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Reg 2024-07-01 COMPLETE AGENDA PACKET
Monday, Tukwila City ❖ REGULAR Council Agenda MEETING ❖ A © 905 ' Thomas McLeod, Mayor Counci/members: ❖ De'Sean Quinn •3 Tosh Sharp Marty Wine, Interim City Administrator ❖ Armen Papyan ❖ Jovita McConnell Mohamed Abdi, Council President ❖ Dennis Martinez + Hannah Hedrick N-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD EMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join ' icrosoft Teams eetinq For Technical Support: 1-206-433-7155 July 1, 2024; 7:00 PM • Ord #2731 • Res #2100 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public on -site at Tukwila City Hall inutes for items both To provide comment via phone citycouncil@tukwilawa.gov comments may verbally address the City Council both or via phone or Microsoft Teams for up to on and not on the meeting agenda. or icroso Tea s, please email with your name and topic by 5:00 PM on the meeting date. your message is for public comment during the meeting, and Please clearly indicate that you will receive further instructions. 4. PRESENTATION Promotional Swearing in: • Police Commander Phil Glover • Police Sergeant Randy Rusness Eric Dreyer, Police Chief 5. CONSENT AGENDA a. Approval of Minutes: 6/3/24 (RegularMtg.) b. Approval of Vouchers c. Approve an application for Lodging Tax funds from Seattle Southside Regional Tourism Authority (DBA Explore Seattle Southside) for advertising at select light rail stations for 2026 World Cup Station Domination, in the amount of $119,275.00. [Reviewed and forwarded to consent by the Finance and Governance Committee on 6/24/24] d. Authorize the Mayor to sign a contract with Otak, Inc. for design and engineering services for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project, in the amount of $398,200.00. Pg.1 Pg.15 6. UNFINISHED BUSINESS Washington State and the City of Tukwila's asylum and refugee response update. Pg.45 7. NEW BUSINESS Tukwila South Development Agreement update Pg.79 (continued...) REGULAR MEETING July 1, 2024 Page 2 8. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.143 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT This agenda is available (Tukwila Council at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. meetings are audio and video taped. Available at www.tukwilawa.gov) Ireijri, If you are in need of translation or interpretation services at a Council meeting, �.iri' please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. 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. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant 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: tt s:// .tu ila aov/e a ents/city-council/ COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared 02; Mayor's review Council review 7/1/24 BJM ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 7/ 1/ 24 AGENDA ITEM TITLE Lodging Tax Application for Seattle Southside Regional Tourism Authority for World Cup Station Domination CATEGORY Discussion Mtg Date /1 Motion Mtg Date 07/1/24 El Resolution Mtg Date [ Ordinance Mtg Date [ Bid Award Mtg Date [ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑Fire ❑ Pd'R ❑ Police ❑ P[YW SPONSOR'S SUMMARY Review of lodging tax funding request from Seattle Southside Regional Tourism Authority (dba: Explore Seattle Southside) in the amount of $119,275 for advertising at select light rail stations during the 2026 World Cup. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: 6/ 24/ 24 Community Svcs/Safety 11 Finance & Governance LJ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMIE EIEL Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $119,275 AMOUNT BUDGETED $200,000 APPROPRIATION REQUIRED $0 Fund Source: LODING TAX Comments: No general funds. MTG. DATE RECORD OF COUNCIL ACTION 7/1/24 MTG. DATE ATTACHMENTS 7/1/24 Informational Memorandum dated 6/17/24 Lodging Tax Application, Seattle Southside RTA Lodging Tax Six Year Financial Plan (Draft) Minutes from the 6/24 Finance and Governance Committee meeting (distributed separately) 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance FROM: Brandon Miles, Director CC: Mayor McLeod DATE: June 17, 2024 SUBJECT: Lodging Tax Funding Request World Cup Station Domination ISSUE Review of lodging tax funding request from Seattle Southside Regional Tourism Authority (dba: Explore Seattle Southside) in amount of $119,275 for advertising at select light rail stations during the 2026 World Cup. BACKGROUND The City collects a 1% lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'. There is currently just over $2.5 million in lodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded2. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. Pending Applications At its June 14, 2024 meeting, the LTAC recommended approval of one funding request for Explore Seattle Southside. 1 RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." 2 On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: "When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty-five days before final action on the proposal." 3 INFORMATIONAL MEMO Page 2 1. Explore Seattle Southside, World Cup Station Domination, ($119,275) Seattle has been selected to host five matches for the 2026 World Cup. It's expected that fans from around the globe will be descending on the region. What makes the World Cup unique is that the games are spread out and fans may have downtime between matches. This downtime presents an opportunity to bring people to the City and to invite those already staying our hotels to get out and enjoy the City. City staff is started to look at opportunities to promote the City and to make use "World Cup Ready." Explore Seattle Southside presented the City with an opportunity to partner with it and the City of SeaTac for advertising inside the Angle Lake, SeaTac Airport, and TIBs light rail stations. Explore Seattle Southside and the cities will activate the stations with advertising leading up and through World Cup. The City of Tukwila will pay 1/3 the costs for the advertising at SeaTac Airport Station and all the costs for the TIBs station. Explore Seattle Southside will design the ads, with input from the cities. The City of SeaTac will pay for the costs at Angle Lake station. Average annual boardings at SeaTac Airport al 1.91 million and TIBs has annual boardings of 816,000. Ridership will likely be significantly higher during the World Cup. LTAC Recommendation on Application: Do Fund Staff Recommendation on Application: Do Fund. FINANCIAL IMPACT The total request for the lodging tax application will not exceed $119,275. No general funds dollars will be used for these funding allocations. The funding allocations are consistent with the six -year financial plan for the lodging tax fund. 2024 Tourism Six -Year Financial Plan Allocation World Cup, 2024-2026: $200,000 Experience Tukwila (Pending): ($119,275) Remaining Funds: $80,725 RECOMMENDATION Staff recommends that the Committee approve pending funding requests and forward to the July 1, 2024 consent agenda. Note, a contract over the Mayor's signature authority is also required. Staff would like to request that the contract be allowed to go on a future consent agenda for approval, with the need for a committee briefing. ATTACHMENTS 1. Lodging Tax Application, Seattle Southside, World Cup Station Domination 2. Lodging Tax Six Year Financial Plan 4 Application to the City of Tukwila for Use of 2023 Lodging Tax Funds Event or Activity Name (if applicable): Amount of Lodging Tax Requested: Applicant Organization: Federal Tax ID Number: Mailing Address: Primary Contact Name: Primary Contact Phone: Primary Contact Email Address: Station Domination of marketing Tukwila in light rail stations — World Cup May -July 2026 119,275.00 Seattle Southside Regional Tourism Authority 47-30311480 Seattle Southside RTA Attn: Mark Everton, CEO 3100 S 176th Street, Suite 200 SeaTac WA 98188 Mark Everton 206-406-1575 mark@seattlesouthside.com Check all the service categories that apply to this application: Tourism promotion or marketing Operation of a special event or festival designed to attract tourists Operation of a tourism -related facility owned or operated by a non-profit organization Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation 1 am an authorized agent of the organization/agency applying for funding. I understand that: • 1 am proposing a tourism -related service for 2026. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract, naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Mark Everton Date: 06/11/2024 5 1. Describe your tourism -related activity or event. The Seattle Southside Regional Tourism Authority is requesting lodging tax funds to be used to produce and display marketing materials promoting the City of Tukwila in the Tukwila International Link Light Rail Station and the SeaTac Airport Link Light Rail Station. The proposed marketing takeover of the two Link Light Rail Stations (aka Station Domination) will occur during the FIFA World Cup being held in Seattle from May —July 2026. The RTA secured the rights to three light rail stations (Angle Lake, SeaTac and TIS) via contract with Intersection, the marketing representative for Link Light Rail. SeaTac has agreed to reimburse the RTA for the cost of production, installation and display in the Angle Lake station and to share in 1/3 of the SeaTac station. The RTA will incur the cost of production, installation and display in the SeaTac station in addition to wrapping a light rail car with the same marketing material. Tukwila is being asked to incur the cost of the Tukwila International station ($31,250) and 1/3 of the cost of the SeaTac station ($88,000). Currently the annual boarding of passengers at the TIS is 816,000 and the SeaTac station boardings are 1,912,075. The monthly averages for boardings during May -July 2026 are anticipated to increase significantly. At the current passenger volume, 204,000 people will board trains and be exposed to Tukwila's marketing messages at the TIS from May to July, while 478,000 people will board at SeaTac during May -July. A cost of $.17/person exposed to Tukwila's marketing messages. The RTA intends to donate its time and creative resources to Tukwila in creating its marketing messages. The production, installation and placement costs are all 3rd party generated. 2. Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? The purpose of the marketing to visitors in the region is to build awareness of Tukwila as a hotel, shopping and dining destination. Describe why visitors will travel to Tukwila to attend your event/activity/facility: Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally and/or internationally): The geographic target of visitors during the World Cup will depend on the nations represented in the PNW bracket. It is possible that tens of thousands of visitors from Germany, France, Brazil may be in the PNW. Page 2 of 5 6 3. Describe the prior success of your event/activity/facility in attracting tourists: The RTA did a station domination at the SeaTac station during the MLB all-star game in 2023. The airport and SeaTac station were very busy during the all-star week. 4. If this your first time holding the event/activity/facility, provide background on why you think it will be successful. 5. Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. The station domination is a marketing opportunity. 6. Describe how you will promote lodging establishments, restaurants, retailers and entertainment establishments in the City of Tukwila. The RTA will work with Tukwila city leaders to define what the design elements and messaging for the TIS will be. 7. Is the City able to use your digital and print media for collaborative marketing? Yes. 8. Describe how you will use the name "Tukwila" in publications, promotions, and for your event? 9. Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: A. Overall attendance at your proposed event/activity/facility. . Number of people who will travel fewer than 50 miles for your event/activity. 682,000 + people passing through the two stations unk Number of people who will travel more than 50 miles for your event/activity. . Of the people who travel more than 50 miles, the number of people who will travel from another country or state. Page 3 of 5 unk unk 7 . Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. n/a . Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. n/a Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) n/a 10. What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc.? Light Rail will provide ridership statistics post the World Cup. Intercept studies are planned to ID the points of origin for people passing through the stations. 11. Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? SeaTac, for their participation with the Angle Lake and SeaTac stations. SeaTac is being asked for $88,000 for their 1/3 share of SeaTac station. 12. Are you applying for funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? n/a 13. What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? $500,000 1) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? n/a Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Page 4 of 5 8 Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 or an'so Questions? lesPTukwila A.gov LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon. es@3Tukwia Page 5 of 5 A. ov 9 10 Intersection CONTRACT FOR ADVERTISING Advertiser: Explore Seattle Southside CONTRACT* 22420114 Account Executive: Neal Callahan Program Name: World Cup 2026 Sold To Advertiser Company: Explore Seattle Southside Addre.ss: 3100 S.176th Street Seattle, Washington 98188 Telephone: (206) 575-2489 Attn: Email: Agency Company: Address: Telephone: Attn: Email: 1 SEA -Seattle-ST-Re11 2 SEA- Seettte-ST-Rali 3 SEA - Seattle-ST-Rail - Saattte-ST-Rail 5 SEA - Seattle-ST-Rail :2 SEA-Seethe-ST-Raft 7 SEA - &tett' a-ST-Rail SEA - Seattle-ST-Rail M Station - SeaTao Airport Station Ittat1011-1Weaffie htterniettorml 8tvd steam! M Station - Angie Lake Station Domination M Rail -11*.in Wrap P Station - SeaTac 1 Airport Station P Station -lukrelle Internationet Stott Stadon P Station -Angie Lake Station Domination P Rion -Train %kap • Refers to tax payable by Advertiser/Agency het- un der !nail:Mug this Contract. you agree with our end Conclitionsoehich are svailable at http/Iwwwirrtersectior.comied-tarme Psyment Mahod goomoillee Bill TO Advert; sissrlAgencif Company: Explore Seattle Southside Address: 3100 5.176th Street Seattle, Washington 1313188 Telephone: (206) 575-2469 Attn: Email: 1 13 5/2512028 o sOttaces 5/25/2028 13 Valgoze 1 13 5/25/2026 1 0 slailizote 1 0 5/25/202e i a 6/102026 t Matt Pttert ploy 29,2024 15,50 PDTI INIERSECTION LLC GNI ma Nectronkaily Customer P.O. or: 13 7/1a/20213 o 7tritta620 1] 7/19/20211 • 7ft2/202$ O 5125/2020 O 5/W202e D 5/25/Eon 13 8t1/2021 8.0 — 4,12.nk E9441,99 (May 44r, 2024.142n PDT 8250.000.00 MOWS S150.000.00 $31,280.00 $18,9e0.00 loam° ip,500.00 10.8506 $7.191.00 10.3500 Mark Everton CEO DATE ENG to email). AUTHORIZED SIGNA7URE - ADVERTISER AGENCY' --nom mar- MAE &ME AGYESMSD AGENCY INTERSECTION.COM CONTRACT FOR ADVERTISING 10(1 12 Tourism Funding, Six Year Financial Plan DRAFT - Updated March 3, 2021 Working Draft Update 2023 Budgeted 2023 Actuals (Unaudited) % Difference 2024 2025 2026 2027 Totals, '23-'27 Tourism Revenue Lodging Tax Federal Indirect Grants: Local Grants & Other Payments: Interest and Other Earnings: Total Revenues: Tourism Expenses Marketing, Sales, and Sponsorships Sponsorships Small Events -ience Tukwila, Branding and Marketing, Visitors World Cup Planning and Activation Business Attraction and Promotion Sub Total: COVID-19 Response SavingLocalKC.com SSRTA Emergency Funding Showare Sponsorship Seattle Southside Chamber of Commerce Sub Total: Destination Development Wayfinding Plan Development and Installation Art Investments Tukwila Pond Sub Total: General Administration Salary and Benefits City Overhead Charge Administrative Sub Total: Total Expenditures: Beginning Fund Balance: Ending Fund Balance: Notes 720,000 $ 856,555 18.97% $ 850,000 $ 850,000 $ 1,000,000 $ 850,000 $ 4,406,555 - $ 0.00% . - $ 44,000 0.00% $ 20,000 $ 64,000 6,000 $ 122,651 1944.18% $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 202,651 726,000 $ 1,023,206 40.94% $ 890,000 $ 870,000 $ 1,020,000 $ 870,000 $ 4,673,206 $ - $ $ 130,000 -100.00% $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 520,000 15,000 -100.00% $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 60,000 175,000 -100.00% $ 190,000 $ 190,000 $ 200,000 $ 200,000 $ 780,000 50,000 -100.00% $ 50,000 $ 50,000 $ 200,000 $ $ 300,000 30,000 -100.00% $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 120,000 400,000 $ 280,002 -30.00% $ 415,000 $ 415,000 $ 575,000 $ 375,000 $ 2,060,002 $ $ - $ - $ 15,000 -100.00% $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 60,000 15,000 $ 100,000 $ 75,000 $ 200,000 $ 375,000 $ 97,397 $ 26,493 $ 30,000 $ 153,890 $ 943,890 $ 93,001 26,493 11,203 130,697 410,699 -100.00% $ 15,000 $ 15,000 $ -100.00% $ 100,000 $ - 100.00% $ 75,000 $ -100.00% $ - $ - 100.00% $ 175,000 $ -4.51% $ -62.66% $ -15.07% $ -56.49% $ 101,850 $ 27,818 $ 30,000 $ 159,668 $ 764,668 $ 75,000 75,000 104,906 $ 28,653 $ 30,000 $ 163,558 $ 668,558 $ 108,053 $ 29,512 $ 30,000 $ 167,565 $ 997,565 $ 15,000 $ 15,000 $ 60,000 200,000 $ 100,000 $ 400,000 40,000 $ 40,000 $ 230,000 - $ 600,000 $ 600,000 240,000 $ 740,000 $ 1,230,000 111,294 $ 519,103 30,397 $ 142,873 30,000 $ 131,203 171,692 $ 793,180 1,301,692 $ 4,143,182 $ 2,342,419 $ 2,342,419 $ 2,954,926 $ 3,080,258 $ 3,281,700 $ 3,304,135 $ 2,129,529 $ 2,954,926 $ 3,080,258 $ 3,281,700 $ 3,304,135 $ 2,872,443 This document does not bind the City to provide funds nor does it authorize any funding. All use of lodging tax funds must be approved by LTAC and the City Council through an application process. The blue shaded cells indicate updates to what was intially approved. Salary/Benefits for Business Relations Manager is split 50/50 between general fund and lodging tax and is estimated to increase 3% annually after 2024. The City overhead charge is charged to all special funds. It recoups the cost to the general fund to support the lodging tax fund. It includes facilities, technology, legal, accounting, and record keeping services and is estimated to increase 3% annually after 2024. Updated: 14 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 07/01/24 GL ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: JOSH HOPKINS ORIGINAL AGENDA DATE: 07/01/24 AGENDA ITEM TITLE Gilliam Creek Fish Barrier Removal and Habitat Enhancement Additional Design and Engineering Services CATEGORY ❑ Discussion Mtg Date ❑1 Motion Date 07-01-24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council Mayor [HR [DCD Finance ❑Fire [TS [P&R Police PIF Court SPONSOR'S The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established SUMMARY as a City CIP project in 2019. A contract amendment authorizing additional budget authority was reviewed at the 5/21 T&I committee and subsequently approved on the 6/3 Consent Agenda. This is being brought forward as new contract due to the expiration of the previously approved amendment. REVIEWED BY ❑1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ARMEN PAPYAN ❑ LTAC DATE: 05/21/24 RECOMMENDATIONS: SPONSOR/ADMIN. Comm Public Works Department I`IEE Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $402,934.42 $1,350,000.00 $0.00 Fund Source: RCO AND KING COUNTY GRANTS Comments: CIP 2023-2028, Pg 81 MTG. DATE RECORD OF COUNCIL ACTION 07/01/24 MTG. DATE ATTACHMENTS 07/01/24 Updated Informational Memorandum dated 06/28/24 Informational Memorandum dated 05/7/24 CIP 2023-2028, Pg 81 Otak Updated Scope and LOE Minutes from Transportation and Infrastructure Committee meeting of 05/21/24 15 16 TO: FROM: BY: CC: DATE: SUBJECT: Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM City Council Pete Mayer, Interim Public Works Director/Deputy City Administrator Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod June 28, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105 Additional Design and Engineering Services ISSUE Approve a new contract with Otak for additional design and engineering services. BACKGROUND The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established as a City CIP project in 2019, it is a priority project with Water Resource Inventory (WRIA) 9 and the Salmon Recovery Fund Board. The goals of the project are to restore fish passage between Gilliam Creek and the Green River, enhance habitat, and maintain or improve flood protection and maintenance and operation of the tide gate system. ANALYSIS This contract was previously approved as an amendment to contract 23-191 by Council at the 5/21 Transportation and Infrastructure Services Committee and subsequent 6/3 Consent Agenda. However, due to Memorial Day and the subsequent change in the meeting cadence, the previous contract expired and the amendment could not be validly executed. The new proposed contract combines the previous budget authority approved by Council in conjunction with the remaining balance of the now - expired contract. This contract amendment will include flood gate system assessment, preliminary flood study, habitat enhancement design development, and design and permitting services to stabilize erosion at the culvert inlet incurred this past winter. FISCAL IMPACT Otak has provided a cost estimate not to exceed $402,934.42 to perform additional engineering services. Total grant funding for this design work is $1,350,000.00. Otak Contract 22-068 (original) Otak Contract 23-191 * New Contract Grants Total: Consultant $330,622.00 $39,500.00 $402,934.42 $773,056.42 Budget $1,350,000.00 $1,350,000.00 * = Amendment 2 was to this contract was previously approved for $398,200 the contract expired before it could be executed. RECOMMENDATION Council is being asked to approve a contract with Otak for additional design and engineering services in the amount of $402,934.42 and to consider this item on the Consent Agenda at the July 1, 2024, Regular Council Meeting. Attachments: CIP 2023-2028 Otak Scope and LOE 17 18 TO: FROM: BY: CC: DATE: SUBJECT: INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Hari Ponnekanti, Public Works Director Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod May 7, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105, Contract No. 23-191 Amendment No. 2 Additional Design and Engineering Services ISSUE Approve amendment No. 2 to Contract No. 23-191 with Otak for additional design and engineering services. BACKGROUND The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established as a City CIP project in 2019, it is a priority project with Water Resource Inventory (WRIA) 9 and the Salmon Recovery Fund Board. The goals of the project are to restore fish passage between Gilliam Creek and the Green River, enhance habitat, and maintain or improve flood protection and maintenance and operation of the tide gate system. ANALYSIS This contract amendment will include flood gate system assessment, preliminary flood study, habitat enhancement design development, and design and permitting services to stabilize erosion at the culvert inlet incurred this past winter. FISCAL IMPACT Otak has provided a cost estimate not to exceed $398,200.00 to perform additional engineering services. Total funding for contract 22-068/23-191 is $1,350,000.00. Otak Contract 22-068 (original) Otak Contract 23-191 * Amendment No. 2 Grants Total: Consultant $330,622.00 ($39,500.00) $398,200.00 $728,822.00 Budget $1,350,000.00 $1,350,000.00 * = Contract amount is the balance remaining in expired contract 22-068. Amendment No. 1 was a no cost time extension. RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 23-191 with Otak for additional design and engineering services in the amount of $398,200 and to consider this item on the Consent Agenda at the June 3, 2024, Regular Council Meeting. Attachments: CIP 2023-2028, Pg 81 Otak Scope and DOE 19 20 CITY OF TUKWILA CAPITAL PROJECT SUMMARY PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: 2023 to 2028 Gilliam Creek Fish Barrier Removal Project No. 99830105 Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate which may include a self-regulating tide gate or flood wall. Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage and to address potential flooding. Likely a shift in maintenance commitments with potential elimination of flapgate maintenance. In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board - scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 60 150 600 650 1,460 Land (R/W) 0 Monitoring 0 Const. Mgmt. 1,000 1000 Construction 7,500 7,500 TOTAL EXPENSES 60 150 600 650 8,500 - - 0 0 9,960 FUND SOURCES Awarded Grant 150 325 375 850 Proposed Grant 275 275 6,800 - 7,350 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 60 0 0 0 1700 - - 0 0 1,760 TOTAL SOURCES 60 150 600 650 8,500 - 0 0 0 9,960 2023 - 2028 Capital Improvement Program 81 21 22 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and OTAK, Inc. , hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering and design services in connection with the project titled Gilliam Creek Fish Barrier Removal and Habitat Enhancement. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing June 1, 2024 and ending June 30, 2025, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2025 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $402,934.42 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 23 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 24 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 25 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Otak 11241 Willow Rd NE, Suite 200 Redmond, WA 98052 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 26 Page 4 DATED this day of , 20 City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney Consultant signature to be obtained by sponsor staff. ** CONSULTANT: By: Printed Name: Title: CA revised May 2020 Page 5 27 EXHIBIT A SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 May 2024 Introduction and Background The City plans to develop fish passage improvements to Gilliam Creek at the confluence of Gilliam Creek and the Green River at River Mile (RM) 12.5. The site extends approximately 675 feet upstream along Gilliam Creek. The project will remove fish barriers and restore fish access to Gilliam Creek while maintaining or improving existing flood protection. This project will restore access and shoreline habitat as part of a watershed -wide effort to restore ESA -listed Chinook salmon and will be designed to allow juvenile fish access between the creek and the river, which are tidally influenced. Habitat enhancements will occur both upstream and downstream of the existing culvert. The project will also address recreational, aesthetic and educational opportunities and constraints associated with the adjacent Green River Trail and trailside park area. The project area is constrained by local roads, 1-405, regional and local utilities and commercial land use. Otak previously worked on a contract with the City to conduct an alternatives analysis. The scope discussed in this document is to advance work products developed previously, prepare documentation to discuss work completed thus far and next steps, and develop scope for the next phase of work in coordination with the City. The task numbering in this scope was developed to match the task numbering from the previous contract for continuity in project management. The City has received initial feedback from project stakeholders and has applied for additional grant funds for implementation of the project. The City will continue with stakeholder coordination and providing information to the public regarding the project progress. There are technical elements of the conceptual design that require further analysis to determine feasibility and the preferred approach. During conceptual design for the existing culvert replacement, significant erosion has occurred during storm events around the existing culvert inlet. The existing culvert inlet requires stabilization measures to withstand further storm events and protect the roadway embankment prior to implementation of the future culvert replacement project. The Scope of Services is described in detail in the following sections. 1.0 Project Management and Coordination 1.1 Coordination with City Otak will coordinate with the City of Tukwila on a regular basis by phone and email to keep the City's project manager informed about project progress, project issues and schedule. Otak will assist in scheduling project related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular communication with the City will occur on a bi-weekly basis, and a status report will be provided to the City after Otak — Scope of Work 28 each meeting summarizing the status of action items and deliverables. This task will also include coordination with the City about next phases of work including development of work descriptions and scopes of services. Next phases of work to be discussed and defined with the City are anticipated to include: 1. Habitat Enhancement Limiting Factors and Considerations Study 2. Engagement with Stakeholders and Public Outreach 3. Determination of the Preferred Alternative 4. Design of Preferred Alternative 5. Permitting of Preferred Alternative 1.4 Project Monitoring and Reporting Project monitoring and reporting will include the coordination of design team members, internal project scheduling, and the preparation of a monthly progress report and a monthly billing statement. TASK 1 DELIVERABLES • Bi-weekly project reports submitted to the City by email (electronic PDF file format) • Monthly progress report and monthly invoice (electronic PDF file format) TASK 1 ASSUMPTIONS • The duration for this phase of the project is assumed not to extend beyond June 30, 2025. 2.0 Intake Review This task was completed under the previous contract. 3.0 Environmental/Permitting Support 3.1 Wetland and Stream Delineation and Habitat Assessment Report This task was completed under the previous contract. 3.2 Preliminary Permitting and Environmental Review Memorandum This task was completed under the previous contract. 3.4 Geomorphic Assessment This task was completed under the previous contract. 4.0 Topographic Survey and Basemap 4.1 Supplemental Topographic Surveying and Mapping of Culvert Inlet Erosion Otak previously provided topographic survey of the project area under a separate contract in 2022. After the initial survey, significant erosion occurred around the inlet of the Gilliam Creek culvert at 66th Ave. S. Under this contract, Otak will provide supplemental topographic survey and will update the electronic basemap to reflect the current conditions around the culvert inlet. The extents of supplemental survey to capture the recent scour are estimated at 20-feet to the west, 30-feet to the north and south, and 30-feet to the east of the existing culvert inlet. The topographic survey requirements include the following: • Vertical Datum: NAVD 88 • Horizontal Datum: State Plane Coordinates (Washington North Zone, NAD 83/91 adjustment) • Contours at a maximum interval of 1' Otak — Scope of Work 29 • TIN surface • Surface features: • Top/Toe of slopes • Channel thalweg • Top of bank • Toe of bank • Culvert invert elevations • Vegetation including trees, shrubs, fallen trees in stream over 8-inches in diameter • Boulders or rocks in the stream greater than 12" across • Rock scour protection limits in place around culvert inlet Mapping shall be consistent with City of Tukwila Infrastructure Design and Construction standards. TASK 4 DELIVERABLES • Updated Topographic Base Map (Scale 1" = 20 feet) with one -foot contour intervals (AutoCAD DWG file format) TASK 4 ASSUMPTIONS • Traffic control will not be required for culvert inlet supplemental survey which is outside of the roadway. • If required, the City will obtain right -of -entry for the parcels for the area of survey. 5.0 Hydrology and Hydraulics 5.1 Hydrologic Analyses A simplified hydrologic analysis was performed under the previous contract to compare the relative differences between alternatives. 5.2 Hydrologic Documentation Documentation for the hydrologic analysis performed under Task 5.1 was completed under the previous contract. 5.3 Hydraulic Modeling A simplified hydraulic analysis was conducted under the previous contract to compare the relative differences between alternatives. 5.4 Hydraulic Documentation Documentation for the hydraulic modeling performed under Task 5.3 was completed under the previous contract. 5.5 Gilliam Creek Flap Gate Replacement Preliminary Flood Study - Existing Conditions Under this task, the preliminary existing conditions model will be developed to estimate the baseline for existing flooding in the Southcenter area. It is expected the final flood study for basis of design for the Gilliam Creek project will be added under a contract amendment. Otak — Scope of Work 30 The preliminary existing conditions hydraulic model will be based on the unsteady HEC-RAS hydraulic model of the study area developed in 2015 for the first phase of the levee accreditation process (developed by Northwest Hydraulic Consultants [NHC]). The portion of the NHC model associated with the project covers roughly 1,150 acres from 1-5 on the west to the Green River on the east and from 1-405 on the north to about 1,500 feet north of S 200th St on the south. The storm and surface water system in the Southcenter area is complex and includes Tukwila Pond, P17 Pond, closed pipes, open channels, slide gates, flap gates, three publicly operated stormwater pump stations, and outfalls to both the Green River and Gilliam Creek, which will be simulated in the preliminary existing conditions model. Under this task, Otak will provide the following services: • Conduct desktop analysis of hydrologic and hydraulic information available in the NHC model, City GIS, and system operation manuals to identify re -usable information and data needs. • Convert NHC unsteady 1 D HEC-RAS model to HSPF-SWMM • Survey up to 10 critical inverts if needed and update model with that information • Calibrate HSPF-SWMMM at existing Gilliam flapgate to represent impact of existing gate on flow backup in Giliam Creek • Calibrate HSPF-SWMM model with 1 D HEC-RAS model by checking result at up to 5 critical nodes (with one being just upstream of the existing 108" diameter pipe) by o Comparing plots of water surface elevation over a sample year o Compare plots of water surface elevations for 3 peak event hydrographs o Prepare 3 simple GIS figures of the Southcenter mall area showing locations of flooding for the three peak events to obtain confirmation from City staff that the flooding conditions are similar to what has been observed in the field • Attend three meetings with City maintenance staff to review results of existing flooding conditions and to discuss the existing manual slide gate configuration that will be simulated in the model. • Prepare a memorandum that documents issues encountered while converting the model prepared by others, assumptions and methodology used for developing and calibrating the existing conditions model. The memo will also recommend the next steps for advancing the flood study work in support of the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project including listing considerations, limiting factors and opportunities for modification of Southcenter drainage features or the Gilliam Creek flood gate that are identified while preparing the preliminary existing conditions model. TASK 5.5 DELIVERABLES • Preliminary Gilliam Creek Flap Gate Replacement Flood Study — Existing Conditions Memorandum (Draft and Final, electronic PDF file format) • HSPF-SWMM Electronic Model TASK 5.5 ASSUMPTIONS • Hydraulic modeling of solution alternatives and proposed conditions will be completed in a future phase of work 6.0 Alternatives Analysis This task will include preparation of report documentation of the alternatives analysis that was performed under the previous contract. An Alternatives Analysis Report will be developed with the following outline: • Introduction and Project Goals • Natural Conditions and Fish Use in the Green River Context • Site Constraints Otak — Scope of Work 31 • Stakeholder Engagement • Design Criteria • Summary of Previous Work Completed • Brief Description of Alternatives Developed • Conceptual Drawings and Costs • Hydrology and Hydraulics (described under Task 5.2 and 5.4) • Alternatives Matrix • Recommendations • Next Steps TASK 6.0 DELIVERABLES • Alternatives Analysis Report (Draft and Final, electronic PDF file format) TASK 6.0 ASSUMPTIONS • City will provide one list of consolidated comments on the draft Alternatives Analysis Report. Comments will be addressed and incorporated into the final Alternatives Analysis Report. 6.3 Flood Gate System Assessment 6.3.1 Feasibility Study Otak will identify a subconsultant with expertise in hydraulically powered gates. Through discussions with the subconsultant and online research Otak will identify and evaluate available flood -gate systems and technologies that could be applied for flood protection and fish passage at the Gilliam Creek site. Otak will reach out to up to five flood -gate system manufacturers via email with conceptual drawings and follow up with a phone call to discuss the applicability of their product and obtain cost information. Otak will evaluate and compare between the different gate systems including the side -hinge tide gate technology currently proposed in the Alternatives Analysis based on criteria such as technical feasibility to provide flood protection and fish passage, operations, cost and maintenance among others. Evaluation and comparison of the gate systems will be in coordination with the subconsultant. Otak will conduct up to two meetings with the City to review findings and a memo will be prepared to summarize the findings on feasible gate technologies. When a subconsultant is identified to be added to the project team and approved by the City, a request will be made to utilize management reserve funds for advancing the study with a subconsultant partner. TASK 6.3.1 DELIVERABLES • Flood Gate System Feasibility- Preliminary Memorandum of Findings (Outline and Draft, electronic Word .docx file format) 7.0 Geotechnical Services 7.2 Culvert Inlet Erosion Repair Geotechnical Design Review (Sub-HWA Geosciences) A geotechnical subconsultant, HWA GeoSciences (HWA), will provide consultation to the design team including reviewing the plans and specifications. HWA will conduct a review of the plans at the 60% design level and a review of the plans and specifications at the 90% design level. Otak — Scope of Work 32 TASK 7.2 DELIVERABLES • Comments on 60% Design Plans (electronic pdf) • Comments on 90% Design Plans (electronic pdf) • Comments on 90% Specifications (electronic pdf) 9.0 Stakeholder Engagement 9.3 Project Planning Workshops 9.3.1 Kickoff and Ongoing Coordination The Otak Team will kick off the project with the City team and provide ongoing coordination during the collaborative study process. Subtasks will include: • Kick off meeting to discuss the overall purpose of this phase of collaborative study, study timeline, and desired outcomes, and to confirm all products to be delivered. • Prepare a task work plan and schedule. TASK 9.3.1 DELIVERABLES: • Kick -Off Meeting Agendas and Notes • Work Plan/Schedule for this Task • File Sharing Internet Site Maintenance • Summary of Relevant Background Information/Data to Guide the Collaborative Study Process 9.3.2 Collaborative Workshops/Study Sessions with City Staff (and Others as May Be Directed by City) The Otak Team will facilitate up to four two-hour collaborative workshops/study sessions with City staff and potentially involving other interests (subject matter experts, agency representatives, potential partners, tribes, and other interests) as directed by the City. For these workshop sessions, the Otak team will use collaborative interactive tools, such as in -person workshop facilitation/facilitated activities, as well as online programs such as Mentimeter and/or Mural to gather input and ideas. We will prepare agendas, presentations, hand-outs, and other materials for the workshops. We will carefully document discussions, decisions, and outcomes of each session. Following is a general description of the potential focus of each workshop session: Workshop 1: Framework for Evaluating Habitat Enhancement Based on Considerations, Limitations and Opportunities at Project Site The goal of this workshop is to build a framework for evaluation of habitat uplift based on considerations, limitations and opportunities at the project site. The framework will be based on the following studies and guiding documents, which will be reviewed by Otak • WRIA 9 Salmon Habitat Plan • WRIA 9 2021 Habitat Plan Update • King County Juvenile Chinook Use of Non -natal Tributaries in the Lower Green River Study • Lower Green River Corridor Flood Hazard Management Plan and levy upgrade planning documents • Juvenile Chinook Salmon Effectiveness Monitoring of Duwamish Shallow Water Restoration Sites • Lower Green River Corridor Flood Hazard Management Plan PEIS • Meta -analysis of Project Effectiveness Monitoring in Rivers within King County (2013-2019) • Scope Comments by the City Project Manager regarding natural debris loading in the stream system and the categories of habitat at the site: o (1) Confluence habitat o (2) Passage/Habitat Structure Otak — Scope of Work 33 34 Exhibit B City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Fee Estimate Otak Project #020610.003 5/7/2024 WATER & NATURAL RESOURCES ENGINEERING ENVIRONMENTAL SCIENCES STRUCTURAL TRANSP & INFRASTRUCTURE PLANNING & LANDSCAPE SURVEY ADMIN Task Description Sr. PIC/Sr. PM Civil Civil Engineer X g Civil Engineer X g Civil Engineer VI g Civil Engineer VII g Engineering Designer IV(Hydrologist)Scientist g Scientist VI VI Scientist II Civil Engineer X g Civil Engineer X g Engineering Tech IV Sr. PIC/Sr. PM LA/Mst Pln Landscape Architect IV Planner IV Professional Land Surveyor V Survey Crew Chief II Survey Field Tech III Survey Office Tech IV Graphics Specialist p Project Coord I Otak Total Hours Otak Budget by Sub -Task Sub - HWA Geosciences Total Budget By Task 1 Project Management and Coordination $45,776.00 1.1 Coordination with City 4 80 80 20 184 $36,076.00 1.4 Project Monitoring and Reporting 20 40 60 $9,700.00 4 Topographic Survey and Basemap 4.1 Supplemental Topographic Surveying and Mapping of Culvert Inlet Erosion 2 2 12 12 6 34 $4,184.00 $4,184.00 5 Hydrology and Hydraulics 5.5 Gilliam Creek Flap Gate Replacement Preliminary Flood Study — Existing Conditions 12 20 32 140 80 170 2 8 8 4 492 $94,120.00 $94,120.00 6.0 Alternatives Analysis 5 16 4 25 $4,719.00 $4,719.00 6.3 Flood Gate System Assessment 6.3.1 Feasibility Study 2 20 60 40 12 134 $23,540.00 $23,540.00 7 Geotechnical Services 7 2 Culvert Inlet Erosion Repair Geotechnical Design Review 1 4 5 $915.00 $4,000.00 $4,915.00 9 Engagement with City Staff and Others 9.3 Project Planning Workshops $68,498.00 9.3.1 Kickoff and Ongoing Coordination 8 12 12 14 24 70 $13,668.00 9 3 2 Collaborative Workshops/Study Sessions with City Staff 8 32 50 20 16 24 30 80 24 16 300 $54,830.00 10 Culvert Inlet Erosion Repair Final Design 10.1 Final Design $93,436.00 10.1.1 30% Plans and Engineer's Estimate and Memo 8 36 80 6 8 4 30 172 $26,286.00 10.1.2 60% Design and Construction Documents 12 40 50 6 8 16 32 164 $25,810.00 10.1.3 90% Design and Construction Documents 16 50 80 8 16 24 194 $29,806.00 10.1.4 100% Construction Documents 10 32 20 8 70 $11,534.00 10.2 Permitting $33,195.00 10.2.1 Agency Meeting and Coordination 1 2 12 4 19 $3,533.00 10.2.2 Prepare JARPA Form and Figures 4 20 24 12 30 90 $13,518.00 10.2.3 ESA Compliance Documentation 16 40 56 $8,072.00 10.2.4 Shoreline Permit Exemption 8 24 32 $4,512.00 10.2.5 SEPA Compliance 8 16 24 $3,560.00 Total Hours 26 237 32 544 80 314 170 76 114 24 16 40 40 138 104 4 20 20 10 24 76 2,125 Current Billing Rate $344.00 $231.00 $231.00 $171.00 5183,00 $130,00 207.00 207.00 119.00 $231,00 $231.00 $116.00 $312.00 $144.00 $167.00 241.00 120.00 91,00 138.00 126.00 127,00 Total Labor Cost $8,944.00 $54,747.00 $7,392.00 $93,024.00 $14,640.00 $40,820.00 $35,190.00 $15,732.00 $13,566.00 $5,544.00 $3,696.00 $4,640.00 $12,480.00 $19,872.00 $17,368.00 $964.00 $2,400.00 $1,820.00 $1,380.00 $3,024.00 $9,652.00 $368,383.00 $30,000.00 $540.00 $4,000.00 $372,383.00 $30,000.00 $540.00 100 Management Reserve 050 Direct Expenses Project Total $402,930.00 Notes: (1) Billing rates may vary based on the actual staff performing the work. Ch) 01 (ROUNDED) O:\PROJEC1120600\20610\08 Corporate \Contracts\Scoping\20610.003 New Contract\20610.003 GCFBR_LOE Page 1 of 1 6/20/2024 36 o (3) Upstream Habitat. The discussion will identify the decision criteria for making the project successful based on the framework developed. Workshop 2: Vision and Concepts —Based on the framework and decision criteria from Workshop 1, the team will collaborate on developing a vision statement and thoughts about initial concepts/options for design and further study. Workshop 3: Draft Concepts Review/Refinement Otak will present a set of potential concepts based on discussion in Workshop 2 and then this workshop session will focus on review and refinement of the concepts for initial analysis. Otak will conduct initial analysis comparing the options to the criteria and bring that back to Workshop 4. Workshop 4: Preferred Path Ahead/Preferred Solution—Otak will present the initial analysis of concepts and the team will discuss the preferred option/preferred path ahead (could be a hybrid of options) to further analyze and illustrate. The team will discuss and define deliverables for development by Otak under other project tasks such as Task 6.0 Alternatives Analysis, Task 9.2 Agency and Stakeholder Coordination, and Task 9.4 Public Engagement Support. Future deliverables to be defined through the collaborative workshops are anticipated to include: o Visualization graphics (2-D and 3-D renderings) o Habitat Enhancement Considerations, Limitations and Opportunities Study o Habitat Enhancement Schematic Design Figures o Flood Gate System Technology Alternatives Assessment(based on workshops and Task 6.3) o GIS-based Storymap or other materials for website posting TASK 9.3.2 DELIVERABLES: • Workshop Agendas • Workshop Hand -Outs and Presentation Materials • Project Vision Statement • Project Goals, Performance Measures, and Decision Criteria • Up to three separate concepts for evaluation (illustrated and described conceptually) • Evaluation matrix results • Memorandum documenting decisions around the preferred direction/preferred solution and a list of deliverables for the next phase of work. 10.0 Culvert Inlet Erosion Repair Final Design 10.1 Final Design 10.1.1 30% Plans and Engineer's Estimate and Basis of Design Memo Otak will prepare conceptual plans that include the site layout and section details of the proposed erosion repair design. The 30-percent design will include the cover sheet, plan and profile, and typical cross sections. We assume that the concept plans will be prepared at the same scale as the final design plans. Included in the 30- percent design submittal will be a preliminary engineer's cost estimate. Otak will prepare a Basis of Design Memo describing the need to repair scour protection measures around the inlet of the existing culvert to minimize impacts to the environment, infrastructure and O&M safety. The memo will also i potential habitat enhancement measures that may be implemented with the erosion repair that could be considered incremental improvements contributing to the future long-term restoration project plans at the Gilliam Creek site. Otak — Scope of Work 37 TASK 10.1.1 DELIVERABLES • 30-percent Design Plans (electronic pdf) • Engineer's Cost Estimate (electronic pdf) • Basis of Design Memo (electronic pdf) 10.1.2 60% Construction Documents Otak will prepare an engineering design and plan set based on the 30-percent plans to a scale and layout appropriate for a construction plan set, address comments from the City's review of the 30-percent design, and revise the plans to represent a 60-percent level of detail. Accompanying the 60-percent plans will be a list of anticipated special provisions and an updated Engineer's cost estimate. The following is a preliminary drawing list: 1. Cover Sheet 2. Legend, Notes, and Abbreviations 3. Survey Control and Existing Condition Plan, Scale 1" = 20' 4. Temporary Erosion and Sediment Control and Stream Bypass Plan, Scale 1" = 10' 5. Stream Stabilization Plan and Profile, Scale 1" = 10' 6. Channel Cross Sections, Scale Varies 7. Stream Stabilization Details, Scale Varies 8. Construction Staging Plan and Details (if necessary), Scale Varies TASK 10.1.2 DELIVERABLES • 60% Design Plans (electronic pdf) • List of Special Provisions (electronic pdf) • Engineer's Construction Cost Estimate (electronic pdf) 10.1.3 90% Construction Documents Otak will advance plans developed at the 60% level and prepare 90% level plans for the inlet erosion repair. The 60% construction review comments will be addressed in the 90% plans, and comment responses will be prepared for the 60% review comments. TASK 10.1.3 DELIVERABLES • 90% Design Plans (electronic pdf) • 90% Special Provisions and Project Manual (electronic .doc and .pdf) • Engineer's Construction Cost Estimate (electronic pdf) 10.1.4 100% Construction Documents Otak will address the City's comments from the 90-percent design and the final design submittal will include ad - ready construction drawings, a final Engineer's cost estimate and project specifications including the bid schedule. TASK 10.1.4 DELIVERABLES • Final Design Plans (electronic pdf) • Special Provisions (Divisions 1-9) and Project Manual (electronic .doc and .pdf) • Engineer's Construction Cost Estimate/Bid Schedule (electronic pdf) Otak — Scope of Work 38 TASK 10.1 ASSUMPTIONS • The design concept identified as the preferred alternative in the inlet erosion assessment memo (prepared under separate contract) will be the design carried forward to the 30-percent design level with minimal changes. • Special Provisions will be based on the 2024 (or current) edition of the WSDOT Standard Specifications with the APWA supplement, current amendments, and City requirements. • The City will provide a set of current City General Special Provisions and City standard contract and bid forms to be used for preparation of the Project Manual. 10.2 Permitting for Inlet Erosion Repair 10.2.1 Pre -Application Meeting, Agency Meetings, and Permit Facilitation During preparation of permit applications and support documentation, Otak will organize and conduct a pre - application field meeting with all applicable City, State, and Federal resource and regulatory agency representatives necessary to assure that they have a solid understanding of the existing and proposed conditions for the project prior to receiving the JARPA package. Participants in the pre -application field meeting are anticipated to include agency staff from WDFW, Army Corps, City of Tukwila, relevant tribal biologists, and potentially WRIA 9 technical staff such as Chris Gregersen. After permit applications are submitted, Otak will coordinate with City staff to respond to comments, provide additional clarification, and assist with shepherding the permits through the process efficiently. TASK 10.2.1 ASSUMPTIONS: • A single pre -application field meeting, not to exceed two hours in duration, will be conducted under this task. Hours also include time for responding to agency comments following the meeting and preparing meeting minutes. 10.2.2 JARPA Form and Figures Otak will prepare a JARPA form and figure set for the project when the project reaches a 60-percent design stage. The JARPA and Wetland and Stream Report will be used to apply for and support a Washington State Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA). The JARPA and the Biological Evaluation will be used to obtain a Department of the Army (Section 404) Nationwide permit from the Corps of Engineers. Otak will review the Department of Archaeology and Historic Preservation's web database for known cultural or historical sites to support the application. A formal cultural resources report will not be prepared. TASK 10.2.2 ASSUMPTIONS: • The project will be permitted by the Army Corps of Engineers under one of the Nationwide Permits available (e.g., NWP #13). • The project will not require offsite compensatory wetland or stream mitigation. The project is intended to be self -mitigating through restoration of a native riparian plant community above the bank armoring. • The project will not require an individual Section 401 Water Quality Certification from Washington State Department of Ecology. • A Cultural Resources report, will not be required. • The City will pay for all required permit fees. Otak — Scope of Work 39 10.2.3 ESA Compliance Documentation Documentation necessary for compliance with the provisions of the Endangered Species Act will be prepared during preparation of and in coordination with the 60-percent design level plans. Otak will prepare a Biological Evaluation (BE) for the project per the USACE format. A BE will be prepared for the USACE's informal consultation with the National Marine Fisheries Services (NMFS) and US Fish and Wildlife Service (USFWS) for project impacts to ESA -listed species. Informal consultation with NMFS and USFWS is anticipated for this project because the stream and riparian impacts from the bank stabilization will be characterized as pre-existing as a result of previous stabilization efforts, and therefore will be considered not likely to adversely affect (NLAA) ESA listed species or their critical habitats. If agencies disagree with a NLAA effects determination then a biological assessment will need to be prepared under a separate scope of work for formal consultation with USFWS and NMFS. The BE will be submitted as part of the JARPA package for the 404/401 permit application to the USACE. TASK 10.2.3 ASSUMPTIONS • The project will result in a May Affect, Not Likely to Adversely Affect (NLAA) determination for ESA -listed fish species and designated critical habitat that may occur in the project action area. The project will result is No Effects determination for all other listed species occurring in King County. o As such, the project will not undergo formal consultation with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (the Services). o The USACE and Services will concur that due to the eroding slope and erosion, previous bank armoring and slumping, and proposed bioengineered bank stabilization design, the project will have insignificant or discountable effects to designated critical habitat for Chinook salmon (Gilliam Creek). o Work area isolation and fish removal will be required. Fish removal will be conducted using herding methods and nets rather than handling (e.g., trapping and relocating). o The project will achieve ESA compliance utilizing the USAGE Abbreviated Biological Evaluation for Informal ESA Consultation, or similar format. TASK 10.2.3 DELIVERABLES • Draft Biological Evaluation and one (1) electronic file (PDF format) • Final Biological Evaluation and one (1) electronic file (PDF format) 10.2.4 Prepare Shoreline Permit Exemption Application The project will require compliance with the City's critical areas (e.g., wetlands, streams and their buffers) regulations at TMC 18.45.100 (Watercourse Designations, Rating and Buffers), 18.45.150 (Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and Standards), floodplains, and shorelines per TMC 18.44 (Shoreline Overlay). Part of the project area is located within shoreline designation. Otak will complete a pre -application conference request with City staff in addition to the site meeting under Task 10.2.1, and the shoreline permit exemption application. The project is expected to be considered normal repair of existing structures/developments including repair of damage caused by elements (e.g., precipitation and stream flows). TASK 10.2.4 ASSUMPTIONS • Project will qualify for the Shoreline Permit Exemption. No net loss of shoreline ecological functions will still need to be achieved in accordance with the requirements of the Shoreline Exemption. Stabilizing the eroding bank and replating with native plants is expected to provide adequate mitigation for the proposed bank armoring. TASK 10.2.4 DELIVERABLES • Shoreline Exemption Application Otak — Scope of Work 40 • Floodplain Permit Application 10.2.5 SEPA Compliance The project will require compliance with the State Environmental Policy Act (SEPA). Otak will prepare a SEPA checklist for the project, with vicinity map and simple plan view appropriate for the general public, and will submit the checklist to the City for environmental review as the lead agency in the SEPA process. ASSUMPTIONS • The proposed project will result in a Determination of Non -Significance (DNS). • Preparation of a SEPA EIS is not included in this scope. DELIVERABLES • Draft and Final SEPA checklist with vicinity map and site plan, submitted to the City. 10.2.6 Prepare Critical Areas Report A Critical Areas Report (CAR) will be prepared for the permit applications to local, state, and federal agencies. The Wetland and Stream Delineation Report prepared under the previous scope of work will be amended to include a project description, impacts assessment, and proposed restoration of temporary impacts to result in no net loss of shoreline ecological functions. ASSUMPTIONS • Onsite restoration of temporary impacts using native plants will be adequate mitigation for project impacts to Gilliam Creek. DELIVERABLES • Draft and Final Critical Ares Report (PDF) Management Reserve If directed by the City, consultant will provide services needed to assist the City for unforeseen tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, the consultant will provide a scope and budget for the task identified by the City. The consultant will not proceed with the task until written authorization has been provided by the City. The allotted amount for this task is $30, 000.00. Direct Expenses Direct expenses to be submitted for reimbursement include: • Mileage/Travel for site investigations and meetings • Other Misc. Expenses Otak — Scope of Work 41 42 Transportation & Infrastructure Services Committee Minutes May21, 2024 F. Contract Amendment: Gilliam Creek Fish Barrier Removal and Habitat Enhancement *Staff is seeking approval of Amendment No. 2 to Contract 23-191 with Otak in the amount of $398,200 for additional engineering services. Committee Recommendation Unanimous approval. Forward to June 3, 2024 Regular Consent Agenda. G. Contract Amendment: S. 131sY Street Drainage Improvement Project Staff is seeking approval of a contract amendment in the amount of $139,733 for additional engineering services. Committee Recommendation Unanimous approval. Forward to June 3, 2024 Regular Consent Agenda. H. Resolution: Six -Year Transportation Improvement Program Staff is seeking approval of the annual update of the Six -Year Transportation Improvement Program. Committee Recommendation Unanimous approval. Forward to June 10, 2024 Committee of the Whole. The meeting adjourned at 6:20 p.m. Committee Chair Approval Minutes by LH 43 44 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor review Council review 7/01/24 BWM ITEM INFORMATION ITEM No. 6 STAFF SPONSOR: B.MTLES ORIGINAL AGENDA DATE: 7/ 1/ 24 AGENDA ITEM TITLE Washington State and City of Tukwila Asylum and Refugee Response Update CATEGORY n Discussion Mtg Date 7/01/24 Motion Mtg Date Resolution Mtg Date Ordinance Mtg Date Bid Award Mtg Date Public Hearing n Other Mtg Date Mtg Date SPONSOR ❑ Council ►1 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fare ❑ PAR ❑ Police ❑ I'U SPONSOR'S SUMMARY Staff from the Washington State Department of Refugee and Immigrant Assistance and the Mayor's Office will provide an update on the statewide and local response to the growing needs of the aslyum and refugees in the area. REVIEWED BY El Trans&Infrastructure Svcs ❑ LTAC DATE: N/A Community Svcs/Safety u Finance & Governance U Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMI LI EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 07/01/24 MTG. DATE ATTACHMENTS 7/01/24 Powerpoint Presentation 45 46 Tukwila Asylum Seeker Response J U LY 1, 2024 REGULAR COUNCIL MEETING INFORMATION ONLY Staff will provide an informational update for discussion. No action sought from Council. • Tonight s Agenda 1. Overview of the Statewide asylum seeker response. 2. City of Tukwila's asylum seeker response 1_ Partner in statewide response 2. Upcoming Grants and Funding Opportunities 3. Update on Riverton Park United Methodist Church. csi cD Welcoming Washington: updates from the DSHS Office of Refugee and Immigrant Assistance June 2024 Sarah Peterson, MSW WA State Refugee Coordinator Office Chief, WA Office of Refugee and Immigrant Assistance Washhgton State Department of Social arid —ealth Services 0000, 00,01 0, 00 004i 0004 '00000. 000000400000,00400,0000000000000.0°. Welcoming refugees is a collective effort. WA Office of Refugee and Immigrant Assistance invests federal and state funding into local community across Washington to provide services and resources that help refugees and humanitarian immigrants achieve economic stability and supports long-term integration. Partners with more than 100 organizations: • Refugee Resettlement Agencies • Nonprofit Organizations • Ethnic Community -Based Organizations • Public Health Departments and Health Clinics • School Districts • Community Colleges • Other State Agencies • And more... Refugee Health & Wellness .,:,;I:Fi;,.:pj:Z7:77.;;WE,;;;74;iZ:177,7:17.77.7:7,1=7,;;I;ZZ1.77=;;;;ZAZIn7:11177::=Z7:231:117.777:7:17.7,7 Employment & Training Immigration Assistance & Naturalization Services Whole Family Programs U1 --1 Ul How many people are served by ORIA's Refugee Resettlement Programs? 7,486 7,931 6,951 5,507 12,426 Serves all federal eligible immigrants, including: • Refugees admitted under 207 of the Irr?r }_ rat on and Nationa]3t° Act (1 A) • People granted asylum under § 208 of the i NA =.g • Cuban and Haitian entrants • Amerasians • Certified victims of human trafficking • Special Immigrant Visa Holders from Iraq and Afghanistan • Afghan Humanitarian Parolees (See ORR Policy Letter 22-01 and 22-02) • Afghan Special Immigrant Conditional Permanent Residents ::. • Ukrainian Humanitarian Parolees (See ORR Policy Letter 22-13 FFY 2018 FFY 2019 FFY 2020 FFY 2021 FFY 2022 FFY 2023 Data collected and reported through the ORR-5. Federally Funded Refugee Services may include: • Refugee Cash Assistance • Refugee Medical Assistance • Medical Screenings • Refugee Support Services, including: • Health and Wellness • Employment & Training Services • Immigration -Related Legal Services • Whole Family Programs Pathways for New Arrivals for the U.S. Refugee Resettlement Program How do the arrive to the United States? Immigration Status What initial welcome services do people receive? Public Benefits Federal Refugee Resettlement Services U1 W Refugees • U.S. Refugee Admissions Program • Travel Arranged by International Organization of Migration Work Authorized Pathway to legal permanent residency and citizenship Eligible to receive federal cash, food, and medical assistance Eligible for federally funded programs and services, including Matching Grant, Preferred Communities, and ORIA-administered programs and services. Humanitarian Pathways • Supporter -Based applications • Approved Travel Authorization • Travel Independently Varied humanitarian entrants Eligible to apply for EAD Pathways to LPR/Citizenship vary Not eligible for R&P resettlement services May be eligible to receive federal refugee resettlement services based on country of origin and immigration status. Eligibility for federal or state cash, food, and medical assistance vary depending on country of origin and immigration status. Certain HPs are eligible for federally funded programs and services, including Matching Grant, Preferred Communities, and ORIA- administered programs and services. k f©r asylumfrom USCBP ... as ith.Imm gnat on Judge Apply for,asylum; ply°for EA© t15© day Eliglblli medical a; if origin a al or state, cash, fo e a .d pe d;n igratin status. Ul Definitions Asylum -Seeker: is a person who has left their county and is seeking protection from persecution, but who has not yet been recognized as a refugee. Migrant: is a person who leaves their country of origin to seek permanent or temporary residence in another country. Many new migrants and asylum seekers are entering the U.S. via the Southwest border and are being apprehended by the Department of Homeland Security. As a result, they are placed in removal proceedings with a Notice to Appear in front of an Immigrant Judge. The WA MASS Project is intended to serve migrants and asylum -seekers who are ineligible for federal refugee resettlement services. Refugee: is an individual that has fled their home country and cannot return because they have a well-founded fear of persecution due to their race, religion, national origin, membership in a social group, or political opinion. Refugees apply for and are granted a stable immigration status by the Department of Homeland Security and are admitted into the United States under that status. Other immigrations statuses qualify for federal refugee resettlement services: Asylee or someone granted asylum by the U.S. government. Certified Victim of Human Trafficking. Amerasian. Cuban -Haitian Entrant. Afghan and Iraqi Special Immigrant Visa holders (SIVs). Certain Afghan and Ukrainian humanitarian parolees These individuals do not qualify for WA MASS services. Washington State Department of Social and Health Services Washington Migrant and Asylum -Seeker Support Project Purpose: To build a statewide network of organizations to deliver a coordinated response to meet the specific and immediate needs of recently arrived migrants and asylum -seekers. Pilot Project to provide up to one year of services for eligible migrants and asylum -seekers. VC a u ons Newcomer Navigation and Reception Hub One primary organization Migrant Housing Services • Emergency Shelters and Hotels • Transitional Housing Subsidies Multiple Organizations igration-Related Legal Services One lead coordinating organization Multiple organization to provide client services Culturally Responsive Case Management Services Multiple Organizations Washington State Department of Social and Heaith Services Newcomers Hub Emergency Housing DSHS - ORIA providers gal Services Healthcare services Case Management Services Housing Providers/Services funded by ORIA WA Migrant and Asylum -Seeker Support Project Pilot Within 24 hours Within 1-5 business days Within two weeks up to nine months Newcomer rclves to WA f State Novrcom roar acts wX hub ai Connect and heta chants coeedh Legal Assistance Connect clients to pu blk helath and FQHCS Newcomer Client€nuke and Reception and s- Triage for 'awned late Navigation Hub housing support t l€nt waveehe; needs assessment sieness days} enroll In social se [stye food, cash, med tag. !A fu d E teen E&Tand. Funding Plans and Investments • Investing more than $20,000,000 for State Fiscal Year 2025 • Funds and services are available between July 1, 2024, and June 30, 2025 • Geographic Prioritization: • King, Snohomish, Clark, Pierce, Yakima, Spokane, Benton -Franklin Counties Support Services Areas Proposed Percentage Number of Organizations Emergency and Transitional Housing Services 45 - 50% Multiple Direct Service Providers Newcomer Reception and Navigation Hub 20 - 23% One Primary Organization Immigration -Related Legal Services 12 — 20 % One Lead Organization Multiple Direct Service Providers Culturally Responsive Case Management Services 10 - 15% Multiple Direct Service Providers Education, Employment and Training Services 5.0% Current or Existing Providers Only Washington State Department of Social and Health Services Participant Eligibility and Prioritization Eligibility Criteria: • Be a non -citizen that entered the U.S. for the first time after Jan. 1, 2022, and Do not qualify for federal refugee resettlement services and benefits, and Have been placed in removal proceedings or are a isk of deportation or removal from the U.S. because they have not been granted a permanent immigration status; and Have a household income below 200% of the federal poverty guidelines. Prioritization: • Pregnant individuals • Households with dependents under the age of 18 • Individuals with significant medical conditions. Washington State Department of Social and Health Services Initiate Specific Investments School Districts Serving Asylum -Seeking McKinney-Vento Students $250,000 for SFY 2024 — completed competitive application Selected School Districts: Shelton School District, Tukwila School District, Wapato School District $750,000 for SFY 2025 — NOFO — open in July — August 2024 Services for Sub -Saharan African Community $700,000 for SFY 2025 Open Application for organization serving this community Needs Assessment and Comprehensive Statewide Plan Competitive Request for Procurement $500,000 for SFY 2025 Washington State Department of Social and Health Services March 25 — April 30, 2024 May 23, 2024 —July 1, 2024 June 13, 2024 July 1, 2024 August 1— Sept. 30, 2024 Oct. 1, 2024 — Dec. 30, 2024 February — April 2025 June 30, 2025 Stakeholder Listening Sessions Competitive Procurement Process Federal DHS FEMA Shelter & Support Grant Due Funding becomes available Contracts Executed Contract Training and TA Contract Monitoring Contracts End COMMERCE $5,000,000 $2,500,000 DSHS ORIA $1,000,000 0) $700,000 $810,000 $22,740,000 Grant to King County for costs provided to transitional and long-term housing for unsheltered and recently arrived individuals and families Grant to Tukwila for costs incurred related to unsheltered, recently arrived individuals and families. Tukwila must contract with ORIA to provide tiered support services. $250,000 in FY 2024 and $750,000 in FY 2025 provided solely for school districts that have seen a significant increase in McKinney Vento students seeking asylum with the opportunity to receive grants that provide additional education opportunities and family supports Provided solely for members of the Sub -Saharan African community Staff and Administrative costs at ORIA (2.5 FTEs) Support Services for individuals newly arriving into the U.S. and WA who do not qualify for federal refugee resettlement services. Support services include but are not limited to housing assistance, food, transportation, childhood education services, education and employment supports, connection to legal services, and social services navigation. Thank you! Sarah Peterson, MSW Washington State Refugee Coordinator Office of Refugee and Immigrant Assistance Email: sarah_Peterson dshs,wagov Washington State Department of Social and Health Services City of Tukwila's Asylum Seeker Response 1. Partner in statewide response 2. Update on Riverton Park United Methodist Church. 3. Upcoming Grants and Funding Opportunities • o-) Declaration of Emergency, October, 2023 •City of Tukwila declared an emergency to respond to the growing influx of asylum seekers in the City and region. *City executed a MOU with RPUMC. •Ongoing effort to identify, engage, and partner with intergovernmental agencies to build strategic response to asylum seekers in WA state Riverton Park United Methodist Church 69 6 152 150 377 people Highlights Highlights Issues and Challenges Lack of site access control Continue to struggle with new households arriving at RPUMC (numbers fluctuate weekly/daily) Ongoing challenge to downsize site Implement recommended access control strategies (i.e. sign-in/sign-out area, increased monitoring, etc.) Continued intergovernmental engagement and partnership to create places for asylum seekers to access shelter and services No identified place in the region to divert asylum Continued intergovernmental engagement and seekers in need of navigation and services partnership to build a navigation center/hub Finding partners willing to shelter asylum seekers Continued intergovernmental outreach to identify (cities, county and state) Struggling with rodent issue partners and shelter/services opportunities Continued work with participants to not leave food sources or garbage out; increased garbage cleanup by RPUMC staff Next Steps - RPUMC 1. Compliance with MOU and fire life/safety standards 2. Continue to identify and participate in grant/funding opportunities 3. Upcoming council meeting for more detailed plan and update regarding RPUMC White tent scheduled for removal / contracted through end of August • cr) Status: Secured, still need a contract with Department of Commerce. Total Funds: $2,500,000 Reimbursement for Past No Expenses: Focus: Asylees Competitive grant, still waiting for response from FEMA. Washington DSHA is the lead. TBD Maybe Asylees Still working on the final scope of the award. $2,000,000 No. General Homelessness. Total and Projected Costs 2023 $ 2024 $ Total % 88,864 138,016 226,881 45% 18,734 127,156 145,889 29% 55,494 53,862 109,356 22% 0 14,476 14,476 3% 0 2,533 2,533 1% 163,092 336,043 499,135 100% 391,266 890,401 Grants Funding Washington State Funding Allocation ($2,500,000) D$500,000 for direct costs incurred by the City AFTER July 1, 2024. Could include the tents, 1-2 strategies, etc. D$2,000,000 for housing of asylees, costs need to be incurred after July 1, 2024. aFEMA Grant (unknown amount). Dln partnership with Washington DSHS, could include reimbursement of the City's costs incurred from October, 2023 onwards. South King County Homelessness Grant ($2,000,000) Focused on general homelessness response, not just asylum seekers. • Secured, still need a contract with Department of Commerce. Total Funds: $2,500,000 Reimbursement for Past No Expenses: Focus: Asylees Competitive grant, still waiting for response from FEMA. Washington DSHA is the lead. TBD Maybe Asylees Still working on the final scope of the award. $2,000,000 No. General Homelessness. w Washington State Funding Allocation Washington State Funding Allocation ($2,500,000) LiJoint procurement process with King County. King County would be the lead in securing a housing provider. The City's funds would be used for Tukwila asylum seekers. JAllows the funding to be deployed quickly and to respond to the acute situation in the City. • FEMA Grant FEMA Grant (TBD) Lift we receive this grant, we will use these funds to recoup the City's past cost (if allowed) and for reimbursement of the City's ongoing costs. This would the $500,000 from the State allocation for City direct cost to be used for other purposes. JFunds for housing vouchers. JFood Services UTent and 1-2 strategies. • 01 South King County Homelessness Grant Emergency Motel/Hotel Vouchers Tent Rental and Operations $252,000 $99,9000 This would be overlap between the State and FEMA grant. If we use those grants for the reimbursement, we would reposition these funds. Tiny Home Installation $500,000 Location TBD. Gregor House Remodel $150,000 City owned house that is used for transition housing. Building needs significant upgrades. City will use the funds to remodel the house and transition it to shelter, operated by a third party. Gregor House, Operations $48,000 Purchase of motel/hotel or third party $1,000,000 funding. Upcoming Will bring to the City Council contract with the State and King County for funding award, including updated scope. Will provide a more in-depth informational update regarding RPUMC activities, etc. and seek Council direction on next steps. 78 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared ly Mayor's review Council review 7/01/24 AY ITEM INFORMATION ITEM No. 7 STAFF SPONSOR: N.GIERLOFF ORIGINAL AGENDA DATE: 7/ 1/ 24 AGENDA ITEM TITLE Briefing on Tukwila South Development Agreement CATEGORY n Discussion Mtg Date 7/01/24 Motion Mtg Date Resolution Mtg Date Ordinance Mtg Date Bid Award Mtg Date Public Hearing fl Other Mtg Date Mtg Date SPONSOR ❑ Council ►1 Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ PAR ❑ Police ❑ I'U SPONSOR'S SUMMARY The 2009 Development Agreement governing the Tukwila South subarea is due to expire at the end of 2024. Segale Properties has requested an extension. The intent of this discussion is to provide context for further discussion of this issue. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COi\IMI EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 07/01/24 MTG. DATE ATTACHMENTS 7/01/24 Informational Memorandum PowerPoint Tukwila South Master Plan Vision and Guiding Principles Summary of DA Conditions with Amendments and Addendums 79 80 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Marty Wine, City Administrator BY: Nora Gierloff, DCD Director Derek Speck, Economic Development Administrator Brandon Miles, Strategic Initiatives and Government Relations Director CC: Mayor McLeod DATE: June 24, 2024 SUBJECT: Briefing on Tukwila South Development Agreement ISSUE The 2009 Development Agreement governing the Tukwila South subarea is due to expire at the end of 2024. Segale Properties has requested an extension. The intent of this work session is to provide context for further discussion of this issue. BACKGROUND As part of the "Tukwila Tomorrow Committee" work in developing the 1995 Comprehensive Plan, the City of Tukwila completed an in-depth Background Report for Tukwila South. In 2009 the City of Tukwila completed its long-standing goal of annexing Tukwila South, see Attachment A. Tukwila South is just over 500 acres in size and represents one of the largest undeveloped greenfields in the Seattle metropolitan area. For comparison's sake, Tukwila South is larger than either South Lake Union or downtown Bellevue. The development of the area presents an opportunity for the City of Tukwila to significantly increase its commercial and residential base, while also increasing the City's tax base. State Environmental Policy Act (SEPA) In 2005, the City of Tukwila issued a Final Environmental Impact Statement (FEIS) under SEPA for future building out of Tukwila South. The Tukwila South FEIS analyzed the potential impacts associated with the build out (including re -development of the existing Segale Business Park), assuming full build -out of 10.3 million square feet of various uses and up to 10,166 new vehicle trips. Master Plan Policy 9.1.3 of the City's 1995 Comprehensive Plan element regarding Tukwila South required that a master plan be completed before any significant land altering occurred in Tukwila South. On June 8, 2009, the City of Tukwila adopted Ordinance 2234, which approved a Master Plan for Tukwila South defining defined the vision, goals, and objectives for the largely vacant, mostly single -owner area, see Attachment C. The full document is available as Exhibit 4 to the DA, see link in next section. As was discussed in the Master Plan: "With nearly 500 acres of land five minutes from SeaTac Airport and adjacent /-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 81 INFORMATIONAL MEMO Page 2 82 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major, "non -Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the City of Tukwila and improve the quality of life of its residents." Development Agreement In 2009, to assist in developing the area in a coordinated manner, the City of Tukwila and Segale Properties, LLC executed a Development Agreement (DA) for Tukwila South. The original agreement and the first amendment are saved at: https://records.tukwilawa.qov/WebLink/DocView.aspx?Id=9859&searchid= 12091625-6cc5- 4aa5-ab97-fa28e358cc85&dbid=1 The Exhibits to the agreement are saved at: https://records.tukwilawa. ov/WebLink/DocView.as 2Oid=9860&sgarchid=12091625-6cc5- 4aa5-ab97-fa28e358cc85&dbid=1 The multiple addenda and amendments to the DA between 2010 and 2014 are saved at: hit s://re cords.tukwilawa. cv/WebLink/DocViewaspx?Id=58501 &searchid=32eb49d8-2ea3- 46bc-b2cf-9317f60c2b8d&dbid=1 According to the Ordinance that adopted the DA: "[Segale Properties] Intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan ("Master Plan'). The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of a campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project"). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area. The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor; thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections." Sensitive Area Master Plan (SAMP) To facilitate development of the Tukwila South Project, the City approved a Sensitive Areas Master Plan under file number L10-014. The SAMP allowed Segale Properties to develop an area -wide plan for alteration and mitigation of sensitive areas that results in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45, the City's sensitive areas regulations (now https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tuk S Workshop Briefing/7-1-24 Tuk S Info Memo.docx INFORMATIONAL MEMO Page 3 called critical areas). The critical areas and their corresponding buffers identified as "Native Growth Protection Areas" will be permanently protected with easements recorded against such property. The Native Growth Protection areas are called Sensitive Area Tracts on the preliminary plat, see Exhibit 3 to the DA. The mitigation work and monitoring for the wetlands and watercourses has been completed but is awaiting final approval by the Department of Ecology. Grading Permit On April 29, 2011, the City issued a grading permit (PW10-064) to Segale Properties, LLC for mass grading of the Tukwila South project area. The purpose of the grading permit was to prepare the area for future development in accordance with the approved Master Plan and Development Agreement. The applicant is still in the process of completing the work outlined in the approved grading plan. Shoreline Substantial Development Permit In conjunction with the above grading permit, the City of Tukwila issued a shoreline substantial development permit (L10-025) for grading within 200 feet of the Ordinary High Water Mark (OHWM) and to modify an existing flood levee. Like the grading permit, the shoreline substantial development permit was to prepare for the future development of the Tukwila South area in accordance with the approved Master Plan and Development Agreement. Subdivision In 2013, the City's Hearing Examiner approved a preliminary plat for Tukwila South identifying 42 lots, 5 sensitive area tracts, and two regional detention tracts. A Phase 1 Final Plat was recorded in 2018 that included the sensitive area and regional detention tracts, 3 lots to be leased or sold on an individual basis, and 14 future development tracts covering the remainder of the Tukwila South site that may not be built upon until they are further subdivided into developable lots in later phases. An extension to the Preliminary Plat was issued in 2022, extending the expiration date until December 22, 2024, the same time period as the DA. TMC 17.14.050 Expiration allows for two more extensions of the preliminary plat to be requested for 2 years each. After that a new subdivision will be required to create any additional lots. ANALYSIS Large sections of the original development agreement have been either superseded by subsequent amendments or addendums or concern activities that have been completed, such as the realignment of S 178th Street and the construction of the fire station. Staff has been working with Segale Properties to identify which deal terms remain relevant to the future development of Tukwila South. To date we have identified the following issues which staff and Segale Properties are currently discussing: 1. Vesting o The DA vests development within Tukwila South to the Zoning, Subdivision, Shoreline Master Program, SEPA, stormwater, surface water, and transportation concurrency codes in place at the time of DA adoption in 2009. o Some of these environmental regulations are based on State codes or best available science which has evolved since 2009 and may not be within Tukwila's power to vest. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tuk S Workshop Briefing/7-1-24 Tuk S Info Memo.docx 83 INFORMATIONAL MEMO Page 4 o Staff has concerns about the feasibility of processing land use and construction permits under outdated codes referencing unfamiliar past procedures and standards. o The agreement provides that up to 85% of development areas served by each stormwater facility may be covered with impervious surfaces. 2. East-West Bike/Ped connectors o Segale Properties agreed to provide eight 14' wide pedestrian corridors and connections from the river bike/ped trail through the site, to off -site ped trails and city ROW. o Siting of these corridors has been postponed multiple times by mutual agreement pending development of the site. The latest deadline for providing these easements to the City was 12/31/2019. 3. Sensitive area mitigation and monitoring o Wetland & fisheries mitigation monitoring & maintenance are awaiting final approval from the Department of Ecology. o Fisheries mitigation monitoring is complete, there is an issue with the Johnson Creek flapgate not allowing fish upstream. Unimpeded fish passage into Johnson Creek was a condition of the 2007 Hydraulic Project Approval permit. 4. Native Growth Protection Areas o To date the City has not received recorded easements for three of the five NGPA areas needed to identify them as areas to be preserved rather than developed. 5. Traffic Concurrency o The Tukwila South EIS established a "trip bank" of 10,166 net new PM peak hour trips. Development within Tukwila South that generated up to that number of trips would be permitted without further concurrency review. The horizon years for the traffic analysis in the 2005 EIS were 2015 and 2030. 6. Ownership Change o A portion of the Segale Business Park that is covered by the DA was sold to Clarion Partners. This makes Clarion a party to the existing DA and would require their approval for any future amendments or extensions. Staff is evaluating the following options: 1. Extending the DA as is for additional years before it expires this year; 2. Creating a new DA that only includes terms relevant to future development and excludes parcels owned by Clarion; 3. Allowing the DA to expire so that development would occur according to regulations in place at the time of each permit application. FINANCIAL IMPACT Negotiating, developing, and implementing an extension to the existing DA or creation of a new DA will involve considerable staff and legal time. Development of the Tukwila South subarea would increase the City's tax base and revenues. RECOMMENDATION Information Only. ATTACHMENTS A. Tukwila South Development Agreement Presentation B. Tukwila South Master Plan Vision and Guiding Principles C. Summary of DA Conditions with Amendments and Addendums 84 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tuk S Workshop Briefing/7-1-24 Tuk S Info Memo.docx TUKWILA SOUTH DEVELOPMENT AGREEMENT STATUS UPDATE CITY COUNCILWORK SESSION JULY 1,2024 Image excerpted from 2009Tukwila South Master Plan $ 1 76TH ST AGENDA Tonight's Purpose Context Original Vision Current Status of Development Agreement Next Steps Q&A and Discussion outhcenter ISOTHST s._ 2 BRISCOE PARK *4:3 a) 4, V) 0— 0 CI) s_ X (1.) $ 1 76TH ST TONIGHT'S PURPOSE The Tukwila South development agreement expires in December 2024. Segale Properties has requested an extension. Staff is reviewing the request and discussing options with Segale Properties. The purpose of tonight's agenda item is to provide context in the event staff returns to Council with proposed amendments in fall 2024. •outhcenter ISOTHST 2 BRISCOE PARK '47.3 4, 4, V) 0- 1_ Q) 0- X (1.) CL) tu) $ 176TH5T CONTEXT Tukwila South development was conceptualized in the City's 1995 Comprehensive Plan Large site mostly under single ownership Lacked infrastructure Large portion in unincorporated King County Shared vision of property owner & city Negotiations started prior to 2004 City issued Final Environmental Impact Statement (FEIS) in 2005 Council approved the Master Plan in 2009 Council approved the Development Agreement in 2009 Portion of Segale Business Park is now under separate owner outhcenter 8OIHST BRISCOE PARK 2 tko .43 L E V) 0 0E 0 s_ cll X (1.) tk0 ORIGINALVISION Major new urban node and destination in region 5 to 10 million square feet of office technology / flex -tech space 1 to 2 million square feet of goods and services 700 to 1,900 units of housing Fine grained, pedestrian oriented districts Roads and utilities infrastructure Environmental stewardship Implementation over 25 to 30 years Image from 2009 Tukwila South Master Plan nnexation (Segale) — Completed mend Tukwila South •verlay 'strict (City) — Completed mend Shoreline aster Plan (City) — Completed esign Southcenter Parkway (Segale and City) — Completed edicate land for Southcenter Parkway (Segale) — Completed Construct Southcenter Parkway (City) — Completed Vacate Frager ' oad and portion of Southcenter Parkway (City) - Completed Transfer city detention pond (City) - Completed Construct stormwater ponds for Southcenter Parkway and site development (Segale) — Completed • 1 • elocate South 17 h Street (Segale) — Completed •btain water, power, and gas service (Segale and City) Completed Voluntary fire impact fee (Segale) — o longer applicable; replaced by fire impact fees donate land for fire station (Segale) — Completed Provide fire mitigation payment (Segale) — Completed Provide refundable fire impact fee deposits (Segale) - Construct fire station (City) - Completed Limitations on certain uses — Currently in effect Prepare a aster Stormwater Infrastructure Plan (Segale) — Completed Prepare Sensitive Area aster Plan (SA P) (Segale) — Completed Implement SA P, including fisheries mitigation plan (Segale) — early completed (pending $ • E approval) odify cross -levee at S 196th Street (Segale) — Completed Create off -channel habitat (Segale) — Completed Clearing, grading, filling site including 404 permit (Segale) — In progress onate easement for bike/pedestrian trail along crown of levee (Segale) — Completed onation of easements for levee (Segale) — Completed A Comprehensive Plan (adopted 2004; amended 2 0 oning ordinance (in effect June 2009) Subdivision ordinance (in effect June 2009) Shoreline aster Program designations and pre -designations (in e ect June 2009) SEPA regulations and substantive SEPA policies (no additional SEP review if under 10,166 net new trips, etc.) Transportation concurrency regulations and approval up to 10,166 net new trips development limited to trip ceiling of 10,166 net new trips Traffic impact fee credit for existing trips Notes: During the Term of this Agreement [Segale Properties] may, at its option, develop the Property or portions thereof in accordance with new code provisions. Vesting is provided to the extent allowed by State and Federal law. 1 • A Stormwater, surface water treatment and quality, surface water retention and detention design standards and ordinances (unless superseded by State or Federal regulations) City of Tukwila Development Guidelines and Design and Construction Standards (Second Edition, Revision I, 2005) 1998 King County Surface ater Design anual 2005 King County Surface ater Design Manual (for South Facility) Table 1 odifications Exceptions to grading ordinance 2062 Up to 5% of developable area may be covered by impervious surfaces ispute resolution process 1 Vesting Clarion Partners is now a party to the development agreement o protest agreement if City forms utility local improvement district for sanitary sewer Create plan for bike/pedestrian trail connections (Segale) • illia oad Connector (Segale) ' equirement not yet triggered Staff and Segale Properties will continue discussions: hether to extend the development agreement "as is" hether to create a new, simpler development agreement hether to let the development agreement expire Staff will update the Council in Fall 2024 REVIEW V Tonight's Purpose -/ Context / Original Vision -7 Current Status of Development Agreement Next Steps Q&A and Discussion TECHNOLOGY PARK AT PRATO DISTRICT TUKWILA WA 1 DECEMBER 13, 2021 444,0*- 4.0.1itedirru.rit__ la, rict marketing brochure 0 ect s- oE 0 Image excerpted co 03 _> °;arrr L;_( COLLUN SW©E RMAN TABLE OF CONTENTS NATURAL N CT RE PAGE NUMBER 1 3 A COL I .INS OERMAN visioN La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2009 COL LINSWOERMAN O N W This Master Plan document defines the goals, objectives and vision of Segale Properties to transition almost 500 acres of mostly undeveloped property in Tukwila, Washington, to a memorable regional destination that can compete nationally and internationally for employers and goods and services. With nearly 500 acres of land five minutes from SeaTac Airport and adjacent to 1-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major,"non-Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the city of Tukwila and improve the quality of life of its residents. Because of the sheer size of the site, the implementation of this vision will span many development cycles over 25 to 30 years. The initial value created by early development efforts will allow infill development in future cycles that will continue to build value for the property and increase density over time. The Tukwila South development strategy emphasizes multiple uses, including 5 to 10 million square feet of office technology / flex -tech space, 1 to 2 million square feet of goods and services, and 700 to 1,900 units of housing. These uses will be grouped in fine-grained, pedestrian -oriented districts. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. The Tukwila South Master Plan's measures to protect and enhance the site's natural environment include the enhancement of Johnson Ditch into a fish -friendly tributary, the creation of back -water fish habitat in the Green River, and the restoration of a 32-acre wetland complex. The project's design will integrate its transportation infrastructure, develop shared parking concepts, and create internal natural environments with visual connections to the green amenity of its western hillside and the open space amenity of the Green River to the east. COL I .INS OERMAN La Pant; _LC THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN The Tukwila South Master Plan's vision and guiding principles mirror and reinforce those set out in the City of Tukwila's Comprehensive Plan. As described in this document, Tukwila South will substantially aid the City in creating"safe and secure places to live" and "an economy that provides jobs, ways to get around, schools, and recreational opportunities"all identified as core reasons for the creation of its Comprehensive Plan. The Master Plan also allows the City opportunities to satisfy the Growth Management Act requirements set out in the Comp Plan's introduction, including the identification of"Urban Growth Areas that can accommodate at least 20 years of new population and employment"and the identification and protection of"open space corridors of regional significance." Most importantly, it materially assists what is identified as the Comp Plan's primary charge: to preserve and enhance"Tukwila's long-term economic growth and community viability and identity." The Master Plan represents a rare opportunity to create a strong and appealing identity for the site itself and serve as a highly visible, memorable gateway to the city of Tukwila as a whole. Southcenter Parkway (57th Avenue 5) will be expanded and extended through the site in a new alignment; this will provide an improved connection to the area from the Tukwila Urban Center. Improved east -west access will be provided by realignment of S 178th Street; a future east -west access from Orillia Road to the site will also be developed to accommodate full buildout. Some modification of the western hillside will occur, but the majority of the hillside will remain untouched as an amenity. Portions of the hillside on the north end of the property will be graded and re-lansdscaped to accomodate the relocation of 5 178th Street and to provide fill material for the project. On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered by residential design guidelines to be developed and adopted prior to residential development. On -site amenities will include landscaped open space, plazas and courtyards, and a pedestrian/bicycle pathway along the Green River. Because the Tukwila South Master Plan is organized around a combination of campus -type research and office environments and districts, the quality of building design will likely be substantially higher than that found in the surrounding industrial and retail uses. Building design, construction, and materials will be of institutional quality, and coordinated through comprehensive urban design principles. The Master Plan is consistent with City goals calling for zoning and development regulations that encourage growth in certain areas, promote economic use of industrial lands outside the MIC, and retain large parcels in order to facilitate their efficient use. Tukwila South is one of the areas considered for new employment and residential growth in the Comprehensive Plan. A mix of uses will be oriented along Southcenter Parkway. The density of development on the site will support transit use and a secondary onsite street system will be developed with pedestrian circulation in mind, with features such as sidewalks and appropriate signage for pedestrians. The site will be organized around pedestrian -oriented circulation systems, with simplified vehicular circulation, to foster linkages within the campus(es). COLLI NS WOERMAN MING PRNCPLES La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN MAY 2009 COL LINSWOERMAN O cn Communities are not instant creations of urban designers. They are places that grow and evolve as changing needs, opportunities and personalities contribute to their form. The best communities build on their history and background while creating a bold vision for the future. BACKGROUND The Tukwila South project represents an opportunity for the City to enhance its competitive position in the regional marketplace. At approximately 500 acres, the site's sheer size, combined with the consolidated land ownership, existing lower density uses, and proximity to the airport, it is certain to attract attention from national and international companies seeking expansion opportunities. The property currently contains a mix of industrial and agricultural uses with a high potential for redevelopment and the ability to transition to a dynamic urban multi -use district as it phases out its existing, lower - density uses. The Segale family has been systematically assembling property within the Tukwila South area for over 50 years. While there have been discussions about development and markets that could havefilled the property with many of the retail and industrial uses common to this part of the Valley, the land has yet to see its first significant development. The guiding principles developed for the project arose from the history of the Segale family, the natural beauty of Puget Sound and the site's key characteristics. With this background as our starting point, we have created the following ten guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. Additional information on the background of these principles are located within the appendix of this Master Plan. PRINCIPLE #1: LONG-TERM VISION The development of Tukwila South will be guided by a long-term vision that will create a different, more cohesive development pattern than if the property was developed on a parcel -by -parcel basis. A long-term vision requires a commitment to make decisions and investments that support its development. The Segale family has committed to this long-term vision and to building out the site's central infrastructure including temporary and permanent stormwater and erosion control, mitigation for environmental impacts, mass grading and relocation of the existing flood protection barrier dike as the initial phase. This investment will ensure the long-term plan is implemented. PRINCIPLE #2: CREATING A DESTINATION The Tukwila South project will become a regional destination. Tukwila South is a regionally visible site. The site is considered "close in" in real estate terms and is adjacent to one of the region's largest retail destinations. Many of the valley's residents and businesses move through or around the site daily. Its access and visibility from the valley and eastern edge neighborhoods make it a natural regional destination. The site's initial value is enhanced by its proximity to significant regional investments such as SeaTac Airport, the Southcenter retail district, and 1-405, 1-5, SR 167 and many other local arterials. The Master Plan will ensure these assets are leveraged. COLLUN SW©E RMAN PRINCIPLE #3: BUILDING VALUE Development decisions will be weighed by their ability to maximize the site's potential to create value. Tukwila South's full potential can only be reached through the implementation of a long-term strategic vision that uses each newly -developed parcel to lift the value of the remaining parcels. This vision and Master Plan will span many development cycles. Early developments will include low-cost surface parking lots and lower density commercial uses that will allow room for future infill development and redevelopment when structured parking makes economic sense. As the value of the land increases, redevelopment of surface parking lots and infill sites will follow to maximize future density. This can only occur because a significant share of the site is in single ownership. At just under 500 acres, Tukwila South could include regional employment, housing, and goods and services. Multi -use districts will allow many of these uses to work together by sharing infrastructure, parking, and access. These districts will enable the creation of a highly desirable, fine-grained pedestrian environment. When housing, jobs, and goods and services are located appropriately, a community is created. PRINCIPLE #4: MULTI -USE Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial and retail users. Residential is also being considered to bring additional vitality to the area. A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use: retail supports housing and jobs, housing supports retail and jobs, jobs support retail and housing. This diversity of uses will support the creation of destination districts, increase the project's overall value, and enhance the vitality of the city of Tukwila. The market value of office and hotel uses will be increased by having retail and restaurant uses nearby. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. Careful consideration of use adjacencies is essential to ensure efficient sharing of amenities, parking and infrastructure. Initial planning configurations must also keep future infill development opportunities in mind to ensure judicious use of each square foot of the project's land. PRINCIPLE #5: INCREASING DENSITY OVERTIME Tukwila South will be planned to accommodate increased density over time. As noted in the discussion of Principle #3, the surface parking lots dictated by today's market opportunities for employment, goods and services, and housing will provide the basis for each developing district, enabling its evolution over time into a denser environment. With each development, the district will become more desirable. This increase in value will allow infill development in the early -phase parking lots and redevelopment of lower density commercial uses. Early -phase uses must, therefore, be carefully chosen to complement each other and serve as engines for future development. It is essential to pick the right retailers, the right employment clusters, and the right mix of housing to create the synergy necessary to allow all of the uses to thrive. PRINCIPLE #6: QUALITY ENVIRONMENT Tukwila South will create a memorable and regionally identifiable place. Tukwila South will build on the Northwest tradition of quality outdoor environments by integrating its iconic outdoor spaces with high quality indoor spaces. Quality building materials combined with traditional Puget Sound building elements (canopies, lush landscaping, etc.) will create memorable and regionally identifiable environments that help attract world - class talent. Growth in the regional economy is expected to come in four major sectors: aerospace, life sciences, information technology, and trade and logistics. Due to its size and location, Tukwila South is perfectly situated to bring these new types of jobs to the city of Tukwila. C € MASTER ER L AN La COLLI NS WOERMAN Because these businesses need to attract the best and brightest, they demand a very high quality work environment. Tukwila South offers the opportunity to live and work in a single location, increasingly associated with a high quality of life. Beautifully designed public spaces will be required to connect jobs with goods and services, and goods and services and jobs with housing. The people who work at Tukwila South will want a development environment that is clean, safe, well organized, and convenient. More than that, like many who live and work in the Northwest, they value quality outdoor environments. Tukwila South's outdoor and indoor environments will be integrated wherever possible, and the project's amenities will provide a variety of on -site recreational opportunities and connections to the site's outdoor environments. The buildings and the spaces between the buildings will be designed to work together. Institutional - quality building materials and landscape design will support memorable buildings that become Tukwila South's image in the Puget Sound. Establishing clear boundaries and gateways for the project will help define Tukwila South in its environment. PRINCIPLE #7: CONNECTIONS Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and their uses. The Tukwila South Master Plan connects the project to its surroundings on many different levels: Extending Southcenter Parkway through the site to S 200th Street not only connects the property to regional infrastructure, but allows efficient circulation for the site's users and creates a new gateway to the Tukwila Urban Center. Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's new neighborhood goods and services and provides an access point with greater capacity and safety. — Selecting retailers compatible with Southcenter's existing tenants will allow Tukwila South to connect to Tukwila's reputation as a regional retail center. The five-minute connection to SeaTac Airport will draw airport tenants, travelers and businesses seeking international relationships to Tukwila South. A future non -auto -based transportation link will further enable the growth of airport -dependent users. Providing pedestrian connections throughout the project — from district to district, district to trails and amenities, and district to surrounding neighborhoods — will encourage non -auto -based trips and attract residents and employers. Strategically locating public parking will create a "park -once" environment that makes it easy for pedestrians to connect to site amenities, goods and services, jobs, and housing. PRINCIPLE #8: AMENITIES Tukwila South will create a comprehensive amenity system that leverages the site's assets. The Tukwila South project is perfectly positioned between two of the area's most striking natural amenities: the wooded hillside to the west, and the Green River to the east. Each of these offers almost unlimited recreational opportunities, as well as views of the river valley and Mt. Rainier. The appropriate mix of goods and services on the site will be viewed as an amenity to housing and office users that will allow Tukwila South to be highly competitive in the Puget Sound marketplace, and the pedestrian quality of the project's secondary road system will foster an activated streetscape that will make Tukwila South highly desirable. Finally, the Master Plan will ensure the site's access to nearby amenities such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy and convenient. COLLUN SW©E RMAN PRINCIPLE #9: IMPLEMENTATION STRATEGY Development must be strategically phased to successfully transition Tukwila South from an agricultural and industrial property to an urban destination. While many of the site's infrastructure and planning features will be designed and built in the initial phase, flexibility must be maintained throughout the vertical development of the districts and the secondary roadway and amenity systems. This flexibility is required to meet changing market conditions. The Infrastructure Development Phase is expected to take three years and is scheduled for the years 2010-2012. At the end of this phase, all of the site's spine infrastructure will be in place. Discussions with potential tenants and development partners have been ongoing concurrent with the planning and infrastructure development efforts. Completing the site's infrastructure all at once will create a sense of certainty about the development's future. The site's first new tenants will take occupancy soon after the completion of infrastructure development. PRINCIPLE #10: ENVIRONMENTAL STEWARDSHIP The Tukwila South project has a huge stake in protecting and enhancing the site's natural environment. The Segale family takes its role as stewards of Tukwila South's environment seriously not only because it is the right thing to do, but because sustainable projects have greater market acceptance. Environmental enhancements include: Protection and enhancement of pasture wetland and improvement of ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby"flood-flow refuge"fish habitat within the Green River channel. Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat -limiting for fish and a variety of wildlife. Provisions for the re-creation of valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. Enhancement of Johnson Creek into a fish -friendly tributary connected to the Green River. — Creation of back -water fish habitat in the Green River. Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin. Sustainable planning concepts will include: Integrated transit environments — "Park -once" site organization and pedestrian environments Shared parking concepts Redevelopment of surface parking lots Creating internal natural environments with visual connections to natural amenities cTMASTER, P, COLLI NS WOERMAN = General Provisions = Completed Actions = Remaining Tasks T°uaSouth Project Tp Attachment C Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 1 3. Allowable Development DA 2 3.1 Maximum allowable development DA Max development (any mix of buildings & permitted uses) that generates up to 10,166 Net New Trips from onsite development and is limited to 10.3 M sf of new building floor area. These are not action items; they are standards that must be applied 3 3.2 Site clearing, grading & coverage DA Subject to limitations in 3.5 (Floodplain development review), 1) up to 100% of Development Area, outside of sensitive area or shoreline buffers, may be cleared and graded, and 2) in the Dev Area, up to 85% of developable area served by each stormwater facility may be covered with impervious surfaces. These are not action items; they are standards that must be applied 4 3.3 Limits on certain uses 5 3.3.a DA Movie theaters with 3 or fewer screens are permitted, >3 screens treated as special permission uses (TMC 18.41.060). These are not action items; they are standards that must be applied 6 3.3.b DA Regional malls shall be a prohibited use. These are not action items; they are standards that must be applied 7 3.3.c DA No warehouse uses will be allowed in TSP beyond what is in existence at the time of execution of DA, and redevelopment of existing warehouses to warehouse use will not be permitted. These are not action items; they are standards that must be applied 8 3.4 Expansion Areas DA There are 7 parcels within the project boundaries that arc not currently owned by Segale. TS Overlay District regulations apply if they are acquired and developed by Segale during the term of the DA. These are not action items; they are standards that must be applied 9 The Arnold parcel (owned by Segale) was not included in the EIS and additional environmental review may be necessary when Segale develops this parcel; ISO does apply to Arnold Parcel. These are not action items; they are standards that must be applied Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 10 Segale shall provide 1) written notice to city, 2) evidence of its ownership or control of the Expansion Area, and 3) evidence no additional environmental analysis is required beyond that covered in the TS EIS for the development proposed. If Segale desires to develop an Expansion Area under the DA These are not action items; they are standards that must be applied 11 3.5 Floodplain Development Review DA Development within the 100-yr floodplain, shall be subject: 1) to review by city and/or agencies with jurisdiction for a "take" of any endangered secies in violation of federal law, and 2) to all laws and regulations governing development that are in effect at the time of a complete development application. They are required to obtain a floodplain permit from the City if they are within the 100-year flooplain. 12 4.1 Annexation by 12/31/2009 Completed. Passed 12.9.09, effective 12.22.09 13 4.2 Levee Modification & 404 permit approval DA Levee Modification and Corps' "404" Permit must be issued, appeal period passed, and no appeals filed, or DA terminates and all obligations extinguished. 06/30/2010. Outside approval date may be extended by mutual agreement. N/A. Amended 14 amended 5.10 - 1st amendment Levee Modification and Corps' "404" Permit must be issued, appeal period passed, and no appeals filed, or DA may terminate by 09/30/2011 Permit issued 4.6.11 15 amended 5.10 1st amendment For DA to terminate, Segale submits Termination notice. Except Segale still required to: 1) dedicate property for SCP; 2) pay fees assoc with power & utility systems in connection with SCP; 3) provide no -cost permanent easements to the storm ponds. Outside approval date may be extended by mutual agreement of the parties. By Oct 15, 2011, If above permits not issued by 9.30.11 N/A. Permits issued. 16 amended 5.10 - 1st amendment Parties will place in escrow all documents, payments and other undertakings required to be delivered Prior to the Outside approval date Completed 17 DA The city shall incur no costs for maintenance of the new levee. Clearing and Grading Permit will be denied if Segale fails to secure maintenance for the levee prior to Permit issuance. Prior to issuance of Clearing & Grading Permit N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 18 amended 5.10 - 1st amendment Segale shall secure maintenance for the levee. The city shall incur no costs for maintenance. Prior to certification of the Levee Modification. The Tukwila South Levee is now in the federal PL84-99 program. King County has secured an easement on the levee. 19 20 4.3.1 Project Design DA City completes final design of SCP. May use up to $300k of grant funds; beyond that City pays. Completed 21 Letter btw S.Kerslake & J. McCullough , 10.6.09 City can increase the amount of grant funding used for remaining design to $378,680 Completed. 22 4.3.2 Land Dedication DA Segale dedicates land for SCP, as depicted in Exhibit 7 of amended DA Completed. 01/11/2010 23 DA Segale delivers signed but undated statuatory warranty deed to escrow and a signed and dated ROW easement for SCP land in Escrow 5 days after annexation (January 5, 2010) N/A. Amended 24 amended 5.10 - 1st amendment Revised: Segale delivers a signed and dated ROW easement for SCP land in Escrow 5 days after annexation (January 5, 2010) Completed 25 Revised: Segale delivers signed but undated statuatory warranty deed to escrow by May 28, 2010 Completed 26 new: City prepares legal description for the SCP ROW & gives to Segale by May 24, 2010 Completed 27 new: City records ROW easement and retain undated deed in escrow Until the city vacates Frager Rd/SCP (See 4.10) Completed 28 City causes deed to be recorded when properties are transferred. simultaneously with transfer of properties (4.10) Completed 29 amended 5.10 - 1st amendment new: Escrow holds deed until CC accepts contract completion of SCP project. Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 30 4.3.3 Planning & Design Work DA Segale has provided: geotech reports, survey, as-builts of utilities, legal desc of ROW, plans & design for o wetland & stream mitigation, 30% design work, temporary stormwater detention & treatment plans for SCP & S 200th (see 4.3.5 & 5.4) Completed 31 4.3.4 Highline/PSE/SCP costs DA Segale obtains power & gas service from Highline & PSE Completed 32 DA City causes Highline & PSE to relocate facilities pursuant to franchise agreements Completed 33 4.3.5 SCP drainage DA Segale provides at no cost to City, sufficient capacity for all drainage from the SCP within the regional storm drainage facilities (see 5.4) to be constructed by Segale as part of the permanent stormwater drainage facilities for the TSP. Completed. This is considered a "Discharge Point" for MS4 permit. Map should be provided for all DiPs within the project area. 34 DA Segale gives easements granting city the right to discharge stormwater from SCP & S 200th to regional stormwater facilities. Completed. 35 4.3.5.1 South Facility DA Segale gives City permanent, no cost easement and stormwater facilities in the South Facility Prior to City issuance of 1st construction permit for a new building N/A. Amended 36 amended 5.10 - 1st amendment Segale provides to City permanent no cost easement and stormwater facilities in the S Facility Prior to the issuance of the first construction permit for a new building development in the TSP outside of the existing Segale Business Park Completed 37 DA Segale ensures the South Facility (Stormwater) is ready for use prior to completion of SCP N/A. Amended 38 amended 5.10 - 1st amendment Revises date facility is ready for use No later than the end of the construction season in the year following the calendar year in which the 404 permit is issued. Facility is completed. However, temporary treatment process is in place. DOE is monitoring until permanent stormwater pond is approved. This task will continue after DA expires. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 39 amended 5.10 - 1st amendment new: Segale gives City no -cost permanent easements to the storm ponds (see 4.8.4) pursuant to Clearing & Grading Permit and the Shoreline Substantial Dev permit (4.9). IF DA terminates as in 4.2 Completed 40 Ponds become permanent stormwater facilities to serve SCP. IF DA terminates as in 4.2, and Segale gives City no -cost permanent easements to storm ponds Completed 41 4.3.5.2 North Facility DA North Facility (Stormwater) should be completed prior to the date when the capacity of South Facility is reached Completed 42 4.3.5.3 WSDOT/FHWA Approval DA City amends and seeks WSDOT approval for SCP stormwater Plan Immediately upon execution Completed. Approved 2.4.10 of DA 43 4.3.6 SCP Bidding/Const DA City is responsible for bidding & construction of SCP Upon issuance of NWP Sectic Completed 44 4.3.7 SCP financing DA City shall use $18,530,345 in grant $$ & limited tax GO debt or other mechanisms up to $8.250M towards construction. Completed 45 4.3.8 Closure of SCP & Frager Rd DA City closes SCP & Frager during construction phase of SCP, except for local traffic Completed 46 DA City permanently closes & removes portion of Frager Rd & existing stormwater pond near S200th Upon issuance of grading permit to Segale for the purposes of constructing the Green River Off -channel Habitat Area (GROCHA). Completed 47 DA Segale provides temporary stormwater detention from S200th in place of the removed stormwater pond until South Facility is compeleted & operational Before starting construction of GROCHA Completed 48 4.4 Sanitary Sewer System upgrade Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 49 DA City begins planning, financing, and construction for additional capacity in sewer lift station #2 and force sewer main in APW Action required when Sanitary Sewer Lift Station #2, the force sewer main in APW from Minkler to Strander, or other facility is at 80% capacity This should take place in response to development which has yet to occur. City adopted new sewer connection charges Ordinance 2441 in 2014. Still need to pursue no - protest agreement with Clarion, Continental Mills. 50 DA Segale executes a no -protest agreement. Segale is responsible for paying connection charges and feet at the time of each building permit application. If a Utility LID is formed This should take place in response to development which has yet to occur. City adopted new sewer connection charges ordinance 2441 in 2014. Still need to pursue no- protest agreement. 51 DA Segale or parcel builders pays sewer connection charges based on total project cost. Each sewer connection charge paid for the initial SCP sewer line shall be credited to Segale as O&M Revenue As development occurs This should take place in response to development which has yet to occur. City adopted new sewer connection charges ordinance 2441 in 2014. Still need to pursue no- protest agreement. 52 Amended 6.14 - 3rd Amendment Section 2 The parties agree that although sewer connection charges may still apply to the TSP, as a result of the elimination of the O&M guarantee, the provisions of 4.4 concerning credit toward O&M Revenue for sewer charges are no longer applicable. Completed 53 4.5 Parks & Open Space 54 4.5.1 Ped/Bike Trail DA 1. Segale deliver bike/pedestrian trail easement along Green River into Escrow (S180th-204th). When new levee is constructed, easements will be revised to follow crown of new levee configuration. Width of easement should be minimum of 14' or greater as required under 30 days after annexation (January 29, 2010) Trail (access) and levee easements recorded 6/16/15, per Recording # 20150616000300. Trail masterplan completed with trail width varying as river and business development allows. Currently slated for grant application in'26 City's SMP. 55 DA City doesn't let public use easement until the later of 1) 3 yrs after conveyance of easement; or 2) completion of initial site grading and the GROCHA, but not later than 4 yrs after conveyance of easement Public cannot use trails until Segale actions take place (conveyance of easement and/or completion of GROCHA.) Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 56 DA Segale waives credit for donation of easement against any future park impact fee assessed against the project and waives all claims for just compensation. Completed. 57 DA 2. Segale completes trail and bike/ped connection plan within TSP and submit to Parks & Rec Director. Identify possible locations for eight 14' wide ped corridors and connections from the bike/ped trail described above (1) thru the TSP, to off -site ped trails and city ROW. By 12/31/2011 N/A. Amended 58 Letter b/w Segale & D.Cline 12.23.11 Segale completes trail and bike/ped connections plan within TSP and submit to Parks & Rec Director. Deadline repeatedly extended since development has not yet occurred. By 12.31.13 Bike/ped connections still need to be provided. Letters extending the deadlines have expired. 59 4.5.2 Green River Ped Bridge 60 4.5.2 DA Segale pays City $500,000 toward bike/ped bridge over Green River to Briscoe Park; Within 5 years after June 10, 2009 (By June 10, 2014) NA. Amended 61 DA Segale provide Letter of Credit if City for $500k within 30 days of City notifying Segale that city will make application for grant for construction of NA. Amended 62 DA If City is unable to secure adequate funding for bridge, Segale pays City $500k or City draws upon credit letter Within 30 days after June 10, 2014 NA. Amended 63 DA City may use $500k for general park facilities with the TS area If city is unable to secure adequate funding for bridge NA. Amended 64 DA Segale grants easement for ped bridge Prior to start of bridge construction project If City has obtained funding for bridge, Segale grants easement within 30 days of City's request. NA. Amended 65 Amended 6.14 - 3rd Amendment - Section 2 Segale is relieved of bridge funding obligations and Section 4.5.2 is deleted in entirety NA. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 66 4.5.3 Donation of Levee Easements DA Segale deliver levee easements along Green River into Escrow 30 days after annexation (January 29, 2010) Completed. Trail (access) and levee easements recorded 6/16/15, per Recording # 20150616000300. 67 4.6 Fire Service (see also Fire Facilities Agreement below) 68 4.6.1 Impact Fee DA Segale agrees to voluntarily pay fire service mitigation fee of $.50 per sf for commercial/indus development and $500/dwelling unit. If fire impact fees adopted, they will replace voluntary amount and are assessed at the time of building permit issuance. In any case, Segale will not be assessed an impact fee for new development which replaces existing building sf currently served by Tukwila Fire. If City adopts a fire impact fee Completed. 69 4.6.2 Donation of Land DA City and Segale mutually agree on location of 3 acres for new fire station land donation and Segale deliver deed into Escrow Prior to Council adoption of Ordinance vacating Frager Road; within 30 days of completion of new SCP N/A. Amended 70 1st Addendum to DA 11.20.12 (Section 4.6.2.a) a. Segale delivers deed for agreed upon Fire Station land to escrow before Nov 21, 2012 DA has not yet been terminated. 71 Recording of Fire Station deed CC approves ordinance vacating a portion of exisitng S178th St (see 2.a for description of area). N/A. Amended 72 Vacation ordinance becomes effective, and Segale grants a public access easement back to the City N/A. Amended 73 City initiates vacation of S 178th and arranges for relocation of utilitlies in the ROW, at the purveyors cost. after CC aproves 178th St vacation ordinance. N/A. Amended 74 Segale grants any easements necessary to relocate any utilities to the realigned S 178th st N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 75 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2 entirely) Section 2. Deed for Fire Station Land previously provided by Segale to City is replaced with Exh. A-1, which shows City ownership of slope adjoining fire station land. Completed 76 The two separate legal lots comprising Fire Station Land will continue to be part of the Tuk S Plat, File # L12-027 and will be platted as set forth in that plat. If 178th not vacated, or if vacated then rededicated back to City pursuant to terms of agreement Completed 77 Segale conveys Fire Station Land to city ASAP following the recording of a boundary line adjustment making the Fire Station 2 separate legal lots. Completed 78 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.a entirely) a. CC vacates a portion of existing S 178th St. Segale grants public easement back to City in form of Exh. B. Effective date of vacation ordinance shall be 5 days after passage & publication of ordinance Completed 79 City is responsible for initiating vacation & arranging for relocation of utilitlies in ROW. Segale grants easements for utilities to be relocated to realigned S 178th St. After CC approves 178th st vacation ordinance Completed 80 Easements for utility relocation terminate Upon dedication of the realigned S 178th St to City pursuant to addendum. Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 81 1st Addendum to DA 11.20.12 (Section 4.6.2.a) b. Segale pays for GeoEngineers to prepare a geotechnical report analyzing slope stability and soils suitabililty on fire station land. Analysis completed and delivered to city within 90 days of entry of the addendum - 2.20.12 Completed. March 2012 82 City pays for peer review of geotech report Completed by Shannon & Wilson 2012 83 1st Addendum to DA 11.20.12 (Section 4.6.2.c) c. Fire station land conveyed to city in a condition meeting criteria of 4.6.2 of DA N/A. Amended 84 Segale must undertake slope stabilization measures recommended in the Geotech Report N/A. Amended 85 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.c entirely) c. Segale shall conduct grading work (in sect. 2(o)) and shall complete any other necessary work to ensure Fire Station Land meets criteria in Sect 4.6.2 Within 5 yrs of Addendum date (By 2.27.18). Time period may be extended to account for delay by a purveyor's refusal to relocate utilities or City taking legal action against a utility purveyor Completed 86 1st Addendum to DA 11.20.12 (Section 4.6.2.d) d. Segale makes improvements to alternative fire station land and dedicates B-line easement area to City as ROW. City not required to vacate S 178th, or if has, Segale required to dedicate back to city. If Segale decides to replace the deed for Fire Station with 3 acres of other property rather than implement recommended slope stability measures in Geotech report. N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 87 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.d entirely) d. City shall convey Fire Station Land back to Segale at no cost. Segale makes improvements to alternative fire station land and consistent with 4.6.2 and dedicates B- line easement area to City as ROW. City not required to vacate S 178th, or if has, Segale required to dedicate back to city. If Segale decides to replace the deed for Fire Station with 3 acres of other property rather than implement recommended slope stability measures in Geotech report. N/A 88 1st Addendum to DA 11.20.12 (Section 4.6.2.e) e. Segale grants city a public access easement over B- Line easement area. By Nov 20, 2012 N/A. Amended 89 Segale dedicates B-Line easement area to city as ROW within 5 days of approval date of CC S 178th vacation ordinance. However, if approval date is not before Mar 31, 2013 Segale has no obligation to dedicate B-Line easement to City. However, public easement over B-line shall remain effective. N/A. Amended 90 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.e entirely) e. amends date. Segale grants city a public access easement over B-Line easement area. By April 30, 2013 Completed. now# DASecdon Amended ConditionsTo8eComp|e�dB�Oron� Trigger Status 91 |st AJdouduno toD/\ \|20.|2 (Section 462.O [ City can open 8CP Nov 2|.20|2.provided SCP vacation ordinance ia approved by CC Completed 92 |ot AJdouduno NDA \|20.|2 (Section 462.g) g. RE: 8EP&mvicvv no additional required for S 170tb ot Completed 93 |st AJdouduno ND/\ 1120.12 (Section 462.b) h.Soguleopens 8ogulePark Dr. CNpublic and reconstructs it tocity standards within 3years uf[OS Jcc)ioo. When realigned 8|78UzSt causes L0Su1Sl8Odhot6L SCP intersection orrealigned Sl80dhSt8cSCP intersection Nfall below LOSE On-going.Need \nmonitor and develop intersection baseline numbers. Addendum onrpivcm 6 yrxafter D,ktermination (2030). 94 ScAa|oPark DrCgets reconstructed Wcity standards and grants city upuh|in access easement ScAa|oredevelops all of SeQu|eBusiness Park prior N Jcunuoo iuLO8, Du'going.Need totrack. /kddxodunn survives 6 ym oKor |0/ktermination (2030) 95 |ot AJJcoJuno toD/\ 1120.12 (Section 462. i) iScga|cshall construct u&dedicate Ncity u2'|uuc arterial realigned 8 178dh otconsistent with Goldsmith Plans Construction hyNov 2O. 2015. Dedication within 6U Juyo after construction completed. Dates may be extended i[utility purveyor refuses torelocate utilities, ori[the city iotaking legal action against uutility purveyor uocompel relocation. Completed. 96 Scga|odedicates existing l78Uzback N City iuoriginal condition u1time ofaddendum signed |froadway construction not completed hyNov 2O,2O|5 orconveyed tocity within 6O days ofcompletion. Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 97 PW reviews & approves eng/design. May require minor technical revisions, provided bike lanes are not required. Completed. 98 Requirements for sidewalks on both sides of street shall be waived if a sidewalk at least 9' wide is provided on one side of road. Completed. 99 Segale pays city for full time inspector to monitor compliance during construction of 178th. Completed. 100 Segale agrees to a "building restriction" within 12' of edge of realigned 178th ROW. This should be implemented as part of Development Review, as part of the development process. 101 1st Addendum to DA 11.20.12 (Section 4,6.2.j) j. City grants Segale a ROW use permit to cross & temporarily close certain city streets in order to implement the haul plan approved in grading permit PW 10-64. This should be implemented as part of Development Review, as part of the development process. 102 lst Addendum to DA 11.20.12 (Section 4.6.2.k) k. City & Segale agree that relocation of 178th is not subject to impact fees or impact fee credits 103 1st Addendum to DA 11.20.12 (Section 4.6.2.1) 1. City shall take any actions necessary in order to require the relocation of utilities in the existing 178th St ROW at the purveyor's expense Completed 104 City shall provide notice to Segale Prior to City filing a petition requiring relocation of utilities with purveyors or upon being served with a complaint related to vacation or realignment of I 78th. This will be completed upon acceptance of public ROW for 178th. Some utilities were relocated, some were granted easements to remain in place, now# DASecdon Amended ConditionsTo8eComp|e�dB�Oron� Trigger Status 105 City and 8og^le ugoc iuwriting onmore specific terms o:: the provisions ofthis subsection i. VVithio2O days of City tiling upetition requiring relocation o{utilities with purveyors mupon being served with ucomplaint related |ovacation or realignment o/l70/b. City has not yet filed upetition n, been served with ucomplaint. 106 Scgx|oshall reimburse City for all costs associated with bringing claims ordefending claims related tnl7Oft City has not yet filed upetition n, been served with ucomplaint. 107 |ot AJdouduno toD/\ 11.20.12 (Sect 462m) in. Segale has no obligation to construct realigned 178th orconvey ROW, but Scgo|eshall make improvements to &hrcuutivoFiro Station Land as are necessary to make condition ofland consistent with 4.62ofD&,and shall dedicate 8')iuoeasement /oCity If Segale conveys Alternative Fire Station Land tucity io order to enable the City to settle uclaim oravoid litigation. N/A. Amended 108 City has uoobligation toproceed with \78dhST vucu1iuo, or gets bdedicated back N city. U[Scgaleconveys Alternative Fire Station Land to city in order to enable the City to settle ucluim or avoid litigation. Completed. No issues 109 Scga|oiorelieved o[any financial obligations iu Subsection [ ifcity decides tu proceed with vacation, provided 8oQu)creimburses city for all costs incurred prior toconveyance ofAlt Fire Station Land. The existing 170tb St remains in its current condition until all utility relocation iscompleted. |[Scga|oconveys Alternative Fire Station Land to city in order /uenable the City to settle uclaim oravoid litigation. N/&.Amended 2uJ Addendum N D& 227.13 (replaces lm addendum Section 462nn in. The City shall convey the Fire Station Land back W SeQu|eu1nocost tuSegJe.|fso, Seg^|ushall make improvements to the Alt Fire Station Land to itauonsiateutwith 462. U[Scgaleconveys Alternative Fire Station Land Ncity io order to enable the City to settle uclaim oravoid litigation. Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 111 City has no obligation to proceed with 178th ST vacation, or gets it dedicated back to city. If Segale conveys Alternative Fire Station Land to city in order to enable the City to settle a claim or avoid litigation. Completed. No issues 112 1st Addendum to DA 11.20.12 (Sect 4.6.2.n) n. Fire Station deed is returned to Segale and replaced with deed for Alt Fire Station Land. Alt Fire Station Land is conveyed to City as -is, where is consition. Segale has no obligation to construct 178th or convey ROW to city. If Council doesn't approve 178th St vacation before March 31, 2013 N/A. Amended 113 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.n entirely) n. Fire Station deed is returned to Segale and replaced with deed for Alt Fire Station Land. Alt Fire Station Land is conveyed to City as -is, where -is condition. Segale has no obligation to construct 178th or convey ROW to city. IF CC doesn't approve 178th vacation before April 30, 2013 Completed 114 2nd Addendum to DA 2.27.13 (new section 4.6.2.o) o. City shall grant Segale easements for utilities consistent with those in Fire Station Deed. Within 30 days of effective date of S 178 vacation Completed 115 Conveyance of Fire Station Land from City to Segale includes reservation of an easement in favor of Segale to perform grading work as set forth in Plan Revision #8 in grading permit. Completed 116 Segale gets right, title & interest in and to earthen material excavated from hillside. During grading work Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 117 2nd Addendum to DA 2.27.13 (new section 4.6.2.p) City shall grant Segale easements for utilities and performance of grading work over the vacated S 178th St, consistent with easements in Fire Station Deed Within 30 days of effective date of S 178 vacation Completed 118 Addendum survives for additional period of 6 years. Termination of DA DA has not yet been terminated. 119 4.7 Impact Fees DA City can assess impact fees at the time building permits are issued On -going . Note that impact fees were not frozen at the time of DA execution. 120 4.8 City Revenues & Costs: Segale Financial Guarantees 121 4.8.1 Operations and Maintenance Services DA City tracks revenues generated from TSP, including sales tax, real estate excise tax, utility tax, franchise fees, business license revenue, commercial parking tax, hotel/motel tax, admission tax NA - Amended by 3rd Amendment 122 DA City tracks expenditures related to providing operations and maintenance of public services to new development within the project and pre -construction expenses related to project, including police, fire, public works & parks service allocable to Tuk S, the pro-rata capital costs for such services (not covered by impact fees), and the pro- rata O&M expenses related to Southcenter Pkwy project once completed. NA - Amended by 3rd Amendment 123 DA City provide Segale Annual Statement accounting for O&M Revenue and O&M Expenses; Segale pays difference within 30 days of receipt of Annual Statement if expenses exceed revenues. If Segale requests an audit of Annual Statement, must pay amount due within 30 days, and if audit shows errors, city refunds Segale or Segale pays city within 30 days of accountant's decision March 31, 2010 and each March 31 thereafter NA - Amended by 3rd Amendment 124 DA Segale's total obligation under 4.8.1 is $12M NA - Amended by 3rd Amendment Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 125 Amended 6.14 - 3rd Amendment to DA. Section 4.81 Deleted. Segale shall be relieved of the O&M guarantee obligation set forth in 4.8.1. Section 4.8.1 is deleted in entirety Completed 126 4.8.2 DA City shall track the increased property tax revenues from the Tuk S properties. If annual statement shows that the increased property tax revenue in that year is less than the annual debt service for the GO bonds in that year, then Segale shall pay to the city within 30 days of receipt of the annual statement a sum equal to the debt service shortfall. However, the City shall be responsible for for debt service on the first $6M of bonds, and Segale's yearly obligation shall not in any year exceed a sum equal to the difference between the total annual debt service on the GO bonds in that year minus the debt service on $6M of those bonds in that year. NA. The City bonds do not exceed $6M. 127 4.8.3 Project Revenue/City Exp - Protocols DA Accounting Protocols for tracking project revenue and city expenditures April 30, 2010 NA. Amended 128 DA City & Segale will meet re: development of protocols for tracking Project revenues & City expenditures Within 30 days of execution of DA NA. Amended 129 DA Parties shall retain services of a mutually agreed upon public accountant with expertise in municipal accounting Within 30 days of above meeting NA. Amended 130 DA Develop protocols in a MOU, signed by both parties. Each party shares equally the cost of accountant services. If MOU not executed, DA terminates Within 180 days of retaining accountant N/A. Amended 131 DA Develop protocols in a MOU, signed by both parties. If MOU not executed, DA terminates Effective deadline extended to Oct 31, 2012 N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 132 2nd amendment to DA - 11.20.1.2 Develop protocols in a MOU, signed by both parties. If MOU not executed, DA terminates Effective deadline extended to Oct 31, 2013 N/A. Amended 133 DA Develop protocols in a MOU, signed by both parties. If MOU not executed, DA terminates Effective deadline extended tc NA. Amended 134 2nd amendment to DA - 11.20.12 Parties shall meet to begin discussions on acct protocols. Shall meet no less than once quarterly to continue discussions until MOU on acct protocols is completed. Begin discussions no later than Jan 31, 2013 NA. Amended 135 DA City provides Segale an Annual Statement showing O&M Revenue, O&M Expenses, O&M Guarantee, the Increased Property Tax Revenues, the annual debt service for the GO Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which Segale guaranteed under the DA, consistent with the protocols in the MOU. Segale can request an audit from the Accountant of disputed matters, and Acct has 30 days to review & render decision. On or before March 31, 2010, and every March 31 thereafter NA. Amended 136 Amended 6.14 - 3rd Amendment to DA. Section 4.83 Deleted. Section 4.8.3 is deleted in entirety Completed 137 4.8.4 Security for Segale's Financial Guarantees 138 4.8.4.1.2 Letter of Credit DA O&M Letter of Credit for $6M; Segale deliver to Escrow 10 days prior to Council action on annexation NA. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 139 Amended 6.14 - 3rd Amendment to DA. Section 4.8.4.1 Deleted. Section 4.8.4.1 is deleted in entirety Completed 140 4.8.4.1.3 Deed of Trust DA O&M Deed of Trust ($6M value); Segale deliver to City; City deliver to Escrow 10 days prior to Council action on annexation NA. Amended 141 Amended 6.14 - 3rd Amendment to DA. Section 4.8.4.1 Deleted. Section 4.8.4.1 is deleted in entirety Completed 142 4.8.4.2 SCP GO bonds guarantee DA SCPW (Southcenter Parkway) initial Letter of Credit for $185,000 for debt service on $2.25M in GO bonds; Segale deliver to Escrow. Prior to Council award of construction contract (scheduled for April 19). LC amount determined annually on Jan 1. Completed. Letters to Bank of New York Mellon 5/14/11 143 4.8.4.3 Other secured obligations DA Highline Work Letter of Credit ($TBD), PSE Work Letter of Credit ($TBD) for Southcenter Parkway work, and $500k for ped bridge; Segale deliver to Escrow Prior to Council award of construction contract (scheduled for April 19). Ped bridge letter due no later than 30 days after the date the City makes an application for a grant for any cost of constructing bridge. Completed. Letters to Bank of New York Mellon 5/14/11 144 4.8.4.6 Escrow & Escrow agent DA Escrow agent chosen October 10, 2009 Completed. 09/30/2009 in letter between Kenyon Disend & Jack McCullough 145 DA Written escrow agreement between escrow agent, Segale & City within 120 days of execution of DA Completed 9/30/09 Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 146 4.9 Grading Permit Review DA City will complete review and issue a determination re: clearing & grading permit within 30 days of determination of completeness for areas outside shoreline jurisdiction Completed 147 DA City will promptly review Shoreline Substantial Dev Permit & forward decision to DOE, issue a decision. after DOE's review period. Completed 148 4.10 S.178th St Project DA City administration recommends to City Council that S 178th st realignment is added to City's CIP Completed. Shown as developer funded through 2013.. 149 DA Copy of S 178th st - amendment to the DA Completed. Ordinance 2240 150 4.11 Vacation of Frager/SCP DA Segale dedicate SCP ROW; City vacates portions of old SCP and Frager Road, as well as City Triangular Parcel (NW corner of S 180th and SCP) and coveys vacated property to Segale Within 30 days of completion of new SCP Completed 151 2nd DA amendment 11.20.12 The "access area" on exhibit B, which is a portion of Frager Rd/SCP, shall not be vacated by City. Completed 152 2nd DA amendment 11.20.12 The city shall vacate the access area at no cost to Segale. If Segale acquires the GWI parcel and M&P parcel Completed 153 4.12 Transfer of City Detention Pond DA City vacate and convey City Detention Pond to Segale 01/30/2010 (within 30 days completion of the annexation) Completed 154 5. Development under this agreement 155 5.1 Native growth protection areas (NGPAs) DA No development can occur in NGPA except trails, Orillia Rd connector & utilities, water & sewer lines, access roads for levy maintenance. Segale needs to identify monuments as part of preliminary plat. 156 DA Clearing limitations shall be those identified in the existing TMC Complete Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 157 DA NGPAs shall be left in permanently undisturbed vegetated state and shall not be cleared or improved except as necessary to: 1) prune or remove dead or diseased trees, and vegetation reasonable adjacent to developed areas of TSP; 2) remove invasive or exotic vegetation; 3) prune or remove trees or veg presenting a threat to life or saafety or growing over roadways, levees, ddrainage ditches, trails, or other corridors that must be clear; 4) maintain mitigation areas; or 5) permit the work described in this section. When SAMP is implemented and mitigation areas are enhanced, restored or created On -going, needs to be monitored 158 5.2 vesting of development regs DA Development in DA is vested to the following: Comp Plan (2008), Tukwila zoning Ordinance, Tukwila subdivision ordinance, SMP designations & pre- designations, transportation concurrency regs; stormwater,surface water treatment & quality, surface water retention and detention design standards & ordinances (Intl NPDES permit 2007), SEPA regs & substantive SEPA policies. Vesting shall apply for 15 years from effective date of the annexation (12.22.24) On -going, needs to be monitored 159 DA Development shall not be subject to any amendments to, or replacements of, the dev regs listed above. Segale will comply with the SMP and floodplain regs in effect on date of each complete development permit application . On -going, needs to be monitored 160 5.2.1, .2&.4 Police power, intern'1 codes, FEMA DA Segale must comply with state or federal laws or regs. Proposed development shall not be vested against the application of dev standards that are imposed by virtue of state or federal pre-emption of the City's regulatory authority. Shall not be vested against new dev regs that are required by a serious threat to public health & safety. IBC in effect at time of filing of a complete application for building permit shall apply to all new development and the redevelopment or modification of existing development. On -going, needs to be monitored 161 5.2.3 scope of vesting DA vesting described above shall apply for 15 years from effective date of the annexation (2024) On -going, needs to be monitored Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 162 For those development standards not specifically mentioned identified in this section or 5.2.1, the land use process approvals governed by City codes & standards in effect upon the date of complete application shall apply. On -going, needs to be monitored 163 5.2.5 optional regs DA Segale may develop the property or portions of the property in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of the DA, without the obligation to bring other portions of the property into conformance with newly -adopted code or regs. On -going, needs to be monitored. "Opting forward" into current codes should be done on a full parcel basis. 164 5.3Transportation 165 5.3.2 DA Concurrency approval. New development is limited to net new pm peak trips of 10,166. Methodology for determining trip generation is set forth in Transp Impact Study in Tuk S E1S.Transp impact fees shall apply only to the Net New Trips allocated to proposed new development. On -going, in response to permits 166 DA Segale pays transportation impact fees appliable at the time of building permit issuance. These are not action items; they are standards that must be applied 167 DA Segale produces a trip generation study for each development project On -going, in response to permits 168 5.3.2.a DA Segale construct Orillia Road Connector (4-lane arterial) Within 6 years of generation of 7500 Net New Trips Has not yet met trip threshold 169 5.3.2ab DA Segale: 1) reduces or defers amount of proposed development; 2) implements TDM strategies; and/or 3) constnicts other system improvements. As an alternative if Segale wants to develop and if Orillia Rd connection cannot be constructed within time frame for reasons outside the control of Segale Has not yet happened. 170 5.4 Stonnwater 171 5.4.1 Description of surface water control facilities DA Surface water controls shall include: 5.4.1.1 parcel storm drains; 5.4.1.2 Trunk storm drain, 5.4.1.3 Water quality treatment & detention Trunk storm drain completed. PW will monitor development for other 2 facilities on a permit by permit basis. PW will establish a baseline. 172 5.4.2 Stormwater standards Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 173 5.4.2,1 vested design standards for surface water control facilities DA City of Tukwila Development Guidelines and Design and Construction Standards (2nd ed., Revision 1, 2005) and the 1998 KCO SWDM provide approved methods, except for South Facility where conservation flow control is required under the 2005 KCO SWDM, and except for those modifications listed in Table 1 (Stormwater Standards), Where not specified, design standards of 1998 KCO SWDM apply. Stormwater standards supersede any other applicable TMC, SWDM, and basin/water quality plan requirements during the Term of the DA. Stormwater standards include the Code Modifications in Table 1, These are not action items; they are standards that must be applied 174 Some adjustments in the natural location of discharge will be permitted as a result of changes in development area drainage collection, detention, treatment, and outfall locations. Other adjustments may be requested during the site plan review process and evaluated in accordance with criteria in TMC 18.41D.090. These are not action items; they are standards that must be applied Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 175 5.4.2.2 grading ordinance design standard modifications DA Exceptions from grading ordinance 2062: a, significant tree survey and tree replacement plan not required b. slope stability & slope grading limitations shall be evaluated within site development areas based on geotech oval and applicable codes c, vegetative restoration plan is not required except for the wetland mitigation portions of NGPAs d. project notification & permanent NGPA signs required e. points of discharge not limited to nearest practicable drainageway - must be defined in Master STormwater Infra Plan f. proposed modifications to SWM governed by TMC 18.41D.090 g. any construction activities shall be allowed provided they meet with stormwater quality requirements in NPDES permit. These are not action items; they are standards that must be applied 176 542.3 Impervious area limitations DA In the "development area" up to 85% of area served by each stormwater facility may be impervious, unless approved by city during design phase. Expansion areas (3.4 of DA) are included impervious area calculations, sizing of surface water control facilities may be adjusted to reflect actual land use impervious areas in final design as indicated in the MSIP. These are not action items; they are standards that must be applied 177 5.4.2.4 TESCP & NPDES requirements for construction DA Will use BMPs developed to comply with Core Requirement #5 and Appx D of the SWDM, and DOE requirements as identified in the NPDES permit. TESCPs will be implemented in project grading permits. Segale shall comply with project inspection requirements re: surface water TESC plans in the NPDES permit. These are not action items; they are standards that must be applied 178 5.4.2.3 impervious area limitations DA 85% of surfaces may be covered. See Master Stormwater Infrastructure Manual These are not action items; they are standards that must be applied 179 5.4.3 stormwater infra development DA Segale implements stormwater mitigation conditions (See DA) Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 180 5.4.3.1 Segale obligations DA 1.Segale installs temporary stormwater treatment system. Prior to completion, all stormwater from construction or cleared areas shall be retained on site. During 1st construction season Completed 181 DA 2. Segale installs long term construction stormwater polymer treatment system that is operational prior to start of any discharges from site N/A. Amended 182 1st amendment 5.10 - 1st amendment 2. Segale installs long term construction stormwater polymer treatment system that is operational S Facility to be constructed & operational not later than the end of the construction season commencing in the year following the calendar year in which 404 Permit is issued. On -going. Chitoson Plan is operational. 183 DA 3. Segale constructs elevation of the separating berm b/w the Green River & GROCHA During 1st construction season and prior to first wet season construction activities N/A. Amended 184 amended 5.10 - 1st amendment 3. Segale constructs elevation of the separating berm b/w the Green River & GROCHA Prior to first wet season grading activities within the GROUCHA after 404 Permit is issued Completed 185 DA 4. Segale installs sediment curtain before breaching the berm adjacent to the off -channel habitat restoration project, during a time window defined in the HPA Completed 186 DA 5. Segale prepares & implements the SAMP wetland mitigation plan Approval of SAMP prior to start of site mass grading during the first construction season. Wetland mitgation construction starts the first year of construction and completed during the 3rd year of construction. N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 187 amended 5.10 - 1st amendment 5. Segale prepares & implements the SAMP wetland mitigation plan Approval of SAMP prior to start of site mass grading of the area requiring the 404 Permit. Wetland mitgation construction starts not later than the 2nd year of construction and completed on or before 4th yr of construction. Staff inspected the wetland mitigation with ECY July 2022. Wetland 10 — Last monitoring year should be 2022 Wetland 11 — Last monitoring year should be 2023. GROCHA - Last year of monitoring should be 2024. All sites are doing well, meeting performance standards, and should finish as planned. 188 DA 6. Segale prepares & implements fisheries mitigation plan Approval of SAMP prior to start of site mass grading during the first construction season. Wetland mitgation construction starts the first year of construction and completed during the 3rd year of construction. N/A. Amended 189 amended 5.10 - 1st amendment 6. Segale prepares & implements fisheries mitigation plan Approval of SAMP prior to start of site mass grading of the area requiring the 404 Permit. Wetland mitgation construction starts not later than the 2nd year of construction and completed on or before 4th yr of construction. The status of the sites is as follows. Expected end dates are assuming all performance standards are met: Johnson Creek (fisheries) — Last monitoring year should be 2021. Flapgate remained in the closed position during each of the 3 surveys and that no fish were found. Johnson Creel< (vegetation) - Last monitoring year should be 2022. GROCHA (fisheries and vegetation) — Last monitoring year chroilrl by -)n?d Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 190 DA 7. Segale constructs temporary North and South Facility Approval occurs prior to the start of site grading during first construction season. Completed 191 DA 8. Segale prepares a Master Stormwater Infrastructure Plan Approval prior to start of utility work Completed. 192 5.4.3.2 city obligations DA City installs stormwater conveyance infrastructure during construction of SCP 193 5.4.4 MSIP DA Segale prepares & submits a Master Stormwater Infrastructure Plan as part of clearing & grading permit Completed 194 5.4.5 monitoring DA Segale monitors as required under 401 Cert and NPDES permit for construction discharge and Total Suspended Solids. Reports to city. See Table 2 (p 31/32) Upon 70% of buildout in the catchment served by N & S facilities. Begin monitoring when there is sufficient buildout to generate TSS, but not while active construction influence persists On -going. 70% of buildout has not yet occurred. City shall inspect all WQ/FC every six months until 90% of lots are built. This task will continue after DA expires. 195 6. SEPA Compliance 196 6.1 Prior SEPA documentation DA No further SEPA review is required, and no additional substantive SEPA mitigation measures are required beyond those set forth in the DA, except for (see below) 197 DA City may require additional SEPA review Projcct envelope is exceeded by implementing approval or requested modification Monitor Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 198 DA City may require additional SEPA review If substantial changes are made to TSP so that, as mitigated, it is like to have adverse impacts not previously analysed in SEPA doc, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regs Monitor 199 6.2 further SEPA review limited DA City may require additional SEPA review If new info indicating probable significant adverse environmental impacts of TSP not previously analysed in SEPA doc, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regs Monitor 200 6.3 written notice DA City provides written notice to Segale and allows an opportunity to modify the Implementing Approval application such that additional SEPA review is unnecessary. If city decides to require additional SEPA review Monitor 201 7. Dispute Resolution 202 7.1 Dispute escalation process DA Level 1-3 processes outlined Should disputes arise 203 7.2 DA Either party may refer the dispute to binding arbitration If dispute not resolved at Level 3 within 14 calendar days 204 7.3 DA Binding arbitration procedure 205 7.4 DA Dispute resolution process will not apply.. Must use dispute resolution process outlined in 4.8.3 Disputes regarding: 1) accounting of Project revenues and city expenditures; and 2) letters of credit. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 206 8. Modifications to DA DA DA shall not be modified except by written amendment. Amendments that modify the intent & policy of DA must be approved by City Council. Other amendments may be approved by Mayor. 207 Amended 6.14 - 3rd Amendment, Section 8. DA shall not be modified except by written amendment. Amendments that modify the intent & policy of DA must be approved by City Council. Other amendments may be approved by Mayor; however, any such amendment must be provided to the City Council members in writing at least one (1) week prior to execution o tl a endment b the Ma or. 208 9. General Provisions 209 9.13 Term DA The term of the DA is as set forth in 5.2.3. Until such time as the City revises the Comp Plan or development regulations that apply to TS during the terms of this agreement, the goals of the Comp plan and dev regs to which the project vests will continue to apply to the TS property following the expiration of the DA 210 Fire Facilities Agreement (FFA) 211 2. Fire impact fees FFA Terms of the FFA are contingent on City, during the term of this agreement, keeping the provisions of TMC Chapt 18.26, which can be amended, and assessing a Fire Impact Fee on all development activity within the TSP. However, City retains ability to waive or reduce impact fees on a development by development basis, pursuant to state law; provided the reduction in impact fees does not fall below the City refund requirement pursuant to this agreement. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 212 3. Fire Impact Fee Payment FFA Segale shall make the following payments to the City which shall be paid in annual installments (approx. $300,000 to $500,000 annually) starting Dec 1, 2017 in accordance with the payment schedule in Exhibit B of the FFA: - non-refundable mitigation fee of $1,750,000. - a refundable Fire Impact Fee deposit of $3M. Dec 1, 2031 Payments began Dec 1, 2017. Segale has been paying the fees as outlined in the agreement. 213 4. Refund of Deposit FFA City shall provide Segale with a refund of Fire Impact Fee Deposit from the collected impact fees. Segale is not entitled to interest paid on fee deposit. Commencing 1.1.2018 the City shall pay the refund annually in an amount equal to the impact fees collected for development during the preceding year, provided the refund amount shall not exceed the total amount of annual installments paid as of the date of the annual refund. If the annual amount of impact fees exceeds the total annual installments, the balance shall be carried forward and refunded in subsequent years. There have been no refunds yet as there have not been fire impact fees collected in the area where the refund is applicable. 214 5. Record Keeping FFA The city shall maintain records of project fire impact fees, and provide Segale with quarterly reports indicating amount of impact fees collected during the preceding quarter. 215 6. Use of Fire Impact Fees FFA The City shall use Mitigation Payment and Fire impact fees Deposit solely for financing the design, contstruction, and operation of fire facilities on the Fire Station Property. The City shall commence construction of a fire station on the Fire Station Property by the end of the payment schedule set forth in Exhibit B. Fire station construction must begin by Dec 1, 2031. The fire station has been completed. Fees are recorded in fund 305 then transferred to the general fund for debt service payments. When fund 305 is closed out, they will be recorded in fund 304 then transferred to the general fund. 216 7. Security for payment FFA Segale's obligation to pay the Mitigation Payment and Fire Impact Fee Deposit shall be secured by a deed of trust (Exh. C), and recorded against the real property described in Exh. D. Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 217 8. Term of Agreement FFA This Agreement shall remain in effect for the latter of 18 years or until. Segale receives a full refund of the Fire Impact Fee Deposit. 2032, or until Segale receives a full refund of Fire Impact Fee Deposit. On -going, until 2032 or until Segale receives a full refund of Fire Impact Fee Deposit. 218 9. Assignment of Rights FFA Segale may assign this Agreement to any party who acquires, through lease or purchase, 50%or more of the property within the TSP. 219 10. Default FFA No party shall be deemed in default under this Agreement unless it has failed to perfom as required for a period of 30 (days?) after written notice of default from the other party. All parties shall have rights and remedies provided by law or equity to compel performance or actions consistent with Agreement. If City defaults, Segale is entitled to suspend performance of its obligations until City's default is cured. 142 Thomas McLeod, Mayor TO: ayor's Office - Marty Wine, Interim CityAdministrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, Interim City Administrator DATE: June 25, 2024 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Sounder South Corridor Leadership Forum: Mayor McLeod participated in a Sounder South Corridor Leadership Forum on June 10. • Regional Clerk's Conference: City Clerk Andy Youn participated in a regional Clerk's Conference with municipalities from Oregon, California, and Alaska June 10 -14. • Sound Cities Association Mayors Meeting: On June 11 Mayor McLeod participated in a Sound Cities Association Mayors Meeting. • Meeting with Governor Inslee: On June 12 Mayor McLeod and Director of Strategic Initiatives and Government Relations, Brandon Miles, attended a meeting with Governor Inslee, King County Executive Constantine and mayors from other regional jurisdictions to discuss the asylee issues impacting Washington. • Meeting with Representative Bergquist: Mayor McLeod and Councilmember McConnell joined Tukwila School District Superintendent Pedroza in a meeting with State Representative Steve Bergquist on June 13. • Meeting with King County Flood Control District: On June 14 Mayor McLeod and Brandon Miles met with the Executive Director of the King County Flood District to discuss flood improvement projects along the Green River. • AWC Annual Conference: Councilmember Hedrick, Deputy City Administrator Mayer, Director of Strategic Initiatives & Government Relations Miles and Legislative Analyst Humphrey attended the annual Association of Washington Cities Conference, Vancouver, June 18 - 21. • US Conference of Mayors Annual Meeting: Mayor McLeod attended the United States Conference of Mayors Annual Meeting in Kansas City June 19 - 22. • Offsite SeaTac Airport Impacts Meeting: Community Development staff attended a kickoff meeting for the SeaTac Airport's update of the Part 150 Study. The study evaluates off -site impacts from airports, with updates published approximately every 10 years. The multiyear Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 143 City Administrator's Report June 25, 2024 Page 2 update involves stakeholders from surrounding jurisdictions and is separated into multiple phases of analysis and implementation. • Boeing Access Road Light Rail Station Meeting: Community Development staff attended an introductory meeting hosted by Sound Transit regarding location alternatives for the Boeing Access Road Light Rail Station. The representative station location is between Interstate 5 and the BNSF Rail corridor, to the south of Boeing Access Road. Staff has identified challenges at the site relating to poor non -vehicle access, and the limited potential for housing and job growth. Pre-2020, Sound Transit estimated the station would attract approximately 700-1200 riders per day, about 25-40% of the ridership of Tukwila International Boulevard station. Sound Transit will be offering an online Open House from July 2 to July 28, and an in -person Open House on July 17 at the Tukwila Community Center. The Draft Environmental Impact Statement, which will identify all considered alternative locations for the proposed new station, is tentatively expected to be presented to the Sound Transit Board in October2024. • Joint Providers Meeting: Human Services staff participated in the Q2 Joint Providers meeting with Burien and SeaTac. II. Community Events • Family Health & Fitness Day: On June 8 Parks & Recreation held a Family Health and Fitness Day. We estimate about 120 participants joined the festivities. Activities included a 1K, 2K, and 3K walk/run, outdoor games, an outdoor fitness course, and outdoor Zumba and Yoga. • Seattle Space Week Reception: Economic Development used lodging tax funding to sponsor a reception on June 12 for space related businesses as part of Seattle Space Week. • Teen Summer Kick -Off: The annual Teen Summer Kick -Off event was held on June 18. Approximately 350 teens enjoyed inflatable obstacle courses, basketball, volleyball, an assortment of outdoor games, and more at the Foster High School Football stadium. A DJ provided music as the kids played all afternoon on their last day of school. Foster High School provided pizza, juice, and snacks, Puget Sound Fire was onsite and Transportation Demand Management staff shared transportation information, distributed Youth ORCA cards, and conducted outreach for the 2025-2029 Commute Trip Reduction Plan. • Juneteenth Commemoration: Parks & Recreation, the Mayor's Office and the Municipal Court organized the City of Tukwila's fourth annual Juneteenth Commemoration event on June 19. The event was held at the Sullivan Center at Tukwila Village and had 350 attendees. Highlights of the event included opening remarks by Councilmember De'Sean Quinn, a performance of the Black National Anthem, music by DaNell Daymon & Greater Works choir, and a keynote address by the Rev. Terrence Proctor from Tukwila's Church by the Side of the Road. The event was made possible by generous support from Experience Tukwila, Public Health - Seattle & King County, and Urban League of Metropolitan Seattle. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 144 City Administrator's Report June 25, 2024 Page 3 W. Staff Updates Public Safety • Crime Prevention Through Environmental Design Webinar: On June 20 the City co -hosted a Crime Prevention Through Environmental Design (CPTED) webinar with the Seattle Southside Chamber of Commerce for the Tukwila business community. The Police Department's Community Engagement Coordinator co -presented with Chamber staff and Economic Development staff provided support. Project Updates • Tukwila International Boulevard Flag Project: Parks staff focused on putting flags up for this project. Flags are based on languages spoken in the Tukwila School District. • Stewardship: o Resident Forest Steward Debbie Gordan ran a work party at Riverton Park. Other residents from the neighborhood got involved and mulched young ferns and removed ivy off a large maple. o Resident Forest Steward Heidi Watters led a work party at Cottonwood Corner for the Homeschool Stewardship Squad that continued to mulch the site and remove noxious Himalayan blackberry. o Parks staff onboarded a new Tukwila Resident, Peter Shilling, as the Forest Steward of Trail 13 which runs along the side of his new property that he purchased. He will remove invasive plants and litter from the site. This trail is heavily used by youth who attend Thorndyke Elementary. o Parks staff, Dirt Corps, and local artists Nicotera and Sarah Kavage have been putting together a plan for maintenance and funding to build more willow fences for the 57th Avenue Mini Park. o Parks staff led a litter clean-up event with BECU on the Green River Trail and around the Tukwila Community Center to remove litter and plastic waste that blows into the Duwamish River. This work is important to keeping trash and plastic out of the watershed and Puget Sound. • Green River Trait Improvements: Estimated Completion: Aug 2024 Construction of 700 linear feet of concrete multi -use trail within the right-of-way of the Green River Trail that started in April. The decorative wall at Christensen Road has been poured. The decorative concrete will be completed and then the focus will shift to the landscape. • Tukwila Community Center HVAC Phase 1: Estimated Completion: Winter 2024 The Phase 1 project is to upgrade the two boilers, pumps and HVAC/building controls in the Tukwila Community Center to provide improved and more reliable heating for the building. The contract documents for Design/Build of Phase 1 are finalized by the State and the Energy Services Contractor (ESCO) is moving forward with the design of the long lead-time items (including pumps and boilers) with a goal of installation in the fall. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 145 City Administrator's Report June 25, 2024 Page 4 Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for June 26, 2024. VACANT: Student Representative. • Civil Service Commission: The next meeting is scheduled for July 18, 2024. No vacancies. • COPCAB: The next meeting is scheduled for July 11, 2024. VACANT: Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for July 11, 2024. 1 City Employee position term expires March 31, 2025. 1 Education/Community position term expires March 31, 2025. 2 Community positions terms expire March 31, 2025. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for June 26, 2024. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for August 6, 2024. 4 Resident position terms expire March 31, 2025. VACANT: 1 Resident position. • Lodging Tax Advisory Committee: The next meeting is scheduled for July 12, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for July 10, 2024. 3 Community position terms expire March 31, 2025. No vacancies. • Planning Commission: The next meeting is scheduled for June 27, 2024. No vacancies. IV. Responses to Council/Com unity nquiries Date of Inquiry Inquiry Response April 1, 2023 Various Council questions about plans for Public Works Shops Phase 2 project Director of Strategic Initiatives & Government Relations Miles plans a presentation to Council which will include responses to these questions on August 5. June 10, 2024 During public comment a community member asked about mitigating truck traffic impacts to This is an ongoing issue. The City's commitment to specific actions on this street include: short-term traffic camera that is being installed at Codiga Park, and deterrence Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 146 City Administrator's Report June 25, 2024 Page 5 off the residential through ticketing and fines by the Police neighborhood off 50th Department Traffic unit. Long-term, it could Ave South. include traffic calming and pedestrian facilities. Discussion and community update occurred at the June 25 Allentown meeting. June 17, 2024 During public comment The Police Department spoke with the a community member community member at the Council meeting mentioned speeding problems on 158th and will direct speed enforcement to the area. Street. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 147 148 UPCOMING MEETINGS AND EVENTS JULY 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. JULY1 MON JULY2 TUE JULY3 WEDi JULY4i THU JULY5 t FRI JULY6 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting * Library -Advisory Board�14iRi�t'4L`re`r,� Cancelled �.�.. b u>.r�„' t: ,",ti�\\\":\\\\\��. Come buy fresh produce grown by refugees and immigrants in our community. EBT accepted. Summer meals for families provided. 3:00 PM — 6:00 PM Tukwila Village Plaza 14350 Tukwila Intl Blvd _..> COMMUNITY BOOK CLUB Di Join us for our ' annual Tukwila Parks & Recreation Book Club. 6:00 PM — 7:30 PM Tukwila Community Center Meeting Room A 112424 42"d Ave S Click here for information. -KKKst. Cityoffices * Commission Rescheduled PICKLEBALL Join us for camps, festivities Independence 9:00 Click TH O. ' Give Blood = Save 3 Lives ;-'..".. URGENT NEED! DONATE AND ENTER TO WIN TICKETS TO SEE TAYLOR SWIFT! It takes 1,000 donors a day to sustain a blood supply for patients in our community. Click here to schedule an appointment. Or call 1.800.398.7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Click here for information. '. � - and CommunityCenter closed. to July 11. EVENT a day of pickleball skills games, scrambles and as we celebrate Day. AM — 2:00 PM here for information. DULY S MON JULY 9 TUE JULY 10 WED'. DULY 11. THU DULY 12'. FRI JULY 13 SAT * Community Services and Safety Committee Meeting 5:30 PM City Hall — Hazelnut Room Hybrid Meeting * Planning and Community Development Meeting 5:30 PM 6300 Building — 2nd Floor Duwamish Conference Hybrid Meeting * City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting I'ii*;, ... TUKWILA 1'^ ....,,.. RESTORATION AT RIVERTON PARK Help Tukwila stewards on clearing invasive plants. 11:30 AM —1:30 PM Riverton Park 13263 Macadam Rd S Click here to register. Puget Sound Helping people FREE EMPLOYMENT AND SKILLS TRAINING Learn about free and skills training Registration 1:00 PM Tukwila 14380 Tukwila Click here . r :. r, `4"" 4 3:00 PM Tukwila 14350 Tukwila * Park Commission 5:30 PM Hybrid Meeting s COMMUNITY Join us for a monthly puzzles or practice Palooza 6:00 PM Tukwila Community 112424 Click here Training Center gensuccess ,tonality SERVICES PROGRAM employment services programs. not required. — 3:00 PM Library Intl Blvd for information. * Human Services Advisory Board 5:00 PM Virtual Meeting.,, * Equity and Social Justice Commission 5:30 PM Hybrid Meeting * Community Oriented Policing Citizens Advisory Board 6:30 PM Hybrid Meeting pox 1., ,t FREE PUZZLE PARTY SOCIAL Join us for a monthly gathering to swap puzzles or practice for our next Puzzle Palooza. 6:00 PM — 8:00 PM Tukwila Community Center 112424 42"d Ave S I ,.,,, FREE CPR TRAINING AND JOB FAIR TOMORROW! CPR awareness training for all ages will be provided. Also, meet professionals from police, fire, public works, information technology and more! July 13, Tomorrow 10:00 AM — 5:00 PM ShoWare Center 625 W James St, Kent Click here far information. i :,:T .BK ILA 1r wcwwc RESTORE THE URBAN FOREST WITH EARTHCORPS Help Tukwila stewards and Earthcorps on removing invasive plants. 10:00 AM — 1:00 PM Tukwila Park 15460 65'" Ave S Click here to register. FIR n, ENTRY-LEVEL FIREFIGHTER REGISTRATION OPEN To register, visit below link and select WAFIRECAREERS. This will automatically register you for the 5 partners including Puget Sound Fire. WA Fire Careers will pull scores on Aug 31 for February 2025 Academy. Click here for information. st r' — 6:00 PM Village Plaza Intl Blvd .,t BOOK CLUB gathering to swap for our next Puzzle — 7:30 PM Center 42"d Ave S for information. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM — 4:00 PM w ` JUL 11 & AUG 8 - PUZZLE PARTY SOCIALS 6:00 PM — 8:00 PM TUKWILA COMMUNITY CENTER n diFree event for ages 8 and up. See above for more information. z, AUG 3 - ANNUAL COMMUNITY YARD SALE ** SIGN UP BY JUL 19 ** r° Sign up today to hold a sale at your home at the same time as other Tukwila residents. Clean your closets, make money, and shop for bargains!. Click here for information. AUG 6 - NATIONAL NIGHT OUT SIGN-UP YOUR NEIGHBORHOOD BBO! City leaders and staff, police officers and firefighters will stop by your gathering for food, fun and conversation on August 6. Click here for information. ** SHARE YOUR INPUT ON THE 2025-2026 BIENNIAL BUDGET! The City Council is dedicated to creating a budget that mirrors the community's priorities! Residents can select and rank their top service priorities Click here for information. ** NOW THRU AUG 29 - TREE GIVEAWAYS! Tukwila residents can apply for FREE trees. Must apply by Aug 29. Click here for information. ** SPRAY PARK IS OPEN FOR THE SUMMER! 10:00 eo .8:00 PM DAILY TUKWILA COMMUNITY CENTER —12424 42N6 AVE S Free aquatic playground for families. Have a picnic while your children have fun at the Spray Park! ** JOIN US FOR MANY FUN AND FREE SUMMER EVENTS! There's something for everyone. Live music and dance, movies, games and food trucks! Click here for information. FREE SUMMER MEALS FOR AGES 18 AND UNDER! AFREE SUMMER MEALS A Summer Food Service Program provides free summer meals for for TUKWILA KIDS&TEENS S Summer Meals Locator: English Espanol Af Somali children in King County. Click here for Tang ViSt TUKWILA VILLAGE FARMER'S MARKET 14350 Tukwila International Blvd Jun 21—Aug 30 Wednesdays Dinner: 4:30 PM — 6:30 PM Halal fdendly options. Meals available for caregivers too, more information. TUKWILA COMMUNITY CENTER 12424 42k Ave S Jul 5—Aug 25 Mon — Fri Lunch: 11:15 AM — 12:15 PM Snack: 3:00 PM — 3:30 PM CASCADE VIEW COMMUNITY PARK 14211 374 Ave S Jul 10—Aug 25 Mon — Fri Lunch: 11:45 AM — 12:45 PM Snack: 1:45 PM — 2:00 PM FOSTER HIGH SCHOOL 4242 S 1444 St Jul y—Aug 3 Mon — Thu Breakfast: 7:30 AM — 8:00 AM Lunch: 11:00 AM — 11:30 AM - TUKWILA ELEMENTARY 5939 S 1494 St Jul 5—Aug 3 Mon — Thu Breakfast: 8:30 AM — 9:00 AM Lunch: 12:00 PM — 12:30 PM 9 15 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.VV. MEETING 3 — REGULAR MEETING 4 — JUNE 3 See below links for the agenda packets to view the agenda items: June 3, 2024 Work Session „lune 3, 2024 Regular Meeting JUNE 10 See below links for the agenda packets to view the agenda items: June 10, 2024 Committee of the Whole Meeting JUNE 17 See below links for the agenda packets to view the agenda items: June-1-77-2024 Werk-Session Cancelled June 17, 2024 Regular Meeting JUNE 24 See below links for the agenda packets to view the agenda items: June 24, 2024 Committee of the Whole Meeting MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JULY 1 See below links for the agenda packets to view the agenda items: July 1, Work Scion Cancelled July 1, 2024 Regular Meeting JULY 8 , JULY 15 WORK SESSION JULY 22 PRESENTATION Update from Recology. PUBLIC HEARINGS Ordinance updating Accessory Dwelling Unit (ADU) regulations. SPECIAL ISSUES - Ordinance updating Accessory Dwelling Unit (ADU) regulations. - Ordinance amending Tiny Home Village regulations. - Quarterly Finance Report. Special Meeting to follow Committee of the Whole Meeting. 2023-2024 Tukwila Comprehensive Plan Update: Review of Individual Elements (Part 1 of 2). REGULAR MEETING PRESENTATION - Life Saving Medal Award: - Officer Elias Hiatt - Officer Dustin Johnson CONSENT AGENDA - Authorize the Mayor to sign a contract with Foster Garvey PC for collective bargaining legal services, in an amount not to exceed $120,000.00. - Authorize the sale of maple wood slabs in the amount of $5,000.00. UNFINISHED BUSINESS - Authorize the Mayor to sign a grant agreement with King County for the 2024 Veterans, Seniors and Human Services Levy, in the amount of $229,500.00. - Discussion on 2025-2026 Biennial Budget: 1) Capital Improvement Program 2) All Funds and Projects.