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HomeMy WebLinkAboutReg 2026-05-18 COMPLETE AGENDA PACKETCITY OF TUKWILA City Council Regular Meeting Monday, May 18, 2026 at 7:00 p.m. Location: Tukwila City Hall, Council Chambers, 6200 Southcenter Boulevard, Tukwila, WA 98188 Join remotely: 1-253-292-9750, Access Code: 670077847# or click here to join virtually AGENDA 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Hall or remotely via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. Per the Council Rules of Procedure, the total time for public comment should not generally exceed 30 minutes and time may be reduced to 3 minutes if there are more than 6 speakers. To provide comment remotely, please email citycouncil _tukwilawa.gov with your name and topic by 5:00 p.m. on the meeting date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4. PRESENTATION a. Recology: 2025 Review Pg. 5 Alissa Campbell, Government and Community Relations Manager, Recology King County 5. CONSENT AGENDA a. Approval of Minutes: 05/04 Regular Meeting & 05/11 Special Meeting b. Approval of Vouchers c. Parks and Recreation Ordinances Pg. 16 (1) Ordinance relating to Public Safety; repealing Ordinance No. 2476 as Pg. 26 codified at Tukwila Municipal Code (TMC) Chapter 12.08; thereby eliminating TMC Chapter 12.08 in its entirety; reenacting TMC Chapter 12.08 to update park rules and regulations. (2) Ordinance repealing Ordinance No. 2567 and 2623 as codified at Tukwila Pg. 43 Municipal Code (TMC) Chapter 12.12; "Foster Golf Links Fees" thereby eliminating this chapter in its entirety. City Council Meeting — Regular May 18, 2026 6. 7. 8. 1.1 10 Page 2 of 3 [Reviewed and forwarded to consent by the Community Services and Safety Committee on 04127126 and Committee of the Whole on 05111126] d. Resolution Supporting the Nomination of Certain Eligible Census Tracts for Pg. 64 Designation Under the New Opportunity Zones Program (OZ 2.0). [Reviewed and forwarded to consent by the Planning and Community Development Committee on 05111126] PUBLIC HEARING a. Resolution to Public Benefit Rating System Open Space Classification for Pg. 72 Property at 4447 South 148th Street. To provide public hearing comments, please email citycouncil (a)tukwilawa.gov, provide yourfirst and last name, and reference the public hearing topic in the subject line, by 5:00 p.m. on May 18, 2026. Once you have signed up by email, your name will be called upon during the meeting to speak for up to 5 minutes. You may also attend the Public Hearing in person and provide your comments on -site. UNFINISHED BUSINESS a. Resolution Approving the Public Benefit Rating System Open Space Classification Pg. 72 of the Schilling Property located at 4447 S 148th Street. b. Municipal Court Ordinances pg. 88 (1) Ordinance amending Tukwila Municipal Code (TMC) Chapter 2.68, Pg. 90 "Municipal Court," in alignment with Chapter 3.50 RCW; Converting the Municipal Court Judge Position to an elective position. (2) Ordinance to repeal Ordinance No. 2659, as codified at Tukwila Municipal pg. 98 Code (TMC) section 2.68.026 Regarding the setting of salary for the Municipal Court Judge. c. Authorize the Mayor to execute the Master Service Agreement with Flock Safety to Pg. 101 replace Contract #24-012 and align with Engrossed Substitute State Bill (ESSB) 6002 and established Tukwila Police Department practices with no change to the term orfees. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report MISCELLANEOUS EXECUTIVE SESSION a. Potential Litigation Pursuant to RCW 42.30.110(1)(i) — 20 minutes Potential action to follow in the open meeting. Pg. 119 This agenda is available at www.tukwilawa.qov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov 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. City Council Meeting — Regular May 18, 2026 11. NEW BUSINESS a. Potential Settlement Agreement with T-Force 12. ADJOURN TO CLOSED SESSION y CLOSED SESSION Collective Bargaining — Pursuant to RW 42.30.140(4)(b) Page 3 of 3 This agenda is available at www.tukwilawa.qov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov 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 1s` and 3d 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 2d and 41h 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. Per the Council Rules of Procedure the total time for public comments should not generally exceed 30 minutes and time may be reduced to 3 minutes each if there are more than 6 speakers. 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: https://www.tukwilawa.gov/departments/city-council/ 0 R�I- Recology WASTE ZERO City of Tukwila: 2025 Review May 18t", 2026 ,. ., n •�AM 000000a0000 00000� w Annual Recology Update • Overview of customer service and operations trends throughout 2025 • Waste Zero education and engagement in the community • Focus areas for ongoing diversion support and state law implementation • Recology Highline Store diversion and activities highlights n 101 Operations & Customer Service Updates • New Operations District Manager recruited; overseeing Supervisor in Tukwila area • Increased Customer service staffing • New billing and account management system launched Fall 2025 • Completed Material Recovery Facility improvements • New North hauling yard officially launched as of January 2026 7 Customer Service & Operations Review - Increase of calls in December: new billing system and customer management system launched - Tukwila Customer Service Satisfaction Average Score: 4.6/5 Tukwila Call and Email Volumes 1200 1000 N a W 800 9 C a M 600 $ 400 200 0 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 N25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 ■ Customer Emails 301 373 236 291 322 235 560 511 393 398 347 380 510 ■ Calls 647 663 538 556 516 497 607 586 460 593 415 455 540 NO Customer Service & Operations Review - Majority of calls answered in 20 seconds (91 %+) - ASA at 20.5 seconds or below for entire year (avg. of 12.42 seconds) - Increase of ASA in December: new billing system and customer management system launched Average Seconds to Answer and Calls Answered in 20 Seconds 25.00 120% 100% N 20.00 ■ v 0 0 sago c 15.00 cc 0 O N N 60% C 30.00 N Q 40% a 5.00 20% at 0.00 0% Mar- May- Aug- Nov- Dec-24 Jan-25 Feb 25 25 Apr-25 25 Jun-25 Ju�25 25 Sep 25 Oct-25 25 Dec-25 ASA (Sec) 16.47 15.87 11.71 11.15 10.78 10.27 13.56 12.11 11.95 1 13.03 11.17 7.00 20.46 t % in 20 Seconds 92.81% 94.10% 98.13% 95.86% 97.48% 94.50% 96.05% 96.40% 96.94% 97.27% 97.34% 97.12% 91.85% 9 Customer Service & Operations Review - Miss per thousand under 1 for entire year; average at 0.55 - Reported misses increase in March due to regional routing assignment shifts - Target: 1 Miss/1,000 (-36 total misses per month) 1 0.9 0.8 0.7 0.6 0.5 OA 0.3 02 0.1 0 Dec-24 lan-25 Misses 26 22 M iss/ 1 000 0.72 0.56 Tukwila Misses /1000 Collections Feb-25 Ma,25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 20 32 25 17 25 20 16 15 9 19 24 0.59 0.89 0.71 OA7 0.71 0.5 0.47 CIA 0.23 0.51 0.61 � Misses -Miss/1000 35 30 25 20 15 10 5 0 10 Waste Zero Engagement • Over 3,148 units provided with Doorhanging materials to promote recycling & composting • Recycling & Compost contamination program success: • 1,203 container audits completed • 230 site visits and Technical Assistances completed • 48 Educational materials requests completed • Signage deliveries and installations (including multilingual signage) • Sorting Guides • Recycle Right tools • Recology Store Flyers • Providing outreach for new WA state Organics Management laws for businesses • MRF Tours — ongoing private tours and quarterly public tours 11 Waste Zero Engagement (cont.) • Recycling Event — March 22nd • State of the City —April 2nd • Southcenter Mall Earth Day event —April 19th • Tukwila and Recology 2025 ReThink Art Contest • Tukwila Repair Event — July 12th • Southcenter Touch -A -Truck — August 23rd • Senior Resource Fair — Sept. 13th 12 Recology Store • Residents able to bring hard -to -recycle item drop offs at no cost (such as Styrofoam, lightbulbs, electronics, textiles and more) • All customers able to complete bill pay, make customer service requests and ask questions about their Recology services • In 2025: • 565 hard to recycle drop-offs • 2,804 gallons of Styrofoam diverted! • Waste Reduction Workshops • Sustainable Gift wrapping, Scissor Repair, Mending Hard to Recycle Items Collected at The Recology Store for Tukwila Residents 19 Propane Cylinders Recology WASTE ZERO 2025 Totals 318 Fluorescent Bulbs 2,804 Gallons of Styrofoam 00 13.53 Pounds of Batteries 116 Electronics 24.1 Gallons of Cooking Oil Recology STORE 13 What's Next? • City of Tukwila MRF Tour— May 29th • Southcenter Touch -A -Truck — August 22nd • Outreach for Residents, Schools, Multifamily, and Commercial sites focusing on increasing diversion and reducing contamination in recycling and compost streams • Ongoing WA Law Implementation Support: Organics Management Laws & Recycling Reform Act • Annual Service Guide to be mailed in November � �11 ■ ''` M 67 T mail- 14 Recology., WASTE ZERO 206-944-3900 Tukwila@Recology-com Recology.com/Tukwila City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator Agenda Item Sponsor Legislative History Recommended Motion ITEM NO. 5.C. AGENDA BILL Ordinances: Park Rules Update (TMC 12.08) and Foster Golf Link Fees (TMC 12.12) Kris Kelly, Deputy Director, Parks & Recreation Department April 27, 2026 Community Services & Safety Committee May 11, 2026 Committee of the Whole May 18, 2026 Regular Consent Agenda ❑ Discussion Only ❑x Action Requested MOVE TO adopt the proposed ordinances amending Tukwila Municipal Code Chapter 12.08 (Park Rules and Regulations) and repealing Tukwila Municipal Code Chapter 12.12 (Foster Golf Link Fees) EXECUTIVE SUMMARY The Parks and Recreation Department is proposing amendments Tukwila Municipal Code (TMC) Chapters 12.08 and 12.12, by nature of already being recorded in statute, require ordinance adopted by City Council for any amendments or repeal. Department staff are requesting: 1. Adoption of the proposed ordinance amending TMC Chapter 12.08 (Park Rules) 2. Adoption of the proposed ordinance repealing TMC Chapter 12.12 (Foster Golf Link Fees) DISCUSSION TMC Chapter 12.08 (Parks Rules) Ordinance Chapter 12.08 of the TMC covers Parks Rules and Regulations regarding a wide range of topics such as park hours, restrictions on usage of fireworks, charcoal grills, or motor vehicles in parks, commercial activities in parks, and more. This chapter of the TMC was last updated over a decade ago in 2015 via Ordinance 2476. Department staff, to better provide parks and recreation services to community members, determined that TMC Chapter 12.08 needed a full rewrite via the proposed ordinance. This rewrite aims to encapsulate the entirety of parks and recreation operations, rules of use, penalties for violations, and more in a single TMC chapter. Thus, staff is requesting passage of an ordinance that repeals TMC Chapter 12.08 as it currently exists and then subsequently re-enacts it with the updated language as proposed. TMC Chapter 12.12 (Foster Golf Links Fees) Ordinance This chapter of the TMC focuses entirely on the setting of greens fees for playing at Foster Golf Links, the public golf course operated by the City of Tukwila Parks and Recreation Department. The proposed amendment to TMC Chapter 12.08 (Parks Rules), contains a section titled "Setting of Fees and Charges" that simplifies the fee setting authority to be held by the Parks and Recreation Department Director. Therefore, passage of the proposed amendment to TMC Chapter 12.08 will make TMC Chapter 12.12 redundant, necessitating the proposed repeal of the chapter. FINANCIAL IMPACT Adoption of the proposed ordinances does not create any net general fund inflows and/or outflows. ATTACHMENTS A - PowerPoint presentation B - Proposed Ordinance: TMC Chapter 12.08 (Parks Rules) Amendment - Updated after4127 CSS C - Final Ordinance: TMC Chapter 12.08 (Parks Rules) Amendment D - Final Ordinance: TMC Chapter 12.12 (Foster Golf Links Fees) Repeal 16 E - Minutes from 04/27 Community Services & Safety Committee Proposed Amendments to the Tukwila Municipal Code City of Tukwila Community of the Whole May 11, 2026 TUKWItA PARKS & RE C REAT 10 N GOOD HEALTHY FUN 17 Purpose of Park Rules • Ensures the safety and enjoyment of all park users • Designed to protect public health, safety and property • Promotes good behavior among park and facility visitors • Ensures Tukwila's parks are welcoming and an enjoyable space for everyone. • Helps maintain the quality ofTukwila's park and recreation facilities IN PARK re;ULES ,.yerrrM re rYnl W aH"r bs1 rnr W, rl,w ►M Ils.n W ,whde. kAr. fww . >D w+..n...M. \..w\ M,IrIW .eh4M r,a,rrW M /+tea n„a+w. W W,I,r 1el rW r M.nr M M 1NIA r Wr wr�M/.�.1 <pr.d O aww,l r,ye In,1M M W kN N W Mewd pw,nr I" Mr pr, h M I iM hMbN+,rLMpW41ed MC11TIM)' d n CRY O SIwWML w,1Nn IS leer d rl.Wrenl p4T eelwprn,M sh.." h.,r,n., nr..o.ks, Yeer,eWs, p..Ob,n'ee a." hn,0 1— e.cepr M Ms,t,s,sed ,nd po.te0 CMrcwl aao's, eq M CIh pwWed d,r,[ee. d.- chino,. rnant tM dnp~cs of h "wc, ,I W chrco,l recept,clel Swore houue, dunk t,nks, poor rWe. ,nd pMr ,nr,crlons wwss ,uthp,aed by Cnr, . CnLaLML In Commert W atndh. eacept try p+rmA. MKA,nLnoekeslOveh,ewp,IrucrYH,- CausirsL dam,Le to p,rY property. . weL,l eumpnL. • Alcohol or Illegal Drugs Hunting or harass,ng ir,ldhfe. • soun0 that is plainly sudlDk from 50leer w-ig . o.-ern,Lm v,.unLw . ' 0 Scheduled activitthrough Tukwila Parks & ltecre.ri have priority of use. Some pKisic shelters and ballhcldi mar be reserved. for mm ore Inloratson, please contact 206.767-2322. To report Park maintenance issues are-murring concerns, please call 206-033.71i7. 9 1 1 To report Illegal or suspicious activity, or park viola"iss that are happening NOW, please u11911. TUKWILA f\FA\h III LI \I Ill\ Proposed Amendments • Reflects latest guidance from Washington Cities Insurance Authority (WCIA), the City's risk pool • Modeled after other local jurisdictions, including: • City of Auburn • City of Kirkland • City of Mercer Island • City of Tacoma • City of Everett • Snohomish County • City of Seattle • Includes City Attorney review & consultation TU KW I LA PARKS & RE C REAT I O N GOOD HEALTHY FUN 20 Chapter 12.08 Park Rules and Regulations • Rescind and Replaces the existing Park Code with new provisions • New definitions- park, micromobility device, drones, park ranger, vehicle, etc. • Clarifies and expands upon existing code provisions • Sets authorities and responsibilities- Parks & Recreation Director, Park Ranger • Provides for establishment of a code of conduct & process for appeals • Sets penalties for violations & enforcement methods • "New" provisions include noise; intoxicating liquors and marijuana; damage to park property; animal control; feeding wildlife; damage by animals; boating, fishing and swimming; boats and beaches; vehicles and micromobility devices; setting of fees and charges; gifts, bequests & donations; camping; structures in parks; code of conduct; and park safety. T'U KW I LA PARKS & RE C REAT I O N GOOD HEALTHY FUN ■ 21 Chapter 12.12 Foster Golf Links Fees • Rescinds the Chapter • No longer necessary- fee setting authority addressed in Chapter 12.08 T U KW I LA PARKS & RECREATION GOOD HEALTHY FUN 22 Summary of Public Comments Written public comment period March 12-30: (2) Respondents - (1) Facebook. (1) Microsoft Form Chapter 12.08 Park Rules and Regulations: • Microsoft Form (Respondent 1): "Yes, I think updating rules every so often is smart" • Facebook Post (Respondent 2): "This is bad. Chapter 12.08 Park Rules and Regulations is just the city adding more unnecessary rules and regulations and giving them the ability to enforce things. Like you cant do a protest in a park without a permit or even fly a drone. This is a step toward controlling the people more when you already have control. Let people fly drones at parks. Oh and you cant even use a sling shot, didn't know that. Oh and they can post all this in conspicuous spots, instead of bout in the open space." Chapter 12.12 Foster Golf Links: • Microsoft Form (Respondent 1): No feedback other than it's important to keep golf affordable, especially for people who have lower incomes and are most impacted by the inflation of necessities. Will that be the outcome of this rule change? TU KW I LA PARKS & RE C REAT I O N GOOD HEALTHY FUN 23 Process Summary • March 11 Initial overview by Parks Commission • March 12-30 Written public comment period • Website; email; social media channels • March 27-March 31 • Summarize public comments • Revise the draft TMC amendments • April 8- Parks Commission Meeting • Final TMC Amendments- recommendation to City Council • April 27- Community Services and Safety Committee • Review recommended TMC Amendments- recommend moving forward to COW • May 11- Committee of the Whole • Review recommended TMC Amendments- recommend adoption We are here • May 18- Council Regular Meeting • Adoption of proposed TMC amendments • June 1- Effective Date 24 Questions/Discussion t TUKWILA PARKS & RECREATION GOOD HEALTHY FUN Attachment B 11 aIT NOTE: Shaded text in Exhibit A (pg. 13) denotes revisions made following the April 27t" Community Services & Safety Committee meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO PUBLIC SAFETY; REPEALING ORDINANCE NO. 2476 AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 12.08, THEREBY ELIMINATING TMC CHAPTER 12.08 IN ITS ENTIRETY; REENACTING TMC CHAPTER 12.08; TO UPDATE PARK RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, the City has developed parks and trails for the enjoyment and recreation of all community members; and WHEREAS, it is necessary that rules and regulations be adopted governing operation, use and conduct in public parks with the City of Tukwila; and WHEREAS, the Park Rules and Regulations were last updated over 10 years ago, and City staff, including representatives of the Tukwila Police Department and City Attorney's Office, have worked collaboratively with Parks and Recreation staff to review and develop updates to Chapter 12.08 of the Tukwila Municipal Code (TMC), to address emerging public safety issues; and WHEREAS, on March 11, 2026 and April 8, 2026, the City of Tukwila's Park Commission discussed and recommended the proposed amendments to the City Council for consideration; and WHEREAS, the Parks and Recreation Department, after taking and reviewing public comments upon the proposed amendments during a two -week period in March, 2026, recommend City Council adoption of the substantive changes entailed in the proposed amendments; and WHEREAS, the City Council desires to amend park rules and regulations to properly address the use of public parks and trails and to further the safety, health and welfare of its users; 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 1 of 4 26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for this ordinance. Section 2. Repealer. Ordinance No. 2476, as codified in TMC Chapter 12.08, "Park Rules and Regulations," is hereby repealed, thereby eliminating this chapter in its entirety. 12. 41 0• 0_0 Smeking ... 0• 0•0 &Q fr. �aot Section 3. TMC Chapter 12.08 Reenacted. TMC Chapter 12.08 of the TMC is hereby reenacted to read as follows: CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.010 Chanter Constitutes Park Code 12.08.020 Exercise of Police Powers 12.08.030 Definitions 12.08.040 Authoritv and Responsibility of Parks and Recreation Director 12.08.050 Authority of Park Ranger 12.08.060 Permits — Generally 12.08.070 Permits —Assemblies, Entertainment, Etc. 12.08.080 Solicitina 12.08.090 Busking 12.08.100 Public Disturbance Noises 12.08.110 Sians. Posters. and Notices 12.08.120 Destruction of Park Property 12.08.130 Intoxicating Liquors and Marijuana 12.08.140 Smoking and Vaping in Parks Prohibited 12.08.150 Damage or Removal of Plants Prohibited 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 2 of 4 27 12.08.160 Disposal of Trash 12.08.170 Animal Control 12.08.180 Molesting or Feeding Wildlife or Non -Domesticated Animals 12.08.190 Damage by Animals 12.08.200 Prohibitions as to Boatina. Fishina. and Swimmina 12.08.210 Boats and Beaches 12.08.220 Fires 12.08.230 Use of Certain Eaui 12.08.240 Fireworks or Firearm Discharge 12.08.250 Vehicle and Micromobility Device Standards 12.08.260 Settina of Fees and Charaes 12.08.270 Gifts, Bequests, and Donations 12.08.280 Advertisina. Sponsorship, and Namina Riahts 12.08.290 Camping 12.08.300 No Structures in Parks; Exceptions 12.08.310 ODenina and Closina Hours. No Use of Parks When Closed; Exceptions 12.08.320 Emergency Conditions 12.08.330 Aidina and Abettina Violations 12.08.340 Penalty for Violations 12.08.350 Authority to Adopt a Code of Conduct 12.08.360 Park Safety- Enforcement 12.08.370 Severability Section 4. Chapters Established. All chapters of TMC Chapter 12.08 are hereby established to read as referenced in Exhibit A. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 , 2026. 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 3 of 4 ATTEST/AUTHENTICATED: Andy Youn-Barnett, 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: Exhibit A: Reenacted TMC Chapter 12.08, "Park Rules and Regulations" 2026 Legislation: TMC 12.08 Park Rules Version: 4/20/26 Staff: P. Mayer Page 4 of 4 29 CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.010 Chapter Constitutes Park Code 12.08.020 Exercise of Police Powers 12.08.030 Definitions 12.08.040 Authority and Responsibility of Parks and Recreation Director 12.08.050 Authority of Park Ranger 12.08.060 Permits — Generally 12.08.070 Permits —Assemblies. Entertainment. Etc. 12.08.080 Soliciting 12.08.090 Buskina 12.08.100 Public Disturbance Noises 12.08.110 Signs, Posters, and Notices 12.08.120 Destruction of Park Prooerh 12.08.130 Intoxicating Liquors and Marijuana 12.08.140 Smoking and Vaping in Parks Prohibited 12.08.150 Damaae or Removal of Plants Prohibited 12.08.160 Disposal of Trash 12.08.170 Animal Control 12.08.180 Molesting or Feeding Animals 12.08.190 Damage by Animals 12.08.200 Prohibitions as to Boatina. Fishina. and Swimmi 12.08.210 Boats and Beaches 12.08.220 Fires 12.08.230 Use of Certain EauiamI 12.08.240 Fireworks or Firearm Discharge 12.08.250 Vehicle and Micromobility Device Standards 12.08.260 Setting of Fees and Charges 12.08.270 Gifts, Bequests, and Donations 12.08.280 Advertising, Sponsorship, and Naming Rights 12.08.290 Camping 12.08.300 No Structures in Parks; Exceptions 12.08.310 Oaenina and Closina Hours. No Use of Parks When Closed, Exceptions 12.08.320 Emergency Conditions 12.08.330 Aiding and Abetting Violations 12.08.340 Penalty for Violations 12.08.350 Authoritv to Adoot a Code of Conduct 12.08.360 Park Safety- Enforcement 12.08.370 Severability 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 1 of 13 30 12.08.010. Chapter Constitutes Park Code. This chapter shall constitute the Park Code of the City of Tukwila and may be cited as such. Conduct in all public parks shall be subject to all applicable provisions of the Tukwila Municipal Code, the general police regulations of the City of Tukwila, and rules adopted by the Parks and Recreation Department and not exclusively to the provisions of this chapter. 12.08.020. Exercise of Police Powers. This chapter is hereby declared to be an exercise of the police power of the State of Washington, the City of Tukwila, and the Parks and Recreation Department for the public peace, health, safety, and welfare, and its provisions shall be liberally construed. 12.08.030. Definitions. A. "Busk" is the act of performing in a public area for voluntary donations, including, but not limited to, the following activities: acting, singing, playing musical instruments whether amplified or not, pantomime, juggling, magic, dancing, and reciting. This does not include the production of items for sale. B. "Busker" means a person who has obtained a permit pursuant to this chapter. C. "Civil infraction" has the meaning given that term by chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction and any local rule adopted thereto by the Tukwila Municipal Court. D. "Camp" means to pitch, use or occupy camp facilities for the purposes of habituation, living accommodation, or dwelling as evidenced by the storage of personal belongings in "camp facilities" or the use of "camp paraphernalia", or as further defined in the Tukwila Municipal Code. E. "Camp facilities" include, but are not limited to, tents, huts, temporary shelters, or vehicles if said vehicle is being used as a temporary living quarters. "Camp facilities" does not include shelters when used temporarily in a park for recreation or play during hours when the park is open to the public, or as further defined in the Tukwila Municipal Code. F. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non -city designated cooking facilities or similar equipment, or as further defined in the Tukwila Municipal Code. G. "Director" means the Director of the Parks and Recreation Department of the City of Tukwila or their designee. H. "Drones" or "Unmanned Aircraft Systems" WAS) or "Unmanned Aerial Vehicle" (UAV) means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. The vehicle may be expendable and recoverable. I. "Micromobility device" means a personal transportation device such as bicycles, scooters, skateboards, roller skates, roller blades, unicycles, mono wheel devices, surreys, electric personal assistive mobility devices (EPAMD) and electric motorized foot scooters. A micromobility device includes all human powered devices, including devices 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 2 of 13 Version: 4/20/26 Staff: P. Mayer 31 powered by more than one person, and devices that are powered by an electric motor that is capable of propelling the device with or without the assistance of human propulsion. J. "Park" means and includes all parks, squares, drives, parkways, docks, piers, boulevards, golf courses, beaches, ponds, fountains, aquatic facilities, spray grounds, playgrounds, recreation areas, community centers, museums, shelters, restrooms, athletic fields and facilities, trails, paths or open spaces, or parking lots associated with any park within the City limits and any other facilities either improved or unimproved, that are owned by the City of Tukwila, or under the management and control of the City of Tukwila. K. "Park Ranger" shall mean a city employee who has been deputized by the Chief of Police with a special commission that has limited authority to enforce specific state laws and local ordinances to provide resource protection; enforce park rules, regulations and other applicable city, county and state laws; assist visitors; conduct light maintenance; monitor for damage or hazards; and provide education and outreach. L. "Park rule" means those particular rules enumerated here, and/or subsequently implemented, including rules, regulations and/or codes of conduct the Director of Parks and Recreation has adopted and has designated, by rule, as those for which a violation may lead to exclusion from a park under Sections 12.08.320, 12.08.330, 12.08.340, 12.08.350, and 12.08.360. M. "Permit" means an authorization for the use of parks and recreation facilities that impose conditions on the permittee in addition to those conditions imposed on the general public. N. "Recreation program" means any program or activity conducted, sponsored, or assisted by Tukwila Parks and Recreation, whether or not it occurs in a park. O. "Sound -producing source" means anything that is capable of making sound. Sound -producing source includes, but is not limited to the conditions stipulated in TMC 8.22.010 or as subsequently amended. P. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location, or as further defined in the Tukwila Municipal Code. Q. "Structure" means any structure or shelter, including but not limited to any temporary makeshift dwelling units, lean-tos, shacks and/or trailers, comprised of tree branches, wood, plastic, metal, nylon, tarp or any other materials. R. "Vape" or "Vaping means the use of any kind of vapor product. S. "Vapor product" means any noncombustible product containing solution or other consumable substance, regardless of whether it contains nicotine, which employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to produce vapor from the solution or other substance, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. T. "Vehicle" shall have the meaning set forth in RCW 46.04.670 as currently enacted or hereafter amended and shall also include (1) trailers, including trailers designed to be towed behind any vehicle, and (2) any personal transportation device such as bicycle, 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 3 of 13 Version: 4/20/26 Staff: P. Mayer 32 scooters, skateboards, unicycles, surreys or mono wheel devices that are powered by an internal combustion engine that is capable of propelling the device with or without human propulsion. A micromobility device is not a vehicle. Wherever consistent with the context of this chapter, words in the present, past, or future tenses shall be construed to be interchangeable with each other, and words in the sinaular number shall be construed to include the plural. 12.08.040. Authority and Responsibility of Parks and Recreation Director. A. The Parks and Recreation Department shall have all the powers to perform all the duties provided by the laws of the state relating to park and recreational departments in cities under the Optional Municipal Code. The Parks and Recreation Department shall have the management of the park, golf, trail, open space and recreation system and the administration of the rules and regulations provided by the Mayor and City Council for the management of municipal parks, golf and recreation areas. B. The Director shall have the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations shall include a procedure for granting blanket permits encompassing any particulars of this chapter. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the Department of Parks and Recreation. 12.08.050. Authority of Park Ranger. A Park Ranger is authorized to enforce provisions of the Tukwila Municipal Code, the general police regulations of the City of Tukwila, laws of the state of Washington, and rules adopted by the Parks and Recreation Department, consistent with and limited to their special commission from the Chief of Police. 12.08.060. Permits — Generally. Permits, when required by this Chapter, shall be applied for through the Director unless otherwise specified. The granting, denying or revocation of permits shall be based upon the policies and standards set forth in this chapter and the rules of the Director, as now or hereafter amended, which are incorporated herein as though fully set forth. Where fees are required by the Director for the issuance of permits, payment of such fees will be required before permits are issued. All permits issued hereunder shall be subject to other applicable Tukwila Municipal Code provisions, City ordinances, and Parks and Recreation Department rules. The persons to whom such permits are issued ("permittees") shall be bound by said code, ordinances, and rules as fully as though the same were contained in such permits. A permittee shall be liable for any loss, damage, or injury sustained by any person by reason of the negligence, unlawful or wrongful conduct of the permittee, as well as for any breach of such code, ordinances, or rules, to the person or persons so suffering a loss, damage, or injury. Any person claiming to have a permit issued hereunder must produce and exhibit such permit upon the request of any authorized person who may desire to inspect the same. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 4 of 13 Version: 4/20/26 Staff: P. Mayer 33 12.08.070. Permits —Assemblies, Entertainment, Etc. Any person who conducts or participates in any organized entertainment, demonstration, or public gathering in any park shall obtain a permit from the Director. The procedure for application and consideration of permits for this purpose is as follows: A. Any person seeking to obtain a permit shall file a written application with the Director no later than one month prior to the date of the proposed use. The application shall state the purpose for which the park would be used, the date and time of the proposed use, the name of the park and the area thereof that would be used, the anticipated number of persons who would be present, and such other information reasonably relating to the contemplated use as the Director may require; provided, however, that said Director may, for good cause shown, waive the one -month requirement for filing said application. B. When the proposed use is an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, Section 3, 4, 5, or 11 of the Washington Constitution, the application shall be processed promptly, without charging a fee for political or religious activities other than a fee based on the cost of processing the application, or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberties of applicants and the public. C. If, under the conditions set forth in subsection A of this section, the Director finds after an investigation that the safety, comfort, and convenience of the public in the use of the parks, or in the usage of the area adjacent to the park, would be unduly disturbed, they may deny the application, may impose restrictions upon the permit, or may issue a permit for a different date, time, park, or park area so as to alleviate such burden. The Director may issue a permit for use of the park during hours when the park is closed if they approve the application. 12.08.080. Soliciting. It is unlawful for any person to solicit, sell, or peddle any goods, services, wares, merchandise, liquids or edibles for human consumption in any park, except by permit issued by the Director. 12.08.090. Busking. A. Permit required. A busker shall obtain and display a permit at all times while performing in a park. A busking permit may be suspended or revoked if the busker violates any provision of this chapter or any permit regulation. A busking permit shall be nontransferable and shall remain the orooerty of the citv. Each member of a aroua of performers shall be required to obtain a busking permit. B. The Public Works Department Director is authorized and directed to adopt and promulgate rules as deemed necessary for the permitting of busking on sidewalks and rights -of -way as defined in this chapter. C. Prohibitions and restrictions. It is unlawful for anv person to busk in anv park. sidewalk and riahts-of-wa without first obtaining a permit. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 5of13 34 2. A busker shall not block the Dassaae of the Dublic throuah a Dark. sidewalk or Public rights -of -way. If a sufficient crowd gathers to see or hear a busker such that the passage of the public through a public area is blocked a City of Tukwila employee, park ranger or police officer may disperse that portion of the crowd that is blocking the passage of the public. A busker shall not be asked to leave the location unless all other means of restoring the public safety or order have been exhausted. 3. A busker shall not perform in a park, sidewalk or public rights -of -way so as to obstruct access to private property, except with the prior consent of the owner or manager of the Property. 4. No busker shall use profane, obscene, or lewd language or imagery while performing. 5. No busker may aenerate noise that is in excess of the permissible sound levels as defined in TMC Section 8.22.050 or as otherwise exempted pursuant to TMC Section 8.22.100. 12.08.100. Public Disturbance Noises. A. Noise in parks and penalties for violations is regulated by TMC Chapter 8.22 as now enacted or as subsequently amended, except that permitted events must comply with the standard set forth herein. B. The use of public address systems or other sound -amplifying devices must be approved by specific permit. C. It is a violation to use a public address or sound -amplifying device in a park without a permit. 12.08.110. Signs, Posters and Notices. A. It is unlawful for any person, without prior written permission of the Director or otherwise consistent with regulations established by the Director consistent with this section, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park. B. It is unlawful for any person, without prior written permission of the Director or otherwise consistent with regulations established by the Director consistent with this section, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, whether permanent or temporary. 12.08.120. Destruction of Park Property. It is unlawful for any person to damage or destroy any real or personal property within a park or to physically interfere with any City of Tukwila employee in the discharge of their duties within a park. 12.08.130. Intoxicatinq Liquors and Marijuana. A. The display, possession, or consumption of intoxicating liquors in any park is prohibited, except in particular areas or facilities which may be expressly designated from 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 6 of 13 Version: 4/20/26 Staff: P. Mayer 35 time to time by the Director. The penalty for any violation of this section shall be as set forth in RCW 66.44.100, as currently enacted or as subsequently amended. B. The opening of a package containing marijuana, useable marijuana, marijuana - infused products, or marijuana concentrates, or consuming marijuana, useable marijuana, marijuana -infused products, or marijuana concentrates, in any park is prohibited. "Marijuana" means marijuana as defined by RCW 69.50.101 as now or hereafter amended. The penalty for any violation of this section shall be as set forth in RCW 69.50.445. as now enacted or as subseauentiv amended. C. Whenever any person is stopped for a violation of this section, the officer may detain that person for a reasonable period of time necessary to identify the person and check for outstanding warrants. 12.08.140. Smoking and Vaping in Parks Prohibited. It is unlawful for any person to smoke or vape any product derived from or containing nicotine within a park, unless the product has been approved by the United States Food and Drug Administration as a tobacco cessation product, such as transdermal nicotine patches, nicotine gum and nicotine lozenges, or for the other medically approved purposes and is being used for that approved purpose. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of pipe, cigar, cigarette, or any other object that is lighted and used for smoking. 12.08.150. Damage or Removal of Plants Prohibited. Unauthorized cutting, removal, or destruction of any turf, tree, plant, shrub, flower, or seaweed on park property is prohibited. While inside any park, having in one's possession any newly -plucked branch, tree, flower, plant, fungus (mushrooms, shelf fungus, etc.), algae (seaweed, etc.), or shrub without specific permission shall be presumptive evidence of such unauthorized cuttina. removal. or destruction. 12.08.160. Disposal of Trash. No person shall throw or leave litter, garbage, trash, or yard waste in or at a park except in a receptacle provided for that purpose. No person shall deposit on any park Property any household or commercial garbage, refuse, or rubbish which is brought as such from any private property. The penalty for violation of this section shall be as set forth in TMC Section 8.80.020. 12.08.170. Animal Control. A. Unless in a designated off -leash area, animals must be on a leash no longer than eight feet or secured inside a vehicle and are not allowed to enter ponds, fountains, spraygrounds, or any play area designed to utilize water in any park. Animals of any other type are not permitted in any park unless first approved by the Director, except for service animals. as defined in RCW 9.91.170. B. Any person with an animal in their possession shall be responsible for the conduct of the animal. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 7 of 13 36 C. The Director may prohibit animals. except for service animals as defined in RCW 9.91.170, from events and/or facilities within a park. D. All provisions of Title 7 of this code remain in full force and effect in all parks and may be enforced by anv police officer. park ranaer or animal control officer. 12.08.180. Molestina or Feedina Wildlife or Non -Domesticated Animals. No person shall molest or harass any wildlife or non -domesticated animal in a park. It shall be unlawful for any person to give, offer, or attempt to give to any wildlife or non - domesticated animal within a park any tobacco, drink, or other substance known to be dangerous or noxious to wildlife or non -domesticated animals. It is also unlawful to feed any wildlife or non -domesticated animal in a park, except as authorized by the Director. 12.08.190. Damage by Animals. Owners of dogs or other animals damaging or destroying park property will be held liable for the full value of the property damaged or destroyed, in addition to impounding fees and the penalty imposed for violation of these provisions. 12.08.200. Prohibitions as to Boating, Fishing, and Swimming. It is unlawful for any person to boat, fish, wade, swim, scuba dive, snorkel, or bathe in any park except in the places and at times designated by the Director. 12.08.210. Boats and Beaches. No dock or anv other structure shall be built upon anv beach unless authorized. Launching or landing of waterborne craft from any shoreline within the limits of any park is prohibited, except in an emergency involving rescue or lifesaving, in specifically designated areas or with a specific permit issued by the Director. The launching or landing of waterborne craft, as provided in this section, shall be unlawful if anv reauired fee. as determined by the Director. has not been paid. 12.08.220. Fires. Fires are prohibited except in picnic stoves installed under the authority of the Director or in portable barbeques. Fires in any other facility or area are allowed only by special permit. Fires in picnic stoves or portable barbeques may only utilize propane or charcoal briquettes as fuel; all other fuel sources, including wood, are specifically prohibited. Portable barbeques may be utilized only for cooking food. Briquettes must be completely extinguished and properly disposed of or removed from the park. The Director may further restrict the use of barbeques within any park, provided that signs are installed to notify patrons of the restrictions 12.08.230. Use of Certain Equipment. A. It is unlawful for any person to erect any inflatable structure or attraction including, but not limited to, bounce houses, dunk tanks, horse/pony/mule rides, etc.; use a slingshot, bow and arrow, beanshooter, paintball gun or similar implement or equipment; operate any hot air balloon, sky lantern or other device that uses a flame for lift or 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 8 of 13 Version: 4/20/26 Staff: P. Mayer 37 propulsion or other similar implement; or use golf or archery equipment in or upon any park; except that golf and archery equipment may be used in areas specifically designated for that use, or as otherwise authorized by the Director. B. It is unlawful to practice or play golf, baseball, tennis, soccer, or other games of like character, or to hurl or propel any projectile or missile into or over any park, except in areas specifically designated for that use. It is unlawful to operate motorized model aircraft, drones, unmanned aircraft systems WAS), unmanned aerial vehicle (UAV), motorized models such as cars, cycles, trucks, or watercraft in any park, except as specifically designated for that use or as otherwise authorized by the Director. 12.08.240. Fireworks or Firearm Discharge. It is unlawful to carry, shoot, fire, or explode any fireworks or explosives of any kind in any park and it is unlawful to shoot, fire or explode any firearm, air gun, B.B. or pellet gun in any park. 12.08.250. Vehicle and Micromobility Device Standards. A. It is unlawful to enter or leave a park by vehicle and micromobility devices by other than established entrances and exits. B. Vehicles are prohibited in any park, except on roads intended for the movement of public vehicular traffic, or on roads specifically designated and signed for such use. C. Micromobility devices are permitted on roads. sidewalks. Daths or trails in an park unless otherwise prohibited and signed for the particular micromobility device(s) being prohibited. D. The parking of vehicles in any park is prohibited except in established parking areas. It is unlawful to park along roadways if the normal flow of traffic is impeded or if parking causes conditions that are hazardous to public safety. Any vehicle that is impeding traffic or is illegally parked may be impounded. E. No person shall service, wash, wax, or change the oil of any vehicle within a park. F. It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance, or hill climbing involving any vehicle, boat, aircraft, micromobility device, or animal in any park without specific permit. G. All vehicles and micromobility devices shall obey the posted speed limits and all other regulatory signs 12.08.260. Setting of Fees and Charges The Director is authorized to charge fees for entering parks, parking, programs, activities, services, and permits as well as for the use of City Park and Recreation facilities as established by city Ordinances, Resolutions, park rules, and policies as now exist or are hereafter amended. The Director is also authorized to waive or reduce such fees, establish experimental rates and engage in special promotional and marketing activities. All fees and charges shall remain in effect unless they are repealed, superseded or amended by Council or department action. Fees, rates and charges and amendments thereto shall be publicly posted on the City's website, publicly posted at Tukwila 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 9 of 13 Version: 4/20/26 Staff: P. Mayer IN Community Center, Foster Golf Course and filed with the City Clerk. Whenever a fee is paid for the use of Department facilities or property or for participation in a Department sponsored class, program, or service and no use or rights have been exercised pursuant thereto and aaalication is made for refund. the Director may authorize such fee refunded. 12.08.270. Gifts, Bequests and Donations. Pursuant to TMC Chapter 3.36, as currently enacted or as subsequently amended, and upon delegation by the Mayor, the Director may solicit and accept from the general and business communities, non-profit organizations and all other persons, gifts, bequests and donations to the City of, or in support of, Parks and Recreation facilities, services and programs. The Director shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor. Unless otherwise promulgated by ordinance, policy or rule, the Mayor or their designee shall promulgate appropriate administrative rules, policies and/or standard operating procedures regarding the acceptance of gifts, bequests donations. 12.08.280. Advertising, Sponsorship and Naming Rights. Pursuant to TMC Chapter 3.36, as currently enacted or as subsequently amended, and upon delegation by the Mayor, the Director may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing financial support for Parks and Recreation facilities, services and programs. Unless otherwise promulgated by ordinance, policy or rule, the Mayor or their designee shall promulgate appropriate administrative rules, policies and/or standard operating procedures regarding advertising, sponsorship and naming rights. 12.08.290. Camping. A person commits the offense of unlawful camping in a park if they camp in any park pursuant to TMC Chapter 8.41 except as otherwise provided by ordinance, park rule, or as permitted and so designated by signs. 12.08.300. No Structures in Parks; Exceptions. A. It is unlawful to erect, maintain, use or occupy any structure within a park, except as permitted under TMC Chapter 8.41. B. This section shall not apply to: 1. Any structure erected installed or placed within a park by the owner or operator of the park or as expressly authorized by the Director. 2. A temporary structure that has only a roof and no walls. 12.08.310. Opening and Closing Hours, No Use of Parks When Closed; Exceptions. A. Parks are considered open one-half hour before sunrise and closed one-half hour after sunset, unless otherwise expressly determined by the Director or otherwise posted at the park. Any person entering or remaining in a park when it is closed is subject to arrest and prosecution for criminal trespass. Any vehicle remaining in a park when the 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 10 of 13 Version: 4/20/26 Staff: P. Mayer 99 park is closed may be impounded and any personal property or structure remaining in a park when the park is closed may be removed. B. The Director may extend open hours for sanctioned events or uses, but only that portion of a park specified by the Director will be open beyond normal hours; other areas of such a park shall remain closed. C. This section shall not apply to: 1. Starfire Sports facilitv or anv other concessioned or leased facilitv constructed and operated in a park, or as otherwise specified by the Director. 2. Police Officers. Park Ranaers or other Park emDlovees while on-d 3. Sidewalks that are within the right-of-way of a public street, when the street is not within the boundaries of a Dark. 12.08.320. Emeraencv Conditions. A. In case of an emergency, or in case where life and property are endangered, all persons, if requested to do so by the Director or other City of Tukwila employee, Park Ranger or a Police Officer, shall depart from the portion of the grounds specified by such employee, Ranger or Officer, and shall remain off the same until permission is given to return. B. Any person who remains on park property after being required to leave by a City of Tukwila employee, Park Ranger or by a Police Officer, or who returns to the park without permission, is guilty of criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040. Any juvenile violating this section may be arrested and prosecuted under chapter 9.52 RCW, as currently enacted or hereafter amended. 12.08.330. Aiding and Abetting Violations. Anyone concerned in the violation of this chapter, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. 12.08.340. Penalty for Violations. Unless specifically designated to be enforced pursuant to other law, including, but not limited to, state law or another section, chapter, or title of the Tukwila Municipal Code, any violation of this chapter shall constitute a civil infraction, not including statutory assessments. Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation. Such penalty is in addition to any other remedies or penalties provided by law including, but not limited to, another section, chapter, or title of the Tukwila Municipal 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 11 of 13 Version: 4/20/26 Staff: P. Mayer m Code or the Revised Code of Washington. For each act herein prohibited of a continuin nature, each day shall be considered a separate offense. 12.08.350. Authority to Adopt a Code of Conduct. The use and enjoyment of parks are enhanced when patrons abide by a code of conduct that promotes health and safety, that requires respect for the rights and needs of others, and that requires respect for the park property. The Director may adopt a code of conduct that regulates any activity or behavior in parks to protect the public's health and safety, to promote respect for the rights and needs of others, and to preserve park Property. Said code of conduct will be posted at Park and Recreation facilities, parks and trailheads, and other program/service locations. The Director may also include within the code of conduct criteria to determine the length of any exclusion notice issued pursuant to TMC Chanter 8.23 and TMC Section 8.40.040. 12.08.360. Park Safety — Enforcement A. General. Park rules, as promulgated in this chapter, are established to provide a system by which the greatest number of people may obtain the maximum satisfaction from the use of city parks. For the rules to serve this purpose, they must be understood and followed by the park users. Accordingly, park safety involves both public awareness and rule enforcement programs. B. Application of Park Safety Program. The degree and extent to which the application of park safety shall be adapted to city parks shall be based on purpose and location of each park and recreation facility, its environment and surrounding community, the number and type of persons using it, the number and type of rule violations that have occurred in the past, and the perception that the people of the city have of the park or facility as a safe place to use. The Department shall keep records of safety problems and rules violations in each facility and continuously evaluate its safety program for each facility based on those records. C. Responsibilities. Park safety is the responsibility of both the Tukwila Police Department and the Parks and Recreation Department. Specific responsibilities include the following: 1. Parks and Recreation Department: (a) Enforcing Park rules and rules of conduct set forth in the ordinance for which department personnel have appropriate authority. (b) Developing and implementing public awareness programs regarding the purpose of parks, trails and recreation facilities, programs, activities and services and the rules governing their use. (c) Encouraging voluntary compliance with rules based on awareness. (d) Training department personnel in the appropriate use of administrative sanctions as a means of park rule enforcement. (e) Notification of Tukwila Police Department officers who have primary jurisdiction whenever department personnel observe violations of park rules requiring 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 12 of 13 Version: 4/20/26 Staff: P. Mayer 41 further law enforcement authority or other violations of local, state, or federal laws; whenever there is an emergency requiring law enforcement assistance; or whenever they need assistance in executing their responsibilities pursuant to this chapter. 2. Tukwila Police Department: a) Issuina a special commission and associated trainina of personnel authorized to issue citations for infractions and misdemeanor offenses. (b) Providing supplementary patrols in parks, facilities and during events, activities and programs as jointly determined by the Director and Chief of Police. (c) Responding, as appropriate, to requests from department personnel for assistance in situations beyond their capacity or authority to act. D. Enforcement methods. 1. Enforcement Authority in Parks. In addition to any other enforcement authority, when any City employee, Park Ranger, or Police Officer has probable cause to believe that any person within a park has committed a crime as defined by the RCW or by the Tukwila Municipal Code, or has violated any ordinance, rule or regulation established by this park code or by the Parks and Recreation Department, the PeInGe (a) The Police Officer, Park Ranger, or City employee may order such person to immediately leave the park and/or recreation program. Any person refusing to comply with such an order or returning to the park and/or recreation program on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040; and (b) Issue the person a trespass order prohibiting them from a park and/or recreation program for a specified period pursuant to TMC Section 8.23.030 as currently enacted or as subsequently amended. Persons receiving such an exclusion order who return to the park and/or recreation program within the exclusion period are subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040. 12.08.370. Severability. If any part, provision, or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 13 of 13 Version: 4/20/26 Staff: P. Mayer 42 Attachment C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO PUBLIC SAFETY; REPEALING ORDINANCE NO. 2476 AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 12.08, THEREBY ELIMINATING TMC CHAPTER 12.08 IN ITS ENTIRETY; REENACTING TMC CHAPTER 12.08; TO UPDATE PARK RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, the City has developed parks and trails for the enjoyment and recreation of all community members; and WHEREAS, it is necessary that rules and regulations be adopted governing operation, use and conduct in public parks with the City of Tukwila; and WHEREAS, the Park Rules and Regulations were last updated over 10 years ago, and City staff, including representatives of the Tukwila Police Department and City Attorney's Office, have worked collaboratively with Parks and Recreation staff to review and develop updates to Chapter 12.08 of the Tukwila Municipal Code (TMC), to address emerging public safety issues; and WHEREAS, on March 11, 2026 and April 8, 2026, the City of Tukwila's Park Commission discussed and recommended the proposed amendments to the City Council for consideration; and WHEREAS, the Parks and Recreation Department, after taking and reviewing public comments upon the proposed amendments during a two -week period in March, 2026, recommend City Council adoption of the substantive changes entailed in the proposed amendments; and WHEREAS, the City Council desires to amend park rules and regulations to properly address the use of public parks and trails and to further the safety, health and welfare of its users; 2026 Legislation: TMC 12.08 Park Rules Version: 05/13/26 Staff: P. Mayer Page 1 of 4 43 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for this ordinance. Section 2. Repealer. Ordinance No. 2476, as codified in TMC Chapter 12.08, "Park Rules and Regulations," is hereby repealed, thereby eliminating this chapter in its entirety. CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.005 Police Power 12.08.010 Definitions 12.08.020 Motorized Vehicles 12.08.030 Fireworks or Firearm Discharge 12.08.040 Fires 12.08.050 Charcoal Grills 12.08.060 Smoking 12.08.070 Amusement Attractions 12.08.080 Soliciting, Concessions, Commercial Activities 12.08.090 Trail Use 12.08.100 Facilities Use Reservations 12.08.120 Violation — Penalty Section 3. TMC Chapter 12.08 Reenacted. TMC Chapter 12.08 of the TMC is hereby reenacted to read as follows: CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.010 Chapter Constitutes Park Code 12.08.020 Exercise of Police Powers 12.08.030 Definitions 12.08.040 Authority and Responsibility of Parks and Recreation Director 12.08.050 Authority of Park Ranger 12.08.060 Permits — Generally 12.08.070 Permits — Assemblies, Entertainment, Etc. 12.08.080 Soliciting 12.08.090 Busking 12.08.100 Public Disturbance Noises 12.08.110 Signs, Posters, and Notices 12.08.120 Destruction of Park Property 12.08.130 Intoxicating Liquors and Marijuana 12.08.140 Smoking and Vaping in Parks Prohibited 12.08.150 Damage or Removal of Plants Prohibited 2026 Legislation: TMC 12.08 Park Rules Page 2 of 4 Version: 05/13/26 Staff: P. Mayer 12.08.160 Disposal of Trash 12.08.170 Animal Control 12.08.180 Molesting or Feeding Wildlife or Non -Domesticated Animals 12.08.190 Damage by Animals 12.08.200 Prohibitions as to Boating, Fishing, and Swimming 12.08.210 Boats and Beaches 12.08.220 Fires 12.08.230 Use of Certain Equipment 12.08.240 Fireworks or Firearm Discharge 12.08.250 Vehicle and Micromobility Device Standards 12.08.260 Setting of Fees and Charges 12.08.270 Gifts, Bequests, and Donations 12.08.280 Advertising, Sponsorship, and Naming Rights 12.08.290 Camping 12.08.300 No Structures in Parks; Exceptions 12.08.310 Opening and Closing Hours, No Use of Parks When Closed; Exceptions 12.08.320 Emergency Conditions 12.08.330 Aiding and Abetting Violations 12.08.340 Penalty for Violations 12.08.350 Authority to Adopt a Code of Conduct 12.08.360 Park Safety- Enforcement 12.08.370 Severability Section 4. Chapters Established. All chapters of TMC Chapter 12.08 are hereby established to read as referenced in Exhibit A. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 , 2026. 2026 Legislation: TMC 12.08 Park Rules Version: 05/13/26 Staff: P. Mayer Page 3 of 4 45 ATTEST/AUTHENTICATED: Andy Youn-Barnett, 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: Exhibit A: Reenacted TMC Chapter 12.08, "Park Rules and Regulations" 2026 Legislation: TMC 12.08 Park Rules Version: 05/13/26 Staff: P. Mayer Page 4 of 4 ENO CHAPTER 12.08 PARK RULES AND REGULATIONS Sections: 12.08.010 Chapter Constitutes Park Code 12.08.020 Exercise of Police Powers 12.08.030 Definitions 12.08.040 Authority and Responsibility of Parks and Recreation Director 12.08.050 Authority of Park Ranger 12.08.060 Permits — Generally 12.08.070 Permits — Assemblies, Entertainment, Etc. 12.08.080 Soliciting 12.08.090 Busking 12.08.100 Public Disturbance Noises 12.08.110 Signs, Posters, and Notices 12.08.120 Destruction of Park Property 12.08.130 Intoxicating Liquors and Marijuana 12.08.140 Smoking and Vaping in Parks Prohibited 12.08.150 Damage or Removal of Plants Prohibited 12.08.160 Disposal of Trash 12.08.170 Animal Control 12.08.180 Molesting or Feeding Animals 12.08.190 Damage by Animals 12.08.200 Prohibitions as to Boating, Fishing, and Swimming 12.08.210 Boats and Beaches 12.08.220 Fires 12.08.230 Use of Certain Equipment 12.08.240 Fireworks or Firearm Discharge 12.08.250 Vehicle and Micromobility Device Standards 12.08.260 Setting of Fees and Charges 12.08.270 Gifts, Bequests, and Donations 12.08.280 Advertising, Sponsorship, and Naming Rights 12.08.290 Camping 12.08.300 No Structures in Parks; Exceptions 12.08.310 Opening and Closing Hours, No Use of Parks When Closed, Exceptions 12.08.320 Emergency Conditions 12.08.330 Aiding and Abetting Violations 12.08.340 Penalty for Violations 12.08.350 Authority to Adopt a Code of Conduct 12.08.360 Park Safety- Enforcement 12.08.370 Severability 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Version: 4/20/26 Staff: P. Mayer Page 1 of 13 47 12.08.010. Chapter Constitutes Park Code. This chapter shall constitute the Park Code of the City of Tukwila and may be cited as such. Conduct in all public parks shall be subject to all applicable provisions of the Tukwila Municipal Code, the general police regulations of the City of Tukwila, and rules adopted by the Parks and Recreation Department and not exclusively to the provisions of this chapter. 12.08.020. Exercise of Police Powers. This chapter is hereby declared to be an exercise of the police power of the State of Washington, the City of Tukwila, and the Parks and Recreation Department for the public peace, health, safety, and welfare, and its provisions shall be liberally construed. 12.08.030. Definitions. A. "Busk" is the act of performing in a public area for voluntary donations, including, but not limited to, the following activities: acting, singing, playing musical instruments whether amplified or not, pantomime, juggling, magic, dancing, and reciting. This does not include the production of items for sale. B. "Busker" means a person who has obtained a permit pursuant to this chapter. C. "Civil infraction" has the meaning given that term by chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction and any local rule adopted thereto by the Tukwila Municipal Court. D. "Camp" means to pitch, use or occupy camp facilities for the purposes of habituation, living accommodation, or dwelling as evidenced by the storage of personal belongings in "camp facilities" or the use of "camp paraphernalia", or as further defined in the Tukwila Municipal Code. E. "Camp facilities" include, but are not limited to, tents, huts, temporary shelters, or vehicles if said vehicle is being used as a temporary living quarters. "Camp facilities" does not include shelters when used temporarily in a park for recreation or play during hours when the park is open to the public, or as further defined in the Tukwila Municipal Code. F. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non -city designated cooking facilities or similar equipment, or as further defined in the Tukwila Municipal Code. G. "Director" means the Director of the Parks and Recreation Department of the City of Tukwila or their designee. H. "Drones" or "Unmanned Aircraft Systems" (UAS) or "Unmanned Aerial Vehicle" (UAV) means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. The vehicle may be expendable and recoverable. I. "Micromobility device" means a personal transportation device such as bicycles, scooters, skateboards, roller skates, roller blades, unicycles, mono wheel devices, surreys, electric personal assistive mobility devices (EPAMD) and electric motorized foot scooters. A micromobility device includes all human powered devices, including devices 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 2 of 13 Version: 4/20/26 Staff: P. Mayer i • powered by more than one person, and devices that are powered by an electric motor that is capable of propelling the device with or without the assistance of human propulsion. J. "Park" means and includes all parks, squares, drives, parkways, docks, piers, boulevards, golf courses, beaches, ponds, fountains, aquatic facilities, spray grounds, playgrounds, recreation areas, community centers, museums, shelters, restrooms, athletic fields and facilities, trails, paths or open spaces, or parking lots associated with any park within the City limits and any other facilities either improved or unimproved, that are owned by the City of Tukwila, or under the management and control of the City of Tukwila. K. "Park Ranger" shall mean a city employee who has been deputized by the Chief of Police with a special commission that has limited authority to enforce specific state laws and local ordinances to provide resource protection; enforce park rules, regulations and other applicable city, county and state laws; assist visitors; conduct light maintenance; monitor for damage or hazards; and provide education and outreach. L. "Park rule" means those particular rules enumerated here, and/or subsequently implemented, including rules, regulations and/or codes of conduct the Director of Parks and Recreation has adopted and has designated, by rule, as those for which a violation may lead to exclusion from a park under Sections 12.08.320, 12.08.330, 12.08.340, 12.08.350, and 12.08.360. M. "Permit" means an authorization for the use of parks and recreation facilities that impose conditions on the permittee in addition to those conditions imposed on the general public. N. "Recreation program" means any program or activity conducted, sponsored, or assisted by Tukwila Parks and Recreation, whether or not it occurs in a park. O. "Sound -producing source" means anything that is capable of making sound. Sound -producing source includes, but is not limited to the conditions stipulated in TMC 8.22.010 or as subsequently amended. P. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location, or as further defined in the Tukwila Municipal Code. Q. "Structure" means any structure or shelter, including but not limited to any temporary makeshift dwelling units, lean-tos, shacks and/or trailers, comprised of tree branches, wood, plastic, metal, nylon, tarp or any other materials. R. "Nape" or Waping means the use of any kind of vapor product. S. "Vapor product" means any noncombustible product containing solution or other consumable substance, regardless of whether it contains nicotine, which employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to produce vapor from the solution or other substance, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. T. "Vehicle" shall have the meaning set forth in RCW 46.04.670 as currently enacted or hereafter amended and shall also include (1) trailers, including trailers designed to be towed behind any vehicle, and (2) any personal transportation device such as bicycle, 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 3 of 13 Version: 4/20/26 Staff: P. Mayer i • scooters, skateboards, unicycles, surreys or mono wheel devices that are powered by an internal combustion engine that is capable of propelling the device with or without human propulsion. A micromobility device is not a vehicle. Wherever consistent with the context of this chapter, words in the present, past, or future tenses shall be construed to be interchangeable with each other, and words in the singular number shall be construed to include the plural. 12.08.040. Authority and Responsibility of Parks and Recreation Director. A. The Parks and Recreation Department shall have all the powers to perform all the duties provided by the laws of the state relating to park and recreational departments in cities under the Optional Municipal Code. The Parks and Recreation Department shall have the management of the park, golf, trail, open space and recreation system and the administration of the rules and regulations provided by the Mayor and City Council for the management of municipal parks, golf and recreation areas. B. The Director shall have the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations shall include a procedure for granting blanket permits encompassing any particulars of this chapter. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the Department of Parks and Recreation. 12.08.050. Authority of Park Ranger. A Park Ranger is authorized to enforce provisions of the Tukwila Municipal Code, the general police regulations of the City of Tukwila, laws of the state of Washington, and rules adopted by the Parks and Recreation Department, consistent with and limited to their special commission from the Chief of Police. 12.08.060. Permits — Generally. Permits, when required by this Chapter, shall be applied for through the Director unless otherwise specified. The granting, denying or revocation of permits shall be based upon the policies and standards set forth in this chapter and the rules of the Director, as now or hereafter amended, which are incorporated herein as though fully set forth. Where fees are required by the Director for the issuance of permits, payment of such fees will be required before permits are issued. All permits issued hereunder shall be subject to other applicable Tukwila Municipal Code provisions, City ordinances, and Parks and Recreation Department rules. The persons to whom such permits are issued ("permittees") shall be bound by said code, ordinances, and rules as fully as though the same were contained in such permits. A permittee shall be liable for any loss, damage, or injury sustained by any person by reason of the negligence, unlawful or wrongful conduct of the permittee, as well as for any breach of such code, ordinances, or rules, to the person or persons so suffering a loss, damage, or injury. Any person claiming to have a permit issued hereunder must produce and exhibit such permit upon the request of any authorized person who may desire to inspect the same. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 4 of 13 Version: 4/20/26 Staff: P. Mayer 50 12.08.070. Permits —Assemblies, Entertainment, Etc. Any person who conducts or participates in any organized entertainment, demonstration, or public gathering in any park shall obtain a permit from the Director. The procedure for application and consideration of permits for this purpose is as follows: A. Any person seeking to obtain a permit shall file a written application with the Director no later than one month prior to the date of the proposed use. The application shall state the purpose for which the park would be used, the date and time of the proposed use, the name of the park and the area thereof that would be used, the anticipated number of persons who would be present, and such other information reasonably relating to the contemplated use as the Director may require; provided, however, that said Director may, for good cause shown, waive the one -month requirement for filing said application. B. When the proposed use is an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, or Article I, Section 3, 4, 5, or 11 of the Washington Constitution, the application shall be processed promptly, without charging a fee for political or religious activities other than a fee based on the cost of processing the application, or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberties of applicants and the public. C. If, under the conditions set forth in subsection A of this section, the Director finds after an investigation that the safety, comfort, and convenience of the public in the use of the parks, or in the usage of the area adjacent to the park, would be unduly disturbed, they may deny the application, may impose restrictions upon the permit, or may issue a permit for a different date, time, park, or park area so as to alleviate such burden. The Director may issue a permit for use of the park during hours when the park is closed if they approve the application. 12.08.080. Soliciting. It is unlawful for any person to solicit, sell, or peddle any goods, services, wares, merchandise, liquids or edibles for human consumption in any park, except by permit issued by the Director. 12.08.090. Busking. A. Permit required. A busker shall obtain and display a permit at all times while performing in a park. A busking permit may be suspended or revoked if the busker violates any provision of this chapter or any permit regulation. A busking permit shall be nontransferable and shall remain the property of the city. Each member of a group of performers shall be required to obtain a busking permit. B. The Public Works Department Director is authorized and directed to adopt and promulgate rules as deemed necessary for the permitting of busking on sidewalks and rights -of -way as defined in this chapter. C. Prohibitions and restrictions. 1. It is unlawful for any person to busk in any park, sidewalk and rights -of -way without first obtaining a permit. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 5 of 13 Version: 4/20/26 Staff: P. Mayer 51 2. A busker shall not block the passage of the public through a park, sidewalk or public rights -of -way. If a sufficient crowd gathers to see or hear a busker such that the passage of the public through a public area is blocked a City of Tukwila employee, park ranger or police officer may disperse that portion of the crowd that is blocking the passage of the public. A busker shall not be asked to leave the location unless all other means of restoring the public safety or order have been exhausted. 3. A busker shall not perform in a park, sidewalk or public rights -of -way so as to obstruct access to private property, except with the prior consent of the owner or manager of the property. 4. No busker shall use profane, obscene, or lewd language or imagery while performing. 5. No busker may generate noise that is in excess of the permissible sound levels as defined in TMC Section 8.22.050 or as otherwise exempted pursuant to TMC Section 8.22.100. 12.08.100. Public Disturbance Noises. A. Noise in parks and penalties for violations is regulated by TMC Chapter 8.22 as now enacted or as subsequently amended, except that permitted events must comply with the standard set forth herein. B. The use of public address systems or other sound -amplifying devices must be approved by specific permit. C. It is a violation to use a public address or sound -amplifying device in a park without a permit. 12.08.110. Signs, Posters and Notices. A. It is unlawful for any person, without prior written permission of the Director or otherwise consistent with regulations established by the Director consistent with this section, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park. B. It is unlawful for any person, without prior written permission of the Director or otherwise consistent with regulations established by the Director consistent with this section, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, whether permanent or temporary. 12.08.120. Destruction of Park Property. It is unlawful for any person to damage or destroy any real or personal property within a park or to physically interfere with any City of Tukwila employee in the discharge of their duties within a park. 12.08.130. Intoxicating Liquors and Marijuana. A. The display, possession, or consumption of intoxicating liquors in any park is prohibited, except in particular areas or facilities which may be expressly designated from 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 6 of 13 Version: 4/20/26 Staff: P. Mayer 52 time to time by the Director. The penalty for any violation of this section shall be as set forth in RCW 66.44.100, as currently enacted or as subsequently amended. B. The opening of a package containing marijuana, useable marijuana, marijuana - infused products, or marijuana concentrates, or consuming marijuana, useable marijuana, marijuana -infused products, or marijuana concentrates, in any park is prohibited. "Marijuana" means marijuana as defined by RCW 69.50.101 as now or hereafter amended. The penalty for any violation of this section shall be as set forth in RCW 69.50.445, as now enacted or as subsequently amended. C. Whenever any person is stopped for a violation of this section, the officer may detain that person for a reasonable period of time necessary to identify the person and check for outstanding warrants. 12.08.140. Smoking and Vaping in Parks Prohibited. It is unlawful for any person to smoke or vape any product derived from or containing nicotine within a park, unless the product has been approved by the United States Food and Drug Administration as a tobacco cessation product, such as transdermal nicotine patches, nicotine gum and nicotine lozenges, or for the other medically approved purposes and is being used for that approved purpose. For the purposes of this section, "smoke" or "smoking" means the carrying, holding, or smoking of any kind of pipe, cigar, cigarette, or any other object that is lighted and used for smoking. 12.08.150. Damage or Removal of Plants Prohibited. Unauthorized cutting, removal, or destruction of any turf, tree, plant, shrub, flower, or seaweed on park property is prohibited. While inside any park, having in one's possession any newly -plucked branch, tree, flower, plant, fungus (mushrooms, shelf fungus, etc.), algae (seaweed, etc.), or shrub without specific permission shall be presumptive evidence of such unauthorized cutting, removal, or destruction. 12.08.160. Disposal of Trash. No person shall throw or leave litter, garbage, trash, or yard waste in or at a park except in a receptacle provided for that purpose. No person shall deposit on any park property any household or commercial garbage, refuse, or rubbish which is brought as such from any private property. The penalty for violation of this section shall be as set forth in TMC Section 8.80.020. 12.08.170. Animal Control. A. Unless in a designated off -leash area, animals must be on a leash no longer than eight feet or secured inside a vehicle and are not allowed to enter ponds, fountains, spraygrounds, or any play area designed to utilize water in any park. Animals of any other type are not permitted in any park unless first approved by the Director, except for service animals, as defined in RCW 9.91.170. B. Any person with an animal in their possession shall be responsible for the conduct of the animal. 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 7 of 13 Version: 4/20/26 Staff: P. Mayer 53 C. The Director may prohibit animals, except for service animals as defined in RCW 9.91.170, from events and/or facilities within a park. D. All provisions of Title 7 of this code remain in full force and effect in all parks and may be enforced by any police officer, park ranger or animal control officer. 12.08.180. Molesting or Feeding Wildlife or Non -Domesticated Animals. No person shall molest or harass any wildlife or non -domesticated animal in a park. It shall be unlawful for any person to give, offer, or attempt to give to any wildlife or non - domesticated animal within a park any tobacco, drink, or other substance known to be dangerous or noxious to wildlife or non -domesticated animals. It is also unlawful to feed any wildlife or non -domesticated animal in a park, except as authorized by the Director. 12.08.190. Damage by Animals. Owners of dogs or other animals damaging or destroying park property will be held liable for the full value of the property damaged or destroyed, in addition to impounding fees and the penalty imposed for violation of these provisions. 12.08.200. Prohibitions as to Boating, Fishing, and Swimming. It is unlawful for any person to boat, fish, wade, swim, scuba dive, snorkel, or bathe in any park except in the places and at times designated by the Director. 12.08.210. Boats and Beaches. No dock or any other structure shall be built upon any beach unless expressly authorized. Launching or landing of waterborne craft from any shoreline within the limits of any park is prohibited, except in an emergency involving rescue or lifesaving, in specifically designated areas or with a specific permit issued by the Director. The launching or landing of waterborne craft, as provided in this section, shall be unlawful if any required fee, as determined by the Director, has not been paid. 12.08.220. Fires. Fires are prohibited except in picnic stoves installed under the authority of the Director or in portable barbeques. Fires in any other facility or area are allowed only by special permit. Fires in picnic stoves or portable barbeques may only utilize propane or charcoal briquettes as fuel; all other fuel sources, including wood, are specifically prohibited. Portable barbeques may be utilized only for cooking food. Briquettes must be completely extinguished and properly disposed of or removed from the park. The Director may further restrict the use of barbeques within any park, provided that signs are installed to notify patrons of the restrictions 12.08.230. Use of Certain Equipment. A. It is unlawful for any person to erect any inflatable structure or attraction including, but not limited to, bounce houses, dunk tanks, horse/pony/mule rides, etc.; use a slingshot, bow and arrow, beanshooter, paintball gun or similar implement or equipment; operate any hot air balloon, sky lantern or other device that uses a flame for lift or 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 8 of 13 Version: 4/20/26 Staff: P. Mayer 54 propulsion or other similar implement; or use golf or archery equipment in or upon any park; except that golf and archery equipment may be used in areas specifically designated for that use, or as otherwise authorized by the Director. B. It is unlawful to practice or play golf, baseball, tennis, soccer, or other games of like character, or to hurl or propel any projectile or missile into or over any park, except in areas specifically designated for that use. It is unlawful to operate motorized model aircraft, drones, unmanned aircraft systems (UAS), unmanned aerial vehicle (UAV), motorized models such as cars, cycles, trucks, or watercraft in any park, except as specifically designated for that use or as otherwise authorized by the Director. 12.08.240. Fireworks or Firearm Discharge. It is unlawful to carry, shoot, fire, or explode any fireworks or explosives of any kind in any park and it is unlawful to shoot, fire or explode any firearm, air gun, B.B. or pellet gun in any park. 12.08.250. Vehicle and Micromobility Device Standards. A. It is unlawful to enter or leave a park by vehicle and micromobility devices by other than established entrances and exits. B. Vehicles are prohibited in any park, except on roads intended for the movement of public vehicular traffic, or on roads specifically designated and signed for such use. C. Micromobility devices are permitted on roads, sidewalks, paths or trails in any park unless otherwise prohibited and signed for the particular micromobility device(s) being prohibited. D. The parking of vehicles in any park is prohibited except in established parking areas. It is unlawful to park along roadways if the normal flow of traffic is impeded or if parking causes conditions that are hazardous to public safety. Any vehicle that is impeding traffic or is illegally parked may be impounded. E. No person shall service, wash, wax, or change the oil of any vehicle within a park. F. It is unlawful to engage in, conduct, or hold any trials or competitions for speed, endurance, or hill climbing involving any vehicle, boat, aircraft, micromobility device, or animal in any park without specific permit. G. All vehicles and micromobility devices shall obey the posted speed limits and all other regulatory signs 12.08.260. Setting of Fees and Charges The Director is authorized to charge fees for entering parks, parking, programs, activities, services, and permits as well as for the use of City Park and Recreation facilities as established by city Ordinances, Resolutions, park rules, and policies as now exist or are hereafter amended. The Director is also authorized to waive or reduce such fees, establish experimental rates and engage in special promotional and marketing activities. All fees and charges shall remain in effect unless they are repealed, superseded or amended by Council or department action. Fees, rates and charges and amendments thereto shall be publicly posted on the City's website, publicly posted at Tukwila 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 9 of 13 Version: 4/20/26 Staff: P. Mayer 55 Community Center, Foster Golf Course and filed with the City Clerk. Whenever a fee is paid for the use of Department facilities or property or for participation in a Department sponsored class, program, or service and no use or rights have been exercised pursuant thereto and application is made for refund, the Director may authorize such fee refunded. 12.08.270. Gifts, Bequests and Donations. Pursuant to TMC Chapter 3.36, as currently enacted or as subsequently amended, and upon delegation by the Mayor, the Director may solicit and accept from the general and business communities, non-profit organizations and all other persons, gifts, bequests and donations to the City of, or in support of, Parks and Recreation facilities, services and programs. The Director shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor. Unless otherwise promulgated by ordinance, policy or rule, the Mayor or their designee shall promulgate appropriate administrative rules, policies and/or standard operating procedures regarding the acceptance of gifts, bequests donations. 12.08.280. Advertising, Sponsorship and Naming Rights. Pursuant to TMC Chapter 3.36, as currently enacted or as subsequently amended, and upon delegation by the Mayor, the Director may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing financial support for Parks and Recreation facilities, services and programs. Unless otherwise promulgated by ordinance, policy or rule, the Mayor or their designee shall promulgate appropriate administrative rules, policies and/or standard operating procedures regarding advertising, sponsorship and naming rights. 12.08.290. Camping. A person commits the offense of unlawful camping in a park if they camp in any park pursuant to TMC Chapter 8.41 except as otherwise provided by ordinance, park rule, or as permitted and so designated by signs. 12.08.300. No Structures in Parks; Exceptions. A. It is unlawful to erect, maintain, use or occupy any structure within a park, except as permitted under TMC Chapter 8.41. B. This section shall not apply to: 1. Any structure erected installed or placed within a park by the owner or operator of the park or as expressly authorized by the Director. 2. A temporary structure that has only a roof and no walls. 12.08.310. Opening and Closing Hours, No Use of Parks When Closed; Exceptions. A. Parks are considered open one-half hour before sunrise and closed one-half hour after sunset, unless otherwise expressly determined by the Director or otherwise posted at the park. Any person entering or remaining in a park when it is closed is subject to arrest and prosecution for criminal trespass. Any vehicle remaining in a park when the 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 10 of 13 Version: 4/20/26 Staff: P. Mayer 56 park is closed may be impounded and any personal property or structure remaining in a park when the park is closed may be removed. B. The Director may extend open hours for sanctioned events or uses, but only that portion of a park specified by the Director will be open beyond normal hours; other areas of such a park shall remain closed. C. This section shall not apply to: 1. Starfire Sports facility or any other concessioned or leased facility constructed and operated in a park, or as otherwise specified by the Director. 2. Police Officers, Park Rangers or other Park employees while on -duty. 3. Sidewalks that are within the right-of-way of a public street, when the street is not within the boundaries of a park. 12.08.320. Emergency Conditions. A. In case of an emergency, or in case where life and property are endangered, all persons, if requested to do so by the Director or other City of Tukwila employee, Park Ranger or a Police Officer, shall depart from the portion of the grounds specified by such employee, Ranger or Officer, and shall remain off the same until permission is given to return. B. Any person who remains on park property after being required to leave by a City of Tukwila employee, Park Ranger or by a Police Officer, or who returns to the park without permission, is guilty of criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040. Any juvenile violating this section may be arrested and prosecuted under chapter 9.52 RCW, as currently enacted or hereafter amended. 12.08.330. Aiding and Abetting Violations. Anyone concerned in the violation of this chapter, whether directly committing the act or omitting to do the thing constituting the offense, or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, is and shall be a principal under the terms of this chapter and shall be proceeded against and prosecuted as such. 12.08.340. Penalty for Violations. Unless specifically designated to be enforced pursuant to other law, including, but not limited to, state law or another section, chapter, or title of the Tukwila Municipal Code, any violation of this chapter shall constitute a civil infraction, not including statutory assessments. Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation. Such penalty is in addition to any other remedies or penalties provided by law including, but not limited to, another section, chapter, or title of the Tukwila Municipal 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 11 of 13 Version: 4/20/26 Staff: P. Mayer 57 Code or the Revised Code of Washington. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. 12.08.350. Authority to Adopt a Code of Conduct. The use and enjoyment of parks are enhanced when patrons abide by a code of conduct that promotes health and safety, that requires respect for the rights and needs of others, and that requires respect for the park property. The Director may adopt a code of conduct that regulates any activity or behavior in parks to protect the public's health and safety, to promote respect for the rights and needs of others, and to preserve park property. Said code of conduct will be posted at Park and Recreation facilities, parks and trailheads, and other program/service locations. The Director may also include within the code of conduct criteria to determine the length of any exclusion notice issued pursuant to TMC Chapter 8.23 and TMC Section 8.40.040. 12.08.360. Park Safety — Enforcement A. General. Park rules, as promulgated in this chapter, are established to provide a system by which the greatest number of people may obtain the maximum satisfaction from the use of city parks. For the rules to serve this purpose, they must be understood and followed by the park users. Accordingly, park safety involves both public awareness and rule enforcement programs. B. Application of Park Safety Program. The degree and extent to which the application of park safety shall be adapted to city parks shall be based on purpose and location of each park and recreation facility, its environment and surrounding community, the number and type of persons using it, the number and type of rule violations that have occurred in the past, and the perception that the people of the city have of the park or facility as a safe place to use. The Department shall keep records of safety problems and rules violations in each facility and continuously evaluate its safety program for each facility based on those records. C. Responsibilities. Park safety is the responsibility of both the Tukwila Police Department and the Parks and Recreation Department. Specific responsibilities include the following: 1. Parks and Recreation Department: (a) Enforcing Park rules and rules of conduct set forth in the ordinance for which department personnel have appropriate authority. (b) Developing and implementing public awareness programs regarding the purpose of parks, trails and recreation facilities, programs, activities and services and the rules governing their use. (c) Encouraging voluntary compliance with rules based on awareness. (d) Training department personnel in the appropriate use of administrative sanctions as a means of park rule enforcement. (e) Notification of Tukwila Police Department officers who have primary jurisdiction whenever department personnel observe violations of park rules requiring 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 12 of 13 Version: 4/20/26 Staff: P. Mayer further law enforcement authority or other violations of local, state, or federal laws; whenever there is an emergency requiring law enforcement assistance; or whenever they need assistance in executing their responsibilities pursuant to this chapter. 2. Tukwila Police Department: (a) Issuing a special commission and associated training of personnel authorized to issue citations for infractions and misdemeanor offenses. (b) Providing supplementary patrols in parks, facilities and during events, activities and programs as jointly determined by the Director and Chief of Police. (c) Responding, as appropriate, to requests from department personnel for assistance in situations beyond their capacity or authority to act. D. Enforcement methods. 1. Enforcement Authority in Parks. In addition to any other enforcement authority, when any City employee, Park Ranger, or Police Officer has probable cause to believe that any person within a park has committed a crime as defined by the RCW or by the Tukwila Municipal Code, or has violated any ordinance, rule or regulation established by this park code or by the Parks and Recreation Department: (a) The Police Officer, Park Ranger, or City employee may order such person to immediately leave the park and/or recreation program. Any person refusing to comply with such an order or returning to the park and/or recreation program on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040; and (b) Issue the person a trespass order prohibiting them from a park and/or recreation program for a specified period pursuant to TMC Section 8.23.030 as currently enacted or as subsequently amended. Persons receiving such an exclusion order who return to the park and/or recreation program within the exclusion period are subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW, TMC Chapter 8.23 and/or TMC Section 8.40.040. 12.08.370. Severability. If any part, provision, or section of this chapter is held to be void or unconstitutional, all other parts not expressly so held shall continue in full force and effect 2026 Legislation: TMC 12.08 Park Rules — Exhibit A Page 13 of 13 Version: 4/20/26 Staff: P. Mayer 59 Attachment D City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2567 AND 2623 AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 12.12; "FOSTER GOLF LINKS FEES" THEREBY ELIMINATING THIS CHAPTER IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2567, as codified in Tukwila Municipal Code Chapter 12.12 and subsequently amended by Ordinance No. 2623, establishes Foster Golf Links fee setting authority by the Director of Parks and Recreation and establishes various fee categories; and WHEREAS, Foster Golf Links' green fees help fund the operation, maintenance, and capital improvements at the City -owned golf course; and WHEREAS, to support comparability with current market rates and fee categories and align with relevant business plans and cost recovery policies, the City must be able to apply dynamic pricing to Foster Golf Links' green fees; and WHEREAS, on March 11, 2026, and April 8, 2026, the City of Tukwila's Park Commission discussed and recommended the proposed amendments to the City Council for consideration; and WHEREAS, the Parks and Recreation Department, after taking and reviewing public comments upon the proposed amendments during a two -week period in March, 2026, recommend City Council adoption of the non -substantive changes entailed in the proposed amendments; and WHEREAS, the City desires to integrate and align fee setting authority for all Parks and Recreation facilities, programs and services in Tukwila Municipal Code Chapter 12.08, "Park Rules and Regulations"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2026 Legislation: Repeal TMC 12.12 FGL Page 1 of 3 Version: 4/20/26 Staff: P. Mayer •e Section 1. Repealer. Ordinance Nos. 2567 and 2623, as codified at TMC Chapter 12.12, "Foster Golf Links Fees," is hereby repealed, thereby eliminating this chapter in its entirety. CHAPTER 12.12. FOSTER GOLF LINK FEES Sections: 12.12.010 Fee Schedule 12.12.020 Residential Fee Eligibility 12.12.030 "Extra Hole" Charge 12.12.040 "Twilight" Fee 12.12.050 "Weekend" Fee 12.12.060 "Winter" Fee 12.12.070 Application of "Senior" Fee 12.12.080 Application of "Junior" Fee 12.12.090 "Promotional" Fee 12.12.100 Inclusion of Taxes in Green Fees Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 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 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 12026. [signatures to follow] 2026 Legislation: Repeal TMC 12.12 FGL Version: 4/20/26 Staff: P. Mayer Page 2 of 3 61 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, 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 2026 Legislation: Repeal TMC 12.12 FGL Page 3 of 3 Version: 4/20/26 Staff: P. Mayer 62 Attachment E ' City of TAM City Council Community Services & Safety Committee Meeting Minutes April 27, 2026 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Hannah Hedrick, Chair; Joe Torres Camacho, Armen Papyan Staff Present: Marty Wine, Pete Mayer, Eric Drever, Eric Lund, David Rosen, Kris Kelly Chair Hedrick called the meeting to order at 5:30 p.m. 1. BUSINESS AGENDA a. Interlocal Agreement: FIFA World Cup Law Enforcement Support Staff is seeking approval of a Mutual Aid Interlocal Agreement to provide additional law enforcement support to Renton during FIFA World Cup events. Committee Recommendation: Unanimous approval. Forward to May 4, 2026 Regular Consent Agenda b. Resolution: Grant Applications Staff is seeking approval of a resolution that authorizes submittal of grant applications to the Washington State Recreation & Conservation Office for the turf field conversion at Tukwila Community Center and Joseph Foster Memorial Park, and for acquisition of Crestview Park. Committee Recommendation: Unanimous approval. Forward to May 4, 2026 Regular Consent Agenda c. Ordinances: Park Rules and Regulations and Repeal Foster Golf Link Fees Staff is seeking approval of an ordinance that would enact a comprehensive rewrite of Park Rules and Regulations and an ordinance that would repeal TMC Chapter 12.12, Foster Golf Links Fees, as that will now be covered in the new Rules upon adoption. Committee Recommendation: Unanimous approval. Forward to May 11, 2026 Committee of the Whole 2. MISCELLANEOUS Councilmembers and staff discussed DHS, Flock, and the PD Incidents email distribution list. Discussion only. The meeting adjourned at 6:13 p.m. V Committee Chair Approval Minutes by LH 63 City of Tukwila ITEM NO. Thomas McLeod, Mayor �/� 5 . D . Marty Wine, City Administrator AGENDA BILL Agenda Item Resolution in Support to Designate Opportunity Zones Sponsor Derek Speck, Economic Development Administrator Legislative History May 11, 2026 Planning & Community Development Committee May 18, 2026 Regular Meeting Consent Recommended Motion ❑ Discussion Only x❑ Action Requested MOVE TO approve resolution expressing support to designate opportunity zones. EXECUTIVE SUMMARY This item seeks Council approval of a resolution requesting Governor Ferguson nominate eligible census tracts in Tukwila to be designated as opportunity zones. DISCUSSION Opportunity zones are federally designated census tracts approved for a special federal tax incentive to encourage investment in low-income communities. In 2025 the federal government revised the program to designate new census tracts effective January 1, 2027. Eligible census tracts must be nominated by each State's governor by September 28, 2026. The Washington State Department of Commerce is coordinating an application process to support the Governor and is accepting applications that nominate census tracts. Applications are due May 28, 2026 and the City has started working on our applications. Commerce's application process includes a point system and allocates up to 5 points (out of a possible total of 185) if the application includes a local government resolution or letter of support. The opportunity zone designation process will be very competitive because governors may only nominate 25% of the census tracts that are eligible in their state. Tukwila has e+g#tseven eligible census tracts of which t#reefour are fully within the City and f+vethree include portions of our neighboring cities. Staff requests Council approval of the attached resolution to use in the application process. ATTACHMENTS Draft Resolution - resolution and map updated after 05111 PCD Meeting Final Resolution • Minutes from 05/11/26 Planning & Community Development Committee Meeting M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE NOMINATION OF CERTAIN ELIGIBLE CENSUS TRACTS FOR DESIGNATION UNDER THE NEW OPPORTUNITY ZONES PROGRAM (OZ 2.0) IN THE CITY OF TUKWILA. WHEREAS, the Federal Opportunity Zone Program is a Federal Tax Incentive created as part of the Tax Cuts and Job Acts in 2017 to encourage private investment in low-income census tracts ("Opportunity Zones"); and WHEREAS, in 2025, the Federal Government revised the Opportunity Zone Program and the new program ("OZ 2.0") will take effect on January 1, 2027; and WHEREAS, as a requirement of the new program, State Governors must nominate census tracts to become Opportunity Zones; and WHEREAS, Washington State requires submissions for consideration by the governor to be submitted by May 28, 2026; and WHEREAS, certain census tracts within the City of Tukwila continue to experience economic challenges; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Tukwila has experienced new development under the current Opportunity Zone Program and desires to attract future development under the revised Opportunity Zone Program. Section 2. The City Council of the City of Tukwila hereby endorses the nomination of the census tracts 530330-262-00, 530330-263-00, 530330-264-00, 530330-271-00, 530330-272-00, 530330 273 00 530330-281-00, and 530330-282-00 to be designated as Opportunity Zones under the revised program as reflected on the map attached as Exhibit A and incorporated herein by reference. 2026 Legislation: Supporting Opportunity Zones Page 1 of 2 Version: 05-05-2026 Staff: D. Speck 65 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A — Map of Census Tracts 2026 Legislation: Supporting Opportunity Zones Version: 05-05-2026 Staff: D. Speck , 2026. Armen Papyan, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Page 2 of 2 Census Tracts 11 ; .%Crl/ �, �� CT246.01 Believe 110.02 i� ACT 111.0 �r� CT 111.02 Ir 74 ;%1l I`__J CT 2 7.04 I� �T 250. IT 110.01 or-: CT 109 \ JI l II , J � Mercer Island __ e=� T 250.01 ` CT 246.02 Newc asile 2 1i 1` CT 118.01 CT 247.03 e ►J u CT CT 118.02 CT 253.04 1� N._---_'� 11 I CT119.02 ItT 26 CT 264 "m~) I.268.01 CT 1I 270 �J268.02 ---- IL �� ----- CT 271 ,II T 274 275 II JJ CT 273 ' �I Burien 1 NINC. II'sre, II CT 281 CT 280 III CT C7! 286 CTSeoTac-.02 ` g I ICT 284.03 1:1 r CT 288.02 i iiCT 287 1i CT 288.01 I I Moines I �\� /j' No Park_ 99 mmmm :fir Nc., CT 289.01 May 5, 2026 Eligible Census Tracts 530330-262-00 530330-272-00 530330-263-00 530330-281-00 530330-264-00 530330-282-00 530330-271-00 CT 252.02 11 CT 252.01 II ir 1 1 1 rl \ CT 260.01 i i} ,/ 4 C 254.01 , II CT 265 � CT 261.02 CT 253.0211 \\ 1\ 'L CT253.03 I T 260.0 ii CT 254.02 , ' CT 261.01 NL CT 256.01 T 260.03i WAS \ ON --" CT 257.04 �cs: `1 CT 257.03 ! /� sus: CT 257.02 $ � � 262 \t II 1\ it CT 258.04 T 258.0 CT 258.05 II I� • iI CT 258.03 !�r CT 293.04 1 CT 293.09 CT 283 11 ��I I 1 CT 293.05 CT 293.06 '�T 293.07 T 292.06 1 K`'nl I� CT 292.07 II CT 294.03 1 CT .05 294 1 het. II C 08 N �� 1:69,047 0 0.5 1 ' 21 mi 0 0.75 1.5 3 km Source: U.S. Census Bureau, Sources: Esri, USGS, NOAA Created with: TIGERweb 67 (c)Copyright 2026 - US Census Bureau City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE NOMINATION OF CERTAIN ELIGIBLE CENSUS TRACTS FOR DESIGNATION UNDER THE NEW OPPORTUNITY ZONES PROGRAM (OZ 2.0) IN THE CITY OF TUKWILA. WHEREAS, the Federal Opportunity Zone Program is a Federal Tax Incentive created as part of the Tax Cuts and Job Acts in 2017 to encourage private investment in low-income census tracts ("Opportunity Zones"); and WHEREAS, in 2025, the Federal Government revised the Opportunity Zone Program and the new program ("OZ 2.0") will take effect on January 1, 2027; and WHEREAS, as a requirement of the new program, State Governors must nominate census tracts to become Opportunity Zones; and WHEREAS, Washington State requires submissions for consideration by the governor to be submitted by May 28, 2026; and WHEREAS, certain census tracts within the City of Tukwila continue to experience economic challenges; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Tukwila has experienced new development under the current Opportunity Zone Program and desires to attract future development under the revised Opportunity Zone Program. Section 2. The City Council of the City of Tukwila hereby endorses the nomination of the census tracts 530330-262-00, 530330-263-00, 530330-264-00, 530330-271-00, 530330-272-00, 530330-273-00, 530330-281-00, and 530330-282-00 to be designated as Opportunity Zones under the revised program as reflected on the map attached as Exhibit A and incorporated herein by reference. 2026 Legislation: Supporting Opportunity Page 1 of 2 Zones Version: 05/05/2026 Staff: D. Speck PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A — Map of Census Tracts 2026 Legislation: Supporting Opportunity Zones Version: 05/05/2026 Staff: D. Speck , 2026. Armen Papyan, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Page 2 of 2 z Census Tracts 11 ; .%Crl/ �, �� CT246.01 Believe 110.02 i� ACT 111.0 �r� CT 111.02 Ir 74 ;%1l I`__J CT 2 7.04 I� �T 250. IT 110.01 or-: CT 109 \ JI l II , J � Mercer Island __ e=� T 250.01 ` CT 246.02 Newc asile 2 1i 1` CT 118.01 CT 247.03 e ►J u CT CT 118.02 CT 253.04 1� N._---_'� 11 I CT119.02 ItT 26 CT 264 "m~) I.268.01 CT 1I 270 �J268.02 ---- IL �� ----- CT 271 ,II T 274 275 II JJ CT 273 ' �I Burien 1 NINC. II'sre, II CT 281 CT 280 III CT C7! 286 CTSeoTac-.02 ` g I ICT 284.03 1:1 r CT 288.02 i iiCT 287 1i CT 288.01 I I Moines I �\� /j' No Park_ 99 mmmm :fir Nc., CT 289.01 May 5, 2026 Eligible Census Tracts 530330-262-00 530330-272-00 530330-263-00 530330-281-00 530330-264-00 530330-282-00 530330-271-00 70 CT 252.02 11 CT 252.01 II ir 1 1 1 rl \ CT 260.01 i i} ,/ 4 C 254.01 , II CT 265 � CT 261.02 CT 253.0211 \\ 1\ 'L CT253.03 I T 260.0 ii CT 254.02 , ' CT 261.01 NL CT 256.01 T 260.03i WAS \ ON --" CT 257.04 �cs: `1 CT 257.03 ! /� sus: CT 257.02 $ � � 262 \t II 1\ it CT 258.04 T 258.0 CT 258.05 II I� • iI CT 258.03 !�r CT 293.04 CT 293.09 CT 283 11 ��I I 1 CT 293.05 CT 293.06 '�T 293.07 T 292.06 1 K`'nl I� CT 292.07 II CT 294.03 1 CT .05 294 1 het. II C 08 N �� 1:69,047 0 0.5 1 ' 21 mi 0 0.75 1.5 3 km Source: U.S. Census Bureau, Sources: Esri, USGS, NOAA Created with: TIGERweb (c)Copyright 2026 - US Census Bureau City of Tu k) City Council Planning & Community Development Committee Meeting Minutes May 11, 2026, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present. Kate Kruller, Chair; Jo Camacho, Jane Ho Staff Present. Laurel Humphrey, Derek Speck, Pete Mayer, Heidi Watters Guest: Vicky Raya, King County Chair Kruller called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Effective Engagement on Climate Strategies Ms. Raya, Climate Equity Manager, presented suggestions and best practices for Tukwila to consider. Committee Recommendation Discussion only. B. Resolution: Public Benefit Rating System Open Space Classification A resident is seeking Council approval to have his property at 4447 S. 148th St classified under the County's PBRS. Items for follow-up: Return with answers to the following: 1. Can the Council say no? 2. Does this classification permanent -does it stay with the property regardless of owner? Committee Recommendation Unanimous approval. Forward to May 18, 2026 Regular Meeting. C. Resolution: Supporting Designation of Certain Census Tracts as Opportunity Zones Staff is seeking approval of a resolution requesting Governor Ferguson nominate 7 eligible census tracts for designation as opportunity zones. Committee Recommendation Unanimous approval. Forward to May 18, 2026 Regular Meeting Consent Agenda. MISCELLANEOUS Councilmember Camacho recommended a contact, Peter Donaldson at Sustainability Ambassadors. The meeting adjourned at 6:52 p.m. Committee Chair Approval 71 City of Tukwila ITEM NO. Thomas McLeod, Mayor ��� ' 6.A. & 7.A. Marty Wine, City Administrator AGENDA BILL Agenda Item Public Benefit Rating System Resolution Sponsor Nora Gierloff, DCD Director Legislative History May 11, 2026 Planning & Community Development Committee May 18, 2026 Regular Meeting Recommended Motion ❑ Discussion Only x❑ Action Requested MOVE TO approve the Public Benefit Rating System open space classification of the property at 4447 S 148th Street subject to the conditions enumerated in the staff report, attached as Exhibit A to the resolution, and authorize filing of the approval with the King County Council. EXECUTIVE SUMMARY A Tukwila property owner is seeking Council approval to preserve his property under the King County Public Benefit Rating System (PBRS). Staff is requesting this item be forwarded to the May 18, 2026 Regular Meeting for a Public Hearing. DISCUSSION Peter Schilling is the owner of a property located at 4447 S 148th Street and has applied to have that property classified under King County's PBRS. If approved by both the City and the County the property would be assessed to reflect current use of the property, rather than "highest and best use" thereby reducing the appraised land value for the portion of the property enrolled. This tax reduction is an incentive for property owners to retain, rather than develop, tracts of environmentally valuable open space. The PBRS is recorded on the title and runs with the land, binding subsequent property owners. Failure to comply with the PBRS requirements can result in removal from the program and penalty, tax, and interest payments. Heidi Watters, Tukwila's Urban Environmentalist, has inspected the property with her County counterpart and they have concluded that preservation of 1.21 acres of forested land from development will provide habitat, watershed, and open space benefits to the City. If approved Mr. Schilling would be required to implement a plan to remove and control invasive plant species as well as maintain and replace the current tree canopy. Compliance would be monitored by periodic site visits by the County and through documentation required by the forest stewardship plan. FINANCIAL IMPACT Much like the Multifamily Tax Exemption (MFTE) Program the PBRS program would not reduce the City's overall tax revenues. 72 MAP OF LOCATION i i 7475 ` 4455 481 14813 k.4430 r:a, Location of Subject Property ATTACHMENTS • Resolution with Exhibit A — KC DNRP Staff Report • Minutes from 05/11/26 Planning & Community Development Committee Meeting 73 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING THE PUBLIC BENEFIT RATING SYSTEM OPEN SPACE CLASSIFICATION OF THE SCHILLING PROPERTY LOCATED AT 4447 S 148TH STREET. WHEREAS, Peter Schilling is the owner of a property located in the City of Tukwila and has applied to have that property classified under King County's Public Benefit Rating System (PBRS); and WHEREAS, Mr. Schilling's property is located at 4447 S 148th Street, parcel numbers 004200-0048 and 004200-0052; and WHEREAS, the public benefit rating system is administered in accordance with Revised Code of Washington Chapter 84.34.037, WAC 458-30, and King County Code Chapter 20.36 providing for assessment practices to reflect current use of property, rather than "highest and best use", as an incentive for property owners to retain tracts of open space; and WHEREAS, RCW 84.34.037(1) states an application for PBRS shall be acted upon after separate public hearings and affirmative acts by both the county and city legislative bodies affirming the entirety of an application without modification, or both bodies affirm an application with identical modifications; and WHEREAS, on May 18, 2026 the Tukwila City Council held a properly noticed public hearing to consider the application; and WHEREAS, the City Council considered the King County and City staff recommendations and public testimony; and WHEREAS, the Council finds that preservation of 1.21 acres of forested land from development will provide habitat, watershed, and open space benefits to the City; and WHEREAS, the King County Council Hearing Examiner will hold a related public hearing on May 28, 2026, to consider the application, with the goal for the County Council to act on the application in June 2026; 2026 Legislation: Schilling PBRS Application Version: 04/30/2026 Staff. N. Gierloff Page 1 of 2 74 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby approves the Public Benefit Rating System open space classification of the Peter Schilling property at 4447 S 148th Street, parcel numbers 004200-0048 and 004200-0052, subject to the conditions enumerated in the King County Department of Natural Resources and Parks, Water and Land Resources Division staff report, attached as Exhibit A, and authorizes filing of the approval with the King County Council for the county -held public hearing. Section 2. This resolution has been approved by affirmative act of the City Council in accordance with RCW 84.34.037(1). PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2026. ATTEST/AUTH ENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Armen Papyan, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Exhibit A: King County Department of Natural Resources and Parks, Water and Land Resources Division Staff Report 2026 Legislation: Schilling PBRS Application Version: 04/30/2026 Staff. N. Gierloff Page 2 of 2 75 KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS WATER AND LAND RESOURCES DIVISION Report to the City of Tukwila for Property Enrollment in the Public Benefit Rating System (PBRS) May 18, 2026 APPLICANT: Peter Schilling File No. E25CT026T A. GENERAL INFORMATION: 1. Owner: Peter Schilling 4447 S 148th Street Tukwila, WA 98168 2. Property location: 4447 S 148th Street Tukwila, WA 98168 3. Zoning: CR 4. STR: NE-22-23-04 5. PBRS categories requested by applicant and suggested by staff. Open space resources *Buffer to public or current use classified land *Significant wildlife or fish habitat Surface water quality buffer *Urban open space *Watershed protection area Bonus category *Resource restoration NOTE: *Staff recommends credit be awarded for these PBRS categories. Enrollment in PBRS for property within an incorporated area requires approval by impacted granting authorities following public hearing(s). For this application, the granting authorities are the King County Council and the City of Tukwila. King County will hear this application on May 28, 2026. 76 6. Parcel: Total acreage: Requested PBRS Home site/excluded area: Recommended PBRS: 004200-0048 1.14 0.89 0.22 0.92 004200-0052 0.29 0.29 0.00 0.29 NOTE: The portion recommended for enrollment in PBRS is the entire property less the excluded areas as measured. The attached 2023 aerial photo outlines the parcels in yellow and the areas proposed to be excluded from PBRS in blue. The portion recommended for enrollment in PBRS (1.21 acres) is the entire property (1.43 acres) less the excluded areas as measured (0.22 acres). In the event the Assessor's official parcel size is revised, PBRS acreage should be administratively adjusted to reflect that change. B. FACTS: 1. Zoning in the vicinity: Properties in the vicinity are zoned CR. 2. Development of the subject property and resource characteristics of open space area: Parcel -0048 contains a single-family residence, lawn, shed, and landscaping. Parcel -0052 is undeveloped. The open space is a mix of coniferous and deciduous forest with mostly native understory. There are areas of the parcels that are impacted by noxious weeds (English holly, English laurel, English ivy, Himalayan blackberry, etc.) but their required control will be addressed in the approved restoration plan. 3. Site use: The property is used as a single-family residence 4. Access: The property is accessed from S 148th Street and 46th Avenue S. 5. Appraised value for 2025 (based on Assessor's information dated 4/14/2026): Parcel #004200-0048 Land Improvements Total Appraised value $371,000 $99,000 $470,000 Tax applied $4,076 $1,087 $5,163 Parcel #004200-0052 Land Improvements Total Appraised value $90,000 $0 $90,000 Tax applied $989 $0 $989 NOTE: Participation in PBRS reduces the appraised land value for the portion of the property enrolled resulting in a lower taxable value. 2 E25CT026T Schilling.report C. REQUIREMENTS SPECIFIED BY KING COUNTY CODE (KCC): KCC 20.36.010 Purpose and intent. It is in the best interest of the county to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the county and its residents. It is the intent of this chapter to implement chapter 84.34 RCW, as amended, by establishing procedures, rules and fees for considering applications for public benefit rating system assessed valuation on open space land and for current use assessment on farm and agricultural land as those lands are defined in RCW 84.34.020. Chapter 84.34 RCW, and the regulations adopted thereunder, govern matters not expressly covered in this chapter. KCC 20.36.100 Public benefit rating system for open space land — definitions and eligibility. A. The definitions in this section apply throughout this section, as well as in K.C.C. 20.36.040 and K.C.C. 20.36.190, unless the context clearly requires otherwise. B. To be eligible for open space classification under the public benefit rating system, a property shall contain one or more qualifying open space resources and have at least five points as determined under this section. The department shall review each application and recommend award of credit for current use of the property. In making the recommendation, the department shall utilize the point system described in subsections C. and D. of this section. C. The following open space resources are each eligible for the points indicated: 1. Active trail linkage — fifteen or twenty-five points 2. Aquifer protection area — five points 3. Buffer to public or current use classified land — three points 4. Ecological enhancement land — eighteen points 5. Equestrian -pedestrian -bicycle trail linkage — thirty-five points 6. Farm and agricultural conservation land — five points 7. Forest stewardship land — five points 8. Historic landmark or archaeological site: buffer to a designated site — three points 9. Historic landmark or archaeological site: designated site — five points 10. Historic landmark or archaeological site: eligible site — three points 11. Public recreation area — five points 12. Rural open space — five points 13. Scenic resource, viewpoint, or view corridor — five points 14. Significant plant or ecological site —five points 15. Significant wildlife or fish habitat — five points 16. Special animal site — three points 17. Surface water quality buffer — five points, eight or ten total points 18. Urban open space — five points E25CT026T Schilling.report 19. Watershed protection area — five points D. Property qualifying for an open space category in subsection B. of this section may receive credit for additional points as follows: 1. Conservation easement or historic preservation easement — eighteen points 2. Contiguous parcels under separate ownership — minimal two points 3. Easement and access — thirty-five points 4. Public access - points dependent on level of access a. Unlimited public access - five points b. Limited public access because of resource sensitivity - five points c. Seasonal limited public access - three points d. Environmental education access — three points e. None or members only — zero points Resource restoration — five points D. 2024 COMPREHENSIVE PLAN POLICIES AND TEXT: E-102 In addition to its regulatory authority, King County should use incentives to protect and restore the natural environment. Incentives should be monitored and periodically reviewed to determine their effectiveness at protecting and restoring natural resources. NOTE: Monitoring of participating lands is the responsibility of both department PBRS staff and the landowner. This issue is addressed in the Resource Information document (page 4) and detailed below in Recommendation #B 12 and 13. E-105 The protection of lands where development would pose hazards to health and safety, property, important ecological functions, or environmental quality shall be achieved through acquisition, enhancement, incentive programs, and appropriate regulations. The foll owing critical areas and their buffers are particularly susceptible and shall be protected in King County: a. Critical aquifer recharge areas; b. Fish and wildlife habitat conservation areas; c. Frequently flooded areas, regulated as flood hazard areas; d. Geologically hazardous areas; and e. Wetlands. E-323 King County should promote voluntary wildlife habitat enhancement projects by private individuals and businesses through educational, active stewardship, and incentive programs. E-325 Through a coordinated approach of incentives and acquisitions, King County should prioritize, enhance, and protect a variety of ecosystems, including urban open space uplands, riparian areas, floodplains, and aquatic systems with the highest conservation value and those supporting equitable access to quality open space. 4 E25CT026T Schilling.report 79 E-329 King County shall protect Species of Local Importance through measures such as regulations, incentives, capital projects, or purchase, as appropriate. E-339 King County should seek to support Water Resource Inventory Area salmon recovery plan goals of maintaining intact natural landscapes through: a. Promoting Current Use Taxation and other incentives; b. Promoting stewardship programs including development and implementation of Forest Plans and Farm Plans; and c. Acquiring property or conservation easements in areas of high ecological importance with unique or otherwise significant habitat values. NOTE: The implementation of an approved forest stewardship, farm management or ecological enhancement plan benefits natural resources, such as wildlife habitat, stream buffers and groundwater protection, and can address invasive plant and noxious weed control and removal within enrolled portions of a property. E-350 King County should provide incentives for landowners who are seeking to remove invasive plants and noxious weeds, such as providing technical assistance or access to native or climate -smart plants. NOTE: Lands participating in PBRS provide valuable resource protection and promote the preservation or enhancement of native vegetation. Addressing nonnative vegetation (invasive plant species), through control and eradication is a PBRS requirement. E-406 King County should identify upland areas of native vegetation that connect wetlands to upland habitats and that connect upland habitats to each other. The County should seek protection of these areas through acquisition, stewardship plans, and incentive programs such as the Public Benefit Rating System and the Transfer of Development Rights Program. E-503 King County shall promote retention of forest cover and significant trees using a mix of regulations, incentives, and technical assistance. R-206 King County shall prioritize conservation of forest land and forestry throughout the Rural Area. Landowner property tax incentives, technical assistance, permit assistance, regulatory actions, and community -based education shall be used throughout the Rural Area to sustain the forest land base and forestry activities. King County should ensure that its regulations, permitting processes, and incentive programs facilitate and encourage active forest management and implementation of forest stewardship plans. R-775 King County shall provide incentives, educational programs, and other methods to encourage agricultural practices and technological improvements that maintain water quality, protect public health, protect fish and wildlife habitat, protect historic resources, maintain flood conveyance and storage, reduce greenhouse gas emissions, E25CT026T Schilling.report 0 control noxious weeds, prevent erosion of valuable agricultural soils, and increase soil water holding capacity while maintaining the functions needed for agricultural production. E. PBRS CATEGORIES REQUESTED and DEPARTMENT RECOMMENDATIONS: Open space resources • Buffer to public or current use classified land The property is adjacent to a short public trail (Parks and Trails map, attached) along the east property line of parcel -0052. The trail is used by the public and provides a portion of a pedestrian throughfare between Foster High School and Thomdyke Elementary School. The enrolling open space area is providing a buffer of native vegetation of more than 50 feet to this adjacent land, which exceeds the category's requirement. Credit for this category is recommended. • Significant wildlife or fish habitat Although credit for this category was not requested, the property contains habitat for numerous wildlife species, including foraging and nesting habitat for the pileated woodpecker, which is identified in King County's Comprehensive Plan as a Species of Local Importance (E-328(e)). Upon conducting a site visit, program staff determined areas of the forest on the property are of sufficient age and diversity to support the species regular use of the property and staff have made visual observations of pileated woodpeckers actively utilizing the property (nesting cavities). Award of this category is consistent with habitat as defined by KCC 20.36.100, section B.15.a (1). Credit for this category is recommended. • Surface water quality buffer In order to be eligible for this category, the enrolling land must be providing a qualifying buffer of native vegetation to a lake, pond, stream, wetland or shoreline within the enrolling portion of a property. The property does not contain any aquatic features. Credit for this category cannot be recommended. • Urban open space The property is located within the urban growth boundary and the landowner is enrolling one or more acres of contiguous native forest. Credit for this category is recommended. • Watershed protection area Although credit for this category was not requested, to be eligible for this category, the enrolling forested area must consist of additional forest cover beyond that required by county or applicable local government regulation and must be at least one acre or sixty- five percent of the property acreage, whichever is greater. The enrolling open space contains 1.21_acres of native forest cover which is more than 65% of the total property acreage and there are no additional forest retention regulations in place for this property. Credit for this category is recommended. E25CT026T Schilling.report Bonus category • Resource restoration The owners are interested in improving the health and diversity of their forest, including weed and invasive species removal. The owners have provided a resource restoration plan (Forest Stewardship Plan, attached) that has been approved by PBRS staff. Credit for this category is recommended. Award of this category may allow restoration activities to occur in the participating open space area. It is the landowner's responsibility to apply for and receive the necessary approvals from the applicable state and local governmental agencies for forestry/restoration activities that require a permit or approval, such as clearing and grading. It should be noted that this restoration activity must be completed within a three-year period. Award of this category requires an annual progress report from the landowner (see below, Section B. 11.), which should be sent to PBRS staff by either email or other agreed to method NOTE: It is important to note that enrollment in the PBRS program requires the control and removal of invasive plant species. This issue is addressed in the Resource Information document (page 3) and below in Recommendation #136. CONCLUSIONS AND RECOMMENDATIONS A. CONCLUSIONS: 1. Approval of the subject request would be consistent with the specific purpose and intent of KCC 20.36.010. 2. Approval of the subject request would be consistent with policy E-101 of the King County Comprehensive Plan. 3. Of the points recommended, the subject request meets the mandatory criteria of KCC 20.36.100 as indicated: Open space resources Buffer to public or current use classified land 5 Significant wildlife or fish habitat 5 Surface water quality buffer 0 Urban open space 5 Watershed protection area 5 Bonus category Resource restoration 5 TOTAL 25 points 7 E25CT026T Schilling.report PUBLIC BENEFIT RATING For the purpose of taxation, 25 points result in 20% of market value and an 80% reduction in taxable value for the portion of land enrolled. B. RECOMMENDATION: APPROVE the request for current use taxation "Open space" classification with a Public Benefit Rating of 25 points, subject to the following requirements: Requirements for Property Participating in the Public Benefit Rating System Current Use Assessment Program for Open Space I . Compliance with these requirements is necessary for property participating ("Property") in King County's Public Benefit Rating System ("PBRS"), a current use assessment program for open space. Failure to abide by these requirements can result in removal of PBRS designation and subject Property owner ("Owner") to penalty, tax, and interest provisions of RCW 84.34. King County Department of Assessments ("DoA") and King County Water and Land Resources Division, Agriculture, Forestry, and Incentives Unit, PBRS Program or its successor ("PBRS Program") may re-evaluate Property to determine whether removal of PBRS designation is appropriate. Removal shall follow the process in Chapter 84.34 RCW, Chapter 458.30 WAC and Chapter 20.36 KCC. 2. Revisions to any of these requirements may only occur upon mutual written approval of Owner and granting authority. These conditions shall apply so long as Property retains its PBRS designation. If a conservation easement acceptable to and approved by City of Tukwila and King County is granted by Owner in interest to Department of Natural Resources and Parks, King County or a grantee approved by King County, these requirements may be superseded by the terms of such easement, upon written approval by PBRS Program. 3. The PBRS designation for Property will continue so long as it meets the PBRS criteria for which it was approved. Classification as open space will be removed upon a determination by PBRS Program that Property no longer meets PBRS criteria for which it was approved. A change in circumstances, which diminishes the extent of public benefit from that approved by City of Tukwila and King County Council in the open space taxation agreement, will be cause for removal of the PBRS designation. It is Owner's responsibility to notify DoA and PBRS Program of a change in Property circumstance, which may impact PBRS participation. 4. When a portion of Property is withdrawn or removed from the program, the remaining Property shall be re-evaluated by PBRS Program and DoA to determine whether it still meets the criteria for PBRS categories as approved. E25CT026T Schilling.report 5. Notwithstanding the provisions of Section 13, tree(s) posing a hazard to a structure, road or property access may be removed from Property, provided that Owner shall first notify the PBRS Program prior to taking such action. Native vegetation must be introduced for any tree(s) removed and must be planted within a reasonable location of where the tree(s) previously existed. It is Owner's responsibility to apply for and receive any necessary consent from applicable state and local governmental agencies for activities that may require a permit or approval. 6. If an area of Property becomes or has become infested with noxious weeds or non- native species, Owner may be required to submit a control and enhancement plan to PBRS Program in order to remove such vegetation and, if necessary, replace with native vegetation. 7. If it is determined by PBRS Program that Property vegetation near structures is prone to wildland fire and poses a fire hazard, management activities as allowed under KCC 16.82.051 may be implemented as long as those activities do not cause significant adverse impact to the resource values of awarded PBRS categories. Prior to undertaking any wildfire risk reduction activities on Property, a summary of any proposed work must first be submitted to and approved by PBRS Program. 8. There shall be no motorized vehicle driving or parking allowed on Property, except for medical, public safety or police emergencies, or for an approved management activity (such as forestry, farm, or restoration activities) detailed in an approved plan. 9. Grazing of livestock is prohibited unless Property is receiving credit for the farm and agricultural conservation land or resource restoration PBRS categories. In those cases, grazing may occur in areas being farmed as defined in the approved farm management plan or to be restored as defined in the approved resource restoration plan. 10. For Property receiving credit for ecological enhancement land, farm and agricultural conservation land, forest stewardship land, rural stewardship land, or resource restoration, activities that are defined in associated approved plan(s) shall be permitted as long as those activities do not cause significant adverse impact to the resource values of other awarded PBRS categories. 11. Owner of Property receiving credit for farm and agricultural conservation land, ecological enhancement land, forest stewardship land, or rural stewardship land must provide an annual monitoring report that describes progress of implementing associated approved plan(s). The report must include a brief description of activities taken to implement the plan and photographs from established points on Property. Owner must submit this report to the PBRS Program by email or other mutually agreed upon method annually by December 31 or as directed by the PBRS Program. An environmental consultant need not prepare this report. 9 E25CT026T Schilling.report 12. No alteration of Property or resources shall occur without prior written approval (such as an approved plan) by PBRS Program, except for selective cutting for personal firewood, maintaining areas for approved passive recreational uses (such as walking or horseback riding trails) or for removal of non-native species. Any unapproved alteration may constitute a departure from an approved open space use and be deemed a change of use, and subject Owner to the additional tax, interest, and penalty provisions of RCW 84.34.080. "Alteration" means any human -induced action that adversely impacts the existing condition of Property or resources including, but not limited to, the following: a. erecting structures; b. grading; c. filling; d. dredging; e. channelizing; f. modifying land or hydrology for surface water management purposes; g. cutting, pruning, limbing or topping, clearing, mowing, or removing native vegetation; h. introducing non-native species (as defined in KCC 21A.06.790); i. applying herbicides or pesticides or any hazardous or toxic substance, without prior written approval; j. discharging pollutants except for stormwater; k. paving or application of gravel; 1. storing or dumping equipment, construction materials, garbage, vehicles, household supplies, or compost; m. engaging in any other activity that adversely impacts existing native vegetation, hydrology, wildlife, wildlife habitat, or awarded program categories. 13. Participation in PBRS does not exempt Owner from obtaining any required permit or approval for activity or use on Property. TRANSMITTED to the parties listed hereafter: Peter Schilling, applicant Heidi Watters, Urban Environmentalist, ISA Certified Arborist, TRAQ Elenore Bonyeau, King County Department of Assessments 10 E25CT026T Schilling.report City of Tu k) City Council Planning & Community Development Committee Meeting Minutes May 11, 2026, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present. Kate Kruller, Chair; Jo Camacho, Jane Ho Staff Present. Laurel Humphrey, Derek Speck, Pete Mayer, Heidi Watters Guest: Vicky Raya, King County Chair Kruller called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Effective Engagement on Climate Strategies Ms. Raya, Climate Equity Manager, presented suggestions and best practices for Tukwila to consider. Committee Recommendation Discussion only. B. Resolution: Public Benefit Rating System Open Space Classification A resident is seeking Council approval to have his property at 4447 S. 148th St classified under the County's PBRS. Items for follow-up: Return with answers to the following: 1. Can the Council say no? 2. Does this classification permanent -does it stay with the property regardless of owner? Committee Recommendation Unanimous approval. Forward to May 18, 2026 Regular Meeting. C. Resolution: Supporting Designation of Certain Census Tracts as Opportunity Zones Staff is seeking approval of a resolution requesting Governor Ferguson nominate 7 eligible census tracts for designation as opportunity zones. Committee Recommendation Unanimous approval. Forward to May 18, 2026 Regular Meeting Consent Agenda. MISCELLANEOUS Councilmember Camacho recommended a contact, Peter Donaldson at Sustainability Ambassadors. The meeting adjourned at 6:52 p.m. Committee Chair Approval City of Tukwila Thomas McLeod, Mayor AI Marty Wine, City Administrator AGENDA BILL Agenda Item Update to TMC 2.68 Municipal Court Sponsor Mayor's Office Legislative History May 11, 2026 Finance & Governance Committee May 18, 2026 Regular Meeting Recommended Motion ❑ Discussion Only ❑x Action Requested ITEM NO. 7.g. MOVE TO adopt an ordinance amending TMC 2.68 Municipal Court to align with RCW 3.50, adjusting the Municipal Court Judge salary and converting the Municipal Court Judge position to an elected position; and adopt an ordinance setting the Judge Pro Tem compensation rate. EXECUTIVE SUMMARY Tukwila Municipal Code 2.68 Municipal Court is being amended to increase the judicial position from part-time to full-time, increase the judicial salary to full-time, convert the position from an appointed position to an elected position effective January 1, 2030, and make updates to align with RCW 3.50, Municipal Courts. An amendment to the Memorandum of Understanding with Judge Walden reflecting the change of position from part-time to full-time is attached. Additionally, in collaboration with the update to TMC 2.68.040(A), an ordinance setting the compensation of Judges Pro Tem. DISCUSSION The Municipal Court Judge position is currently .90 FTE. The Judge is appointed by the Mayor for a 4- year term, which occurred in October 2025, in alignment with RCW 3.50.040. After evaluation of the Municipal Court caseload for 2024, 2025 and Q1 2026, it has been determined that the position needs to be increased to a full-time position. Pursuant to RCW 3.50.055, each full-time equivalent judicial position shall be filled by election. Based on legal opinions from the Administrative Office of the Courts and the City Attorney's Office, it has been determined that the City can increase the judicial position to full-time for the remainder of the current term. A special election is not required. The Municipal Court Judge position will be an elected position in the general election in November 2029. Pursuant to RCW 3.50.090 and TMC 2.68.040(A) the compensation rate for Judges Pro Tem is set by ordinance for the judicial term January 1, 2026 — December 31, 2029. FINANCIAL IMPACT Disclaimer: Final terms and scope of work subject to review by the City Attorney ii ❑ Expenditure - Budgeted Expenditures: Fund Source: ❑x Expenditure - Unbudgeted $16,000 General Fund ❑ Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. Revenues(if applicable $0 asset sale, surplus equipment) ❑ Revenue - Ongoing Contractor (if applicable) N/A Scope of Work Increase in Judicial salary and benefits effective June 1, 2026. Amount $16,000 Duration ongoing Additional Comments: If approved, the increased FTE and funding would be reflected in the budget amendment to be considered later in 2026. ATTACHMENTS Draft Ordinance Updating TMC 2.68 Memorandum of Understanding Draft Ordinance Setting Judges Pro Tern Compensation Rate Minutes from 05/11/26 Finance & Governance Committee Meeting https:/itukwilawa.sharepoint.com/sites/clerksintranet/Council Agenda Items/05-11 FIN/AB TMC 2.68 Update.docx 89 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) CHAPTER 2.68, "MUNICIPAL COURT," IN ALIGNMENT WITH CHAPTER 3.50 RCW; CONVERTING THE MUNICIPAL COURT JUDGE POSITION TO AN ELECTIVE POSITION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila Municipal Court caseload has increased, substantiating the need for a full-time Municipal Court Judge; and WHEREAS, the current Municipal Court Judge was reappointed for a four-year term as a part-time judge (.90 FTE) commencing January 1, 2026 and ending December 31, 2029; and WHEREAS, pursuant to RCW 3.50.055, each full-time equivalent judicial position must be filled by election; and WHEREAS, state law allows currently appointed Municipal Court Judge to serve out her term, provided that an election is held in 2029 to fill the subsequent judicial term beginning January 1, 2030; and WHEREAS, should a vacancy in the Municipal Court Judge position occur prior to the 2029 General Election, a Special Election shall be called to fill the remainder of the current appointee's term; and WHEREAS, pursuant to RCW 3.50.080 and TMC Section 2.68.026, the salary of the Municipal Court Judge shall be fixed by ordinance; and WHEREAS, certain sections of TMC Chapter 2.68, "Municipal Court," must be updated to removed outdated language and align with Chapter 3.50 RCW, "Municipal Courts —Alternate Provision"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2026 Legislation: TMC 2.68; Conversion to Elected Judge Page 1 of 5 Version: 4/30/26 Staff: C. Thompson .o Section 1. TMC Section 2.68.020 Amended. Ordinance No. 1324 §4, as codified at TMC Section 2.68.020, "Judges — Appointment — Qualifications," is hereby amended to read as follows: 2.68.020. Judges — ppomn*men* Filling - Qualifications. ,,+ �Te�Ti al judge holding office erg Ii ily 10 1 Qvv�, eeffeGtive date of 0,rd,n_A.nr_--e No. 1324, shall Gontinue to held OffiGe URtil expiration of his or her term er januard 1 1986, whinheyer oGGr_Sc firc�he term of a S iGGesco�halllno�mmeenGe_� 1986,and/eriaRuaryI ef eaGh fourth yearthereafter, B. The muniGipal judge shall be appointed by the Mayor, suNeGt tO GOnfirmation by the City as provided below. fer a term ef feur years. AppeiRtments shall be made eR er befere Denemher 1 of year preGedinn the year in whiGh ��t Gemmennoc vc. ccrrrvcrTvr r � " `" . � � rrc.��r c cvrrn-rTcrrc.�.r. person appointed a nTnipal judge shall be of the United States of e and an attoPIRey admitted to praGtOG8 law before the not �r�TeGOrd of the State. A. Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. A full-time equivalent position is thirty-five or more hours per week of compensated time. B. The Municipal Judge shall be elected in the same manner as other elective city officials. The term of the Municipal Judge shall be for a term of four years commencing on January 1, 2030, and every four years thereafter. C. A person elected as a municipal judge shall be a citizen of the United States of America and the State of Washington; a resident of King County; and an attorney admitted to practice law before the courts of record of the State. Section 2. TMC Section 2.68.026 Amended. Ordinance Nos. 2659 §2 and 2261 §2, as codified at TMC Section 2.68.026, "Municipal Judge Salary," are hereby amended to read as follows: 2.68.026. Municiaal Judae Sala The salary of the Municipal Court Judge shall be set at the rate of ��100% of the District Court Judges Salary as set by the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. Section 3. TMC Section 2.68.027 Amended. Ordinance No. 2013 §1, as codified at 2.68.027, "Removal of Judge," is hereby amended to read as follows: 2.68.027. Removal of Judge. A. A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office, or by operation of law. For the purposes hereof, conviction of misconduct or malfeasance in office shall include: 2026 Legislation: TMC 2.68; Conversion to Elected Judge Page 2 of 5 Version: 4/30/26 Staff: C. Thompson 0% 1. Conviction of any criminal offense by the Municipal Judge during the term of office of the Municipal Judge; 2. A determination by the Washington State Judicial Conduct Commission that a code or standard of judicial conduct has been violated; or 3. A finding by the City Council, after notice and a hearing and reasonable opportunity to be heard, that conduct has occurred, not limited to criminal convictions, which interferes with or prevents the Municipal Judge from being able to adequately administer or handle judicial functions of the Municipal Court, or which indicates that the judge cannot act in a fair and/or impartial manner. B. It is provided, however, that if the Washington State Judicial Conduct Commission, or the Washington State Supreme Court or other court with the jurisdiction to make such decisions, decides that the Municipal Judge is to be removed from office or that the Municipal Judge is not qualified or able to serve as a Municipal Judge, then no further or separate action by the City Council is required to effect such removal. G. Any vaGanGY on the MuniGipal Court due to death, disability or resignation of the The appointment shall be subjeGt tG Genfirmatien by the Gity GeunGil. The appointed judge shall be qualified to hold the position of judge of the MuniGipal Court, as provided On TMG Chapter 2.68 and RGVV 3.50 asamendedby Chapter258 Laaws of, 1984. Section 4. TMC Section 2.68.030 Amended. Ordinance 1324 §6, as codified at TMC Section 2.68.030, "Municipal Court Employees," is hereby amended to read as follows: 2.68.030. Municipal Court Employees. All employees of the Municipal Court shall, for all purposes, be deemed employees of the City. They shall be appointed by and serve at the pleasure of the Court; provided, that all applicable City personnel practices and procedures with respect to hiring and termination are followed. Supervision of the Court employees shall be by the Maye Municipal Court Judge or designee. Section 5. TMC Section 2.68.040 Amended. Ordinance 1324 §7, as codified at 2.68.040, "Judges Pro Tern — Court Commissioners," is hereby amended to read as follows: 2.68.040. Judges Pro Tem — Court Commissioners. A. The Mayor shall, On writing, appeint judges pre tem who shall aGt in the absenGe or disability of the regular judge of the MuniGipal Court or subseqUeRt tO the filing of aR affidavit of prejudiGe. The judge pre tem shall be qualified to hold the POSitieR of judge ef the MURiGipal Courtwasprovided herei�h judge pro tem shall reGeiVe SUGh GOMpeRsation as shall be foxed by erdinanGe. The term of the appeiRtmeRt shall b& SpeGified on writing but OR aRy event shall net eXteRd beyond the term of the appGiRtiRg Mayor. 2026 Legislation: TMC 2.68; Conversion to Elected Judge Page 3 of 5 Version: 4/30/26 Staff: C. Thompson 92 A. The Municipal Court Judge may one or more persons as nudges pro tempore ("pro tem") to serve: 1. In the absence or disability of the elected Municipal Court Judge; 2. Subsequent to the filing of an affidavit of prejudice; and/or 3. In addition to the elected judge when the administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tem shall be the same as for judges as provided under RCW 3.50.040 and TMC Section 2.68.020, except that a fudge pro tem need not be a resident of the City or King County. A judge pro tem shall have all of the powers of the duly elected fudge when serving as a nudge pro tem of the court. Before entering into his or her duties, each judge pro tem shall take, subscribe, and file an oath as is taken by the duly elected fudge. Such pro tem nudges shall receive such compensation as shall be fixed by ordinance by the municipality in which the court is located and such compensation shall be paid by the municipality. B. The Municipal Court Judge may appoint one or more Municipal Court commissioners, who shall hold office at the pleasure of the Municipal Court Judge. Each Municipal Court commissioner shall have such power, authority and jurisdiction in civil and criminal matters as the appointing Municipal Judge possesses, and must be a lawyer who is admitted to practice law in the state of Washington or a nonlawyer who has passed the qualifying examination for lay_audges for courts of limited jurisdiction under RCW 3.34.060. fh ,f l GGUFt judge s"all�SGr;Ae by GOUrt erder.The commissioner does not have authority to preside over trials in criminal matters, or jury trials in civil matters unless agreed to on the record by all parties. A commissioner need not be a resident of the City or of the King County. Section 6. TMC Section 2.68.045 Amended. Ordinance 1324 §8, as codified at 2.68.045, "Judicial Vacancy," is hereby amended to read as follows: 2.68.045. Judicial Vacancy. In the event t any vacancy in the Municipal Court due to a death, disability, or resignation of they Municipal Court Judge prior to the expiration of the Municipal Court Judge's term, a Special Election shall be called to fill the remainder of the unexpired term. shall be foilor! by the Mayor for the remainder of the unexpired form Tho appointment shall be s ihionf to nonfirmofion of the Gity G,,,,n„il. The appointed -elected 'fudge shall be qualified to hold the position of judge of the Municipal Court as provided in this chapter. Section 7. TMC Section 2.68.050 Amended. Ordinance 1324 §9, as codified at 2.68.050, "Municipal Court Hours," is hereby amended to read as follows: 2.68.050. Municipal Court Hours. 2026 Legislation: TMC 2.68; Conversion to Elected Judge Version: 4/30/26 Staff: C. Thompson Page 4 of 5 Nlr] The Municipal Court shall be open and shall hold such regular and special sessions as may be prescribed by the Municipal Court judge.; provided, that the MuniGipal Court shall Rot be open OR RORj dinial days Section 8. 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 9. 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 )2026. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2026 Legislation: TMC 2.68; Conversion to Elected Judge Version: 4/30/26 Staff: C. Thompson Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 5 of 5 City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, City Administrator MEMORANDUM OF UNDERSTANDING -AMENDMENT TO: Honorable Kimberly Walden, Municipal Court Judge FROM: Thomas McLeod, Mayor DATE: May 18, 2026 RE: Amendment of Wage and Benefits for Appointment Term 2026-2029 WAGE: Compensation shall beset at 100% of the salary established for District Court Judges, as determined by the Washington Citizens' Commission on Salaries for Elected Officials and updated on an annual basis. The current schedule, adopted in 2025 is attached hereto as Exhibit A. All taxes, social security and related deductions shall be made from your wages. BENEFITS: General Leave: You shall be provided a general leave bank for use as sick leave and/or vacation, at your discretion. • Leave shall accrue at a rate of 12 hours per month • Maximum accrual shall not exceed 96 hours • Accruals in excess of 96 hours shall not carry forward Upon separation from service, accrued leave shall be paid out up to a maximum of 96 hours at your regular rate of pay at the time of separation. Holidays: You shall be entitled to the same holidays as the Non -Represented Employee group, in accordance with City Policy. Healthcare/Dental: You are eligible to participate in the City of Tukwila's medical and dental benefit programs, including: • The City's self -insured medical plan • Kaiser Permanente (if elected) • Dental coverage options The City will contribute 90% of the premium cost foryou and your eligible dependents. • Your share shall be a minimum of 10%, and may be higher depending on plan selection • Any employee premium contributions will be made through payroll deduction Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 95 MEMORANDUM OF UNDERSTANDING AMENDMENT FOR TERM 2026-2029 Page 2 This change in status constitutes a qualifying event under the City's benefit plans. You must submit any changes to your current benefit elections no later than May 22 for changes to be effective June 1. Please sign the attached Personnel Action Form (PAF) and the bottom of this memorandum to indicate agreement. Agreed to this 181h day of May, 2026. Thomas McLeod, Mayor Kimberly Walden, Judge Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov •9 MOU Exhibit A \ Cc st 0 Washington MUzens' Commission on Salaries for Elected Officials 2025 and 2026 Final Salary Schedule Judicial Branch Position Supreme Court Chief Justice Supreme Court Justices Court of Appeals Judges Superior Court Judges District Court Judges Current Salary Salary Effective 7/1/2025 255,495 265,792 251,861 262,011 239,755 249,417 228,261 237,460 217,337 226,096 Salary Effective 7/1/2026 273,819 269,924 256,949 244,631 232,924 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2659, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 2.68.026 REGARDING THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City requires the services of a Municipal Court Judge who is appointed to a four-year term; and WHEREAS, the current Municipal Court Judge will be reappointed to a term commencing January 1, 2026, under the Contract for Municipal Court Judge Services (MOU), attached hereto as Exhibit A; and WHEREAS, pursuant to RCW 3.50.080 and Tukwila's Municipal Code, the salary of the Municipal Court Judge shall be fixed by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2659 as codified at Tukwila Municipal Code Section 2.68.026, is hereby repealed in its entirety. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 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. 2026 Legislation: Judge Pro Tern Salary Page 1 of 2 Version: 05/05/2026 Staff: C. Thompson 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 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 12025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, 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: Attachment: Exhibit A — Contract for Municipal Court Judge Services (MOU) 2026 Legislation: Judge Pro Tern Salary Version: 05/05/2026 Staff: C. Thompson Page 2 of 2 0 s J Citv , Q ~ City Council Finance & Governance Committec 1908 Meeting Minutes May 11, 2026 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present. Hannah Hedrick, Acting Chair; Dennis Martinez, Armen Papyan Staff Present. Marty Wine, Megan Marks, Tony Cullerton, Kimberly Walden BUSINESS AGENDA A. Ordinances: Amendine TMC 2.68 Municipal Court and Judge Pro Tern Salar Staff is seeking approval of an ordinance that would adjust the Judge salary and convert the position to a full-time elected position, and another ordinance setting the Judge pro tem compensation rate. Committee Recommendation Unanimous approval. Forward to May 18, 2026 Regular Meeting. B. 2026 First Quarter Financial Report Staff presented the rerpot. Item(s) for follow-up: • Determine if nonprofits pay tax on TCC rentals. • Determine if other cities are also seeing a flattening of sales tax. Committee Recommendation Discussion only. MISCELLANEOUS The meeting adjourned at 6:09 p.m. HH Committee Chair Approval 100 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator Agenda Item Sponsor Legislative History Recommended Motion EXECUTIVE SUMMARY ITEM NO. 7.C. AGENDA BILL Flock Safety Master Service Agreement & ALPR Cameras Near Places of Worship Tukwila Police Department & Technology & Innovation Services May 18, 2026 Regular Meeting May 11, 2026 Committee of the Whole May 4, 2026 Work Session April 6, 2026 Work Session March 23,2026 Community Services & Safety Committee January 5, 2026 Regular Meeting ❑ Discussion Only ❑x Action Requested MOVE TO authorize the mayor to execute the Master Service Agreement with Flock to align with the ESSB 6002 and established Tukwila Police Department practices. Staff has completed a review of the Flock Safety Master Services Agreement (MSA) and developed a new draft MSA for Council's review and consideration. Staff is also seeking Council's guidance on the conditions under which Flock Safety Automatic License Plate Reader (ALPR) cameras near places of worship may be reenabled in a manner consistent with Washington State Engrossed Substitute Senate Bill (ESSB) 6002 and community expectations. DISCUSSION The Mayor directed staff to complete a Third -Party Risk Assessment, which included an evaluation of Flock Safety and its related services. As part of this work, the City's Legal Team, Police Department, and Technology & Innovation Services reviewed the Flock Safety Master Services Agreement (MSA) to assess data security, privacy protections, and compliance with state law, specifically the newly -enacted ESSB 6002, which took effect on March 30, 2026. The City then worked with Flock Safety to revise their template MSA to further strengthen privacy protections, clarify contractual responsibilities, and ensure overall alignment with ESSB 6002. If approved by Council, this revised draft MSA, will supersede Contract 2401, the Flock Safety MSA approved by Council on January 22, 2024. Per Council direction, staff deactivated three Automated License Plate Reader (ALPR) cameras located near places of worship. Council directed the deactivation due to the lack of clarity in ESSB 6002 regarding a prohibition on collecting ALPR images of churches, church parking lots, and the ingress/egress to churches. TPD has confirmed that the three ALPRs at issue do not collect any images that are prohibited, but out of an abundance of caution, Council determined it would be best to 101 deactivate these to enable time to gain greater clarity regarding limitations on the proximity of cameras to these locations and to accommodate further outreach with the impacted places of worship. The State Attorney General's Office will be providing policy direction on how local jurisdictions should interpret this provision of the statute but in the meantime, City Council could direct staff to adopt a City- wide policy for City owned ALPR cameras that regulates the placement of ALPR cameras in the context of the protected locations established by ESSB 6002. In addition to recent supportive public testimony by representatives from two of the faith based organizations, staff are conducting additional targeted outreach to these communities, evaluating potential relocation options to reduce impacts, and identifying approaches that maintain tool effectiveness while responding to community feedback and will provide an update on these discussions at the May 1111 meeting. Council will be requested to approve the proposed draft MSA at their next regularly scheduled meeting on May 18. FINANCIAL IMPACT The revised draft MSA does not change the City's ongoing financial obligations or the services provided. The draft revised MSA solely updates and clarifies the MSA language to align with ESSB 6002 and established Tukwila Police Department (TPD) practices limiting data sharing settings. ATTACHMENTS A. Draft Flock Safety Master Service Agreement - updated after 05111 COW B. Previously adopted FIGGk Safety Master SerVoGe Aqreernent #24 012 102 Attachment A Master Services Agreement This Master Services Agreement (this "Master Services Agreement') is entered into by and between Flock Group Inc, with a place of business at 1170 Howell Mill Road NW, Suite 210, Atlanta, GA 30318 ("Flock'), and the entity identified in the signature block ("Customer'') (each a "Party," and together, the "Parties"). The Agreement is effective as a binding agreement between the Parties as of the Effective Date. 1. DEFINITIONS 1.1. "Agreement' means this Master Services Agreement, any exhibits attached hereto, the Reinstall Fee Schedule, the Customer Implementation Guide, and each Order Form, each of which is incorporated by reference herein. 1.2. "Applicable Lain' means all federal, state, and local laws and regulations, including those related to the recording or sharing of data, video, photo, or audio content, in each case to the extent directly applicable to the respective Party's performance of its obligations under this Agreement. 1.3. "Audit Trail Data" means all forms of data collected or generated by Flock Hardware or Customer Hardware on behalf of Customer that identify how the Flock System is accessed or used by Customer Authorized End Users. "Audit Trail Data" includes information about who accesses or uses the system, and how and when the system is accessed or used. "Audit Trail Data" does not include Automated License Plate Reader Data. 1.4. "Authorized End User(s)" means any individual employees, agents, or contractors of Customer accessing or using the Flock Services on behalf of Customer pursuant to the Agreement, who have been (a) granted access to the Flock Services by Customer in its exercise of reasonable discretion relating to the receipt of the Flock Services hereunder by Customer, and (b) from whom Customer has obtained reasonable assurances that they will comply with the access and use and confidentiality terms in the Agreement. 1.5. "Automated License Plate Reader Data" means all data collected by Flock Hardware or Customer Hardware on behalf of Customer including, but not limited to, global positioning system coordinates, location, date and time, speed of travel, photograph, license plate number, automobile characteristics, or other identifying information. "Automated License Plate Reader Data" does not include audio or video recordings generated by a dashboard or body worn camera, unless such recordings are converted into computer -readable license plate characters or associated metadata, or are indexed, made searchable, or analyzed by license plate number, individual, vehicle, biometric identifier, or other unique identifier for the purpose of identifying, tracking, or reconstructing an individual's or vehicle's location. 1.6. "Confidential Information" means information that is disclosed by one Party to the other and that the receiving Party knows is confidential to the disclosing Party or that is of such a nature that someone familiar with the type of business of the disclosing Party would reasonably understand is confidential to it. Confidential Information includes financial, product, and other business information of either Party. Notwithstanding the foregoing, Confidential Information does not include information that the receiving Party can demonstrate: (a) is in the public domain or is generally publicly known through no 103 improper action or inaction by the receiving Party; (b) was rightfully in the receiving Party's possession or known by it prior to receipt from the disclosing Party; (c) is rightfully disclosed without restriction to the receiving Party by a third -party without violation of obligation to the disclosing Party; or (d) is independently developed for the receiving Party by third parties without use of the Confidential Information of the disclosing Party. 1.7. "Customer Data" means all (a) data and information captured by Flock Hardware on behalf of Customer through the Flock Services (e.g., images, audio, and/or video) and the metadata associated therewith, (b) content input into the Web Interface by Customer or its Authorized End Users, (c) data and information provided to Flock through the Flock Services by third parties at Customer's direction, and (d) Audit Trail Data. 1.8. "Customer Hardware" means the third -party hardware owned, or otherwise provided, by Customer and any other physical elements that interact with the Flock Software to provide the Flock Services. 1.9. "Customer Implementation Guide" means the terms and conditions related to implementation located at.https://www.flocksafetV.com/implementation-guide. 1.10. "Effective Date" means the date this Master Services Agreement is executed by both Parties. 1.11. "Feedback' means any ideas, advice, recommendations, suggestions, enhancement requests, feedback, or proposals provided by, or on behalf of, Customer or its personnel to Flock related to Flock Property. 1.12. "Flock Software" means the (a) software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware; and (b) the software functionality of the Web Interface that enables system access and use. 1.13. "Flock Hardware" means all Flock device(s) and physical elements provided by Flock in connection with the Flock Services. 14. "Flock Property' means the Flock Services, the Flock Software, Flock Hardware, the Web Interface, Flock's Confidential Information, and all intellectual property or proprietary information therein or otherwise provided to Customer or its Authorized End Users, including Flock's technology, patents, trade secrets, trademarks, proprietary methods, algorithms, data models, machine learning methods, documentation, and any modifications or improvements. For clarity, Flock Property also includes any derivative works, intermediate or final outputs, analyses, reports, models, or other results generated by or through the Flock Services. Except for the limited ability to access and download Customer Data within the applicable Retention Period, no rights are granted to download, extract, export, or otherwise create or retain copies of such derivative works, outputs, or other elements of Flock Property. 15. "Flock Services" means the services provided by Flock under the Agreement as set forth in the applicable Order Form, including access to and use of the Web Interface by Customer and the provision of Flock Software and Flock Hardware. 16. "Force Majeure Event' means an Act of God, fire, earthquake, flood, wind, water, the elements, geographic or climatic conditions, third party labor disputes, power failures, explosions, civil disturbances, riots, acts of terrorism, governmental actions or 104 3 orders, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any cause beyond its reasonable control. 17. "Order Form" means any Flock Order Form entered into by the Parties on the date hereof or following the Effective Date and incorporated herein by reference. Each Order Form will describe the Flock Services to be performed and the period for performance. 1.18. "Permitted Purpose" means a legitimate public safety and/or business purpose, including the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, and performance of obligations required under local, state, and federal regulations, to the extent permitted by law. 1.19. "Reinstall Fee Schedule" means the fee schedule set forth at https://www.flocksafety.com/reinstall-fee-schedule. 1.20. "Retention Period' means the time period that footage captured by the Flock Hardware or Customer Hardware via the Flock Services and the associated metadata is stored by Flock, as specified in the applicable Order Form. 1.21. "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Flock Services. 2. ACCESS AND USE 2.1. Provision of Access. Subject to compliance with the terms of the Agreement, Flock grants to Customer and its Authorized End Users a limited, non-exclusive, non- transferable right to access and use the Flock Services via the Web Interface during the term of this Agreement, solely for the Permitted Purpose. Customer shall access the Flock Services through the Web Interface only (a) through its Authorized End Users acting within the scope of their service for Customer; (b) for the internal use of Customer; and (c) from and within the United States. 2.2. Authorized End Users. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without Flock's prior written permission. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Authorized End Users shall only use Customer -issued email addresses for the creation of their User ID. Customer shall be responsible for all acts and omissions of Authorized End Users in connection with their access and use of the Flock Services, including each Authorized End User's compliance with the terms of the Agreement and Applicable Law. Customer shall terminate any Authorized End User's access to the Flock Services (a) when such person no longer meets the definition of "Authorized End User;" (b) if conduct by such Authorized End User breaches any term of the Agreement; or (c) upon such Authorized End User's indictment, arrest, or conviction for any felony offense. Flock may restrict, suspend, or terminate an Authorized End User's access to the Flock Services if Flock determines, in its reasonable discretion, that such access has an adverse effect on Flock or any of its customers; provided that Flock will provide as much advance notice of any such restriction, suspension or termination as is reasonable under the 105 2 circumstances. Customer is responsible for any use of data, information, or services obtained through the Flock Services by Authorized End Users. 2.3. Access and Use Restrictions. Except as expressly permitted under the Agreement, Customer shall not and shall cause its Authorized End Users not to: (a) access or use Flock Property in connection with the provision of any services to third parties; (b) resell, rent, license, lease, provide service bureau or timeshare services, transfer, encumber, copy, distribute, publish, exhibit, transmit or otherwise make available to any third -party any Flock Property; (c) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on Flock Property; (d) use Flock Property in a manner that delays, impairs, or interferes with system functionality for others or that compromises the security or integrity of any data, equipment, software, or system input or output, including introduction of any viruses or malware into the Web Interface; (e) use Flock Property or any part or aspect thereof in violation of Applicable Law or to mislead or harass anyone; or (f) use Flock Property, except as specifically permitted under the Agreement. Notwithstanding anything to the contrary herein, Customer may provide to third parties Customer Data and any applicable reporting under applicable state regulations. Use of, or access to, Flock Property not in accordance with the terms of the Agreement is strictly prohibited. Any violation of this Section 2 will cause Flock irreparable and immediate harm, and Flock is entitled to injunctive relief to prevent such violation. In the event of a violation of this Section 2.3, Flock may temporarily suspend Customer and/or any Authorized End User's access to any portion or all of the Flock Property (a "Service Suspension"). Customer shall not be entitled to any remedy for any Service Suspension imposed in accordance with the Agreement, including any reimbursement, tolling, or credit. 2.4. Retention of Data. Automated License Plate Reader Data will be available for Authorized End Users to access and download via the Web Interface for twenty-one (21) days. 2.5. Inter -agency Sharing Controls related to Customer Data. Interagency sharing shall be disabled by default at all times, including after any system update, upgrade, maintenance event, configuration change, or new feature deployment, unless Customer has affirmatively enabled such sharing. Customer may enable or disable interagency sharing at any time, on an agency -by -agency basis, and any such change shall take effect immediately. Flock shall ensure that no Customer Data is shared with any third Party unless and until Customer affirmatively enables sharing through the Web Interface or as otherwise permitted by this Agreement. 3. SERVICES AND SUPPORT 3.1. Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within forty-eight (48) hours. Flock will provide Customer with reasonable technical and on -site support and maintenance services in -person, via phone, or by email at support@flocksafety.com (such services collectively referred to as "Support Services'J. 3.2. Service Disruptions. Flock Services may be disrupted in the event that: (a) Flock's provision of the Flock Services to Customer or any Authorized End User is prohibited by 106 5 Applicable Law; (b) any third -party services required for Flock's provision of the Flock Services are interrupted; (c) the Flock Services are being used for malicious, unlawful, or otherwise unauthorized purposes; (d) there is a threat or attack on any Flock Property by a third -party; or (e) there is scheduled or emergency maintenance ("Service Disruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Disruption to Customer, to provide updates, and to resume providing access to the Flock Services as soon as reasonably possible after the event giving rise to the Service Disruption. To the extent the Service Disruption is not caused by Customer's direct actions or omissions (or those of parties associated with Customer), the term of the Flock Services affected by such Service Disruption will be tolled by the duration of the Service Disruption for any continuous disruption lasting at least one (1) full day. For example, in the event of a Service Disruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the term of the applicable Order Form. The remedy of a credit described in this Section 3.2 will be Customer's sole and exclusive remedy for the acts or omissions of Flock relating to such Service Disruption. 3.3. Web Interface Availability. Except with respect to scheduled or emergency maintenance, Flock will use commercially reasonable efforts to provide 99% monthly average availability of the Web Interface. 4. DATA USE AND LICENSING 4.1. Customer Data. As between Flock and Customer, all right, title, and interest in and to Customer Data, including Usage Data, belong to and are retained by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable (during the term of this Agreement), worldwide license to (a) use and disclose Customer Data to provide the Flock Services to Customer; and (b) to use Usage Data (defined below) to support and improve Flock's products and services. "Usage Data" means any information relating to Customer's use of the Flock Services, including information collected by or provided to Flock through Customer's use of the Flock Services, but not including footage captured by the Flock Services. For purposes of clarity, Customer Data may not be shared, accessed, or disclosed to or with any third parties that is not under contract with Flock unless the use or disclosure is required by applicable law (as described in Section 5(d) or the use or disclosure is expressly approved in writing by Customer. Customer Data will be available for Authorized End Users to access and download via the Web Interface during the applicable Retention Period. For clarity, Flock retains the exclusive right to determine and control the method, timing, format, and medium of such access or delivery, and is not obligated to provide Customer Data in any alternative form, format, or transmission method outside of the Web Interface. To the extent any Customer Data constitutes Personal Information (as defined under Applicable Laws), Flock will process such data in accordance with Applicable Law and the privacy policy set forth at https://www.flocksafety.com/legal/privacy-policy. 4.1.1. With resoect to anv third-Darty. or subcontractor. contracted by Flock to Derform any function or obligation set forth herein, Flock shall be responsible for such third party's adherence to the standards and obligations imposed herein on Flock. 107 L 4.2. Flock Property. Except for the right to use Flock Property subject to the terms and conditions contained herein, the Agreement does not confer on Customer a license in, ownership of, or interest in Flock Property. Flock developed or acquired Flock Property exclusively at its private expense. As between the Parties, Flock Property and all right, title, and interest in and to it is and will remain the exclusive property of Flock. 5. CONFIDENTIALITY. Each Party shall exercise reasonable care to hold Confidential Information in confidence and not use it or disclose it to any other person or entity, except (a) as permitted under this Agreement or as reasonably necessary for the performance or enforcement of this Agreement; (b) as agreed in writing by the other Party; (c) for the Party's proper management and administration (provided that it obtains reasonable assurances from all recipients that they will keep the information confidential and use it only for the purpose of its disclosure; and provided further that it is responsible for all acts and omissions of any such recipient in violation of this Section 5); (d) as required by law, including any court order, subpoena, or other valid legal process, provided that receiving Party shall, to the extent permissible, give the disclosing Party reasonable prior notice of such disclosure; or (e) as requested by a government agency to address the risk of imminent harm to any person. Any violation of this Section 5 may cause the non -violating Party irreparable and immediate harm, and such Party is entitled to injunctive relief to prevent such violation. Upon termination of this Agreement, all Confidential Information will be returned to the disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof. 6. PAYMENT OF FEES 6.1. Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices thirty (30) days from the date of each such invoice. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days following the date of the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of the Flock Services until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Customer of the payment delinquency before exercising any suspension right. Customer shall direct all queries regarding billing or payment concerns to billing(a)-flocksafety.com. Flock may impose a late fee equal to the lesser of (a) 1.5%, or (b) the highest rate permitted by Applicable Law, each month on all amounts overdue beyond ten (10) days, but this charge will not waive or extend any obligation of Customer to make payments when due. 6.2. Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days' notice (email sufficient) prior to the end of the term of the applicable Order Form. Any such changes to fees shall only impact subsequent renewal terms. 7 6.3. Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amounts subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock a legally sufficient, valid tax exemption certificate authorized by the appropriate taxing authority. Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 7. TERM AND TERMINATION 7.1. Term. This Master Services Agreement will be effective from the Effective Date and will continue in full force and effect until terminated as set forth herein. The term of each Order Form will be as set forth therein. Unless otherwise indicated on the Order Form, the subscription term of the Order Form shall be tied to the first installation of Flock Hardware, as applicable. 7.2. Termination for Cause. Either Party may terminate this Agreement effective upon written notice to the other Party if (a) the other Party defaults in performance of any material provision of the Agreement and such default is not cured within (30) days following written notice describing the specific default; (b) the other Party violates Applicable Law; (c) the other Party files a voluntary petition in bankruptcy or an involuntary petition is filed against it; (d) the other Party is adjudged bankrupt; (e) a court assumes jurisdiction of the assets of the other Party under a federal reorganization act or other statute; (f) a trustee or receiver is appointed by a court for all or a substantial portion of the assets of the other Party; (g) the other Party becomes insolvent, suspends business, or ceases to conduct its business in the ordinary course; (h) the other Party makes an assignment of its assets for the benefit of its creditors; or (i) there are no active Order Forms under this Master Services Agreement. In the event Customer terminates the Agreement pursuant to Section 7.2(a), Flock will refund Customer a pro-rata portion of the pre -paid fees for the Flock Services not received prior to the date of termination. 7.3. Termination for Convenience. Customer may terminate this Agreement for convenience upon thirty (30) days' prior written notice to Flock. In the event of such termination, all fees paid to Flock prior to the effective date of termination shall be deemed earned and are non-refundable. Furthermore, any fees scheduled or invoiced for services during the applicable term period in effect as of the notice date shall remain payable in full and shall become due. Termination shall not relieve Customer of its obligation to pay any amounts that are due or committed under the terms of this Agreement. 7.4. Obligations Upon Termination. Upon termination or expiration of the Agreement or any applicable Order Form, the following shall occur: 7.4.1. Within a commercially reasonable time, not to exceed one hundred twenty (120) days, of termination or expiration of the Agreement, Flock will remove any 109 applicable Flock Hardware at Flock's sole cost and expense (provided that, in the event Flock does not remove any such Flock Hardware within one hundred and twenty (120) days of termination, Customer will be entitled to a payment from Flock in the amount of $325 per device that remains on Customer property); and 7.4.2. Upon termination of all Customer Data will be deleted within the Retention Period or within 90 days, whichever is sooner, unless such data must be retained in accordance with Applicable Law or policy (e.g., inter -agency audit log integrity or metadata held for evidentiary authentication), and Customer may login to the Web Interface for a period of no more than ten (10) days post termination in order to download Customer Data (provided that Customer understands and acknowledges that footage will continue to delete on a daily basis in accordance with the Retention Schedule; and Customer shall pay to Flock all amounts due hereunder for all Flock Services rendered through the date of termination in accordance with the terms of the Agreement. 7.5. Survival. The following Sections will survive termination: 1, 4, 5, 6, 7, 8.5, 9, and 11. 8. REPRESENTATIONS AND WARRANTIES 8.1. Manufacturer Defect. Upon a malfunction or failure of Flock Hardware (a "Defect'), Customer must notify Flock's technical support team. Flock shall conduct an inspection or test any Customer -reported Defect within seven (7) business days of notification, and Flock shall use commercially reasonable efforts to repair or replace, in Flock's sole discretion, the defective Flock Hardware at no additional cost to Customer. 8.2. Flock Representations and Warranties. Flock represents and warrants to Customer that (a) the Flock Services, when used in accordance with the Agreement and as expressly authorized by Flock, do not infringe any valid patent, registered copyright, or other registered intellectual property right under the laws of the United States, provided that Flock makes no warranty to the extent such infringement results from (i) use of the Flock Services by Customer in combination with any data, software, or equipment not provided by Flock, where such infringement would have been avoided absent such combination, or (ii) any breach of the Agreement by, or any negligent or other wrongful act or omission of, Customer or any party acting on Customer's behalf; (b) Flock's personnel will perform the Flock Services in a professional and workmanlike manner, consistent with generally accepted industry standards; and (c) Flock's personnel performing the Flock Services will be appropriately trained for their assigned roles and will perform the Flock Services in all material respects in accordance with prevailing industry standards. 8.3. Customer Representations and Warranty. Customer represents and warrants to Flock that Customer shall use the Flock Services only in compliance with the Agreement, the Permitted Purpose, and Applicable Law. 8.4. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the requisite corporate power and authority to execute and perform its obligations under the Agreement; (b) the person executing the Agreement on its behalf has the authority to bind it hereunder and that such Party's execution of the Agreement is not in violation of such Party's bylaws, certificate of incorporation, or other comparable document; (c) the execution, delivery, or performance of the Agreement will 110 E not violate or conflict with, require consent under, or result in any breach or default of (i) Applicable Law, or (ii) any covenants or agreements by which such Party or any of its assets are bound; and (d) each Party will comply with Applicable Law. 8.5. Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE FLOCK SERVICES ARE PROVIDED "AS IS," AND FLOCK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO ANY SERVICE OR ITEM PROVIDED HEREUNDER. THIS SECTION 8.5 APPLIES TO THE EXTENT PERMITTED BY LAW. 8.6. Insurance. Flock will maintain the insurance policies set forth on Exhibit A attached hereto. 9. LIMITATION OF LIABILITY; INDEMNITY. 9.1. EXCEPT WITH RESPECT TO FEES AND OTHER CHARGES PROPERLY DUE AND PAYABLE BY CUSTOMER TO FLOCK, EACH PARTY'S CUMULATIVE, AGGREGATE LIABILITY IN CONNECTION WITH, OR ARISING IN ANY WAY OR IN ANY DEGREE FROM, THE AGREEMENT, FROM THE FLOCK SERVICES, OR OTHERWISE FROM THE ACTS OR OMISSIONS OF EITHER PARTY WILL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO FLOCK IN THE TWELVE (12) MONTHS BEFORE SUCH CLAIM AROSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES; ADDITIONAL OVERHEAD AND PAYROLL; LOST PROFITS OR BUSINESS OPPORTUNITIES; LOSS OF DATA; OR THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES. THIS SECTION 9 APPLIES TO THE EXTENT PERMITTED BY LAW. The Parties hereby acknowledge that the remedies set forth above are reasonable and will not fail of their essential purpose. 9.2. Flock shall indemnify and hold harmless Customer, its appointed and elected officials, officers, agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; (ii) any damage or injury to property or person directly caused by Flock's installation of Flock Hardware, except to the extent such damage or injury was caused by the negligence of the Customer or its agents, appointed and elected officials, officers or employees, and (iii) any breach of Customer Data or violation of Applicable Law. Flock's performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months; provided that the foregoing cap on liability shall not apply to indemnification due to Section 9.2(iii) above. 111 10 10. FLOCK HARDWARE (APPLICABLE ONLY WHERE CUSTOMER HAS LICENSED FLOCK HARDWARE) 10.1. Flock Hardware. Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust, or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and Flock shall be entitled to terminate the Agreement in accordance with Section 7.2(a). Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may immediately cut off access to the Web Interface and remove Flock Hardware at Flock's discretion. Such actions, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Customer's default, and Flock shall have the right to enforce any other legal remedy or right. 10.2. Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan associated with each Order Form (each, a "Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location and will provide alternative options to Customer. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including relocating, re -positioning, adjusting of the mounting, removing foliage, replacement, and/or changes to heights of poles will incur a fee as set forth in the Reinstall Fee Schedule. Customer will receive prior notice and confirm approval of any such fees. 10.3. Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation. 10.4. Replacements In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee as set forth in the Reinstall Fee Schedule. In the event Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to the Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware. 10.5. Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under the Agreement, Flock shall have the right to cease work immediately. 112 11 11. MISCELLANEOUS 11.1. Severability. If any provision of the Agreement is found to be illegal, unenforceable, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect. 11.2. Assignment. Neither Party may assign the Agreement or any right under the Agreement, in each case by operation of law or otherwise, except as otherwise permitted hereunder without the prior written consent of the other Party, and any attempt to assign the Agreement or any right under the Agreement in breach of the provisions of this Section 11.2 shall be null and void. The foregoing notwithstanding, either Party may assign the Agreement upon written notice to the other Party in connection with (a) any reorganization, conversion, consolidation or merger of such Party, (b) any transaction resulting in the holders (together with their affiliates) of a majority of the voting securities, membership interest or right to appoint a majority of the members of the board of directors or similar governing body of such Party as of immediately prior to such transaction, holding less than such a majority as of immediately after such transaction, or (c) any sale, transfer or exclusive license of all or a majority of the assets of such Party that are pertinent to the Agreement or, in each case of (a) through (c) whether consummated in one transaction or a series of related transactions. For the avoidance of doubt, the assigning Party and the assignee will remain liable jointly and severally for any unperformed obligations under the Agreement or any breach hereof arising prior to the effective date of any assignment of the Agreement. The Agreement is binding on the Parties and their successors and permitted assigns. 11.3. Entire Agreement. The Agreement constitutes the entire agreement between the Parties relating to the Flock Services and supersedes all prior agreements, understandings, and representations relating to the Flock Services. No waiver or modification to the Agreement will be effective or binding unless signed by Customer and a duly authorized representative of Flock, except as otherwise provided herein. None of Customer's purchase orders, authorizations or similar documents will alter the terms of the Agreement or be binding upon Flock, and any such terms are expressly rejected. Any mutually agreed purchase order is subject to the terms of the Agreement. Customer agrees that Customer's purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature. 11.4. Relationship. The Parties intend that nothing contained in the Agreement be construed to create an agency, partnership, joint venture, employment, or like relationship between the Parties, and their relationship is and will remain that of independent Parties to a contractual service relationship. Neither Party will be liable for the debts or obligations of the other Party. 11.5. Governing Law; Dispute Resolution. The Agreement, and any controversy or claim arising out of or relating to the Agreement (each, a "Dispute") shall be governed exclusively by, and construed and enforced in accordance with, the laws of the State of Washington, without regard to its conflicts of laws principles. If any Dispute cannot be settled through direct discussions, the Parties agree to endeavor first to settle such 113 12 Dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to litigation. The Federal District Court in the State of Washinaton will be the exclusive venue for anv resolution of an, Dispute. If the Federal District Court in the State of Washington does not have subject matter jurisdiction, Washington state courts shall be the exclusive venue for any resolution of any Dispute. The Parties hereby submit to and consent irrevocably to the jurisdiction of such court for these purposes. 11.6. Publicity. Flock will obtain Customer's consent before using Customer's name or logo in a manner signifying an endorsement of Flock by Customer; provided, however that Flock may refer to Customer as a current customer without first obtaining Customer's consent. 11.7. Feedback. Any Feedback: (a) is given to Flock without claim of intellectual property right by Customer, (b) by its receipt grants Flock a royalty free, worldwide, transferable, sub -licensable, irrevocable, perpetual license to commercialize, use, and incorporate such Feedback into its software, services, or systems, or use as it otherwise deems necessary or desirable in its business, and (c) will not enable Customer to claim any interest in or ownership of Flock Property. 11.8. Export. Customer may not remove or export from the United States or expressly allow the export or re-export of Flock Property or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Flock Services, Flock Hardware, and documentation are "commercial items" according to the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment, or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of the Agreement and will be prohibited except to the extent expressly permitted by the terms of the Agreement. 11.9. Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 11.10. Conflict. To the extent of a conflict between the Agreement and any applicable statement of work or mutually -agreed purchase order, the Agreement controls unless explicitly stated otherwise. From time to time, Flock may offer certain special terms applicable to the Order Form in which they are included ("Special Terms"). To the extent that any terms of this Master Services Agreement are inconsistent or conflict with the Special Terms set forth in any Order Form, the Special Terms shall control. 114 13 11.11. Notices. All notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form. 11.12. Non -Appropriation. All obligations of the Customer under the Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, if funds are not appropriated for a future fiscal year, Customer shall have the right to terminate the Agreement for non - appropriation at the end of the applicable fiscal year upon thirty (30) days' written notice to Flock. Customer shall remain responsible for all amounts incurred prior to termination, and non -appropriation shall not be based on discretionary budget decisions or operate as a termination for convenience right. 11.13. Construction. When used in the Agreement, "including" means "including without limitation." 11.14. Force Majeure. 11.14.1. If a Force Majeure Event prevents a Party from complying with any one or more obligations under the Agreement, that inability to comply will not constitute breach if (a) that Party uses reasonable efforts to perform those obligations; (b) that Party's inability to perform those obligations is not due to its failure to (i) take reasonable measures to protect itself against events or circumstances of the same type as that Force Majeure Event, or (ii) develop and maintain a reasonable contingency plan to respond to events or circumstances of the same type as that Force Majeure Event; and (c) that Party complies with its obligations under Section 11.14.2. 11.14.2. During a Force Majeure Event, the noncomplying Party shall use reasonable efforts to limit damages to the other Party and to resume its performance under the Agreement. 11.15. Third Parties. Except as explicitly set forth herein, none of the provisions of the Agreement will be for the benefit of or enforceable by any third -party. 11.16. Waivers. No failure by a Party to insist upon the strict performance of any term or condition of the Agreement or to exercise any right or remedy hereunder will constitute a waiver. 11.17. Execution. In connection with the Flock Services, a copy of a signed document sent by PDF or fax will be deemed an original in the hands of the recipient. The Agreement may be executed in counterparts and exchanged by electronic means, each of which shall be deemed an original, and both of which together constitute only one agreement between the Parties. 12. Breach Notification 12.1. Flock shall maintain a data breach clan and shall implement the procedures required under such data breach plan upon the occurrence of a data breach, as may be required to enable Customer's compliance with Washington's data breach notification law codified at RCW 42.56.590. Flock shall report, in writing, to Customer any data 115 14 breach involving data maintained by Flock on behalf of the Customer including any reasonable belief that an unauthorized individual has accessed Customer Data. The report shall identify the nature of the event, a list of the affected individuals and the types of data, and the mitigation and investigation efforts of Flock. Flock shall make the report to Customer promptly upon discovery of the data breach, but in no event more than five business days after discovery of the data breach. Flock shall provide investigation updates to the Customer. 12.2. Flock shall promptly reimburse Customer in full for all costs incurred by Customer in any investigation, remediation or litigation resulting from any data breach that results from Flock's breach of this Agreement. Flock's duty to reimburse Customer includes but is not limited to, reimbursing to Customer for its cost incurred in doing the following: 12.2.1. Notification to third parties whose information may have been compromised and to regulatory bodies, law enforcement agencies or other entities as may be required by law or contract; 12.2.2. To the extent required by Applicable Law, establishing and monitoring call center(s) and credit monitoring and/or identity restoration services to assist each person impacted by a data breach of a nature that, in Customer's reasonable discretion, could lead to identity theft; and 12.2.3. Payment of legal fees and expenses, audit costs, fines and penalties, and other fees imposed upon Customer by a regulatory agency, court of law, or contracting partner as a result of the data breach that resulted from Flock's breach of the Agreement. 12.3. Upon the occurrence of a data breach, Flock is not permitted to notify affected individuals without the express written consent of Customer. Unless Flock is required by law to provide notification to third parties or the affected individuals in a particular manner, Customer shall control the time, place, and manner of such notification. Each Party is signing the Agreement on the date stated below that Party's signature. FLOCK GROUP INC By: Name: Title: Date: CUSTOMER: [ By: Name: Title: Date: 116 14 report shall identify the nature of the event, a list of the affected individuals and the types of data, and the mitigation and investigation efforts of Flock. Flock shall make the report to Customer promptly upon discovery of the data breach, but in no event more than five business days after discovery of the data breach. Flock shall provide investigation updates to the Customer. 12.2. Flock shall promptly reimburse Customer in full for all costs incurred by Customer in any investigation, remediation or litigation resulting from any data breach that results from Flock's breach of this Agreement. Flock's duty to reimburse Customer includes but is not limited to, reimbursing to Customer for its cost incurred in doing the following: 12.2.1. Notification to third parties whose information may have been compromised and to regulatory bodies, law enforcement agencies or other entities as may be required by law or contract; 12.2.2. To the extent required by Applicable Law, establishing and monitoring call center(s) and credit monitoring and/or identity restoration services to assist each person impacted by a data breach of a nature that, in Customer's reasonable discretion, could lead to identity theft; and 12.2.3. Payment of legal fees and expenses, audit costs, fines and penalties, and other fees imposed upon Customer by a regulatory agency, court of law, or contracting partner as a result of the data breach that resulted from Flock's breach of the Agreement. 12.3. Upon the occurrence of a data breach, Flock is not permitted to notify affected individuals without the express written consent of Customer. Unless Flock is required by law to provide notification to third parties or the affected individuals in a particular manner, Customer shall control the time, place, and manner of such notification. Each Party is signing the Agreement on the date stated below that Party's signature. FLOCK GROUP INC Signed by: By: 1024FAF1F68A40F_. Name: Dan Haley Title: Chief Leqal Officer CUSTOMER: WA — Tukwila PD M Name: Title: Date:5/9/2026 1 4:14 AM PDT Date: 117 EXHIBIT A INSURANCE Required Coverage. Flock shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under the Agreement and the results of that work by Flock or its agents, representatives, employees, or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than "A" and "VI I". Flock shall obtain and, during the term of the Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of the Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (a) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (b) Flock's Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate. 2. Types and Amounts Required. Flock shall maintain the following insurance coverage for the duration of the Agreement: (a) Commercial General Liability insurance written on an occurrence basis with limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, liability assumed under an insured contract, independent contractors, broad -form property damage, and product and completed operations coverage; (b) Workers Compensation insurance in accordance with statutory limits; (c) Professional Liability/Errors and Omissions insurance with limits of Five Million Dollars ($5,000,000) each claim and in the aggregate; (d) Commercial Automobile Liability insurance with a combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and (e) Cyber Liability insurance written on a per claim basis with limits of Five Million Dollars ($5,000,000). 118 City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice TO: Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: May 12, 2026 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Meeting re Boeing Access Infill Station: On April 30 the City hosted an open house at the Museum of Flight to discuss impacts from Sound Transit Enterprise Initiative on the Boeing Access Road Infill Station. • Organics Summit: Public Works staff attended the Ecology -hosted Organics Summit on April 30. The summit was a chance to collaborate, share insights, and talk about organics collection in our region with other local governments, haulers, and businesses. We discussed organics management laws and solutions to reduce, rescue, and recover organic materials. • Tukwila School District Provider Meeting: Human Services staff attended the monthly Tukwila School District Provider meeting May 5. • Sound Transit: Mayor McLeod participated in a Sound Transit Executive Committee meeting on May 7. The final of five Sound Transit sub -area town hall meetings will be held on Wednesday May 13 from 6-7:30 pm at Highline College Building 2. The meeting is an opportunity for the public to hear directly from Sound Transit staff and Board Members about the work the agency is doing to close a $34.5 billion budget gap on its long-range plan. • Joint World Cup Emergency Operations Center (EOC) Trainings: Emergency Management, in partnership with Covington, Kent, Maple Valley and SeaTac, wrapped up six months of EOC training for staff in preparation forjoint World Cup EOC activations in June and July. • Washington State Recycling Association/Washington Organics Regional Council Conference: Public Works staff attended the joint Washington State Recycling Association/Washington Organics Regional Council conference. This conference provides an opportunity to learn from experts and change -makers from all sectors of the industry — collection, processing, manufacturing, vendors, consulting, education and outreach, government, and nonprofits. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 119 City Administrator's Report May 12, 2026 Page 2 II. Community Events • Repair Event: King County Solid Waste hosted a Repair Event on April 28 at the Tukwila Community Center. More than 80 people attended the event; they worked on 93 items and were able to fix or mend 73 of them. Repaired items included: 8 lamps, baby bottle machine, ceramic camel, ceramic bird, 2 coffee machines, rice cooker, sewing machine, Keurig coffee maker, clock, dresser drawer, candle holder, vacuum/carpet cleaner, Segway, watchband, 5 shoes, vacuum cleaner, 3 fans, laptop computer, CD player, 2 dresses, t-shirt, 8 pairs of pants orjeans, shower curtain, sweater, hat, coat, pair of overalls, 2 blankets, backpack, 6 Somali dresses, 4 hijabs, 2 sheets, and a skirt. Tukwila State of the City Event: On April 29 the 2nd Annual Tukwila State of the City Event took place at Foster High School Performing Arts Center. City Departments werejoined by 23 community partners to provide information to attendees about regional programs and services. Mayor McLeod delivered a highly engaging State of the City presentation supported by the Voices of Tukwila Community Choir. View the 2026 State of the City Address here. Transportation Demand Management Events: Transportation Demand Management staff tabled at the following events: o South King County Career Showcase on April 30 to promote the South King County Trips sustainable transportation rewards program and distribute ORCA cards. o The King County Metro Neighborhood Pop-up at Tukwila Library on May 4 to promote the South King County Trips sustainable transportation rewards program and distribute ORCA cards. o Presented to Tukwila Teen Council on May 5 about what we do and the transportation resources available to community members. o The Seattle Southside Morning Mix & Mingle on May 7 to promote free $25 ORCA cards for employers to help mitigate traffic impacts of the World Cup. Employers can request ORCA cards at www.skctrips.com/25-orca. • Parks & Recreation World Cup Events: Parks & Recreation kicked off its World Cup events with the Tuk Cup soccer tournament on May 2 at the Foster High School Athletic Field. The event was open to all elementary students in the Tukwila School District. The day was filled with games, prizes, giveaways, and nonstop fun.120 students registered for the event. The Department's second World Cup Event will be a Youth FIFA Esports Tournament. The event will be held at the Tukwila Community Center on May 13 from 1:30 p.m. - 5 p.m. and feature 1v1 matchups. The grand prize winner will take home a Sony PlayStation. • Urban Plan Presentations: Economic development staff participated in the Urban Plan student presentations at Foster High on May 8. • Pride Flag Raising: The LGBTQ+ Pride Flag will be raised on June 1 at City Hall, The Justice Center, and the Tukwila Community Center. • Juneteenth Commemoration: The 6th Annual Juneteenth Commemoration will be June 19 from llam-1:30pm in the Sullivan Center Plaza. The Keynote speaker will be Reverend Dr. Leslie Braxton. • World Refugee Day: World Refugee Day will be celebrated on June 20 from 12-5pm at Foster High School. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 120 City Administrator's Report May 12, 2026 Page 3 III. Staff Updates Public Safety Meeting with Greater Seattle Korean Association (GSKA): Interim Chief Eric Lund met with the chair of Greater Seattle Korean Association on May 6. GSKA is a non-profit organization based in Tukwila. The meeting was an opportunity for the organization to share some background about GSKA and the services they provide to the community. Project Updates • Human Services 2027 -2028 Applications: Staff pre-screened 107 applications requesting Human Services funding in the 2027-28 budget. The applications will be reviewed by the Human Services Advisory Board who will make recommendations to City Council. • The People's Project Ballot: The People's Project ballot was launched at the State of the City event. Community members can spend their `TukBucks'to vote for community improvement proposals through May 31. For details go to www.tukwilawa.gov/ThePeopiesProject. • Public Art Program: As a part of the World Cup, the Public Art Program is in the installation stage of a number of art projects at Tukwila Village and Baker Boulevard - both will be sites of watch parties. The art is an element to create festive zones where community connections can be made. Visit this Google Map to view the progress of the installations: World Cup Art Walk. • Improvements at Crestview Park: The parking lot was restriped, redwood trees were pruned, site spraying for weeds and irrigation checks were done, as well as ballfield grooming. • Tukwila Community Center (TCC) Spray Park: The Spray Park at TCC is getting ready for its Memorial Day opening and saw the installation of new sunshades to make the park more enjoyable for visitors on hot summer days. • Rain Garden Partnership: Public Works staff is beginning a rain garden effort with Foster High School to solve a drainage problem near their garden, starting a "Stream Team" effort, and addressing their Bus Washing needs. • Southgate Creek Sewer Investigation: Southgate Creek sewer investigation concludes that there is no illicit connection (sewer to surface waters) in the basin. Past bacteria complaints can be fully attributed to beaver activity. • 65th and Southcenter Traffic Signal Project: The bus shelter foundation has been poured. Work on this project phase is expected to be completed by June 15. • Adopt -a -Road Program: The City's new Adopt -a -Road program was launched and is now on the City of Tukwila website. • Stormwater Outreach Campaign: Public Works staff have found several residential properties discharging non-stormwater into the stormwater system typical of "spring cleaning" and are beginning an outreach campaign in affected neighborhoods using printed door hangers. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 121 City Administrator's Report May 12, 2026 Page 4 Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for May 20, 2026. 2 Resident position terms expire March 31, 2027. VACANT: 1 Resident Position. • Civil Service Commission: The next meeting is scheduled for May 21, 2026. No vacancies. • COPCAB: The next meeting is scheduled for May 14, 2026. 1 business/resident position term expires March 31, 2027. 1 resident position term expires March 31, 2027. 1 school district position expires March 31, 2027. VACANT: 1 Business position and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for June 4, 2026. 1 City Employee position term expires March 31, 2027. 1 Education/Community position terms expire March 31, 2027. 2 Community position terms expire March 31, 2027. VACANT: 1 Community position. • Human Services Advisory Board: The next meeting is scheduled for May 21, 2026. 1 Resident position term expires March 31, 2027. 1 Business/Resident position term expires March 31, 2027. No vacancies. • Library Advisory Board: The next meeting is scheduled for June 2, 2026. 4 Resident position terms expire March 31, 2027. VACANT: Student Representative. • Lodging Tax Advisory Committee: The next meeting is in the process of being scheduled. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative & 1 Business Funded by Tax Representative. • Park Commission: The next meeting is scheduled for May 13, 2026. 2 Community position terms expire March 31, 2027. VACANT: Student Representative. • Planning Commission: The next meeting is scheduled for May 28, 2026. 3 Resident positions expire March 31, 2027. No vacancies. IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response March & April Several inquiries have been made Staff will be returning to Council in July with Council about aspects of the Moratorium on additional information addressing these meetings Applications for Correctional inquiries. Institutions and Detention Facilities. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 122 City Administrator's Report May 12, 2026 Page 5 March 2, 2026 Public comment was made about In late April, Public Works developed a multi - roadside garbage being problematic prong approach to improving the City's and discouraging. response to litter, including a Public Works Department All -Hands Litter Work Party on March 18; a contract for litter pickup in and around Highway interchanges in May &June. The first of three rounds of ramp litter pick-up was completed on May 8. Also noted at State of the City event, Adopt -a - Road was re -launched at the end of April, and a Roadside Litter Fact Sheet is being developed focused on litter awareness for web and social media distribution in 5 different languages. March 23, 2026 Councilmember Kru tier asked about There are no projects for S 141s' Street in the the student walkway on S. 141s' current Capital Improvement Plan. Street between TIB and 42nd Ave - between former Knight's Inn and mobile home park. She indicated the street is narrow and very muddy, causing students to walk in the middle and asked if there is a solution. May 4, 2026 Public comment was made about Facilities tested the hot water in the TCC the women's locker room water showers, and it was confirmed to be within the temperature at the Tukwila acceptable range of 100-120OF per WAC 246- Community Center (TCC). 366-060. The team has adjusted the temperature to 105°F which is the low end of the range and will continue monitoring to ensure it doesn't drop below the acceptable range. The ADA Accessible Stall Women's Shower was reported out of service on May 4 and requires replacement of both the mixing valve and the showerhead piping. Repairs are in progress and should be completed soon. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 123