HomeMy WebLinkAboutReg 2013-01-07 COMPLETE AGENDA PACKETL Tukwila City Council Agenda
Nio
( th th • REGULAR MEETING •
00, 2 Jim
y David
Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson
Cline, CityAdministrator + Allan Ekberg + Kathy Hougardy
Seal, Council President + De'Sean Quinn Kate Kruller
Verna
Monday, January 7, 2013; 7:00 PM • Ord #2394 • Res #1785
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda
(p /ease limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. CONSENT
AGENDA
a. Approval of Minutes: 12/3/12 (ReguiarMtg.), 12/10/12 (Special Mtg.)
a. Approval of Vouchers.
c. Authorize the Mayor to sign an addendum to the Interlocal Agreement
with the Tukwila Metropolitan Park District (MPD) for contract support
services through July 15, 2013. [Approved by the MPD Board at the
12/17/12 meeting.]
Pg.1
4. PUBLIC HEARING
An ordinance vacating portions of the existing South 178th Street right -of-
way and amending the official street map of the City.
Pg.5
5. UNFINISHED
BUSINESS
An ordinance vacating portions of the existing South 178th Street right -of-
way and amending the official street map of the City.
Pg.5
6. NEW BUSINESS
a. Election of 2013 Council President.
b. A resolution establishing the meeting schedule for City Council
Committees.
c. Authorize the Mayor to sign a lease agreement with Sound Cities
Association for their office space in the 6300 Building through
January 31, 2016.
d. A resolution adopting a legislative agenda for use during the 2013
Washington State legislative session. Discussion only.
Pg.31
Pg.33
Pg.39
Pg.51
7. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
d. City Attorney
e. Intergovernmental
Pg.63
8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
p
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
01/07/13
CO
cAr
ITEM INFORMATION
ITEM No.
3.C.
1
STAFF SPONSOR: CHRISTY O'FLAHERTY
ORIGINAL AGENDA DATE: 01/7/13
AGENDA ITEM TITLE Addendum to the Interlocal Agreement for support services with the Tukwila Pool
Metropolitan Park District.
SPONSOR'S
SUMMARY
Authorize the Mayor to sign an Addendum to the Interlocal Agreement (ILA) to extend the
term of the agreement to 7/15/2013.
The MPD Board approved the addendum at the 12/17/12 Board meeting, and the same
action is required on the City Council side.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
City Clerk
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
1/7/13
Addendum to the Interlocal Agreement for Support Services
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2
ADDENDUM NO. 3
ADDENDUM TO INTERLOCAL AGREEMENT FOR SUPPORT SERVICES
BETWEEN THE CITY OF TUKWILA AND
THE TUKWILA POOL METROPOLITAN PARK DISTRICT
THIS ADDENDUM is made and entered into this day of ,
2013, by and between the City of Tukwila and the Tukwila Pool Metropolitan Park
District, both of whom are Washington municipal corporations, in accordance with the
Interlocal Cooperation Act (RCW 39.34).
ITEM ONE REVISION TO SECTION II AGREEMENT: That Item 1.1. "Term" is
amended to read as follows:
1. Term of Agreement and Renewal.
1.1 Term. This Agreement shall be valid until July 15, 2013.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF TUKWILA TUKWILA POOL METROPOLITAN
PARK DISTRICT
By: By:
Jim Haggerton, Mayor Verna Seal Board President
Dated: Dated:
Attest: Attest:
City Clerk Kathy Hougardy, Clerk of the Board
Approved as to Form: Approved as to Form:
Shelley M. Kerslake, City Attorney Lisa M. Marshall, Attorney for TPMPD
3
4
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
01/07/13
Prepared by
BG
Mayor's review
CA)`
Council review
ITEM INFORMATION
ITEM No.
4 &5
5
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 01/07/13
AGENDA ITEM TITLE An Ordinance approving a street vacation regarding
Right -of -Way.
a portion
of South 178th
Street
CATEGORY Al Discussion
01/07/13
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Al Ordinance
❑ Bid Award
Mtg Date
Al Public Hearing
❑ Other
Mtg Date
Mtg Date
Mtg Date 01/07/13
Mtg Date 01/07/13
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police a PW
SPONSOR'S The Council is being asked to consider an ordinance approving the street vacation of a
SUMMARY portion of the South 178th Street right -of -way. This street vacation will provide for the
construction of a fire station at the intersection of Southcenter Parkway and South 180th
Street.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMH`lEE CHAIR:
RECOMMENDATIONS:
SPONSOR
Gown'
/ADMIN.
Public Works
I'LE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/3/12
Council adopted Resolution #1782, setting a public hearing date for 1/7/13
MTG. DATE
ATTACHMENTS
01/07/13
Informational Memorandum dated 1/4/13
Vicinity Map
Ordinance with attachments
Resolution 1782
5
6
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
FROM: Bob Giberson, Public Works Director ID`
DATE: January 4, 2013
SUBJECT: South 178th Street
Project No. 90410405
Street Vacation Ordinance
ISSUE
Approve Ordinance that will authorize the vacation of portions of the South 178th Street right -of -way.
BACKGROUND
Council approved Resolution No. 1782 at the December 3, 2012 Regular Council Meeting.
Resolution No. 1782 set the public hearing date of January 7, 2013 for the proposed vacation of a
portion of the South 178th Street right -of -way.
Notices were sent out to all potentially affected property owners, tenants and utilities of record
within 500 feet of the location. To date, we have received responses to the notification from Puget
Sound Energy, Comcast, XO Communications, and the City of SeaTac.
RECOMMENDATION
Council is being asked to approve the Ordinance that will authorize the vacation of a portion of the
South 178th Street right -of -way.
Attachments: Vicinity Map
Ordinance with legal description and map
Resolution 1782
W:IPW Eng1PROJECTS1A- RW & RS Projects\S 178th St Realignment (90410405)1INFO MEMO - S 178th Street Vacation - Ordinance.docx
7
8
i
Not to Scale
Err
Area to be Vacated
0 Ea In
City Limits
Disclaimer:
The location of features and
boundaries are approximate and
are intended for reference only.
Street Vacation
Vicinity Map
GIS
Tukwila
Photo taken: Spring;; 2012
9
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING PORTIONS OF THE
EXISTING SOUTH 178TH STREET RIGHT -OF -WAY;
AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City desires to construct a fire station at the intersection of
Southcenter Parkway and South 180th Street; and
WHEREAS, this portion of South 178th Street is steeply graded and in a deficient
condition and the City desires for it to be realigned; and
WHEREAS, the realignment of South 178th Street is a project included in the City's
2012 Capital Improvement Program; and
WHEREAS, Segale Properties, LLC is the property owner abutting the South 178th
Street right -of -way; and
WHEREAS, Segale Properties, LLC has agreed that if South 178th Street is
vacated, Segale Properties, LLC will dedicate land, including a portion of the vacated
right -of -way, to be used as a fire station and will construct a realigned South 178th
Street and dedicate it to the City; and
WHEREAS, on January 7, 2013, following required public notification, the City
Council conducted a public hearing on the matter, and at the conclusion of such hearing
determined that the aforementioned right -of -way should be vacated, subject to the
condition identified in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Page 1 of 3
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Section 1. Findings and Conclusions. The City Council makes the following
findings and conclusions:
The City desires to construct a fire station at the intersection of Southcenter
Parkway and South 180th Street, but the present location and grade of South 178th
Street make locating a fire station at that intersection unfeasible. The realignment of
South 178th Street is a project included in the City's 2012 Capital Improvement
Program and upon realignment of South 178th Street, portions of South 178th Street
will not be needed for public travel as part of the City's street.
Section 2. Street Vacated. After making the above findings regarding the
proposed street vacation, the City Council finds that the easement for public vehicular
travel on portions of South 178th Street, as the right -of -way is more particularly
described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated
upon the conditions set forth herein.
Section 3. Consideration. The consideration for this vacation is the construction
and dedication of a realigned South 178th Street and dedication of a portion of the
vacated South 178th Street right -of -way for use as a fire station.
Section 4. Conditions Precedent. The following conditions shall be met prior to
vacation of portions of the South 178th Street right -of -way:
Segale Properties, LLC shall grant a public access easement, in substantially the
same form as that attached hereto as Exhibit C, to provide for continued public use of
the now existing South 178th Street until the realigned South 178th Street is
constructed and dedicated to the City.
Section 5. Duties. Upon the recording of this ordinance with King County, the
Public Works Department shall amend the City's official street map to be consistent with
this ordinance.
Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Page 2 of 3
Section 8. Effective Date. If Segale Properties, LLC provides proof of compliance
with the conditions precedent to this vacation set forth in Section 4 hereof, the street
vacation shall be effective. Otherwise, this street vacation shall be null and void. After
receipt of such proof, the City Clerk is hereby directed to record a copy of this
ordinance. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force five days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Legal Description
Exhibit B — Map
Exhibit C — Form of South 178th Street Public Access Easement
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Exhibit A
November 27, 2012
LEGAL DESCRIPTION - VACATED PORTION OF SOUTH 178th ST.
THAT PORTION OF SOUTH 178TH STREET, LYING IN THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST
OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING
WESTERLY OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER
PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS SHOWN ON
SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 20121130900001
SAID WESTERLY RIGHTS OF WAY ARE EXTENDED NORTHERLY AND
SOUTHERLY TO THEIR INTERSECTION, AND LYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT A MONUMENT IN CASE AT THE SOUTHEAST CORNER OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
35; ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 180TH STREET AS
SHOWN ON STREET PLAN AND PROFILE, L.I.D. NO. 13 ON FILE WITH THE CITY
OF TUKWILA, DATED 06/11/68; THENCE NORTH 87° 50'41 "WEST ALONG SAID
CENTERLINE 1325.13 FEET TO A MONUMENT IN CASE AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 35; ALSO BEING STATION 0 +00 FOR THE BEGINNING OF
SOUTH 178TH STREET; THENCE CONTINUING NORTH 87° 50'41 "WEST ALONG
SAID CENTERLINE 156.72 FEET TO THE AFOREMENTIONED WESTERLY RIGHT
OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER
PARKWAY EXTENSION, ALSO BEING STATION 1 +56.72 ON THE CENTERLINE
OF SAID SOUTH 178TH STREET; THENCE CONTINUING ALONG SAID
CENTERLINE NORTH 87° 50'41 "WEST 417.36 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 143.24 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 35'34 ", AN ARC
LENGTH OF 213.98 FEET TO A POINT OF REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 238.74 FEET; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 58° 22'47 ", AN ARC LENGTH OF 243.26 FEET TO A POINT
OF TANGENCY; THENCE NORTH 60° 37'54 "WEST 147.95 FEET TO
STATION 11 +79.27; THENCE LEAVING SAID CENTERLINE
SOUTH 29° 22'06 "WEST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY
MARGIN OF SAID SOUTH 178TH STREET, ALSO BEING THE POINT OF
BEGINNING FOR THIS LINE, ALSO BEING A POINT ON A NON - TANGENT CURVE
TO THE LEFT, THE RADIAL CENTER OF WHICH BEARS SOUTH 54° 32'34 "WEST
540.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 28° 02'58 ", AN ARC LENGTH OF 264.36 FEET TO THE
NORTHERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH STREET AND THE
TERMINUS OF THIS LINE.
15
16
Exhibit B
SCALE 1° = 200'
DELTA = 28'02'58"
RADIUS = 540.00'
LENGTH = 264.36'
STA 11 +79.27
SO. 178th ST.
o
ti ;.0 /L DELTA = 58 °22'47"
ry
aO• 4 RADIUS = 238.74'
<lr `w!.w«: LENGTH = 243.26'
-o
AREA TO BE VACATED
t.• .. DELTA = 8535'34"
C/L RADIUS = 143.24' -< o -
qp' LENGTH 213.98' °
STA - 1 +56.72'
SO. 178th ST.
c7- r >SO orazl➢ a3 a.- .- c.-co.v. -n t3 anauoE mam
17
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Exhibit C
Form of S. 178th Public Access Easement
Return Address
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Document Title(s) (or transactions contained therein):
Access Easement and Maintenance Agreement
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
—
Grantor(s) (Last name first, then first name and initials):
1. SEGALE PROPERTIES LLC
Grantee(s) (Last name first, then first name and initials):
1. CITY OF TUKWILA
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Section 35, Range 23 E, Township 04N
X Full legal is on page document.
Assessor's Property Tax Parcel /Account Number
ACCESS EA
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT
( "Easement ") is made as of , 20 ( "Effective Date "), by and between
SEGALE PROPERTIES LLC, a Washington limited liability company ( "Segale
Properties ") and the CITY OF TUKWILA, a Washington municipal corporation
( "City "). The parties to this Easement are referred to herein as "Party" or "Parties," as
appropriate.
19
20
RECITALS
A. On or about the Effective Date, the City of Tukwila (the "City ") will
vacate or has vacated pursuant to Ordinance No. ( "Ordinance ") a
portion of the right of way commonly known as S. 178th Street (hereinafter referred to
as "Vacated Road "). Title to the real property comprising the Vacated Road will revert
to Segale Properties by operation of law once the vacation is complete. The Vacated
Road is depicted in Exhibit A hereto.
C. Segale is relocating and reconstructing the Vacated Road to a location
south of the Vacated Road as depicted on the attached Exhibit B (the "New Road ").
Until such time as the New Road is completed the public requires access over the
Vacated Road.
D. Segale Properties has agreed to grant a perpetual public access
easement over the Vacated Road to the City, subject to the terms and conditions set
forth in this Easement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following grants, agreements,
covenants and restrictions are made:
1. Ingress and Egress Easement
Segale Properties grants to the City a perpetual, non - exclusive public access
easement for ingress and egress in, on, over, upon and across the Vacated Road
until such time as the New Road is dedicated to the City at which point this Easement
shall terminate without further action by Segale Properties or the City. The City and
all other members of the public shall be entitled to use the Segale Easement Area for
the purpose of free and unfettered access by pedestrians and vehicles.
2. Maintenance by the City
The City shall repair, maintain and keep the Vacated Road in a safe,
good and usable condition at the City's sole cost and expense.
3. Indemnity
21
The City shall indemnify, defend, hold harmless and reimburse Segale
Properties, its partners, officers, agents and employees, from and against and for any
and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs
and expenses of any kind or nature, including, without limitation, reasonable
architects', engineers', consultants', experts' and attorneys' fees that may be
imposed upon or asserted against Segale Properties by reason of (a) the City's
breach or violation of any term or provision of this Easement, (b) the City's or the
public's presence on, possession or use of, the Easement, and/or (c) any act or
omission of the City or its successors, employees, contractors, subcontractors,
licensees, tenants, guests, members of the public, invitees or agents, except claims
caused by and to the extent of the negligence of Segale Properties. The foregoing
indemnity shall include, but not be limited to, any claims for injury to or death of
persons (including, without limitation, the City's employees), damage to property,
nuisance, mechanics' and materialmen's liens, construction liens, workers'
compensation and unemployment taxes, fines and penalties, and environmental
damages.
Segale Properties shall indemnify, defend, hold harmless and reimburse the
City, its officers, agents and employees, from and against and for any and all
liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and
expenses of any kind or nature, including, without limitation, reasonable architects',
engineers', consultants', experts' and attorneys' fees that may be imposed upon or
asserted against the City by reason of (a) Segale Properties' breach or violation of
any term or provision of this Easement, (b) Segale Properties' presence on,
possession or use of, the Segale Easement Area or the Indemnified Parties' Parcels,
and /or (c) any act or omission of Segale Properties or its successors, employees,
contractors, subcontractors, licensees, tenants, guests, invitees or agents, except
claims caused by and to the extent of the negligence of the City or members of the
public. The foregoing indemnity shall include, but not be limited to, any claims for
injury to or death of persons (including, without limitation, Segale Properties'
employees), damage to property, nuisance, mechanics' and materialmen's liens,
construction liens, workers' compensation and unemployment taxes, fines and
penalties, and environmental damages.
4. Notices
Any notice required or permitted to be given under this Easement shall be in
writing and may be given by personal delivery, by certified mail or air courier, and if
given personally or by mail, shall be deemed sufficiently given if addressed to the
Parties at the following address:
22
If to Segale Properties:
Segale Properties LLC
5811 Segale Park Drive C
Tukwila, WA 98188 (for courier service only)
P.O. Box 88028
Tukwila, WA 98138 -2028 (for mail only)
Attn: Company Counsel
If to City: City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
Mailed notices shall be deemed given on the third (3`d) business day following
deposit in the United States mail, certified postage prepaid. Notices delivered
personally or by air courier shall be deemed given upon receipt.
5. Title
The rights granted herein are subject to all permits, leases, licenses,
easements and encumbrances of record, if any, affecting the Vacated Road that may
have been heretofore granted; .
6. Binding Covenant
The terms and conditions of this Easement shall constitute covenants running
with the land, and shall burden and benefit the land described herein as well as the
owners of said land and their respective successors and assigns in interest.
7. Attorneys' Fees
Each Party shall pay its respective costs in connection with the negotiation,
drafting, and execution of this Easement. It is the intention of the Parties that in the
event a Party files an action, the Party that substantially prevails in that action shall
be made whole by the other Party. Accordingly, the substantially prevailing Party
shall be entitled to attorneys' fees and all necessary litigation expenses incurred in
obtaining relief, including any appeal arising out of the action. It is the Parties' further
intent that the remedy of an award of attorney's fees and litigation expenses is to be
liberally construed so that the aggrieved Party is put in as good a position as if the
other Party had fully performed.
8. Amendments
This Easement contains all of the covenants and agreements among the
Parties with respect to the matters set forth in this agreement. No prior agreement or
understanding pertaining to the same shall be valid or of any force or effect, and the
covenants and agreements of this Easement shall not be altered, modified or added
23
to except in writing signed by the Parties, and the original thereof recorded in the real
property records of King County, Washington.
9. Severability
In the event any term, covenant, condition, provision, or easement contained
in this Easement is held to be invalid, voided or otherwise unenforceable, by any
court of competent jurisdiction, such holding shall in no way affect the validity or
enforceability of any other term, covenant, condition, provision, or easement
contained in this Easement.
10. Eminent Domain
If any part of any Vacated Road is taken by any governmental agency in the
exercise of its power of eminent domain, the award granted under such proceedings,
or any settlement in lieu thereof, for the taking of such property shall be wholly
payable to Segale Properties. If less than all of the Vacated Road is taken, the
easements granted herein shall continue in full force and effect with respect to the
portion of the Segale Easement Area not taken. If all of the Segale Easement Area
is taken, the easement granted herein shall terminate.
Entered into as of the date first written above.
CITY OF TUKWILA
A Washington municipal corporation
BY: JIM HAGGERTON
ITS: MAYOR
SEGALE PROPERTIES LLC,
a Washington limited liability company
By Metro Land Development, Inc.
Its Manager
By:
Name: Mario A. Segale
Its: President
24
STATE OF WASHINGTON )
COUNTY OF
) ss.
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared Mario A. Segale, to me known to be the person who
signed as President of Metro Land Development, Inc., Manager of SEGALE
PROPERTIES LLC, the limited liability company that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that Mario A. Segale was authorized to execute said
instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
25
STATE OF WASHINGTON )
COUNTY OF
) ss.
On this day of , 20_, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared , to me known to be the person
who signed as of the City of Tukwila, the municipal corporation that
executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses
and purposes therein mentioned, and on oath stated that was authorized to
execute said instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
26
Exhibit A
to Access Easement
Legal Description of Vacated Road
27
Exhibit B
to Access Easement
Depiction of the New Road
28
City of Tukwila
Washington
Resolution No. ��.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A
PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY
WITHIN THE CITY OF TUKWILA DEDICATED FOR
STREET PURPOSES, GENERALLY DESCRIBED AS
PORTIONS OF SOUTH 178TH STREET.
WHEREAS, the City desires to construct a fire station at the intersection of
Southcenter Parkway and South 180th Street; and
WHEREAS, this portion of South 178th Street is steeply graded and in a deficient
condition and the City desires for it to be realigned; and
WHEREAS, the realignment of South 178th Street is a project included in the City's
2012 Capital Improvement Program; and
WHEREAS, Segale Properties, LLC is the property owner abutting the South 178th
Street right -of -way; and
WHEREAS, Segale Properties has agreed that if South 178th Street is vacated,
Segale Properties will dedicate land, including a portion of the vacated right -of -way, to
be used as a fire station and construct a realigned South 178th Street and dedicate it to
the City; and
WHEREAS, pursuant to RCW 35.79.010, a public hearing on the street vacation
must be set by resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing regarding the vacation of a portion of the right -of -way
abutting South 178th Street, more particularly described on the attached map and legal
description, shall be held before the Tukwila City Council in the City Council Chambers
W: \Word Processing \Resolutions \Public hearing for vacation of ROW at S 178th 11 -28 -12
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29
at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on January 7,
2013, which is not less than 20 nor more than 60 days from the date of passage of this
resolution, at which time all persons interested in said right -of -way vacation are invited
to appear and be heard.
Section 2. The City Clerk is directed to post written notice of pendency of the
public hearing in three public places in the City of Tukwila and in one additional
conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the
date set for the public hearing.
PASSED BY THE CITY COWNCAL OF THE CITY F TUKWILA, WASHINGTON, at
a Regular Meeting thereof this nil day of bs2✓' , 2012.
ATTEST /AUTHENTICATED:
(j,r1T ,-� � Christy O'y, MMC, City Clerk eal, Council President
APPROVED AS TO FORM BY:
Shelley M. Ker
Attorney
Attachments: Map and Legal Description
erns S
Filed with the City Clerk: ) )
Passed by the City Council:
Resolution Number:
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30
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
01/07/13
CO
ITEM INFORMATION
ITEM No.
6.A.
31
STAFF SPONSOR:
ORIGINAL AGENDA DATE: 1/7/13
AGENDA ITEM TITLE
Election
of Council President for 2013
1/7/13
Motion
Date 1/7/13
❑ Resolution
Mtg Date
❑ Ordinance
Council.
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY L Discussion
/1
Mtg Date
Mtg
❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR L Council
SPONSOR'S At the first Council meeting in January each year, the Council President is elected.
SUMMARY
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte
❑ Utilities Cmte ❑ Arts Comm.
DATE:
/1 F &S Cmte
❑ Transportation Cmte
Comm. ❑ Planning Comm.
CHAIR:
❑ Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
1/7/13
No attachments
31
32
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayors review
Council review
01/07/13
CO
co
ITEM INFORMATION
ITEM No.
6.B.
33
STAFF SPONSOR: CHRISTY O'FLAHERTY
ORIGINAL AGENDA DATE: 1/7/13
AGENDA ITEM TITLE
A resolution formally
accepting
the Council Committee Schedule
1/7/13
❑ Motion
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY ►1 Discussion
►1 Resolution
Mtg Date
Mtg Date 1/7/13
SPONSOR ❑ Council
❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW
►1 Mayor
SPONSORS It is in the best interest of the City to adopt a Council resolution establishing the meeting
SUMMARY dates, times, and locations of the 4 standing Council Committees. Resolution #1760
adopted the Council Committee schedule for 2012. In 2013, there have been changes to
the Committee schedule, necessitating an updated resolution.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
City Clerk
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
1/7/13
Informational Memorandum dated 12/20/12
Resolution in final form
33
34
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Christy O'Flaherty, City Clerk
DATE: December 20, 2012
SUBJECT: A Resolution formally adopting the Council Committee Meeting Schedule
ISSUE
It is in the best interest of the City to adopt a Council resolution establishing the meeting dates,
times, and locations of the 4 standing Council Committees. Resolution #1760 adopted the
Council Committee schedule for 2012. In 2013, there have been changes to the Committee
schedule, necessitating an updated resolution.
BACKGROUND
The Council passed Ordinance #2024 on July 21, 2003 which established Council Meeting
procedures. Section 2.04.180 states there are 4 standing Committees of the Council, consisting
of 3 members each. The ordinance specifies the Council President shall appoint the
membership of each Committee, and the Committee Chair shall set the schedule of meetings.
DISCUSSION
RCW 42.30.030 states "All meetings of the governing body of a public agency shall be open and
public and all persons shall be permitted to attend any meeting of the governing body of a public
agency, except as otherwise provided in this chapter."
To ensure the greatest adherence to the Open Public Meetings Act, it is in the best interest of
the City to formally adopt legislation, by way of a resolution, that establishes the Council
Committee meeting days, times, and locations.
RECOMMENDATION
The Council is being asked to consider this item at the January 7, 2013 Council Meeting.
ATTACHMENTS
Resolution in final form
W:12013 Info Memos- CouncillCommitteeSchedule.doc
35
36
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING THE MEETING
SCHEDULE FOR CITY COUNCIL COMMITTEES, AND
REPEALING RESOLUTION NO. 1760.
WHEREAS, RCW 42.30.030 states that all meetings of the governing body of a
public agency shall be open and public; and
WHEREAS, all persons shall be permitted to attend any meeting of the governing
body of a public agency; and
WHEREAS, it is in the best interest of the City to inform all citizens of all City
Council Committee meeting days, times and locations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to City of Tukwila Ordinance No. 2024 and Tukwila Municipal
Code Section 2.04.180, there are four standing committees of the Council, consisting of
three members each. A quorum of the Tukwila City Council (four members) will not be
present at any Council Committee meetings. The Council President shall appoint the
membership of each committee and the Committee Chair by the second Regular
Meeting of each year. The Chair for each committee shall set the schedule of meetings
and cause them to be published. All meetings are open to the public.
Section 2. The Council Committee meeting schedule and locations are as follows:
1. Community Affairs and Parks Committee meetings shall be held on the
second and fourth Monday of every month at Tukwila City Hall, 6200 Southcenter
Boulevard, Tukwila, Washington, in Conference Room No. 3, commencing at 5:15 p.m.
2. Finance and Safety Committee meetings shall be held on the first and third
Tuesday of every month at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila,
Washington, in Conference Room No. 3, commencing at 5:30 p.m.
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37
3. Utilities Committee meetings shall be held on the first and third Monday of
every month at the City of Tukwila Public Works Department, 6300 Southcenter
Boulevard, Tukwila, Washington, Suite 100, commencing at 5:00 p.m.
4. Transportation Committee meetings shall be held on the second and fourth
Tuesday of every month at the City of Tukwila Public Works Department, 6300
Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:00 p.m.
Section 3. Committee meetings falling on a Monday holiday will be held on
Tuesday, with the regularly scheduled Tuesday meeting moving to Wednesday. In the
event there is a Tuesday holiday, the Committee meeting will move to Wednesday.
Section 4. In the event there is a fifth Monday in a month, there will be no Council
Committee meetings during that week.
Section 5. Repealer. Resolution No. 1760 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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Page 2 of 2
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
01/07/13
Prepared by Mayor's review
BG .1
Council review
ITEM INFORMATION
ITEM NO.
6.C.
39
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 01/07/13
AGENDA IILM TITLE Suburban
Lease
Cities Association (now Sound Cities Association)
Agreement for 6300 Building Suite 206
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 01/07/13
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
■
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ■ PW
SPONSOR'S In April 2006, the City entered into a five year lease of Suite 206 in the 6300 Building for
SUMMARY 1,100 sf with Suburban Cities (SCA). The rent was increased by 10% each year, but
Amendment #1 readjusted the rent amounts and extended the lease through January 31,
2013. Amendment #2 added billable IT service. SCA would like to expand into Suite 212
and PW staff will relocate to Suite 100. Council is being asked to approve the new lease
agreement with SCA for 3 years with a rent of $1,703.33 /month for a total of 1,460 sf.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DA "IL: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Public Works Department
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: GENERAL FUND REVENUE
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
01/07/13
MTG. DATE
ATTACHMENTS
01/07/13
Informational Memorandum dated 1/4/13
Sound Cities Association Lease Agreement
39
40
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
FROM: Bob Giberson, Public Works Director
DATE: January 4, 2013
SUBJECT: Suburban Cities Association (now Sound Cities Association)
New Lease Agreement — Suite 206, 6300 Building
ISSUE
Approve the new lease agreement with Sound Cities Association (SCA, formerly known as
Suburban Cities Association).
BACKGROUND
In April 2006, the City entered into a five year lease of Suite 206 in the 6300 Building (1,100
rentable square feet) with SCA that included telephone service. The rent started at $825 /month
in 2006 and was increased by about 10% every year until 2010 with a rent of $1,192/mo.
Amendment #1 was processed in January 2010 to extend the lease by three years and and
adjusted the 2010 rent downward to $1,128.42/mo, and set the rent for 2011 at $1,184.33/mo
and set 2012 rent at $1,243.92/mo.
Amendment #2 was processed in January 2012 to add in IT services for network and technical
support at the billable rate of $75 /hour for technical work and $100 /hour for network and
managerial support.
A new lease agreement was negotiated to include an additional 360 square feet of space and a
new monthly rent of $1,703.33 for 2013, $1,764.17 for 2014, and $1,825.00 for 2015.
DISCUSSION
The current lease with SCA expires on January 31, 2013. SCA has submitted a remodel plan to
the building department for review to gain partial approval of their expansion. The remainder of
the approval is through this new lease agreement.
The expansion of Suite 206 for SCA will result in the reduction of floor space for Public Works
Project Management staff in Suite 212. To accommodate this reduction, we are looking at
moving a few staff downstairs in Suite 100. The cost of the move downstairs will include a few
additional network and phone connections, cubicle panels and minor office adjustment costs.
The additional rent for the expanded space will cover the relocation costs for Public Works.
RECOMMENDATION
Council is being asked to authorize the Mayor to sign a new lease agreement with SCA for a
term of three years and a rent of $1,703.33 per month for 2013 including rent of an additional
360 square feet and consider this item at the January 7, 2013 Regular Meeting. (With no
Council Committee meetings in early January, in order to meet the necessary timeline, staff is
requesting consideration of this item at this meeting.)
Attachments: SCA Lease Agreement
W: \2013 Info Memos - Council \SCA 2013 Lease.doc
41
42
LEASE AGREEMENT
This Lease Agreement (the "Lease ") is entered into on this day of , 20_, between the
City of Tukwila, a Washington municipal corporation, (the "City") and Sound Cities Association (the
"Lessee ", formerly known as "Suburban Cities Association "). The City and Lessee agree as follows:
1. PREMISES: The City leases to Lessee the commercial property currently situated at Suite 206,
6300 Southcenter Boulevard, Tukwila, Washington (the "Premises "), which consists of
approximately 1,460 rentable square feet. The premises do not include the exterior walls, roof,
land beneath, pipes, ducts, conduits, wires, fixtures and equipment above the suspended ceiling.
2. TERM: The term of this Lease shall commence on February 1, 2013 and shall terminate in 36
months on January 31, 2016, in accordance with the termination provisions set forth in Section 23,
unless sooner terminated as a result of Lessee's default hereunder. Upon termination of this Lease,
Lessee shall surrender all keys and/or access cards to the City at the place then fixed for notice.
3. POSSESSION: Lessee shall be deemed to have accepted possession of the Premises in an "as -is"
condition. The City makes no representations to Lessee regarding the Premises including the
structural condition of the Premises and the condition of all mechanical, electrical, and other
systems. Lessee shall be responsible for performing any work necessary to bring the Premises into
condition satisfactory to Lessee. Lessee shall not engage in any improvements or alterations to the
Premises without the express written consent of the City.
4. RENT: The monthly base rent shall be set at $14.00 per square feet per year, or $1,703.33 per
month ($20,440 per year) for the period from February 1, 2013 through January 31, 2014, $14.50
per square feet per year, or $1,764.17 per month ($21,170 per year) for the period of February 1,
2014 through January 31, 2015 and $15.00 per square feet per year or $1,825.00 per month
($21,900 per year) for the period of February 1, 2015 through January 31, 2016. Rent shall be due
on the 1st day of each month. If any sums payable by Lessee to the City are not received by the
fifth (5) day of each month, Lessee shall be responsible for paying a late payment for the cost of
collecting and handling the late payment. The amount of the late payment shall be five (5) percent
of the delinquent amount and shall be in addition to the delinquent amount due. In addition, all
delinquent sums not paid within thirty (30) days of the date due shall bear interest at the rate of
twelve (12) percent per annum or the highest rate of interest allowable by law, whichever is less.
Interest on all delinquent amounts shall be calculated from the original due date to the date of
payment. The City's acceptance of less than the full amount of any payment due from Lessee shall
not be deemed an accordance and satisfaction or compromise of such payment. The City and
Lessees agree that Lessees Pro Rata share is 3.45 %, based on the ratio of the agreed rentable area of
the Premises to the agreed rentable area of the Building and all other buildings on the Property as of
the date of this Lease.
5. SECURITY DEPOSIT: Upon execution of this Lease, Lessee shall deliver to the City a security
deposit in the amount of $0 (no security deposit required on prior lease). If Lessee breaches any
covenant or condition of this Lease including but not limited to the payment of Rent, the City may
apply all or any part of the security deposit to the payment of any sum in default or any damages
suffered by Landlord as a result of Lessee's breach. Any payment to the City from the security
deposit shall not be construed as a payment of liquidated damages for any default. If Lessee
complies with all of the covenants and conditions of this Lease throughout the Lease term, the
Sf ct, G, f GtNnt- S Page 1 of 8
SCA LEASE AGREEMENT
43
security deposit shall be repaid to Lessee without interest within thirty (30) days after the vacation
of the Premises by Lessee.
6. USE: Lessee shall use the Premises for the following purposes: general office use. The Premises
shall be used only for the uses specified herein and for no other business or purpose without the
prior written consent of the City. No act shall be done on or around the Premises that is unlawful
or that will increase the existing rate of insurance on the Premises or cause the cancellation of any
insurance on the Premises. Lessee shall not commit or allow to be committed any waste upon the
Premises or any public or private nuisance. Lessee shall not do or permit anything to be done on
the Premises which will obstruct or interfere with the rights of other tenants, or occupants of the
Premises or their customers, clients, and visitors or to injure or annoy such persons.
7. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessee shall, when and if
needed, at Lessee's sole expense, make repairs to the Premises and every part thereof; and Lessee
shall maintain the Premises in a neat, clean, sanitary condition. Lessee shall surrender the Premises
to the City in good condition upon the termination of this Lease, reasonable wear and tear excepted.
8. SIGNAGE: Lessee shall obtain the City's written consent before installing any signs up on the
Premises. Lessee shall install any approved signage at Lessee's sole expense and in compliance
with all applicable laws. Lessee shall not damage or deface the Premises when installing or
removing signage and shall repair any injury or damage to the Premises caused by such installation
or removal.
9. UTILITIES: City shall provide the Premises the following services, the cost of which shall be
included in the rent: water, electricity, heating, cooling seven (7) days per week, and janitorial
service five (5) nights per week, exclusive of holidays.
The City shall provide six (6) extensions to the City phone system for use by the Lessee. City shall
be responsible to maintain the phone system at no additional cost to the Lessee. Lessee shall be
responsible for all costs associated with long distance and other toll calls which may be billed
separately by City.
The City shall provide Informational Technology (IT) services to the Lessee with the agreement
that:
a) The City shall invoice the City monthly for any technical support billed in 0.25 hour
increments, with a minimum 0.25 hour charge, at a rate of $75 /hour for the City's IT field
technicians for walk -in or call -out visits, and $100/hour for network support and managerial
support/consulting. All work performed will be during standard office hours of 8:30 a.m. to
5:00 p.m. during the City's regular, non - holiday business hours.
b) Any after -hours emergency call -outs or any mutually agreed upon after -hours project work
that might be necessary will be billed in one -hour increments at a flat rate of $150 /hour with
a minimum charge of one hour.
c) A detailed Lessee hardware equipment and software inventory listing will be provided to the
City upon the signing of this Lease and will be updated annually. Any hardware equipment
or software requested for purchase by the City to update the Lessee's inventory will be billed
at the actual costs with addition of the City's staff time necessary to order the equipment to
SCA LEASE AGREEMENT Page 2 of 8
44
specification. Any hardware equipment or software purchased by the Lessee will be first
reviewed approved by the City's technical staff for system compatibility and supportability.
d) A virus checking software that has been approved by the City will be mandatory on all Lessee
computers, laptops, and servers in use by the Lessee. Any virus signature files released by
the virus checking software company will be set to automatically update to keep the Lessee
on the latest version available.
e) A City- approved data backup program will be mandatory, and will be configured to
automatically back up any of the Lessee's server -based live, primary data. Data that is stored
only locally (computers, laptops) will NOT be backed up nor monitored, and is kept locally
at the Lessee's own risk. The performance of the backup program will be monitored and
periodically tested by both parties.
10. DESTRUCTION OF PREMISES: If the Premises are completely or partially destroyed by fire or
other casualty, or if they are damaged by an uninsured casualty, or by an insured casualty to such an
extent that the damage cannot be repaired within sixty (60) days of the occurrence, Lessor shall have
the option to restore the Premises or to terminate this Agreement on thirty (30) days written notice, and
Lessee shall have the option to terminate this Agreement on thirty (30) days written notice, effective as
of any date not more than sixty (60) days after the occurrence. If this Section becomes applicable,
Lessor shall advise Lessee within thirty (30) days after such casualty whether Lessor elects to restore
the Premises or to terminate this Agreement. If Lessor elects to restore the Premises, it shall
commence and prosecute the restoration work with diligence. For the period from the date of the
casualty until completion of the repairs (or the date of termination of this Agreement, if Lessor elects
not to restore the Premises), the monthly minimum rent shall be abated in the same proportion that the
untenantable portion of the Premises bears to the whole thereof, unless the casualty results from
Lessee's negligence or its breach of its obligations under this Agreement.
11. HAZARDOUS SUBSTANCES: Lessee shall not generate, release, spill, store, deposit, transport, or
dispose of (collectively "Release ") any hazardous substances, sewage, petroleum products, radioactive
substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic
substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable
federal, state and local laws and regulations in any reportable quantities (collectively "Hazardous
Substances ") in, on or about the Premises. Lessee shall attach a separate list of Hazardous Substances
they propose to store on site and Lessor must accept the list in writing or the Hazardous Substances
cannot be stored on site. Lessee shall indemnify, hold harmless, and defend Lessor from any and all
claims, liabilities, losses, damages, clean -up costs, response costs and expenses, including reasonable
attorney's fees, arising out of or in any way related to the Release by Lessee, or any of its agents,
representatives or employees, or to the presence of such Hazardous Substances in, on or about the
Premises occurring at any time after the effective date of this Agreement to the full extent of Lessee's
liability.
12. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior written consent of
the City, Lessee may make, at its sole expense, such additional improvements or alterations to the
Premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee
shall be done in conformity with plans and specifications approved by the City. All work
performed shall be done in a workmanlike manner and shall become the property of the City.
SCA LEASE AGREEMENT Page 3 of 8
45
Expansion: In consideration for expansion into the City's Suite 212 by 460 square feet, Lessee
agrees to have their architect conduct a conceptual space needs analysis and
conceptual remodel design of the remaining area of Suite 212 to study how to
remodel the remaining space to accommodate existing staff.
13. LIENS: Lessee shall keep the Premises free from any liens arising out of any work performed,
materials furnished, or obligations incurred by Lessee, including those utilities which Lessee is
responsible for.
14. INSURANCE: The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance of
insurance as required by the agreement shall not be construed to limit the liability of the Lessee to
the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance.
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The
City shall be named as an insured on Lessee's Commercial General Liability insurance
policy using ISO Additional Insured- Managers or Lessors of Premises Form CG 20 11 or
a substitute endorsement providing equivalent coverage.
2. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
2. Property insurance shall be written covering the full value of Lessee's property and
improvements with no coinsurance provisions.
C. Other Insurance Provisions.
The Lessee's Commercial General Liability insurance policy or policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect to the City. Any insurance,
self - insurance, or insurance pool coverage maintained by the City shall be in excess of the
Lessee's insurance and shall not contribute with it.
D. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage.
SCA LEASE AGREEMENT Page 4 of 8
46
Lessee 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 Lessee.
F. Waiver of Subrogation.
Lessee and the City hereby release and discharge each other from all claims, losses and
liabilities arising from or caused by any hazard covered by property insurance on or in
connection with the premises or said building. This release shall apply only to the extent that
such claim, loss or liability is covered by insurance.
G. City's Property Insurance.
The City shall purchase and maintain during the term of the lease all -risk property insurance
covering the Building for their full replacement value without any coinsurance provisions.
H. Notice of Cancellation.
The Lessee shall provide the City with written notice of any policy cancellation, within two
business days of their receipt of such notice.
I. Failure to Maintain Insurance.
Failure on the part of the Lessee to maintain the insurance as required shall constitute a
material breach of Lease, upon which the City may, after giving five (5) business days notice
to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand.
15. INDEMNIFICATION: Lessee shall defend, indemnify, and hold harmless the City, its officers,
officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities
for injury or death of any person, or for loss or damage to property, which arises out of Lessee's
use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done,
permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as
shall have been occasioned by the sole negligence of the City.
16. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof,
either by operation of law or otherwise, without first obtaining the prior written consent of the City.
17. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or
provisions of this Lease, where such failure shall continue for a period of ten (10) days after written
notice from the City to cure the default, shall constitute a default and breach of the Lease by the
City. Lessee shall notify the City promptly of any default not by its nature necessarily known to the
City.
18. ACCESS: After reasonable notice from the City (except in cases of emergency where no notice is
required), Lessee shall permit the City and its agents, employees, and contractors to enter the
Premises at all reasonable times to make repairs, alterations, improvements, or inspections. This
Section shall not impose any repair or other obligation upon the City not expressly state elsewhere
in this-Lease.
SCA LEASE AGREEMENT Page 5 of 8
47
19. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost
and expense, promptly comply with all laws, statutes, ordinances, and governmental rules,
regulations or requirements now in force or which may hereafter be in force relating to or affecting
the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and
comply with the rules and regulations that the City shall from time to time promulgate, including,
without limitation, those regulations affecting signage on the Property.
20. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or
licenses that are necessary to perform the work and covenants of this Lease.
21. PROPERTY TAXES: The City shall be responsible paying all property taxes on the premises.
22. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by
certified mail or delivered to the City at the address below stated, or to Lessee at the address below
stated or to such other address as either party may designate from time to time:
CITY OF TUKWILA: LESSEE:
CITY OF TUKWILA
ATTN: Mayor's Office
6200 Southcenter Boulevard
Tukwila, Washington 98188
SCA
ATTN: Deanna Dawson, Executive Director
6300 Southcenter Boulevard, Suite 206
Tukwila, WA 98188
23. TERMINATION: Either party has the right to terminate this Agreement if the other party is in
default of any material obligation or representation of this Lease which default is incapable of cure,
or which being capable of cure, is not cured within ten (10) days after receipt of written notice of
such default.
24. 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.
25. AUTHORITY OF LESSEE: Lessee, and each individual executing this Lease on behalf of
Lessee, represent and warrant that s /he is duly authorized to execute and deliver this Lease, and that
this Lease is binding upon Lessee in accordance with its terms.
26. WAIVER AND FORBEARANCE: No waiver by the City of any breach or default by Lessee of
any of its obligations or agreement or covenants herein, shall be deemed to be a waiver of any
subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall
forbearance by the City to seek remedy for any breach or default of Lessee be deemed a waiver by
the City or its rights and remedies with respect to such breach or default.
27. ENTIRE AGREEMENT; MODIFICATION: This Lease, together with any attachments or
addenda, represents the entire and integrated Lease Agreement between the City and the Lessee and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment or
modification of this Lease shall be of any force or effect unless it is in writing and signed by the
parties.
SCA LEASE AGREEMENT Page 6 of 8
48
28. SEVERABILITY AND SURVIVAL: If any term, condition or provision of this Lease 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
Lease, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Lease, shall survive termination of this Lease.
IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written.
CITY OF TUKWILA: LESSEE:
By: By:
Its: kIGti Ty** Its: flea her Are+ 4--
Date: Date: / Zi( /(1/'�'�
APPROVED AS TO FORM:
Of ice of the
City O y y
STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that y •4 c o QActc,.\ , Mayor, is
the person who appeared before me, and said person acknowledged that they signed this instrument, and
on oath stated that they were authorized to execute the instrument on behalf of the City of Tukwila and
acknowledged it to be his /her free and voluntary act for the purposes mentioned in the instrument.
DATED:
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of Washington
My appointment expires:
[Stamp or Seal]
SCA LEASE AGREEMENT Page 7 of 8
49
STATE OF WAShinj
COUNTY OF n�
) ss.
I certify that I know or have satisfactory evidence that Deanna %✓S4-1 is the person
who appeared before me, and said person acknowledged that said person signed this instrument, and on
oath stated that said person was authorized to execute the instrument and acknowledged it to be his/her
free and voluntary act for the purposes mentioned in the instrument.
DATED: DeCtinOW 1/2-1
[Stamp or Seal]
(Signature of Notary)
K-kisf-ti4 U -Je 11
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of OJ
My appointment expires: 12- 127 ! 2-613
SCA LEASE AGREEMENT Page 8 of 8
50
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council r view
01/07/13
KAM
~.
01/07/13
01/22/13
KAM
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
@ Resolution
Mtg Date
Mtg Date 01/22/13
❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW
SPONSOR @ Council
SPONSOR'S Staff has prepared a DRAFT 2013 Legislative Agenda /Priorities for Council consideration.
SUMMARY The agenda is intended to be utilized as a tool for Councilmembers when they meet with
state legislators in Olympia in February.
The Council is being asked to adopt a Resolution that identifies the agreed upon priorities.
ITEM INFORMATION
ITEM No.
6.D.
51
STAFF SPONSOR: KIMBERLY MATE)
ORIGINAL AGENDA DATE: 01/07/13
AGENDA ITEM TITLE
Draft Resolution
for Council's
2013 State Legislative Priorities
01/07/13
❑ Motion
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
@ Resolution
Mtg Date
Mtg Date 01/22/13
❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW
SPONSOR @ Council
SPONSOR'S Staff has prepared a DRAFT 2013 Legislative Agenda /Priorities for Council consideration.
SUMMARY The agenda is intended to be utilized as a tool for Councilmembers when they meet with
state legislators in Olympia in February.
The Council is being asked to adopt a Resolution that identifies the agreed upon priorities.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Council President
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
01/07/13
01/22/13
MTG. DATE
ATTACHMENTS
01/07/13
Informational Memorandum dated 12/31/12
AWC list of 2013 Legislative Priorities
City of Tukwila 2012 Legislative Priorities - State Issues
Draft Resolution (Attachment A to be provided at 01/22/13 Regular Meeting)
51
52
City of Tukwila
City Council
MEMORANDUM
TO: Tukwila City Council
FROM: Kimberly Matej, Government Relations Manager
CC: Mayor Haggerton
David Cline, City Administrator
DATE: December 31, 2012
SUBJECT: Legislative Agenda/Priorities for 2013 Session
The State Legislature is scheduled to begin the 105 -day regular session on Monday, January 14,
2013, and end on April 28, 2013. This is the first year of the Legislature's biennium legislative cycle,
and it is anticipated this will be another financially challenging year for the State of Washington.
Governor -elect Inslee will take office on January 14, 2013; however, notwithstanding his election,
Governor Gregoire is still required to propose a budget for FY 2013 -2015 which she did on December
18. She released two versions of her proposed state budget. One proposal relies only on existing
revenues and includes $117 million in cuts to local governments. The second includes new revenues,
spending cuts, budget transfers and direct impacts to cities. Regardless of the sitting Governor's
budget, Governor -elect Inslee will have the ultimate authority and decision - making power to propose
a budget as he sees fit. At a recent Mayor's Exchange, Dave Williams, AWC's Director of State and
Federal Legislative Relations, described the Association's view of this year's state budget very
succinctly — retain, restore, and preserve. You will find the City's recommended legislative priorities
mirror this same view.
Other Considerations for the Session
In addition to a new governor, other considerations which will affect this session's outcomes include a
recent case (McCleary v. State of Washington) that challenged the adequacy of state funding for K-
12 education. The resulting court decision mandates an increase in education spending with the
State's plan to fully implement education reforms by 2018. Some estimates suggest that this will take
over a $1 billion of funding in the 2013 -2105 biennium. Also, the implementation of the new federal
health care law may result in an increase in Medicaid recipients that must be accounted for in the
State's next budget.
Issues in the Other Washington
The Association of Washington Cities has identified four key issues that are expected to impact
federal decisions this coming year, all of which will lead to significant impacts here at home. In
summary, they are:
• Fiscal Cliff
• Sequestration
This refers to across the board budget cuts without any discussion of program priority. This
process requires $109 billion be cut the first year.
• Market Place Fairness Act
Essentially a federal level streamlined sales tax that grants authority for online retailers to
collect sales tax.
• Potential loss of the Tax Exempt Status of Municipal Bonds
53
2013 Council Legislative Priorities page 2
Redistricting and State Representation
Every ten years following the completion of the U.S. Census, the Washington State Redistricting
Commission is required to redraw all the legislative and congressional district lines so that each
district has approximately the same number of people in it (equal representation). Legislatively,
Tukwila is now located 100% in the 11th District. The City is no longer part of the 33rd or 37th Districts.
Representative Zach Hudgins will continue to serve as the City's State Representative after his re-
election to Position No. 1, and he will be joined by Representative -elect Steve Berquist in Position No.
2. After serving the City as State Senator since 1993, the Honorable Margarita Prentice has chosen
to retire. Senator -elect Bob Hasegawa (formerly Representative) won election to seat vacated by
Senator Prentice.
The Legislative Agenda
As with most legislative agendas, it is important to note that usually a city will choose items for
highlighting to local representatives (i.e.: priorities); however, that does not preclude the City from
supporting, opposing, monitoring issues or directly contacting legislators regarding additional items
not specifically highlighted on the published legislative agenda. For example, City departments will
often advocate for the Council to support or oppose specific items in response to which the Council
can meet directly with the appropriate state representatives regarding said issues.
For your review and discussion, recommended legislative priorities to focus on during the legislative
session are outlined below. The order in which items are listed does not reflect the importance of any
item. After Council discussion, staff will provide a 2013 Legislative Agenda — State Issues in final form
for review at the January 21 Regular Council Meeting.
City Fiscal Health & State Shared Revenues
SUPPORT: Maintaining Streamlined Sales Tax Mitigation Payments
Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated
to that source and are not utilized or reduced to balance the state budget. Cities have already
suffered from reduced SST payments from the state. Any legislation making this reduction permanent
will be considered harmful to the City as we struggle to fund basic services.
SUPPORT: Reinstatement Local Share of Liquor Revenues
Restoring both the $10 million in liquor taxes to cities that was taken last legislative session to help
balance the state budget and the pre- initiative liquor profit sharing system will stop the loss of
additional funding for public safety that was approved by Initiative 1183 as well as the loss of growth
from liquor revenues going forward.
OPPOSE: Reductions to the Public Works Trust Fund (PWTF)
Currently, the City of Tukwila has four (4) projects on the Public Works Board Recommended 2014
Construction Loan List with a loan request of $9.6 million and a total projects cost of $28.4 million.
Diverting funds from this revolving LOAN program will reduce infrastructure spending now, and in the
future as the loan repayment stream is diminished. Infrastructure projects create and sustain jobs and
that the PWTF is a crucial source of state funding for local infrastructure.
General Government Operations
SUPPORT: Tools for Addressing Burdensome Public Records Requests to Cities
Tukwila is committed to transparency in government as well as pro- actively providing access to public
records; however, our ability to do so is hampered by those who abuse the law to harass local
government or for monetary gain. The City supports legislation that provides tools for addressing
such public records requestors who are abusive and harassing. This could include injunctions and
dedicated resource thresholds.
54
2013 Council Legislative Priorities page 3
Transportation & Infrastructure
SUPPORT: State & Local Transportation Funding — Preserve and Enhance
Support legislation which increases flexibility of use of existing revenues and implements new
revenues for use in expansion, maintenance and repair of transportation mechanisms; including such
items as street utility capability for cities and counties. This includes street maintenance, storm water,
local transportation and public works assistance such as fully funding the PWTF. State revenue
proposals should contain a significant share of funding to assist cities while providing for new local
options.
Law, Justice & Public Safety
OPPOSE: Required Election of Municipal Court Judges & Regionalization of Courts
The City opposes any legislation requiring the election of municipal court judges or regionalization of
courts. Appointed judges and municipal courts provide cities with flexible options for efficient court
operations, cost effective measures, and accessibility to the community.
SUPPORT: Tools for Combating Gang Activity
The City of Tukwila has firsthand experience with the results of gang activity within the community. As
such, we are interested in ongoing collaboration of activities and funding that provides tools to
address gang prevention and intervention, as well as civil and criminal ways to address gang activity.
Continued Funding for Human Services
Especially during turbulent economic times, the City of Tukwila recognizes and is committed to
continue funding of human services programs. In consideration of this local commitment, we
encourage our State legislators to maintain human services funding recognizing the need of these
vital services throughout our local communities. Programs addressing the needs of vulnerable
individuals and families include but are not limited to: mental health, basic health, affordable
childcare, hunger relief, housing and homelessness, and substance abuse.
Unfunded Mandates & Transferring Responsibilities
Over the past several years, local municipalities have been burdened with the transfer of
responsibilities from the state as well as the addition of new regulations (unfunded and underfunded).
Cities have been struggling financially to simultaneously streamline and maintain services in the midst
of budget cuts and the taking of shared revenues. Stopping this problematic cycle is essential to the
efficient functioning and financial sustainability of local governments.
For your review, I have attached a copy of AWC's 2013 Legislative Priorities.
55
56
Washington's 281 cities and towns provide vita
services to most of the state's citizens and
businesses. Our state's economy depends on
maintaining and promoting strong city economies.
Our state's quality of Life depends on vibrant,
healthy, and diverse neighborhoods. Cities play an
integral role in partnerships between public and
private interests to ensure public confidence in the
ability of government to be a constructive force in
our communities.
To advance these goals, our cities have developed
and embraced the following priorities:
Ensure fiscal sustainability and
�����i��w
'-_—'_'-�
• Restore diverted liquor revenue and retain
existing state-shared city revenues during these
fiscally challenging times.
• Preserve current local revenue authorities like
local business licensing taxes and seek to develop
new options.
• Retain flexibility in using Lodging Tax for
operations and non-profits.
Foster and invest in
infrastructure and economic
development
• Collaborate with the state to increase multi-
modal transportation funding and expand
sustainable revenue options.
• Authorize tax increment financing and fine-tune
other tools that help foster job creation and
retention in cities.
• Keep funding for critical infrastructure programs
like the Public Works Trust Fund and don't divert
capital investment dollars to the general fund.
Enhance service provision
• Allow cities to be more flexible and responsive
to fiscal challenges such as managing personnel
costs.
• Provide state funding for critical mandates
like municipal stormwater permits and refrain
from adding any new unfunded or underfunded
mandates.
• Strengthen public records access by curbing
abusive requests.
In addition, AN[ has identified a number of other
issues important to cities across the state. A full list
with adopted positions can be found at awcnet.org.
•
For more information, contact:
Dave Williams
IDirector of State & Federal Relatio
davew@awcnet.org. 360-753-413
Or contact one of our lobbyists:
Candice Bock
Law & justice, personnel, pensions
records, social services
candiceb@awcnet.org
Victoria Lincoln
Energy, general government op
municipal finance, state budge
telecommunications
victorial@awcnet.org
Carl Schroeder
Environment, housing, land use
carb@awcnet'org
Dave Williams
(until 1-7-13, then Alison Hellberg)
Economic development, infrastructure,
transportation
davew@awcnet.org
°
Association of Washington Cities • 1076 Franklin St SE, Olympia,WA 98501 awcnetorg
58
City of Tukwila
2012 Legislative Priorities • State Issues
Adopted by the Tukwila City Council on January 17, 2012
During the second year of the Washington State Legislature's 2011-12 biennium legislative cycle, the City of Tukwila will
focus on the following legislative priorities:
City Fiscal Health
MONITOR: Streamlined Sales Tax (SST) Mitigation
Ensure that State monies committed for SST mitigation continue to remain dedicated to that source and are not utilized to
balance the state budget. The Governor's 2012 supplemental budget appropriates $47.4 million for SST mitigation which
reflects a 10% reduction ($2.2 million) from the budget which passed the Legislature last June. Legislation making this
reduction permanent will be considered during this session. Additionally, it is important to continue addressing inconsistencies
and applicability in SST mitigation where and when appropriate.
.01■111TOR & OPP SE: Further ':.eductions to State Shared Revenues
Maintaining the level of revenues shared between the State and local governments is an integral part of local government's
ability to provide communities with basic services. Any reduction to these revenues will continue to negatively impact local
cities' existing budget challenges. Shared revenues include: Liquor Revolving Account, Liquor Excise Tax and SST.
SUPPORT: Flexibility on Use of Existing Revenue Sources
Increase the flexibility of cities' ability to spend revenue. Ease restrictions on how local governments can spend their own.
revenue (including REET) to best meet local needs, and preserve local taxing authority that reflects community priorities.
General Government Operations
SUPPORT: Pro-Active Approaches to Reduce Impact of Public Records Requests to Cities
Actively support efficient responses to and delivery of public records while reducing requests that increase local costs without
enhancing transparency or the public's right to know. Provide legislative clarification that the public records process is not
intended to be used for commercial purposes.
Environment & Water
SUPPORT: Amending SEPA to increase Efficiencies
The Growth, Shoreline and Water Management Acts have substantially strengthened environmental protection regulations over
the years, resulting in excessive SEPA applicability. Legislation that eliminates redundancies between SEPA and these Acts will
allow more flexibility in local government and create efficiencies without backsliding in environmental protection.
Transportation & Infrastructure
SUPPORT: Transportation & Infrastructure Enhancements
Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion,
maintenance and repair of transportation mechanism; including such items as street utility capability for cities and counties.
This includes street maintenance, stormwater, local transportation and public works assistance.
Law, Justice & Public Safety
OSE: Nuked Election of Municipal Court Judges
The City will continue to oppose legislation requiring the election of municipal court judges. Municipal court appointments are
cost effective, judges are qualified and ethical, and appointments give cities flexible options for efficient court operations.
MONITOR: Medical Marijuana
Additional legislation is expected to be introduced this session which will address restrictions and clarification of cities'
authority to apply local regulations regarding medical marijuana.. Tukwila currently has a moratorium in place regarding
marijuana dispensaries and collective gardens.
SUPPORT: Tools for Combating Gang Activity
The City of Tukwila has firsthand experience with the results of gang activity within the community. As such, we are interested
in ongoing collaboration of activities and funding that provides tools to address gang prevention and intervention, as well as
civil and criminal ways to address gang activity.
Continued Funding for Human Services
Especially during turbulent economic times, the City of Tukwila recognizes and is committed to continue funding of human
services programs. In consideration of this local commitment, we encourage our State legislators to support human services
funding, recognizing the need of these vital services throughout our local communities, minimizing related human services cuts
in any way possible.
59
60
D LUI
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE
DURING THE 2013 WASHINGTON STATE LEGISLATIVE SESSION.
WHEREAS, the City Council has agreed to pursue certain legislative issues for
2013; and
WHEREAS, the City Council recognizes this agenda is not all encompassing, in that
certain additional items may arise during the legislative session that require support or
opposition; and
WHEREAS, a legislative agenda outlines the priority issues that elected officials
may discuss when speaking to members of the Washington State Legislature; and
WHEREAS, the City Council agreed to these priorities at the Regular City Council
Meeting on January 22, 2013;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council has identified priorities for the 2013 Washington State
Legislative Session that are integral to serving the Tukwila community in the manner in
which the residents and businesses have come to expect. The City of Tukwila 2013
Legislative Agenda is hereby incorporated by reference as Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
Attachment A: City of Tukwila 2013 Legislative Agenda
W: \Word Processing \Resolutions \Legislative Agenda for 2013 12 -31 -12
KM:bjs
Page 1 of 1
61
62
mon
TO:
City of Tukwila
CITY ADMINISTRATOR REPORT
Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: January 2, 2013
SUBJECT: Report for January 7, 2013 Regular Council Meeting
Jim Haggerton, Mayor
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. The report consists of
information provided by the Executive Team, with editing and input by the City Administrator.
Please let me know if you have any questions or need additional information about any of the
following items, and please feel free to contact any of the department heads for additional
information.
I. Intergovernmental and Local Issues Update
MEETINGS
• King County City Administrators /Managers Monthly Meeting: The City Administrator
and Government Relations Manager attended the January 2 meeting where the following
items were discussed: (1) An amended Solid Waste Interlocal Agreement (ILA) between
King County and cities which will extend an additional 12.5 years through 2040. City action
on the ILA is anticipated during the 1st Quarter of 2013; (2) A review of funding options that
may be presented for consideration at the State Legislature this session including a
transportation funding package (including local funding options) and some human service
funding changes; (3) Updates from both the SCORE facility and Sound Cities Association
(SCA), formerly known as the Suburban Cities Association; and (4) Brief overview of the
services provided by the King County Office of Alternative Dispute Resolution.
II. Department Updates
MAYORS OFFICE
• Southcenter Parkway Extension Ribbon Cutting Ceremony: On December 14, the City
formally opened the Southcenter Parkway Extension. The Mayor thanked all of the
participants, including Councilmembers, City, State and Federal elected representatives,
funding organizations, City staff and contractors who contributed to this complex project.
• Strategic Plan: On December 10, the Council adopted the City's first Strategic Plan. As a
result of all the data collection, community input and a tremendous amount of work by many
groups and individuals, the following vision statement was created, which embodies what
the City aspires to be: Tukwila, the city of opportunity, the community of choice.
The Council, Administration, Department Directors and staff are firmly committed to keeping
our goals and objectives front and center. Development of an implementation plan focusing
on key areas identified in the plan is underway: The need to improve safety along Tukwila
International Boulevard; better communication — both internally and with all of our
stakeholders; and organizational development that takes advantage of the highly skilled
workforce throughout the City.
63
City Administrator Report
Page 2
HUMAN SERVICES
• Minor Home Repair Program: Tukwila served 14 unduplicated households with 33 minor
home repair jobs during 2012. Over $16,000 dollars was spent to preserve Tukwila
housing.
• Information and Assistance: Human services staff answered 2,254 requests for
information and assistance in 2012. This represents a 3% increase over 2011. There were
1,353 calls for housing or utility assistance, and 122 households were provided financial
assistance.
• Hyde Shuttle: The Hyde Shuttle served 75 unduplicated riders with 1,307 one -way trips for
a total of 11,745 miles.
PUBLIC WORKS
• Comprehensive Garbage, Recyclables & Compostables Contract Amendment 1: The
new Garbage and Recycling Contract with Waste Management was amended to incorporate
customer feedback obtained during the early plan implementation phase. Amendment 1
memorializes the changes made to the new contract and provides greater clarity,
consistency and transparency to residential, multi - family and commercial customers. The
negotiated rates approved by the City Council will not increase as a result of this
amendment, which will be made available to the public via the City Website.
• Gypsy Moth Detection: The Washington State Department of Agriculture (WSDA)
informed the City in late December 2012 that a non - native invasive population of European
Gypsy Moth near the intersection of South 149th Street and Interurban Avenue South had
been detected. WSDA is requesting approval from the federal government to begin a local
spraying program. They intend to use products registered with the U.S. Environmental
Protection Agency, and WSDA plans to start a public outreach process soon to inform our
citizens of the eradication proposal. WSDA will provide copies of their environmental permit
applications to the Tukwila branch of the King County Library system. More information will
be available on the schedule this Spring.
TUKWILA POOL — METROPOLITAN PARK DISTRICT (MPD)
• Construction Progress: Floors have been prepped for the new flooring product; lighting
continues to be replaced; plumbing and mechanical work are continuing; and the locker
room walls have been completed. Tile work is occurring this week in the pool, and the
locker room floors are scheduled for installation. Staff has finished both the bulkhead and
filter tank renovation projects in house. City staff have also been painting the lobby, and
other front areas of the facility and will continue throughout the next couple of weeks as
time, scheduling, and project coordination allows. Additionally, concrete was poured for the
ADA Parking Lot Access Improvement Project on January 2.
FINANCE
• Bond Sale: The bond sale scheduled for December 20 to fund the Metropolitan Park
District capital project was postponed due to a volatile and unfavorable bond market. The
sale has been tentatively rescheduled for January 10.
FIRE
• Incident Responses on the River: During the month of December the department
responded to 2 river rescue incidents. The first involved a person jumping from the South
180th Street Bridge that did not result in a recovery. The second involved a submerged,
occupied vehicle in the same area. Our personnel, with the assistance of Zone 3 Divers,
recovered two bodies at that incident. Both of the joint Police /Fire rescue boats were
utilized in these incidents. Efforts between police and fire were well coordinated, and our
joint training and cooperation contributed to the safety and efficiency of these operations.
64
City Administrator Report
Page 3
• Fire Investigations: The commercial fire investigated on December 21 in the 13500 block
of Tukwila International Boulevard was most likely a heating fire for two homeless individuals
who had sought shelter in an old travel trailer parked behind the building. Evidence of
containers commonly used in heating fires was found in the area of origin. A witness came
forward with information on two homeless people leaving shortly before the fire was
reported. The travel trailer was a total loss, and the building suffered an estimated $5,000 in
damage to the siding.
POLICE
• Shop- with -a -Cop Event: On Saturday, December 22, the Tukwila Police Department held
this event, where Police officers, staff and the Tukwila Explorers joined forces to help make
Christmas a happy holiday for six children and their families selected by and from the
Tukwila School District. Police officers picked up children from their homes and headed to
the Target Store in Tukwila. Each child was given a gift card donated by Target. Officers
paired up with each child and helped them shop for gifts for themselves and their family.
After shopping at Target, the fun continued at the Tukwila Toys R Us store, with more gift
cards for purchases. Both Target and Toys R Us supplied wrapping paper and a location to
wrap the new gifts. After shopping, officers took the children to the Tukwila Applebee's for
lunch, which was donated by Applebee's. At the end of the day, the children were driven
back to their homes throughout the City. The Tukwila Police Department would like to thank
Target, Toys R Us and Applebee's Restaurant for the generous donations that made an
incredible difference in the lives of these children and their families.
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Upcoming Meetings & Events
January 2013
7th (Monday)
8th (Tuesday)
9th (Wednesday)
10th (Thursday)
11th (Friday)
12th (Saturday)
> Civil Service
Commission,
5:00 PM
(CR #3)
D City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
➢ Arts
Commission,
5:30 PM
(Community
Center)
> Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
➢ Human
Services
Advisory
Board,
10:00 AM
(King County
Housing
Authority
600 Andover
Park W)
14th (Monday)
15th (Tuesday)
16th (Wednesday)
17th (Thursday)
18th (Friday)
19th (Saturday)
D Community
Affairs & Parks
Cmte,
5: 15 PM
(CR #3)
D City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
➢ Transportation
Cmte,
5:00 PM
(CR #1)
D Parks
Commission,
5:30 PM
(Community
Center)
D Library
Advisory
Board,
7:00 PM
(Foster Library)
D Tukwila
Historical
Society,
7:00 PM
(Tukwila
Heritage &
Cultural
Center, 14475
59 Ave S)
> Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
> Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Lynn Wallace at 206 -575 -1633.
> City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
> City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187.
> Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3
> Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 -433 -1850.
> Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room #3
> Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 - 767 -2342.
> Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206 - 767 -2308.
> Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670.
> Transportation Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1
> Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59`hh Avenue S. Contact Pat Brodin at
206 - 433 -1861.
>Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 -433 -1815.
> Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1
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Tentative Agenda Schedule
MONTH
MEETING 1-
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
January
7
Consent Agenda:
14
22 (Tuesday)
Special Presentation:
28
Special Presentation:
Authorize the mayor
to sign an addendum
to the Interlocal
Agreement with the
Tukwila Metropolitan
Park District for
contract support
services through July
15, 2013.
Public Hearing:
Best Business Recycler
of the Year for 2012.
Appointments:
Public Outreach and
Engagement Liaison
Program (POEL) for
Forterra.
Appointments to
Boards and
Commissions.
Unfinished Business:
A resolution
establishing legislative
priorities for the 2013
legislative session.
An ordinance
vacating right -of -way
within the City of
Tukwila dedicated for
street purposes
generally described as
portions of South
178th Street.
Unfinished Business:
An ordinance
vacating right -of -way
within the City of
Tukwila dedicated for
street purposes
generally described as
portions of South
178th Street.
New Business:
Election of 2013
Council President.
A resolution
establishing the
meeting schedule for
the City Council
Committees.
Authorize the Mayor
to sign a lease
agreement with
Sound Cities
Association for their
office space in the
6300 Building through
January 31, 2016.
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