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COW 2024-12-09 COMPLETE AGENDA PACKET
Tukwila City Council Agenda OF THE WHOLE •.• . 4 \‘IkrI\ \ s_ **** COMMITTEE Thomas McLeod, Mayor Councllmembers: •:. De'Sean Quinn •:- Tosh Sharp Marty Wine, City Administrator •:. Armen Papyan •:. Jovita McConnell Mohamed Abdi, Council President •:. Dennis Martinez •:. Hannah Hedrick 905 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 Monday, December 9, 2024; 7:00 PM o Ord #2751 o Res #2106 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public on -site at Tukwila City Hall items both on and not on the 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 5 mutes for meeting agenda. or icrosoft 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, instructions. Please clearly indicate that and you will receive further 4. PUBLIC HEARING a. An ordinance extending between the City of Tukwila South Development. b. An ordinance adopting Plan. To provide public hearing provide your first and last subject line, by 5:00 p. . by email, your name will to 5 minutes. Call 1-253-292-9750, ACCESS to Join Microsoft Teams the term of a Development Agreement Tukwila and Segale Properties LLC for the the 2024-2044 Tukwila Comprehensive comments, please email citycouncil@tukwilawa.gov, Pg.1 Pg.17 name, and reference the public hearing topic in the on *ecember 9, 2024. Once you have signed up be called upon during the meeting to speak for up CODE 670077847# to participate or click here Meeting at 7:00 p.m. on December 9, 2024 to access the meeting. You ay also a end the Public earing in person and provide your corn ents on -site. 5. SPECIAL ISSUES a. An ordinance extending the term of a Development Agreement between the City of Tukwila and Segale Properties LLC for the Tukwila South Development. b. An ordinance adopting the 2024-2044 Tukwila Comprehensive Plan. c. Contract with CFM Advocates for Federal government affairs services. (Continued..) Pg.1 Pg.17 Pg.69 COMMITTEE OF THE WHOLE MEETING December 9, 2024 Page 2 5. SPECIAL ISSUES (cont..) d. A resolution adopting the 2025 State Legislative Agenda. e. An ordinance adopting truck route regulations. f. Allocation of remaining American Rescue Plan Act (ARPA) funds. Pg.85 Pg.99 Pg.113 6. REPORTS a. Mayor b. City Council c. Staff 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURN TO SPECIAL MEETING ❖ SPECIAL MEETING ❖ ■ Ord #2751 • Res #2106 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Minutes: b. Approval of Vouchers: c. Mental Health Professionals Co -Responder Program: [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 12/09/241 (1) Authorize the Mayor to sign Amendment No. 1 to Contract #23-097 with Sound (formerly known as Sound Mental Health) for Co - Responder services through 12/31/2025, in an amount not to exceed $102,000.00. (2) Authorize the Mayor to sign Amendments No. 1 & 2 to Contract #23- 098 with Sound (formerly known as Sound Mental Health) for Co - Responder services through 12/31/2025, in an amount not to exceed $102,000.00. d. Authorize the Mayor to sign a contract with LED Trail, Inc. for rehabilitation of lighting at Crystal Springs Park, in the amount of $79,232.15. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 12/09/24.J e. Authorize the Mayor to sign a contract with CFM Advocates for Federal governments affairs services through December 31, 2026, in an amount not to exceed $72,000 annually. [Reviewed and forwarded to Consent by the Committee of the Whole on 12/09/24.J Pg.125 Pg.151 Pg.69 3. NEW BUSINESS 4. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Meetings are audio & video taped. If you are in need of translation or interpretation services at a Council meeting, 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 A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 7/01/24 AY 12/09/24 DCS ITEM INFORMATION ITEM No. 4.A. 5.A. STAFF SPONSOR: N. GIERLOFF ORIGINAL AGENDA DATE: 7/1/24 AGENDA ITEM TITLE Tukwila South Development Agreement Six -Month Extension CATEGORY 11 Discussion Mtg Date 12/9/24 E Motion Mtg Date El Resolution Mtg Date 11 Ordinance Mtg Date 12/9/24 E Bid Award Mtg Date /1 Public Hearing Mtg Date 12/9/24 ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs 11 DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The 2009 Development Agreement governing the Tukwila South subarea expires on December 22, 2024. Segale Properties has requested a six month extension. Council is being asked to hold a public hearing and approve an ordinance authorizing an amendment agreeing to the six month extension. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: N/A Community Svcs/Safety Li Finance & Governance Li Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONsoR/ADMIN. Mayor's Office/Department of Community Development COMM 1'1 EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 7/1/24 Briefing and Discussion 12/9/24 MTG. DATE ATTACHMENTS 12/9/24 Informational Memorandum dated 12/2/24 Proposed Ordinance Proposed Fourth Amendment to Development Agreement 1 2 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Marty Wine, City Administrator BY: Nora Gierloff, Director of Department of Community Development Brandon Miles, Director of Strategic Initiatives and Government Relations Derek Speck, Economic Development Administrator CC: Mayor McLeod DATE: December 2, 2024 SUBJECT: Tukwila South Development Agreement Six -Month Extension ISSUE The 2009 Development Agreement governing the Tukwila South subarea is due to expire this month. The purpose of this item is to authorize a six-month extension. BACKGROUND The 2009 Tukwila South Development Agreement will expire on December 22, 2024. Earlier this year, Segale Properties requested a fifteen -year extension of the current agreement. On July 1, 2024, staff briefed the City Council on that request and has since been negotiating with Segale Properties on terms for a new development agreement. Staff anticipates bringing a proposed new development agreement to Council for consideration in the first quarter of 2025. Segale Properties has requested the current development agreement be extended for six months so that it remains in effect until a new agreement is in place. DISCUSSION Staff supports extending the current development agreement for six months. FINANCIAL IMPACT This item has no impact on the city's budget. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the December 9, 2024 Committee of the Whole meeting and subsequent December 16, 2024 Regular Meeting. ATTACHMENTS Draft Ordinance Proposed Fourth Amendment to Development Agreement for the Tukwila South Development 3 4 AN ORDINANCE OF THE CITY COUNCIL OF TUKWILA, WASHINGTON, EXTENDING TH DEVELOPMENT AGREEMENT BETWEE TUKWILA AND SEGALE PROPERTI SUCCESSORS FOR THE DEVELOPMENT FOR SIX MON SEVERABILITY; AND ESTAB DATE. WHEREAS, the "Tukwila South Pr property, and Segale Properties LLC and i of those acres, which is known as t - "Tuk WHEREAS, on June 8, adopted the Development Properties LLC (formerly Tukwila South project. t KW PRO AN THE CITY OF TERM OF A HE CITY OF C AND ITS SOUTH G FOR E ECTIVE approximately 512 acres of real ns or controls approximately 503 operty;" and ukwila passed Ordinance No. 2233, which between the City of Tukwila and Segale Pianta LLC) (the "Original Agreement") regarding the WHEREAS, th iginal A ement was revised five times, with the First and Third Amendments record- at g County recording nos. 20100726001101 and 20140624000980, and Addenda recorded at King County recording nos. 20130228000691, and 201 $228000692, and the Second Amendment, dated November 20, 2012, which remains unrecorded; and WHEREAS, MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation ("Continental Mills") (collectively, "Successors") have each acquired certain parcels subject to the Original Agreement; and WHEREAS, the City of Tukwila owns real property operated as Fire Station 51, located at 17951 Southcenter Parkway, Tukwila, Washington 98188 (King County parcel nos. 3523049008 & 3523049040 (shown as vacant)) within the Tukwila South project area, which 2024 Legislation: Extending Tukwila South Development Agreement Version: 11/18/2024 Staff: N. Gierloff; D. Speck Page 1 of 3 5 Segale Properties dedicated to the City pursuant to a Fire Facilities Agreement (Contract No. 14-065); and WHEREAS, under Section 5.2.3 of the Development Agreement, the Tukwila South Project's vesting of development regulations applies for fifteen (15) years from the effective date of the annexation of the Tukwila South Property to the City of the Tukwila (the "Term" of the Development Agreement); and WHEREAS, the effective date of the annexation of the Tukwila South Property to the City of Tukwila was June 20, 2009, such that the Term of the Original Agreement, as revised, expires on December 22, 2024; and WHEREAS, the City of Tukwila, Segale Properties LLC, and its successors have agreed to a six-month extension of the Term of the Original A . reement, as revised, which extension also applies to Section 5.2.3 of the Original Agre- -nt, Scope of Vesting; and WHEREAS, pursuant to RCW 36.70B.200 and T held for this ordinance on December 9, 2024; NOW, THEREFORE, THE CITY CO WASHINGTON, HEREBY ORDAINS AS FOLL Section 1. Extension of Devel Development Agreement between the successors, as approved by Or extended by six (6) months Agreement June 23, 202 Development Agreement for t hereto as "Exhibit A" a Section 2. Co of the City Attorney, corrections to this ordin local, state or federal la section/subsection numbering. 050, a public hearing was ITY OF TUKWILA, ent Term. The Term of the Segale Properties LLC, and its ce " and as subsequently revised, shall be ew expiration date of the Development the attached "Fourth Amendment to Development," a copy of which is attached rence fully incorporated herein. ity ' lerk or Code Reviser Authorized. Upon approval and the code reviser are authorized to make necessary uding the correction of clerical errors; references to other odes, rules, or regulations; or ordinance numbering and Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of December 2024. 2024 Legislation: Extending Tukwila South Development Agreement Version: 11/18/2024 Staff: N. Gierloff; D. Speck Page 2 of 3 6 ATTEST/AUTHENTICATED: Andy Youn, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A — Fourth Amendment to Develop t Agreement 2024 Legislation: Extending Tukwila South Development Agreement Version: 11/18/2024 Staff: N. Gierloff; D. Speck Page 3 of 3 7 8 When Recorded Return to: Nancy Bainbridge Rogers Cairncross & Hempelmann, P.S. 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT Reference Number(s) of Documents assigned or released: 20100726001100; 20100726001101; 20130228000691; 20130228000692; and 20140624000980 Grantor: SEGALE PROPERTIES LLC, a Washington limited liability company MAS TUKWILA LLC, a Washington limited liability company LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership H&H ANDOVER PARK, LLC, a Washington limited liability company CONTINENTAL MILLS, INC., a Washington for profit corporation Grantee: CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation Abbreviated Legal: N/A Tax Parcel Nos.: 870021-0050; 870021-0100; 870021-0130; 870040-0230; 870040-0180; 870040-0070; 870040-0120; 870040-0170; 870021-0040; 870021-0090; 032204-9062; 870040-0240; 870040-0190; 870040-0082; 870040-0130; 870040-0010; 870021-0030; 870021-0080; 870040-0200; 870040-0250; 870040-0040; 870040-0090; 870040-0140; 870040-0020; 870021-0020; 870021-0110; 870040-0210; 870040-0260; 870040-0050; 870040-0100; 870040-0150; 870040-0030; 870021-0010; 870021-0120; 870040-0220; 870040-0270; 870040-0060; 870040-0110; 870040-0160; 352304-9109 1 9 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT THIS FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "Fourth Amendment") is made and entered into this day of December, 2024, by and between the CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation ("City"), SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation ("Continental Mills") (together, the "Parties"). I. RECITALS WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta LLC) entered a Development Agreement (the "Original Agreement") regarding the Tukwila South project, then comprising approximately 512 acres of real property, and recorded the Original Agreement at King County recording no. 20100726001100, and the Original Agreement was revised five times, with the First and Third Amendments recorded at King County recording nos. 20100726001101 and 20140624000980, and two Addenda recorded at King County recording nos. 20130228000691 and 20130228000692, and the Second Amendment, dated November 20, 2012, which remains unrecorded. WHEREAS, Mas Tukwila, LIT Industrial, H&H Andover Park, and Continental Mills have each acquired certain parcels subject to the Original Agreement. WHEREAS, the Original Agreement, as revised, is set to expire on December 22, 2024, and all Parties wish to enter a six-month extension. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to the Parties, the Parties hereby agree as follows: II. AGREEMENT 1. The first sentence of Section 9.13 of the Original Agreement is hereby amended to read: "The Term of this Agreement is extended to June 23, 2025." The Parties agree the June 23, 2025 expiration date also applies to Section 5.2.3, Scope of Vesting. [signature pages to follow] 2 10 CITY OF TUKWILA, a Washington municipal corporation By: Name: Thomas McLeod Its: Mayor Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the mayor of CITY OF TUKWILA, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. 2024. GIVEN under my hand and official seal this day of (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 3 11 SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Developmer/Onc. Its: Manager / By: Name: Mark A. Segde Its: President STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me Mark A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the manager of SEGALE PROPERTIES LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this 2,0 day of NOVA ,2024. 4%. BRITTANY MICHELLE WAXMAN Notary Public State of Washington Commission # 23010404 My Comm. Expires Apr 26, 2027 ' "NV NW` "VW ,Vae, *fmar p lti (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 12 4 MAS T KWILA LLC, a Ws ngton limited liability company By: Brett Jaco Manager Date: er STATE OF WASHINGTON ) COUNTY OF KING ss. On this day personally appeared before me BRETT JACOBSEN, to me known to be a manager of the MAS TUKWILA Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal tl An. -ark.. Jr.- AO- -Alb -01114,,46- 40, Angela eano Notary Public State of Washington My Appointment Expires 812112 02 7 ornniissiOfl Number 23026425 day of liNs\I (A '&04- , 2024. (Print name okotary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires ° 5 13 LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership By: LIT Holdings GP, LLC, a Delaware limited liability company Its: General Partner Coni(iii ByliilaytOn Otiklin (Nov 22,2024 06:58 PST) Name:Dayton Conklin Its: SVP Date: 22-Nov-2024 STATE OF T ss. COUNTY OF 031€1f) ) On this day Personally appeared before me ,„.„ on,„ attAktao me known to be a e &-Abf LIT Holdings GP, LLC, a Dela are limited liability company, the general partner of LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this c day of ,.._, ,04111tp,„ BRiTTANY MCCARTHY Putiiic, State of Texas „ilif,IZz. Comm. Expires 10-07-2028 'INIbr$ Notary ID 135120198 „—.... , 2024. (Print name f notary) NOTARY PUBLIC in and for the State of residing at Doy My commission expires tCy -7/ aoaq 6 14 H&H ANDOVER PARK, LLC, a Washington limited liability company By: Peter Hollomon Director Date: 2- i2.' f STATE OF WASHINGTON SS. COUNTY OF KING ) On this day personally appeared before me PETER HOLLOMON, to me known to be a member of the H&H ANDOVER PARK Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. ifd GIVEN under my hand and official seal this .2 day of °°°°$�14.1A8' r °° d4da, eteelki , 2024. ��audua T / M:� (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at 4-0-Av Ldit— My commission expires r . c 7 7 15 CONTINENTAL MILLS, INC., a Washington for profit corporation By: Robert Dilworth CFO Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me ROBERT DILWORTH, to me known to be CFO of CONTINENTAL MILLS, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 2024. GIVEN under my hand and official seal this ASHLEY SUSANNA NYAL HENDERSON Notary Public State of Washington Commission # 20103646 My Comm. Expires Feb 25, 2028 day of (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at 101 My commission expires 16 8 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 09/23/24 NE 11/18/24 NE 12/09/24 NE ITEM INFORMATION ITEM No. 4.B. 5.B. STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 09/23/24 AGENDA ITEM TITLE PUBLIC HEARING — 2024-2044 Tukwila Comprehensive Plan Update (#3 of 3) CATEGORY 11 Discussion Mtg Date 11-18-24 11 Motion Mtg Date 12-16-24 El Resolution Mtg Date 11 Ordinance Atg Date 12-09-24 E Bid Award Mtg Date /1 Public Hearing Mtg Date 11-18-24 ❑ Other Mtg Date SPONSOR Council U Mayor Admin Svcs 11 DCD ❑ Finance ❑Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The City of Tukwila is completing the 2024-2044 Comprehensive Plan Periodic Update, as required by the Washington Growth Management Act. The November 18, 2024, Public Hearing is the second in 3 hearings on the draft Comprehensive Plan. This hearing will focus on the Transportation Element, although the comment may be provided on the overall Plan, as well. The Council is asked to consider comment and provide final direction. The final hearing (12-09-24) will be followed by proposed adoption on 12-16-24. REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: Community Svcs/Safety U Finance & Governance Arts Comm. ❑ Parks Comm. COMMITTEE CHAIR: Planning & Community Dev. Planning Comm. RECOMMENDATIONS: SPONsoR/ADMIN. Department of Community Development CoMMI1'1 EE NA COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/23/24 Public Hearing on Draft Comprehensive Plan 11/18/24 Public Hearing on Draft Comprehensive Plan 12/09/24 MTG. DATE ATTACHMENTS 12/09/24 Informational Memorandum dated 12-03-24 Attachment A - Response to Final Comments on Plan Attachment B - Proposed Adopting Ordinance for Comprehensive Plan Periodic Update Attachment C - Comprehensive Plan Elements for Public Hearing Attachment D - Background Reports for Elements 17 18 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Nora Gierloff, AICP, Department of Community Development, Director BY: Nancy Eklund, AICP, Long Range Planning Supervisor Neil Tabor, AICP, Senior Planner CC: Mayor McLeod DATE: December 3, 2024 SUBJECT: PUBLIC HEARING, 12/9/24 — 2024-2044 Tukwila Comprehensive Plan Update (#3 of 3) ISSUE The City of Tukwila is completing the 2024-2044 Comprehensive Plan Periodic Update, as required by the Washington Growth Management Act (GMA) in RCW 36. 70A.1 30(1). The City Council Public Hearing held on December 9, 2024, incorporates all agency comment, and public and Council comment received at the two previous hearings on September 23, 2024, and November 18, 2024. Staff proposes that this draft Plan move forward for adoption at the December 16, 2024, Council meeting. BACKGROUND The Washington Growth Management Act requires that Comprehensive Plans be updated periodically. Tukwila's last major review of the Plan occurred in 2015; the current update of the Plan will address the 2024-2044 planning period. The City must update its Comprehensive Plan no later than December 31, 2024. The Tukwila Plan consists of several parts: the elements, which include a brief summary about the topic, plus the goals and policies for that element and background reports, provided for some elements (but not all) and which identify greater detail about the element, including an inventory and known capacity and growth issues. Implementation strategies for the Plan are relevant for Tukwila in documenting how the City has undertaken the action to implement the Plan's policies, but those will be presented to the Council in early 2024. In 2029, the City will report back to regional and state agencies on the City's accomplishments in implementing its Plan. DISCUSSION As noted in the Information Memo for the September 23, 2024, Public Hearing, the City Council has reviewed the Comprehensive Plan on several occasions over the past year. As noted at the October 18, 2024 Council meeting, staff has requested review of the draft Plan by the Washington Department of Commerce, the Puget Sound Regional Council, and the King 19 INFORMATIONAL MEMO Page 2 County Affordable Housing Committee regarding their respective Growth Management Act consistency analyses. Tukwila Staff have made the requisite updates to the Plan (see the matrix of questions and responses in Attachment A, as well as the Plan drafts in Attachments B (Plan Elements) and Attachment C (Plan Background Reports). Following adoption of the Plan, staff will put the plan in final format, which will include addition of maps, photographs, and other formatting that bring the document together. In addition, links to referenced documents, and other items will be incorporated into the final draft (e.g., Title page, Table of Contents, Acknowledgements, Land Acknowledgment, Glossary, Implementation Strategies matrix, and Index). Environmental Review The proposed Amendments to the Comprehensive Plan have been reviewed relative to the Washington State Environmental Policy Act (SEPA), and a Determination of Nonsignificance and Addendum to the Tukwila Comprehensive Plan Environmental Impact Statement was filed with the Washington Department of Ecology SEPA Register. Those files are available for review here: https://apps,ecologyowa.gov/separ/Main/SEPA/Record.aspx?SEPANumber=202405256. Adopting Ordinance and Final Council Actions In anticipation of the Council's final review and adoption of the 2024-2044 Comprehensive Plan Period Update, also attached is a copy of the Proposed Adopting Ordinance for Council Consideration (Attachment D). If Council has any questions or comments on the Ordinance, please let staff know. NEXT STEPS • December 16, 2024 — Tukwila Comprehensive Plan Update: Deliberate and Adopt Plan (The approved Comprehensive Plan will be put into a final format following adoption). FINANCIAL IMPACT N/A RECOMMENDATION At this third and final hearing, Council is asked to consider the draft Plan and the public input and provide any final direction to the staff regarding the final Comprehensive Plan document. The Council is asked at their December 16, 2024, meeting to adopt the Plan. ATTACHMENTS A. Response to Final Comments on Plan B. Proposed Adopting Ordinance for Comprehensive Plan Periodic Update C. Comprehensive Plan Elements for Public Hearing D. Background Reports for Elements 20 N N N E N u 4) 0 N E 4J 0 z a) i 0 Q a) cc N a) C. C w f0 % a •C E s -Cu cu O o 'C fa c6 =3 - dJ H < previous OFM reports, with ment of Comme a, a, U °' t- = o •• o -o E - ca 4. 0 Y �; W d v • o aC, o a, o'er bOo `°b p ° ° C�,-o oui �.N �'� to a a o a a, -o 0 ° ° c._, .,� O z O o .O o -o ,. a, ' ° o ,, o 1) R, 1) p O �o�� �7 �� z.�biva ����oo� U _ O -C O o tm.� 0 •, ,) O s cad v0 0, , C; .^ cd 0 ,.� NN ' DiJr_. 2 O b O O coOO C `� o U N s O 0 O 0 ova a°, ro 0., 3 ro � .° ~ "o '� 0, U O 0. a, 0 0 174 >, Y o v y • O, • c, is a, C ,--, 0 p,, -0 O v i. s z R, A o •- C: d U ° ,' ,' O ti `� p" C: C O O" 3 r�i, `*O a .E 'O . ° E H 'O 00 1 .O t\ a, = > 'O v, • bA ny" r-, = ^d • U Q i �"-'bqObi c�Cva,NO a) cd cO, 0c,"'�E3Y�-�yQ"g•oy° ?�_74 co E W �UE.ct° o'�a,-oEp,:19 c °xa�, co N --0 _T� �i 0 3 P, O, cCd .� U ''L'' o '� C w E. 0 `d Wlj .> . > E • O H G O O, C ,,, s o c , U Y y Q + C7 U ro N Q =d C N V U ,- 'o m a, '7 E 'sl, E a '�, 0 at 0 0� o o oc9 ..-.;- �°, ° 0 Q,'� b cic H .2 0 U 0 — 0. d 'v >, a .`_. 0 o ,t71 ° c�a R, ,o . a 0. 0 N 4— O a, bA as o_ 21 N o N iuE - cu c.) a) CD ---. a) E2 a) > o z ...._ in 0J in C 0 0- in 0J CC ...... tn +0 tn a) = C. • w ca re ..... CL 4 (1) 45 . 7, E CE a) o -Cu a) E 5 o 13 kJ c tx) ra = ). u c —V 1:1) = bp I""' < 2 2 N O N aJ E v (.> a) CD a) E a) > 0 z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o s u a) I— s— a) Cl.s o � kJ'0 to ca =3 c - a, I- < 0J H i 0 Vs Cr0. esi At this time, the City of Tukwila has not identified any lands needed for City purposes. The City provides its commitment to work with the County and other jurisdictions in any future siting of essential public facilities in LU-Goal 6, and policies LU-6.1 and LU-6.2. These priorities are described in the Natural Environment Element, page 2, and policies EN1.1, Goal EN-5, and EN5.1 (and policies 5.2- to 5.3), and policy EN-4.3. Comment • Planning and regulatory requirements of municipal stormwater general permits issued by the Department of Ecology that apply to the county or city. • Local waters listed under Washington state's water quality assessment and any water quality concerns associated with those waters. • Interjurisdictional plans, such as total maximum daily loads. d) The Land Use Element must provide identification of lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools and other public uses. RCW 36.70A.150 and WAC 365-196-340 In our review of the land use element we did not find language and/or mapping identifying lands useful for public purposes as described above. We found reference only to the Parks, Recreation, and Open Space element — lands useful for trails, open space networks and additional parks and civic spaces. We recommend adding policy language and/or maps consistent with RCW 36.70A.150 and RCW 36.70A.160 to the land use element or adding a reference within the land use element to the element where this required provision is located in your comprehensive plan. e) The Land Use Element must contain policies to designate and protect critical areas including wetlands, fish and wildlife habitat protection areas, frequently flooded areas, critical aquifer recharge areas and geologically hazardous areas. In developing these policies, the city must have included the best available science (BAS) to protect the functions and values of critical areas and give "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries. RCW 36.70A.030(6), RCW 36.70A.172, WAC 365-190-080. Best Available Science: see WAC 365-195- 900 through -925 In our review of the draft land use element we did not find review assessment, or policy direction that would reflect the city's long-term approach to local and regional critical areas el.7r. kr) O m a) ao as a 23 7:t7 N co N 0 cu a) 0 05 0 E a) z a) C 0. a) CC tr) 440 C. cz CL 4/2, (1) E c E cu -Cu 1.- (1) E 5 0 13 C tti = 1:11 tx0 1"1"* < New policy is provided in the Utilities Element : 0 ow CL _c 4-, 4.-, -0 C 3 > C (o U) a.) *.P cu a) • v) :P t..) , co C M _., 4- L- V) 0 co 4- o u co u :-•-• :„, -c ••' .F4)- cu 4-, ..0 4-, c = CU 73 co = a. E ° t)i) u co c (1.) v) CC, CD = -v) a) ... v) 4c 0 . _ L) c ,CD 4-, C CO C . co )._ 73 2P w 2.) ' a) 0 33 (1.) '6' 5 -a c 02 TYa) ) tlo 0_ C mo c o co a) U •4-, CU C 07) v) co -0 (c) E..) = Cl) = CO C 4-, -0 _C 0 == v) ..p 4- 0 Cl) L.) 0) cr) (1.) ,.., _c ..y) Cl)4-, s_ 4?,4 = *s7 U = 0 4- co a) 0 —C 4-, 0 )- = (13 +, . § III C a) o tto C Lfl C >,. CD a) N _ = 0 co 0 o ..c CL u N v) ID „,^ -o C73 CLt • ?•• • " V) P.• L.) 0 -5 t) a) E ct -o ch o Cci u .0 0 t, ).1), o ct 'r) --o " L.) U Cci c.) rfl 0 c.) 0. E 0 >-) C) c.) C) C) Cci 0. 0.) C) C) a) C C) 0 C) ccs ci- cci c.) 0 C) cci 0 0. 0 crr C) C) C) a) U cci . •L'Z' 0 0 ca) c.) •-c) -9 c u •- E u • F3 al I) • - u -o 'EA • 0 a) O 0 la,' ?.0 • - 0 u co 3 E .c.) 0 , 773 L) • CI E u cci ) .t 4 cci cci < 1.) E 1.) Ecci a) `4* u (1,2 ccs o 2 ,Cn) ccs o C) "z o ;- o ;77 L:9 0 to 0 0 •- > 3 0 ct Added corresponding policy to Land Use element N C cu ci E 0 CU (L3 0_ 0 C tr) 0 a) C E C a) o_ (s12 ;•0 C +.6 o.. -0 C o vi u -2 cid a3 cD 00 C D CI) Note: Tukwila is not considered a High Risk Community for Wildfire Hazards in King County. 0 -c:s *-4-, 0 5' 8 .7) E (1) E o 1(2, 7:J r-- LF2, o L-• • — c7) (i) `,%] E • `e • ,-E `cr.> o 0 o 75) • c)c) -F) 7'5 "61) 8 ;-.6 cci . c4 7< -5 c•-zcci 0 ) cci 1.) 00 v 5 Lo; E cn Cocci69 g cll • le) cc$ 7:3 , ,Lt. `) ° ca.n) .0 ccs 1.) cu 0 0 t zt_ .- t= 77) r,4 C-4 -c) 0 7,1 cn C.,) 0 „ I) 7:7 2411 o cz 0 -0 Ls")C.ij c]). cz1 7:s o -Es"v) CD (1.) • 0 v) tv) 0 E 4t0.(L) c.) E,)EE10E r -< "10 a) 0,cci (4_, 0 CCS '1121 CCS >" Ci) 72, 24 N O N i aJ E a! V a) CD a) E a) > O z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o s u a a) Cl.s o � kJ'0 to ca =3 c —V a, I- < Response No development regulation updates are proposed with this periodic update. Legislative updates will be adopted within 6 months of the periodic update of the comprehensive plan will be incorporated to be consistent with state law. Updates related to SB 5290, required by the end of 2024, have already been adopted. Emergency Housing needs are addressed both in the Housing Element (policies 2.4 and 2.5) and in the Housing Background Report (pages 32 and 42-43). The target number cited (1,242) is consistent with the adopted Countywide Planning Policies. It is recognized that emergency housing capacity is not compliant with Tukwila's adopted targets and changes to development regulations related to emergency housing allowances per site and buffering between sites need to be updated in the future It will be necessary for the Council to adopt emergency housing regulations consistent with requirements following the update of the Comprehensive Plan update. Comment h) The city shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan, per RCW 36.70A.040(3). Based on our review, the development standards with which to implement the comprehensive plan elements, policies, and goals are not yet available or are incomplete. Please provide a draft of all associated development regulations and zoning updates for the Tukwila Comprehensive Plan 2024 draft comprehensive plan so that it may be reviewed for consistency with the Growth Management Act (GMA). RCW 36.70A.106 2) Housing Element a) The Housing Element must include an inventory and analysis of existing and projected housing needs over the planning period, by income band, consistent with the jurisdiction's share of countywide housing need, as provided by Commerce. RCW 36.70A.070(2)(a) amended in 2021, WAC 365-196-410(2)(b) and (c) In our review, we did not find a projection of emergency housing and shelter needs included with the housing projections in the draft Housing Element or Housing Element Background Report. We recommend including the city's allocated emergency housing needs in the Housing Element, as required by RCW 36.70A.070(2)(a). Additionally, we recommend providing a table or other documentation of local allocation of housing needs by income bracket. For additional guidance, see Housing Element Book 1, see #6 of "minimum standards for identifying and allocation projected housing needs" on page 60. b) The Housing Element must include identification of capacity of land for housing including, but not limited to, government - assisted housing, housing for moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters and permanent supportive housing. RCW 36.70A.070(2)(c) amended in 2021, WAC 365-196-410(e) and (I) 13 00 Cr, 0 N d- 4- O Ln a) bA co d 25 N N a) E a) a) 0 a) E a) 0 z a) o_ a) cc 4.0 a) C. cz a. a) 45 .71 E • E a) o 0. -C E 5 O -0 kJ c • (13 = Cu ...V W I—• bi) < := as a) 0 a) 0 0 ro c.) ro a) 0 0 a) 2 taw cO • U) 0 I a) -0 C C (1) ro E kg) tato m a) >. _co b1:1 LE 0 a) ,„, cs) ,A , -a:s • E • c., = = a,„ ,.» a) = (.4 , I) .." ..4. 2 ';-'' -cs 1) ''' g) ' 6 v c,..5 I-) --'as t 4:1 r--- 7S s, .-5 0" ° a U CVT; ° a) 0 0 ct ,... -0 >..-. p 0....• 0 -= CD ra,,-= s- ct to tO c/D ,-, . ,_, • ,--. .... c,-. • 7 = = c,3 a) ,) .7"d up ct ,-. = :101) v = '4c..) -0 0 ,i'D' 'a •t4 ri) 0 = • . ,-. .._, 1:1:1 N ''''' ▪ i 1 (1)8 i C.) • p•,..,• — =.' E >-,2 '' a) '6)4 a) a) a2 -0 • ., ,9 ri ''. 0, 0- = ,,, — — — 0?.CS ) v CFZ alI c E .1-7' -0 r`'0 u, •,•- ,.. - CU ,__ • ,,,--. ,..,— c)] • E.' 1,,t; u C.) 0 .= 0 -2 CU O ''' 0 • p Ln Ct 0 ,-, 0 0.) ct 4, ' %1) CC -0 >1-0 C., .41 >" = - = V C)10 CrT. • v)-'''' v)al 'E -OU -2 ti) 1) E _c ,-• cal '-5 F0,-: to o _ u o c ...- c .,- u .... cas • to V • 5 7, C.) ,-,(1) g "C) C.) p. • j .,F, 3 7,a: -8 Z ?.0 0 a) u -,-• c I-) - _,u -•,,, ,.-. ,), 0 ie, 0 -0 c-, o ,•-• --c7,• ,.. 77,• c = r 0 '4 '-0 cZt ;—, t,f) • Ct 0 „ s" = 0 CU E '-0 a p 75 a$ c..) tct — o 0 ,- a) '4- .;] tit = I) = .,. 0 ,- 1) ,= '1") (-) L'-' ,-. ° 7-0 7: — -a 0 0 a' - ,9 —, 0, a.) — c) 77; (7) -, r_., c-) .-= ^ .-E •-; .1t. 0 • 7., -.c P, c '" ;-. a:s 0 a9 u ° •-• •-'" ' -= a =`" W -a") 'E. cas ••_, o to ".• ,-,•-• -0 a) c = E '- -`c13 c c:- E E) , to , ti) .c •-c:, cas -c a a.•,, ,s2 - - 0 - 0 • .,.. ,., .,..so. ou E,2 .L.; u to = - - . = 1., .i) N p •g u ct-d •,,— ob v) -5, ,,, , •-cs -' • 0 -0 E t,i) th ;7_; t=0- 1) = c E at •,,,- ,Y,17,' a) at -0 ▪ E P, •' v) '- •5' a - '5' ,,, ,L, -:e, 5, 5, , •,7,, • 4 t 0 a) • ,, a) .= ,.,,, ,..9 '4‘., .r4 ,„ ,,.0 e, >-', 0 0 _Ts 2 -= -rt u `1 ---' ` •= '-1-' z,-- ‘... = ,-, • , 0 0 - - t, c) , E o l, 4-• c 'h E ' 7-1 = ›, '' aas ct ...... ,.....- , F• ,,, ..--, = 7:::, = 0., a, aas ,), 0 = 0 a) - ) ,-, = ..- .,„ ci., ,L., to 0 0 , ,, ,...• ,, ,..., — c..) 0, ,..0 = . •" ,...> , -0 -c:$_. toz .....- E c c T:L •,--. ,L) c • - tc , „, -o •-: - 4 H u c.• 9" ...° a) LI) c, a) -a C.) C/D "ri .-. -,',J) ,te E- c9 '' u ,,, ¢ '6 7, -e, -,5.. 0 0 -0 7r < ,:a' = *L7 • •=" - c - 1) 7:1 p .L::; _ _ 0 ..- :,,Ig 7:$ 73 '`; E ,9- t oa:; U) a) ro ro ro -0 ro -0 a) a▪ ) 0 E 0 a) a) _0 _C U1 a) (.) 0 4-, > C • CL) 0 E a.) + , a.) ro CS • a) 7", ro 0 _c co a) C C a) • - 0_ -c < 26 N O N aJ E a! 0 a) CD a) E a) > 0 z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o s u a) a) Cl.s o � kJ'0 to ca =3 c - a, I- < H i 0 0. VI gi Cr Page 34-35 of the housing background report has extensive discussion of racially disparate impacts relating to zoning, divestment and infrastructure availability. Forecasts and project identification/prioritization sections have been added/completed in the background report. All forecasting includes all modes of transportation and land use and job assumptions are consistent throughout all Elements. Comment We recommend including key findings from the Gap Analysis in the Housing Element and refer to Housing Background Report for more details. Include a list of barriers to affordable housing needs, including barriers to emergency housing and permanent supportive housing, Housing Element Book 2, see page 50 and Appendix B. Include a list of actions needed to remove barriers to affordable housing, Housing Element Book 2, see page 61 and Appendix B. Note: identification of barriers to affordable housing and actions to remove barriers do not need to be in table format, but both items need to be present in the housing element. d) Identify local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing, including: Zoning that may have a discriminatory effect; Disinvestment; and Infrastructure availability RCW 36.70A.070(e) new in 2021 While the materials in the city's Housing Background Report fulfill this requirement, we recommend including key findings from the Racially Disparate Impacts Analysis in the Housing Element and referencing the Housing Background Report for more details. This could be in a statement of whether data shows if there are disparate impacts. Note: Commerce recommends using a variety of data available for all jurisdictions as provided on our Ezview site and in Housing Element Book 3, pages 33-36. 3)Transportation Element a) The Transportation Element must include a forecast of multimodal transportation for a minimum of 10 years including land use assumptions used in estimating travel. RCW 36.70A.070(6)(a)(i) and (a)(iii)(E) amended in 2023, WAC 365-196-430(2) (f) ilial c \I 27 N O N a, a) U a) 0 a) E a) > 0 z 0J C 0 Q 0J CC a) C. W ca a v CJ •� E s -Cu s 0 O -13 ra =3 a) < L ro a) ro ao C V C I- O Q a) CC C O dA u (9 v L 0 +.I v (9 C v a) L rO C 0 ro N Q ao LI n ^2016. Implementation Strategies include an update to the ADA Transition Plan. A complete ADA Transition Plan is required to be in place within 5 years. a) � U (V 0 "O 0 (6 ro (D an C � 3 O L � u ate) � +•) an C a)v- co E a, Q- a) +� E O C o CU O +O-+ C (D N a)) Q >, N 3 C a) u O L CL r 0 — u C 'O ao v C �) Ca) C C a) o cu C L E 'y > Q C C o v v cu v -a v EL O O bA } N C (6 a) 'i a c a) L N 'E C C (6 u N a) , a) ++� L a) N N a L _, a v L 4- O C 0 Q 0 (6 a) L +J an C 0 O 0 v (6 Q a) L a) (0 co 3 Q D O u 115 (6 O i an d a) an C CO d z a) O .> L N u C U (1) C L v tic Q E E o w wy on c O 0 o ^ C N v1 ca •� N ct ti C C. cu O U w, > N C '.4 CNN-O,n O oti C OO t�On 'O '-. C O O N U O O O -C tt c • Fd a) -0 0 .� p ;�, -d U ct v Z Co�� c' N �. Z. • o o o C � � � ti 3 o .� ?. o y0� °' �'> v, u O ,'n ud* 0 �0�C '0 � � ?, � � = CCO N cCd 0 C \0 c rl' i--i C. o. C, C., o o� a C o o• = !hl.h • vn 0.� � N ,y C '.0C C N '-D ti U C O + vj O ch ti O uO� M ,C::'A, N, L. `C 6: _ , '7 .! 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(13 as 0 _C C c CL 0 MS = +.5 _ 51) co NI .4-• -0 73 E c .0 as a) u 0 v) 2 c ' 0 _ > 1- 0_ C 0 ro -cs o_ EL) a) E .5 -c O 2 '13 = a)>- _c - C44 a) •0 >. • _c -0 4- C 0 tap o 0 = Q...) 04 C)• 7.; )•7 0 0 2:: -0 ) 2'3 0 0 00 04 ,C7 cy-, • 4- 0 00 (•7 .••,- 0 (=,0 -0 C.) 9', .Z "(7) - 0 krj '0 0 u rn -., ,N ,••,) 0 •(:) C).-+-> -"ct :;)"' u Zi 0 0 Zt Z ,••,' ,tt- • Q L. 0 • -dNy C) kr-) c c:S <kr-) • -• a) 0 Cci a) C) C) LL C) C) C) • 00 ti E 7r• C0 C/) V) vN 0 ° CL) a) -157 u G.) 0 4-) 0_ cp O -0 0 rts - ro _c eto - C '40 .§ 0 C 0_ CIO a) CU = C u 0 ... = c ' 0 o cu .1-2 C c E .7) .0 G >5 O. c .as 0 0.) - , C.) CD •••t0.0 0.0 > 5 ).- CU 4-4 2 0.) -0 a) 0.0 E o -fp c a.) 4- to ..-, if) c D ra a) .7_ o +-, c >. -cs rp D , _,_,- JD C) 0 .p 0.'E ) 0_ 50.0 ., 0 0 r° „ , CU -0 t..) u.) ...., E m a) v) 0 .. 1- CU v) 0.0 5_ 0., C ._ L... s ro w _ca •• ., o. I- Ci- bo W."' 0, ,-•• .0 to ?..o o N .0 t.) • ,r) 0 0 c)" k•.) 0 0 - tot) NoL - 0 • N z b4) ".",;,", 4- "•-: "•-• C7) L. CZ' ',•) j 0 z)1... -) • ••- -0 0 0 z • "-) 0 • (,) (•') 03 :2 z a"; • -5 -t5-; z L., o 5.0 o 4.D 0 • O u 0 •-z3 555. z C)C) 4, N p.) 0 -0 t4) 555., C)-C) 4- " 00 •-• ry-) rat) .42) .... 0, 0 p • 1`;', o 0 • N z z o z 0 -0N -0 70 C)C) cciL -6 a) "6 C V) cTs C) 1- E a) 0 C)042 C.) En -IC C)C) C.) c0 • 0 0 0 ,..0 • c 6.- a) E • -• E a) > L., a) R3 72 a) C) • - cas Q /' N 4- c3) a) o.o as o_ 29 N cp N E cu (.> a) 0 a) E2 a) z 0J C 0. a) a) C. ca CL a) 45 • E • E a) 0 - Cu a) I- 0) -• c E 5 o c • ra = 1:1) 1""" • < 0.) tn Z 0 Ct. (1) CZ Capacity totals for all non -emergency housing have been updated using Department of Commerce recommended methodology to demonstrate adequate capacity. 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CL 4 cl) 45 . 7, E CE a) o -Cu a) E 5 o 13 kJ c tx) ra = ). u c .—V i:u = bp 1"1"' < Response EN-1'3 Collaborate with federal, state, and tribal fish and wildlife agencies to identify priority habitats and species, to establish appropriate protections to ensure no net �loss ofecological functions and values. Noted Noted. Staff will be taking steps shortly after the adoption of the periodic update to ensure regulations support density and growth required in regional centers, such as removing residential uses with densities that would not support the required activity units per acre. 4E) ea E E o Q Plan Review Consistency Tool Identify open space, trail, and park resources and needs, and develop programs for protecting and PSRC Comment on Draft Tukwila Plan The city is commended for including a policy and parks level -of -service to provide parks within A and Y2of all residents. PSRC: uses the Trust for Public Land's ParkServe mapping tool to identify park gaps. ParkServe shows that today, 82% of Tukwila's residents live within a 10-minute walk of a park Regional Center PSRC will do an in-depth review of regional centers in2025following comprehensive plan updates. Existing regional growth centers are expected to meet the standards identified inthe Regional Centers Framework toensure redouignotipn.All work needs tobesubmitted tuPSRCbvMay 3O, 2O25,tobeconsidered inthe redeaignotion process. Since Tukwila does not currently have o certified plan for the regional growth center, certification will beneeded based unconsistency with regional criteria shown inthe Centers Plans Checklist. 1* to col 3 4 N N a) E v 0 a) 0 a) E a) 0 z 0J C 0 a 0J CC a) C. Y ea re a i • CJ C E s -Cu a) o O c • ra =3 aJ I- • < cu 0 cu CC E O 0 O U C a) N C 0 U a) a) C ° CO O N I- 0 W 0L. co N Ca' a) U L.- a i O a) c i a) C 0 U U < a- PSRC Comment on Draft Tukwila Plan a) 0 O7 O o C } co ° C U C '- N a) a) > N a) U • E c o 0 O a) C -00) U 0 0 0 •2 a N ° O N z a o C • a 'c .-' O 0 } U N a) 0 - •1-, ° Q .E O a) O C Cl) 0 C D • C co a) ° N O 0 2 o ° o +_ a U CD ° C C) U C a-, • .5 o '> a) O7 V C 0 O ° iS) C N '- O ° a)a 0 0) a) L • CI CI O N En: (/) O C C 0 0 • a+2 a) O 0 C O c 0 O O 0 cw O 0) i C O a o E ° a a '6 E c a) E N •C C E o D E w Q •E 0 2 a E p O E a)u_ L a) D 0 U) N a) C a) U C a) E -0 O o •0 QO E O N O 0 a) c 0 ° (n o -c � O}' C O N C a) ° N 2 C O 0 L' Q _ a) a) a 0 U 0) C� C ^L W C a) U ° C O 0) a) a) a) 0 L44, a) N TD Q O O 4O ow L N C O N 4- >' O a >. 0 >. C -0 ° a) 0 C° a) C ° a 0 0 L co 0 L 0 co 0) a) Y ° a) C H 3 O °) a) C a) U N 4- 0 U() a) GA (o a 35 N cp N cu 0 a) 0 a) E a) 0 z 0J C 0. a) CC a) C. • (1) • c4 CL (1) E CE o -Cu cu (1) E 5 0 c M = (1) • tX0 1"1"' < cu sdl z so ct. tn cu cc Travel demand forecasts, safety improvements and projects to meet demands are now included in the background report. Major maintenance and preservation projects and programs are included in the identified project list now included in the background report. All forecasting includes all modes of transportation and land use and job assumptions are consistent throughout all Elements. Projections have been confirmed with PSRC staff that they meet the adopted growth targets for Tukwila. Project projections to 2044 are included and a complete list of projects needed is now in the Background Report. A draft ADA Transition Plan was Comment the center can meet targeted levels of growth within the planning period. The jurisdiction should demonstrate its work to address opportunities identified in the market study. Puget Sound Regional Council (11/6/24 letter) — Transportation Element Liz Underwood-Buitmann Growth Management Puget Sound Regional Council oc — 4 6. 1- 0 W 0 I— - 0" 0 C 44' .5./2 (/) C 0 (-) 0 .5 (1) c 0s-, a. >. E' i -- a) ›. 1— t cns a) E (L'n -0 0 0 0 -,.. .r 0 CY) CD 0 - c 2 a) > f('' 0 c) r, ? " (ri (1) •-• C5 `-' - -73 E C) C3 ° C5 4...• C -0 E c .0 >•• C -1-' a) W a) 0 E E a) TD 0 a) a) -c > 0 o-) c o o 0 o 4--' c ris- D E Q) ,-, •-• -I—' D m`j .c , ,5 4 -0 -0 -0 0 C C C a. w a a a 1-0' 7r I- ai. 0_1 ia) 0 4- 0 ' -- 45 E 2 ?; a) .‘, (i) a ..., TN 0 C) c.,,,, CDOcctc 0 C a) C u) .0 0 0 • .- ° C) c oo-c)u.) .50c-0 .= ?.' -2 ° 0 0 IA 4-r 0 e•-•• >„ > co 0 c , 71- 4.4 ,•••• co a a) W I .4= a) (1) Cn • - -0 I-- C (i) 0 C (-) 0 - (1.3 E„) 0 04= 0 C•I 7:5- a C415 cn .J-. C 0 o • 2 C 0 +E. a) E E 0 0 0 cc (i) a. el N N 0 LC, a) 36 N O N aJ E v u a) 0 aJ E a) 0 z a) C 0 Q a) CC N a) C. C f0 CZ a v aJ •C E .0 V t E O '3 C =3 -G a) < vi 0) O O) o E C I - O C C c O O U C- a) 4 C 'o c a) •E o > a) 0 a DBE O 0 E 4) 4) E 0 O cn N a) U a) C 4i U C 0 4) i 0 4) -o a 0 O) 4) O U) C 0 O C a) E a) C 0 a) U C N C 0 N a 2 C C .--+ a 0 O 0 4) a) 0 -0 Q demand forecast mus a) 0 a) L F- 4) 0) O L O O) a) a 0 0 a) L L C a) U) U) C O U -0 C -0 C a) p p O O 0 0 +4 0 O C4-' a) EN O C a 0 - N 4S E C +� 4) cn a 3 N _• 12 tOn 0 c C O us 0 to a 0 0 0 C a) C .0 a). - C O a) a) _O O L 0 d't. a) p 4 _c a '- I-'0 C C - C E O 0 �� 0 o D D d. c d 0 F; O N t- 00 0 Q( 0 0 U N cr O O C IS) r .-+ _o co N a) u) a) O (0 p 0 p r 0 a O D 0 O p a 0 a �� a h- O � a) O 2 C 0 0 a-+ a) 4--0 0 E L 0 0O C � � 0-0 U) " o 0)C C ��.o o��o� aa) O pc o o �> o a o �.0 00 N O 4., �� CO 0). 0 O .0 00 C O :,_, O O a U) C O H cn a) U 4) 0 E O C D 00 5 .0 O a) a '5 .N 0 C a) O U O a) 0 O U C O N C 0 :-7, 0 0 a U 0 w r C 0 O a) c � 0 a) 4--+ cn •N O a) I-Il 0) 0 0 a E 0 oC Q> 0 a0 >- �O (-Ni C 0 C - O oo C a H 0 c U 0 a) a C O 2 0 0 c _se -0 0 a) 0 > : o '5 Element Guidance. N 0 N v on n3 a 37 N N E cu (.> a) 0 E a) z (1.) C 0- a) a) C. • w ca CL a) a • QJ E • E cu 0 -Cu cu a) CL _c E 5 o c • ra = 1:1) • bA 1"1"' Response Financing section has been added to the Background Report, including a multi -year financing plan. 0 -d C (/) CO King County Affordable Housing Committee (10/3/24 letter) Claudia Balducci Affordable Housing Committee Chair King County Councilmember, District 6 Cn 0 id .--:,- ..1- ---, co 1 In 0 o 0 a) --- a) o _ -4:-; .4.-_., 0 I -0 cn al o o ° F CO 0 L.- -0- - 0 0 O)Y) 0 0 (/) 0 1 et ,._ • .._ Cc•—c D u) u) u) ao.,_,4,-/, (n-coc9,-,-- -5 00au, i 0:6 '-d: >-c° E cy) (n „so o T3- a:5 a c — -_-. 0 ou.00C0C0._ e >. h co c•NF 0 -) 0 • 0 D ,- t .— Q) I—, 0 ....., cc) (.) 7 CY) .— ,c 0 1-5_ .4-, C C 0 6 =4"-' 0) -0 0 0 A" *() T3 T:),_ :15 < _ 2 c co -0 co -a " o 0 a)>, .(5. 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U Le) 13 6 ...c a) V. a) 0 o. efl a) 0 CL C C C ro a. ) Relevant Count 013 CO s- ',G 0 "E) c co +, 0 cs3 -0 C _C O a° 0O - E cu 2 'un) • = E Urn -a 0 U -O c41) .7 T:u" 0) 0 0 O '5 " 0— 4- _c >. -a c C) _ cu o_ m u E (1) C CD W rn u 0 0 CD s... 0 U UC1) (ci.0 0_ > c cu 0 a) C U 0 C • ‘.4) LT. -0 u a) a.,(L) (ciC < 4-, ao -a c :°c ci7) Q) _C 0 • c 2 2 ra < 0_ 0. 4- ,v 0 _U, O ra c °CU a) -c I- 1- CI- C ro 0- 12 -0 -0 0 C _C C • - vs 0 CU 0 •E-0 • 4-4 2 as < VI 0 0 4-d (.) y_ C ca. E m 0- o E CD a a) c 0,4 cu o T.) 4.) 0. O 4-) C -a >- -a co 0 m C o cici E (NI tc' a) t10 c ._ 4-0 N 0 CZ) N a) tto 0_ 40 N O N aJ E v 0 a) CD a) E a) > 0 z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o s u a) I- s- a) Cl.s o � kJ'0 to ca =3 c - a, I- < 0J H i 0 Vs Cr0. esi Demographic and housing related data points, including by race can be found in Section 2 — "Community Profile" of the housing background report. Comment production in all neighborhoods of diverse housing types that are appropriate for residents in all stages of life and all household sizes. H2.1. states that Tukwila will encourage development affordable to all income segments sufficient to meet needs consistent with adopted targets. Neither of these policies names housing affordable to 0 to 30 percent of AMI households or demonstrates a clear prioritization of extremely low-income households. Implementation strategy H2.(1-3).1, which commits Tukwila to amend its residential development standards to incentivize broader diversity of housing types, increase incentives for affordable housing, and reduce regulations that increase housing development cost, also does not mention extremely low-income households. Recommendation 3: To align with CPP H-2, Tukwila should explicitly prioritize the housing needs of extremely low- income households in plan policies and implementation strategies. For examples of strategies Tukwila could use to align with CPP H-2, see the CPP Housing Chapter Technical Appendix. 4. Complete the housing inventory and analysis (CPP H-3) Relevant Countywide Planning Policies CPP H-3 directs jurisdictions to conduct a housing inventory and analysis to help identify and address the greatest needs as well as summarize the findings in the Housing Element. Tukwila's Proposal and AHC Findings While Tukwila's submission includes many data points and substantive analysis, the AHC could not find specific information required by CPPs H-3(b), (g), (m). This includes: b. the number of existing housing units by condition; g. population age by race/ethnicity; and m. the housing needs of communities experiencing disproportionate harm of housing inequities including Black, Indigenous, and People of Color. This analysis should inform additional comprehensive plan policy responses and strategies. 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(ci v-I (1) 00 U ro 0- co C 0 a) a) E c > CL) -c E c a) (aC a, UJa,E c a.) 2 D LU N D >- 0 o_ C (3 lC) D N •ct 0 CO N a) 00 48 N O N i aJ E v (.> a) CD a) E a) > O z in 0 in C 0 0- in 0J CC N a) 3 C. ca re a N v = • a, .0 E a) o s u a) a) Cl.s o � kJ'0 to ca =3 c - a, I- < Response (The response to these comments was provided in an email — below is excerpted from that email) Noted. This will be addressed in final formatting Critical areas are shown on our City GIS system, and if appropriate, our code requires submittal of a geotechnical study. I have augmented the reference to critical areas and geologically hazardous areas in the Background Report, p. 3: Tukwila's critical areas regulations also define and map geologically hazardous areas and coal mine hazard areas and require geotechnical evaluations and corresponding design requirements to reduce risks created by development in such areas. These critical areas are shown on the City's iMap GIS system, and the Washington Department of Natural Resources has developed an interactive database that can serve as a resource for identifying geologic information: Geologic Information Portal / WA-DNR. We will provide this link to King County's heat map — the County is in a better position to complete the analysis needed to develop such a map, and the City doesn't have resources to maintain this map. We recognize that it demonstrates that there is a concern about the outcome of heat events; this condition drives other policies that the City has adopted (e.g., tree canopy, etc.) I have attached a sheet listing out many of the Goals, Policies, and Implementation Strategies that specifically address critical areas and climate change — this list is based on the various Comp Plan elements; there are additional references in the various elements' Background Reports. The City is scheduled to develop its climate change element in 2029. Comment On page EN-1 and EN-2, the sequence of information is a little off. Paragraph 4 on page EN-1 seems like it should be located elsewhere so that the box (Figure #?) on page EN-2 goes directly after the statement, "Some of the benefits of trees are shown as follows." On page EN-5, EARTH RESOURCES AND GEOLOGIC HAZARDS "The City has mapped areas with steep and unstable slopes, including active landslide areas, to ensure that there is adequate review of slope stability if development is proposed in these areas. In addition, there are coal formations on the southwest side of Interurban Avenue South, some of which have been mined and are defined as environmentally critical areas based on the City of Tukwila Abandoned Underground Coal Mine Hazard Assessment, May 1990." Suggest stating which of the geologically hazardous areas exist in Tukwila, and then noting that the development regulations are in Title xyz of the Tukwila code. It would be good to have a map of the geologically hazardous areas. On page EN-7, "Recently, King County created a heat map', showing how Tukwila, with a relatively large, paved footprint, can reach extremely high temperatures and is unable to cool at night during extreme heat events." Do you plan to include "heat map"? Good to see Goal EN-9 regarding geologically hazardous areas and Goal EN-13 regarding climate change. 13t.0 N CO Cr, N 4- O al N a) GA c6 d 49 N cp N iuE - cu c.) a) CD ---. a) E2 a) > o z in 0J in C 0 0- in 0J CC .., tr, +0 tn a) = C. • w ca re ..... CL 4 (1) 45 .,.7, E c E a) o -Cu a) E 5 o 13 kJ c tx) ra = ). u c .—V i:u = bp I""' < Response The Comp Plan has adopted by reference many other City Plans, and various other plans. Some ofthose plans are discussed briefly inthe ZOZ4Comp Plan. The Transportation Element/Plan draft (which was completed in late September) and is part of this Comp Plan. * As noted, the City will develop a climate plan in 2029, although there are many policies throughout the 3034Comp Plan that address Climate Change. Noted. Thank you for your offer. This language was added to the Natural Environment Background Report, p.3, and p.EN-2 ofthe Element: The Washington State Growth Management Act (GMA) requires counties and cities to designate and adopt policies and development regulations to protect critical areas (R[VV]6.7OA.05O;VVAC365'190). The Natural Environment Element sets forth goals and policies to guide the protection and management ofwetlands, watercourses, springs, fish and wildlife habitat areas, and geologically hazardous areas — collectively called "environmentaUyoribca| areas" It also includes goals and policies related toflood management, surface water management, water quality, and the urban forest (the combination of trees, shrubs and other plants that make � upthe formal landscaped areas ofthe City and the natural areas inour Comment None ofthe Elements | reviewed included much ofa description nfthe connections between this comprehensive plan and other plans like the hazard mitigation plan, the climate p|an*,the transportation plan, and soforth. Many ofthe comprehensive plans I've reviewed have lists orparagraph descriptions ofrelated plans. Overall, the Comp Plan Elements reviewed were written well, but reveal a lack of detail on critical areas (including geologically hazardous areas), climate change, hazards, hazard mitigation plans, and how those are integrated in land use planning in Tukwila, with comprehensive plan elements, development regulations, climate plans, transportation plans, hazard mitigation plans and so forth. Many of the comprehensive plans I have reviewed include more details on these areas, for example including narrative, maps, and lists of related plans. If it would be helpful, I can provide you with some examples of comp plans that have this information more Below, | include our usual language for future endeavors. Recognizing the limitations ofthe current proposals, | want to mention that it would be great for you to consider these in current or future work, be it in your comprehensive plan, development code, and SMP updates, and inyour work ingeneral: ° Consider adding areference toVVAC3G5-19O'l2O geologically hazardous areas for definitions inother areas besides the CA[}. In addition, consider adding a reference toVVAC]65-196-48Ufor natural resource lands. %-1 x—I N x—I CN •::1- 4- 0 (0 m a) to ra o_ 5 0 N O N aJ E v V a) CD a) E a) > 0 z in 0 in C 0 0- in 0J CC N a) 3 C. ca re a N v = • a, .0 E a) o s u a a) Cl.s o � kJ'0 to ca =3 c —V a, I- < Response parks and on private property). The policies and development regulations addressing critical areas in Tukwila are guided by the Washington State Growth Management Act (RCW 36.70A.050; WAC 365-190). This language was added to the Natural Environment element, p. EN-2 Tukwila's critical areas regulations also define and map geologically hazardous areas and coal mine hazard areas and require geotechnical evaluations and corresponding design requirements to reduce risks created by development in such areas. These critical areas are shown on the City's iMap GIS system, plus the Washington Department of Natural Resources has developed an interactive database that can serve as a resource for identifying geologic information: Geologic Information Portal / WA-DNR, Noted. Thank you. Staff recommended version shown in draft Plan. (as shown in track changes to the left) v E E V • Consider adding a reference to the WGS Geologic Information Portal in other areas besides the CAO. If you have not checked our interactive database, the WGS Geologic Information Portal, lately, you may wish to do so. Geologic Information Portal 1 WA - DNR • If you have not checked out our Geologic Planning page, you may wish to do so. Geologic Planning WA - DNR Planning Commission (remaining questions) Policy Change recommended in comment received at 3-14-24 Planning Commission Public Hearing (comment from Tukwila Human Services Department) Policy CC-8.1 Support implement the City's human services strategic approach and program in providing to support a solid foundation for all Tukwila residents through by providing high -quality services and actively collaborating with service providers to help meet basic needs and job readiness, including: • Safety net for urgent and basic needs, 1* N Cr 0 r-I m a) on co a 51 N O N aJ v 0 a) CD a) E a) > 0 z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o .c u a) I- s- a Cl.s o � kJ'0 to ca =3 c - a, H • < H i 0 0. Vs esi Cr Staff recommends retaining the policies as shown in the Land Use element. This policy protects Tukwila residents and/or businesses from displacement by communicating and assisting in locating replacement locations/ development. Staff recommends retaining the policies as shown in the Land Use element. This policy focuses on protection of residents in affordable housing. II Reasonable measures are actions that counties and cities in Washington state can take to address inconsistencies in their comprehensive plans and to remedy the supply of buildable land. Because Tukwila fell short in both its housing and employment development rates, Tukwila is required to provide Reasonable Measures to rectify the predicted shortfall. Options that the City can consider are listed in the Implementation strategies listed in the of City's TOD Housing Action Plan, and in the Goals and Policies listed in the Housing Element and Land Use Element. Further discussion of potential measures to increase Comment • Positive and healthy relationships, • Support for self-sufficiency, and • Information referral (and system navigation). PC vote tied 3:3 on whether to strike the policy (1-25-24) Policy LU 7.5 Mitigate potential displacement from City actions through communication and collaboration with existing tenants, business and property owners, and seek to replace lost commercial and residential spaces within redevelopment. PC vote tied 3:3 on whether to strike the policy (1-25-24) Policy LU 7.6 Emphasize preserving and replacing affordable housing in redevelopment. Public Comment Mike Pruett Segale Properties 5811 Segale Park Drive C Tukwila WA 98138 / 206/575-200 Comment/Question #1. Page 69 of Attachment C indicates the city will implement "reasonable measures" such as changing zoning and permitting procedures and other measures to speed housing production. Can you elaborate/provide more detail on what changes will occur and how that will accelerate housing production? ell N m N 0 N m CD on co a 52 : N O N v E a) u a) 0 v E a) O z 0J C 0 Q 0J CC N a) C. c \ a N 01 05 •� E s -Cu c s O c tora =3 - GJ < C1 0 cu CC A N o O a -c +, O +, CO L ° v, v > (o a) m U tit +' C C o _o v -0 . v a)o _c o_ ° CIA o Q C ' CO xv 4- CO tioco •a' v (B L a v O 2 a) v) C (6 a) 715 E C _o 03 O C 13.0 oz5 v O a) Q OCO H O LL C 0 c 2 C to (a° a aco O E � � o _co >- I O v w I- LL 2 >- ro N ci O 00 v aJ ro (o ro ro v C 03 u C ro C v E a1 v C v E Q O a v 0 u E O C O U W a) s O 4- cc v CUD (6 Q C 0 a) +-, 0 v 0 03 o -0 C v Cco > v E s E O N 4- c° .� a�i Q o +� '� C a 0 +� o v E C n3 C C v v c (v +, c v s v a ,� N s v = v v a 4 Y E O E d 0 .CIA � @ C i @ �_ > N vi > j LA O ° 3 (o N t 7 v C vi a) O +, + E (B +, a� c� C C ° a)-o eL a) v L °' u v 0 0 a) c CO v �, v O `�° > cn t o CIA ro .4., > v +� D v CU I— u v E i Y E v '� Y +� (O S a •N 22 a1 C '^ 0 O v oA O_ L O C oA v (o (o N u +, a1 v s +� +J u Q +s, +, to v > O •v c v~ O O C C C to -0 u 0>> O` U >to,O C C Y ro +, -6 v C co L >� (6 (o v v >� U 7 o E o v a; E °+,' c p ti o a o o v p c~ 3 v +, v c_ C C v., N p o L aJ -2 0 C C v t v, aJ C > ro N (o 0 oA E N C +� ro 3, +, ° c 2 v v v �, a n2 `� a@Do o f° o .3 • > OD LL °' vE co p .cvE !WM' (�N n C u s +, Y> >, C i E v v -'oA v> v ao C'� C v 7 C v H +y, +; (6 j .p +-, •+�, '., OV v C E p p o c° o v E v v .L Y C- ° C o G v° v §- ° O v cc Q ca + v C +, w N t p p +� Y co ay + a1 ro 0 a.,-, , c •E Q O '� a>, o v O o c O 1:11 - -0 VI Cv •°O+ ro v O v +� +� i p v, +, v >iv Eaa _c-C: ac v v (n (ac > +, E t v v co v L O 9 .E O v +, Q n3 `4v, L p on • E c-0 E c v 0o E E u' E v a v �' v v w Q v v o 3 O 0 0 C 0 C v 0 0 a) C a1 `~ N_ coo a1 t o 'x L 01 _ C U < (o u u° (o u Q° u u .Ti '0 H (n .E an .- u C +, 0 E +, +, H N 4— O Cr) m v on a 53 N O N aJ E a! 0 a) 0 i a) E a) > 0 z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o s u a a) a.s o � kJ'0 to ca =3 c - a, I- < aJ H i 0 C. col CU CC As noted above, there are a range of implementation options the City can consider (as noted in links above). Please see the response to Question #1 for further links to discussion and policies within the plan update. We would be happy to discuss how these options may apply to Tukwila South/Prato District. This discussion was grouped by zones, then by overlays. The TSO is an overlay that augments the TVS zone —The zone identifies the preferred land use, while the overlay adds additional regulations to that zone. If the overlay went away, the zone would still be there. The following proposed policies address Tukwila South: LU 4.2 addressing the Tukwila South Overlay is grouped by zoning classifications affected: Areas under the Tukwila South Overlay includes lands designated TVS, HI, LDR and MUO, and supersedes the provisions of the underlying zoning districts. It is intended to create a multi -use employment center containing high technology, office, commercial, retail and residential uses at the south end of the City. LU 3.10 addresses the TVS zone: The Tukwila Valley South (TVS) designated areas are characterized by high -intensity regional uses that include commercial services, offices, light industry, warehousing and retail, with heavy industrial subject to a Conditional Use Permit. Mixed -use residential is Comment there is more than enough opportunity to ensure project cohesiveness. There are also residential design guidelines and standards that further provide for cohesiveness and commercial development guidelines that also do the same. The Tukwila South approval and Development Agreement provided a vision for the future that can and will be followed. Its time to let go of negative statements about the project that have persisted in city documents through the years. Comment/Question #3. Attachment D of the Comp Plan again mentions "reasonable measures" to correct Tukwila's historically low housing and employment growth. We would like to discuss and understand what policies and implementation measures that city is considering and how they might relate to the Tukwila South/Prato District opportunity. Comment/Question #4. Why is the TVS zoning designated areas discussed on this page. The TSO overlay supersedes the TVS zoning. Shouldn't there be a paragraph on the TSO zoning and the opportunities it provides rather than the underlying zoning the TSO zoning supersedes? lel 54 N O N aJ E v V a) 0 i a) E a) > O z in 0 in C 0 0- in 0J CC tn a) 3 C. ca re a N v = • a, .0 E a) o s u a a Cl.s o � kJ'0 to ca =3 c —V a, I- < Response conditionally permitted within 500 feet of the Green River. These uses and densities are modified where covered by the Tukwila South Overlay. This area was addressed in the 2015 Plan as follows: Tukwila Valley South. A specific area characterized by high -intensity regional uses that include commercial services, offices, light industry, warehousing and retail, with heavy industrial subject to a Conditional Use Permit Mixed -use residential is conditionally permitted within 500 feet of the Green River. These uses and densities are modified where covered by the Tukwila South Overlay. Tukwila South Overlay: This master plan overlay area includes lands designated TVS HI, LOR and MUO, and supersedes the provisions of the underlying zoning districts. It is intended to create a multi -use employment center containing high technology, office, commercial, retail and residential uses at the south end of the City. (See Tukwila South element in Plan text.) Tukwila South Master Plan Area; This area extends generally south of the Southceriter Subarea to South 204th Street. It is based on unique conditions including the presence of significant water features such as wetlands, watercourses and the river; topographic changes that will influence the future development of the land; and a large contiguous area of land in single ownership that will allow for unique planned development opportunities. (See Tukwila South element in Plan text.) Thanks for your comments. I have taken the liberty of sorting them by City department likely to be involved: I've live here since 1978. • Economic Development/Public Works: • My wife is from Ireland and they have a Tidy Town competition. We need to have a competition between towns and one among residents for the cleanest and most beautiful towns and peoples yards with substantial prizes donated by local businesses. t' v E E V Brian Kennedy 7/31/24 I've live here since 1978. My wife is from Ireland and they have a Tidy Town competition. We need to have a competition between towns and one among residents for the cleanest and most beautiful towns and peoples yards with substantial prizes donated by local businesses. The planter dividers on our streets should constantly be landscaped; we shouldn't have to click fix them. The city needs to enact strict rules on loitering and public intoxication. These people should be N O m a) on ra a 55 N C) N v 0 N V a1 0 v 0 E a1 0 z 0J i 0 Q 0J CC N a) C. • W f0 a N 0.) � C E .0 V • s O O c • ru =3 a) • < C 0 N a) v C_ CO U h C CO a) a-, C ro 0 U 0 0 t a1 v +J V) 0 0 v Ca-) C co 0 a) L H aA C 0 C cci C 0 nterviewed to see where the E a) t 0 u 0 ro > t C/; a v v t 0 -o 0 E a) C 0 0 0 a1 L E v L v V 0 a ro C as ra • 0 4-, as v 0 C O 0 t 12 1 0 0 V.) v v L H C 0 0 u_ 0 C u 0.1 0 C ro ao C C 0 a1 U ro C v 0 v v C u aJ L H v ra 0 C 0 s rn a) a) C 0 U U as v 0 s v ra ra E v s + -, v bA C C C 0 ro +J C s v v v v 0 v v v c v 0 v 0_ 0 a1 O. v v V) a) L 0 0 ro Q E v i aA C a) 0 t >- a) L ro -a ro C ro ra a) 4-, a1 O ro +- , O C 0 t rn L _a v 0 H a--, a) U _0 ✓ -0 H 0 t 4 a) „) c Q ( C a0 Ga ✓ al -0 L ✓ v bA > ro C ft5"r'0 o 0 as ao o x Y U 0 O t 0 N v L H C 0 a ro H C ro ra a E C v C v ro v v Q v ra N a1 C 0 V U CO v7. co rZ v rn a) s v 0 a) ro 0 a) ro 0 C 0 y v E 0 s I H v ro a✓ 0 C v v ro U a) 0 a v v L i, garbage, illegal parking etc. The city should We should not have to click fix gr • 0 Q C 0 ro C a 1 ro a) 0 s a✓ v ro v ro C 0 a ro O a) 0 0 v al F- v 0 0 L •3 v C co 0 0 u U v L H a u L v rn C co E v 0 d ro a • rant or cafe that the a) t C 0 ro H C ro ro c C v C a1 V m co 0 a) 0 a1 ro a) 0 t U) 0 0 • v a1 tn 0 C v ro u C v N v ro -o ro H C v dA v 0 L v 0 L ro Q a1 a t ro 0 v a1 t L v > 0 a1 CO O v O ro v 0 C O t g a1 E O L v v s H aJ a) ro E 0 cc ro .4-, celebrated not abused. 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C CD N a C a) .0 co • .a) E C r0 r0 v N Q DA O 0 a) u 0 +J co c -- v 7 a E N 4(19 • 0- O_ Q O C O E > a) O 0 a) n +J u -o 0 Cv a ro a) L 7 L I i a, 75 s CU 4-4 ra (1) a) a) L r0 L) CD 0 a) C t 03 +J >- o 3 0 0 v C 'p O N co 'c 0_ 0 L c o_ co l0 a) Y O Q -0 T(13 CD E C a) a) v a) u C tD a) co a) L DA O Q 3 rn rn a) U V ao C a) 0 CO (3) t E O a) E r0 75 a) a) c 3 a--� r0 t r0 V CD 4- O t a) VS a) t C a) a) a) a) 4A C a) > CO O a� VS C a) E a) a E c r0 U C DA .VS co r0 L U VS N VS C a) E a) Q E a, VS a) t H C O co a) L 4- O DA C E a) Q O v L O LO Q a- ) U a) a) O +J C ro C 0 ro a) -C O O -c CD (1) (D La) a) v as U L u a) O Q -o co DA C E C r0 Q as Q ra u Do c .o .c C 7 N O U T I U Fa T YZ7 C Cf L F ro csJ a) I co bA ct rn W aci > a aJE C rn E a) ty U Q. C E DA C 0 CO CD C 0 ra a-,� CD 4-0 -C DA CD C C a) 0 Q ra 0 O r0 n na Q 0_ • u c u a N O N m a) Do co a 57 N O N i aJ v (.> a) CD a) E a) > O z in 0 in C 0 0- in 0J CC N a) 3 C. ca re a N v = • a, .0 E a) o .c u a) a) Cl.s o � kJ'0 to ca =3 c - a, I- < Response associated improvements, the area does not currently support transit -oriented development (TOD), and to rezone to TOD style development without supportive improvements would be premature. 4. The area within the station buffer is current within a Manufacturing and Industrial Center (MIC) designated by the Puget Sound Regional Council (PSRC). As part of designated center this area is intended to support a clustering of industrial jobs, not necessarily compatible with a TOD development concept. While staff agrees that the boundary for the MIC should revisited and likely amended, this process is required to take place with consultation with PSRC. 1) That communications with Sound Transit cite the specific goals and policies of the Comp Plan related to the BAR Station design and decision -making to make the connection to the Vision clear. a. There is substantial communication and lobbying that has taken place over many years between the City and Sound Transit. Staff agrees that future visioning should take place to ensure development standards and allocated resources are aligned with the desire for the station area. However, with a final station location not formally selected, and an anticipated timeline of a 2028 construction start and 2031 opening, if it is determined that Plan policies should include specific guidance, those changes could be made during the annual updates of the Plan to ensure there is adequate public engagement in the process. 2) That specific reference to the historical and cultural importance of the Duwamish Hill Preserve, and Tukwila & King County salmon recovery areas that are immediately adjacent to the proposed station site be included in the Comp Plan. a. The Duwamish Hill Preserve is addressed as a Special Use Park in the Plan's Parks, Recreation, and Open Space Plan. Staff will look to add language regarding the cultural significance of the Duwamish Hill Preserve to the Native t' v E E V Mary Fertakis Public Comments — Tukwila City Council Comprehensive Plan and BAR Station Language Monday, Nov. 18, 2024 There appear to be 4 components of the comprehensive plan that have a connection to the BAR Station project, with goals and policies that intersect and support each other: • Vision • Transportation • Land Use • Economic Development The meetings we have had with Sound Transit's community engagement staff have continued to emphasize the importance of being able to connect Tukwila's vision to this project. I was glad to see specific language related to the BAR Station and these components of the Comp plan, and would like to offer some specific language suggestions to strengthen this connection. 1* N O co m a) on co a 58 N CD N cu a) 0 05 E2 a) 0 z 0J C 0. a) CC a) tr, C. ea re CL r, a) E c E a) o -Cu 1.- a) -c E 5 o c ra = u ...V w < >.• C E E U (1) ea section of t C C cu E 0 C American C Character Element. 0) UI (1) 0 0 C '•G as Ln (1) 0. 0 a) _c 4-, s°2 _C re 03 0) _C 4-, C NJ 0.) C sa2 _c co _C m 0 0 as a7) 4, _0 (1) 42 ro • (13 Ln .77 ni -e3 s-L C — 4-, — re -0 1F3 a) ro as ._ L7_ >- -C 4-, ay C (.) C F_ L.) C CU a) S 0_ 0) co 0 4-, _c c > ••= a.) _s_ C1A cia 03 C It, 0 c (/) 0 CD s_ 0.) .tr) t-- C • - 0_ :•0. 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CO -C 0 4-, Ln C re 0 C - s_ le s_ enhancement to the neighborhoods. -o C CO N 0 C) m be ro o_ 5 9 N N a) E v U a) 0 a) E a) O z a, C 0 Q aJ CC N a) C. • w ea re a aJ c • aJ C E s -Cu a) o O c to ca a) F- < C O co a) C O aA G N J tab 0 Co Co a, C 0 NJ C a) col N LC 1- a) C a) U Co U) C bA C s- v Co C Ca 2 I 0 0 a) C a) 0_ 0 a) a) u 0 C O U a) O a) a) t a) s C 0 a) C 0 C a, 0 co VI bA C 0 N a) CC 0 N 3-+ h.A C 0 C C a, tan C 0 Co i 0 0- N C CC) H >- U (1) C C 0 U (L) a) C N Co a CII E bA Q C O L F- co a) Ca tao U, a) 0 O 0 U a) U, C6 0 C Co F- Goal 5 — Environment • O a) 0 iA Ca a) CII a, v N 0 aA C I- CC) 0.. 0 0 O Q a) -o Co U C Co c O) C 0 .> C v N a) bA CO Co ao i U 3 H to C Y Co cv a) Co N 9- O O a) GA co a 60 N co N a) E v U a) 0 a) E a) O z tU C 0 Q 0J CC a) tS /CR w lV a •C E .0 V s o c tQ =3 aJ < CC 0 C 0_ O 0 o a, C a) O -0 N_ -C i CD u ro -0 2 v a) a) CCS J That communications with Sound Transit cite c i o a> c cB C a —I 4-' •• v �° O J aJ 0..O -o O a) a) ii d > i CO ��, 4A E a N ca = co +-, O bA Q Li) U v v sLa CD -O ro a) Q .D Q O = L CO a) C +J L 4—, % a) a) 4-+ U VI a1 tB t ns O O C a) L F O E Q O C.)O .v) 0 :EU 'O C v Q-a E )4/4 LO vOi a) �' +' V) C a) 4- C 'U a1 a-+ U CO N a--, o a) 0 O L O O C �O a I a? a.., O a) a--+ a--+ cn U .N 0-�' 0 a) 4— a) N -0 a) C a) VI 1 .N U U O ca C O=tip N L 0 Q m cB cc t C. U CU co a) tip ca Q a) Q 4 -, a, c _C ca u c c a) o L ID CU a, 4- as }' +) C ca is CO a) i v) a) O a) C a(L N N t, LU +-+ E o )U a) mo o U Q v ocn Q ? a`) Q o a�i o aco t v ro f° a' v v 0 o .3 v - CO ., L E v 1— U Q L 4— U H Q J N 61 N O N aJ E a! 0 a) 0 i a) E a) > 0 z in 0 in C 0 0- in 0J CC tn a) 3 C. c w ca re a N a) _ • a, .0 E a) o s u aU I - a) a.s o � kJ'0 to ca =3 c - a, I- < a) H i 0 o. tn cu OC Sentence added, page EN-3 in 2025, the City will revisit its Critical Area regulations to ensure that they reflect current best practices and recent legislative requirements, a, E E V Continued Staff Review Minor update acknowledging that the City's Critical Areas Ordinance will be reviewed and updated in 2025. 1* 62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING T TUKWILA COMPREHENSIVE PLAN I WITH THE REQUIREMENTS OF MANAGEMENT ACT; ADOPTING LE = LA IN SUPPORT OF SAID AMEND i�'T; PRO SEVERABILITY; AND ESTAB IN AN DATE. WHEREAS, the Washington State RCW 36.70A.130, requires that all cities to review and, if needed, revise R ' co complies with the requirement WHEREAS, on Dece Comprehensive Plan b it cyclically thereafte CITY OF OMPLIANCE GROWTH FINDINGS G FOR E CTIVE ement Act ("GMA") pursuant to eriodically take legislative action nsand use plan to ensure the plan City of Tukwila ("City") adopted its initial No. 1757 to comply with the GMA and has amended WHEREAS, Ins 3, th City initiated the mandatory 2024 update of its Comprehensive Plan in o '" ce with RCW 36.70A.130; and WHEREAS, under the schedule established in RCW 36.70A.130(5)(a), December 31, 2024, is the deadline for the City to comply with the required update; and WHEREAS, the GMA requires each jurisdiction to establish public participation procedures, whereby updates, proposed amendments, or revisions to the Comprehensive Plan are considered; and WHEREAS, the City developed, and the City Council accepted, a Community Engagement Plan on June 12, 2023, identifying the following: the outreach objectives, key groups and stakeholders, previous planning documents that would be reviewed for their findings, communication methods and activities to be employed, and a proposed schedule of outreach for the Comprehensive Plan's development; and Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 1 of 5 63 WHEREAS, during the Comprehensive Plan update process, the City solicited public input and publicized the update efforts through articles in "The Hazelnut" and "e-Hazelnut" community newsletters; email messages to a list of community members who self - identified during the 2015 Plan Update, signed up for more information on the City's website between 2022 and 2024, and signed up at various Comprehensive Plan outreach events offered by City staff; Community groups identified and contracted with for input on housing issues and by contacting staff directly to receive more information; and duly noticed public meetings, work sessions and public hearings in front of the Planning Commission and City Council; and WHEREAS, staff prepared an analysis of the Comprehensive Plan currently in effect in Tukwila for consistency with the requirements of RCW 36.70A and, based on this analysis, staff prepared proposed revisions it concluded are needed to comply with RCW 36.70A; and WHEREAS, during review of the Comprehens addition to containing technical information and d elements contained content that was addresse accomplished, or were no longer consistent w should be updated and/or consolidated and s WHEREAS, the Tukwila Planning C proposed Comprehensive Plan amendm WHEREAS, the Tukwila PI the draft Comprehensive PI forward the draft plan to the WHEREAS, on Significance Adde Statement (File # E proposed Comprehens Act ("SEPA") and the Tuk hat other ele io - l and s and it was determined that, in out of date, numerous s, had already been e policy direction and dered the technical analysis and arch 2023 and March 2024; and sion held a duly noticed public hearing on 024, and following public input, voted to a recommendation for adoption; and the City of Tukwila issued a Determination of Non - Comprehensive Plan 1995 Environmental Impact ch analyzed the potential environmental impact of the mendments, pursuant to the State Environmental Policy unicipal Code, Title 21; and WHEREAS, pursuant to RCW 36.70A.210, the City must collaborate and be consistent with regional agencies and their plans, including the King County Countywide Planning Policies, the Puget Sound Regional Council Vision 2050, and the requirements of the Washington Department of Commerce and other state agencies for periodic updates of comprehensive plans; and WHEREAS, the City submitted the requested portions of the City's draft Plan to: the Affordable Housing Committee of the King County Growth Management Planning Council on August 7, 2024; the Puget Sound Regional Council on August 7, 2024, and October 7, 2024 (Transportation); and the Washington State Department of Commerce and other state agencies on September 20, 2024, and September 26, 2024 (Transportation), to provide the required 60-day state notification (under RCW 36.70A.106) for comment; and Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 2 of 5 64 WHEREAS, on September 23, 2024; November 18, 2024; and December 9, 2024, the Tukwila City Council held duly noticed public hearings to receive public comments on the recommended changes to the Community Character, Land Use, Regional Centers, Housing Economic Development, Natural Environment, Shoreline, Parks, Recreation, and Open Space, Transportation, Utilities, and Capital Facilities Elements; and WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by staff, the proposed revisions forwarded by the Planning Commission, and the public comments received, the City Council; and WHEREAS, at the conclusion of its review and deliberations on December 16, 2024, the City Council approved the amendments to the Comprehensive Plan as set forth in Exhibit A hereby incorporated by this reference; NOW, THEREFORE, THE CITY COUNCIL E CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOW Section 1. Findings. In support of this oCity C.'" ncil adopts the above recitals. The City Council further makes the foil: .s .ditional findings: A. B. C. D. E. The proposed Comprehensive and other applicable state laws; The proposed Comprehe countywide planning p The proposed Comp whole, and to th The propo material co The City Coun Goals enumera of the GMA; nts are consistent with the GMA Pla endments are consistent with applicable 2050 policies; endments are beneficial to the City as a ety and welfare of its residents; e Plan amendments have been processed in II applicable procedural requirements; nsidered, and has been guided by, the GMA Planning e. r� CW 36.70A.020, as well as all other applicable provisions F. The City Council has considered, and the proposed Comprehensive Plan amendments satisfy, the criteria set forth in Chapter 18.80.050 TMC, as applicable; G. All relevant requirements of SEPA have been satisfied in relation to this ordinance; and H. All of the proposed Comprehensive Plan amendments have been considered concurrently so that their cumulative effect has been appropriately ascertained. Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 3 of 5 65 Section 2. Amendment of Comprehensive Plan —Adoption of 2024 Comprehensive Plan Update. The Tukwila Comprehensive Plan is hereby amended to provide in its entirety as contained in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. A copy of the Comprehensive Plan, as amended, shall be maintained for public copying and inspection at Tukwila City Hall. Section 3. SEPA Substantive Authority. The adopted Comprehensive Plan as amended hereby, inclusive of any future amendments, is hereby designated as a basis for the exercise of substantive authority under the State Environmental Policy Act by the City's responsible official in accordance with RCW 43.21 C.060. Section 4. Non -Substantive Document Formatting and Administrative Procedures Authorized. Upon authorization of the City Attorney, the City Clerk may make non -substantive editing changes and updates to the f , atting, color, and pictures in the Comprehensive Plan consistent with best avails.w,,:,;;:}''echnology to the amended Comprehensive Plan after adoption in order to prov n consistency and clarity in formatting and content. The Mayor is further authors Ito l ent such administrative s,r procedures as may be necessary to carry out th ections o ' legislation to include incorporating the amended Comprehensive PI �; nd •arin apublishingthe same. p 9 p p'= g Section 5. Corrections by City Clerk or Co of the City Attorney, the City Clerk and th corrections to this ordinance, including th local, state or federal laws, cod ules, �= �-gula section/subsection numbering Section 6. Copy to De complete and accurate Commerce, Growth Section 7. Sev phrase of this ordinanc invalid or unconstitutiona eviser Authorized. Upon approval e authorized to make necessary erica) errors; references to other ons; or ordinance numbering and merce. Pursuant to RCW 36.70A.106, a ordinance shall be transmitted to the Department of vices, within ten (10) days of adoption. y section, subsection, paragraph, sentence, clause, or plication to any person or situation should be held to be any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality if the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Page 4 of 5 66 ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Exhibit A: 2025 Comprehensive Plan Amend Comprehensive Plan GMA Version 12/04/2024 Staff: N. Eklund Ordinance Number: Page 5 of 5 67 68 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 12/09/24 CT ITEM INFORMATION ITEM No. 5.C. Spec 2.E. STAFF SPONSOR: MARTY WINE ORIGINAL AGENDA DATE: 12/09/24 AGENDA ITEM TITLE 2025-2026 Contract with CFM Advocates for Federal Government Affairs Services CATEGORY Discussion Mtg Date /1 Motion Mtg Date 12/16/24 El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY 2025-2026 Contract with CFM Advocates for Federal Government Affairs Services REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: 11/25/2024 Community Svcs/Safety 11 Finance & Governance Arts Comm. ❑ Parks Comm. COMMITTEE CHAIR: Planning & Community Dev. Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office Comm' Ill EE Unanimous Approval; Forward to 12/09 COW & Special Meeting Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $72,000 per year AMOUNT BUDGETED $72,000 per year APPROPRIATION REQUIRED $ Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/24 MTG. DATE ATTACHMENTS 12/09/24 Informational Memorandum dated November 18, 2024 Draft 2025-2026 Contract for Services Minutes from 11/25/2024 Finance & Governance Committee Meeting 69 70 TO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor McLeod Finance and Governance Committee FROM: Brandon Miles Director of Strategic Initiatives & Government Affairs BY: Cheryl Thompson Executive Coordinator DATE: November 18, 2024 SUBJECT: 2025-2026 Contract for Federal Government Affairs Services ISSUE The City would like to contract with CFM Advocates for Federal Government Affairs Services for 2025-2026. BACKGROUND The City previously contracted with Summit Strategies for Federal representation and legislative services. The contract with Summit Strategies was terminated in April 2024, and the City conducted a Request for Proposals for Federal Lobbying Services which closed on October 15, 2024. DISCUSSION CFM Advocates submitted a proposal for federal lobbying services for 2025-2026. After meeting with the top two proposing firms, the City has opted to pursue an agreement with CFM Advocates. The CFM Federal Team consists of six full-time lobbyists and two administrative support staff. Each lobbyist brings a unique set of relationships and experience working with Congress and the federal government. At least one Partner will serve as the primary point person and work with other dedicated staff members to provide services to Tukwila. They specialize in representing municipal governments in the Pacific Northwest. Beginning in January CFM Advocates will visit the City of Tukwila to learn what the City hopes to accomplish in Washington, D.C. They will conduct interviews with Tukwila's elected officials and/or staff to become familiar with the City's federal priorities. CFM will monitor federal policy legislation, inform City officials of issues that may hinder or advance Tukwila goals, provide guidance and assistance regarding federal funding opportunities and identify key officials and contacts for City staff. The draft contract provides these services at a monthly flat rate of $6,000 per month, not to exceed $72,000 per year without written authorization from the City. 71 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to move this contract forward to the December 9, 2024, Committee of the Whole and the December 16, 2024, consent agenda. ATTACHMENTS Draft 2025-2026 Contract for Federal Government Affairs Services https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2024/InfoMemo re 2025-2026 Contract for Federal Government Affairs Services DRAFT.docx 72 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and CFM Advocates, 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 Federal government affairs services. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, mater equipment and supplies. 3. Duration of Agreement; Time for Performance. Thi effect for a period commencing on January 1, 20 sooner terminated under the provisions herein 4. Payment. The Consultant shall be pai rendered under this Agreement as folio Payment for the work provided by "B" attached hereto, provi not exceed $72,000 pe written modification o Payment as provid services render, to complete The Consulta available for insp period of three (3) request. A. B. C. gre -nt shall be in full force and nd endin• cember 31, 2026, unless sp 'fied. by the °` �`� or completed work and for services hall be made as provided on Exhibit l amount of payment to the Consultant shall a rate of $6,000 per month without express ed by the City. ection s all be full compensation for work performed, terials, supplies, equipment and incidentals necessary d accounts pertaining to this Agreement are to be kept representatives of the City and the state of Washington for a s after final payments. Copies shall be made available upon 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. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 1 73 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 Insuran e, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been m lly negotiated by the parties. The provisions of this section shall survive the expiratio' -rmination of this Agreement. 8. Insurance. The Consultant shall procure and insurance against claims for injuries to person or in connection with the performance of the w representatives, or employees. Consul agreement shall not be construed to li provided by such insurance, or otherwise at law or in equity. m ain for the .tion of the Agreement, to property which may arise from under by the Consultant, its agents, nce of insurance as required by the f the Consultant to the coverage 's recourse to any remedy available A. Minimum Amounts an ce. Consultant shall obtain insurance of the types and with the d abed below: 1. Auto Liabi ' ,,'ns�nce with a minimum combined single limit for bodily } injury . .ropert amage of $1,000,000 per accident. Automobile Liability insurance l co all owned, non -owned, hired and leased vehicles. Coverage i, shall be writt 5 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. 74 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 2 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Autome Liability and Commercial General Liability insurance policies are to contain or endorsed to contain that they shall be primary insurance with respect to the Ci A ;, surance, self-insurance, or insurance pool coverage maintained by the shall b :� a cess of the Consultant's insurance and shall not be contributed or c• ,hu ined ith it. D. Acceptability of Insurers. Insurance is to ed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultan al t "°e City with original certificates and a copy of the amendatory eeme ncluding but not necessarily limited to the additional insured end. me � evi`� cing the insurance requirements of the Contractor before co e work. Upon request by the City, the Consultant shall furnish ed cop! ''"s of all required insurance policies, including endorsements, r bsy,�� a th reement and evidence of all subcontractors' coverage. F. Notice of Ca policy cancellati Consultant shall provide the City with written notice of any o business days of their receipt of such notice. G. Failure to Maintain,+"rance. 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 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 3 75 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. 11. Discrimination Prohibited. Contractor, with regard to th Agreement, will not discriminate on the grounds of r origin, age, veteran status, sex, sexual orientation, affiliation, the presence of any disability, or any federal law, in the selection and retention of supplies. rk performed by it under this ligion, creed, color, national er i. s 'ty, marital status, political protecte. ` - ss status under state or or proc rement of materials or 12. Assignment. The Consultant shall not ssi_rsny of the services covered by this Agreement without the express written 13. Non -Waiver. Waiver by th y of pro` on of this Agreement or any time limitation provided for in this Agreem h b`� �, tute a waiver of any other provision. 14. Termination. A. The City res days written n B. In the event of the supervisory personn o te'' minate this Agreement at any time by giving ten (10) nsultant. a member, partner or officer of the Consultant, or any of its ssigned 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. 76 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 4 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: Brandon Miles Director of Strategic Initiatives and Government Relations City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following addre CFM Advocates Washington State Office 1220 Main Street Vancouver, WA 98660 18. Entire Agreement; Modification. This represents the entire and integrated Agr supersedes all prior negotia amendment or modification writing and signed by the epre reem her with attachments or addenda, n the City and the Consultant and tions, or agreements written or oral. No shall be of any force or effect unless it is in DATED this , at�' . ° , 2024. CITY OF TUKWILA Thomas McLeod, Mayor Attest/Authenticated: Andy Youn, City Clerk Approved as to Form: City Attorney's Office CFM Advocates David Hodges, Partner CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 5 77 Exhibit A Scope of Work CFM Advocates 1. Scope of Work: CFM Advocates will provide federal representation, strategic advice, and lobbying services for the City of Tukwila related to securing federal authorization and funding for key projects identified by the City and/or advising the City about matters associated with implementation of federal statutes, rules or regulations that could adversely affect the City's ability to deliver services to its residents. CFM Advocates will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City and to take advantage of new programs initiated by the current Administration. CFM Advocates' work on behalf of the City in 2025-2026 ill primarily be focused on representing the City's interests on the following initiativ A. Advising the City about opportunities to secure ral funs for major Transportation projects identified by the City, including but� '` "'limited to: • BNSF Intermodal Alternative Access Proje • Strander Blvd Extension Project; • Sidewalk improvements; and • Boeing Access Road Light' Sta need Federal funds). B. Monitoring feder Congress, kee net expenses responses with t ransit project, but Sound Transit may and entitlement reforms which are considered by rmed about policy proposals which could shift safety ral government to local government, and sharing City on Congressional delegation. C. Monitoring federal grant opportunities that align with city priorities, particularly around affordable housing, informing the City about these opportunities and the deadlines associated with them, and advising the City on the applications. D. Representing the City's interests in terms of the BNSF intermodal rail yard in Tukwila, keeping them informed about developments that may be adverse to the City's interests. E. Monitoring Congressional implementation of the Infrastructure Investment and Jobs Act (IIJA) and advising the City about discretionary funding Notices of Funding Opportunity (NOFOs) associated with implementation of the IIJA. CFM will also advocate for the extension of these critical infrastructure programs in Congress. F. Monitoring and advising on Congressional efforts at immigration reform and funding to assist cities. 78 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 6 CFM Advocates' work will primarily be focused on the interests outlined above, but in terms of overall federal policy, CFM Advocates will continue to generally monitor legislation being considered by Congress and will inform City officials about legislative proposals that will either advance or hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general monitoring will be possible Congressional action governing telecommunications and local control over franchising, environmental, energy conservation, affordable housing, emergency responders, water policy bills, and general authorizations that would affect the work of the U.S. Army Corps of Engineers, the Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security. On matters of appropriations, Congress reinstated Congressionally Directed Spending (CDS) (formerly called earmarks) in FY22 appropriation bills and has continued the CDS funding through the pending FY25 round. CFM Advocates -xpects both the Republican controlled Senate and House of Representatives to con ';r supporting CDS spending in the FY26 appropriation bills. CFM Advocates encourage ity of Tukwila to identify three or four priority CDS project requests that can be sub d to _ Congressional delegation by early spring of 2025 to be included in the FY26 , • ropriation CFM also provides grant writing services as par time intensive nature of many of the Infrastructure Law, CFM provides its g additional fee of $12,000 for drafting ea pages in length. CFM will work Ci this fee would be appropria retainer -based contract. Due to the grant :' 'rams created under the Bipartisan es to our retainer clients for an ative that is expected to exceed 10 ukwila's leadership team to determine when Projects and prioritie • •e valuated in the course of the year as Congressional and City priorities and �.=nda '� pan ' , .nd new opportunities to enhance federal financial support for City are' ese ted. CFM Advocates will meet with City officials as requested by the C 2. Specific Services: CFM Ad sates will be responsible for the following: • Inform the City of key timelines for proposed responses to federal notices of funding availability that the City may want to consider • Advise the City about key federal officials and contacts that the City should meet with to advance its federal goals • Periodically brief appropriate congressional and federal officials about Tukwila's priorities identified in the above Scope of Work • Advise City of key dates in the congressional and administrative calendar that impact its goals • Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation • Advise City of new regulations, programs, or proposed legislation that relate to those areas of focus outlined in the above Scope of Work CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 7 79 • Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills • Continue to work with and advise the City about strategies associated with the BNSF intermodal rail yard and federal policies affecting its operation • Coordinate one set of meetings in Washington, D.C. for City officials, scheduling meetings with Congressional and administration officials and attend those meeting with City officials. 80 CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 8 Exhibit B Terms of Payment CFM Advocates will invoice the City for the work completed at the rate of $6,000 per month inclusive of expenses. Invoices will be paid within twenty (20) days of receipt. Pre -authorization for travel expenses or other extraordinary expenses that might be incurred during this representation must be authorized by the City in writing prior to presentation for reimbursement by the City. CFM Advocates 2025-2026 Agreement for Federal Lobbying Services DRAFT Page 9 81 82 City of Tukwila City Council Finance & Governance Committee Meeting Minutes November25, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell Staff Present: I. BUSINESS AGENDA Brandon Miles, Aaron BeMiller, Nora Gierloff, Laurel Humphrey A. Structural Plan Review Services Contract Staff is seeking approval of a contract with Reid Middleton in an amount not to exceed $300,000 for continued structural plan review services through 2026. Committee Recommendation Unanimous approval. Forward to December 2, 2024 Regular Consent Agenda. B. CORT Party Rental Contract Ratification Staff is seeking approval to ratify the contract with Cort Party Rental for installation of the temporary tent at Riverton Park United Methodist Church in the final total amount of $391,019.46. The cost is anticipated to be wholly or partially reimbursed with grant funds. Committee Recommendation Unanimous approval. Forward to December 2, 2024 Regular Consent Agenda. C. Federal Lobbying Services Contract *Staff is seeking approval of a contract with CFM Advocates in the amount of $6,000/month for federal lobbying services through 2026. Committee Recommendation Unanimous approval. Forward to December 9 Committee of the Whole and Special Meeting. MISCELLANEOUS The meeting adjourned at 5:52 p.m. Committee Chair Approval 83 84 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/9/24 BJM ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/9/24 AGENDA ITEM TITLE 2025 Washington State Legislative Agenda CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/16/24 7 Resolution /L1tg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date 7 Other L1tg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The City of Tukwila develops an annual legislative agenda for use in Olympia during the Washington State legislative session. REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: N/A Community Svcs/Safety /1 Finance & Governance ❑ Arts Comm. ❑ Parks Comm. u Planning & Community Dev. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMInEE N/A 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 12/9/24 MTG. DATE ATTACHMENTS 12/9/24 Staff Informational Memoradum, dated, December 3, 2024. Draft 2025 Draft Legislative Agenda Resolution PowerPoint Presentation 85 86 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Brandon Miles, Mayor's Office CC: Thomas McLeod DATE: December 3, 2024 SUBJECT: 2025 Legislative Agenda ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the Washington State legislative session. BACKGROUND The Washington State Legislature is a bicameral body with 49 members in the Senate and 98 members in the House of Representatives. Each district is served by one Senator and two House members. The Washington State Legislature will convene on January 13, 2025 for its regular session. The City's Legislative agenda provides direction to staff and consensus among the elected officials as to what policy positions are take on behalf of the City during the session. The South King County Housing and Homelessness Partner's Executive Board, on which Mayor Thomas McLeod serves, has requested that member cities adopt specific language around housing. That language is included in the first bullet under "Housing and Human Services." RECOMMENDATION Staff is seeking Council input on the proposed 2025 State Legislative Agenda, with adoption scheduled for December 16, 2024, at the regular council meeting. ATTACHMENTS • Draft Resolution • 2025 Draft Legislative Agenda 87 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2025 WASHINGTON STATE LEGI TIVE SESSION. WHEREAS, the Washington State Legislature will con v •r its regular session on January 13, 2025, and the City Council agrees to pursue certain I . ' atly ' moues; and WHEREAS, a legislative agenda outlines the p when speaking to members of the Washington St es that re: and ted officials may discuss WHEREAS, the City Council recogniz is agen. s not all encompassing, in that certain additional items may arise during the legisla !n th` r�� quire support or opposition; NOW, THEREFORE, THE CIT ! UN �` TH CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOL The Tukwila City Council Session that provide a fra 2025 Legislative Agen es for the 2025 Washington State Legislative advocacy on behalf of the community. The City of Tukwila orated by reference as Attachment A. PASSED BY TH • ;TY COU IL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk APPROVED AS TO FORM BY: , 2024. Mohamed Abdi, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: City of Tukwila 2025 Legislative Agenda City of Tukwila 2025 Legislative Agenda Version: 12/04/24 Staff: B. Miles Page 1 of 1 89 ATTACHMENT A City of Tukwila 2 Legislative Agenda Transportation & Infrastructure • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development and community resiliency. • f ndinq for the final hase of the 'Tukwila Community Center I IVAC y tear . • Honor funding commitments made in Move Ahead Washington. Housing & Human Services • Address the housing stability crisis by addressing all aspects of affordable housing, including homeownership for moderate income households and below, preservation of naturally occurring affordable housing, land acquisition to secure permanent affordability, permanent supportive housing, infrastructure around affor.. ble housing developments, and workforce housing. • Fund additional investments in behavioral health " ding in -patient and out -patient facilities, as an alternative to jail and align State la Yrth .` ,�t practices to allow individuals in crisis to receive necessary and life-saving se t°-s • Adequately fund services to support asylu >yr ekers, refug and immigrants residing in Washington cities. Support Offers = �f and immigration Assistance funding request for $61.5 million over two y Advancing Equity • Ensure affordable, high -quality bro ba et access as defined by S *:. 5717 is available to all households a. sine o provide educational, entrepreneurial, business and accessibility �` �ur allshingtonians to access the internet. Law Enforcement Expand fund t for co res, din mental health professionals to assist individuals experiencing b' =yioral he$ h challenges. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education • Implement needs -based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low-income students as a part of Basic Education. ure the state po undin for the 1 ukwiia h-'rorn se initiative, 90 Turisii • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. r l Obtain �.on �nq..� for �;r�r� cities andtowns folandn efforts ..._mm.. � � chi t� for the FIFA We d Cep Preparing for Our Future • Enact policies to prepare to combat climate change, including adequately budgeting for its effects and providing tools to cities to prepare and address the ramifications of flooding, pollution and other key factors. • Continue to invest in workforce education and job training to ensure Washingtonians have access to high -quality career and technical education opportunities. 91 92 \W ^/ W co M �► a) 5 CO 1- y) O J>, 4--, J b N 0 N N a) a . _, a) E • ive Session — 105 days a) _, N 0 N til N 0 N Cni. s—I >- CD = c co L n N o N N CN1 = s- N N 0 N 0' 01 CU C — 1 ttO D 2 _c 4-, 1..n N 0 N >- - a) > 4-7, U al 4- 4— U-I C Ct) 4-, 4-, (1) 4-+ CU -0 s _ CO CU o 1— -w X (1) C Cl.) +-- + s- 0.) > 0 C o L o %-i > a) 4-, co E ▪ > 2 o_ 0 co 9- 4, U c i= CV -0 4-, CI) bO -0 D _0 t/0 C 4▪ 7, CO " CU 0 C co b.0 C 0 co 4- 0 . — a) s- co 0 ._ ttO O.) 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STAFF SPONSOR: ADAM COX ORIGINAL AGENDA DATE: 12/09/ 24 AGENDA ITEM TITLE Allentown Truck Ordinance CATEGORY n Discussion 12/09/24 ® Motion Mtg Date 12/16/24 I- Resolution Mtg Date n Ordinance I- Bid Award Mtg Date ❑ Public Hearing Mtg Date I- Other Mtg Date Mtg Date Mtg Date 12/16/24 SPONSOR Council I—Mayor❑HR DCD ❑Finance I— Fire ❑IS ❑P&R ❑Police IIPIW Court SPONSORS "No Truck" signs were installed on roadways throughout the Allentown Community. SUMMARY However, no ordinance had been established to authorize the Tukwila Police Department to issue citations or infractions to commerically licensed drivers, in overweight vehicles, who fail to comply with the approved route. Residents of Allentown have expressed their concerns regarding overweight trucks in their neighborhoods. The Council is being asked to approve the ordinance. REVIEWED BY Trans&Infrastructure E CommunitySvs/Safety P Finance Comm. fl Planning/Economic Dev. E Arts Comm. P Parks Comm. n Planning Comm. 11/25/24 COMMITTEE CHAIR: ARMEN PAPYAN 1- LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMA"IEE Public Works Department Forward to the Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: GRANT AWARD Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/24 MTG. DATE ATTACHMENTS 12/09/24 Informational Memorandum dated 11/22/24 Ordinance Adopting a New Tukwila Municipal Code Chapter 9.54 Allentown Map and Roadway Table Minutes from Transportation and Infrastructure Committee meeting of 11/25/24 99 100 TO: FROM: BY: CC: DATE: SUBJECT: Public Works Department - Pete Mayer, Interim Director Transportation and Infrastructure Services Committee Pete Mayer — Interim Public Work Director Adam Cox, P.E. — Interim Traffic Engineer Mayor Thomas McLeod November 22, 2024 Allentown Truck Ordinance Thomas McLeod, Mayor ISSUE Approve the Allentown Truck Ordinance adopting a new Tukwila Municipal Code Chapter 9.54 "Truck Routes" BACKGROUND During the 1990s, "No Truck" signs were installed on roadways throughout the Allentown Community. During the 42nd Ave S Bridge Replacement Project and the Allentown EIS Project, it was noted that no ordinance had been established to authorize the Tukwila Police Department to issue citations or infractions for overweight vehicles. The Allentown residents have communicated to City staff their concerns regarding through -hauling trucks traveling through in a residential neighborhood. DISCUSSION The proposed Ordinance states that vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 26,001 pounds and 26 feet in total length will be restricted from designated roadways throughout the Allentown Community. The proposed ordinance establishes a designated truck route through Allentown that provides an entrance/egress route for vehicles exceeding 26,001 pounds. This ordinance enables the Tukwila Police Department to enforce penalties against commercially licensed drivers who fail to comply with the approved route. FINANCIAL IMPACT None RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the December 9, 2024 Committee of the Whole meeting and subsequent December 16, 2024 Regular Consent Meeting. ATTACHMENTS: Ordinance Adopting a New Tukwila Municipal Code Chapter 9.54 Allentown Map and Roadway Table Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 101 102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISH! CHAPTER 9.54 OF THE TUKWILA (TMC) ENTITLED, "TRUCK ROUTES SEVERABILITY; AND ESTABLISH A DATE. WHEREAS, residents of the City of Tukwi about through -hauling trucks within their neighbo infrastructure degradation issues that ari -a this A NEW IPAL CODE VIDING FOR FFECTIVE have brought forward concerns ods and the associated safety and ity; and WHEREAS, neighborhood roadways a • g d to accommodate mostly light duty and occasionally medium duty v WHEREAS, frequent u accelerates deterioration of the roadway infrastructur and WHEREAS, RC trucks or other vehicles o protect public roadways; an oadways by heavy duty vehicles rapidly an increases the likelihood of damage to ancillary room to accommodate safety turning movements; permits municipalities to prohibit the operation of motor e weight limits on use of trucks as they deem necessary to WHEREAS, the City Council desires to enable commerce to flow on City roadways, in particular on roadways in the Allentown residential area, while ensuring that the roadways are protected from damage caused by heavier vehicles; and WHEREAS, the City Council adopts this chapter to establish truck routes within the City that promote compatible land uses, enhance public safety, and minimize pavement maintenance and reconstruction costs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 9.54 Established. Tukwila Municipal Code (TMC) Chapter 9.54, entitled "Truck Routes," is hereby established to read as follows: Page 1 of 5 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox 103 CHAPTER 9.54 T, ycK ROU Sections: 9,54,010 Purpose and Policy 9.54.020 Definitions 9,54.030 Trucks Prohibited 9.54.040 Enforcement and Penalty Section 2. Regulations Established. A new TMC Section 9.54.010 is hereby established to read as follows: 9.54.010 Purpose and P hey A. Purpose. "The purpose of this chapter is to establi that promote compatible land uses, enharice_public s maintenance and reconstruction costs. B. Po 'c Pr.vide roadways that are safe -for v • ull'IN,',":.;.;(.;;';';‘,‘,‘,‘,‘,‘;;:. • uck routes within the city , and minimize pavement yclists, and_pedestrians to use, 2, Provide truck routes that follow th u dance contained in the city's , comprehensive plan transportation ellet Iran, rtati n plant 3, Provide for the transportation o esiujied to handle the additio maintenance and repair costs me tres cts on roads (truck routes) best s in order to minimize the amount of streets; 4, Restrict the gross • vehicles traveling on ion truck route roads except where the use is necessary to travel from the_point of origin within the city to the neare7 uck e, romauck route to a destination_point within the city, 1111.1111111.1).!!,,,, 5. Limit the nu of ick routes to minimize the number of streets that need more expensive paveme s ruction and more frequent maintenance work:, 6. Protect residential neig_hborhoods from: a. Excessive truck traffic creating greater hazards to pedestrians, bicyclists: and children, b: Increased congestion and noise pollution from truck traffic; and c. Minimize pavement potholes, raveling, rutting, or other avemen distress conditions that cause hazards to motorcyclists, bicyclists, and pedestriansi T Finally, it is recognized that during emergency situations, the director of public works or designee, shall have the authority to further restrict loads or create detours for vehicles traveling on city; road 104 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox Page 2 of 5 Section 2. Regulations Established. A new TMC Section 9.54.020 is hereby established to read as follows: 954.02I Cefrti.VS The following words and terms„ used in this cha er; shall have the following meanings except where otherwise defined : (A) "City" means the City of °Tukwila, (B) "Destination point" means the fixed location that the operator of a vehicle must directly access in order to load or unload goods, passengers or other cargo, or to_perform services. (C) "Parking" means that term as defined On ROW 46, 4.381, as now or hereafter amended. (D) "Haz70,136,020(1), as now or hereafter amended, , am000, „. ca" mn"haro rnoeas azdt. s " defi as ned •ROW in (E) "5emitrailer" means that term as define amended. .CF) "Trailer" means that term as defined amended, (q) "Motor truck" means amended. (_17112Tractor" means thr amended, (I) "Truck tractor' amended. „„i000000000000°"' (4.), "Vehicle" mea amended, that t °ooiooliooio.O'""oo'o'000ll00000000000.... as 46,04.,„ as now ,r hereafte 46,04,620, as now or hereafter 46,04.31 , as now or hereafter in ROW 46,04,65 , as now o- ereafter as defined On ROW 4. 4.655, as now or hereafter as defined ROW 46,04,670, as now or hereafter Section 3. Regulations Established. A new TMC Section 9.54.030 is hereby established to read as follows: 9.54.030 Trucks — Prohibited A) Operation of the following_vehicles shall not r .upon and within the routes established pursuant to this chapter. LI) Vehicles Restricted by Weight, Width and/or Length. Any_motor truck, _truck tract r, motor truck and trailer combination, or truck tractor and semitrailer combination., whOch exceeds eight feet in width„ 26 feet in total lertgth„or 26,001 pounds gross weight_ including Joad: or (2) An vehiclear crticadioactve material; or Page 3 of 5 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox 105 (3 A vehicle transporting hazardous cagr o, (B) All trucks and vehicles identified in Section A are prohibited from travel following_ routes: y Stait Stop 1 4211OAve_5. 2 S 115th St 3 4 43rd P1-5: 4.4t11Ave„.,S .9 44th P15, 7 46thAve5. 5.„12.2dO 9 4„_. rd Ave v 44th Ae S ,45thveS v 46th Ae S 48th„Avo,S 49th AVe 10 11 12 15 16 17 18 51 s S 50th Ave $_„122nO„.Ln S...124th St 42nd Ave S 42nd AveS S 116th St .43:4p1 s. 44th Ave S 42nd Ave S S 122nd St S 122nd .5_12,2pdSt „,[111111,' S d 5122nd St 2nci S 122ed St PIS .5Qtb„...AwSI 4th St E Marginal WayS 43rd PIS 44th Ave S S 122nd St 46th Ave S 5122hdS:t Pl S S 124th St S !! ''St S:124th_St. 124th Si 512,4tT51 5.„14th 5.124th_at i122nO Ln 51s.ta5 Dead end (C) The_prohibition 1.1.1111- _Jj The o ion of a 'hic upon any street where directly and unavoidably necessary in o der ‘cess Q part from a desthiatiouoint. When a destination point is not located immedia ad' ntto a State highway route or a designated truck route the vehicle operator s and/or depart from the destination oint using the he his chapter shall not apply to the followin shortest and most direct Ci ,y arterial route to and from the nearest State highway route or designated truck route. (2111-he a elation of emergency and law enforcernent vehicles, (3) The operation of anyvehicle owned or operated b the C' ublic utility or any_contractor or materialman„ while directly engag„ed in to repair, maintenance or construction of streets, street improvements, or street utilities within the City, (4) The operation of any vehicle within and pursuant to an officiall established temporary detour route„ (5) The operation of any vehicle directly ongpaed in the disposal, collection and/or transport of waste including_but nit limited to recyclable materiaLas a part of a regularly scheduled curbside or on site disposal or collection service within the Tukwila City limits, provided that this exception shall not appy to hazardous cam, or radioactive materials. 106 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox Page 4 of 5 GIT�. The operation of passenger buses, including but no . vehicles and school buses. a mass transit (.1.) The operation ot vehicles directly engaged in ttrar sporting perish co umod'it'ies or commodities necessary for the health and welfare of local residents, Section 4. Regulations Established. A new TMC Section 9.54.040 is hereby established to read as follows: owo9.54.040 Enforce dent -Penalty Violation of TMC 9.54,030 is a traffic it froc n with a monetary penally of 2500,00 ($250.00), including statutory assessments, provided that stgrigge is erected in a conspicuous place at each end of any residential or collector street and the entry to any cul- de -sac, stall rug that trucks over 26,001 'pounds gross weight 1 °ludine load, are prohibited, Section 5. Corrections by City Clerk or Co.. eviser Authorized. Upon approval of the City Attorney, the City Clerk and the c:'e rh:A:..-r are authorized to make necessary corrections to this ordinance, inclu references to other local, state or federal laws numbering and section/subsection numbering. Section 6. Severability. If any sec phrase of this ordinance or its applicatio invalid or unconstitutional for any reaso invalidity or unconstitutionality remaining portions of this ord Section 7. Effective Date in the official newspa days after passage PASSED BY TH a Regular Meeting there ATTEST/AUTHENTICATED: IIIIII1 III the co ion of clerical errors; es, olations; or ordinance subse , paragraph, sentence, clause or r situation should be held to be of competent jurisdiction, such ct the validity or constitutionality of the cation to any other person or situation. ordin ce or a summary thereof shall be published and shall take effect and be in full force thirty (30) provided by law. NCIL OF THE CITY OF TUKWILA, WASHINGTON, at day of , 2024. Andy Youn, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 2024 Legislation: Truck Routes 12/4/24 Staff: A. Cox Page 5 of 5 107 Tukwila iMap 11/14/2024, 3:45:02 PM City Limits Buildings Street 1:9,028 0 0.05 0.1 0.2 mi r �l 0 0.07 0.15 0.3 km City of Tukwila, King County, King County 108 City of Tukwila Tukwila ^�� �'u�^� n K������o�� �uvo���� x��� � �~ .~� � Table Vvstric*dk"od"vyw Roadway 1 42ndAve S 2 S115thSt 3 S11Stb�lt 4 43rdPiS 5 44th Ave b 44thPLB' 7 48thAve Q 8- S122nd Q 43rd/ve,,$ 10 44thAve S 11 4SthAve S 12 4GthAve S 13 47thAve 8 14 48thAve S 115 49tb-Avve-S 16 G0thAve S 17 S122ndLn 18 51atPiS S124thSt 42ndAve S 42nd-AVe-Si S118thSt 43rdPiS 4�h4�S 44thPiS 42ndAve S S122DdSt S122ndSt S122nd3t S122nd St. S122ndSt S122ndSt ����-S-t G1utPiS SOthAve S S124thSt G115thSt EMarginal Way S 43Od-R-I.-S 44thAve S S122ndSt 46t-hAv-eS S122ndSt 44thPiS Sil-24thSt S124thSt S124thSt S-12#hSt S124thSt S124thSt S1Z4dI-5t S122ndLn 51otPiS Dead end 109 110 Transportation & Infrastructure Services Committee Minutes November 25, 2024 F. Ordinance: Allentown Truck Route *Staff is seeking approval of an ordinance that would restrict vehicles grater than 26,001 and 26 feet in length from traveling on certain roadways in Allentown. Committee Recommendation Majority approval. Forward to December 9, 2024 Committee of the Whole. The meeting adjourned at 5:58 p.m. Committee Chair Approval Minutes by LH 111 112 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 12/9/24 Tony ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: TONY CULLERTON ORIGINAL AGENDA DATE: 12/9/24 AGENDA ITEM TITLE ARPA Discussion CATEGORY 11 Discussion Mtg Date 12/9/24 El Motion Mtg Date [ Resolution Mty Date ❑ Ordinance ANDate ❑ Bid Award Mt, Date [ Public Hearing ANDate ❑ Other Mty Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 11 Finance ❑ Fare ❑ Pr-R ❑ Police ❑ PlC SPONSOR'S SUMMARY Review 2024 ARPA expenditures and consensus request REVIEWED BY Trans&Infrastructure Svcs ❑ LTAC DATE: Community Svcs/Safety Li Finance & Governance Li Planning & Community Dcv. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Finance COMMII'IEE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/24 MTG. DATE ATTACHMENTS 12/9/24 Info memo dated 12/9/24 ARPA Funding Discussion PowerPoint 113 114 4.4 Thomas McLeod, Mayor Finance Department — Aaron BeMiller, Director TO: Finance and Governance Committee FROM: Aaron BeMiller, Finance Director BY: Tony Cullerton, Deputy Finance Director CC: Mayor McLeod DATE: December 9th, 2024 SUBJECT: Obligate Remaining American Rescue Plan Act (ARPA) Funding ISSUE In accordance with ARPA guidelines, all remaining ARPA funding must be obligated no later than December 31, 2024, and fully expended by December 31, 2026. BACKGROUND On March 10, 2021, the American Rescue Plan Act (ARPA) was enacted, providing a $1.9 trillion relief package. This legislation allocated funds to various sectors including state and local aid, education, rental assistance, and transit. The City was allocated $5.68 million, with the first installment received in June 2021 and the second installment in July 2022. All funds must be expended or contractually committed by December 31, 2024. DISCUSSION The following table details the flow of ARPA funds over three years of council -approved expenditures. The unallocated funds are attributed to expenditures that have not fully utilized their budget allocation. Further recommendations for the allocation of these funds will be provided in due course. Total ARPA Grant (Beginning Balance) 5,682,598 2021 Actual Spent 817,307 2022 Actual Spent 1,894,357 2023 Actual Spent 1,217,920 2024Actual Spent 649,294 Remaining ARPA Funding $1,103,720 In accordance with US Treasury ARPA requirements, cities must contractually obligate all ARPA funds by December 31, 2024, and expend these funds by December 31, 2026. It is anticipated that council -approved allocations will fully utilize ARPA funds by the December 31, 2024, deadline. 115 Current 2024 ARPA is listed below by category: Category Code Enforcement Comm Dev Administration Community Events & Volunteers Community Service & Engagement Finance Department Gen Fund Capital Transfers Park Maintenance Permit Coordination Preschool Program Res Str-Admin Capital Res Str-Administration Res Str-Engineering Res Str-Roadway Str Maint-Administration Teen Programs Traffic Wellness & Enrichment Youth Programs Total Available ARPA Funding is $1,103,720. Amount 35,446 54,165 77 7,040 37,527 7,017 57,000 18,719 546 3,201 223,482 (155) 28,409 118,614 13,797 27,300 9,125 7,983 649,294 2024 Beginning Balance 1,753,014 2024 Budget 1,496,418 2024 YTD ARPA Spending 649,294 2024 Available ARPA Funding 1,103,720 ARPA funding is restricted and must fall under the following criteria: • Providing premium pay to essential workers • Investing in infrastructure like water, sewer, and broadband • Replacing lost public sector revenue • Supporting public health initiatives related to COVID-19 • Expanding access to broadband internet • Funding capital expenditures to address the negative economic impacts of the pandemic NEXT STEPS Based on current JL Key-Obj Inquiry ARPA reporting, approximately $649,294 of the 2024 budget has been spent. While future ARPA projects are pending, some formal contracts remain outstanding. To ensure full allocation of available ARPA funding, it is recommended that $1,103,720 be allocated to Public Safety. 2024 Beginning ARPABalance 2024 YID ARPASp ending Remaining ARPAFunding Public Safety Remaining ARPAFunding 1,753,014 (649,294) 1,103,720 (1,103, 720) 0 RECOMMENDATION Agree to move this forward for approval to the 12/16 Council Regular Meeting for approval. 116 O U N �l a) U c,42, H w (24 a) • erican Rescue Plan Act (ARPA) was enacted, providing a $1.9 On March 10, 2021, ent received in June 2021 and the secon ocated $5.68 ber 31, 2024. -10 -73 a) • must be spent or contract 118 AR "A Hist � ric• 1 Spen• in • GO N N O d' O O LO N C3) N t..f) M CY) CI) N N N I� C77 M C9 00 CO N CO rl cu O ri ri cc$ ow of ARPA funds after three years of c is table show the O • cCS v O N .O N Cd a) O a.) V ..O 773 V O be discussed. ocated funds Further recommendations CU v cB ca m lac Ci) m CC CU Cl..) a) Cll Q Q Q Q Ur (/) w (/) Cn Q cB co co co CL = = = = CC V V V V Q Q Q Q •—� N M d' +� N N N N O O O O F- N N N N Remaining ARPA Funding y �s 119 Vocations y C•teg•ry 10 ul O rn kO d' O If) M 1- VD I, N N O O) O N Co c 1.11 O O u1 N M d\ lD I� M L.f) - N N N N CO r' M CO CO M N o N- M 111 M LP) N N ,-i 1--1 N 4-0 N +-{ O E Code Enforcement Comm Dev Administration U a) N C a) E ° C > a) Qra E E a) � rp E E c L E Eo o r ra Permit Coordination Wellness & Enrichment N 0 0 fa F 120 in: Criteri. c Safety funding m 0_ • C Co Co 0 0 C co L a) a) cn aL ) co a) a) L m U 2 L Coiii L 4- C CD C U) a) > C • is sector revenue Replacing lost pub 0) 0 > 0 U 0 a) Co a) L U) a) > co a) U Supporting pu Expanding access to broadband internet 45 (12 co Q E ve econo o address the nega U) a) L z fi C a) Q X a) Co a E o w (3) C C co a_ C N n _c LL I. • • • • 121 a. > a) Q co N d37 N N C)U O N N N N E LO dq' O O o N CO c-I — rl rl a) O O) - -0 co _a C (I) a) 4 Q U 4 EL C Q son CL Z (0 C >, � a .� Q 1-. a) c X .(a) N m .co O c ca 0 N N Q� N CC Q L Q • • a) 4- co ID a. U- a cc Q •.E co a) cc 122 Recommendation a) E a) U a) a a) to C O Co 2 a) 0 � O U a) a) 12 Co co O 0) 4- N c L — a) c O p 2U C 123 124 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 12/9/24 PH ITEM INFORMATION ITEM No. Spec 2.C. STAFF SPONSOR: CHIEF ERIC DREVER ORIGINAL AGENDA DATE: 12/9/24 AGENDA ITEM TITLE Sound Health Contract Amendments For Co -Responder Program CATEGORY 11 Discussion Mtg Date 12/9/24 Motion Mty Date 12/9/24 Resolution Mtg Date Ordinance Mtg Date Bid Award Mtg Date _ Public Hearing tg Date Other Mtg Date SPONSOR LI Council Li Mayor Admin Svcs Li DCD Li Finance Li Fire Li P&R 11 Police Li PIG SPONSOR'S SUMMARY The Police Department would like to request the Council to authorize the Mayor to sign the two Sound Health contract amendments from 1/1/25-12/31/25 for the co -responder program. REVIEWED BY Trans&Infrastructure Svcs /1 Community Svcs/Safety Li Finance & Governance Li Planning & Community Dev. LTAC ❑ Arts Comm. DATE: 12/9/24 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Community Services and Safety Committee COMM T'1EE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $102,000 per co -responder AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: CITY'S OPIOID RELIEF SETTLEMENT FUNDS, SEIZURE FUNDS, OTHER EXTERNAL FUNDING Comments: 12/9/24 MTG. DATE 12/9/24 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 11/22/24 Contract #23-097 for 1st Co -responder Contract #23-098 for 2nd Co -responder Amendment #1 - For contract #23-097 Amendment #1 - For contract #23-098 Amendment #2 - For contract #23-098 125 126 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Police Chief Eric Dreyer BY: Phi Huynh, Executive Administrator CC: Thomas McLeod DATE: November 22, 2024 SUBJECT: Amendment of Sound Health Contracts (#23-097 & #23-098) For Mental Health Professional Co -Responder Program ISSUE The Tukwila Police Department is seeking committee approval to authorize the Mayor to sign the \amendments of contract #23-097 and contract #23-098 for our Sound Health co - responders from January 1, 2025 - December 31, 2025 BACKGROUND In accordance with the City' s goals of a High -Performing & Effective Organization and a Positive Community Identity & Image for all Tukwila community members, the Police Department recognized that there was a need for collaboration of services when it comes to mental health and chemical addiction issues within the City of Tukwila. Our objective was to reduce the number of mentally ill and chemically dependent interventions that requires jail and hospitalizations. We also recognized the need for diversion of mentally ill and chemically dependent youth and adults from entering the criminal justice system. Co -responder programs throughout the nation have been effective in reducing the number of people entering the criminal justice system, while providing appropriate resources for their illness. The department needs to provide services that provide the appropriate high -quality services for our community members. DISCUSSION The Tukwila Police Department co -responder program is a collaborative approach designed to address the City of Tukwila' s desire to ensure Tukwila' s mentally ill and chemically - dependent community members have access to community treatment in lieu of incarceration for non-violent misdemeanor offenses, where the individual is identified by officers and confirmed by a co -responder to be demonstrating behaviors symptomatic of a mental disorder and/ or co-occurring disorder (combining mental health behavioral disorders with substance use disorders). The program accomplishes this goal by: 1) embedding mental health professionals (aka co -responders) within the police department who respond to calls when officers ask for professional (consultive) assistance by the MHP's; 2) working with and educating officers in traditional methods employed by mental health professionals to de-escalate individuals demonstrating behavioral health concerns as well as assist in providing support to identify symptoms stemming from mental illness versus chemically altered behaviors; 3) ensuring appropriate community services are accessed to facilitate diversion, including community after- care services are available to individuals diverted from incarceration. The program was first implemented as a pilot program in 2021 and has proven to be a great asset for both the Police Department and the community. The Police Department and Sound Health had since re-evaluated the program for funding and continuation of the program and had 127 INFORMATIONAL MEMO Page 2 decided to move forward with contracts for two co -responders. Currently, both co -responders' contracts (#23-097 and #23-098) are good through December 31, 2024. To ensure coverage for every day of the week, the first co -responder works from Wednesday thru Saturday 12pm to 10pm while the second co -responder works from Sunday thru Wednesday from 12pm to 10pm. FINANCIAL IMPACT The total cost for both contracts is $204,000 per year. The Police Department will be utilizing Opioid Relief Settlement funds to fund the Co -Responder Program through December 31, 2025. The State Attorney General's office has forecasted that Tukwila's share of these funds will cover the program but if the AG's forecast is short of reality, the Police Department will seek other external funding and/or use Seizure Funds. RECOMMENDATION The Police Department would like to request the Committee to approve the Mayor to sign the amendments to contract #23-097 and contract #23-098 and forward to the December 9, 2024 Consent Agenda. These amendments have been reviewed by Legal on 12/3/24. ATTACHMENTS Tukwila Police Department/Sound Health contract #23-097 Tukwila Police Department/Sound Health contract #23-098 Amendment #1 - Renewal for contract #23-097 Amendment #1- Renewal for contract #23-098 Amendment #2 — Renewal for contract #23-098 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/12-09-24 CSS/Sound Health co -responder contracts Info memo 12-2024 renewal of contracts 23-097 & 23-098.docx 128 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-097 Council Approval 5/15/23 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $102,000. 3. Contractor Budqet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Aqreement. This Agreement is in full force and effect commencing on January 1, 2023 and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of either party. CA Revised May 2020 Page 1 of 4 129 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor'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 Contractor's insurance and shall not contribute with it. CA Revised May 2020 Page 2 of 4 130 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. Contractor 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 Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, CA Revised May 2020 Page 3 of 4 131 represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: 6400 Southcenter Blvd Tukwila WA 98188 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this 31st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:46 PM PDT ATTEST/AUTHENTICATED: DocuSigned by: CtUriSfG/ F 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: . Ste. 5E499CA4165E452... Office of the City Attorney By. AB6A4{. RFii7A4 I1 iDocuSigned by: Printed Name and Title: Address: Katrina Egner Interim CEO 6400 Southcenter Blvd Tukwila, WA 98188 CA Revised May 2020 Page 4 of 4 132 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Wednesday through Saturday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 133 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 134 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOOT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 135 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2024. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 3. The Contractor and the City agree to conduct a mid -contract review to occur approximately January 2024 to evaluate filings and compensation. 136 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-098 Council Approval 5/15/23 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $102,000. 3. Contractor Budqet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Aqreement. This Agreement is in full force and effect commencing April 24, 2023 and ending December 31, 2023, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of either party. CA Revised May 2020 Page 1 of 4 137 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor'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 Contractor's insurance and shall not contribute 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. CA Revised May 2020 Page 2 of 4 138 E. Verification of Coverage. Contractor 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 Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeaina and Reaortina. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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. Assianment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Aareement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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 Page 3 of 4 139 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Sound Health 6400 Southcenter Blvd Tukwila WA 98188 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DS DATED this 31st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:51 PM PDT ATTEST/AUTHENTICATED: L(—DocuSigned by: aust 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: L. SE499CA4165E452... Office of the City Attorney By: DocuSigned by: ACCA IC 1{3E87A48 ... Printed Name and Title: Katrina Egner Interim CEO Address: 6400 Southcenter Blvd Tukwila WA 98188 140 CA Revised May 2020 Page 4 of 4 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Sunday through Wednesday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 141 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 142 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOOT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 143 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a prorated amount from April 24, 2023 to December 31, 2023, based on the full year contract rate of $102,000 per year for 2023. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 144 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound That portion of Contract No. 23-097 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2025 and ending December 31, 2025, unless sooner terminated under the provisions herein after specified. Exhibit B: Compensation and Method of Payment: 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2025. 2. The Contractor shall invoice the City by the 10th day of each month following the month of service. 3. The Contractor and City Agree to conduct a mid -contract review to occur approximately May 2025 to evaluate filings and compensation. All other provisions of the contract shall remain in full force and effect. Dated this December day of , 2024. CA Reviewed May 2020 Page 1 of 2 145 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor Agreement Number: ** Contractor signature to be obtained by sponsor staff CONTRACTOR: By: Printed Name: ATTEST/AUTHENTICATED: Title: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney 146 CA Reviewed May 2020 Page 2 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-098a Council Approval 8/19/24 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound That portion of Contract No. 23-098 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2024 and ending December 31, 2024, unless sooner terminated under the provisions herein after specified. All other provisions of the contract shall remain in full force and effect. Dated this _30th day of August, 2024 ** City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Signed by: LittaiklaS ka t,0j, 8EE24380545B44C... Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: 3D04AB9746FA4E8... Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: 5E499CA4165E452... Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By: 1 Printed Name: Katrina Egner Title: President & CEO CA Reviewed May 2020 Page 1 of 1 147 148 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Sound That portion of Contract No. 23-098 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2025 and ending December 31, 2025, unless sooner terminated under the provisions herein after specified. Exhibit B: Compensation and Method of Payment: 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2025. 2. The Contractor shall invoice the City by the 10th day of each month following the month of service. 3. The Contractor and City Agree to conduct a mid -contract review to occur approximately May 2025 to evaluate filings and compensation. All other provisions of the contract shall remain in full force and effect. Dated this December day of , 2024. CA Reviewed May 2020 Page 1 of 2 149 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor Agreement Number: ** Contractor signature to be obtained by sponsor staff CONTRACTOR: By: Printed Name: ATTEST/AUTHENTICATED: Title: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney 1 50 CA Reviewed May 2020 Page 2 of 2 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared (y Mayor's review Council review 12/16/24 DR ITEM INFORMATION ITEM No. Spec 2.D. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 12/ 16/ 24 AGENDA ITEM TITLE Contract Approval: LPM Funded Crystal Springs Park Lighting Replacement CATEGORY Discussion Mtg Date E Motion Mtg Date El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date Other Aug Date 12/16 SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑Fire 11 P&R ❑ Police ❑ PW SPONSOR'S SUMMARY City staff are seeking approval for a lighting rehabilitation project to be completed at the upper section of Crystal Springs Park. This contract would replace/repair/rehabilitate sixteen (16) different lighting fixtures throughout the area and will be covered either by the Local Parks Maintenance (LPM) Grant or on -hand parks capital funding. City staff request council approve this contract for mayor signature and execution. REVIEWED BY ❑ Trans&Infrastructure Svcs 11 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. LTAC ❑ Arts Comm. DATE: 12/ 9/ 24 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: McConnell RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation Department COMMI I"I EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $79,232.15 AMOUNT BUDGETED $79,232.15 APPROPRIATION REQUIRED $0 Fund Source: LOCAL PARKS MAINTENANCE GRANT ($76,000) & PARKS CAPITAL FUND ($3,232.15) Comments: General fund will pay expenses upfront and then be reimbursed by grant and 301 Fund MTG. DATE RECORD OF COUNCIL ACTION 12/16/24 MTG. DATE ATTACHMENTS 12/16/24 Informational Memorandum dated November 20th, 2024 A --- Proposed Contract for Services + Exhibit B --- Annotated Crystal Springs Park Electrical Site Plan C --- Contract 24-122: SFY25 Local Parks Maintenance Grant (Condensed) 151 152 Thomas McLeod, Mayor Parks & Recreation Department- Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Matthew Austin, Parks Maintenance & Operations Superintendent BY: David Rosen, Parks & Recreation Analyst DATE: November 20, 2024 SUBJECT: Contract Approval: Crystal Springs Park Lighting Replacement ISSUE City staff are seeking to execute a contract for rehabilitation of lighting located at Crystal Springs Park, said contract is in an amount that requires Council approval before mayoral execution. BACKGROUND In mid-2023, the Tukwila Parks and Recreation Department applied for and was awarded $100,000 under the Washington State Recreation & Conservation Office's Local Parks Maintenance (LPM) program. The award was given for the proposed Crystal Springs Park Lighting Replacement Project, which would see lighting in upper Crystal Springs Park replaced and/or rehabilitated to working condition, improving park safety, visibility, and satisfying Crime Prevention Through Environmental Design (CPTED) concepts. To date, the city is nearing completion of required cultural resource surveys, which utilized $24,000 of the grant award in State Fiscal Year 2024 (Ended June 30, 2024). DISCUSSION Completion of the proposed project will see the rehabilitation of sixteen (16) fixtures within the upper section of Crystal Springs Park, including six (6) luminaires in the sport court area and ten (10) lighting poles throughout the parking lot and trail area. Replacements include more efficient lighting circuitry and fixtures. These new fixtures are estimated to save 25,973 kWh annually, equivalent to 11.3 metric tons of Carbon Dioxide (CO2) emissions or the consumption of 1,276 gallons of gas. Additionally, annual energy cost savings from this project are estimated to be $2,597.34. FINANCIAL IMPACT Approval of this contract encumbers expenses totaling $79,232.15 in the Parks Maintenance Department's General Fund Budget. $76,000 of these expenses will be reimbursed by the LPM Grant via Contract 24-122, and the remaining $3,232.15 will be reimbursed by the Land Acquisition, Recreation, and Park Development Fund (301). Approval of this contract creates no net general fund inflows or outflows. RECOMMENDATION Staff recommend the committee forward this proposed contract to the December 9th Special Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Contract for Services & Exhibits B --- Annotated Crystal Springs Park Electrical Site Plan C --- Contract 24-122: SFY25 Local Parks Maintenance Grant (Summary, Scope, & Milestones) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 153 154 Crystal Springs Park $ 2,597.34 $ 4,285.61 Sales Tax $ 7,333.65 Total cost of products $53,673.50 O O N N CO T co- $79,232.15 1 $ 79,232.15 Installation, shipping, fees, tax, etc. Subtotal Utility Incentives" Total Project Costs SAVINGS FROM LOWERING ENERGY USE TOTAL ANNUAL SAVINGS( 4kll t Y Y Y tts d 5 'Efi t•°) Cfi' C) _ €F} 03 ft3 ft3 ft3 $ 2,597.34 $> t y t } t 3)) (0 OD iV c 4X? r 25,973 a t t 1 1}il t CD CO CO rY CD CO CO rt CD CO CO rY CD CD CD CD CD t t t 0 CD o 0 0 0 0 0 0 tt z s .t t a / CO r CO 0 r CO r ,— r N N r O Vci- 3 Proposal is for LED lights proposed only and is valid for 30 days from September 13, 2024. Proposed LED lamps have zero UV emissions, are mercury free, and almost 100% recyclable. 1 Plitilettfiggialatingnaggamonas ISSISUMNISMVagagingueleame Ottaggentaingliginstassitennag Astoria 43150 w/ tenon 4K Astoria 43100 w/ tenon 4K LED Trail LTR-S-G12C-70WBT3DA1-abcdef 70 watt shoebox style 3K Energy Light Inc 547112 20 ft square steel pole 4 inches wide w/ Tenon remove old wooden poles and dispose , remove old concrete foundation and re pour new pole support foundations as required Min 3 'ft depth Macromatic 23NV42 SPDT time setting variable up to several hours Momentary Mushroom Push button wet location Dayton 30G358 Non metallic Photocell 120V activated SPDT relay Dayton 40A 5Z542 / precision SPST Photocel Enter Rate Here >» ezostwagnotitaMISONOMESWHON _. . „ X ISTIN i I GHTING , 400 Watt Metal Halide flood 13 465 250 Watt Metal halaide 31 295 replace wooden poles 13 0 O remove existing 2 0 remove existing Push botton 0 0 ;photocell and SPDT relay 0 0 The following kWh rate was used in calcuting the ROI. O M cn I in O attnitlarnintlitittlettleln 11111,111.1111111111101511 Spoprts court Lighting Parking lot Path lights New Poles Labor pole installation Time delay relays Control system for court lighting Control system for court lighting Z o o mated payments: O 69 0 Lri C O E m O E a O E M CO U, 43 O O N 3 159 160 162 Project Sponsor: Project Title: ion ar Tukwila Parks & Recreation Department Crystal Springs Park Lighting Replacement 24-122 Council Approval 9/16/24 RCO Grant Agreement Project Number: 24-2215M Approval Date: 06/30/2024 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) for the project identified above (Project) is entered into between the State of Washington by and through the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917, and by and through the Tukwila Parks & Recreation Department (Sponsor, and primary Sponsor), 12424 - 42nd Ave S, Tukwila, WA 98168, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Sponsor attests that prior to and during the Period of Performance, its Authorized Representative(s)/Agent(s) identified on the original signed Applicant Resolution/Authorization has full authority to legally bind the Sponsor(s) regarding all matters related to the Project, including but not limited to, full authority to: (1) sign the grant application for grant assistance, (2) enter into this Agreement, including indemnification, (3) enter into amendments to this Agreement. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, a Sponsor may change its Authorized Representative/Agent only by providing the RCO written notice of the change and identifying the new designee authorized to sign as Authorized Representative/Agent. Unless and until such written notice is provided to RCO, RCO shall recognize only the person initially identified as the Authorized Representative/Agent. B. RCO reserves the right at any time to request, and Sponsor has the obligation to provide authorizations and documents that demonstrate any signatory to this Agreement or an amendment has the authority to legally bind the Sponsor. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a Local Parks Maintenance Program grant is made from the General Fund State Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Tukwila Parks and Recreation Department will use this grant to replace nonfunctional lights in Crystal Springs Park. The City will replace underground wiring systems and purchase new light fixtures. The primary recreational activity supported by this project is maintenance of outdoor recreation sites. PERIOD OF PERFORMANCE The period of performance begins on July 1, 2024 (project start date) and ends on June 30, 2025 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO has the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this maintenance project, the Sponsor's ongoing obligations for the project area shall be for the period of performance of this Agreement. For equipment purchased as part of the project, the Sponsor's ongoing obligation shall comply with the RCO: 24-2215 Revision Date: 10/26/2023 Page 1 of 19 163 Treatment of Equipment and Assets section and applicable RCO Manuals identified herein. PROJECT FUNDING AND REIMBURSEMENT PERIOD(S) The total grant award provided for this project shall not exceed $76,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project.: Office - Local Parks Mnt Single -Tier 2 Total Project Cost Percentage Dollar Amount Source of Funding 100.00% $76,000.00 State 100.00% $76,000.00 If this Grant Agreement's period of performance spans more than one state fiscal year (July 1st through June 30th), Sponsor's work performed in each fiscal year shall be reimbursed only with the funds available in that fiscal year. RCO shall not be obligated to reimburse work performed in one single fiscal year with funds from another fiscal year. Grant funds that are not expended through a reimbursement request in one fiscal year (unused funds) shall not be carried over to the next fiscal year, and Sponsor has no right to these funds in the next fiscal year. Sponsor shall forfeit unspent grant funds, which shall remain with RCO unless otherwise made available as part of an amended Agreement. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement shall be effective unless set forth in writing and signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement, including any amendment thereto, is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purposes of this Agreement, the following RCO manuals are deemed applicable and are incorporated as terms of this Agreement: • Local Parks Maintenance Grant- Manual 27 • Reimbursements - Manual 8 SPECIAL CONDITIONS None SPECIAL CONDITIONS - CULTURAL RESOURCES None RCO: 24-2215 164 Revision Date: 10/26/2023 Page 2 of 19 AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact David Rosen Fiscal Analyst 12424 42nd Ave S Tukwila, WA 98168 david.rosen@tukwilawa.gov RCO Contact Hayley Dalgetty Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 hayley.dalgetty@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 24-2215, shall become effective and binding on the date signed by both the Sponsor's and the RCO's Authorized Representative/Agent, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed, and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. Tukwila Parks & Recreation Department BY. Thomas McLexxi (Sep U , 2o24 za21 iron) Name (printed): Thomas McLeod Title: Mayor State of Washington Recreation and Conservation Office BY• Kz Ja4s( �,2®2411:17.7.PDT) FOR Megan Duffy Director Recreation and Conservation Office By: Pre -approved as to form: Assistant Attorney General Date: Sep 18, 2024 Date: Sep 18, 2024 Date: 10/26/2023 RCO: 24-2215 Revision Date: 10/26/2023 Page 3 of 19 165 ion ar RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Crystal Springs Park Lighting Replacement Project Number: 24-2215M Approval Date: 06/30/2024 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Maintenance Metrics Worksite #1, Crystal Springs Park Recreational Facility Maintenance Perform Recreational Facility Maintenance Cultural Resources Cultural resources Project Management Project Management Perm its Obtain permits RCO: 24-2215 166 Revision Date: 10/26/2023 Page 4 of 19 ion ar RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Crystal Springs Park Lighting Replacement Project Number: 24-2215M Approval Date: 06/30/2024 PROJECT MILESTONE REPORT Complete Milestone Project Milestones Target Date Comments/Description Project Start Permits Complete Cultural Resources Documents Cultural Resources Complete RCO Notice to Proceed Progress Report Due Annual Project Billing Due Agreement End Date Final Billing Due Final Report Due 07/01/2024 07/15/2024 07/15/2024 09/01/2024 09/10/2024 01 /15/2025 01 /31 /2025 06/30/2025 07/31/2025 08/15/2025 Survey Submitted Consultation Complete & Inadvertent Discovery Plan Submitted No ground disturbance allowed prior to Notice to Proceed RCO: 24-2215 Revision Date: 10/26/2023 Page 5of19167 168 UPCOMING MEETINGS AND EVENTS DECEMBER 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. DEC 9 MON DEC 10 TUE DEC 11 WED DEC12 THU DEC 13 FRI DEC 14 SAT * Community Services and Safety Committee Meeting 530 PM City Hall - Hazelnut Rm Hybrid Meeting * Planning and Community Development Committee Meeting 5:30 PM 6300 Building - 2' Fl Duwamish Conference Hybrid Meeting * City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting CITY HALL BLOOD DRIVETRAINING Your blood donations support people across the Pacific Northwest undergoing cancer treatment, surgeries, and organ transplants. 10:00 AM - 4:00 PM Tukwila City Hall 6200 Southcenter Blvd Click here to sign-up. RIVERTON PARK PLANTING Join forest Steward Debbie to reestablish a healthy urban forest to border the community park. 11:30 AM - 1:30 PM Riverton Park 13263 Macadam Rd S Click here to sign-up. Fluge ounffsftLirLgSenter d„ FREE EMPLOYMENT SERVICES AND SKILLS PROGRAM Learn about free employment services and skills training programs. For reasonable accommodation, email access@kels.org at least 7 days before the event. 2:00 PM - 4:00 PM Tukwila Library 14380 Tukwila Intl Blvd Click here for information. * Park Commission 5:30 PM Tukwila Community Center Hybrid Meeting * Planning Commission 6:30 PM City Hall Council Chambers Hybrid Meeting * Community Oriented Policing Citizens Advisory Board 6:30 PM Justice Center Hybrid Meeting al King County NO ADOPTION FEES ON ALL DOGS THRU 12/31! Regional Animal Services of King County is waiving adoption fees on all dogs through Dec 31! Mon -Fri Noon - 6:00 PM Sat -Sun Noon - 5:00 PM Pet Adoption Center 21615 64th Ave S, Kent Click here for information. r''''t444,11et, Perwa.4.4 .0' DONATION NEEDED FOR TRUCK REPAIR COSTS Tukwila Pantry just had a repair bill for $14,369 on their truck plus additional $16,856 for truck rental. Click here to donate. COMMUNITY Get connected as healthcare, 14380 Click WINTER Join crafts, Tukwila Foster Click FAIR such of .,,, King County . Library System RESOURCE with resources education, legal clinics and more! 11:30 AM - 2:30 PM Tukwila Library Tukwila Int'l Blvd here for information. ,.. MOVIE & CRAFTS us for a FREE fun time hot chocolate and hanging out with Buddy the Elf! 2:00 PM - 4:30 PM Community Center 12424 42"d Ave S DEC 14 SAT Free festive lights! Police vehicle. will receive goodie stickers enjoy Donate monetary 5:30 Renton 3000 Click CI e tlf the Badge Also, and or local event of holiday See decorated Tukwila First 100 visitors a holiday "evidence" bag with candies, and other treats! music, food trucks holiday cheer. non-perishable food donations to a food bank. PM - 8:00 PM Technical College NE 4th St, Renton here for information. ,.. HOLIDAY CONCERT Sat, Dec 14 7:30 PM Sun, Dec 15 3:00 PM Performing Arts Center 4242 S 144th St here to buy tickets. DEC 16 MON DEC 17 TUE DEC 18 WED DEC 19 THU DEC 20 FRI DEC 21 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 Give Blood = Save 3 Lives ,t4 ',..e ,,,,.? DONATE AND ENTER TO TICKETS TO Sr" AVE THEATRE AND A NYC BROADWAY GETAWAY! 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. Easy and free, Click here for information, * Special Arts Commission 6:00 PM Tukwila Community Center Hybrid Meeting * Civil Service Commission 6:30 PM City Hall Council Chambers Hybrid Meeting ,, \ s, R.'coiogv FREE STORM DEBRIS EXTRA YARD WASTE PICK UP ENDS TODAY FREE collection of extra yard waste up to 96 additional gallons of material. For Recology customers subscribed to Food & Yard waste services. Click here for information. SOLSTICE WALK, READING PARK TOUR Join forest Steward Debbie reestablish a healthy park. 10:00 AM - 11:30 AM Duwamish Hill Preserve 3800 S 115th St Click here to sign-up. & to for vs/as:1)212ton healthoianfinder OPEN ENROLLMENT Anyone can apply for health insurance with Washington Healthplanfinder. Apply by Jan 15, 2025. Click here to register. King County Library System JOB AND RESUME ASSISTANCE Visit Worksource table assistance and resources. 10:00 AM - 12:00 PM Tukwila Library 14380 Tukwila Intl Blvd Click here for information. CITY HALL / 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 we - 4:00 PM 206-433-1800 . Dec - Free Teen Drop -In Activities - Click here for information. 8:00 PM - 1 1 :00 PM Tukwila Community Center - 12424 42'll! Ave S Dec 8 - Seahawk Watch Parties 1:00 PM - 4:00 PM Tukwila Community Center Lobby - 12424 42"cl Ave S ,lxlx: - l Dec 9 - Public Hearing #3: Comprehensive Plan (following integration of Agency comments) 7:00 PM Tukwila City Hall - 6200 Southcenter Blvd ..........,--.----- Dec 10 - City Hall Blood Drive - Click here to sign-up. 10:00 AM - 4:00 PM Tukwila City Hall - 6200 Southcenter Blvd Dec 10 - Riverton Park Planting - Click here to sigmup. 11:30 AM - 1:30 PM Riverton Park - 13263 Macadam Rd S Dec 14 - Winter Movie & Crafts - Click here to sign-up. 2:00 PM -4:30 PM Tukwila City Hall - 6200 Southcenter Blvd Dec 14 - Battle of the Badges: Holiday Lights - Click here for information. 5:30 PM - 8:00 PM Renton Technical College - 3000 NE 4" St, Renton Dec 20 - Solstice Walk and Reading - Click here to sign-up. 10:00 AM - 11:30 AM Duwamish Hill Preserve - 3800 S 115Th St FOOD BANK OPENS: Tuesdays, Thursdays & Saturdays (except holidays) 10:00 AM - 2:00 PM 3118 S 140th St Volunteers - THERE IS A DIRE NEED OF VOLUNTEERS for food packaging or food distributions. To volunteer, click here to sign up. Donors - Please donate at tukwilapantry.orgidonate. Donations can be dropped off on Tuesday -Saturday from 8 AM - 11 AM or by appointment. LIBRARY 14380 Tukwila International Blvd 206-242-1640 2 - Neighborhood Legal Clinics Info Session - Click here for information. 12:00 PM - 2:00 PM The NLC staff will provide information about the Navigator - Click here for information. 1:00 PM - 4:00 PM Hopelink will share information about the region's affordable transportation option. Center - Click here for information. 2:00 PM - 4:00 PM Learn about free employment services and skills training programs. Fair -Click here for information. 11:30 AM — 2:30 PM Get resources for community members in need of support. & Resume Assistance - Click here for information. 10:00 AM — 12:00 PM Get help on your resume, prepare for interviews, find job fairs, etc. help for grades K-12. Click here for information. activities at the Tukwila Library. King County TUKWILA ..,-- Library System Dec program. Dec 8- Community Transportation Dec 11 - Puget Sound Training Dec 14 - Community Resource Dec 20 - WorkSource: Job ** Free online tutoring & homework ** See other events and fun ECOLOGY LOAN PROGRAMS FOR SEPTIC HELP 1-888-231-2170 CleanWater@Craft3.org Failing septic systems can result in sewage backing up in the home or entering local waterways and groundwater supplies. Click here for information. PROPERTY TAX EXEMPTIONS FOR SENIORS AND PERSONS WITH DISABILITIES 206-296-3920 Exemptions.Assessments@kingCounty.gov allKing County', The annual income limit for this program is now $84,000. Click here for information. 169 170 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. DECEMBER 2 See below links for the agenda packets to view the agenda items: December 2, 2024 Work Session is cancelled. December 2, 2024 Regular Meeting DECEMBER 9 See below links for the agenda packets to view the agenda items: December 9, 2024 Committee of the Whole / Special Meeting DECEMBER 16 WORK SESSION REGULAR MEETING PRESENTATION Update on HealthPoint's Health and Wellness Center — discussion only. CONSENT AGENDA - Tukwila South Development Agreement. - An ordinance related to trucks in Allentown. - Contract with Joseph Foster Memorial Park Bathroom Replacement. - Allocation of remaining ARPA (American Rescue Plan Act) funds. - A resolution relating to the 2025 State Legislative Agenda. UNFINISHED BUSINESS - An ordinance adopting the 2023 2024 Comprehensive Plan Update. - A contract amendment for Veterans, Seniors and Human Services Levy. NEW BUSINESS Authorize the Mayor to sign the 2025- 2027 Collective Bargaining Agreement with the United Steelworkers. DECEMBER 23 MEETING 1— REGULAR MEETING 2— C.O.W. MEETING 3— REGULAR MEETING 4 — C.O.W. JANUARY 6 JANUARY 13 JANUARY 20 DAY JANUARY 27 114AVEA OtAhilA No Council or Committee meetings due to the holiday.