPARTMENT OF ENTERPRISE SERVICES Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. The Client Agency representative shall be responsible for working with Energy Program, approving billings and expenses submitted by Energy Program, and accepting any reports from Energy Program or ESCO. The Energy Program representative shall be the contact person for all communications regarding the conduct of work under this Agreement. 6. RECORDS. A. AGREEMENT AVAILABILITY. Prior to its entry into force, this Agreement shall be posted on the parties' websites or other electronically retrievable public source as required by RCW 39.34.040. B. RECORDS RETENTION. Each party shall maintain records and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance and payment of the services. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and officials authorized by law. Such records shall be retained for a period of six (6) years following expiration or termination of this Agreement or final payment for any service placed against this Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. C. OWNERSHIP. Records and other information, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third party without first providing notice to the other party and allowing ten (10) business days in which to file, at its sole expense, a motion seeking a protective order, or other legal action. Each party will utilize reasonable security procedures and protections to assure that records and information provided by the other party are not erroneously disclosed to third parties. D. PUBLIC RECORDS. This Agreement and all related records are subject to public disclosure as required by RCW 42.56, the Public Records Act (PRA). 7. RESPONSIBILITY OF THE PARTIES. Each party to this Agreement assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility to the other party for any third party claims. 8. DISPUTE RESOLUTION. The parties shall use their best, good faith efforts cooperatively and collaboratively to resolve any dispute that may arise in connection with this Agreement as efficiently as practicable, and at the lowest possible level with authority to resolve such dispute. The parties shall make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve any such dispute. If, however, a dispute persists regarding this Agreement and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall produce its description of the dispute in writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree on a mutual resolution within fifteen (15) business days, the parties shall abide INTERAGENCY AGREEMENT No. K8640 (9-10-2018) Page 5 37 Washington State MEI DEPARTMENT OF ENTERPRISE SERVICES by the Governor's dispute resolution process (RCW 43.17.330), if applicable, or collectively shall appoint a third party to evaluate and resolve the dispute and such dispute resolution shall be final and binding on the parties. 9. TERMINATION FOR CONVENIENCE. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days prior written notification. Upon such termination, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of such termination. 10. GENERAL PROVISIONS. A. COMPLIANCE WITH LAW. The Parties shall comply with all applicable law. B. INTEGRATED AGREEMENT. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. C. AMENDMENT OR MODIFICATION. Except as set forth herein, this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party. D. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. E. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Agreement. Neither party is an agent of the other party nor authorized to obligate it. F. GOVERNING LAW. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. G. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. H. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Agreement in their entirety. I. CAPTIONS & HEADINGS. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof. J. ELECTRONIC SIGNATURES. A signed copy of this Agreement or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. 38 INTERAGENCY AGREEMENT NO. K8640 Page 6 (9-10-2018) Washington State MEI DEPARTMENT OF ENTERPRISE SERVICES K. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Agreement. EXECUTED AND EFFECTIVE as of the date of the last signature. City of Tukwila STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES By: By: Name: Name: Kirsten G. Wilson, PE Title: Title: Energy Program Manager Date: Date: INTERAGENCY AGREEMENT NO. K8640 Page 7 (9-10-2018) 39 Washington State MEI DEPARTMENT OF ENTERPRISE SERVICES ATTACHMENT A PROJECT MANAGEMENT SERVICES SCOPE OF WORK Energy/Utility Conservation Projects Statewide Energy Performance Contracting Program Energy Program will provide the following project management services for each specific project for the Client Agency. Each individual project shall be authorized by an amendment to this Agreement. 1. Assist the Client Agency in the selection of an Energy Service Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Assist in negotiating scope of work and fee for an ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with ESCO's Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review ESCO invoice voucher(s) received for reasonableness and forward to Client Agency for review and payment. 9. Assist with final project acceptance. 10. Assist in resolution of disputes with the ESCO that arise during this Agreement, not to include formal disputes. 11. Review up to the first three years of the ESCO's annual Measurement and Verification (M&V) reports for completeness and accuracy. Review any ESCO guarantee compared to reported results and resolve differences, if needed. Review and forward ESCO invoice vouchers for payment by the Client Agency. 40 INTERAGENCY AGREEMENT NO. K8640 Page 8 (9-10-2018) 2IWashington State DEPARTMENT OF ENTERPRISE SERVICES ATTACHMENT B PROJECT MANAGEMENT FEE SCHEDULE 2023-2025 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION FEE 5,000,001 6,000,000 $68,800 25,700 4,000,001 5,000,000 67,700 25,400 3,000,001 4,000,000 66,700 25,000 2,000,001 3,000,000 62,500 23,400 1,500,001 2,000,000 58,300 21,800 1,000,001 1,500,000 51,600 19,300 900,001.... 1,000,000 43,800 16,400 800,001 900,000 41,300 15,400 700,001 800,000 38,300 14,400 600,001 700,000 36,500 13,700 500,001 600,000 33,800 12,600 400,001 500,000 30,200 11,300 300,001 400,000 25,800 9,700 200,001 300,000 20,700 7,700 100,001 200,000 14,400 5,400 50,001 100,000 7,800 3,500 20,001 50,000 4,200 2,000 The project management fee on projects over $6,000,000 is 1.15% of the project cost. The maximum Energy Program termination fee is $25,700. 1. These fees cover project management services for energy/utility conservation projects managed by Enterprise Services' Energy Program. 2. Termination fees cover the selection and project management costs associated with managing an ESCO's investment grade audit and energy services proposal. No termination fee will be charged unless Client Agency decided not to proceed to construction based on an energy services proposal that identifies projects that met Client Agency's cost effectiveness criteria. 3. If the project meets Client Agency's cost effectiveness criteria and Client Agency decides not to move forward with a project, then Client Agency will be invoiced per the above listed Termination Fee or $25,700 whichever is less. If Client Agency decides to proceed with the project then the Agreement will be amended to include the Project Management Fee listed above. 4. If the audit fails to produce a project that meets Client Agency's established cost effectiveness criteria, then there is no cost to Client Agency and no further obligation by Client Agency. INTERAGENCY AGREEMENT NO. K8640 Page 9 (9-10-2018) 41 Washington State DEPARTMENT OF ENTERPRISE SERVICES ATTACHMENT C MEASUREMENT &c VERIFICATION SERVICES SCOPE OF WORK Energy/Utility Conservation Projects Statewide Energy Performance Contracting Program If requested, Energy Program will provide the following measurement and verification services for each year beyond the first three years following the Notice of Commencement of Energy Cost Savings by the ESCO for the specific Client Agency project: 1. Review the ESCO's annual Measurement and Verification report for completeness and accuracy. Review any ESCO guarantee compared to reported results and resolve differences, if needed. Review and forward any ESCO invoice vouchers for payment by the Client Agency. 2. Where necessary, review Client Agency facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use with the ESCO and Client Agency that may impact achieved energy savings. 3. Attend a meeting or meetings with Client Agency and ESCO to review and discuss the annual Measurement and Verification report. 42 INTERAGENCY AGREEMENT NO. K8640 Page 10 (9-10-2018) City of Tukwila City Council Community Services & Safety Committee Meeting Minutes September 25, 2023- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp David Rosen, Eric Dreyer, Eric Lund Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Interagency Agreement: Tukwila Community Center HVAC Replacement Staff is seeking Council approval of an interagency agreement with the Washington State *Department of Enterprise Services, which allows the use of the Energy Savings Performance Contracting process for this project. Items) for follow-up: Provide high-level estimate of project installation timeline. Committee Recommendation: Unanimous approval. Forward to October 9, 2023 Committee of the Whole. B. 2022 Police Department Annual Report Staff presented the report. Committee Recommendation: Discussion only. MISCELLANEOUS The meeting adjourned at5:35 p.m. %» Committee Chair Approval Minutes by LH 43 44 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/9/23 LH ITEM INFORMATION ITEM NO. 5.B. & Spec 2 STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 10/9/23 AGENDA ITEM TITLE Financial Sustainability Committee Appointments CATEGORY ® Discussion Mtg Date 10/9/23 ® Motion Mt Date 10/9/23 ❑ 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 ❑ PIS SPONSOR'S SUMMARY The City Council is asked to make appointments to the City of Tukwila Financial Sustainability Committee, which is tasked with providing advice to the Mayor and City Council about the future of services, taxes and fees. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/9/23 MTG. DATE ATTACHMENTS 10/9/23 Applications will be provided under separate cover to the extension of the deadline. 45 46 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by lllayorr review Council review 10/09/23 JR ITEM INFORMATION ITEM No. Spec 3 STAFF SPONSOR: GRIFFIN LERNER ORIGINAL AGENDA DATE: 10/09/23 AGENDA ITEM TITLE Sewer Utility Fund - Amendment to Resolution 2056 CATEGORY ❑ Discussion Mtg Date 11 Motion Date 10/09/23 ❑ 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 IS P&R ❑Police P1F Court SPONSOR's On October 24, 2022, Resolution 2056 was adopted by the City to provide a new Public SUMMARY Works Fee schedule for Sewer, Water, and Surface Water utilities. King County sewer rates increased from $52.11 to $55.11 per residential customer equivalent per month in 2024 and this proposed amendment reflects this increase. Council is being asked to adopt the proposed amendment in accordance with the Public Works Fee Schedule Resolution 2056. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 10/02/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special 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 MTG. DATE ATTACHMENTS 10/09/23 Informational Memorandum dated 09/30/23 Amendment to Resolution 2056 King County Ordinance 19623 Minutes from Transportation and Infrastructure Committee meeting of 10/02/23 47 48 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM To: Transportation and Infrastructure Services Committee From: Hari Ponnekanti, Public Works Director/City Engineer By: Griffin Lerner, Public Works Analyst CC: Mayor Ekberg Date: September 29, 2023 Subject: Sewer Utility Fund - Amendment to Resolution 2056 ISSUE Adopt the proposed amendment to reflect the King County sewer rate increase in 2024 in accordance with the Public Works Fee Schedule Resolution 2056. BACKGROUND On October 24, 2022, Resolution 2056 was adopted by the City to provide a new Public Works Fee schedule for Sewer, Water, and Surface Water utilities. Each biennium, the City analyzes the rate model for the three utility enterprise funds to ensure revenues keep pace with expenses. DISCUSSION King County Ordinance No. 19623 adopted a 5.75% rate increase in the King County sewage disposal fees for 2024. Historically, the City passes these costs through to rate payers via a separate billing line item. The Resolution 2056 only reflects the rate increase in 2023 and needs to be updated with the 2024 rate increase. King County sewer rates increased from $52.11 to $55.11 per residential customer equivalent per month in 2024. The proposed amendment reflects this increase. Tukwila's sewer base rate will increase from $31.00 to $32.00, as previously approved by Council in accordance with the rate model that analyzes the City's operational and capital needs. RECOMMENDATION Council is being asked to adopt the proposed amendment in accordance with the Public Works Fee Schedule Resolution 2056 and consider this item on the Consent Agenda at the October 9, 2023, Special Council Meeting. Attachments: Amendment to Resolution 2056 King County Ordinance 19623 49 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING RESOLUTION NO. 2056 TO UPDATE THE CITY SEWER SERVICE AND KING COUNTY SEWAGE TREATMENT RATES FOR 2024 IN THE PUBLIC WORKS FEE SCHEDULE. WHEREAS, the City is authorized to impose fees to recoup the costs of services rendered; and WHEREAS, Resolution No. 2056 was adopted on October 24, 2022, to set rates in the Public Works Fee Schedule for 2023 and 2024, and the annual King County Sewage Treatment Rates for 2024 were not available at that time; and WHEREAS, Resolution No. 2056 set the City's Sewer Rate for 2023 but did not set the rate for 2024; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Resolution No. 2056 is hereby amended to update the City Sewer Rates and King County Sewage Treatment Rates for 2024 in the Public Works Fee Schedule, which shall take effect as of January 1, 2024: Sewer Rates Fees Residential Sewer Service (single dwelling unit) 2023 2024 Flat rate of $31.00 per month [TMC 14.16.030 (1)] Flat rate of $32.00 per month LTMC 14.16.030 (1)7 Residential Sewer Service (multiple dwelling unit, permanent type) 2023 2024 Flat rate of $31.00 per month for each dwelling unit [TMC 14.16.030 (2)]. Flat rate of $32.00 per month for each dwelling unit [TMC 14.16.030 (2)]. CC: \Legislative Development\Sewage Treatment Rates for 2024 in PW fee schedule 9-14-23 G. Lerner: Review by A.Youn Page 1 of 2 51 SEWAGE TREATMENT RATES As of 20222024, the City Sewage Treatment Charges as required by the Agreement for Sewage Disposal between the King County Metropolitan Services and the City of Tukwila are set at a flat rate of $'19.27$55.11 per single family dwelling. For multiple family and commercial/industrial accounts, there is a minimum charge of $'19.27$55.11 per meter for up to 750 cubic feet of consumption plus $49 $55.11 per each additional 750 cubic feet or fraction thereof. (Consumption x 6.56937.348) 09.2755.11 / 7.5) 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 Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC: \Legislative Development\Sewage Treatment Rates for 2024 in PW fee schedule 9-14-23 G. Lerner: Review by A.Youn 52 Page 2 of 2 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA King County KING COUNTY Signature Report Ordinance 19623 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 Proposed No. 2023-0172.1 Sponsors McDermott 1 AN ORDINANCE relating to rates and charges for sewage 2 treatment and disposal; and amending Ordinance 12353, 3 Section 2, as amended, and K.C.C. 4A.670.100, Ordinance 4 18745, Section 2, and Ordinance 11398, Section 1, as 5 amended, and K.C.C. 28.84.055. 6 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 7 SECTION 1. Ordinance 12353, Section 2, as amended, and K.C.C. 4A.670.100 8 are hereby amended to read as follows: 9 A. Having determined the monetary requirements for the disposal of sewage, the 10 council hereby adopts a ((2423)) 2024 sewer rate of ((fifty two)) fifty-five dollars and 11 eleven cents per residential customer equivalent per month. Once a sewer rate ordinance 12 becomes effective, the clerk of the council is directed to deliver a copy of that ordinance to 13 each agency having an agreement for sewage disposal with King County. 14 B. The King County council approves the application of Statement No. 62 of the 15 Governmental Accounting Standards Board (GASB-62) as it pertains to regulatory assets 16 and liabilities to treat pollution remediation obligations and RainWise Program 17 expenditures and strategic planning costs as regulatory assets, recovered ratably over the 18 life of the underlying financing and to establish a rate stabilization reserve for the 19 purpose of leveling rates between years. 1 53 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Ordinance 19623 20 C. As required for GASB-62 application, amounts are to be placed in the rate 21 stabilization reserve from operating revenues and removed from the calculation of debt 22 service coverage. The reserve balance shall be an amount at least sufficient to maintain a 23 level sewer rate between 2023 and 2024, and shall be used solely for the purposes of: 24 maintaining the level sewer rate in 2024; and if additional reserve balance is available, 25 moderating future rate increases beyond 2024. The estimated amount of the reserve, as 26 shown in the financial forecast, Attachment A to ((Ordinance 191117)) this ordinance, 27 shall be revised in accordance with the 2023-2024 Biennial Budget Ordinance and 28 financial plan. If the reserve needs to be reduced to meet debt service coverage 29 requirements for ((2)) 2023, the county executive shall notify the council of the 30 change by providing an updated financial plan. 31 SECTION 2. Ordinance 18745, Section 2, as amended, is hereby amended to 32 read as follows: 33 Monetary requirements for the disposal of sewage as defined by contract with the 34 component sewer agencies for the fiscal year beginning January 1, ((2023)) 2024, and 35 ending December 31, ((2-023)) 2024. The council hereby determines the monetary 36 requirements for the disposal of sewage as follows: 37 Administration, operating, maintenance repair and replacement (net of other 38 income): (($73,511,8311)) $76,762,508. 39 Establishment and maintenance of necessary working capital reserves: 40 (($112,291,106)) $151,283,097. 41 Requirements of revenue bond resolutions (not included in above items and net of 42 interest income): (($289,269,486)) $285,003,893. 2 54 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Ordinance 19623 43 TOTAL: (($475,102,42-7)) $513,049,498. 44 SECTION 3. Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055 are 45 hereby amended as follows: 46 A. The amount of the metropolitan sewage facility capacity charge adopted by 47 K.C.C. 28.84.050.0. that is charged monthly for fifteen years per residential customer or 48 residential customer equivalent shall be: 49 1. Seven dollars for sewer connections occurring between and including January 50 1, 1994, and December 31, 1997; 51 2. Ten dollars and fifty cents for sewer connections occurring between and 52 including January 1, 1998, and December 31, 2001; 53 3. Seventeen dollars and twenty cents for sewer connections occurring between 54 and including January 1, 2002, and December 31, 2002; 55 4. Seventeen dollars and sixty cents for sewer connections occurring between 56 and including January 1, 2003, and December 31, 2003; 57 5. Eighteen dollars for sewer connections occurring between and including 58 January 1, 2004, and December 31, 2004; 59 6. Thirty-four dollars and five cents for sewer connections occurring between 60 and including January 1, 2005, and December 31, 2006; 61 7. Forty-two dollars for sewer connections occurring between and including 62 January 1, 2007, and December 31, 2007; 63 8. Forty-six dollars and twenty-five cents for sewer connections occurring 64 between and including January 1, 2008, and December 31, 2008; 3 55 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Ordinance 19623 65 9. Forty-seven dollars and sixty-four cents for sewer connections occurring 66 between and including January 1, 2009, and December 31, 2009; 67 10. Forty-nine dollars and seven cents for sewer connections occurring between 68 and including January 1, 2010, and December 31, 2010; 69 11. Fifty dollars and forty-five cents for sewer connections occurring between 70 and including January 1, 2011, and December 31, 2011; 71 12. Fifty-one dollars and ninety-five cents for sewer connections occurring 72 between and including January 1, 2012, and December 31, 2012; 73 13. Fifty-three dollars and fifty cents for sewer connections occurring between 74 and including January 1, 2013, and December 31, 2013; 75 14. Fifty-five dollars and thirty-five cents for sewer connections occurring 76 between and including January 1, 2014, and December 31, 2014; 77 15. Fifty-seven dollars for sewer connections occurring between and including 78 January 1, 2015, and December 31, 2015; 79 16. Fifty-eight dollars and seventy cents for sewer connections occurring 80 between and including January 1, 2016, and December 31, 2016; 81 17. Sixty dollars and eighty cents for sewer connections occurring between and 82 including January 1, 2017, and December 31, 2017; 83 18. Sixty-two dollars and sixty cents for sewer connections occurring between 84 and including January 1, 2018, and December 31, 2018; 85 19. Sixty-four dollars and fifty cents for sewer connections occurring between 86 and including January 1, 2019, and December 31, 2019; 4 56 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Ordinance 19623 87 20. Sixty-six dollars and thirty-five cents for sewer connections occurring 88 between and including January 1, 2020, and December 31, 2020; 89 21. Sixty-eight dollars and thirty-four cents for sewer connections occurring 90 between and including January 1, 2021, and December 31, 2021; 91 22. Seventy dollars and thirty-nine cents for sewer connections occurring 92 between and including January 1, 2022, and December 31, 2022; ((and)) 93 23. Seventy-two dollars and fifty cents for sewer connections occurring between 94 and including January 1, 2023, and December 31, 2023- and 95 24. Seventy-four dollars and twenty-three cents for sewer connections occurring 96 between and including January 1, 2024, and December 31, 2024. 97 B.1. In accordance with adopted policy FP-15.3.d. in the Regional Wastewater 98 Services Plan, K.C.C. 28.86.160.C., it is the council's intent to base the capacity charge 99 upon the costs, customer growth and related financial assumptions used in the Regional 100 Wastewater Services Plan. 101 2. In accordance with adopted policy FP- 6 in the Regional Wastewater Services 102 Plan, K.C.C. 28.86.160.C., the council hereby approves the cash balance and reserves as 103 contained in the attached financial plan for ((2-02-3)) 2024, which is Attachment A to 104 ((Ordinance 19447)) this ordinance. 105 3. In accordance with adopted policy FP-15.3.c., King County shall pursue 106 changes in state legislation to enable the county to require payment of the capacity charge 5 57 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Ordinance 19623 107 in a single payment, while preserving the option for new ratepayers to finance the 108 capacity charge. Ordinance 19623 was introduced on 5/2/2023 and passed by the Metropolitan King County Council on 6/6/2023, by the following vote: ATTEST: DocuSigned by: L laPa,K._ 8DE1BBS7*AD3422... Yes: 8 - Balducci, Dembowski, Kohl-Welles, Perry, McDermott, Upthegrove, von Reichbauer and Zahilay No: 1 - Dunn Melani Pedroza, Clerk of the Council APPROVED this day of 6/14/2023 KING COUNTY COUNCIL KING COUNTY, WASHINGTON DocuSigned by: E70CE01 FO7B14EF... Dave Upthegrove, Chair �Docu Signed by: \--4F BCAB81 g6AE4C6... Dow Constantine, County Executive Attachments: A. Wastewater Treatment Division Financial Forecast 6 58 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Wastewater Treatment Division Attachment A - Financial Forecast Actual 2022 Budget 2023 Operating Financial Forecast - 4611 ($ '000) Monthly Sewer Rate Rate Increase Residential Customer Equivalents (RCEs) Revenue Sewer Rate Capacity Charge Industrial Waste Resource Recovery Other Income Investment Income Use (Transfer to) Rate Stabilization Reserve $49.27 $52.11 4.01% 5.76% 748,808 764,063 10.4% $ 442,908 $ 477,784 98,208 94,799 10,485 10,539 11,743 8,639 5,659 4,509 6,542 14,015 Total - Revenue $ 575,545 $ 610,285 Expenditures & Transfers O&M Expenses $ (174,128) $ (193,913) Existing Debt Service (248,013) (258,355) New Debt Service - (8,798) Debt Retirement/ Defeasance Use of Cash - - Minimum Operating Reserve Contribution (1,841) (1,755) Total - Expenditures & Transfers $ (423,982) $ (462,822) Net Cash Flow $ 151,563 $ 147,463 Beginning Balance $ 73,154 $ 42,431 Net Cash Flow 151,563 147,463 Policy Cash -Funded Capital (Transfer to Capital Fund)' (166,800) (189,893) Ending Balance Ending Reserve Balances Water Quality Operating Liquidity Reserve $ 17,413 $ 19,391 Rate Stabilization Reserve Account $ 46,250 $ 46,250 Debt Service Coverage - Parity Bonds (Senior Lien) Debt Service Coverage - All -In Debt Service ncludes tar et on $ 57,917 $ 2.84x 1.62x 2.90x 1.56x nal cost de•reciation ca•ital funding from rates •lus excess transfer from the Capital Funding Forecast - 3611 & 3612 ($ '000) Beginning Balance WIFIA Proceeds State Loan Proceeds Variable Rate Debt Proceeds Commercial Paper/ Interim Financing Retirement of Interim Financing Net Bond Proceeds Debt Reserve Contribution/(Requirement) Grants, Settlements, and Other $ 233,909 $ 44,872 31,400 (38,500) 460 2,612 201,482 44,600 155,148 53,313 (81,615) 459 59 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Capital Expenditures (258,618) (315,949) Ending Balance Before Transfers $ 16,135 $ 57,438 Year-end Transfers from Operating Fund 166,800 189,893 Ending Balance $ 182,935 $ 247,331 Ending Reserve Balances Capital Liquidity Reserve 5,000 5,000 Emergency Capital Reserve 15,000 15,000 Revenue Bonds Reserve Account State Revolving Fund Reserve Account 128,764 126,412 981 981 Note: Bond covenants are written to allow that in any given year, use of the Rates Stabilization Re basis for calculating bond coverage. This allows WTD to use reserves to smooth rate increases anc 60 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Rate Proposal Projected Projected Projected Projected 2024 2025 2026 2027 2028 $55.11 $58.28 $61.64 $65.65 5.75% 5.75% 5.75% 6.50% 775,796 784,843 789,766 794,697 $69.92 6.50% 799,637 $ 513,049 $ 548,888 $ 584,174 $ 626,062 $ 670,928 97,643 102,525 107,651 113,034 118,686 10,594 10,649 10,704 10,759 10,815 8,689 2,769 2,852 2,938 3,026 4,520 4,531 4,543 4,556 4,568 15,843 15,412 15,937 16,172 17,063 $ 650,337 $ 684,774 $ 725,862 $ 773,521 $ 825,086 $ (198,208) $ (210,585) $ (220,869) $ (231,399) $ (242,439) (250,513) (247,854) (258,357) (254,791) (255,483) (11,093) (26,442) (44,855) (67,493) (97,099) (429) (1,238) (1,028) (1,053) (1,104) $ (460,243) $ (486,120) $ (525,110) $ (554,736) $ (596,125) $ 190,094 $ 198,654 $ 200,752 $ 218,785 $ 228,961 $ - $ - $ - $ $ 190,094 198,654 200,752 218,785 228,961 (190,094) (198,654) (200,752) (218,785) (228,961) $ - $ $ $ - $ $ 19,821 $ 21,059 $ 22,087 $ 23,140 $ 24,244 $ 46,250 $ 46,250 $ 46,250 $ 46,250 $ 46,250 3.07x 3.16x 1.73x 1.73x operating reserve in 2022 2.84x 2.75x 1.67x 1.68x 2.55x 1.65x $ 247,331 $ 190,094 $ 198,654 $ 200,752 $ 218,785 - 96,845 34,747 15,974 25,690 37,495 51,594 27,162 19,122 12,595 (8,747) (93,931) 24,827 181,158 229,124 295,683 385,666 2,352 61 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA (327,672) (406,350) (468,977) (533,930) (656,046) $ - $ - $ - $ - $ 190,094 198,654 200,752 218,785 228,961 $ 190,094 $ 198,654 $ 200,752 $ 218,785 $ 228,961 5,000 5,000 5,000 5,000 5,000 15,000 15,000 15,000 15,000 15,000 128,043 140,004 159,995 180,735 207,437 219 219 176 133 133 serve can be recognized as revenue eligible for inclusion in the bond coverage calculation. In ye. I otherwise manage rate levels without compromising the ability to meet annual bond coverage 62 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA Projected Projected Projected Projected Projected 2029 2030 2031 2032 2033 $74.47 $79.69 $85.27 $91.24 6.50% 7.00% 7.00% 7.00% 804,586 809,543 814,509 819,485 $97.63 7.00% 824,468 4.8% $ 719,010 $ 774,150 $ 833,439 $ 897,237 $ 965,914 124,620 130,851 137,393 144,263 151,476 10,871 10,928 10,984 11,042 11,099 3,117 3,210 3,307 3,406 3,508 4,581 4,595 4,609 4,623 4,638 18,007 19,157 20,190 21,596 22,914 $ 880,206 $ 942,891 $ 1,009,922 $ 1,082,166 $ 1,159,550 $ (254,016) $ (266,155) $ (278,885) $ (292,234) $ (306,330) (252,286) (260,636) (259,775) (266,450) (255,740) (136,574) (182,436) (228,691) (269,904) (308,639) (1,158) (1,214) (1,273) (1,335) (1,410) $ (644,033) $ (710,442) $ (768,625) $ (829,922) $ (872,119) $ 236,173 $ 232,449 $ 241,297 $ 252,244 $ 287,430 $ $ $ $ $ 236,173 232,449 241,297 252,244 287,430 (236,173) (232,449) (241,297) (252,244) (287,430) $ - $ $ $ - $ $ 25,402 $ 26,616 $ 27,889 $ 29,223 $ 30,633 $ 46,250 $ 46,250 $ 46,250 $ 46,250 $ 46,250 2.62x 2.29x 1.61x 1.53x 2.12x 2.03x 1.50x 1.47x 2.01x 1.51x $ 228,961 $ 236,173 $ 232,449 $ 241,297 $ 252,244 67,370 90,548 106,231 110,163 106,730 508,943 584,996 585,100 502,747 496,941 63 DocuSign Envelope ID: 6317F55E-0125-481C-BD78-D8D87AD1B3DA (805,273) (911,717) (923,780) (854,208) (855,914) $ - $ - $ - $ - $ 236,173 232,449 241,297 252,244 287,430 $ 236,173 $ 232,449 $ 241,297 $ 252,244 $ 287,430 5,000 5,000 5,000 5,000 5,000 15,000 15,000 15,000 15,000 15,000 242,633 283,385 324,504 360,237 395,238 133 68 - - ars that WTD contributes to this reserve, that portion of revenue is deducted from the revenue targets. 64 DocuSign Certificate Of Completion Envelope Id: 6317F55E0125481CBD78D8D87AD1B3DA Subject: Complete with DocuSign: Ordinance 19623 Attachment A.xlsx, Ordinance 19623.docx Source Envelope: Document Pages: 6 Signatures: 3 Supplemental Document Pages: 6 Initials: 0 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Status: Completed Envelope Originator: Angel Foss 401 5TH AVE SEATTLE, WA 98104 Angel.Foss@kingcounty.gov IP Address: 198.49.222.20 Record Tracking Status: Original 6/7/2023 1:35:01 PM Security Appliance Status: Connected Storage Appliance Status: Connected Holder: Angel Foss Angel.Foss@kingcounty.gov Pool: FedRamp Pool: King County -Council Location: DocuSign Location: DocuSign Signer Events Signature Timestamp Dave Upthegrove dave.upthegrove@kingcounty.gov Chair Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/7/2023 2:42:27 PM ID:2310e1d8-4c07-4583-8fb2-9d3f64bbfb61 Melani Pedroza melani.pedroza@kingcounty.gov Clerk of the Council King County Council Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/30/2022 11:27:12 AM ID:639a6b47-a4ff-458a-8ae8-c9251b7d1a1f Dow Constantine Dow.Constantine@kingcounty.gov King County Executive Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/14/2023 9:42:38 AM ID:a913e087-7c7d-4489-98a7-72cf07e61eda ,—DocuSigned by: �Y v �E76CE01F07B14EF... Signature Adoption: Uploaded Signature Image Using IP Address: 67.160.80.216 .—DocuSigned by: s"-8DE1 BB375AD3422... Signature Adoption: Uploaded Signature Image Using IP Address: 198.49.222.20 p—DocuSigned by: gymJCP%44G "-4FBCAB8196AE4C6... Signature Adoption: Uploaded Signature Image Using IP Address: 174.61.167.141 Sent: 6/7/2023 1:36:54 PM Viewed: 6/7/2023 2:42:27 PM Signed: 6/7/2023 2:42:46 PM Sent: 6/7/2023 2:42:47 PM Viewed: 6/7/2023 2:43:09 PM Signed: 6/7/2023 2:43:14 PM Sent: 6/7/2023 2:43:16 PM Viewed: 6/14/2023 9:42:38 AM Signed: 6/14/2023 9:42:47 AM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp 65 Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kaitlyn Wiggins kwiggins@kingcounty.gov Executive Legislative Coordinator King County Executive Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign cherie camp cherie.camp@kingcounty.gov Legislative Clerk - Ccl King County Council Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED COPIED Sent: 6/7/2023 2:43:16 PM Viewed: 6/7/2023 2:46:14 PM Sent: 6/14/2023 9:42:48 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/7/2023 1:36:54 PM Certified Delivered Security Checked 6/14/2023 9:42:38 AM Signing Complete Security Checked 6/14/2023 9:42:47 AM Completed Security Checked 6/14/2023 9:42:48 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 66 Electronic Record and Signature Disclosure created on: 8/24/2020 2:41:23 PM Parties agreed to: Dave Upthegrove, Melani Pedroza, Dow Constantine ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County -Department of 02 (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically 67 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact King County -Department of 02: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: cipriano.dacanay@kingcounty.gov To advise King County -Department of 02 of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at cipriano.dacanay@kingcounty.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from King County -Department of 02 To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with King County -Department of 02 To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: 68 i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to cipriano.dacanay@kingcounty.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify King County -Department of 02 as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County -Department of 02 during the course of your relationship with King County -Department of 02. 69 70 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes October2, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: Hari Ponnekanti, Colleen Minion, Catrien de Boer, Laurel Humphrey, Adib Altallal, Seong Kim, Griffin Lerner I. PRESENTATIONS II. BUSINESS AGENDA A. Project Completion: Macadam Road South Water Upgrade Project Staff is seeking Council approval of project completion and release of retainage in the amount of $2,434,891.97. Committee Recommendation Unanimous approval. Forward to October 16, 2023 Regular Consent Agenda. B. Resolution: Public Works Fee Schedule Staff is seeking Council approval of a resolution to update the City Sewer Rates and King *County Sewage Treatment Rates for 2024. Councilmembers discussed the importance of communicating rate changes to customers. Committee Recommendation Unanimous approval. Forward to October 9, 2023 Special Consent Agenda. C. Grant Application: Waste Reduction and Recycling Education. Staff is seeking Committee approval to apply to the Department of Ecology for $50,000 to fund food waste reduction education and outreach and an organics contamination reduction program. Committee Recommendation Unanimous approval. D. Grant Application: Staff is seeking Committee approval to apply to the Department of Ecology for $1,643.365 to fund the final design and construction of water quality treatment solutions for two stormwater outfall sites. Committee Recommendation Unanimous approval. The meeting adjourned at 6:12 p.m. TS Committee Chair Approval Minutes by LH 71 72 UPCOMING MEETINGS AND EVENTS OCTOBER 2023 CI y Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. 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�= SENIOR 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 42" Ave S Click here to register. GREEN TUKWILA PLANTING AT COTTONWOOD CORNER Help us plant native understory shrubs and bushes next to Riverton Creek. 11:00 AM - 2:00 PM Riverton Creek 37th Ave S & S 128th St Click here to register. EV 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 help us plan for the future! 11:00 AM - 1:00 PM Click here to register. ➢ Community Oriented Policing Citizens Advisory Board 6:30 PM Hybrid Meeting __ 1 HAZARDOUS WASTE DISPOSAL EVENT ° IN -PERSON COMMUNITY 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 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 1242442""Ave S Click here to register. TUKWILA SURFACE WATER ONLINE SURVEY We need your help to identify which projects and studies are the most important to you! Please submit the survey by Oct 11. Click here to complete the survey. GRF ,9p� TUKWILA 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 Click here for information. American Red Cross VOLUNTEER OR DONATE Participate in a pre-canvassingevent to help spread the word about free smoke alarm installations. Click here to register. OCT 15 SUM I King County COMUNITY SURVEY ON MElRO ADA TRANSITION PLAN ENGAGEMENT Survey ends today. See below for more information. OCT 16 MON OCT 17 TUE OCT 18 WED OCT 19 THU OCT 20 FRI OCT 21 SAT ➢ Planning and Community Development Meeting 5:30 PM City Hall — Hazelnut Hybrid Meeting Hyombrid ➢ Transportation and Infrastructure Services Committee 5:30 PM 6300 Building — 2'4 Floor Duwamish Conference Room Hybrid Meeting ➢ City Council Regular Meeting 7:00 PM CityHall Council Chambers Hybrid Meeting ➢ Civil Service Commission 5:00 PM Hybrid Meeting PUBLIC MEETING is The City reviewinga project to rezone 2 parcels at 13536 52"" Avenue South to Commercial Light Industrial. Comments on this project are requested by 5:00 PM Thursday, October 26. 4:00 PM — 6:00 PM Center Tukwila Communityschedule 12424 42"" Ave S Click here for information. Give Blolikod = Save 3 Lives ° ,: �_J�e'J�PARTNERSHIP DONATE BLOOD AND ENTER TO WIN A LAS VEGAS TRIP TO U SEE NDERWOOD WOOD SHOWI 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. GREEN TUKILA DUWAMISH HILL PRESERVE WORK to PARTY on a Join Forest Splanting. day of planting. 10:00 AM — 1:00 PM Duwamish Hill Preserve 3800 S 115th St Click here to register. a CLASSICS CONCERT Oct 212 3:00 PM Oct 22 3:00 PM Foster High Performing Arts Center 4242 S 144th St Click here to register. Tukwila Village Farmers Market Come buy fresh produce grown by refugees and immigrants in our community. 4:00 PM — 7:00 PM Wednesdays thru Oct 25 Tukwila Village Plaza 14350 Tukwila Intl Blvd CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM y tLA ws4 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. Allow �s 20 up to 2 weeks for an appointment date confirmation. Click here to make an appointment. Igoe 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 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! 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. D f'i .'t'{ �' LaCOMMUNITY 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. 73 74 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 CONSENT AGENDA PRESENTATION See below link for the agenda packet See below link for the agenda - Authorize the Mayor to sign an Utility Rate Study 101. to view the agenda items: packet to view the agenda items: Interagency Agreement with Washington State Department of PUBLIC HEARING October 2, 2023 October 92023 , Enterprise Services. - Accept as complete the Macadam Miscellaneous Code Amendments: (1) Accessory Dwelling Units Regular Meeting Committee of the Whole /Special Road South Water Upgrade project Ordinance. Meeting with Laser Underground & (2) Comprehensive Plan and Earthworks, Inc; authorize release of retainage, subject to the standard claim and lien procedures Development Code Amendment Ordinance. (3) Housekeeping and Parking (final cost of project, including retainage: $2,434,891.97). Standards Ordinance. SPECIAL ISSUES - Miscellaneous Code Amendments: (1) Accessory Dwelling Units Ordinance. (2) Comprehensive Plan and Development Code Amendment Ordinance. (3) Housekeeping and Parking Standards Ordinance. - Ordinances updating the term end dates for Boards and Commissions. - 2nd Quarter Financial Report. 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. - Authorize the Mayor to sign a contract for the 2024 Annual Overlay Program in the amount of $150,000.00. - Authorize the Mayor to sign a grant agreement with FEMA for the Landslide Analysis Grant, in the amount of $150,000.00. 75 76 Tentative Agenda Schedule MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. NOVEMBER 6 NOVEMBER 13 NOVEMBER 20 NOVEMBER 27 CONSENT AGENDA PUBLIC HEARING UNFINISHED BUSINESS - Updating Term end dates for Boards and Commissions: - Tax Levy Legislation: Tax Levy Legislation: (1) An ordinance amending various ordinances as codified in Tukwila "Administration (1) An ordinance levying (1) An ordinance levying the Municipal Code Tide 2, and Personnel," to modify the general taxes for general taxes for the term end dates. the City commencing City commencing (2) An ordinance amending Ordinance No. 2534 §4 and §6, as 1/1/2024. 1/1/2024. codified at Tukwila Municipal Code Sections 2.36.020 and (2) An ordinance (2) An ordinance increasing 2.36.040, to modify term end dates and update meeting increasing the regular the regular levy regulations in compliance with RCW 35.63.040. levy commencing commencing 1/1/2024. - An ordinance designating Puget Sound Fire as the Fire Chief and Fire 1/1/2024. Budget Legislation: Marshal for the City of Tukwila. - Budget Legislation: (1) An ordinance amending - Authorize the Mayor to sign an amendment to the Interlocal (1) An ordinance amending the 2023-2024 Biennial Agreement with Puget Sound Fire. the 2023-2024 Biennial Budget. PUBLIC HEARINGS Budget. - An ordinance establishing 2023 Proposed Site -Specific Rezones: Rental Housing Tenant - A Quasi -Judicial hearing to consider 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, to include the associated Comprehensive Plan and SPECIAL ISSUES - Tax Levy Legislation: (1) An ordinance levying the general taxes for Protections. Zoning map changes. 1/the City commencing /2024. - A Quasi -Judicial hearing to consider an ordinance moving the Medium Density Residential/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. - A Quasi -Judicial hearing to consider an ordinance rezoning property at 13536 52nd Ave S from DRA from Low Density Residential to An ordina (2) An ordinance increasing the regular levy commencing 1/14. "Budget Legislation: get Le sl (1) An ordinance amending the 2024 Biennial 202High Density Residential, to include the associated Comprehensive Plan and Zoning Map changes. Bud- get. get. - A Quasi -Judicial hearing to consider an ordinance to the Economic Development Comprehensive Plan and Zoning Maps designation from Low Density Strategy. Residential to Medium Density Residential from Hopper at 6250 Foster Golf Links Business South 151st Street, to include the associated Comprehensive Plan and Zoning Map changes. Plan. - An ordinance establishing Rental Housing Tenant UNFINISHED BUSINESS Protections. 2023 Proposed Site -Specific Rezones: a. George Long: (1) A motion to read the ordinance by title only. (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, 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 /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, 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 to Medium Density Residential, to include the assodated 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.