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HomeMy WebLinkAboutFS 2012-11-20 COMPLETE AGENDA PACKET City of Tukwila Distribution: D. Quinn D. Robertson K. Kruller V. Seal K. Hougardy Mayor Haggerton De’Sean Quinn, Chair D. Cline P. McCarthy Dennis Robertson C. O’Flaherty Kate Kruller S. Kerslake K. Matej J. Pace J. Trantina AGENDA T,N20,2012–5:15 UESDAYOVEMBER PM CR#3(at east entrance of City Hall) ONFERENCE OOM ItemRecommended ActionPage 1.PRESENTATION(S) 2.BUSINESS AGENDA a.A contract with Kenyon Disend for City Attorney services. a.Forward to 11/26 C.O.W. Pg.1 and 12/3 Regular Mtg. b.A contract with Kirschenbaum & Goss for public defender b.Forward to 11/26 C.O.W. Pg.11 services. and 12/3 Regular Mtg. c.A contract with Kirschenbaum & Goss for video public c.Forward to 12/3 Consent Pg.19 defense services. Agenda. d.A contract with Ball Janik for legislative services. d.Forward to 12/3 Consent Pg.27 Agenda. e.Department of Community Development updates: e.Information only. Pg.37 (1)Shoreline Master Program Pg.39 (2)Link Light Rail Station 3.ANNOUNCEMENTS 4.MISCELLANEOUS Next Scheduled Meeting: The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk’s Office at 206-433-1800or (TukwilaCityClerk@TukwilaWA.gov)for assistance. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: David Cline BY: Joyce Trantina DATE: November 9, 2012 SUBJECT: Contract for City Attorney Services ISSUE The current contract for City Attorney services provided by Kenyon Disend expires December 31, 2012. Attached is a proposed contract for 2013 -2014. BACKGROUND The City of Tukwila contracts for legal services summarized as follows: General City Attorney services; Prosecution services; Litigation and contested administrative proceedings; Paralegal services; and "Special services" (services not otherwise specified). DISCUSSION Under the current and proposed contracts, general City Attorney services are provided at a flat monthly rate. Litigation, contested administrative proceedings and "special services" are subject to prior approval and are billed at the hourly rates of contractor staff involved. Contractor's hourly rates are attached to the proposed 2013 -2014 contract. The 2011 -2012 flat rate for City Attorney services for general City Attorney and Prosecution services was $35,500.00. The 2013 -2014 proposal increases the flat rate to $37,105.00. This reflects an overall increase of 4.6 RECOMMENDATION It is recommended that this contract be forwarded to the November 26, 2012 Committee of the Whole and the December 3, 2012 Regular Meeting for approval. ATTACHMENTS Draft Contract for City Attorney Services, 2013 -2014 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KENYON DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in Issaquah, Washington. WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Independent Contractor Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits 3 accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 11. Entire Agreement This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. 12. Notices Notices to the City of Tukwila shall be sent to the following address: KenyonDisendTukwila 2013 2014 Contract.doc -2- 0 City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law; Venue; Attorney's Fees This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 2012. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC By: Mayor Jim Haggerton Title: ATTEST /AUTHENTICATED: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392 -7090 Christy O'Flaherty, City Clerk KenyonDisenffukwila 2013 2014 Contract.doc -3- 5 EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office consisting of one city attorney and one assistant city attorney /prosecutor. In particular, Contractor agrees to: 1. Provide general city attorney services, which include but are not limited to: A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee of the Whole, Committee meetings, and meetings of City Boards and Commissions, upon request; C. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials as requested; D. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; I. Provision of cellular telephones to all attorneys employed by Contractor, and a list of such telephone numbers to the City; and J. Comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall. KenyonDisenffukwila 2013 2014 Contractdoc A 2. Provide city prosecution services, which include but are not limited to: K. Review, determine filing decision, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes, and represent the City on all contested traffic hearings; L. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; M. File and defend appeals of municipal court decisions; and N. Such other city prosecution matters as are assigned. 3. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: O. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 4. Provide Special Services, which include but are not limited to: P. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 5. Provide paralegal services, which include but are not limited to: Q. General paralegal support for the City Attorney and for the prosecuting attorney equivalent to one FTE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. KenyonDisenffukwila 2013 2014 Contract.doc -5- 7 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2013, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $37,105.00, plus extraordinary expenses. For 2014, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $37,105.00, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long- distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, (c) all criminal appeals collectively filed by or against the City, (d) all significant projects which require specialized knowledge and hours expended outside of the regular office hours for that attorney; and (e) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 2013 and 2014. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2013 and 2014. A copy of Contractor's hourly rates for 2013 is attached hereto. Rates for 2014 shall be provided to the City by October 1, 2013. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. KenyonDisendTukwila 2013 2014 Contract doc i KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 2013 ATTORNEYS: Partners and Senior Attorneys: Michael R. Kenyon $270.00 Bruce L. Disend $270.00 Shelley M. Kerslake $240.00 Chris D. Bacha $235.00 Bob C. Sterbank $235.00 Margaret J. King $230.00 Kari L. Sand $220.00 Associate Attorneys Rachel B. Turpin $150.00 Ann Marie Soto $145.00 PARALEGALS: Margaret C. Starkey $110.00 Sheryl A. Loewen $100.00 Pam M. Odegard 95.00 Mary A. Swan 95.00 Terry T. Curran 95.00 Kathy I. Swoyer 95.00 KenyonDisenffukwila 2013 2014 Contract.doc -7- r.1 10 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: David Cline BY: Joyce Trantina DATE: November 9, 2012 SUBJECT: Contract for Public Defender Services 1341 LM The current contract for public defender services provided by Kirshenbaum Goss expires December 31, 2012. Attached is a proposed contract for 2013 -2014. BACKGROUND The City of Tukwila (Tukwila Municipal Court) contracts for public defender services including representation for indigent criminal defendants who qualify for appointment counsel. These services include: screening, 24 -hour telephone access, and associated counsel when appropriate. DISCUSSION Under the current and proposed contracts, public defender services are provided at a flat monthly rate. This rate pertains to a caseload of 120 cases per month. When the caseload exceeds 120, a per -case rate is applied. The Washington State Supreme Court recently adopted changes in the way public defense lawyers operate by enacting a court rule specifically designed to restrict the amount of public defense cases they handle by limiting the amount of private defense work they are allowed t do. This new enactment has changed the contract public defense model from a cost per case to a full time legal equivalent model. Next fall, lawyers will be limited to 300 public defense weighted cases per year and lawyers who carry that caseload are not technically allowed to take private cases. The 2011 -2012 flat rate for public defender services was $10,315.80 and the per -case rate for cases over 120 was $85.00 per case. Staff is recommending an increase in the 2013 -2014 flat rate to $12,000 per month, and a case rate to $100 each for cases over 120. 11 INFORMATIONAL MEMO Page 2 RECOMMENDATION It is recommended that this contract be forwarded to the November 26, 2012 Committee of the Whole and the December 3, 2012 Regular Meeting for approval. ATTACHMENTS Draft Contract for Public Defender Services, 2013 -2014 W:\Contracts\lnfoMemoTemplate-CouncilKirschenbaum20l2.doc 12 900 City Of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirschenbaum Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall certify compliance with the standards required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached hereto as Exhibit C and shall be filed quarterly with the Tukwila Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Pam The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit C attached hereto and incorporated herein by this reference. 3. Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated pursuant to paragraph 8 of this Agreement. 13 5. Independent Contractor Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 11. Entire Agreement This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Kirsche nbaum20I 3- 2014PD- -FINAL. doc -2- IC. agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. 12. Notices Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law; Venue; Attorney's Fees This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 14. Severability and Survival If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. DATED this day of CITY OF TUKWILA Mayor Jim Haggerton Attest/Authenticated: Christy O'Flaherty, City Clerk Kirschenbaum2013- 2014PD-- FINAL. doc 2012. CONTRACTOR: Kirschenbaum Goss, Inc. By: Title: Approved as to Form: Office of the City Attorney -3- 15 EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office. In particular, Contractor agrees to: A. Provide legal representation for all indigent criminal defendants charged under ordinances of the City who qualify for appointment counsel and are screened upon or after January 1, 2013. The Contractor shall provide legal representation for each of these defendants from time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. B. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Contractor determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney /client privilege, the Contractor shall so advice the City to reconsider the screening of that particular individual. C. The Contractor shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24 -hours each day for "critical stage" advice to the defendants during the course of police investigations and/or arrest for misdemeanor violations of City Ordinances. D. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for herein and the Contractor may employ associate counsel to assist him/her at the Contractor's expense. The contractor and all associates or attorneys hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. Kirschenbaum2013- 2014PD -F INAL. doc M 16 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2013, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $12,000. This flat rate shall pertain to a caseload of 120 per month. In those months where the caseload exceeds 120, the Contractor shall be compensated at a rate of $100.00 per case. Any adjustments in the rate for the following year shall be made upon mutual written agreement by both parties, prior to the end of the current year. 2. The Contractor shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 2013 and by the 20` day of each and every month thereafter. Kirschenbaum2013- 2014PD FINAL. doe -5- 17 EXHIBIT C CERTIFICATION OF COUNSEL IN THE MUNICIPAL COURT FOR THE CITY OF TUKWILA STATE OF WASHINGTON FOR KING COUNTY CITY OF TUKWILA, Plaintiff, vs. Defendant. CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 /CrRLJ 3.1 /JuCR 9.2 1. Approximately of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigation services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective September 1, 2013: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] Defendant's Lawyer, WSBA No. Kirschenbaum2013- 2014PD-- FINAL. doc l� Date i City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: David Cline BY: Joyce Trantina DATE: November 9, 2012 SUBJECT: Contract for Video Public Defense Services ISSUE The current contract for video public defender services provided by Kirshenbaum Goss expires December 31, 2012. Attached is a proposed contract for 2013 -2014. BACKGROUND The City of Tukwila (Tukwila Municipal Court) contracts for video public defender services including: Daily video court public defense services to defendants who are detained at the SCORE Jail and qualify for public defense services. DISCUSSION Under the current and proposed contracts, public defender services are provided at a flat monthly rate. The 2011/2012 rate for these services is $1,800 per month. Staff is recommending an increase of 5 or $1,890 per month for the 2013 -2014 contract. RECOMMENDATION It is recommended that this contract be forwarded to the December 3, 2012 Regular Meeting Consent Agenda for approval. ATTACHMENTS Draft Contract for Video Public Defender Services, 2013 -2014 19 20 �J,�YJILA �4 s 1 1908 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirschenbaum Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall certify compliance with the standards required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached hereto as Exhibit C and shall be filed quarterly with the Tukwila Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Payment The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated pursuant to paragraph 8 of this Agreement. 21 5. Independent Contractor Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 11. Entire Agreement This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the KirschenbaumVideo2013 -2014 FINAL.doc -2- 22 agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. 12. Notices Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law; Venue; Attorney's Fees This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 14. Severability and Survival If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. DATED this day of 2012. CITY OF TUKWILA CONTRACTOR: Kirschenbaum Goss, Inc. By: Mayor Jim Haggerton Title: Attest/Authenticated: Approved as to Form: Christy O'Flaherty, City Clerk KirschenbaumVideo2013 -2014 FUVAL.doc Office of the City Attorney -3- 23 EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office. In particular, Contractor agrees to: A. Provide daily video court public defense services to defendants charged under ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. KirschenbaumVideo2013 -2014 FW AL.doc M 24 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT 1. For 2013 -2014, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $1,890.00. 2. The Contractor shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 2013 and by the 20 day of each and every month thereafter. Payment by the City for the services will only be made after the services have been performed and an invoice has been submitted in a form acceptable to the City. KirschenbaumVideo2013 -2014 FINAL.doc -5- 25 EXHIBIT C CERTIFICATION OF COUNSEL IN THE MUNICIPAL COURT FOR THE CITY OF TUKWILA STATE OF WASHINGTON FOR KING COUNTY CITY OF TUKWILA, Plaintiff, vs. Defendant. CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 /CrRLJ 3.1 /JuCR 9.2 1. Approximately of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigation services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective September 1, 2013: I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] Defendant's Lawyer, WSBA No. KirschenbaumVideo2013 -2014 FINAL.doc Date 26 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Finance Safety Committee Members FROM: Kimberly Matej, Government Relations DATE: November 13, 2012 SUBJECT: Renewal of Contract for Legislative Services ISSUE The current contract for federal representation and legislative services provided by Ball Janik, LLP for the City is set to expire on December 31, 2012. Staff is seeking Council approval to enter into a contract for services with Ball Janik, LLP which will be valid from January 1, 2013, through December 31, 2014. BACKGROUND The City has contracted with Ball Janik for federal representation and legislative services for a number of years. For each contract period, the City and Ball Janik have worked together to formulate a Scope of Work and Specific Services that outlines key projects and measures that may be worked on during the contract duration. In general, those services include: monitoring federal policy legislation; informing City officials of issues that may advance or hinder Tukwila goals; providing guidance and assistance to the City regarding opportunities to secure federal funding; providing City staff and elected leaders with advice and perspective regarding funding opportunities; and identifying key officials and contacts for City staff. As with the current contract, the draft contract provides these services at a monthly flat rate. The 2011 -2012 monthly flat rate for Ball Janik was $5,833 ($70,000 annually), including expenses. This was a 39% reduction from the 2010 monthly flat rate which was $9,568 plus expenses not to exceed $1,000 per month. This significant reduction in contract cost was at the request of the City and due to budgetary reductions implemented City -wide. DISCUSSION The contract language remains the same as the current contract with the exception of updates made to the City's standard contract for services, which includes additional indemnification and insurance clauses. The draft contract provides for a 2013 -2014 flat monthly rate of $6,000, plus expenses not to exceed $3,600 annually (contract not to exceed $75,600 per year). The 2013- 2014 flat rate reflects an approximate 8% increase from the 2011 -2012 annual contract cost which is considered to be fair and reasonable. RECOMMENDATION Staff recommends Committee approval of the attached draft contract and Scope of Work and Specific Services to be forwarded to the December 3, 2012, Regular Meeting Consent Agenda for full Council approval. ATTACHMENTS Draft 2013 -2014 Contract for Services with Ball Janik LLP. 27 w City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City," and Ball Janik LLP, hereinafter referred to as "the Contractor," whose Washington D.C. office is located at 655 15 Street, NW Suite 225, Washington, D.C. 20005. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereto agree as follows: 1. those services described on Exhibit A attac fully set forth. In performing such services, the State, and local statutes, rules an dinance a; handling of any funds used conne on t re written approval from the ity if the sco e or t 2. Compensation and P according to 'he rate reference. T to 1 expenses not exc c 3. Contractor Bud t. maximum limits s t f City whenever the r 4. Duration of Agreem� January 1, 2013, and hereinafter specified. be paid the parties ied Ay Contra ic/�`�e Cony shall perform reto a d in orated h� `li ein this reference as if ntract r sh ll at 1 time co ly with all Federal, li ble t the erfo mance f s h se q rvices and the ith. The Contracto shall ue t and obtain prior le i to b mo d in any ay. t hal a the Contractor f rvices rendered )it attach d eret and incorporated herein by this exceed $6,0 er onth ($72,000 annually), plus .taiq,60 ally). ply nds received under this Agreement within the e Contractor shall request prior approval from the its budget in any way. F Agreement shall be in full force and effect for a period commencing ng December 31, 2014, unless sooner terminated under the provisions 5. Independent Contractor Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 4 29 6. Indemnification The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance The Contractor shall procure and maintain for the duration of greement, insurance against claims for injuries to persons or damage to property which arise om or in connection with the performance of the work hereunder by the Contr r, their age ts, representatives, employees or subcontractors. Contractor's maintenance of ra its scop coverage and limits as required herein shall not be construed to limit th iability th ont actor to the coverage provided by such insurance, or otherwise limit t City' recour any re ed available at law or in equity. A. Minimum Scope of Insura ntract r shall btai insurance f the t es nd with the limits described below: 1. Auto e Li a 'lit insu anc wi a ini c mb'ned ingle limit r b ily injury and prop y damage o ,00 0 pe acci en uto o He 1 bility insura a shall cover all ow ne no ed, .r and leas vehi les. Coverag s 11 b written on Insurance Services Office SO) for CA 0 01 su tit to for ovi ivalent liability coverage. If necessar the oli sh 11 a 4�sed t ovi cont al liability coverage. 2. Commercia Ge ral Lia ilit insqran'hv_wiff limits no less than $1,000,000 each occurrence, $2,000,000 ner ggre ate nd 2,000,000 products completed operations aggregate limit. Commercial eneral Lia ility insurance shall be written on ISO occurrence form CG 00 01 and shall cover iabi1 arising from premises, operations, independent contractors, products completed opera ions, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 30 CA Revised 2012 Page 2 of 4 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole coverage and limits required, if any, to be obtained be made in accordance with reasonable and prudent I F. Notice of Cancellation. The Contractor work with written notice of any policy such notice. 11 G. Failure to Maintain Ilivranc e. Fai re o� required sh on Mute m eri bre ch c business ays notice th Co tra or t coy at its dis etion, rocu re suc in therewith, ith ny ums o expended be of the City, ffse against n s duke 8. Record ibiK for deter ning the insurance -o�t actors, w determination shall the t ty and all AVdit�nal Insureds for this Kithi usines da of their receipt of t f th Co actor to mai ta the insurance as pct, P wh ch the City ay, ter giving five ,�brea h, m diately termi a he contract or, and p ny d all premiums in connection to the C v n d mand, or at the sole discretion A. The Contractor hall mWntai ac oun an including personnel, property, financial and programmatic re ords which uffi i y and properly reflect all direct and indirect costs of any nature expended d servic performed in the performance of this Agreement and other such records as may be eme ecessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 4 31 12. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices Notices to the City of Tukwila shall be sent to the following a ess: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sen to t add ss rov' d by e ontractor upon the signature line below. 16. Applicable Law ttorne 's es. his gre e sha e governe by nd construed in accordance w' the s f th St e o Wa hin t n. t e e nt any suit, rbit tion, or other proceeding 's instituted t en orce an ter of t is em e t, e p ies specific understand and agree that ve ue s e pr ly laid in ing unty, Washi t n. he prevailing party in any such action shall be enti ed t its tt ney's fees d c sts of DATED this CITY OF TUKWILA Mayor Attest/Authenticated: City Clerk CA Revised 2012 32 20 CONTRACTOR Printed Name and Title: Address: BALL JANIK, LLP Hal Hiemstra 655 15 Street, NW Suite 225 Washington, D.C. 20005 Approved as to Form: Office of the City Attorney Page 4 of 4 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scope of Work Ball Janik LLP will provide federal representation and lobbying services for the City of Tukwila related to securing federal authorization and funding for key projects identified by the City and /or advising the City about matters associated with implementation of federal statutes, rules or regulations that could adversely affect the city's ability to deliver services to its residents. Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City and to take advantage of new programs initiated by the Obama Administration. Ball Janik's work on behalf of the City in 2013 will primarily be focused on representing the City's interests on the following initiatives: 1) The implementation of MAP 21 and federal transportatio ndi g and rulemakings associated with same; 2) Closely monitor federal tax proposals and e re t reforms ch will be developed by Congress in response to t current d cr' 's, k pp City officials informed about policy proposal hich uld s safety n t ex enses from the federal government to local over ent, d s are City resp nse with the Washington Congre sional d legatio 3) Monitor fed grant ding op rtu 'ties at align 'th city rio 'ties, informing e city about ese pp uni 'es a d th eadlines as o a ed with m, d a ist e 'ty i app in r th se nd 4) Represen th Cit 's i tere is in er s the F i termodal rail in Tu a an rki g with ong essional me a s, th Surface Transportation Bo d a d of e agencies w' in t e Admi 'stra 'o k p them informed about eve op nts ma adv se to t e Cit 's rests; responses to same; 5) oni r p sib ong s 'onal on n a supplemental /appropriations e erge cy ill t d 1 w th t e im of the superstorm "Sandy this I lati c uld nd p a dres Ing broader disaster aid statutes, FEMA planning and sistance, w ter and levee issues, Water Resources and Development Act le islation, c. and, monitor such legislation for any possible assistance regard i ward Hanson dam, flood preparation, and other impacts; 6) Advocate for one annual appropriation request should Congress lift its current moratorium on earmarking. Ball Janik's work will primarily be focused on the interests outlined above, but in terms of overall federal policy, Ball Janik will continue to generally monitor legislation being considered by Congress and will inform City officials about legislative proposals that will either advance or hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general monitoring will be possible Congressional action governing telecommunications and local control over franchising, environmental, energy conservation, affordable housing, emergency responders, water policy bills, and general authorizations that would affect the work of the U.S. 33 Army Corps of Engineers, the Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security. In terms of policy issues associated with MAP 21 implementation, rules and regulations implementing policy changes that were included in the new law are now being developed by USDOT. As such, Ball Janik will continue to monitor proposed USDOT guidance and rulemakings associated with the implementation of MAP 21 and keep City officials informed about proposals which will affect the City's ability to advance or fund its overall transportation priorities. In addition, because MAP 21 is only a two year authorization, discussions about the content and shape of the next transportation authorization bill are likely to begin next year; Ball Janik will monitor those discussions, keep City officials informed about their content, and when appropriate, advocate with members of the Washington Congressional delegation for policy positions which will benefit the City. In terms of water policy legislation, efforts will be undertaken in the 113th new Water Resources Development Act (WRDA). Ball Janik will repro this debate and assist the City in advancing a specific funding strengthen the Green River levees or advance other Green seeking In response to the recent devastating impacts a ciate with possible that Congress will consider a suppl men 1 app Nry ri authorization bill that could increas- the abi 'ty of t e A 1 various future flood prc for legislative language Green River VAIe On matters would help S�nd ederal all J ress to pass a City's interest in uds to inane Sa dy, %ew is also quite ons bill and r o ngine rs a ility to fund those e orts cl sely nd advocate loo at could kesuA in the Ball Janik i co inue to monitor the current and brepa e to vance one priority funding reques oft e Cl Janik would be re-, ed t past, candidate p ject ha the construction o a ne t Win the next Congress. Ball is identified by the City. In the mmu Connections Project seeking funding for lin ing the Tukwila Urban Center to the commuter rail station; resourc related projects Ia,�ding the Green Duwamish restoration project; library needs; projects assoc ted wit ommuter rail, commercial and/or housing development at Southcenter and Tuk 1 age; human resources and safety net funding issues; emergency responder; land acquisition; community or commercial development related projects; and emergency flood preparation. Projects and priorities can be re- evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will meet with City officials in late 2012 or early 2013 to identify the City's primary federal agenda and priority appropriation request. 2. Specific Services Ball Janik LLP will be responsible, at a minimum for the following: Inform the City of key timelines for proposed actions 34 Identify federal rule, policies, and laws that support the City's goals, Identify key officials and contacts that the City needs to meet with and the best time to make such contacts Brief all appropriate congressional and federal officials about Tukwila's priorities identified in the above Scope of Work Advise City of key dates in the congressional and administrative calendar that impact its goals Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation If appropriate (as a result of a lifting of the current earmark moratorium), prepare project funding requests, and review briefing materials prepared by the City When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark -ups and House /Senate conferences on legislation Attend and report on Congressional hearings of import Advise City of new regulations, programs, or proposed slation that re to to those areas of focus outlined in the above Scope of W Specifically monitor, analyze, report on, and in e recom ti s f initiatives and project requests for major reauthori on f legi ati and the an al a propriations bills Continue to work wit a 'se the Cit ab ut st tegies ass ciated ith e BNSF intermodal rail ya and federal olici s a cti its perat' Obtain a men for i offi ials n a hin on, C. develop sch dule acc pany City ffi ials o eti gs, a d o 'de ie 'ng aterials for t ficials for 35 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $6,000 per month, plus expenses (not to exceed $3,600 annually). Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format and all travel expenses will be pre authorized by the_City. 36 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Jack Pace, Community Development Director BY: Carol Lumb, Senior Planner DATE: November 8, 2012 SUBJECT: Shoreline Master Program Implementation Year One Experience BACKGROUND The City of Tukwila adopted a new Shoreline Master Program, revised to incorporate Washington State Department of Ecology corrections, on August 15, 2011. The Department of Ecology approved the City's Shoreline Master Program on October 14, 2011 and the new Master Program became effective on October 28 2011. At the time the Master Program was approved by the City, staff committed to report back to the Council a year after the Program was in effect as to how implementation of the new Program was going. The Council wanted to know whether there were any issues with implementation of the new regulations and whether any adjustments might be needed. SHORELINE MASTER PROGRAM IMPLEMENTATION Since approval of the City's new Shoreline Master Program by Ecology the City has received only two shoreline substantial development applications: L12 -016 to utilize sand from decommissioned Hesco Units to fill behind the COE Certified levee to provide an area for the movement of materials outside an industrial building. L12 -022 installation of underground telecommunications cable within the right -of -way and under the Southcenter Boulevard bridge over the Green River. As a result, there has been little opportunity to test the new regulations on actual development projects. Staff recommends that we continue to track shoreline substantial development permit applications and provide the Council with another implementation assessment in August, 2013. If you have any questions, please contact Carol Lumb at 206 431 -3661. 37 W. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee Community Affairs and Parks Committee FROM: Jack Pace, DCD Director BY: Minnie Dhaliwal, Planning Supervisor DATE: November 13, 2012 SUBJECT: Noise and parking issues associated with the Link Light Rail. ISSUE Update on the implementation of the Settlement Agreement with Sound Transit on Link Light Rail noise and parking issues. BACKGROUND Sound Transit is required to monitor parking usage and off -site parking impacts related to the Light Rail station. The latest parking usage data is included as Attachment A. The Parking Determination, issued in 2004, included detailed conditions related to parking usage, monitoring and increasing parking supply based on demand. See attached condition number 3 and 4 in the Notice of Decision for the Parking Determination (Attachment B). Upon finding that the conditions of the Parking Determination were not being met; the city initiated the dispute resolution process with the Director of Light Rail, Ahmad Fazel, as set forth in the Development Agreement. The City Council approved the Development Agreement in 2004. This agreement sets forth the steps to follow in order to resolve disputes such as these. In the event the dispute is not resolved at staff level, the Agreement requires that it be escalated to Level Three (between the city administrator and the chief executive of Sound Transit). After Level Three the Parties are free to file suit or agree to alternative dispute resolution methods, such as mediation or arbitration. See attached letter dated Nov 9, 2010 that initiated the dispute resolution process and Sound Transit's response letter (Attachment C). As a result of the dispute resolution process the city and Sound Transit entered into a Settlement Agreement (Attachment D) DISCUSSION A) Noise Sound Transit agreed to install Type 1 noise barriers near the Duwamish neighborhood as part of the Settlement Agreement. Sound Transit has secured a bid to install the barriers and plans to complete the work by mid -2013. Sound Transit will submit two additional noise monitoring report after installation of the noise barriers. Sound Transit's latest response on the status of the items addressed in the Settlement Agreement is included as Attachment E. B) Parking Sound Transit was required to provide a parking demand study for the Airport Link and the University Link extension at the time these extensions were planned. A total of 600 stalls were required at the initial opening and Sound Transit had to provide up to 1000 stalls within three years of reaching capacity (more than 90% full). See condition number 3 in the 2004 Parking Determination (Attachment B). Sound Transit plans on adding 1050 stalls at the S 200 St station, when the alignment is extended to South 200 Street in the City of SeaTac. As part of the dispute resolution process, we asked Sound Transit to address our concerns that the 39 INFORMATIONAL MEMO Page 2 conditions of the Parking Determination were not being met. Sound Transit shared the results of the survey that showed the catchment area for Tukwila International Blvd station (Attachment F) According to Sound Transit the catchment area predominantly includes zones to the south and east of the station, and the additional parking that will be constructed at S 200 Street station will reduce the parking demand at Tukwila station. The two options reviewed during dispute resolution process were (1) require additional parking to be constructed within three years at the Tukwila International Boulevard Station; or (2) defer the requirement of additional parking until the alignment is extended to S. 200 Street where additional parking will be constructed. In order to resolve the dispute regarding the parking, Sound Transit proposed that the City defer the requirements of the 2004 Parking Determination to provide additional parking at the Tukwila Station until 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200 where 600 to 1050 additional stalls will be built by 2016. Sound Transit shall request this amendment to 2004 Parking Determination to defer the requirement for additional parking with a commitment to assess parking supply and demand after the University Link is operational and additional parking is built at South 200 Street. This assessment shall determine if any additional parking is needed at the Tukwila Station. Per the settlement agreement Sound Transit shall request this amendment to the Parking Determination by December 2012. At the same time Sound Transit shall continue to monitor on -site and off- site Link Light Rail related parking utilization and help mitigate hide and ride parking should it occur as required by 2004 Parking Determination. The latest parking counts at the station site and the adjoining hide and ride area are provided as Attachment A to this memo. The status of items addressed under the Settlement Agreement is included as Attachment E. FINANCIAL IMPACT Not applicable RECOMMENDATION/ NEXT STEPS This item is for information only. Sound Transit will submit a request for amendment to the 2004 Parking Determination asking the City to defer the requirement to provide additional parking until 2017. This request is due to the city by the end of this year. The Community Development Director shall issue an amended decision. If you have any questions regarding this matter please feel free to call me at 206 431 -3686 or email at iack.r)ace ATTACHMENTS A. Latest parking counts provided by Sound Transit from October 2012. B. Notice of Decision for the Parking Determination dated July 1, 2004. C. November 9, 2010 letter from Tukwila to Sound Transit initiating the Level Two dispute resolution process and Sound Transit's response letter dated November 23, 2010. D. Settlement Agreement E. Sound Transit's latest response on the status of the items addressed in the Settlement Agreement. F. Map showing catchment area for Tukwila International Blvd station. W mur-'Im SOuNDTRANsIT October 29, 2012 TO: Jack Pace, Director of Community Development Department of Community Development City of Tukwila FROM: Michael Miller, Manager of Customer Facilities and Accessible Services Central Puget Sound Regional Transit Authority (Sound Transit) SUBJECT: Tukwila International Boulevard Station (TIBS) Surveys Attachment A MEMO This memorandum summarizes the results of the second 2012 parking surveys for the Tukwila International Boulevard Station (TIBS), formerly referred to as the South 154th Street Light Rail Station. These surveys were conducted in accordance with the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03 -059. In a teleconference call on April 23, 2010, Sound Transit staff Sue McKim discussed the schedule for future surveys, committing to complete this ninth survey by October, 2012, which the City agreed to. This memorandum includes the schedule for future surveys. Methodology Two surveys were conducted on October 23` and 24 6 to estimate utilization of station's park- and -ride lots and to assess parking utilization in the hide and -ride impact area adjacent the station. The hide -and- ride impact area for the survey was established in 2004 by the City's then Director of Community Development, Steve Lancaster. This was based on a study that was done for Sound Transit, the City of Tukwila and the City of SeaTac by DKS Associates in 2004 -2005 (Hide- and -Ride Monitoring Program, Baseline Parking Utilization Study, South 154th Street Light Rail Station). As required by the Parking Determination Notice of Decision, the October 2012 surveys were conducted on two consecutive mid -week days: Tuesday and Wednesday, October 23` 24 This was a neither a holiday week nor adjacent to a holiday week; weather conditions were typical for the season. As recommended in the Parking Determination Notice of Decision, the schedule for the counts was the same as the schedule for the Baseline Parking Utilization Study: counts were conducted hourly from 6:00 am 6:00 pm. Finally, the hide and -ride survey used the parking space inventory that was established as part of the Baseline Parking Utilization Study. City of Tukwila Memorandum October 29, 2011 Tukwila International Boulevard Station Surveys Page I of 3 41 MIr SouNDTRANsa MEMO Survey Results Hide- and -Ride Survey Table 1 Table One summarizes the on- street parking utilization counts. Utilization averaged between 23.50- 24.94% of the total available on- street parking spaces. This was similar to utilization during the April 2005 survey, where the average utilization was between 20 -27 Detailed data of the hourly counts is provided in Attachments LA and I.B. Additionally, Attachments 2.A and 2.B provide graphs comparing data from the 2012 survey to the April 2005 baseline survey. Percent Utilization Oct 23 24, Percent Utilization —Oct 2012 vs. Apr Time of Day 2012 2005 23- Oct -12 24- Oct -12 Oct -12 Apr -05 6:00 AM -6:00 23.50% 24.94% 24.22% 23.00% PM [Note: Average utilization calculation: (Hourly sum of cars /total available parking) Inventory Modifications The survey was done using the final inventory figures from the 2005 report by DKS Associates. Modifications to the original October 19"', 2004 survey include: An increase from 16 to 21 spaces on the east side of 30th South between South 152nd and South 154th. An increase from 3 to 11 spaces on the south side of South 150th between International Boulevard and Military Road. A reduction from 3 to 0 spaces on the east side of 42nd Avenue South north of South 152nd Street. Illegal Parking Staff observed no apparent illegal parking. TIBS Park- and -Ride Utilization Table 2 Table Two summarizes the results from the park- and -ride counts taken on Oct 23 Oct 24, during the time period from 6:00 AM 6:00 PM. Utilization during this time averaged 86.32 Parking utilization peaked between the hours of 8:00 AM 3:00 PM on the second day. Attachments 3.A and 3.B provide graphs that depict hourly utilization. City of Tukwila Memorandum October 29, 2011 Tukwila International Boulevard Station Surveys Page 2 of 3 EVA MIT $QUNDTRANSlT Time of Day Percent Utilization —Oct 23 24, 2012 Average Utilization Both Days 23- Oct -12 24- Oct -12 6:00 AM -6:00 PM 86.70% 85.93% 86.32% 6:00 AM 43% 41% 42% 7:00 AM 96% 81% 88% 8:00 AM 100% 100% 100% 9:00 AM 100% 100% 100% 10:00 AM 100% 100% 100% 11:00 AM 100% 100% 100% 12:00 PM 100% 100% 100% 1:00 PM 100% 100% 100% 2:00 PM 98% 98% 98% 3:00 PM 95% 94% 94% 4:00 PM 1 87% 88% 88% 5:00 PM 68% 69% 69% 6:00 PM 40% 47% 43% Note: Average utilization calculation: (Hourly sum of cars /total available parking) Future Surveys The October 2012 survey is the second semiannual survey as required by the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03 -059. Beginning in 2012, in accordance with the Notice of Decision, the next count will be conducted in April 2013. 2013 Schedule Mid -April and mid- October Please direct any questions you may have about this or future surveys to me. Cc: Ron Lewis, Sound Transit Vida Covington, Sound Transit John May, Sound Transit City of Tukwila Memorandum October 29, 2011 Tukwila International Boulevard Station Surveys Page 3 of 3 I E E E i C3 of o j i o Ln 0 0 i now ct o N i v m I E O O N O r6 o o DJ O V1 O o i G1 N E T Q to V •i o c N 4J s rL o N r1 i 4J 4J I S E h III E a a z o r Ln v I O co I I 0 i I O f 1 u'1 L? I� l0 Ln d' m i pawed aPl4an10 aagwnN jejol I I z M rn 45 Ln Ln o u r o ro 10 Ln 0 o O cu C off N m co Ln m N kA r4 cu N 4- E a m Q) 0 Lr) N aj :2 1 (.0 CC N cu 66 00 Ln C Lf) 0 m m Ln 0 vi C r4 N r-q Ln paidn:):)o Suiljed jejoi jo agelua:)jad rn 45 d E o m a t 2 e L E a a o o 0 m& c r4 T-1 e m 000 .P C) m 0 g 0 2 M r4 .tkO m D k V) txo 1 k a 2 S o S 00 f E r a a f 2 a a 7 S 8 a 7 S R I Paidnno SUIVed |qo 1 a quaJa E w Fl y A o CL a) 0 C6 c o 0 -:F N c Ln ca c o D 0 M v b.0 0 S 4 a N m C) 0 cu u m 0 E 0 4-j V) rn D C 9 00 C) o Wo lo V) ry) r1i P8lJed S 1 0 jaqwn N WWI __r... w Fl y A p r rim Attachment B City of L ubvila Steven M. Mullet, Mayor Department of Community Development PARKING DETERMINATION NOTICE OF DECISION TO: Sound Transit, Applicant King County Assessor, Accounting Division Agencies with Jurisdiction All Parties of Record Steve Lancaster, Director July 1, 2004 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number L03 -059 Applicant Sound Transit Type of Permit Applied for Parking Determination (Type 2 Permit) Project Description Central Link Light Rail, South 154 Street Station Location Locations proposed by Sound Transit for S. 15e Street station parking are: Site A: 3122 S. 154' Street, Tukwila, WA; Site B: 15244 Tukwila International Blvd., Tukwila, WA Associated Files L03 -057 Unclassified Use Permit L03 -058 Shoreline Variance L03 -060 Design Review Comprehensive Plan Regional Commercial Designation/Zoning Regional Commercial District Regional Commercial II. DECISION SEPA Determination The Sound Transit SEPA Responsible Official has previously determined that the project creates a probable significant environmental impact and required preparation of an Environmental Impact Statement (EIS) on the project. See Section IV of this Notice of Decision for more information concerning environmental documents. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone; 206 431 -3670 Fax. 206 43116..5 Parking Determination Notice of Decision File L03 -059 July 1, 2004 Decision on Substantive Permit Based on the staff report dated June 30, 2004, the Community Development Director has determined that the application for a Parking Determination complies with applicable City code requirements and Comprehensive Plan Policies and has made a determination approving Sound Transit's provision of a minimum of 600 parking spaces at the S. 254 Street Station, as an initial requirement of station opening. This parking determination includes conditions of approval. The following conditions, except where otherwise noted, relate to the Initial Segment Central Link Project. This "initial segment" is defined as the Sound Transit light rail ystem with a northern terminus at Convention Place Station and a southern terminus at S. 154 Street Station. The conditions contained in this document serve two purposes; 1) to ensure adequate project- related parking facilities in the short and long term and 2) to ensure adequate monitoring and mitigation of off -site parking impacts. Some of these conditions are based on those parking mitigation commitments required under the Amended Record of Decision for the Initial Segment of Central Link Project and those proposed by Sound Transit in the document entitled "Final Report, South 154` Street Station Parking Study and Mitigation Plan September 30, 2003. Conditions to, Ensure Adequate Off Street Parking Facilities The purpose of these conditions is to assure that adequate parking for the Initial Segment Central Link Project is provided. Under these conditions, Sound Transit will formulate and implement a demand monitoring program for the Station's parking facilities. These conditions include trigger mechanisms wherein Sound Transit will reevaluate parking demand and/or build additional parking capacity to accommodate demand through the year 2020. 1. Sound Transit shall provide a minimum of 600 parking spaces at opening of the Initial Segment. Infrastructure and site design for these initial 600 spaces shall not preclude the potential for future demand of up to 1330 spaces (the City's year 2020 estimate of parking demand) in the future. 2. Sound Transit shall implement measures to discourage or prevent patrons whose destination is Seattle- Tacoma International Airport for parking at the S. 154` Street station area. These measures shall include the following: a. Sound Transit shall require that passen ers destined for the Airport have a valid light rail ticket from a station other than S. 154' in order to board the Airport shuttle. b. Sound Transit shall place appropriately located and visible signage warning that parking is exclusively for light rail patrons. c. Sound Transit shall implement and enforce a "no overnight" parking rule at the S. 154" Street station. Page 2 of 9 50 Parking Determination Notice of Decision File L03 -059 July 1, 2004 d. Sound Transit shall work with the City of Tukwila and the Port of Seattle to develop special enforcement policies to allow park and ride facilities at the S. 154` Street Station to remain available for transit users. Sound Transit shall design and implement an on -site parking demand monitoring and expansion program as well as provisions to build parking as required to accommodate demand, all as acceptable to the Director of the Department of Community Development "the Director The parking demand monitoring system shall include the following: a. Counts of parking usage shall be taken in the station parking facilities. Counts shall occur quarterly for the two years following the S. 154th Street station opening, and semi- annually thereafter. Both quarterly and semi annual counts shall include the months of April and October. Sound Transit shall return to the original schedule for counting following any expansion of parking for the S. 154th Street station related to an increase in parking demand for the initial segment. b. Counts shall be taken hourly and shall occur on two consecutive mid -week days(Tuesday and Wednesday or Wednesday and Thursday) of a non holiday week that is also not adjacent to a holiday week. All counts shall occur on days having typical weather conditions for the season. c. Counting program results shall be tabulated and mailed to the Director within 14 days of the count. d. If the counting program indicates that the average maximum parking accumulation during the day, for the two days is equal to or exceeds 90% of the existing stalls, Sound Transit shall immediately initiate one of the following actions: i. Sound Transit may prepare a forecast of parking demand acceptable to the Director. The demand forecast shall be for the year 2020 and shall utilize information from the counting and survey programs for both the parking demand monitoring expansion program and the hide and ride impact area monitoring program, as well as forecasting model runs provided by Sound Transit and acceptable to the Director. Sound Transit shall provide additional parking to accommodate forecast parking demand within three years of the determination of any additional number of spaces needed. Sound Transit shall be responsible for obtaining any permits and approvals needed and for the full cost of this additional parking; or ii. In the alternative, Sound Transit may choose to immediately begin the process to design and build additional parking so that the total number of spaces provided equals 1000 or more. No demand analysis is required under this alternative. Sound Transit shall immediately inform the Director of its intent to provide additional parking under this condition and shall provide this additional parking within three years. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking. e. Following the construction and opening of any additional parking spaces as described under subsection "d" above, the counting program shall return to the original schedule for counting (counts shall occur on a quarterly basis for the first two years and semi annually thereafter). If the counting program indicates that the average maximum parking Page 3 of 9 51 Parking Determination Notice of Decision File L03 -059 July 1, 2004 accumulation during the day, for the two days is equal to or exceeds 90% of the existing stalls, Sound Transit shall immediately initiate one of the following actions: i. Sound Transit may prepare a forecast of parking demand acceptable to the Director. The demand forecast shall be for the year 2020 and shall utilize information from the counting and survey programs, as well as forecasting model runs provided by Sound Transit and acceptable to the Director. Sound Transit shall provide additional parking to accommodate forecast parking demand within three years of the determination of any additional number of spaces needed. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking; or ii.In the alternative, Sound Transit may choose to immediately begin the process to design and build additional parking so that the total number of spaces provided equals 1330 or more. No demand analysis is required under this alternative. Sound Transit shall immediately inform the Director of its intent to provide additional parking under this condition and shall provide this additional parking within three years. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking. f. In the event the counting program indicates that the average maximum parking accumulation during the day, for the two days is equal to or exceeds 95% of the existing stalls, Sound Transit shall immediately begin the process to design and build additional parking. The additional parking shall be completed within three years. Total parking spaces provided upon completion shall be no fewer than 1000 spaces or no fewer than 1330 spaces, as appropriate. g. The requirement for an on -site parking demand monitoring and expansion program shall expire on December 31, 2020 or upon expansion of the S. 154 Street facility to include a total of 1330 or more parking spaces, whichever should occur first. 4. If at any time after the issuance of this parking determination, a decision is rendered to extend the Initial Segment of Central Link in any direction, whether or not portions of any such extension occur within the City of Tukwila, Sound Transit shall conduct a parking demand study to determine the additional level of parking demand likely to occur at the S. 154 Street Station. This study shall entail a forecast of parking demand acceptable to the Director, who shall render a new parking determination upon its completion. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of additional parking needed due to the extension. 5. During any time of construction of new parking or other impediment to designated station parking areas, Sound Transit shall assure that temporary parking is provided whether by shared parking or lease agreements with other property owners. Page 4 of 9 52 Parking Determination Notice of Decision File L03 -059 July 1, 2004 Conditions to Ensure Adequate Monitoring and Mitigation of Off -Site Parking Impacts The purpose of these conditions is to assure that Sound Transit will monitor and mitigate off -site parking "hide and ride impacts related to the project. 6. Sound Transit shall prepare an inventory of areas allowing on- street parking within 2000 feet of the S. 154` Street facility. The inventory shall be prepared no earlier than six months prior to completion of the hide and -ride baseline study described below, and shall indicate the availability and capacity of on- street parking areas, as well as any existing parking controls (parking restrictions by type, time limits, etc.) by block face The inventory shall be prepared to the satisfaction of the Director, who shall consult with the City of SeaTac before accepting the inventory. 7. After reviewing the on- street parking inventory, the Director shall establish a hide and -ride impact area, in consultation with the City of SeaTac. This area's boundaries shall include only those locations within the inventory area deemed by the Director to have reasonable potential for hide and -ride use by Central Link patrons. Factors in this determination shall include, but not be limited to the effectiveness of existing parking control measures and walking distance from the S. 154` Street Central link station. 8. Sound Transit shall initiate a baseline inventory of on- street parking utilization within the approved hide and -ride impact area prior to issuance of permits for construction of the 5.154` Street station. a. The baseline utilization inventory shall include actual counts of parking utilization in public rights -of -way within the hide and ride impact area. This count shall occur on a quarterly basis for at least a twelve calendar month period. At least two of the quarterly counts shall occur prior to the start of construction for the South 154` Street station. All counts shall occur on two consecutive mid -week days (Tuesday and Wednesday or Wednesday and Thursday) of a non holiday week that is also not adjacent to a holiday week. The counts shall occur during days with typical weather conditions for the season. The schedule and methods for these counts shall be subject to approval by the Director. b. Utilization and occupancy rates shall be collected within the hide and ride impact area, by block face and time of day. Information on violation of existing parking regulations shall be included. The number and timing of counts per day shall be subject to prior approval by the Director, who shall consult with the City of SeaTac in making this determination. 9. Sound Transit shall develop and carry out a hide and -ride impact area monitoring program. The monitoring program shall be subject to the approval of the Director, who shall consult with the City of SeaTac prior to approving the program. The monitoring program shall meet the following requirements: 1 "Block face" means the area on one side of a street lying between street intersections. Page 5 of 9 53 Parking Determination Notice of Decision File L03 -059 July 1, 2004 a. Actual counts of parking utilization in public rights -of -way within the hide and ride impact area shall occur on a quarterly basis for 24 calendar months following opening of the S. 154 Street station. Thereafter, counts shall occur semi annually. Both quarterly and semi annual counts shall include the months of April and October. All counts shall occur on two consecutive mid -week days (Tuesday and Wednesday or Wednesday and Thursday) of a non holiday week that is also not adjacent to a holiday week. The counts shall occur during days with typical weather conditions for the season. The schedule for these counts shall be as close to the schedule used for the baseline inventory as is reasonably possible, to provide an accurate comparison. b. Utilization and occupancy rates shall be collected within the hide and ride impact area, by block face and time of day. Information on violation of existing parking regulations shall be included. 10. If at any time the hide and -ride impact area monitoring program indicates the presence of significant hide and -ride parking, Sound Transit shall identify and implement, at its sole cost, effective mitigating measures. "Significant hide and ride parking" means a decrease by 50 percent or more of unutilized parking spaces for any block face within the hide and ride impact area, which cannot be attributed to other causes. For example, if the parking utilization rate is 50 percent before station opening and 75 percent or more after light rail implementation, Sound Transit shall implement effective mitigation measures. These mitigating measures shall be subject to approval by the Director, who shall consult with the City of SeaTac concerning any measures that may affect that City. Approved mitigating measures shall be implemented as soon as is practically possible. The monitoring program established pursuant to Condition 9, above, shall be carried out quarterly for the year following implementation of these mitigating measures. Mitigating measures may include, but shall not be limited to the following, all subject to approval by the applicable decision makers: Provision of additional off street parking; Rider outreach and education; Adoption of on- street parking restrictions; Installation of parking signage; Residential parking zones on city streets in conjunction with a resident permit program; Parking enforcement programs. Remedial actions to address safety, convenience or other factors at the S. 154 Street station parking facilities, which may be discouraging use by light rail patrons. The monitoring program shall be carried out quarterly for the year following implementation of any new mitigating measures. Page 6 of 9 54 Parking Determination Notice of Decision File L03 -059 July 1, 2004 11. In the event mitigating measures proposed by Sound Transit and approved by the Director pursuant to Condition 10 require approval by the City of SeaTac and such approval is denied, Sound Transit shall work in good faith with the City of SeaTac to agree on and implement alternative mitigation. 12. In the event mitigating measures proposed by Sound Transit and approved by the Director pursuant to Condition 10 require approval by the Tukwila City Council and such approval is denied, Sound Transit and the Director shall work in good faith to agree on and implement alternative mitigation. III. YOUR APPEAL RIGHTS The Decision on this Parking Determination Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the City Council of this permit decision is permitted. Unless an appeal of the Director's decision on this permit decision is timely and properly filed to the City Council, the Director's decision on this permit shall be final. A party who is not satisfied with the City Council's determination on any such appeal may appeal to King County Superior Court under the procedures set forth in RCW 36.70C, the Land Use Petition Act. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application to the City Council, a written notice of appeal must be filed with the Department of Community Development within 14 calendar days from the date of the issuance of this Notice of Decision, pursuant to TMC 18.116.010A.. The deadline for filing any such appeal in this matter is 5:00 p.m. on July 15, 2004. Late appeals will not be accepted. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials must include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. Page 7 of 9 55 Parking Determination Notice of Decision File L03 -059 July 1, 2004 3. A statement identifying the decision being appealed and the alleged errors in the decision 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal to the City Council regarding the Permit shall be conducted as an open record appeal hearing pursuant to TMC 18.104.010.C. The City Council decision on the appeal is the City's final decision. Any party wishing to challenge the City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the City Council Decision shall be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Alice Strand, who may be contacted at 206 -431- 3655 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. VII. ENVIRONMENTAL DOCUMENTATION Sound Transit was the SEPA lead agency for this project. Accordingly, the City of Tukwila did not perform its own independent SEPA review. Sound Transit prepared SEPA documents concerning the Tukwila portion of the project and the City of Tukwila received, reviewed and relied, in part, upon these documents. They are as follows: Volume 1 Final Environmental Impact Statement; Central Link Light Rail Project; November, 1999 Addendum to the Final Environmental Impact Statement; Central Link Light Rail Project;, November, 2001 Page 8 of 9 56 Parking Determination Notice of Decision File L03 -059 July 1, 2004 Final Supplemental Environmental Impact Statement; Central Link Light Rail Project Tukwila Freeway Route; November, 2001 Initial Segment Environmental Assessment; Central Link Light Rail Project; February, 2002 Tukwila Freeway Route Final Supplemental Environmental Impact Statement; Tukwila Addendum; March, 2004 Department of Community Development City of Tukwila Page 9 of 9 57 r1mar-I ALOJ Attachment C City of Tukwila Jifn Haggerton, Mayor Department of Community Development Jack Pace, Director November 9, 2010 Ahmad Fazel Sound Transit 401 S Jackson Street Seattle WA 98104 Re: Noise and parking issues associated with the Light Rail system in Tukwila. Dear Mr. Fazel: The purpose of this letter is to follow up on a number of meetings we have held with you and your staff regarding two very important issues related to the Light Rail system in Tukwila, noise and parking. Noise Issues We had a meeting with you on July 8 2010, to follow up after the community meeting held in June. At that time you explained that you have started installing Type 2 temporary noise barriers and that preliminary results indicated that 5 -7 dba reduction can be achieved by these panels. Also, you were hoping to achieve 5 -7 dba decrease by grinding, to bring the noise levels below FTA standards. We informed you that per the original condition of approval, any permanent mitigation measures have to be approved by the Tukwila City Council. At that meeting we inquired about the status of the design of Type 1 permanent barriers and asked for a draft schedule as to when this item could be scheduled for the City Council hearing. You clarified that you would put a schedule together, but it is not a commitment that permanent walls will be installed. You also indicated that grinding could be effective to reduce noise, but overtime the effects degrade. To overcome this degradation, Sound Transit has indicated it would grind every year, similar to European rail systems. You explained that the cost of Type 1 barriers for this area, which is estimated at 5 million dollars, as well as the 2 months of service interruptions were the primary drivers of your decision to address the noise problem at the apparent source, the wheel /rail interface. Since the meeting with you in July we have had several meetings with your staff, with the latest one occurring on October 22 At this last meeting we were informed that you are planning to submit the second noise monitoring report this month, which will include the proposed mitigation measures of Type 2 acoustic barriers and annual grinding. Additionally, your staff indicated that Sound Transit is going through an RFP process seeking an expert to study the existing conditions in an effort to come up with 6300 Southcenter Boulevard, Suite 9100 Tukwila, Washington 98188 Phone 206 -431 -3670 Fat: 206- 431 -3665 59 recommendations for long term operations. This study will likely be completed by April/May and you would like to wait to schedule the City Council hearing until that study is completed. While it is prudent for Sound Transit to study this issue and do it right for the new extensions (U -Link and East Link) we believe that any further delay in addressing the noise issue in Tukwila is not acceptable for the alignment that is already operating. The revenue service in Tukwila started in July 2009 and the noise problems became evident almost immediately. It has been well over a year and a half since the issue was identified and you have yet to come up with a permanent solution. Listed below are some of our concerns with the potential solution that you are considering (Type 2 barriers and annual grinding): The durability of Type 2 barriers for this type of application is questionable. They have been on the market for only about three years and we have not found any other transit agency that is using this product to control train noise. Given the nature of the product, the proposed mitigation will likely require extended monitoring obligations and depending on its performance other potential mitigation measures, resulting in service disruptions While we understand that the up -front cost of the Type 1 barriers is higher, over the long term, the cumulative cost of replacing the Type 2 barriers and continual grinding could exceed that initial investment. We are concerned about the increased noise impacts to the community due to annual grinding. It has been documented that grinding is not predicable and cannot be relied upon to consistently reduce noise. As you know, it actually increased the noise levels in Tukwila. If Type 2 barriers are so effective in reducing the noise levels and cost much less than the Type 1 barriers why are these types of barriers not being proposed for the East Link extension? In addition to our concern about the proposed mitigation measures we are extremely concerned about how long it is taking to come to a resolution. The City received the first year's monitoring report in December 2009 showing FTA noise levels were being exceeded at four locations in Tukwila. The community meeting was held in June 2010 and you had stated at that time that you were doing a wheel /rail interface study. You have now informed us that the results of the study will not be available until April /May 2010, and that you would like to wait to schedule the City Council hearing until the study is completed. Please note that the second monitoring report and any proposed mitigation measures have to be peer reviewed by the City's noise consultant and additional specialists who may need to review the material used for Type 2 barriers. Also, note that per TMC 18.50.200, the peer review will be at the expense of the applicant. We will provide you with a cost estimate after we receive the monitoring report from you. Please include a comparison of specification of Type 1 and Type 2 barriers including comparison of cost and service impacts; durability information about Type 2 barriers; and detailed technical information about the grinding process in the report you are planning on submitting this month. At this time please provide a detailed work plan with specific dates for deliverables, so that we can work towards resolving this issue. MD Page 2 of 3 HAQ Drive \Sound Transit \ST noise parking issues ltr Nov 9.docx 11 -9 -10 •c Parking Issues As you are aware, Sound Transit is required to monitor parking usage and off -site parking impacts related to the Light Rail station. The parking demand was heavily debated and the City imposed a condition for Sound Transit to provide a minimum of 600 stalls at the opening of the station, as opposed to 420 proposed by Sound Transit. The Parking Determination issued in 2004 included detailed conditions related to parking monitoring reports. Sound Transit's proposed measures to monitor and increase parking as demand increased were incorporated into the conditions of this parking determination. Listed below are some items that need your immediate attention: The quarterly reports are due within 14 days of completing the survey, deadlines that Sound Transit has not met. So far we have received two quarterly reports, one in May 2010 and the second one in September 2010. Both these reports show that the station has reached capacity and is 100% full from 10 am until 3 pm. This requires Sound Transit to either provide at least 1000 parking spaces within three years or submit a parking demand study forecasting demand in 2020 and providing additional spaces to accommodate the projected demand. Sound Transit is required to monitor any off street parking impacts around the station. While the quarterly reports have not indicated any off site parking impacts at this time, the City of SeaTac has informed us that Light Rail users are parking across the street on a lot owned by the City of SeaTac. Sound Transit was required to provide a parking demand study for Airport Link and the University Link extension at the time these extensions were planned. The City has repeatedly asked for this information, but to no avail. The assurance letter that was signed by Joan Earl prior to the opening included a schedule for all the deferred items. Airport Link extension survey and the scope of U -Link parking demand study is past due. The only information the city has received so far on the parking issue is that Sound Transit plans on adding 600 stalls when the alignment is extended to South 200 Street in the City of SeaTac. Also, please note that the parking demand studies shall be peer reviewed by the City's consultant at the applicant's expense. We are extremely concerned that the conditions of the Parking Determination are not being met. Please provide an update to the City on the concerns raised above. We look forward to getting these items from you soon. Please consider this letter to be step two of the dispute resolution process as set forth in the Development Agreement. V n Enclosures: Unclassified Use Permit decision Parking Determination decision C: Ron Lewis, Sound Transit Steve Lancaster, City of Tukwila Jim Edwards, Sound Transit Shelley Kerslake, City of Tukwila Steve Sheehy, Sound Transit Minnie Dhaliwal, City of Tukwila MD Page 3 of 3 HAQ Drive \Sound TransiAST noise parking issues ]tr Nov 9.docx 11 -9 -10 61 MA November 23, 2010 .lack face City of "C`Likwila 6300 Soutltcenter Blvd. Tukwila, WA 98188 -2544 Noise and Parking Issues Associated With the L i ght hail S sy teem its 'I uktivila Dear Mr. lace: This letter is in response to your letter dated November 9, 2010 regarding the above referenced subjects, Sound Transit acknowledges the City's initiation of level two of the dispute resolution process set forth in the Development Agreement. As such, we are prepared to meet with the appropriate City representative at your earliest convenience. Given the upcoming Thanksgiving Holiday break as well as the inclement weather we are experiencing this week, I have directed my assistant to contact your office to arrange a meeting for the week of December 6` 1 realize this is beyond the 14 business day deadline called for in the Agreement, however, I trust you will find this timing both responsive and acceptable. In the meantime we have prepared. the following update and response to the issues raised in your letter regarding noise and parking associated with the light rail system in the City of "Tukwila. Noise Issues Sound Transit does not agree with some the statements included in the (I 'ity's letter regarding round "hransit's continuing; efforts to ensure noise levels near the Tukwila light rail guideway meet Federal Transit Administration (FTA) requirements and the conditions of our permit with the City. The fundamental fact is that while we are continuing to explore reasonable and most effective long term noise mitigation we are now in compliance with FTA requirements and City conditions and have time to find the best long term solution. As you know from the community meetiJig earlier this summer and film our recent discussions, Sound Transit's focus over the Last several months has been on improving the rail/wheel interaction. We hired international rail noise experts to advise us and used a national rail contractor to improve the rail surface in July and August, which reduced the noise levels significantly, in some locations by over 10 decibels. In August, we finished the installation ofthe Type 2 Noise Barrier along the guideway which fitrthcr reduced noise levels. We shared with you the results of the preliminary Central Puget Sound Regional 'transit Authority e Union Station, 401 S. Jackson St. Seattle, WA 98104 2826 Recewion: 206) 398 -5000 a FAX: (206) 398 -5499 ,et�� v soua� €t£ra��sit. �cJ Aaron Reardon VICE CHAIRS Fred Butler Claudia Thomas BOARD MEMBERS Claudia Balducci Pei lc, n Richard Conlin Dow Constantine Jan Drago K i.eitezzf 4 nv +n: =1tr �rze1 =.:r Dave Endow take Fey l t "e.:l.:r at,,,= Paula J. Hammond P E, 1l r P t t< Stx sc t o John Marchione Joe Marine Pat McCarthy t nx C,32` "wive Mike McGinn Julia Patterson Pitt .:"PT 4 Larry Phillips Ie s f.;xtet zr +rt, tr he� Paul Roberts Peter von ReichGauer K r (:zti�rzt d M'Pl?I'rr CHIEF EXECUTIVE OFFICER Jorri Earl Noise and Pmking Issues Pazel to Pact 11/3;/2M M noise studies following the recent work that indicated that we have reduced noise levels at all previously impacted residential locations to below the 1' TA standards. As required by our agreements and permit with the City of Tukwila, we peribi med additional noise studies at a greater number of locations. The report entitled Tukwila Noise and Vibration Compliance Testing Year Noise and Vibration Testing Results was submitted to the City on November 18, 2010. "Those results show that we are below FTA standards and in compliance with City conditions. Pending your review we will revise and submit any necessary additional inf:orination. Our priority now focuses on identifying what we must do to ensure maintenance of noise levels at or below the FIFA standards. We are in the process of hiring additional expert rail consultants to verify current rail conditions system wide. This expert will then develop a recommended long term rail surface preventative maintenance program to assure the Link system stays in compliance. Although we are in compliance with FTA standards and City conditions, we are not ready to propose a long term solution until we complete the additional studies we have described to you. Because the Type 2 Barrier is working effectively, we plan to continue to use it while we complete the additional rail surface study. However, we have developed the design of the Type 1 Noise Barrier to 90% design level and are able to move ahead if that becomes the agreed upon solution. At this point we are not requesting that the Type 2 Barrier be used as a permanent solution, and pending the outcome of the additional studies we may find that no barrier is required. Lastly as it relates to the noise issue, City staff has indicated that the City Council must act to approve the permanent noise mitigation and that this would occur in a quasi judicial setting subject to the applicable "reasonable nexus test It is not clear to us what the process will be and how the Council would exercise its authority given that Sound Transit is not seeking modifications to the UUP conditions. If this is to be the course of action to be followed, we need to clearly understand the process and how the interests of the City, Sound Transit and public are respected and protected. Parking Your November 9, 2010 letter raised three general concerns regarding parking at the Tukwila International Boulevard Station, namely quarterly parking survey reports, monitoring off street parking, and a parking demand study. Each is addressed briefly below. In addition, the first paragraph of your letter under the heading "Parking Issues" makes reference to what appears to be dated discussions regarding the supply of parking to be built at the station. Frankly we are perplexed by this reference, and at best find it irrelevant as the project was constructed with an agreed upon parking supply. 1. Quarterly Parking Survey Reports April 2010: Surveys conducted on April 21 s' and 22 Information includes both Tukwila International Boulevard Station utilization and hide- and -ride counts. Submitted to the City of Tukwila on May 14, 2010. July 2010: Surveys conducted July 13 and 14`'. Information includes both Tukwila International Boulevard Station utilization and hide- and -ride counts. Submitted to the City of Tukwila on September 1, 2010. 63 Noise and I`,vkiog Issues Pant to Pace 1112312010 p. 3 of i1 October 2010: Surveys conducted October 26"' and 27` Information includes both Tukwila International Boulevard Station utilization and hide- and -ride counts. Submitted to the City of Tukwila on November 19, 2010. Sound Transit acknowledges the utilization of parking at the "Tukwila International Boulevard Station is at practical capacity from about 10 am until 3 pm weekdays as noted in your letter, and is taking steps to conduct the required parking demand study as described in item 3 below. Lastly, as it relates to parking survey reports, we :find the 14 day timeframe within which to provide quarterly reports to the City too short and problematic. In addition to data collection, the process includes an analysis of the data, review and quality control, preparation of data summaries, and delivery to the City. I recommend we revisit this timeframe during our upcoming discussions. 2. Off: Street Parking We concur with the City's statement that "the quarterly reports have not indicated any off -site parking impacts at this time." Given that, we interpret your statement on behalf of the City of SeaTac regarding the reported use of their property by light rail users as information sharing, and not a point of dispute. In fact, Sound Transit received a letter directly from the City of SeaTac in August, 2010 regarding this issue. In response Sound Transit's Security Officers have been instructed that under no circumstances should they direct light rail users to park in the City of SeaTac's parking garage /lot. Sound Transit also offered to reimburse the City of SeaTac for parking enforcement signs designed to discourage light rail users in their parking garage /lot. Lastly as it relates to concerns raised by the City of SeaTac, Ron Lewis of my staff provided a light rail briefing for the SeaTac City Council on November 9, 2010. During the briefing he updated the Council on the S. 200 extension, reviewed current parking utilization at the Tukwila International Boulevard Station, and reviewed the steps noted above that Sound Transit is taking to respond to their off- street parking concerns. 3. Parking Demand Study Sound Transit acknowledges the requirement to prepare a parking demand study for the extension of light rail to the north (University Link) and to the south (S. 200 Your letter correctly states that these studies are cominitments contained in the July 14, 2009 Assurance Letter. As you know, Sound Transit has been reporting on the progress of completing all of the items contained in the assurance letter on a quarterly basis, the most recent of which was the 3` Quarter 2010 Report transmitted to you November 2, 2010. We have also met with you and your staff to discuss the status of these items including the parking demand study. During these meetings we have informed you and your staff of the status of our efforts to accelerate extension of light rail to S. 200 °i Street, including briefings on the current design refinement effort authorized by the Sound Transit board on September 9, 2010. We have describe(] to you and your staff the general relationship between the extension of light rail to S. 200` where additional parking will be provided, and future parking demand at the Tukwila International 0 Nom and Parking Issues Fazci 10 1'aee I U?3� ?f510 P.:1 of :1 Boulevard Station. With the progress to elate on the S. 200"' extension design refinement effort, and our increasing confidence in our ability to accelerate the project, we believe we now have a solid foundation in place to finalize the scope and conduct the parking demand study. To that end, we are scheduled to conduct additional rider arrival mode surveys at the'I'ttkwila International Boulevard Station by the end of this year. I trust this update meets your expectations, and I look forward to meeting with you in December. sincerely,/ f Ahmad Fazel Executive Director, )esign, Engineering and Construction Management Sound'fransit A FA Reply t NOisc and l'a�king (ssucs Naszmlxr 9lh 65 M Attachment D 11 -104 Council Approval N/A Dispute Resolution Settlement Agreement Regarding Noise and Parking Between City of Tukwila, Washington And Sound Transit (Reference City Contract Number 04 -086) The purpose of this Dispute Resolution Settlement Agreement is to confirm the agreement between Sound Transit and City of Tukwila regarding the issues discussed during the dispute resolution process initiated on November 9, 2010. Since the opening of the light rail system in July 2009, issues have arisen between the City and Sound Transit regarding noise and parking at the Tukwila International Boulevard Light Rail Station (Tukwila Station). Over the past few months, Sound Transit and the City have met in a good -faith effort to resolve these disputes, as provided for in the Development and Transitway Agreement executed between our two agencies in December 2004. We have reached a mutually satisfactory resolution of the issues and both agencies remain committed to working together in a collaborative manner to see that the commitments included in this letter are completed in a timely and efficient manner. To this end, the City and Sound Transit have agreed to settle the disputes as follows, subject to necessary approvals: Link Light Rail Noise Mitigation A dispute arose following initial noise level readings in the First Year Noise and Vibration Testing Results prepared by Michael Minor and Associates (dated December 9, 2009), which exceeded the FTA noise criteria in certain places along the Link Light Rail route in Tukwila. The resolution to this dispute is as follows: 1. Sound Transit is currently in compliance with the FTA noise criteria, and will continue to comply with the FTA noise criteria throughout the City. 2. Sound Transit will install approximately 2700 feet of Type I noise barrier in the vicinity of the Duwamish River neighborhood area, replacing the existing Type II noise barrier. The existing Type 2 barriers in three other locations will remain. 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise M barriers; maintenance and/or replacement requirements for the Type 2 noise barriers; and commitment and schedule for monitoring. The supplement to the noise report will be submitted to the City within 30 days of the effective date of this Agreement. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel -Rail Noise Study to the City, as contemplated by the original UUP noise condition, unless the Parties mutually agree to an extension. In 2011, the City will perform a review of the 2010 noise report and supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier, and will submit a 2013 final report. Sound Transit will develop and implement a long -term noise maintenance and monitoring program based on recommendations in the 2011 Wheel -Rail Noise Study, authorized by the Sound Transit Board on March 10, 2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. 6. The City will review the supplement to the 2010 noise report, for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit (long term type D) will be required for installation of the Type 1 barriers, but a building permit is not required. There will be a public informational meeting and comment period for the above mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. Tukwila International Boulevard Light Rail Station Parking A dispute arose regarding the need for additional parking at the Tukwila Station, consistent with the City's 2004 Parking Determination. The resolution to this dispute is as follows: 1. Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long -term strategy is to extend light rail to South 200' Street on an accelerated schedule, subject to Sound Transit Board approval anticipated in July 2011, where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200` and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station, will provide an attractive alternative for some of the current users of Tukwila Station parking. 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. 3. Sound Transit shall continue to monitor on -site and off -site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide ride parking should it occur as required by the 2004 Parking Determination. 4. Following a twelve month period of operation of the South 200`' and University Link projects (2017), during which service levels and ridership are expected to normalize, Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. 5. The City shall defer the requirements of the July 1, 2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31, 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200 The measurable progress shall include obtaining Sound Transit Board approval; obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Determination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination, together with all supportive documents before December 31, 2012. This will be processed as a Type II Decision pursuant to the City's Land Use Code. The parties have executed this Agreement as of the last date indicated below. This Agreement shall become effective subject to approval by the Sound Transit Board. 04181 By tly2 Joan EO Date: 011 C ITY OF TUKWILA B .-t,' c- Steve Lancaster, City Administrator Date: July 4, 2011 p Attachment E July 27, 2012 CHAIR Pat McCarthy Pierce County Executive VICE CHAIRS Julia Patterson King County Councilmember Mr. Jack Pace I Aaron Reardon Community Development Director Snohomish County Executive City of Tukwila 6300 Southcenter Boulevard, Suite 100 BOARD MEM Tukwila, WA 98188 ClaudiaBaiduccl Bellevue Councilmember Stiltiti of gu nd l ransWt IJ� ght Rail blouse and Parkin, Mitigatio El orts Fred Butler Issaquah Deputy Convell President Dear Mr. Pace: Richard Conlin Seattle Councilmember You recently requested a brief update on the status of Sound Transit's efforts to address noise issues from Link Light Rail operations on the Tukwila elevated guideway and also Dow Constantino King County Executive the status of Sound Transit's progress addressing parking issues at the Tukwila International Boulevard Station. The following provides our written response, which we Dave Mayo would be pleased to discuss with You your convenience. Davar flow Status of Sound Transit's efforts to maintain compliance with Federal Transit Sumner Mayor Administration (FTA) noise criteria along the Tukwila elevated guideway: Paula J. Hammond, P.E. Washington State Secretary of Transportation 1. Sound Transit is currently in compliance with FTA noise criteria, and will continue l with the FTA noise criteria thro the City. to comply y g Y Jahn Marchlone Redmond Afctyvr The (71 :s 2011 noise sturdy c rlrr rmlc d s5'orrncl 1 r attsit 's 2iJ1(l �tirclir J_s that �t1cf compliance with FTA noise criteria. Sound Transit continues have achieved com p Co unty McDermott ncilm King County Councilmember to maint the Tukwila elev ui deway track lubricators and the Type 2 n oise bar Mike McGinn Seattle Mayor l!errller ibis bear Sound T ransi t r ephicced a �zrr�oJ r 4in Arta t -/0 o rail lubricators located in the SR 518 curve area ivith multi- art side rail I� Mary Moss Lahervood Councilmember lybi'u itlors YVhrL'l lrttv�e r�overt ifs be niore e�, eelive and relia L Larry Phillips 2. Sound Transit will install approximately 2700 feet of Type 1 noise barrier in the King County Councilmember vicinity of the Duwamish River neighborhood area, replacing the existing Type 2 Paul Roberts noise barrier. The existing Type 2 barriers in three other locations will remain. Everett Councilmember The phased installation of 1l Tyne I noise barrier in the Duwand arey has Marilyn Strickland rroceed the proc and installation of the structural L)rctcitr r k i )C� l Tacoma Mayor rmme leted th is Peter von Relchbauer stlltanxc�l'. bYc 1r the srrctre9ss ally se cured ct bid tar the illslallation of the Ivalls King County Councilmember the santce contractor who install the o n real wall ents rmc'l &(m r in�'t CHIEF EXECUTIVE OFFICER 2013. Joni Earl S *mv l Trans continues to inspect tl Ty pe 2 bent iers eguently and re 71(tee tarreJs soil di lir,>S tts lreec they are itr �oc7t Sha.�e arrcl atn�tlof r as in tended 71 Mr. Jack Pace July 27, 2012 Page 2 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. See response to conditions I and 2 above. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise barriers; maintenance and/or replacement requirements for the Type 2 noise barriers; and commitment and schedule for monitoring. On Septemher• 6. 2011 Sound Transit submitled our siol)1ement entitled "City Unclassified Use Permit (UUF C=onditions for Central Link Tacoma Freeway Route (Z'Fj: Sound Transit's Sit 1entent. to 20.1 Ond year !Noise Test Results That document ivas accepted by the City on January 24, 2012. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel -Rail Noise Study, as contemplated by the original UUP noise condition, unless the Parties mutually agree to an extension. In 2011, the City will perform a review of the 2010 noise report and supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier, and will submit a 2013 final report. Sound Transit will develop and implement a long -term noise maintenance and monitoring program based on recommendations in the 2011 Wheel -Rail Noise Study, authorized by the Sound Transit Board on March 10, 2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. With the current schedule for installation of the Tune .1 harrier, Sound Transit plans to complete the nest noise report in )rricl- 2013. Sottttd Transit regttests rnrtttttal agreement to delcry the 2012 retWort to follow completion of the Type 1 barrier. Sound Trcinsil retained Advanced Rail tblanygement to per form a raillwhee/ inter face sti, dv 'uJhich ii acce �ted irr Febr•ttcn 2012. Tie are still cons iderirt the cr�rtstrltartt %n lirz s arrd develo rirr tr recommended program. Here are our early conclusions: L Rails and wheels must be smooth to minimize noise and wear. We had an initial problem i_trith rall.rotThness on the guide►vav but have corrected that and have ypplied shat lesson to our uture designs. ff routinely nrcrintetin itheel smoothness and rounding ii. Sound Transit's rail and wheels are in very good condition and with routine maintenance should remain so. iii. Future rig ndiat needs to be dome to specific standards and address the entire -rail surface.' We are working to develop that standard. 6. The City will review the supplement to the 2010 noise report, for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit (long term type D) will be required for installation of the Type 1 barriers, but a building permit is not required. There will be a public informational meeting and comment period for the above mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. All ofconelition 6 ioint commitments have been met, and So und Transit is actively numuin.Q the installation nfClre Tyne 1 bar r ier• in the DtA ainish River area See response to 2 above Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St., Seattle WA 98104 -2826 •206 -398 -5000. 1- 800 201 -4900 www.soundtransit.org 72 Mr. Jack Puce Page 3 July 27, 2012 Regarding parking at the Tukwila International Blvd Light Rail Station: Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long -term strategy is to extend light rail to South 200th Street on an accelerated schedule, subject to Sound Transit Board approval anticipated in July 2011, where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200th and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station, will provide an attractive alternative for some of the current users of Tukwila Station parking. StcxC '-tv twogyress is beirrynade on the So Link Proieat. Preliminary eilgineering and the erruirorrnreratctl imlKict staterererrt is oeWlete and a Record of Decision has been issited for this profect. A Sh'PA addendum and NEPA re- evaluati have been issued to document recent elesi refinements. The Sound Ti ansit Boarel has a rowed rrtovhrs? fors crtxl tritlt the -lata t. the lx t rxril glacleway and sta tion w itl be delivered th ar cle- stgnlbuild procurement to het) achicwe �r��t C0111 letion by 2016. Sound Transit is currently in the later l2hases of the desis;n- build procurement. The fort oftiSeattle artcl.Sound Transit have aprvrnt�ed a Memorandum of.4greement Lor the nro'e� ef. rlie Citv ol',S`eaTetc and ,Sound .tr ansit have approve&a Devel r ent AL- reement fi)r the Project. 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. 3. Sound Transit shall continue to monitor on -site and off -site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide ride parking should it occur as required by the 2004 Parking Determination. Scaard Transit hers cotrtirrued to rndtritor' Iratrkitttili�atit�n as realer "real Attaclreclrrre the relxor -t and data tables konr our October 18 2011 prrkttrg Witiration survey at the Titlet4lalInternational Boulevard station This is dre last quarterly report required by tlit Citys 11arking cletermincition. 2012 marks the first year that surveys will be done semiannually. 4. Following a twelve month period of operation of the South 200th and University Link projects (2017), during which service levels and ridership are expected to normalize, Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. N/A at this time Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St., Seattle WA 98104 2826.206 -398 -5000. 1- 800 -201 -4900 www.soundtransitorg 73 Mr. Jack Pace July 27, 2012 Page 4 5. The City shall defer the requirements of the July 1, 2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31, 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200th. The measurable progress shall include obtaining Sound Transit Board approval; obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. See response to parking item #1 above 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Determination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination, together with all supportive documents before December 31, 2012. This will be processed as a Type II Decision pursuant to the City's Land Use Code. Work on this item is pending I look forward to our continuing collaboration on resolving these items. Regal R i Lewis Executive Project Director, East Link Design, Engineering and Construction Management RL Je Status of Sound Transit's Light Rail Noise and Parking Mitigation Efforts Ahmad Fazel, Executive Director Jim Edwards, Deputy Executive Director, Design and Engineering Paul Denison, Director, Light Rail Operation Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St., Seattle WA 98104 -2826 •206 -398 -5000. 1- 800 201 -4900 www.soundtransit.org 74 Figure 2: AM Survey Trip Origins by Zip Code Attachment F 75 76