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Home My WebLink AboutCOW 2013-01-28 COMPLETE AGENDA PACKETc Age Tukwila City Council Agenda vi ' � • COMMITTEE •OF THE WHOLE ❖ Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson -9 David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, January 28, 2013, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. Public Outreach and Engagement Liaison Program (POEL). Pg.1 Chris Hoffer, Forterra. b. Legislative update. Hal Hiemstra and Michelle Giguere, Ball Janik, LLP. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (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 presented for discussion. 4. SPECIAL ISSUES a. An ordinance regarding the water and sewer leak adjustment policy. b. A contract with BERK Consulting for Strategic Plan implementation. c. An Interlocal Agreement regarding solid waste. d. Discussion on the Council Analyst position description. Pg.43 Pg.75 Pg.89 Pg.137 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING • SPECIAL MEETING •• + Ord #2395 + Res #1787 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA Approval of Vouchers. 3. UNFINISHED BUSINESS A motion approving the Council Analyst position description. Pg.137 4. 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. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date 01/28/13 Prepared by JT Maypr's review Council review ITEM INFORMATION ITEM No. 2.A. 1 STAFF SPONSOR: JOYCE TRANTINA ORIGINAL AGENDA DATE: 01/ 28/13 AGENDA ITEM TITLE Public Outreach and Engagement Liaison Program (POEL) — Forterra 01/28/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW SPONSOR'S Forterra will be making a presentation to Council regarding community liaison programs. SUMMARY They provided a report that includes recommendations and materials that the City could utilize to implement a liaison approach in its existing outreach efforts. A copy of the report is attached. This is an information only presentation. 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. Comm' Mayor's Office 1 LE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 1/28/13 Forterra Report: Connecting to the Future: Inclusive outreach and engagement in the City of Tukwila. 1 2 CONNECTING TO THE FUTURE: Inclusive outreach and engagement in the City of Tukwila 1I Building Blocks for Sustainable Communities Technical Assistance Prepared for the City of Tukwila based on Technical Assistance provided by Forterra during 2012, funded by the U.S. Environmental Protection Agency's Building Blocks for Sustainable Communities Program January 28, 2013 Photo Credit: City of Tukwila 3 4 0 In 2012, the City of Tukwila received technical assistance from Forterra, as part of the Environmental Protection Agency's Building Blocks for Sustainable Communities Program, to explore strategies for achieving its commitment to more inclusive outreach and engagement. This report describes the need for inclusive outreach and engagement, presents background information on community liaison programs, and provides recommendations and materials for the City of Tukwila to incorporate a liaison approach into its existing outreach efforts. Participating Forterra staff: Skye Schell, Becca Meredith, and Chris Hoffer Primary City of Tukwila Staff: Joyce Trantina, Mayor's Office; Evie Boykan, Human Services Manager; and Brandon Miles, Senior Planner Thanks to all of the many community members, City staff, and other individuals for sharing their time and ideas: Ahmed Jama Alexandra Blum Alma Villegas Bob Giberson Bruce Linton Carol Swenson Cassie Hunter Chris Flores Christy O' Flaherty Derek Speck Evie Boykan Mike Villa Heidi Schillinger Nate Robinson Jack Pace Nicholas Olivas James Bush Njambi Gishuru Jennifer Malloy Rick Still Joyce Trantina Sahar Fathi Karyssa Jackson Simon Khin Kathleen Gantz Sol Villareal Martin Grisham Marty O'Brien 5 0 1 Contents EXECUTIVE SUMMARY 2 COMMUNITY LIAISON PILOT PROGRAM CHECKLIST 3 BACKGROUND 4 Need for inclusive outreach and engagement 4 Seattle's Public Outreach and Engagement Liaison (POEL) Program 5 OUTREACH AND ENGAGEMENT IN TUKWILA 7 City Perspective 7 Community Perspective 8 IMPLEMENTING A COMMUNITY LIAISON PROGRAM IN TUKWILA 10 Program Design 10 Program Administration 13 Internal Capacity 16 Pilot Program Development 19 LOOKING AHEAD 20 ATTACHMENTS 21 Attachment 1. List of individuals interviewed 22 Attachment 2. City of Seattle Public Outreach and Engagement Program Overview 23 Attachment 3. Sample Liaison Request Form 24 Attachment 4. Sample Budget Scenarios 26 Attachment 5. Sample Liaison Recruitment Template 27 Attachment 6. Sample Liaison Work Plan 28 Attachment 7. Sample Liaison Timeline 30 Attachment 8. Sample Cost Reimbursement Sheet 32 Attachment 9. Liaison Training Curriculum and Materials 33 Attachment 10. Principles of Equitable Development and Planning. 34 1 1 Il "" "" a 6 0 EXECUTIVE SUMMARY The City of Tukwila requested and received technical assistance from Forterra, as part of the Environmental Protection Agency's Building Blocks for Sustainable Communities Program, to conduct more inclusive outreach and engagement with its diverse residents. In addition to meeting with City staff and community -based organizations to assess existing outreach and engagement efforts, Forterra was requested to research community liaison program models, based primarily on Seattle's Public Outreach and Engagement Liaison program, and provide recommendations and materials for a similar program in Tukwila. Based on this research, Forterra has provided background on the need for inclusive outreach and engagement, as well as background on multiple models of community liaison programs. Case studies throughout the report highlight similar efforts to engage diverse communities. There have been many benefits to those communities investing in a community liaison program. By compensating liaisons and providing training and support, they are able to serve as long -term bridges to their community. There is also increased transparency in terms of who the City is engaging, and a greater ability to capture metrics and evaluate success. Formalization also establishes greater institutional knowledge that exists even if well - connected City staff move on. Particularly where there are a large of number of languages and cultures, a liaison program provides a cost- effective means of connecting with multiple communities. This report includes implementation considerations on program design, with a focus on the unique aspects of the community liaison model; program administration, including recruitment, contracting, and evaluation; building internal capacity necessary for the program to succeed; and pilot program development. We recommend piloting a community liaison program in the next year by contracting with a community -based nonprofit to coordinate a small number of liaisons around a single topic. This will allow the City to evaluate the success of a liaison program as an additional outreach and engagement strategy. Full implementation will require additional investments in staff time and resources, but can support multiple departments using liaisons on a variety of issues. A summary checklist for is provided for launching a pilot program, and attachments include a variety of sample forms and materials used in other liaison programs. In planning for its future, the City of Tukwila is fortunate to have a diverse population of communities and residents as its foundation. This report serves as a basis for moving forward with piloting a community liaison program to strengthen engagement with all Tukwila residents. 21IIF"a °fie 7 Ts COMMUNITY L IAUSON PILOT PROGRAM CHECKLIST O Determine a City point peraon' interdepartmental advisory team, and budget for the pilot (refer to SamIe Budget Sceriarios) [] Offer training on equity, diversion, and inclusion to the interdepartmental team and other City staff involved in project project (refer to What kirid of iristitutiorial support is necessary?) [] Determine what entity will hire the Iiaisons and how payment an6re|atk»nahipswiUbe managed (refer to Program Administration) [] Develop forms and materials, including Job Description, Job Application, Project Tracking Form(s), Billing Documents, and training curriculum (refer to Attachments for sample materials) [] Review u coming projects and determine one that might be appropriate for POEL Pilot Program (refer to What issues are appropriate for a liaison?) [] Recruit and train 1 —3 Liaisons for the Pilot Program (refer to How are liaisons recruited and selected? and What training should be provided?) [] Coordinate efforts with community-based organizations and liaison programs in Tukwila (see How should liaisons be integrated into existing outreach efforts?) [] Track p 'eoto outreach, process, outcomes and relationships [] Determine the success of the pilot (refer to How should performance be evaluated?) [] Make adjustments for full implementation of the proBran(refer to Pilot Program Development) 3|o"""" e 8 0 M, R BACKGROUND The City of Tukwila received technical assistance from Forterra, formerly known as Cascade Land Conservancy. Forterra fills a unique and important niche as the largest conservation and community building organization dedicated to the Puget Sound and Olympic Peninsula regions. Forterra partners with thousands of leaders and residents across the region to create healthy, livable, and prosperous communities. This technical assistance was provided by Forterra as part of the Environmental Protection Agency's Building Blocks for Sustainable Communities Program, which provides targeted technical assistance to selected local and /or tribal governments using a variety of tools that have demonstrated results and widespread application. The purpose of delivering these tools is to stimulate a discussion about growth and development and strengthen local capacity to implement sustainable approaches. The City of Tukwila applied to Forterra for assistance in conducting more inclusive outreach and engaging more meaningfully with its diverse communities. In particular, staff were interested in how the City of Seattle's nationally- recognized Public Outreach and Engagement Liaison program might be appropriate for Tukwila. This assistance builds on the momentum of the City's first -ever Strategic Plan, adopted in December 2012, which recommends strategies such as broadening participation in decision - making and increasing the City's capacity to engage in more meaningful community dialogue. This work also continues a history of successful collaboration between Forterra and the City of Tukwila. In 2011, Forterra and the City worked with the International Rescue Committee, St. Thomas Church and other partners to create a 65 -plot community garden for refugees. In 2010, after nearly a decade of partnership between Forterra, the City, and local citizens, the 10.5 acre Duwamish Hill Preserve was opened as a public space, preserving its rich Native American cultural history, ecological importance, and community impact. Need for inclusive outreach and engagement According to a 2010 report, King County is diverse with regards to race and ethnicity and becoming more so.' More than a quarter of the population is comprised of people of color, with one in five identifying as foreign -born and more than 150 languages spoken by children in public schools. Since 1984, King County has welcomed the fifth - largest number of refugees in the United States, with additional immigrants relocating to join family members and others from their ethnic group. The largest groups immigrating to King County are from Asia, with recent migration from countries such as Bhutan, Burma, and Iraq. Based on analysis conducted for its Strategic Plan, Tukwila is a minority- majority city, with a majority of residents who are people of color. Nearly one in five are of Latino or Hispanic origin, and more than one third were born outside the United States (comparable to cities such as San Francisco and New York). The top fifteen languages spoken in Tukwila Schools, in addition to English, include Spanish, Vietnamese, Somali, Nepali, Bosnian, and Cambodian. For more demographic information, refer to the City of Tukwila Strategic Plan Demographic and Economic Profile. 1 King County. Changing demographics in King County. 2010. httpl /vwvw.kingcounty.gov /operatio . I -CHS/ Servic /- /media/operation /Docs/Changing Demographics in King County revFINALashx 41IIF"a °i 9 0 M, R Because of language, cultural, and other barriers, residents in Tukwila and throughout the country are often excluded by traditional methods of outreach and engagement. Information is often only presented in English, public processes can be overly complex, and meetings are often inconvenient to attend, especially for those with children or dependent family members. For those new to the country, there is an additional barrier of navigating an unfamiliar system of government, service provision, and decision - making. The consequences of being excluded from planning can be significant. For example, as hundreds of millions of dollars in transit infrastructure investments take place across the region, many community members face the threat of displacement. A recent report by Puget Sound Sage uses Seattle's Rainier Valley as a case study for how this type of investment can displace people of color and low- income residents, disrupting social networks and forcing them to live further from jobs and spend more time and money on transportation.2 Seattle's Public Outreach and Engagement Liaison (POEL) Program Hoping to learn from efforts to improve outreach and engagement already underway in the region, the City of Tukwila was interested in Seattle's POEL program. During neighborhood plan updates in 2009, Seattle piloted a new engagement process to ensure more residents, particularly those traditionally unlikely to participate, could get involved in the planning process and make decisions about the future of their communities. The need for a more inclusive approach came directly out of community feedback gathered in preparation for the neighborhood update process and was supported by the City's Race and Social Justice CASE STUDY: PLAZA ROBERTO MAESTAS During recent neighborhood plan updates for Seattle's Beacon Hill neighborhood, the City of Seattle contracted with Outreach Liaisons to ensure a more equitable planning process. Based on the goals identified by residents during this update, the community —based organization El Centro de la Raza is responding by developing Plaza Roberto Maestas, a mixed -use, transit - oriented development. In addition to avoiding displacement by providing affordable housing and space for small businesses, the development also includes a multi - cultural community center, expanded child care facilities, and a 13,000 ft2 public plaza. With a $10,000 equity grant from the Puget Sound Regional Council, El Centro de la Raza is also supporting the residents of the Rainbow Trailer Haven mobile home park in Tukwila, who are at risk of displacement due to transit investments. Many receive services at El Centro, which has included their feedback in planning for the new Plaza. For more information, contact Estela Ortega at eortega @elcentrodelaraza.org. �i� 1111111111111111111111 G� II oftl,A1111 Photo credit: El Centro de la Raza 2 Puget Sound Sage. Transit Oriented Development that is Healthy, Green & Just. 2012. http: / /pugetsoundsage.org /TOD 51 I" """ ,° ) 10 0 Initiative (RSJI).3 RSJI is a citywide effort to end institutionalized racism and race -based disparities in City government and has continued to be instrumental in ensuring inclusive outreach and building trust with the diverse communities throughout the City of Seattle. CASE STUDY: TUKWILA VILLAGE In October 2012, the City found success in engaging a diverse cross - section of the community in the design for Tukwila Village, a planned development that will provide affordable and mixed - income housing as well as a much - needed public gathering space. Although previous outreach attempts struggled to include community members, this design meeting was different. The meeting included interpreters for four language communities, who assisted with interactions between community members and developers. This type of event is similar to the work that liaisons engage in on a regular basis, making planning accessible to a diversity of stakeholders. opti Photo credit: Chirs Hoffer strengthening relationships between existing The City of Seattle's POEL program began as an innovative pilot that recruited and contracted with more than a dozen community liaisons through the nonprofit Seattle Neighborhood Group. These liaisons, skilled in simultaneous interpretation and meeting facilitation, were bridges to their communities and successfully hosted several dozen workshops attended by more than a thousand participants from traditionally underrepresented communities. These efforts complimented traditional outreach methods, such as public meetings and open houses, which liaisons also attended as interpreters and facilitators. In a study of the program's effectiveness, researchers made several observations that are relevant for implementing a similar program in Tukwila.4 For example, while the model was generally successful in increasing participation by some underrepresented groups, less centralized communities (including African Americans, Latinos, and youth) were more difficult to effectively engage, especially if community members did not identify with their particular liaison. Additionally, long -term neighborhood activists expressed frustration over a lack of transparency and communication about the liaison program, undermining the process goal of community networks and those newly engaged. Based on the overall success of the program, however, the City of Seattle decided to expand in 2012 to include more than a dozen community liaisons contracting with multiple city departments, working on planning as well as other issues like fair housing, infrastructure, and neighborhood safety. 3 City of Seattle Department of Neighborhoods. Community Feedback Report: On Process for Neighborhood Plan Updates. 2008. http: / /www.seattle.gov/ neighborhoods /pubs /cfr042208.pdf 4 Molly Oshun, Nicole M. Ardoin, and Sharon Ryan. "Use of the Planning Outreach Liaison Model in the Neighborhood Planning Process: A Case Study in Seattle's Rainier Valley Neighborhood." Urban Studies Research, vol. 2011, Article ID 687834. 2011. http:// www. hindawi. com rournals/usr /2011/687834/cta/ 6IIlI"'a i 11 0 OUTREACH AND ENGAGEMENT IN TUKWILA In considering a POEL approach for Tukwila, Forterra interviewed staff from City of Tukwila Departments as well as community -based organizations to discuss existing obstacles and opportunities for inclusive outreach and engagement. Refer to Attachment 1 for a list of individuals interviewed. City Perspective A wide range of perspectives were gathered during staff interviews. While several departments did not see a direct link to their work, overall, it was clear a new outreach program would significantly benefit the City of Tukwila and that there is an immediate need. Certain departments will be more ready to pilot a POEL type program, and all departments identified a variety of topics that would benefit from more inclusive outreach and engagement. These include outreach about the new Strategic Plan, Comprehensive Plan annual updates, and the Parks, Recreation, and Open Space Plan. Liaisons were also seen as potentially helpful in improving access to City services. Key Findings ➢ Success with inclusive events. The City of Tukwila has already held several successful events including work around the strategic plan and recent Tukwila Village Design Meeting (see Case Study). These kinds of events include small groups, translation, and are brought out to the community, providing an opportunity for deeper, two -way engagement. ➢ Connecting through the schools. Staff mentioned that another proven method to reach out to a variety of communities has been at the schools' family nights. In general the school district was mentioned repeatedly as a primary outreach partner, although staff also mentioned that the district has limited resources. ➢ Need for more resources. Seeing a need to improve their outreach efforts, several staff requested more resources including increased staffing and staff time, expertise, and funding to support additional outreach. ➢ Traditional outreach and the "usual suspects." Staff observed that traditional outreach activities such as mailings and traditional community meetings are only effective at reaching "Old Tukwila," described as long -time residents who are White, middle class homeowners and property owners. Current strategies miss the majority of residents who are people of color, live in multifamily homes, and /or have come to Tukwila more recently. Staff were interested in learning about additional strategies to reach more than the "usual suspects ". ➢ Changing government- resident relationships. Staff are well aware that many refugees are fearful of government after coming from refugee camps, and countries where interacting with the government can be intimidating, expensive and even dangerous. Staff expressed interest in helping to show new communities that civic engagement, as well as accessing city services, is safe and supported. 71III"'a °fie 12 0 Community Perspective Our conversations with community -based organizations focused on how they perceived the City's current outreach efforts, as well as their thoughts on how a liaison program could be successful. Should the City implement a liaison program, we recommend following -up with these and other community organizations to coordinate outreach efforts as well as recruit potential liaisons. In general there was an acknowledgement that the City has made some effort to reach out to underrepresented communities, but all community organizations saw a need for increased outreach efforts. CASE STUDY: CROSSROADS MINI CITY HALL 1Y1M1iVUIH!�'� E7 . Photo credit: City of Bellevue Bellevue's Mini City Hall started 18 years ago as a satellite office to the main downtown location. Based in the diverse Crossroads neighborhood, Mini City Hall has since become a critical City outpost for both outreach and engagement to immigrants and refugees. Staff at the Mini City Hall speak eight different languages, and volunteers can use a visitor - friendly, dual- receiver phone with access to more than 100 other languages and dialects. In addition to providing answers to basic questions, staff also emphasize that the Mini City Hall has become a way to develop meaningful relationships. According to manager Barb Tuininga, "We're an ear- to -the- ground in terms of what's really going on and what people really need. It's become a conduit of information back to the city." For more information, contact Barb Tuininga at the City of Bellevue btuininga @bellevuewa.gov. 81III"'a °fie Key findings ➢ Support for a liaison program. Community organizations were supportive of a POEL -type program. In particular, they discussed the importance of people who not only speak the same language but are members of the community as being most effective at building ongoing relationships with the City. Liaison programs were also appreciated as community capacity - building opportunities. ➢ Interest in safety and services. Liaison programs are well suited for outreach and engagement around planning, but interest was also expressed for liaisons to work on issues relating to safety and crime, as well as connecting communities to City services and basic information. Structuring the program to be flexible to community interests in addition to issues identified by the City will ensure long -term success. ➢ Coordinate liaison programs. With several similar liaison programs working in Tukwila it is important that these programs and their liaisons coordinate and collaborate. In practice this could take the form of a quarterly meeting of all liaisons to share project and outreach plans. 13 0 ➢ Build capacity within the City. Although community members recognized the positive intentions of many City staff and departments to engage residents, they saw a need for greater education and training about being inclusive and how to effectively work with different communities. Many of those interviewed recognized that the City was making progress that it could continue to build on, such as recent engagement around the strategic plan and design meetings for Tukwila Village. ➢ Engage all communities. Those interviewed described the importance of directing resources to all communities, including those most recently arriving and with the greatest need, as well as more established refugee and immigrant populations, and other communities of color and low- income communities. Additionally, there is room to more proactively plan for outreach and engagement based on consideration of future demographic trends. ➢ Identify community - specific strategies. Outreach to different communities requires different strategies as well as individuals who understand these differences. For example, many of those interviewed described the importance of gender- specific outreach within the Somali community to ensure both men and women could be reached. In other cases, generational differences between communities are important to take into account, as well as differences between recently arrived immigrants and refugees and those who are more established. The community from Burma includes a number of distinct ethnic groups, and liaisons would need to have good relationships across these groups. ➢ Reach the whole community. Both for outreach and for potential liaison recruitment, it is important to recognize how gatekeepers in communities can limit the engagement of community members. Churches and schools were brought up as a way to reach a wide spectrum of community members that cut across age, class, and other characteristics. ➢ Avoid community burnout. Particularly for focus groups and surveys, community members described experiencing a certain amount of burnout. This can be mitigated by regularly communicating with communities how their input is influencing outcomes and also by engaging community members in shared decision - making. Beyond creating a mechanism for them to share information and gather feedback, community members expect a liaison program to lead to meaningful and tangible results. 9IIIF"a °fie 14 0 IMPLEMENTING A COMMUNITY LIAISON PROGRAM IN TUKWILA A successful liaison program requires location- specific design and implementation based on the specific communities, issues, and resources available. The following considerations are based primarily on the lessons learned from the City of Seattle (refer to the Background information) as well as the District Council Collaborative in St.Paul /Minneapolis (refer to Case Study). These include considerations on: program design, with a focus on the unique aspects of the community liaison model; program administration, including recruitment, contracting, and evaluation; building internal capacity necessary for the program to succeed; and pilot program development considerations on piloting a liaison program. Program Design Liaison programs are designed to improve outreach and engagement with historically underrepresented communities. They involve financially contracting with community members who are well- connected, able to communicate effectively, and facilitate discussion and engagement around specific initiatives. Refer to Attachment 2 for an example -a description of Seattle's POEL program. Who are the liaisons? In this context, a liaison is a member of a historically underrepresented community who serves as a bridge between their community and the city. Liaisons may be community leaders, but are best understood as trusted "community connectors" with skills and experience in outreach, translation, and facilitation. They may be teachers, service providers, or community organizers, although the liaison role requires that they are trustworthy and neutral, facilitating engagement but not pushing an agenda, whether the City's, their agency's, or their own.5 Outside of the liaison contract, successful liaisons can work full- or part -time, be unemployed, or students. The City should be aware of potential schedule conflicts with liaisons, particularly those who work fulltime and may be unable to meet with staff during regular business hours. KEY DEFINITIONS Outreach: activities to contact individuals and /or groups in order to share information, provide education, or deliver services. Engagement: activities that enable community members to participate and engage in discussion, planning and decision - making action on public issues and in the design and delivery of services. Historically underrepresented community: a group that has been marginalized and excluded in outreach, engagement, and public representation. Examples include people of color, immigrants and refugees, renters, gays and lesbians, low- income groups, seniors, youth, and people with disabilities. In Seattle, for example, staff pointed out the need for liaisons to the Vietnamese community, in particular, to be able to bridge political differences. Because of sensitivity around Communism and political affiliation, it was essential not to alienate different segments of the community. 101II:....' 15 0 if it. What are the roles of the liaisons? The role of the liaison is to facilitate outreach and engagement. The types of activities involved include translating materials, providing interpretation, hosting events, and sharing information between community members and the city. By virtue of their community connections and experience, liaisons will know the best way to reach and engage community members. Efforts typically involve bringing the issue to existing community meetings and working with the City to make planned events more accessible, as well as engaging in more intimate, one -on -one discussions. Experience in other settings has found that individual and small group settings are often the most conducive to sharing information and gathering feedback. However, liaisons can effectively facilitate participation in larger events through translation and interpretation, as well as meeting design (choosing the right time and location, bringing culturally appropriate food, identifying childcare needs, etc.). What issues are appropriate for a liaison? Community liaison programs can be employed for outreach and engagement around a variety of issues. Although they have often been used in planning processes, whose complexity requires more intensive engagement, they can also be used to share information and receive community input. Neighborhood planning, transit planning, fair housing outreach, crime prevention, and workforce development are all examples where liaisons have been used. Given this breadth of possible application, it is necessary to identify and prioritize potential projects for liaisons. Attachment 3 is a sample interdepartmental request form from Seattle that initiates this process. Necessary project information to consider in deciding whether the issue is appropriate for the liaison program includes the following: ➢ What is the timing of the project and of the outreach and engagement activities? ➢ What is the goal of engaging historically underserved groups? ➢ What are the priority groups for outreach, and why? ➢ How important is the issue to the identified communities? ➢ What kinds of written materials will need to be translated? CASE STUDY: EQUITABLE ENGAGEMENT IN SOUTHEAST SEATTLE 0 00.000010;1 Photo credit: Sound Transit In 2011, the City of Seattle was awarded a $3 million federal grant to work on priorities identified during neighborhood planning updates in response to light rail investment. Activities will include land acquisition loans to ensure affordable housing, small business assistance, and planning for a multi - cultural center. The City's Public Outreach and Engagement Liaisons will be utilized to facilitate equitable public participation and to provide support to community -based organizations. For more information, contact Ryan Curren at Ryan.Curren @seattle.gov. 11 III:....'" 16 0 rEi ➢ What kinds of events or outreach activities are already planned? ➢ What opportunities are there to leverage resources and outreach efforts with other departments? What are the benefits of a liaison program? Although many municipalities rely on informal and volunteer liaisons, a formal program that financially contracts with community liaisons can often be more effective. By compensating liaisons and providing training and support, they are better able to serve as long -term bridges to their community. There is also increased transparency in terms of who the city is engaging, and a greater ability to capture metrics and evaluate success. Formalization also establishes greater institutional knowledge that exists even if well- connected city staff move on. Because contracts with liaisons are flexible, community members can continue to pursue other career opportunities while serving as liaisons. For staff, contracting with liaisons can save both time and money. City budgets and staff are stretched increasingly thin, with only a small number of staff able to spend time out in the communities they serve. Particularly where there are a large of number of languages and cultures, a liaison program provides a means of connecting with multiple communities. Rather than trying to become outreach experts, staff can rely on the expertise of the community liaisons. What are other examples of liaison programs? Seattle's POEL program was based on nearby White Center's Trusted Advocates, developed as a component of the Annie E. Casey Foundation's Making Connections initiative to improve outcomes for children by strengthening families and transforming communities. In this program, community members such as teachers, case managers, mothers, pastors, and organizers were recruited CASE STUDY: INCLUSIVE TRANSIT PLANNING IN THE TWIN CITIES ":"."1; ',!:",1111111111111"11111111111111 111111111I it it 04\ it Photo credit: District Councils Collaborative Based on Seattle's success, a similar program was piloted around a transit service study for new light rail in St. Paul, Minnesota. Led by the District Councils Collaborative (DCC) of Saint Paul and Minneapolis, nine Trusted Advocates were selected and received training on the transit study, the planning process, and engagement methods. Early results from an interim report indicate that nearly 50 engagement sessions were held between February and May of 2012, with over 900 community members participating and providing feedback that will be incorporated into a concept plan. Subsequent work included conducting outreach about the concept plan, gathering feedback, and explaining the public process. For more information, contact Karyssa Jackson at karyssa @dcc- stpaul- mpls.orq. to serve as Trusted Advocates and paid to work up to ten hours to build relationships, gather data, and increase involvement in the 12III:....' ,1:;� ,p 17 0 rEi community planning process. Their activities evolved from outreach and interpretation to facilitation, organizing, and advocacy. In Minnesota, a Trusted Advocate model based on Seattle's was used in transit service planning (see Case Study on previous page). In this program, the nonprofit District Councils Collaborative (DCC) contracted with the liaisons and coordinated their work with Metro, the local transit agency. Based on the success of this model, DCC has now hired community members, as temporary employees, to connect communities to workforce resources in its Corridors 2 Careers project. More information is available at http: / /dcc- stpaul - mpls.orq /. The promotora or lay health worker model is a well - established strategy to promote public health in Hispanic and Latino communities. As promotores, members of a community are recruited and trained by a public health organization to provide culturally relevant patient advocacy, education, outreach, and translation. As community members themselves, promotores typically have better connections to social networks and are often more accessible than government workers and upper class professionals. In South King County, the Global to Local Initiative employs five full -time health promoters who focus on diabetes and health education classes, as well as general community - building. More information is available at http: // w.kingcounty.gov /healthservices /health /partnerships /G2Loaspx. Program Administration Community liaison programs are typically administered by staff at a public organization, but may work through a separate fiscal agent to reduce administrative burden and preserve the liaison's position of trust. Program administration includes recruiting and training liaisons, preparing contracts and negotiating work plans, and evaluating liaison performance. Who should administer the program? In Seattle, the liaison program is managed by staff within the Department of Neighborhoods (DON), with a nonprofit fiscal agent, Seattle Neighborhood Group, that contracts with the liaisons. Since expanding from neighborhood planning, DON also coordinates with other departments who are interested in contracting with a liaison. In Minnesota, the nonprofit District Councils Collaborative (DCC) managed the program for the local transit agency, including contracting with liaisons. There are benefits to working with a separate fiscal agent, including reducing staff time spent on financial and contract administration. Additionally, this distance affirms that the liaison is not an employee of the city, which is important for many liaisons to maintain trusted relationships with community members and to receive honest feedback. The downside of not managing the contract directly is that the cost of the service is greater, requiring additional overall fees for the contract to cover the cost of the nonprofit. It is important to note that, even with an intermediary agency, liaison coordination and takes a significant amount of staff time. In Minnesota, for example, DCC decided to hire a part - time staff member to coordinate the recently launched Corridors 2 Careers, which includes seven Connectors as temporary employees. In Seattle, one and a half FTE are responsible for managing the POEL program, in addition to contracting with a nonprofit fiscal agent. Staff remain responsible for coordinating liaison requests from other departments. 13III:' "� 18 0 M, M Whether using a fiscal agent or not, it is important for there to be a single point person on City staff for the liaison program. Without a coordinating department like the Department of Neighborhoods, it may make sense to establish an interdepartmental advisory team, including a primary point of contact. The team should include staff members from Departments that already engage in community outreach and engagement as a core function of their responsibilities. How much and what should be budgeted for a liaison program? Attachment 4 includes budget scenarios for contracting and scenarios for a pilot program with two liaisons, an annual program with five liaisons, and an annual program with ten liaisons. A sample stipend of $5,000 per liaison per issue is suggested, although rates offered to liaisons should be comparable to what the city would otherwise pay consultants for the same service. Departments can estimate the cost of using a liaison based on a service rate sheet, or use these rates to determine an overall stipend amount. For a sample rate sheet, refer to Attachment B. Additional items to budget for include food and meeting space reservations, as well as parking, mileage reimbursement, etc. Many of these expenses may be reduced by coordinating with the City on locations that are free or low -cost to use. Translation expenses should be incorporated into specific project budgets, although liaisons can provide some translation assistance and review of materials. Preparing these materials in advance of the outreach activities can be important, although for many issues and communities, oral interpretation by the liaison is a more effective use of time and resources. In terms of administration costs, these will include a contract expenses as well as the development of the forms, materials, and reporting protocols. Additional City expenses include personnel costs, mostly for the primary point of contact, and for necessary training on inclusion and equity. Such training should ideally be budgeted Citywide, with additional funding necessary for key staff involved in the project as needed. How are liaisons recruited and selected? Targeted recruitment is the most successful method. This includes outreach to community and service organizations that not only can share liaison requests with their community, but may be able to recommend specific individuals, including their own staff. Refer to Attachment 5 for a sample template for outreach recruitment. Liaisons should be interviewed by City staff and selected based on their community connections, as well as demonstrable experience in organizing and event facilitation and the ability to translate simultaneously and provide interpretation. They should be selected primarily based on their connections to the historically underrepresented communities that were prioritized during project selection. In many cases, more than one liaison may be necessary to work with different segments of the community, such as male and female liaisons for groups that traditionally segregate men and women. Recruitment should begin early enough in the process to allow for interviewing several possible individuals from a particular community. Based on experiences in St. Paul's Trusted Advocate program, it may be helpful for applicants to submit work plans as part of the selection process. This emphasizes the role of the liaison as a contractor, but requires providing applicants with additional project information upfront. 141II:....' "� 19 0 if it. Recruitment and selection of liaisons should also be coordinated with other liaison programs, including the Tukwila School District and Global to Local. Emphasis should be on a cooperative approach between programs to avoid duplication of efforts. How should contracts be structured? For an established program, liaisons should sign annual contracts and work under project - specific charters or memoranda of agreement. Although the City may not be able to guarantee a specific number of hours of work, they should seek to provide a predictable amount of work for each liaison depending on the project. Recruiting a small number of contractors ensures liaisons have adequate work by providing them with multiple projects. Because contracts are renewed annually, the City can decide whether to continue contracting with a particular liaison based on their past performance. Liaisons can be effective as either contractors or temporary employees. In St. Paul /Minneapolis, for example, the DCC's Trusted Advocates model set up contracts, but they switched to temporary employment for liaisons in their subsequent Corridors 2 Careers project, to provide greater flexibility. This decision can be made by the nonprofit fiscal agent based on their own processes, as well as considering potential impacts on the liaison. For example, as contractors, it may be a burden for liaisons to pay for food for meetings and have to wait for reimbursement. For each project, a Memorandum of Agreement and work plan should specify the purpose, goals, timeline, and contacts for the outreach. This should be developed between the liaison and coordinating City staff, including the development of a proposed project budget. Refer to Attachment 6 for a sample liaisons work plan. It is recommended for liaisons to submit a monthly or regular invoice to the City and /or fiscal agent. This invoice should include the quantity of services provided, such as the amount of time spent conducting outreach, facilitating events, translating materials, etc. Expenses for reimbursement will include parking and mileage, food, facility rental, depending on the agreed upon scope of work, project budget, and city policies. It is important to allow adequate time in contracts for the outreach and engagement process. Attachment 7 provides a sample timeline, illustrating that several months are typically required and should be built into the project timeline. Timing is particularly important where city materials need to be reviewed and translated by the liaisons before engaging in outreach, or where the city would like to collect surveys. What training should be provided? Training should orient the liaison to basic city governance, the decision - making process, and contract and reporting requirements. Additional, issue - specific background should be provided by the department, although overall training should be no more than three to six hours. The goal of the training is to provide a general overview of the city and how city processes work, as well as to orient the liaison to requirements and other performance expectations. Refer to Attachment 9 for the general training curriculum and the accompanying orientation PowerPoint, covering City of Tukwila 101 and Planning 101. Training should also include discussion of current outreach efforts and the need for greater inclusivity and equity, so that liaisons understand institutional barriers to engagement. 151II:' "� 20 0 if it. For new liaisons or those with limited experience, additional training on work plan development, event facilitation, and engagement strategies may be necessary. Frequent, all - liaisons meetings should be scheduled, as they can benefit by learning from each other and coordinating their work. How should performance be evaluated? Contracts should specify deliverables, but in many cases expectations for the number of community members to reach or events to host can be difficult to estimate, aside from instances where the liaisons are assisting in city- hosted events. This is because outreach expectations will vary significantly based on the issue and the community engaged. During liaison -led activities, city staff should be invited to participate at the discretion of the liaison. Although staff would likely benefit from attending the activities, their presence can also change the dynamic of the meeting and potentially jeopardize the opportunity for the liaison to receive honest feedback from community members. In St. Paul, nine liaisons (receiving $5000 stipends) were able to reach more than 900 community members and host 50 engagement sessions, or about 100 outreach contacts and five engagement sessions per liaison. However, the program intentionally allowed liaisons to estimate their own goals, with individual estimates ranging from 60 to 200 people and 6 to 20 sessions. However, it is important to ensure the quality and content of the liaison's outreach. A schedule for reporting and check -in with the liaison should be established in developing their scope of work. Weekly reports should include outreach summaries and demographics for events hosted, services provided, and number of outreach contacts. These reports can also be used to share community feedback received or other deliverables. Internal Capacity Inclusive outreach and engagement requires a citywide commitment to social equity. This includes integrating the liaison program and other inclusive strategies into existing outreach efforts, including providing budgetary support. How should liaisons be integrated into existing outreach efforts? Contracting with community liaisons can be effective for inclusive public outreach and engagement. However, it is most effective when combined with other strategies, including those that are designed to reach traditional and underserved audiences. Based on lessons learned from Seattle, it is important to be transparent about how the City is engaging liaisons. Although the program may parallel other efforts, it is important that those traditionally engaged understand the goals of the liaison program 16III:....' KEY DEFINITION As defined by the Puget Sound Regional Council, social equity means that all people can attain the resources and opportunities that improve their quality of life and enable them to reach their full potential. Addressing the history of inequities in the systems we work in and their on -going impacts in our communities is a shared responsibility. Social equity also means that those affected by poverty, communities of color, and historically marginalized communities have leadership and influence in decision making processes, planning, and policy - making. Attachment 10 incorporates this definition and provides principles of equitable development and planning. 21 0 if it. and how the outcomes, along with the outcomes of other outreach and engagement strategies, will be incorporated in decision - making. As part of engaging liaisons, the city should identify where it has other programs that already provide opportunities for outreach or engagement. This allows for cost - effective prioritization of those communities and issues that would benefit most from additional engagement. Additionally, the City should be transparent with community organizations about the liaison program. In St. Paul /Minneapolis, it was important that liaisons were not seen as threats to staff at community -based organizations who were providing outreach and education services. This trust can be built by seeking input from community organizations for design and recruitment, as well as setting clear parameters for the liaison's scope of work. How can funding be sustainable? Planning for this outreach and engagement can be anticipated and incorporated into project budgets. New projects receiving funding can budget for liaison services in the same way that translation, interpretation, and facilitation services are increasingly being budgeted, such as in the development of the City's Strategic Plan. Some staff time will be required to coordinate the program, however, which must also be incorporated into staffing budgets, particularly for the primary coordinator and advisory team. Eventually, a part -time coordinator position may be necessary to manage the program. The liaison program can also be an asset when seeking additional funding. Increasingly, funding from foundations as well as state and federal government reward applicants that demonstrate a commitment to inclusive outreach and engagement. For example, several grant programs under the federal Partnership for Sustainable Communities include explicit requirements related to equity. Some, like the Puget Sound Regional Council's Growing Transit Communities initiative funded by the Department of Housing and Urban Development, provide local jurisdictions with bonus points in grant applications for projects that align with their equity and sustainability goals. For example, the Tacoma Housing Authority benefited from this alignment in their successful grant application for $1.8 million in capital funds, as did the Tacoma - Pierce County Habitat for Humanity in their application for $165,000 in self -help homeownership funding. What institutional support is necessary? The City of Seattle's program receives significant support under the City's Race and Social Justice Initiative. This kind of comprehensive approach is effective at bringing change to institutions and systems by increasing internal capacity. In Tukwila, the Diversity and Equity Commission is an example of this work, resulting in accomplishments like a Community Access Guide available in multiple languages. However, ongoing training and resources are also necessary so that staff can respond effectively to more engaged residents and can build trusting relationships. In Seattle, for example, an eight -hour training is provided to staff using the video series Race: The Power of Illusion, developed by the Public Broadcasting System, along with facilitated discussion. This training promotes an understanding of concepts like institutional racism and explores how current policies and practices can lead to inequitable outcomes for people of color. Background materials, lesson plans, and discussion guides can all be found at http://www.pbs.org/race/ 171II:' "� 22 0 CASE STUDY: EQUITY INITIATIVES IN SEATTLE AND KING COUNTY Both Seattle and King County have received national attention for their efforts to not only mitigate the effects of discrimination, but to address the underlying systems that lead to persistent inequity. These high - level, visible commitments to achieving equity are necessary to support change at all levels of city government by providing tools, resources, and leadership to staff. In Seattle, for example, the Race and Social Justice Initiative (RSJI) strategic plan for 2009- 2011 included a focus on internal outcomes in City government. As a result, over 8,000 City employees participated in race and social justice training. Through King County's Equity and Social Justice Initiative (ESJI), new tools have been developed to support City staff. These include a Community Engagement worksheet as well as an Equity Impact Review tool to consider the equity impacts of policies and programs. Access to atiovsi,tbIle, tvoitrtvg, tot.1 King County's Equity and Social Justice Initiative also uses the four -hour Unnatural Causes series from PBS to explore socio- economic and racial inequities in health. Video information, including comprehensive discussion guides, can be found online at http: // wounnaturalcauses o org /. The County's 2012 Equity and Social Justice Annual Report, which explores access to opportunity and the determinants of equity, can also be shared as a resource to increase awareness and understanding of the need for equity, as well as provide examples of how to incorporate equity into a variety of local government actions and initiatives. Other resources include an equitable community engagement guide and worksheet. For Tukwila, training on diversity, equity, and inclusion could be arranged through the Diversity and Equity Commission for all City staff. It could also be coordinated with the Tukwila School District to maximize resources and impact. Additional training resources include the following: • Equity Matters offers training and support services and has worked with clients including the Kent School District, Lake Washington School District, and family health nonprofit WithinReach. • Applied Research Center offers racial justice training and consulting, as well as skill - building webinars. • Crossroads Antiracism Organizing and Training has assisted institutions like the City of Seattle in developing Antiracism Teams for internal organizing. • The People's Institute Northwest offers a two -day Undoing Racism Workshop and has worked closely with local school districts, municipalities, and nonprofits. 181II:' "� 23 0 • Racial Equity Took includes a wealth of equity resources on: essential concepts and issues; assessing and learning; planning and implementing; and sustaining and refining. • Western States Center contains tools, such as "Dismantling Racism: A Resource Book for Social Change Groups," and resources developed by other organizations. Pilot Program Development Before launching a comprehensive community liaison program, a pilot is recommended to develop the procedures and structure that will work best for the City of Tukwila. The pilot should involve a small number of liaisons (no more than three) around a timeframe that is one year or less. This timeframe should allow up to two months for liaison recruitment, including significant time invested in relationship - building with community organizations to refine the pilot structure and to recruit liaisons. A single issue should be the focus of the liaison work, compared to a fully developed liaisons program, like Seattle, where a team of liaisons are available to contract with City departments around multiple issues. During this time, the City should contract to refine reporting forms, the liaison contract, and develop project- specific training materials. If working with a fiscal agent to manage the liaisons, this organization should be well- respected in the community and have previous experience working with the City. A City staff member will also need to be designated who can serve as point of contact. This person should have experience in outreach and engagement and be able to coordinate with the Department and facilitate interactions with the liaison. A fully developed program will likely need to budget at least a part -time coordinator, particularly as the number of liaisons increases. During the pilot, as well an ongoing program, we strongly recommend budgeting for staff training to increase their ability work to with diverse communities. 191II:' "� 24 0 LOOKING AHEAD In planning for its future, the City of Tukwila is fortunate to have a diverse population of communities and residents as its foundation. Just as inclusive outreach and engagement strengthens and builds the capacity of residents, so does it strengthen and build the capacity of current and future leaders of the City. With Technical Assistance funding from the U.S. Environmental Protection Agency, Forterra was able to meet with City of Tukwila staff, nonprofit organizations, and community members to explore how a community liaison program could meet their needs for inclusive outreach and engagement. Based on work done in cities like Seattle and St. Paul & Minneapolis, this report serves as a basis for moving forward with piloting such an approach by providing considerations and materials for implementation. Forterra would like to thank the City of Tukwila for their efforts making this project a success and the U.S. EPA's Office of Sustainable Communities Building Blocks for Sustainable Communities Program for funding the work. Please contact Forterra if there are any questions about this report: 901 5th Avenue, Ste. 2200, Seattle, WA 98164; info @forterra.orq; (206) 905 -6905. AW,4 Jdy, ,,/;, <, NANIIIIRXIVIEIIIPI li lizo111,11111111, 111. i Zov etie V" Photo credit: City of Tukwila 201II:....' "� 25 26 0 ATTACHMENTS Attachment 1. List of individuals interviewed Attachment 2. City of Seattle Public Outreach and Engagement Program Overview Attachment 3. Sample Liaison Request Form Attachment 4. Sample Budget Scenarios Attachment 5. Sample Liaison Recruitment Template Attachment 6. Sample Liaison Work Plan Attachment 7. Sample Liaison Timeline Attachment 8. Sample Cost Reimbursement Sheet Attachment 9. Liaison Training Curriculum and Materials Attachment 10. Principles of Equitable Development and Planning 21 1 II:'" 27 28 Attachment 1. List of individuals interviewed Name Position/Organizatton City of Tukwila Jack Pace Director, Department of Community Development Mike Villa Police Chief Bruce Linton Assistant Police Chief Marty O'Brien Foster Golf Links Joyce Trantina Mayor's Office Christy O'F|aherfy City Clerk Bob Giberson Director, Public Works Department Rick Still Director, Parks Recreation Department ' Derek Speck Economic Development Administrator Evie Boykan Human Services Manager Nicholas Olivas Fire Chief Martin Grisham Emergency Services Manager Chris Flores Assistant Fire Chief Nate Robinson Parks and Recreation Teen Specialist Brandon Miles Senior Planner Kathleen Gantz Program Manager for Parent Engagement Cassie Hunter Tukwila Planning Commission City of Seattle Sahar Fathi Office of Immigrant Rights Sol Villareal Community Engagement, Mayor's Office James Bush Seattle's POEL program director Community Organizations Ahmed Jama Executive Director, Somali Community Services Coalition Alexandra Blum Somali Community Services Coalition /\|nnaVi||eBaa Program Supervisor, Global to Local Njambi Gishuru Burst for Prosperity, Kenyan Womens Association Jennifer Malloy International Rescue Committee Simon Khin Northwest Communities of Burma Other Karyssa Jackson Communications and Outreach Coordinator, District Councils Collaborative Carol Swenson Executive Director, District Councils Collaborative Heidi Schillinger Equity Matters 221 0"""'�� 0 Ts Ri Attachment 2. City of Seattle Public Outreach and Engagement Program Overview SEATTLE DEPARTMENT OF PUBLIC 0 UT REACH AN PROGRAM OVERVIEW E GHBORHOODS NGAGEMENT The PLAbIliC Outreach and Engagement (POE) Program addresses the city's desire for meaningfull inclusion of underrepresented communities, iincluding immigrant and refugee populations in their right to be informed and in civic participation. Our Putillic Outreach aind Engagement Liaisons (POELs ) are expert thridge-builders" who are part of their respective comMitinitylS cultures,„ fluent in their respective lianguages, and are hi-cu itural and hi-lingual POELs partner with the city in forging connections and fastening relationships with historically underrepresented communities (IHUC) or disenfranchised groups • by bundling and imaintaining social capital. Equitable outreach and engagement is conducted iiin a cuituraily-specific manner alliowing anticipants some comfort and familiarity While navigating mainstream processes. POELs are also charged with providing:: • Quality translations • Fair and equitabile facilitation (in nature language) • Simultaneous interpretation • Constituent support at city-hosted events • Feedback and expertise an cultural concerns and barriers • Accurate records and reports of participant feedback and concerns • 'Community workshops and events that parallel larger city-hosted meetini s POELs are contractors who are compensated for their work through an agreement between a fiscal agent and Seattle IDepartment of Neighborhoods. This arrangement creates a high level of neutrality for the IPOIELs and trust as they work with 'the participants. By remaining committed to its core values and to learning from each other POE Program continues to witness historicail barriers to :civic participation diminish. Definitions of Outreach and En agement Outreach is defined as a,ctivillies that are intentionally employed to make, contact and potentially develop : in relationships with specific individuals and/0r groups for purposes including, but not restricted to sharing information, ieducation or service provision. Public Engagement is defined as activities that intentionaly enable community members to effectively p,ailicipate and engage in deliberation, dialogue, and action on public issties and in the Idesign and delivery of public services. Historically underrepresented groups' 111111 .Afirican Americans Amharic Speakers, Somalis Chinese (Mandarin and Cantonese Speakers) Cambodian (Khmer Speakers) Youth Seniors People Living with Disabilities Afaan-Oromd Speakers, Tigrinya Speakers 111111 111111 111111 111111 111111 111111 111111 111111 111111 SSeattle Department ei 30 served by POE Progra Laos Community Filipino (Tagalo• and Engilish Speakers) Vietnamese Hmong Mien .American Indians and Alaska Natives, Renters, Hispanic and Latino Communities Small businesses 41,1 1 Illon se ,1 vl HI 1111 1 1 1"n all!or191Ail„..0111.1.iirilt es HH H HH iHHHHHH I H 0 Attachment 3. Sample Liaison Request Form uttle Department of Public Outreach Engagement Request Form 1 Point of Contact Information Name of Key Contact„ Title: E ma,ill: Department:: Phone: 2) Additional staff involved in project (if needed) Name: T itf e: Ermaill Name: Title: Erma;ill Phone: Phone: 3) Department Director jar designee) Project Approval Name: Title: Sing nature: Phone: Project Information Project Title:, rief Project Description:: Timing of project:, Timing of outreach & engagement ,activities:: START DATE„ START DATE„ 5) Describe y ouur project in detail„ END DATE:: END DATE: 6 What are y ouu trying to a hie a with the hi via this project? What will "success." look like? Be specific., 7 Which HILICs do you want toengage? What is yaur goal far the # of community members you'd hike to reach? Be specific by listing c ullturaI IanQua =j"e community.* 241II:....' "� 31 0 8) What is the estiimated dollar ,amount for this project? a) .Are some of thee dollars dedicated to hiring a consultant? Ift) What is the estimated dollar amount for the consultant„ if applicable? c) What is the estimated dollar ,amount for POEL, services? 9) What kind{ of written materials are you planning for this project? Ex: survey formiquestionnaire, invitation to -community meeting, project fact sheet, etic. If so, .what is the estim.ated ,count of English words? NOTE: Written materials to be used by POELs and their communities need to be reviewed by POELs to ensure that English content is easily translated into the necessary languages. When English version is final, then PDELs can dotranslations. 10) If you plan to have community meeting(s), a,) do you expect them to be individualized (by culturallianguage group) or one large meeting with IHILICs? b) Do you have a target for nattendance? (Ag.ailn, refer to demographic and language ,data, to inform your attendance targets.) 11) Are you aware of other IDipportunities to leverage or share resources for outreach and public engagement services within your department or other departments, especially if impacting the same geographic area or communities? 12) ; i,sed on your department's experiences with hillCs„ where do you think your issueltopit would rank on their list of community priorities? What will be the impact on the communityr? 13) is there anything else you would like to add? *Refer to demographic and language datato inform your decision about communities to be targeted and the # of people you'd liketo hear from. 25 1 32 0 Attachment 4. Sample Budget Scenarios Liaisons # of liaisons Stipend / Cost per liaison Project expenses (food, meeting space, etc.) Liaison Expenses Administration Form, material development Contract, as 15% of liaison expense Administration Expenses City Personnel Equity and inclusion training Hrs/wk Wages, benefits City Personnel Expenses TOTAL Program Expenses 261II:....' "� Pilot Scenario One -year pilot with 2 liaisons 2 $5,000 $500 Program Program Scenario A Scenario B Annual program Annual program with 5 liaisons with 10 liaisons 5 $5,000 $1,250 10 $5,000 $2,500 $10,500 $2,000 $1,575 $3,575 $500 5.00 $75,000 $9,875 $23,950 $26,250 $52,500 $500 $500 $3,938 $7,875 $4,438 $8,375 $2,000 8.00 $75,000 $2,000 10.00 $75,000 $17,000 $20,750 $47,688 $81,625 33 0 Attachment 5. Sample Liaison Recruitment Template Tukwila Public Outreach and Engagement Liaison Program The City of Tukwila is committed to creating opportunities for all communities and groups to more fully participate in City processes through a Public Outreach and Engagement Liaison (POEL) Program. The City will contract with trusted, approachable and effective individuals to provide outreach and serve as liaisons to communities who have been underrepresented in City planning and decision - making. Liaison role: Liaisons will be expected to work approximately of hours over the course of . Liaisons will be paid approximately $ / hour for their work, which will include: • Developing a short proposal of outreach activities • Attending one training with Forterra and City staff • Talking to community members about & recording feedback • Facilitate discussions about [specific issue /topic] at community meetings (either existing or new) • Writing up results and sharing with City staff Applying We are accepting applications from individuals who should be interviewed as well as nominations. Liaisons are currently desired for [specific communities] in Tukwila. To apply, please submit a one -page letter of interest, resume and three references to by Timeline Applications due Interviews and selection Training Community outreach and facilitation Share final report with City staff Qualified candidates will have the following characteristics: • Confirmable experience in organizing, outreach and facilitation • Active in the community in Tukwila • Demonstrate connections and contacts in one of the highlighted communities • Proficiency in basic computer usage: Microsoft Office software, email and Internet • Fluency in language of one or more of the highlighted communities Liaisons are chosen for their existing ties to the community and evidence of their ability to build relationships and serve as bridges, whether through their formal or informal role in the community. Once selected, Liaisons will be oriented to the City planning process and the issue at hand and provided with additional support as needed. Questions? Please contact 27III:....' "� 34 0 TEdF Attachment 6. Sample Liaison Work Plan Updated 1/23/12 11 lb AM Trustec Goal Settling Prei sod Gos::11 (Quoingf 1 MS 0 Outirods) # Contacts made or Mdividuals reached 1_1# of engagement sessions Pc ro n Car (W10 at go y L o 0 0 nor h o over the co rscr or o rod est) Ac vocate Work Plan Name:: OrganlIzatIllon and Group arts 1 ortran 1 ti ono or groups that sidatiel far contastimi or would far doctul partnom ynith Miring ins, project Organization Constituency Contact Contact Info (Phone Of Email lJpdated 1/23/12 lEngag•rnent Strategies rd: ri Ida A,,,hat type of engagement a,essis yDff vosuld te ho or hew you, envision 2 h., pros:meet:I dates o, t m es ,:,,,n L: tia c h sod colend ii e,:ose as. as :ggligigst as pyres ia sy. AS C l AS 'SW 2 la!! 2 28 1 35 0 Updated 1/23/12 11:16 AM Res o Lirces IIVIeetIng spaces. 11r1 your colnrit...mity 'nay Liseful for .",„,;.,all:heirInn!,G) Space IName Contact Phone Number Cost or Fee Type Purpose Will you need assistance with this item? Camera Event type # of Parlicopants Camcorder Event type # of Part copents Projector Event type # of Palicopante Laptop Event type # of Part copents Area Maps Easels and Flip Clharts Updated 1/23/12 11 16 AM FOOd Ot I el- LH. Type of Food or Other Type of Event and Proposed # of Participants Purpose Event type # of Parlicopants Event type # of Part copents Event type # of Palicopante Event type # of Part copents 29 1 36 4 0 Ts Attachment 7. Sample Liaison Timeline Ou SSeattle Department of , - „rbli)0111g. treach or Engagement Activity Sample Timeline: Utilizing the Public Outreach and Engagement (POE) Liaisons To use the services of the Public Outreach and Engagement Liaisons (POEL) for undertaking an outreach and engagement (0 & E) activity„ it's important to have a basic understanding of the body of work), as well as the time required to reach out to members of refugee, immigrant, and other limited-English speaking community members„, POE Liaisons are also effective with other groups that might be underrepresented when it comes to interacting or engaging with city government; so the .work and timeline below might also be appiicable when 'reaching into renter, business, youth, people living with disabilities, or senior communities. This "Sample'" .:scheduie is based on conducting outreach far the purpose of informing people about an upcoming project and. extending an invitation to a community meeting to participate in providing their input or to get additional information and have questions answerecL Dec on or Activity /14Vben . , ... Comments Purpose is clarified. Week 1 Prior to this decision, the requesting department has completed a POEL Request Form and Use of POE Liaisons decided discussions have occurred with DON staff to by DON staff and requesting clarify the project, its purpose, and expected department. outcome of the 0 & E services. Scope of POEL work Week 1 & 2 Process could take more time based on MOA determined. negotiations. No work starts until MOA is in place. MOA will provide clarity about purpose MOA negotiated. for doing outreach or engagement activity, expected outcome, timeline for completing outreach or engagement work by POELs, and primary contact persons frorn requesting department and DON. 37 0 D ision or Activity %Pith r', 1 . . . . . COMMentS DON staff underg 05 " S Li bject matter" Ibriefing; timeline 'for corn pleting 084E work is reaffirmed. DON staff reviews documents to ensure that information 'is written — in English - in a style to make for easier translation and understanding by intended audience.. We 3 &.. 4 Requesting department provides the folllowing documents to POEL,Coordina,tor for review and feedback: • draft training docunlents • flyer for translation • Other handout docunlents for translation Written material should be informative and done in language easily understood by lay-persons. Schedule and conduct briefing/mini-training session for PDELs. Week 5, Training session (usually 2 hours), facilitated by DON staff and presented by aPPropriate menliber of requesting department. Written materials are translated and proofread Week 5 &.. 6 Depending on amount of written material, the timeline for compIlleting this work may be shorter' or longer. Process includes review and feedback by up to 2 proofreaders.. Materials are designed and printed and are available for distribution. Activate on-line site for gathering info, if necessary. , Week 6 &.. 7 Printing and uploading materials online will be done by requesting departiment. Outreach conducted. DON staff coordinates scheduling of community 'meetings Cif needed). Weeks 7 — 9 Depending an breadth of outreach effort, may need more time. Three weeks is minimum. If required, community nleeting(s) occur. POELs assist in facilitating and interpreting at meeting. Week 10 Requesting department staff who was engaged in the project throughout the process may participate in providing liMited assistance to POELs. Closing the Process by providing deliverables and invoidng for reimbursements. DON and city department meet to debrief. TIBD Meeting deliverables could include transliteration and subnlission of nneeting notes by POE L.. Requesting department staff may need to communicate to comm unity the results, feedback received, etc. 31 1 38 0 R Attachment 8. Sample Cost Reimbursement Sheet SNG Cost Reimbursement Rates for POEL Services A.. Outreach services performed by POLs at the rate of $50.00 per hour. B. linterpretation and facilitation services by POLs ,a1 the rate of $:50.00 per hour. C. 'Translation services, including the foliowing languages], at the rates ]shown: Language Afaah-Oromo At-Somali Amharic Rate Per Word Minimum Pay' 0.30 50.00 0.29 .50.00 _-_-_-_-_-_-_ Cantonese, Mandarin Khmer Lao, ]Ktimur Hmong Spanish Tagalog Tigriniya Vietnamese 0.29 50.00, 0.22 40.00 0.29 0.28 0.18 50.00 40,00 40.00 0.28 40.00 030 0.27 50.00, 40.00 D. Review andlor proofreading Of translated material at the rate of $.20.00 per document, per person. POiLs, in conjunction with DON, may recruit up to three proof readers per language. E. Reimbursement of POLis for use bilfpersOhat ivOittles at the federal prescribed rate of $0..555 in 2011 per mile and for parking 's,' lenses upon submission of receipts. F. Reimbursement of POLs for misbeillaneops; supplies, and copying serince.., when required on an urgent basis. G Childcare services provided at Neighborhood Plan Update (NPU) community engagement meetings or other City meetings asimutuailly agheed, at the rate of $25.00 per hour per provider. The Fiscal Agent snail! subcontract Childcare ]Services with a state Licensed provider that can provide trained and licensed staff who has beensubMitted to a background check.. H. Refreshment and refreshment-service fees provided at community engagement meetings. The maximum costs for any given engagement is based on the estimated number of attendees at a cost not to exceed $5.00 per person. L. Deposits and/or facility rental] fees for NPU or other community engagement meetings as mutually agreed.. Note: not nolluded n the above list, "Transliteration" rate of $40/hr. s a II.so paid for transcribing meeting notes an Provi'ding the same to City .staff... 32 1 39 0 Attachment 9. Liaison Training Curriculum and Materials Training modules: 1) Contracting Requirements and Reporting 2) City of Tukwila 101 a. City profile b. Demographics c. City government organization d. Role of City Council and Mayor e. Boards and Commissions 3) Planning 101 a. What is planning? b. Major planning rules and regulations c. Effective participation in the planning process d. Key players e. How to influence planning f. Why participate 4) Engagement Strategies 5) Issue - specific training 33III "' 40 0 Attachment 10. Principles of Equitable Development and Planning. Pullet Sound Reitional Eauity Network: Principles of lEaruitable Development Social Equity means all people can attain the resources and opportunities that improve their quality of life and enable them to each their full potential, Addressing the history of inequities in the systems we work in and their on-going impacts in our communities is a shared responsibility. Social equity also means that those affected by poverty, communities of color, and historically marginallized comimunities have leadership and influence in decision making processes, planning, and policy-making. Together we can leverage our codective resources to create communities of opportunity. Principles of Equitable Development and Manning Advance economic opportunity. Promote local economic development and entrepreneur opportunities, enhance community-serving establishments, and increase quality living wage jobs for people in all neighborhoods. Prevent displacement. Devellop policies and programs that allow anyone who wants to five in the community to do so, especially current residents, and discourage displacement of viable smalll businesses that serve community needs. Preserve and expand' affordable housing option's. Create healthy, safe and affordable housing for all family sizes and incomes in all neighborhoods. Understand and respond to 'local context. Respect local community Icharacter, cultural diversity, and values. Preserve and strengthen intact neighborhoods, building upon their Ilocal assets and resources. Promote broader mobility and connectivity. Prioritize an effective and affordable public transportation network that supports transit-dependent cornmunities and provides equitable access to core services and amenities, including employment, education, and health and social services. Practice meaningful community engagement. Require local community participation and Ileadership in decision-making to reflect a diversity of voices, including targeted strategies to engage historically marginalized communities. Build cultural competence and responsiveness amongall stakeholders, and structure planning processes to be clear, accessible and engaging. Develop healthy and safe communities. Create built lenvironments that enhance community health through public amenities (schools, parks, open spaces, complete streets, health care and other services), access to affordable healthy food, improved air quality, and safe and inviting environments. Promote environmental justice. 'Eliminate disproportionate environmental burdens and ensure an equitable share of environmental benefits for existing communities. Secure resources to mitigate and reverse the effects of environmental hazards past and present. Achieve full accessibility. Ensure any development that results from investments in the built environment is accessible and welcoming to people regardless of age, physical l condition, or Ilanguage. 34 1 41 42 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by iligyor's Council review K� it, 01/28/13 PMC ` /' 02/04/13 PMC ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion /1 Ordinance Mtg Date Mtg Date 02/04/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ITEM INFORMATION ITEM No. 4.A. 43 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DAI'E: 01/28/13 AGENDA ITEM TITLE Repeal Ordinance No. 2313 Section Ordinance No 2314 Section 3 1 as it relates as it relates to to water bill leak adjustments and sewer bill leak adjustments. 01/28/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion /1 Ordinance Mtg Date Mtg Date 02/04/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ IT ❑ P &R ❑ Police ❑ PW ❑ DCD ►1 .Finance ❑ Fire SPONSOR'S Repeal Ordinance No. 2313 Section 1 as codified at TMC Section 14.04.245 and Ordinance SUMMARY No. 2314 Section 3 as codified at TMC Section 14.16.055 to remove language related to water and sewer bill leak adjustments REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 01/23/13 1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Finance Unanimous Approval, Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/28/13 MTG. DATE ATTACHMENTS 01/28/13 Informational Memorandum dated 01/14/13 Ordinance in Draft Form Current Leak Adjustment Policy No. 300 -14 with changes tracked Ordinance No. 2313 Ordinance No. 2314 Minutes from Finance and Safety Committee meeting of 01/23/13 2/4/13 43 44 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: January 14, 2013 SUBJECT: To Amend City Administrative Policy No. 300 -14, "Utility Leak Adjustment Policy," and Repeal Ordinance No. 2313 Section 1 as it Relates to Water Bill Leak Adjustments and Ordinance No. 2314 Section 3 as it Relates to Sewer Bill Leak Adjustments ISSUE Amend Administrative Policy No. 300 -14, "Utility Leak Adjustment policy," and repeal ordinance No. 2313 Section 1 as it relates to water bill leak adjustments and Ordinance No. 2314 Section 3 as it relates to sewer bill leak adjustments removing these policies from Tukwila Municipal Code. BACKGROUND The City established the Utility Leak Adjustment Policy in October 2009, City Administrative Policy No. 300 -14. This policy was also incorporated in Ordinance Nos. 2313 and 2314, passed by the City Council on 10/15/2010. After three years of utilizing this policy, it has become necessary to clarify certain sections of the policy, update language in several sections and repeal certain sections of Ordinance Nos. 2313 and 2314. The notable changes include adding the definition of a leak, time limit to apply for relief, change in calculation of adjustments, new dollar adjustment limit, and removing the Utilities Committee as the appellate body. Additionally, administrative policies are operational in nature, and not usually adopted via ordinance. Previous Council adoption of the leak . policy is not similar to how other administrative policies are adopted. DISCUSSION There are various issues that have been considered in making the proposed changes to the Policy. The proposed changes are detailed as follows: • A leak is defined as a broken water pipe on the service line between the City's meter and the structure. This will exclude broken hot water tanks, running toilets, broken faucets, and broken hose bibs. This gives a clearer definition of what types of leaks are eligible for adjustment, and puts the onus on the owner to maintain the property. • The Leak Adjustment request form must be submitted to the Finance Department within 90 days of the billing month in which the leak occurs. A time frame is not addressed in the current Policy. The intent is to encourage the owner to address water leaks in a timely manner. 45 46 INFORMATIONAL MEMO Page 2 • Change the current Policy from one leak adjustment per 12 month period to a maximum of one adjustment every 36 months. This will encourage the owner to have a more permanent fix to the service line rather than a "Band -Aid" approach. • The water portion of the adjustment calculation will be changed from a 100% adjustment for consumption due to leakage to 50 %. This allows the City to recapture approximately the cost of the water purchased from Seattle via the Cascade Water Alliance. • Change the total water /sewer adjustment limit from $5,000.00 to $800.00. This will limit the financial impact on the Water and Sewer fund. • Delete the language in the Policy which references any disputed adjustment amounts having the appeal process officially reviewed by the Utilities Committee. Any written appeal for review will remain with the Finance Director. This will expedite the resolution of the appeal. One final change to the policy is to repeal certain parts of Ordinance Nos. 2313 and 2314 which established it in sections 14.04.245 "Water Bill Leak Adjustments" and 14.16.055 "Sewer Bill leak Adjustments ". It has been determined that this policy is administrative in nature; similar to other financial policies that document procedures handling billing disputes, late fees, and other administrative adjustments to customer accounts. While the objective is to streamline the dispute process by keeping the adjustment and appeal process within the Finance Department, property owners and their agents always have the ability to comment to City Administrator, Mayor, or City Council, if they desire. The section in Ordinance No. 2313 to be repealed can be found on page 6 of the ordinance and the section in Ordinance No. 2314 to be repealed can be found on page 9 of the ordinance. FINANCIAL IMPACT The financial impact to the City will be a slight increase in revenue in both the water and sewer funds. It is anticipated that total refunds would decrease between $5,000 and $10,000 annually. RECOMMENDATION Council is being asked to repeal Ordinance No. 2313 Section 1 as it relates to water bill leak adjustments and Ordinance No. 2314 Section 3 as it relates to sewer bill leak adjustments. This item is scheduled for the January 28, 2013 Committee of the Whole, and February 4, 2013 Regular Council Meeting. ATTACHMENTS Draft Ordinance Current Utility Leak Adjustment Policy No. 300 -14 with changes tracked Ordinance No. 2313 Ordinance No. 2314 W:12013 Info Memos- CouncillLeak Adjustment Policy.doc DRFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2313, §1 (PART), AS CODIFIED AT TMC SECTION 14.04.245; ORDINANCE NO. 2314, §3 (PART), AS CODIFIED AT TMC SECTION 1.4.16.055; AND THE REMAINING SECTIONS OF ORDINANCE NO. 2252 ( §3 AND §4) RELATING TO THE CITY'S UTILITY LEAK ADJUSTMENT POLICY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance Nos. 2313 and 2314 set forth a procedure for approval, calculation, and adjustment of water, sewer, and sewage treatment charges where excessive water consumption can be attributed to a water leak; and WHEREAS, Ordinance Nos. 2313 and 2314 require that amendments to the leak adjustment policy be approved by the Finance & Safety Committee; and WHEREAS, this process is in conflict with the regular and usual practice of the City Council to set policies as the entire Council; and WHEREAS, it has been determined that the leak adjustment policy is strictly administrative in nature and those above - referenced sections of Ordinance Nos. 2313 and 2314 should be repealed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2313 §1 (part), as codified at TMC Section 14.04.245, "Water Bill Leak Adjustments;" and Ordinance No. 2314, §3 (part), as codified at TMC Section 14.16.055, "Sewer Bill Leak Adjustments;" are hereby repealed. As the remaining sections of Ordinance No. 2252 ( §3 and §4) are no longer applicable, they are also repealed, thereby completing the repeal of Ordinance No. 2252 in its entirety. W: Word Processing \Ordinances \Repeal ordinance relating to utility leak adjustment policy 12 -27 -12 VC:bjs Page 1 of 2 47 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 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: W: Word Processing \Ordinances \Repeal ordinance relating to utility leak adjustment policy 12 -27 -12 VC:bjs 48 Page 2 of 2 CITY OF TUKWILA ADMINISTRATIVE MANUAL Index: 300 -14 Page 1 of 2 TITLE: UTILITY LEAK ADJUSTMENT POLICY PURPOSE: To provide a procedure for approval, calculation and adjustment of water, sewer and sewage treatment charges (Single Family & Non - single family account classifications) where excessive water consumption can be attributed to a water leak. ORGANIZATION AFFECTED: REFERENCES: POLICY: 1. The property owner, or their agent, must request the adjustment in writing by completing a request form located at the Finance Department in City Hall or on the City's website. This request form must be submitted to the Finance Department within 90 days of the billing month in which the leak occurred in order to receive any adjustment. A leak is defined as a broken water pipe on the service line between the City's meter and the structure. Required information shall include: a. Name, service address where leak occurred and account number b. Description of leak and date repaired c. Copy of repair bill or materials receipts d. Signature of property owner or their agent 2. Upon receipt of the completed request form, a representative of the City Public Works department will confirm, through visual inspection, that the leak has been repaired. 3. Following confirmation of repair, Finance personnel will adjust no more than two billing cycles (2 months). Single - family account types will have water only adjusted. Non - single family account types, where the customer's sewer bill is based on the water consumption, will be allowed an adjustment to the water, City sewer and Metre-sewer sewage treatment charge, provided it can be confirmed to the satisfaction of the Finance Utilities Supervisor that the additional water volume was due to the leak and did not enter the sanitary sewer system. 4. The consumption used to determine the leak adjustment amount will be the actual consumption from the same billing cycle of the previous year except for situations described in number 5. 5. For property owners who have been owners for less than one year, or in situations where the current tenant did not occupy the same space in the previous year, the consumption used to determine the leak adjustment amount will be one of the following: a. An average of the water consumption in the three- complete billing cycles immediately preceding the bill cycle in which the leak began. b. In the absence of three complete prior billing cycles, water consumption after the leak repair is complete can be used to estimate consumption during the leak period. 49 50 TITLE: UTILITY LEAK ADJUSTMENT POLICY Index: 300 -14 Page 2 of 2 6. One leak adjustment per 4-236 —month period per 7. The leak adjustment calculation will be as follows: a. For water, 50% of the excess consumption b. For sewer, 100% of the excess consumption types only. c. For sewage treatment, 100% of the excess commercial/industrial account types. d. The maximum adjustment given by the calculations outlined in 7a through 7c shall 8. Property owners will be eligible for a leak adjustment - - - is account for all for consumption City, be $800.00. than $500.00 will be authorized. account types. commercial/industrial account for both multi - family and regardless of the results of the if the total dollar amount of the $50.00 $30.00 but (or $25.00 for a adjustment : .. . ..- : greater to for water only adjustments. water only account) not exceed a credit of limited than $5,000.00 800.00. for of water Adjustments are to no more any combination the type of customer. amount aver sewer charges, regardless 9. Leak adjustments shall have a. $500.00 or less — Finance b. Greater than $500.00 and 10. If disputes of the following required Utilities Supervisor to $5,000.00 $800.00 approvals: — Finance Director by the City in the disputed up the decision the property owner made which Director for the by the City Council Utilities an administrative review of adjustment Committee. Recommendations for leak by Utilities Committee will be adjustments made the full City Council for final Such request should submitted to consideration and approval. identify describe the leak the basis for the request for an the property, and repair, and state The Finance Director the written request for administrative review. must receive 15 days from the date the City the adjustment to the administrative review within posted Pending the decision this the account. on review, customer who requests such review must Director is A decision be provided. of such an administrative review will provided within 30 days the for review. Upon the written of receipt of written request administrative decision the Finance Director, if has been incorrectly the of an account charged, account be to billings during the will adjusted accordingly cover all occurring administrative review billings that the date the for in and all preceded of receipt City of written request review, accordance with policy. Title: UTILITY LEAK ADJUSTMENT POLICY Initiating Department: Finance Effective Date: ?/ ?/2012 Supersedes: 10/05/2009 Mayor's Office Approval Signature: 50 City of Tukwila Washington Ordinance No. D,3 ) 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.04 AND 14.06 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO WATER RATES AND BACKFLOW PREVENTION ASSEMBLIES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the water utility; and WHEREAS, the City Council desires to continue the pass - through rate increases received from the City's water supplier; and WHEREAS, the City needs additional revenues to adequately fund the Capital Improvement Program for the water utility; and WHEREAS, the administrative cost of servicing the water utility accounts increase annually; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations established. "Water Management Fees and Regulations," to be codified at Tukwila Municipal Code (TMC) Chapter 14.04, are hereby established to read as follows: 14.04.010 Definitions. A. "Director," wherever used in TMC Title 14, means the Director of Public Works or his or her designee. B. "Department," wherever used in TMC Title 14, means the Department of Public Works. C. "Person," wherever used in TMC Title 14, means and includes natural persons of either sex, associations, partnerships, or corporations, whether acting by themselves or by a servant, agent or employee; the singular number includes the plural and the masculine pronoun includes the feminine. 14.04.020 Application to Connect Required. Any person desiring to be connected with the City water supply system shall make application therefor to the Department. Applications shall be made upon a printed form furnished for that purpose, which application shall contain a description of the property where such water supply is desired, the size of the service pipe, and shall be signed by the owner of the property to be served or his duly authorized agent. 14.04.030 Contents of Application. The application provided for in Section 14.04.020 shall contain a contract on the part of the person making the same to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the City the right to charge and to collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided; to change the rates at any time by ordinance; to temporarily discontinue the service at any time without notice to W: Word Processing \ Ordinances \Water Regulations Page 1 of 9 GL:mrh 51 the consumer; and shall specify that said contract is subject to all the provisions of this chapter and of any ordinance of the City relating to the subject hereafter passed; and shall provide that the City shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances in the property supplied with water, installed by the owner or occupant of said property; and shall provide that in case the supply of water shall be interrupted or fail by any reason, the City shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligations of his contract. 14.04.040 Effective Date of Contracts. All contracts shall take effect from the day they are signed and rates shall be charged from the day the property is connected with the City water supply. 14.04.050 Connection Procedure. Upon the presentation to the Director of the receipt for the installation fees, the Director shall cause the property described in the application to be connected with the City's water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the City. 14.04.060 Installation and Apparatus Standards and Specifications. The current requirements of the Tukwila Municipal Code, the Tukwila Public Works Department, the Tukwila Fire Department, the Rules and Regulations of the Washington State Department of Health, the Uniform Plumbing Code, American Water Works Association Standards, and the American Public Works Association Standards shall be met and apply to any and all water main installations, extensions, service connection, irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main connections, and branches hereinafter installed in the City. Detailed criteria and permit requirements are available through the City of Tukwila Infrastructure and Development Standards. 14.04.070 Connection Installation Fees. The water meter shall be installed by the City water utility. The water meter installation fee shall be payable at the time of application for connection. Whenever the fee is not sufficient to cover the total expense for labor, materials, and overhead, the deficit shall be charged to the property for which installation was made and to the owner thereof. Any excess payment shall be returned to the person applying for the installation. 14.04.071 Regular Connection Charge. In order that property owners shall bear their equitable share of the cost of the City's entire water system, the property owner seeking connection to the water system of the City shall pay, prior to connection to a City water system, a regular water meter installation charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.072 Special Connection Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071, a special connection charge shall be paid by the owners of properties that have not been assessed or charged or borne the cost of private development of mains or laterals or borne an equitable share of the cost of the City water system. The special connection charge shall be computed as provided in TMC Section 14.04.074 in the absence of latecomers' agreements, Local Improvement Districts, or special assessment ordinances. 14.04.074 Computation of Special Connection Charge. A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to the water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040. B. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of water mains or lateral lines of a similar nature, the amount so paid shall be credited to the W: Word Processing \ Ordinances \Water Regulations Page 2 of 9 GL:mrh 52 assessment against such property and such amount shall be paid from the water fund to such Local Improvement District fund. 14.04.076 Regional Capital Facilities Charge. In addition to the regular connection charge imposed under TMC Section 14.04.071 and any special connection charges under TMC Section 14.04.072, a regional system growth fee known as the Regional Capital Facilities Charge (RCFC) shall be paid for all new residential, multi - family housing, or commercial service connections on or after January 1, 2003, for regional capital costs associated with new supply and transmission of water. Property owners shall pay the RCFC prior to permit issuance for connection to a City water system. The fee for this expense shall be established by the Cascade Water Alliance and passed through without additional markup. 14.04.080 Connection Notification. Whenever the owner or occupant of any property connected with the City water supply system desires to use the water, he shall notify the Director and request that the water be turned on to the property. The owner shall leave his portion of the service exposed in the trench until it has been inspected and the water turned on, when he shall immediately cover the pipe. 14.04.090 Connection to Water Main. All water used for any purpose other than fire protection service shall be supplied through a meter. Every house or building supplied by City water must install its own separate service connection with the City main, and the house or building so supplied will not be allowed to supply water to others, except temporarily where there are no mains in the street. When a new main is laid in any street, owners of property on the street who are being supplied with City water from a private main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main in front of the property. 14.04.110 Change in Size or Location of Connection. A change in the size or Location of a service connection shall be paid for by the owner on the basis of the cost of materials and labor involved in making said change, plus administrative overhead. 14.04.120 Application to Discontinue Water - Fee to Turn Water Meter On. Whenever any water customer desires to discontinue the use of water for a period of not less than one month, he shall make written application to have the water turned off and pay all arrears in full. A charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council will be assessed to turn water on. No reduction of rates will be made for less than one month, or without the application prescribed in this section. Work performed outside of normal working hours, due to customer request, will receive an additional charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council 14.04.122 Special Meter Read. Whenever a water customer desires to have the water meter read outside the water department's normal meter reading schedule, a written application shall be submitted specifying the requested read date. A fee will be charged for this meter reading service in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.125 Charge for Shut -off Notices for Delinquent Water Service Billings. A. When water service customers are 60 days in arrears, a shut -off notice shall be mailed or posted. There shall be a service charge on water accounts for all shut -off notices in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. This fee will be applied first before regular service charges are credited. B. All monies in arrears, which is defined as the amount owing eleven days after the billing date, are due upon receipt of a shut -off notice. To avoid water shut -off, arrangements for payment may be made with the Finance Director. C. When water is used after the meter has been turned off and locked for non- payment, an unauthorized water turn -on fee will be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. W: Word Processing \ Ordinances \ Water Regulations Page 3 of 9 GL:mrh 53 14.04.130 Cost of Shutoff and Turn -on by City. When water has been shut off by the City for any cause and is turned on again or allowed or caused to be turned on by the owner without written application, no remission of rates will be made on account of its having been shut off, and the Director may then shut off the water at the main or remove a portion of the service connection in the street, and shall charge the actual cost of cutting out and reinstating the water supply to the owner of the property 14.04.150 Water Utility Billing. All accounts for water shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant and /or third -party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.160 Chapter Compliance Required. It is unlawful for any person to make any connection with any service or branch pipe thereof, or to make any repairs, additions, or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be connected with the City water system, except in compliance with this chapter. 14.04.165 Water Shortage Response Plan. A water shortage response plan is required by the wholesale water supplier, the Cascade Water Alliance, and by the public welfare to effect conservation of water during water emergencies. A water shortage response plan for the Tukwila water system, as required by WAC 246- 290 -42, shall be updated by the Council as required. 14.04.170 Emergency Change in Water Use. A. Upon finding that an emergency situation exists, the Director shall: 1. Immediately seek to communicate with the Mayor and Council through the fastest means feasible to advise them of this emergency situation and the reason for such restrictions. 2. Immediately take steps to notify the public within the service area affected through the media and other means to advise said water users of such emergency water conservation measures and the necessity thereof. 3. Implement such measures and regulations as may be necessary to implement water use restrictions under this ordinance and the plan adopted in TMC Section 14.04.165. B. The Mayor, upon finding that an emergency situation exists which threatens to seriously disrupt or diminish the municipal water supply, may order restrictions on water use so as to distribute the available supply on a just and equitable basis to all customers, including residential, industrial and commercial users who purchase water. C. Upon declaration of a water supply emergency by the Mayor, no water shall be used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the washing of cars, driveways or other outdoor surfaces by any customer at any residence, apartment building, commercial building, or property or structure except at such times and under those conditions as specified by the Director. These restrictions are to be implemented even though more restrictive than the plan provisions and shall in no way limit indoor rationing provisions of the plan. 14.04.175 Violations. A. The Director shall be authorized to impose sanctions and /or surcharges upon those customers within the affected area who refuse or otherwise fail to comply with the emergency conservation measures directed by levying a surcharge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council and /or disconnecting water service to said customers. B. The restrictions and surcharge shall not compromise the health, safety or welfare of the public. Exemption from the imposition of a surcharge may be granted by the Mayor or Director in the Mayor's absence, upon written request, if it is found that a surcharge will constitute an undue burden on the customer. W: Word Processing \ Ordinances \ Water Regulations Page 4 of 9 GL:mrh 54 14.04.180 Water Falling on Street or Sidewalk. It is unlawful for any person willfully to place any automatic sprinkling device in a wasteful manner or willfully to place or to hold any hose in such position or manner that water falls on any person while on any public street or sidewalk. 14.04.190 Violation of TMC Section 14.04.180. If any person violates any provision of TMC Section 14.04.180, the City shall shut off the water furnished to the property upon which such violation is made, and shall charge a fee for turning on the water in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.200 City Control of Water Use. The City reserves the right in case of a shortage of water from any cause to make an order forbidding or suspending the use of water for sprinkler or irrigation, or to fix the hours during which the same may be done, by proper notice. Any person violating such order shall have his water shut off by the City and shall pay a fee for having the water turned on again as in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.210 Use of Water Restricted During Fire. It is unlawful for any person to use water for irrigation or sprinkling during the progress of any fire in the City, unless for the protection of property; and all irrigation and sprinkling shall stop when an alarm of fire is sounded, and shall not begin again until the fire is extinguished. 14.04.220 Right of City to Shut Off Supply. The City reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the City shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water. 14.04.230 Meter Ownership and Maintenance. All meters on services of consumers shall be and remain the property of the City. In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants, and in the case of nonpayment, the water shall be shut off and will not be turned on until such fee and the charge for turning on the water are paid. In event of the meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the Director on the average monthly consumption during the last three months that the same was in good order or from what he may consider the most reliable data at his command. 14.04.240 Rates for Metered Water. A. The rates for metered water supplied within the City for commercial/ industrial customers, in one -month increments or any fractional part thereof, shall be in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Single - family customers (one dwelling unit): Each single - family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. C. Multi- family customers (more than one dwelling unit): Each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of all water service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance W: Word Processing \ Ordinances \ Water Regulations Page 5 of 9 GL:mrh 55 Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for the special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. E. Tukwila's current fee schedule will be reviewed annually and at such time the City may amend the water rates to reflect the City's increased costs. 14.04:245 "Water:. Bill Leak Adjustments. City Administrative Policy No. 300 -14, "Utility Leak Adjustment Policy," is hereby adopted and incorporated into this chapter by reference as if fully set forth herein. The Finance Director is required to maintain the administrative leak adjustment policy. Changes to the policy require approval of the City Council Finance and Safety Committee. 14.04.250 Fire Protection. A. Arty service connection to the main for a fire sprinkler system shall be approved in advance by the City, and shall be installed at the expense of the owner, and fitted only with such fixtures as are needed for fire protection and must be entirely disconnected from those used for other purposes. B. Any service connection other than fire sprinkler installed on private property for fire protection, and fitted with fire hydrants, stand pipes or other outlets for fire protection, shall be approved in advance by the City. C. It is unlawful for any person to fail, neglect or refuse to give the Director or his duly authorized representative free access at all reasonable hours to all parts of premises supplied with water from the City mains for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water being used and the manner in which it is used. D. The rates for water supplied for fire protection purposes exclusively shall be deemed service charges and shall be, for any one month or fractional part thereof, charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. E. Water used for any other purpose than for fire protection service shall be deemed as theft and the owner will be made liable for the cost of water used and a meter shall be required on any fire protection service connection. 14.04.260 Rates Outside City Limits. The rates for water supplied to consumers not within the City limits shall be as follows: The same rate schedule as provided in TMC Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the City limits are subject to the same rates to consumers inside the City limits, provided that nothing in this section shall prevent the City Council from fixing other and different rates for the sale of water to water districts, provided that all meters for measuring water to outside consumers are installed within the City limits or within the limits of easements, franchises, or rights -of -way belonging to the City. 14.04.270 Payment of Charges - Delinquency. All water charges and related fees shall be due and payable on the first day of each and every month for the water consumed and the services provided during the previous month and shall be paid to the Finance Department. In all cases when the water bill becomes delinquent, the Director may shut off the water and shall not turn it on again until all arrearages have been paid. All bills will become delinquent on the eleventh day of the month following the month that the water was consumed. Interest will be charged on delinquent balances 30 days in arrears in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.280 Failure to Receive Bill. Failure to receive a bill will not be recognized as a valid excuse for failure to pay fees when due. Change of ownership of property and change in mailing address must be filed in writing with the Finance Director. W: Word Processing \ Ordinances \ Water Regulations - Page 6 of 9 GL:mrh 56 14.04.290 Bathing or Discarding Substance in City Water System. It is unlawful for any person to bathe in or to throw any substance into any reservoir, water tank, or impounding dams of the City water system. 14.04.300 Connection Without Permission. It is unlawful for any person to make connections with any fixtures or to connect any pipe with any water main or water pipe belonging to the water system or to open or to close any valves in the system without first obtaining permission from the Director. 14.04.310 Supervisor Authority - Appeal to Council. The Director shall have authority to decide any question that may arise and that is not fully covered in this chapter, and his decision shall be final unless an appeal is made to the City Council. In such a case, the decision of the Council shall be final. 14.04.320 Payment by City for Fire Hydrant Supply. The City shall pay to the Tukwila water department a monthly fee for water furnished to each fire hydrant in the City in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.04.330 Temporary Water Meters. A. Temporary water meters are available on a rental basis from the Public Works Department, with the rental deposit amount charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Meters are to be used only for the designated project. C. Meters are to be returned promptly upon completion of the project or at the end of 60 days, whichever comes first. D. Meters are to be returned in the same condition as when rented. The user is responsible for meter damage and shall pay all costs related to repair. Lost or stolen meters are the responsibility of the renter and renter shall pay all costs associated with replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated amount of water used. E. Meters may be moved from one hydrant to another within the same project providing: 1. Water Department is notified in advance of proposed relocation; 2. Hydrant wrenches are used in making all connections and disconnections. F. Rates for water usage through temporary meters shall be charged in accordance with the June through September Commercial /Industrial fee schedule to be adopted by motion or resolution of the Tukwila City Council. Section 2. New Regulations Established. Provisions for "Backflow Prevention Assemblies," to be codified at Tukwila Municipal Code Chapter 14.06, are hereby established to read as follows: 14.06.010 Purpose of Chapter. The purpose of this chapter is to protect the public water system from contamination due to backflow through cross - connections, and eliminate or control cross - connections between the public water system and any private water supply. 14.06.020 Authority. A. The Public Works Director, or his or her designee, shall administer this chapter. The Director's authority includes the establishment of regulations and procedures, enforcement, and implementation of measures necessary to carry out the intent of this chapter. B. The Director promulgates and implements the City's policy on cross - connection control for the operation of the Cross - Connection Control Program. The Cross - Connection Control Program policy shall be enforced under the requirements of this Chapter. W: Word Processing \ Ordinances \ Water Regulations Page 7 of 9 GL:mrh 57 14.06.030 Definitions. A. "Backflow" means undesirable reversal of flow of water or other substances through a cross - connection into the public water system or customer's potable water system. B. "Approved backflow prevention assembly" means a Reduced Pressure Principle Assembly (RPPA), Reduced Pressure Detector Assembly (RPDA), Double Check Valve Assembly (DCVA), Double Check Detector Assembly (DCDA), Pressure Vacuum Breaker Assembly (PVBA), or a Spill- Resistant Vacuum Breaker Assembly (SVBA) that is approved by the Washington State Department of Health (DOH). Assemblies that will be approved will appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross - Connection Control and Hydraulic Research or other entity acceptable to the DOH. C. "Cross- connection" means any physical connection whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. 14.06.040 Cross - Connections Declared Unlawful. The installation or maintenance of a cross - connection, which in the opinion of the Director, or his or her designee, will endanger the water quality of the potable water supply of the City, is unlawful. 14.06.050 Approved Backflow Prevention Assemblies. Approved backflow prevention assemblies, when required to be installed in the opinion of the Public Works Director, or his or her designee, shall be installed and maintained by the service customer on any service connection to the City's water supply system where said approved backflow prevention assemblies are necessary for the protection of the City's water supply. 14.06.060 Regulation of Private Water Supplies. Use or operation of a private water supply system, contrary to the provisions of the ordinances of the City, or the laws of the State, or the rules and regulations of the DOH regarding public water supplies where said private system is served by the City public water supply, is unlawful. 14.06.070 Adoption of State Regulations. DOH rules and regulations regarding public water supplies, entitled "Cross- Connection Control Regulation in Washington State" codified at WAC 246- 290 -490, and the American Water Works Association, Pacific Northwest Sections' Second Edition of "Accepted Procedure and Practice in Cross - Connection Manual" as they presently exist or are hereafter amended, are adopted by this reference as if set forth in full and are on file in the office of the City Clerk. 14.06.080 Abatement of Unlawful Cross- Connections and Installation of Approved Backflow Prevention Assemblies - Procedure. Cross - connections declared in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter installed, and/ or services requiring backflow prevention assemblies and/ or unlawful use or operation of a private water supply system served by the City public water supply system are public nuisances, and in addition to any other provisions of this code or the ordinances of the City where abatement of public nuisances shall be subject to abatement in accordance with the following procedure: 1. In the event that the Public Works Director determines that a nuisance as herein provided does exist, written notice shall be sent to the person in whose name the water service is established under the records of the City water department, or alternatively, a copy of such written notice shall be posted on the premises served. 2. The notice shall provide that the nuisance described herein shall be corrected within 30 days of the date said notice is mailed or posted on the premises. 3. In the event said nuisance is not abated within the prescribed time, water service to said premises shall be discontinued. W: Word Processing \ Ordinances \ Water Regulations Page 8 of 9 GL:mrh 58 4. In the event that the nuisance, in the opinion of the Public Works Director, or his or her designee, presents an immediate danger of contamination to the public water supply, service from the City water supply system to the premises may be terminated without prior notice, provided, however, notice will be posted on the premises in the manner heretofore provided at the time said service is terminated. 14.06.090 Penalties. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.06, shall be subject to the terms and conditions of Chapter 8.45 ("Enforcement"). Section 3. Repealer. Ordinance Nos. 951 §1 (part), 1770 (part), 1766 §1 (part), 1798 §2, 2001 §1, 2187 (part), and 2252 §1 (part) are hereby repealed. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TIJKWILA, WASHINGTON, at a 7'`N Regular Meeting thereof this / S day of Noy Q .n Sc/ , 2010. ATTEST/ AUTHENTICATED: F Christy O'F1a (erty, CMC, City Clerk APPR agger fs` ayor iled with the City Clerk: ) 1- / 0-10 RM BY: Passed by the City Council: j 15 --I (2 Published: Effective Date: e N / (� Ordinance Number: d� Offi - . the C. < Att. ney W: Word Processing \ Ordinances \Water Regulations Page 9 of 9 GL:mrh 59 60 City of Tukwila Washington Ordinance No. 3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTERS 14.08, 14.12 AND 14.16 RELATING TO THE UPDATING AND EXPANDING OF THE REGULATIONS RELATING TO SEWER RATES AND DISCHARGE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to have in place an equitable and adequate rate structure to finance the operation and maintenance of the sewer utility; and WHEREAS, the City Council also desires to establish the appropriate fees for work requiring a permit and inspection; and WHEREAS, the City needs additional revenues to adequately fund the sewer utility and related capital improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 14.08, "Sewage Waste Disposal Systems ", hereby reads as follows: 14.08.010 County Ordinance Adopted. The regulations and provisions of Title 13 of the Board of Health of King County, Washington, entitled "Board of Health On -site Sewage Regulations" as they presently exist or are hereafter amended, are adopted by the reference as if set forth in full and are on file in the office of the City Clerk. Section 2. TMC Chapter 14.12 "Sewer Regulations," hereby reads as follows: 14.12.020 Definitions. See TMC Section 14.04.010. 14.12.030 Notice - Connection Requirements. The owner of each lot or parcel of real property within the area to be served by the sanitary sewage disposal system, upon which such lot or parcel of property there shall be situated any building or structure for human occupancy or use for any purpose, shall within 30 days after the publication in a newspaper of general circulation within the City of a notice signed by the Mayor and City Clerk, for connections to be made therewith, cause a connection to be made between the said sewage system and each such building or structure; provided that where more than one such building is located on a lot or parcel of land not larger than 50 feet in width and 100 feet in depth, and all such buildings may be served by one sanitary sewer connection, only one connection for all such buildings need be made. All premises upon which any portion of any building is situated within 250 feet of a sanitary sewer line or lateral shall be deemed to be within the area served by said sanitary sewage system. All connections shall be made to said sanitary sewage system in a permanent and sanitary manner subject to the approval of the Director, and shall be sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any other piece or type of equipment having waste fluids shall be connected with said sanitary sewage system; provided, that where such building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy. W. Word Processing \ Ordinances \Sewer Regulations Page 1 of 11 GL:mrh 61 14.12.040 Penalty for Late Connection - Payment. If any connection shall not be made within the time herein provided, the Director or such other employee of the City as the Mayor or City Council designate is hereby authorized and directed to cause the same to be made and to file a statement of the costs thereof with the City Clerk; and thereupon a warrant shall be issued under the direction of the City Council against the sewer fund for the payment of such cost. Such amount, together with a penalty of 10 %, plus interest at the rate of 8% per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon as hereinafter provided as in the case of delinquent sanitary sewer service charges. The total amount when collected shall be paid into the sewer fund. In the alternative, if any such connection shall not be made within the time hereinabove provided, the Director or such other employee of the City as the Mayor and City Council may hereinafter designate, shall certify to the City Clerk that the connection has not been made, and the City Council shall cause an action to be instituted in the Superior Court of the State of Washington for King County against the owner or owners of the property upon which the building or structure requiring said person to forthwith cause the connection to be made. Nothing in TMC Chapter 14.12 shall be construed to relieve the property owner from paying monthly sanitary sewage service charges as herein established pending the making of the connection. 14.12.050 Permit Required. It is unlawful for any person to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain or sanitary sewer in a public street, avenue, alley or other public place, unless such person has first obtained a permit to do so from the Director. 14.12.060 Sanitary Side Sewer Installation Permit Required. It is unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of TMC Chapter 14.12 in relation thereto and having a permit to do so from the Director. 14.12.070 Obtaining Permit to Install Sanitary Side Sewer. In order to obtain the permit provided for in TMC Section 14.12.060, the owner shall file an application therefor with the Department pursuant to TMC Section 18.104.060, together with plans and specifications showing the whole course of the drain from the public sanitary sewer to its connection with the building or premises, and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the Department for approval, and Director may change or modify the same and designate the manner in which the connecting sanitary sewers shall be connected with the building, the place where such connections with the public sanitary sewer shall be made, and specify the material, size and grade of the connecting sanitary sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed. The owner shall further provide an expressed written consent to the Department to enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval of the plans and specifications, the Department shall issue a permit to the owner to construct that portion of sanitary side sewer within the owner's property, and shall also issue a work order to the street department to install sanitary side sewer from sanitary sewer main to property line; and it is unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a permit as provided in TMC Chapter 14.12. 14.12.080 Issuance of Temporary Permit. At the discretion of the Department, a temporary permit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer. The temporary permit shall be revocable upon 60 days' notice posted on the premises directed to the owner . or occupant of the premises, and in the event that the private sanitary sewers are not disconnected at the expiration of the notice, the Department of Public Works may disconnect the same and collect the cost of the disconnection from the owner or occupant of the premises by suit W: Word Processing \ Ordinances \Sewer Regulations Page 2 of 11 GL:mrh 62 in any court of competent jurisdiction. Any such temporary permit shall be granted only on the condition that the permittee will save the City harmless from any damage by reason of the issuance or revocation of the temporary permit. 14.12.090 Permit to Construct or Extend Sanitary Sewer Inside Property. A. It is unlawful for any person to construct, extend, relay, or make connections to a private or lateral sanitary sewer within the property line without obtaining a permit therefor as provided in TMC Chapter 14.12 and filing a scale drawing showing the location thereof, as provided in TMC Section 14.12.050. B. The Department may issue the permit to the owner or agent of any property to construct, extend, relay, or make connections to a lateral or private sanitary sewer inside of property line provided that such owner or agent shall comply with the applicable provisions of TMC Chapter 14.12. 14.12.100 Additional Work Permit. When a permit has been issued for a private sanitary sewer or drain, as provided in TMC Chapter 14.12, no additional work shall be put in without the approval of the Department, and a new permit must be taken out covering all such additional work. 14.12.110 New Permit Fee. In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be applied for and all applicable fees will be charged. 14.12.120 Time Limit. No permit issued under the provisions of TMC Chapter 14.12 shall be valid for a longer period than that specified in the permit, but the same may be renewed or extended at the reasonable discretion of the Director upon application therefor prior to the expiration of the time originally limited in the permit. 14.12.130 Display of Permit. The permit from the Department required under the terms of TMC Chapter 14.12 must, at all times during the performance of the work and until the completion thereof, be posted in some conspicuous place at or near the work. 14.12.140 Work Without a Permit. It shall be the duty of any police officer, in case he finds any person engaged in the work of breaking the ground for the purpose of making connections with the public sanitary sewer, to ascertain if such person has a permit from the Department to make such sanitary sewer connections, and in the event that such person has no permit for making such connections, it shall be the duty of such officer to immediately report the fact to the Director. 14.12.150 Description of Sanitary Side Sewers. All sanitary side sewers shall be laid on not less than 2% grade, nor more than two vertical to one foot horizontal; shall not be less than 30 inches from any building; shall have not less than 12 inches of cover inside the property line; and shall be not less than six inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains, shall be connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer, except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the City Clerk an easement for such purposes; except also, where connection is to an existing sanitary side sewer within a public street, and written permission from the owner or owners of the premises served by such sanitary side sewer has been filed with the Director. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the Director may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damages by reason of such installation. 14.12.170 Call for Inspection. Any person performing work under permit pursuant to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the W: Word Processing \ Ordinances \Sewer Regulations Page 3 of 11 GL:mrh 63 premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection; and a copy of such notice shall be kept on file in the office of the Director. 14.12.180 Inspection Before Trenches Filled. No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected shall have been inspected and approved by or under the directions of the Director and until the same shall have been made in all respects to conform to the provisions of TMC Chapter 14.12. 14.12.190 Inspector's Right of Entry. For the purpose of examining any or all private sanitary sewers or drains and of ascertaining whether the provisions of TMC Chapter 14.12 are being complied with, the Director or his duly authorized representatives or agents shall, upon the issuance of a search warrant or in any emergency or when consent has been given, at all reasonable times have the right to enter and inspect such buildings; and it is unlawful for any person to prevent or attempt to prevent any entrance or inspection, or to obstruct or interfere with any such officer while engaged in such an inspection. 14.12.210 Improper Work - Completion by City. If any work done in pursuance of a permit granted, as prescribed in TMC Chapter 14.12, is not constructed and completed in accordance with the provisions of TMC Chapter 14.12 and the plans and specifications as approved by the Director, and if the contractor or person doing the work refuses to properly construct and complete the work, notice of the failure or refusal shall be given to the owner of the property, for whom the work is being done, as provided in TMC Chapter 14.12; and the Director shall cause the work to be completed and the sewer connected in the proper manner, and the full cost of the work and any materials necessary therefor shall be charged and become a lien against the property, and shall be collected in the manner provided in TMC Chapter 14.12. 14.12.220 Obstructed or Broken Sewer Repair. Whenever any private sewer connected with any public sanitary sewer becomes obstructed, broken or out of order, and if the owner, agent or occupant of the premises fails to repair the same after five days when notified to do so by the Director, the Director is authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of the premises; and when two or more houses or buildings are connected with the same private sanitary sewer, the owners, agents or occupants shall be jointly and equally liable for any work done by the City supervisor under TMC Section 14.12.220. 14.12.230 Injury to Public Sewers and Drains. It is unlawful for any person to injure, break, remove or alter any portion of any manhole, clean -out, flush tank, or any part of the public sanitary sewers or drains of the City. 14.12.240 Depositing Rubbish in Public Sewers and Drains. It is unlawful for any person to deposit in any manhole, clean -out, flush tank, sanitary sewer opening, drain, ditch, or natural water course any garbage, rubbish, dead animals or any substance that will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch or natural water course. 14.12.250 Exhaust Steam and Hot Water. No steam exhaust or blow -off, or any heated water higher than 150° Fahrenheit shall be discharged into a sanitary sewer. 14.12.260 Unlawful Discharge of Prohibited Foreign Substance into Public Sewer. A. It is unlawful to discharge or cause to be discharged into any sewer any waste which may have an adverse or harmful effect on the sanitary sewer system, public treatment works, its personnel or equipment. None of the following waters or wastes shall be discharged into the public sanitary sewer: W: Word Processing \ Ordinances \Sewer Regulations Page 4 of 11 GL:mrh 64 1. Polar and non -polar fats, oils, or grease (FOG) in amounts that exceed King County wastewater division standards or cause a visible sheen on the discharge or in the public sewer system or build -up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstructions of the public sewer system; 2. Any gasoline, benzene, fuel oil, or other flammable or explosive liquid, solid, or gas; 3. Food waste or animal parts, including food - grinder waste, that cannot pass through a one - quarter inch sieve; 4. Any ashes, cinders, sand, gravel, mud, straw, grass, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works; 5. Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel; 6. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant; 7. Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; 8. Any noxious or malodorous substance capable of creating a public nuisance. 14.12.263 Pretreatment Facilities. A. All such prohibited substances identified in TMC Section 14.12.260 shall be intercepted by an adequate and suitable separation device or interceptor, installed in such a manner that allows the safe and convenient removal of the waste product or other prohibited substances, materials or liquid as identified in TMC Section 14.12.260, which shall not flow or be discharged into the sanitary sewer system. All such interceptors shall be of design, construction and capacity as shall be approved by the City Engineer. The grease interceptor shall be adequately maintained and readily accessible for inspection by the City at any time to ensure its proper operation. B. Any violation of this section is subject to the terms specified in "Enforcement" as set forth in TMC 14.12.265. 14.12.265 Unlawful Discharge - Enforcement. All violations of TMC Section 14.12.260 shall be considered civil infractions, and are subject to the actions and penalties set forth in TMC Chapter 8.45. 14.12.270 Discharge of Surface or Subsurface Drainage. It is unlawful to discharge surface or subsurface drainage into any portion of the sanitary sewer system. 14.12.280 Trees and Shrubbery Obstructing Sewers. It is unlawful to plant poplar, cottonwood, soft maple, gum, or any other tree or any shrub whose roots are likely to obstruct public or private sanitary sewers, within 30 feet of any public or private sewer or drainpipe. The Director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs that extend into any public street, when said trees or the roots thereof are obstructing, or when he determines they are liable to obstruct, public or private sanitary sewers or drains; provided, however, that he shall give ten days notice in writing to the owner or occupant of the abutting property to remove the same; and if the owner or occupant fails refuses so to do so, the reasonable cost of removal when done by the Director shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the Director is authorized and directed to collect such charge by suit maintained in the name of the City as plaintiff, against the owner, in any court of competent jurisdiction. W: Word Processing \ Ordinances \Sewer Regulations Page 5 of 11 GL:mrh 65 14.12.290 Non - compliance - Notice - Remedy. When any sanitary sewer is constructed, laid, connected or repaired, and does not comply with the provisions of TMC Chapter 14.12, or where it is determined by the Director that a sanitary side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists, of such condition; and if he refuses to construct, relay, reconstruct or remove the obstruction of said sanitary side sewer within the time specified in such notice, the Director may perform such work as may be necessary to comply with TMC Chapter 14.12, and the cost of such work as done by the Director shall be assessed against the property or collected from the person responsible for the condition, and the amount thereof shall become a lien upon the property, and the City Attorney is authorized, empowered and directed to collect such cost, either by the foreclosure of the lien or by a suit against the owner or occupant of the property, or other person responsible for such condition, which suit shall be maintained in the name of the City as plaintiff, in any court of competent jurisdiction. 14.12.300 Regulation Authority. The Director may make and issue such rules and regulations as may be expedient and necessary to carry out the provisions of TMC Chapter 14.12. 14.12.310 Lien - Collection - Notice. A. Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the City under the terms and provisions of TMC Chapter 14.12, the manner and method of collecting said amounts shall be substantially as follows: The owner or agent of the property shall be given a notice in writing by the Department that said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form: "To , Owner, and , Agent, of that certain property described as Lot , in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified to perform the following work upon the above described property within 10 days of the date of the service of this notice upon you, viz.: . And you are further notified that if you do not perform said work within said period of 10 days, then the City of Tukwila will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law. The City Of Tukwila By: Director" B. A copy of this notice shall be posted upon the property affected, and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform the work within ten days, after the notice shall have been mailed and posted, then the work shall be done by the proper department of the City; and as soon as practicable after the work is performed, the owner or agent shall be notified in the same manner as provided in TMC Chapter 14.12, that the work has been done by the City, and of the amount of the charge for doing the work and shall require either to pay to the Finance Department said amount, within 30 days after the date of the posting and mailing of the notice, or to file with the City Council objections in writing against said charge. The form of notice just provided for shall be substantially as follows: "To , Owner, and , Agent, of that certain property described as Lot , in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified that pursuant to a former notice given you upon the day of , 20 , the City of Tukwila has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said W: Word Processing \ Ordinances \Sewer Regulations Page 6 of 11 GL:mrh 66 work is the sum of dollars. You are further notified that unless you pay said amount to the City Finance Department, or file objections against said amount within 30 days of the date of service of this notice upon you, the same shall be a lien against the above described real property and will be collected by the City of Tukwila according to law. The City Of Tukwila By: Director" C. The City Council shall at its next regular meeting after the filing of any objections or as soon thereafter as may be convenient, hear the same. At such hearing, the Council may take any action in the matter as may seem just. After said hearing, or after the expiration of the 30 -day period hereinbefore provided for when no objection is filed, the amount thereof shall become a lien against the property upon which the work was performed, and the City Attorney is authorized to proceed to collect the amount in any lawful manner. Section 3. TMC Chapter 14.16, "Sewer Charges," hereby reads as follows: 14.16.010 Definitions A. "Commercial and industrial sezvage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used or engaged in the selling, manufacturing, processing, and/ or dispensing of products or services, or otherwise catering to the public. B. "Dwelling unit" means a unit in an apartment house, rooming house, trailer court, motel, hotel, building or space for human habitation having plumbing facilities for preparation of food, washing dishes, etc., and /or for bathing, and for toilet purposes, for the exclusive use of the individual or individuals occupying the dwelling unit. C. "Multiple dwelling (permanent type) sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used for renting of apartments, rooms, other dwelling units with water connections, providing for human habitation on a permanent basis. D. "Multiple dwelling (transient type) sewage service" means sewage collection and /or sewage disposal service, furnished or available to the use of premises used for renting of motels, hotels, trailer space, and any other building or space providing for human habitation on a transient basis. E. "Multiple tenant commercial and/or industrial unit sewage service" means sewage collection and/ or sewage disposal service, furnished or available to the use of premises used for renting, leasing, subleasing or sale to more than one tenant within a single structure for the purpose of retail or wholesale sales, commercial or industrial use for the manufacture, processing, assembly, disassembly or other related use of similar nature. F. "Recipient of service" - All property owners within the City, within the area served by the sewerage system of the City, are hereby required and shall be compelled to connect their private drains and sewers with the sewerage system of the City; and it is unlawful for any property owner to fail or refuse to make such connections. G. "Residential sewage service" means sewage collection and /or sewage disposal furnished or available to the use of premises used primarily for human habitation, excluding those premises used for the renting of rooms, apartments, and trailer space. I. "Sanitary side sewer" means a sanitary sewer laid generally perpendicularly from a main sanitary sewer in a public right -of -way to the property line of the property to be served by the sewage collection and/ or sewer disposal service. J. "School sewage service" means sewage collection and /or sewage disposal service furnished or available to the use of premises used for public and /or private schools. W: Word Processing \ Ordinances \Sewer Regulations Page 7 of 11 GL:mrh 67 K. "Sewage collection system" means the collection and carrying of sewage through the City's system of sanitary sewers. L. "Sewage disposal service" means the disposition of sewage by purification in a sewage treatment plant. 14.16.020 Date of Commencement and Payment for Service Charges. Charges shall be made for all sewage collection service and/ or sewage disposal service furnished, or available for use, from November 30, 1961. All sewer charges and related fees shall be due and payable on the first day of each and every month for the sewer and services provided during the previous month and shall be paid to the Finance Department. All bills will become delinquent on the eleventh day of the following month. 14.16.030 Schedule of Charges. Rates and charges for sewer service furnished and available for use shall be paid by the owner of the property and shall be as follows: 1. Residential Sewage Service (single dwelling unit) - A flat monthly rate for each single - family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately - billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of sewer service charges. Every such person shall file with the Finance Department their affidavit that they are qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. 2. Residential Sewage Service (multiple dwelling unit, permanent type) - A flat monthly rate for each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 3. School Sewage Service - The rate shall be the commercial /industrial sewage rate. 4. Commercial and Industrial Sewage Service - Each account will be charged a flat monthly rate in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. In addition, the charge for sewage service on premises using more than 750 cubic feet of water per month shall be at the rate per 750 cubic feet, in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 5. Payment of charges - Interest will be charged on delinquent balances 30 days in arrears in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. All balances will become delinquent on the eleventh day of the month following the month that the sewer service was provided. 14.16.040 Special Rates. A. Nothing herein shall be construed to prevent the charging of special rates under agreement between the City and commercial and/ or industrial recipient. B. For the properties complying with TMC Section 14.16.040, the charges for sewer services outside the corporate limits of the City shall be the same as those charged within the City, provided that the parties seeking the service shall have paid for the construction of their sewer by a Local Improvement District or by and at their sole expense in accordance with applicable ordinances, regulations, specifications and comprehensive sewage plans of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. C. For those properties outside the City corporate limits requesting sewer service who do not comply with the provisions of TMC Section 14.16.040B, the charges for W: Word Processing \ Ordinances \Sewer Regulations Page 8 of 11 GL:mrh 68 sewer service shall be two times the amount chargeable under TMC Section 14.16.030, if the service was provided within the corporate limits of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. D. The connection of service outside the City limits shall be solely at the discretion of the City Council. 14.16.050 Responsibility of Owner to Pay. All accounts for sewer shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant or third -party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and /or third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 1436:055rSewer Bill Leak Adjustments. City Administrative Policy No. 300 -14, "Utility Leak Adjustment Policy," is hereby adopted and incorporated into this Chapter by reference. The Finance Director is required to maintain the administrative Utility Leak Adjustment Policy. Changes to the Policy require approval of the City Council Finance and Safety Committee. 14.16.060 City/King County Agreement Charges. In addition to those charges set forth in TMC Section 14.16.030, there shall be charged each month those charges as set forth and defined in Section 5 of the Tukwila /King County agreement as adopted by Ordinance 461. King County in this context refers to King County Department of Natural Resources and Parks, Wastewater Treatment Division. 14.16.065 City/King County Wastewater Treatment Rate A. Regular Rate: The City /King County charges as provided in TMC Section 14.16.060 and as required by the Agreement for Sewage Disposal between King County and the City of Tukwila is set at the most current King County rate per month per residential customer and per residential customer equivalent as now defined or hereafter amended in the agreement for sewage disposal between King County and the City of Tukwila. B. Reduced Rate. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of the City /King County charge. Every such person shall file with the Finance Department their affidavit that they are qualified to receive the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. 14.16.070 Regular Connection Charge. In addition to the permit fees required by TMC Chapter 14.16, the property owner seeking connection to the sewerage system of the City, in order that such property owner shall bear his equitable share of the cost of the City's entire sewer system, shall pay, prior to connection to a City sewer, a regular connection charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 14.16.072 Special Connection Charge - Payment. In addition to the regular connection charge imposed under TMC Section 14.16.070, a special connection charge shall be paid by the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City sewerage system. Such charge shall be paid prior to connection to the City sewer and shall be in an amount to be computed under TMC Section 14.16.074. W: Word Processing \ Ordinances \Sewer Regulations Page 9 of 11 GL:mrh 69 14.16.074 Special Connection Charge - Computation. The special connection charge imposed by TMC Section 14.16.072 shall be paid to the sewer fund and shall be computed as follows: 1. For lateral sewers - The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35.44.030 and 35.44.040 for determining "assessable units of frontage" shall be multiplied by the average five -year local improvement assessment per unit of frontage for Iateral sewers for the five -year period in which the property to be connected was constructed and accepted as completed, as follows: Year 1955 -59 1960 -64 1965 -69 1970 Sewer $5.26 $8.11 $10.97 $12.00 Rate The lateral sewer charge shall be waived by the City providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property, and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City. The City shall also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties, and is over -sized to accept sewage generated from other properties, which properties are not contributing to the construction cost of the over - sizing. The construction shall be in accordance with the comprehensive sewage plan and specifications and requirements of the City. 2. For trunk sewers - The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers for the five -year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was constructed and accepted, as follows: Year 1955 -59 1960 -64 1965 -691 1970 Sewer Rate per Sq. Ft. .0160 .0195 .0200 j .0200 Such special connection charge for property abutting on a street, in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended; and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefor shall be made giving consideration to the distance of the property from the street margin. In no case shall credit be allowed for the cost of extra length of side sewer required for connection to the City's sewerage system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the Director with express approval of the City Council is authorized to reduce the special connection charge to the amount charged to properties similarly situated. 14.16.076 Special Connection Charge - Inclusion of Property in Local Improvement District - Credit. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of sewers of a similar nature, the amount so paid shall be credited to the assessment against such property, and such amount shall be paid from the sewer fund to such Local Improvement District fund. 14.16.078 Side Sewer Stub Installation. If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer. Any property served by the sewer stub connection that has been installed, but which was never assessed nor paid for, shall pay the charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council prior to connection to or for the stub. W: Word Processing \ Ordinances \Sewer Regulations Page 10 of 11 GL:mrh 70 14.16.080 Conformance to Comprehensive Sewage Plan - Lateral and Trunk Sewer Dedication. No sewer shall be connected to the City system that does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City sewer system, all lateral and trunk sewers shall be dedicated to the City pursuant to a developer's agreement or similar agreement satisfactory to the City. 14.16.090 Lien for Unpaid Charges. The City shall have a lien against the property to which sewer service has been furnished for the delinquent and unpaid rates and charges therefor in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. All costs and fees of foreclosing the unpaid sewer costs shall be included in the charges to be paid. The City shall and is required to enforce said liens and foreclose the same in the mariner provided by law. 14.16.100 Police Power. It is declared to be necessary for the protection of the health of the people of Tukwila that all property within the City within the area served by said sewerage system be connected therewith, and TMC Chapter 14.16 is declared to be an exercise by the police power of the City. 14.16.110 Penalty for Violation. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.16, shall be subject to the terms and conditions of TMC Chapter 8.45 ( "Enforcement "). Section 5. Repealer. Ordinance Nos. 342; 578 (part); 599 §1; 941 §1; 1714 §1 (part); 1770 §7, §8, §9, and §10; 1838 §11; 2026 §1, §2 and §3; 2138 §1; 2212 §1; 2243 §1, and §2; 2252 §2; are hereby repealed. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force January 1, 2011 and will include consumption used for the January 31, 2011 Sewer /King County billing calculations. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /,.5 tµ day of NM... r , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: ed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \ Ordinances \Sewer Regulations Page 11 of 11 GL:mrh 71 72 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes January 23, 2013 5:15p.m.; Conference Room #3 r 1 4 lly PRESENT Councilmembers: Dennis Robertson, Chair, Chair; Verna Seal and De' Sean Quinn Staff: Mike Villa, Mary Miotke, Joyce Trantina, Peggy McCarthy, Vicky Carlsen, Richard Takechi, Kim Walden, Trish Kinlow, David Cline and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:36 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Strategic Plan Implementation — BERK Consulting Staff is seeking Council approval to enter into a contract with BERK & Associates in an amount not to exceed $65,000 to assist in the implementation of the City's 2012 Strategic Plan. The following outcomes are included in the proposed scope of work and are considered deliverables: • Conceptual phasing of Strategic Plan elements • Alignment of department work plans with the City's budget and Strategic Plan • Production of frameworks that illustrate alignment and clarify roles about relationships between people, processes and products • Performance measures for communicating and tracking processes • Provide communication strategies In summary, this contract will provide assistance to the City that guides and manages the ongoing Strategic Plan process. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW FOR DISCUSSION. B. Lease Agreement: Alliance One Staff is seeking Council approval to enter into 6 -month lease agreement with Alliance One Receivables Management for front counter workspace located within the Tukwila Municipal Court at City Hall. The lease rate is $750 per month. Alliance One is an accounts receivable management service for revenue recovery which began leasing space in the Court in 2009. The current lease expired on December 31, 2012, and staff is proposing a six - month lease retroactive to January 1, 2013 through June 30, 2013. The six -month lease proposal has been made so that the advantages and disadvantages of continuing to have this service located in City Hall can be assessed. After discussion regarding specific advantages and disadvantages, the Committee requested that staff return to a Committee of the Whole meeting towards the end of first quarter or beginning of second quarter to present their findings to the full Council. For now, the Committee recommends processing the six -month lease. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4 CONSENT AGENDA. C. Ordinance: Leak Adjustment Policy Staff is seeking Council approval to repeal two ordinances regarding water and sewer bill leak adjustments. 73 Finance & Safety Committee Minutes January 23, 2013 — Page 2 74 In 2009, the City created an administrative policy implementing a formal mechanism to address leak adjustments (see Finance & Safety Committee minutes dated September 22, 2009). Since that time, staff has found it necessary to clarify certain sections of the policy, including portions for Tukwila Municipal Code Chapter 14 which requires Finance & Safety Committee approval of the leak adjustment administrative policy. This approval process is in conflict with the regular and usual practice of the City Council and since the policy is strictly administrative in nature, the relative Code references should be repealed. Finance staff also provided a brief summary of changes that will be made to the leak adjustment policy including: definition of a leak, submission of adjustment requests, adjustment calculations, adjustment limits, and removing the Utilities Committee as the appellate body. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW FOR DISCUSSION. D. 2013 Finance & Safety Committee Work Plan As information only, staff gave a brief overview of items that are expected to be brought to the Finance & Safety Committee during 2013. Committee Member Quinn requested that a discussion /presentation on property tax limits processes and requirements be added to the work plan. Peggy McCarthy, Finance Director, will take the lead for maintaining the Finance & Safety Committee work plan, and intends to provide copies of the evolving work plan to the Committee on a monthly basis. The Committee discussed and clarified additional items /goals /work that they would like to accomplish or address during 2013. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:34 p.m. Next meeting: Tuesday, February 5, 2013 — 5:15 p.m. — Conference Room #3 Committee Chair Approval Minutes b KAM. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayo Council review «cL 01/28/13 JT evw c 02/04/13 JT ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion ■ Mtg Date Mtg ITEM INFORMATION ITEM No. 4.B. 75 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 1/28/13 AGENDA ITEM TITLE Strategic Development Planning - Contract with Berk Consulting - Implementation and Leadership 1/28/13 Motion Date 2/04/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion ■ Mtg Date Mtg SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW Mayor SPONSOR'S The City Administration is recommending contracting with Berk & Associates to facilitate SUMMARY implementation of tracking and measuring tools that will provide linkage between City Department and Council work plans and the broader goals and objectives identified in the City's 2012 Strategic Plan. The Mayor's Office is seeking Council approval for the Mayor to enter into a contract with Berk & Associates. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 01/23/12 /1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $65,000 $100,000 $65,000 Fund Source: MAYOR'S OFFICE BUDGET, 2013 -2014 Comments: Mayor's Office Budget 000,03.513.100.41.02 MTG. DATE RECORD OF COUNCIL ACTION 1/28/13 MTG. DATE ATTACHMENTS 1/28/13 Informational Memorandum dated 1/16/2013 Draft Contract with Berk & Associates with Exhibit Minutes from the Finance and Safety Committee Meeting of 01/23/2013 2/4/13 75 76 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton FINANCE AND SAFETY COMMITTEE FROM: Joyce Trantina, Mayor's Office DATE: January 16, 2013 SUBJECT: Strategic Planning Implementation — Draft Contract, Berk & Associates ISSUE The City is recommending contracting with Berk and Associates to assist in the implementation phase of the 2012 Strategic Plan. The City seeks assistance in linking City plans and actions to the broader Strategic Plan, and will utilize the expertise of Berk consultants to provide additional support for developing the tools, frameworks and performance measures needed to guide and manage this on -going process. BACKGROUND Berk and Associates have provided excellent leadership and guidance as the City embarked on developing its first Strategic Plan. As a result of the significant amount of time spent working across the various stakeholders in our community, Berk staff have an excellent understanding of the unique challenges and expected outcomes by the various groups, and are uniquely positioned to provide a seamless transition as we move forward into the next phase of this important work. DISCUSSION The project components will include facilitated work sessions with City leadership, engaging City leaders in a process that builds action oriented workplans. Once an approach to implementation is established, further work will be done at the department level. Berk & Associates will also assist the City in communication plans (internal and external) and help build organizational capacity. The cost of this contract is not to exceed $65,000 and will be funded by the Mayor's office 2013/2014 budget. RECOMMENDATION The Committee is being asked to move this item forward to the January 28, 2013 Committee of the Whole Meeting and subsequent Regular City Council Meeting on February 4, 2013, for approval and authorization for execution by the Mayor. ATTACHMENTS Consulting Agreement with Exhibit 77 78 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR STRATEGIC PLANNING (CONSULTING) SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Berk & Associates, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform consulting services in connection with the project titled Strategic Planning. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2013, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2013 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as outlined in Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $65,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 79 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in City with the services rendered under this Agreement shall be the property whether the project for which they are made is executed or not. The Consultant o.shall be permitted to retain copies, including reproducible copies, of drawings and specifications for info ation, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in perfortning the services contemplated by this Agreement, faithfully observe and comply with';''ATh federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, 7. omissions of the Consultant in performanceg of this Agreement, except for injuries and damages caused by the sole negligence of the City. losses or suits including attorney fees, out of or resulting from the acts, errors or harmless 'frOm any and a11 claims, injuries, damages, officials, employees and volunteers Should a court of competent 'sdiction determine Ine thar'ihis Agreement subject to RCW 4.24.115, then, in the event ol.TirlAlajty for damages arising out of bodily injury to persons or damages to property caused by resulting from concurrent negligence of the Consultant terminati0,9f-this Agrement. negligence. It is further ,pecicfically and expressly understood that the indemnification provided hereiq:coristitutes,the Consultants waiver althinunity under Industrial Insurance, negotiated by the parties. ;The provisions of this section shall survive the expiration or including the duty and cost to defend, hierPeunYile'rSliall be only to the extent of the Consultant's Title 51 RCW, s611-y, for the purposes of this This waiver has been mutually 61's% ee:, and volunteers, the Consultant's liability, and the City, its officers, officials, f 8. Insurance. he'<tonsultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with -the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be provided by such insurance, or otherwise limit the City's recourse to any remedy available at construed to limit the liability of the Consultant to the coverage tistrued law or in equity, A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute faun providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised 2012 80 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession." B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the iCity shall be excess of the Consultant's insurance and shall not be contributed or ombined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than D. Verification of Coverage. Consultant ,shall. furnish the City with original certificates and a copy of the amendatory endorsements; including but not necessarily limited to the additional insurederidorsement evidencing the insuranceyequirements of the Consultant before commencement of the work. Certift6s of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancel Affinn. Consultant shall provide the City with written notice of any policy anccllation. within iwo business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall Constitute a material breach of contract, upon which the City may, After giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew suc h insurance and pay any and all premiums in connection therewith, with any sums so expended f tobe repaid 10 the City on demand, or at the sole discretion of the City, offset against funds s ue the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised 2012 Page 3 81 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet-Air assign any of services covered by this Agreement without the express written consent of the City. 13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiVer of any other provision. 14. Termination. A. The City reserves the right t6,i4FIninate,t,f,ls, Agreehi7ti any time by giving ten (10) days written notice Jo Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the e Consultant hereby agree to;complete .'the work under the terms of this Agreement, if requested to do so by the City. Tinseet/iicnt-hall not be a bar to renegotiations of this Agreement betweeni surviving members of thetonsuitant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all t limes OOrnply with, all applicable federal, state and local laws, regulatiortn d rulehs including the provisions of the City of Tukwila Municipal Code and ordinances/7,of City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any terrn of this Agreement, the specifically understand and agree that venue shall be properly laid in King County, Washington. ton. The prevailing party in any y such action shall be entitled to its attorney's fees and cosgts . of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised 2012 82 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 Notices to Consultant shall be sent to the following address: Berk & Associates Attn: Brian Murphy 2025 First Avenue Suite 800 Seattle WA 98121 18. Entire Agreement; Modification. This Agree nnt. together with attachments or addenda, represents the entire and integrated Agreezrent between the City and the Consultant and supersedes all prior negotiations, represeions, or agreements written or oral. No amen at ions, or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of CITY OF TUKWILA , 2013. Mayor Jim Haggerton Michael Hodgins Attest /Authen ated: : Principal Approved as to Form: City Clerk Office of the City Attorney CA revised 2012 Page 5 83 84 CITY OF TUKWILA STRATEGIC PLAN IMPLEMENTATION Proposed Scope of Work: 1/16/13 PROJECT UNDERSTANDING The City of Tukwila has recently adopted a city -wide Strategic Plan. This Plan was developed through extensive community and staff involvement, with a Steering Committee comprised of community representatives serving as the primary plan development body. The Plan establishes a Community Vision, a City of Tukwila Mission Statement, and five Goals and supporting Objectives. The Plan also establishes the City Performance and Accountability Model that establishes a framework for developing annual workplans aligned to the Strategic Plan. The City is now in its first year implementing the Strategic Plan. The City seeks assistance in tying City plans and actions to the Strategic Plan, and additional support to develop the tools, frameworks, and performance measures to guide and manage this ongoing process. Tools are needed to support the development of workplans and to track and publically communicate progress. The work to be accomplished in 2013 will establish the framework and tools for the City's annually recurring workplanning process per the City Performance and Accountability Model. CITY PERFOR A CE ACCOUHTABILUTY O EL PROPOSED WORKPLAN Over the course of a year, BERK will work closely with City leadership to develop the systems and tools necessary to align City efforts with the Strategic Plan, building linkages among the Strategic Plan, existing systems, and ongoing practices of the Tukwila organization. BERK will directly support the City in using these tools during this first year of implementation, improving them for ongoing use given lessons learned during the 2013 cycle. Anticipated Project Components We propose a collaborative and responsive approach, and will work closely with City leadership to advance the effort in the most effective ways possible. Facilitated Worksessions with City Leadership. BERK will design and facilitate effective worksessions with the City's Leadership Team and possibly City Council. We will design the worksessions to engage City leaders in bridging from the Vision and ambitions of the Strategic Plan to action - oriented workplans that direct and evaluate City actions and investments. The discussions will begin at a City -wide level, considering phasing and prioritization of the full Strategic Plan over a 5 -year period. Once a conceptual phased approach to implementation is established, additional work will occur at the department and cross - department level to establish departmental and cross - functional workplans and performance measures. We will facilitate the Executive Team's work in 85 City of Tukwila — Strategic Plan Implementation Proposed Scope of Work 1/16/13 developing, evaluating, and approving these workplans. Once they are approved, plans will be communicated and progress evaluated in a transparent process. Organizational Capacity Development. As described in Goal Four of the Strategic Plan, it is important that the City of Tukwila develop the organizational culture and capacity to deliver on the promises of the Strategic Plan. BERK will assist in this process, coordinating with any additional resources the City brings to bear on this important topic. Communications Support. BERK will support the City in communicating workplans to both internal and external audiences, ensuring that City staff, residents, business owners, partners, and other interested parties have the ability to easily understand and track the City's process and progress. Anticipated Outcomes and Workproducts Through this process, we anticipate collaborating with the City to develop the following workproducts, which will be delivered to the City in a format and fashion supportive of the City owning, modifying, and using these tools for years to come. • Conceptual phasing of all elements of the Strategic Plan. • Annual departmental workplans that align with the City's Strategic Plan and budget. • Additional schematics and frameworks that illustrate alignment, clarify roles, and otherwise provide information about the relationships between people, processes, and products. • Performance measures to track and communicate process. • Communication strategies and collateral pieces for ongoing communication with City residents and other stakeholders, including web, email, social media, print media, and public meeting formats. BUDGET The budget for this effort is not to exceed $65,000, with BERK to invoice the City monthly on a time and materials basis. BERK project staff will bill at the following rates: • Brian Murphy: $180 /hour • Dawn Couch: $140 /hour • Associate Support: $115 /hour • Project Associate Support: $70 /hour 2 86 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes January 23, 2013 5:15p.m.; Conference Room #3 r 1 4 lly PRESENT Councilmembers: Dennis Robertson, Chair, Chair; Verna Seal and De' Sean Quinn Staff: Mike Villa, Mary Miotke, Joyce Trantina, Peggy McCarthy, Vicky Carlsen, Richard Takechi, Kim Walden, Trish Kinlow, David Cline and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:36 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Strategic Plan Implementation — BERK Consulting Staff is seeking Council approval to enter into a contract with BERK & Associates in an amount not to exceed $65,000 to assist in the implementation of the City's 2012 Strategic Plan. The following outcomes are included in the proposed scope of work and are considered deliverables: • Conceptual phasing of Strategic Plan elements • Alignment of department work plans with the City's budget and Strategic Plan • Production of frameworks that illustrate alignment and clarify roles about relationships between people, processes and products • Performance measures for communicating and tracking processes • Provide communication strategies In summary, this contract will provide assistance to the City that guides and manages the ongoing Strategic Plan process. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW FOR DISCUSSION. B. Lease Agreement: Alliance One Staff is seeking Council approval to enter into 6 -month lease agreement with Alliance One Receivables Management for front counter workspace located within the Tukwila Municipal Court at City Hall. The lease rate is $750 per month. Alliance One is an accounts receivable management service for revenue recovery which began leasing space in the Court in 2009. The current lease expired on December 31, 2012, and staff is proposing a six - month lease retroactive to January 1, 2013 through June 30, 2013. The six -month lease proposal has been made so that the advantages and disadvantages of continuing to have this service located in City Hall can be assessed. After discussion regarding specific advantages and disadvantages, the Committee requested that staff return to a Committee of the Whole meeting towards the end of first quarter or beginning of second quarter to present their findings to the full Council. For now, the Committee recommends processing the six -month lease. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4 CONSENT AGENDA. C. Ordinance: Leak Adjustment Policy Staff is seeking Council approval to repeal two ordinances regarding water and sewer bill leak adjustments. 87 88 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by illayorr review Council review 01/28/13 BG4. ,e6t1(:- 1-,-E Resolution At Date 02/04/13 BG 1 1Public Hearing— At Date Other Mtg Date Altg SPONSOR Council 1 1 Mayor 1 1 HR DCD 1 1Finance Fire IT PCR 1 1 Police PIF SPONSOR'S The current 40-year Interlocal Agreement (ILA) with King County Solid Waste needs to be SUMMARY updated to reflect policy changes, address critical needs, and provide a mechanism that would help protect City and King County general funds from environmental liability. After intensive negotiations, City and County teams successfully reached consensus on a new and improved ILA that provides greater accountability, collaboration, and transparency. Council is being asked to approve the Amended and Restated Solid Waste Interlocal. Rkvii\viM BY — COW Mtg. CA&P Cmte 1 1 F&S Cmte Transportation Cmte _ _ Cane Arts Comm. Parks Comm. Planning Comm. COMMITTEE CHAIR: JOE DUFFIE ITEM INFORMATION ITEM No, 4.C. 89 STAFF SPoNS0R: BOB GIBERSON ORIGINAL AG1NDA DATE: 01/28/13 AG kl\IDA ITkM TITIT: Solid Amended Waste Interlocal Agreement and Restated Agreement CATI.:GoRy DiSCUJIriOn AltgDate 01/28/13 Motion Date 02/04/13 Resolution At Date 1 1Ordinance AltgDate Bid Award At Date 1 1Public Hearing— At Date Other Mtg Date Altg SPONSOR Council 1 1 Mayor 1 1 HR DCD 1 1Finance Fire IT PCR 1 1 Police PIF SPONSOR'S The current 40-year Interlocal Agreement (ILA) with King County Solid Waste needs to be SUMMARY updated to reflect policy changes, address critical needs, and provide a mechanism that would help protect City and King County general funds from environmental liability. After intensive negotiations, City and County teams successfully reached consensus on a new and improved ILA that provides greater accountability, collaboration, and transparency. Council is being asked to approve the Amended and Restated Solid Waste Interlocal. Rkvii\viM BY — COW Mtg. CA&P Cmte 1 1 F&S Cmte Transportation Cmte _ _ Cane Arts Comm. Parks Comm. Planning Comm. COMMITTEE CHAIR: JOE DUFFIE Utilities DATE: 01/22/13 RECOMMENDATIONS: SPoNsoR/ADmiN, CommITIEL Public Works Department Unanimous Approval; Forward to Committee of the Whole. COST IMPACT / FUND SOURCE EXPHINDITURI REQUIRHD AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/28/13 02/04/13 MTG. DATE ATTACHMENTS 01/28/13 Informational Memorandum dated 01/18/13 Attachments A through D Minutes from the Utilities Committee meeting of 01/22/13 02/04/13 89 90 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Frank Iriarte, Deputy Public Works Director DATE: January 18, 2013 SUBJECT: Solid Waste Interlocal Agreement Amended and Restated Agreement ISSUE Approve the Amended and Restated Solid Waste Interlocal Agreement. BACKGROUND Since the late 1980's, 37 cities, including Tukwila, have been participating in the cooperative management of the King County Solid Waste System through interlocal agreements (ILAs) that expire in June, 2028. Agreements require significant updating to reflect changes in policy, Federal and State environmental statutes, and conditions of the solid waste transfer system. Recognizing the need to update the current 40 -year ILA, the Metropolitan Solid Waste Advisory Committee (MSWMAC) began collaborating with King County Solid Waste Division in 2010 to amend the ILA. Despite success in reaching consensus in many areas, negotiations stalled over environmental liability issues. In October 2012, City and County Negotiating Teams were formed to restart discussions and negotiate new ILA language. The teams built upon areas of agreement reached by the MSWMAC ILA Drafting Committee and used guiding principles from Sound Cities Association (SCA) and agreed to by King County Executive Dow Constantine. After intensive negotiations, City and County teams successfully reached consensus on a new ILA (Attachment A). DISCUSSION The new amended and restated ILA provides greater accountability, collaboration, transparency, and addresses the long -term requirements of the solid waste system including the establishment of a deliberate process to deal with future environmental liabilities. Significant improvements of the amended and restated ILA include: • ILA extension by 12.5 years, from June 2028 through December 2040. The extension allows longer term financing of at least 20 years for critical capital projects and provides long -term stability and certainty to the solid waste system. Other contract terms were considered, but the negotiated term strikes a balance between not extending the current ILA and realizing lower financing costs (but significantly higher disposal rates in the short term), and extending the agreement for a much longer term, realizing lower rates but paying significantly more interest over time. • An updated Liability Section that protects City and County general funds from environmental liability. As part of the update, a protocol was established for setting aside and subsequent distribution of disposal rates to pay for environmental liabilities of the parties. The protocol allows the use of disposal rates to: (1) obtain and maintain insurance coverage for solid waste system related environmental liability and (2) establish and maintain a reserve fund to help pay the parties' environmental liabilities not already covered by system rates or insurance. W: \PW Eng \PROJECTS \Solid Waste \InfoMemo -SWILA- 012213 UC gl.doc 91 92 INFORMATIONAL MEMO Page 2 The updated Liability Section also contains a provision to pursue Federal and /or State grants to pay for or remediate environmental liabilities. In the event grant, insurance, and reserve funds are insufficient to completely satisfy the environmental liabilities of the ILA parties, then a financial plan including a disposal rate schedule will be established to help pay for the remaining environmental liabilities. • A comprehensive dispute resolution process that includes non - binding mediation. • An expanded role for cities in system planning, including long -term disposal alternatives and establishing financial policies. Cities through their membership with MSWMAC, will advise the King County Executive and Council, King County Solid Waste Division, and other entities as appropriate on matters pertaining to solid waste management. More detailed information on the Amended and Restated Solid Waste Interlocal Agreement is provided in Attachment B (Frequently Asked Questions) and Attachment C (new ILA Term Sheet). Attachment D is a non - binding statement of interest request from the King County Solid Waste Division. The statement of interest request merely assists the County in their planning efforts. The City can sign and forward the non - binding statement of interest after the January 28, 2013 Committee of the Whole meeting, subject to Council and Mayor's approval. Each City is requested to act on the new ILA by April 30, 2013 in order to develop financial policies that will inform the 2015/16 rate period and other planning initiatives. Given the significant improvements contained in the new ILA, approval of the attached Amended and Restated Solid Waste Interlocal Agreement is highly recommended. FINANCIAL IMPACT If and when environmental liabilities arise, the protocol established in the new Amended and Restated Solid Waste Interlocal Agreement protects the City's general fund to the greatest extent feasible. RECOMMENDATION Council is being asked to approve the new Amended and Restated Solid Waste Interlocal Agreement and consider this item at the January 28, 2013 Committee of the Whole meeting and subsequent February 4, 2013 Regular Council Meeting. Attachments: Attachment A - Amended and Restated Solid Waste Interlocal Agreement Attachment B - Frequently Asked Questions Attachment C - ILA Term Sheet Attachment D - Non- Binding Statement of Interest W:IPW EngIPROJECTSISoIid Waste\InfoMemo- SWILA- 012213 UC gl.doc Attachment A AMENDED AND RESTATED SOLID WASTE INTERLOCAL AGREEMENT This Amended and Restated Solid Waste Interlocal Agreement ( "Agreement ") is entered into between King County, a political subdivision of the State of Washington and the City of , a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and the City are referred to as the "Parties." This Agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated below: King County: Ordinance No. City: PREAMBLE A. This Agreement is entered into pursuant to chapter 39.34 RCW for the purpose of extending, restating and amending the Solid Waste Interlocal Agreement between the Parties originally entered into in (the "Original Agreement "). The Original Agreement provided for the cooperative management of Solid Waste in King County for a term of forty (40) years, through June 30, 2028. The Original Agreement is superseded by this Amended and Restated Agreement, as of the effective date of this Agreement. This Amended and Restated Agreement is effective for an additional twelve (12) years through December 31, 2040. B. The Parties intend to continue to cooperatively manage Solid Waste and to work collaboratively to maintain and periodically update the existing King County - 1 - 93 Comprehensive Solid Waste Management Plan (Comprehensive Plan) adopted pursuant to chapter 70.95 RCW. C. The Parties continue to support the established goals of Waste Prevention and Recycling as incorporated in the Comprehensive Solid Waste Management Plan, and to meet or surpass applicable environmental standards with regard to the Solid Waste System. D. The County and the Cities agree that System- related costs, including environmental liabilities, should be funded by System revenues which include but are not limited to insurance proceeds, grants and rates; E. The County, as the service provider, is in the best position to steward funds System revenues that the County and the Cities intend to be available to pay for environmental liabilities; and F. The County and the Cities recognize that at the time this Agreement goes into effect, it is impossible to know what the ultimate environmental liabilities could be; nevertheless, the County and the Cities wish to designate in this Agreement a protocol for the designation and distribution of funding for potential future environmental liabilities in order to protect the general funds of the County and the Cities. G. The County began renting the Cedar Hills Landfill from the State of Washington in 1960 and began using it for Disposal of Solid Waste in 1964. The County acquired ownership of the Cedar Hills Landfill from the State in 1992. The Cedar Hills Landfill remains an asset owned by the County. H. The Parties expect that the Cedar Hills Landfill will be at capacity and closed at some date during the term of this Agreement, after which time all Solid Waste under this Agreement will need to be disposed of through alternate means, as determined by the - 2 - 94 Cities and the County through amendments to the Comprehensive Solid Waste Management Plan. The County currently estimates the useful life of the Cedar Hills Landfill will extend through 2025. It is possible that this useful life could be extended, or shortened, by System management decisions or factors beyond the control of the Parties. I. The County intends to charge rent for the use of the Cedar Hills Landfill for so long as the System uses this general fund asset and the Parties seek to clarify terms relative to the calculation of the associated rent. J. The County and Cities participating in the System have worked collaboratively for several years to develop a plan for the replacement or upgrading of a series of transfer stations. The Parties acknowledge that these transfer station improvements, as they may be modified from time -to -time, will benefit Cities that are part of the System and the County. The Parties have determined that the extension of the term of the Original Agreement by twelve (12) years as accomplished by this Agreement is appropriate in order to facilitate the long -term financing of transfer station improvements and to mitigate rate impacts of such financing. K. The Parties have further determined that in order to equitably allocate the benefit to all System Users from the transfer station improvements, different customer classes may be established by the County to ensure System Users do not pay a disproportionate share of the cost of these improvements as a result of a decision by a city not to extend the term of the Original Agreement. L. The Parties have further determined it is appropriate to strengthen and formalize the advisory role of the Cities regarding System operations. - 3 - 95 The Parties agree as follows: 1. DEFINITIONS For purposes of this Agreement the following definitions shall apply: "Cedar Hills Landfill" means the landfill owned and operated by the County located in southeast King County. "Cities" refers to all Cities that have signed an Amended and Restated Solid Waste Interlocal Agreement in substantially identical form to this Agreement. "Comprehensive Solid Waste Management Plan" or "Comprehensive Plan" means the Comprehensive Solid Waste Management Plan, as approved and amended from time to time, for the System, as required by chapter 70.95.080 RCW. "County" means King County, a Charter County and political subdivision of the State of Washington. "Disposal" means the final treatment, utilization, processing, deposition, or incineration of Solid Waste but shall not include Waste Prevention or Recycling as defined herein. - 4 - 96 "Disposal Rates" means the fee charged by the County to System Users to cover all costs of the System consistent with this Agreement, all state, federal and local laws governing solid waste and the Solid Waste Comprehensive Plan. "Divert" means to direct or permit the directing of Solid Waste to Disposal sites other than the Disposal site(s) designated by King County. "Energy /Resource Recovery" means the recovery of energy in a usable form from mass burning or refuse - derived fuel incineration, pyrolysis or any other means of using the heat of combustion of Solid Waste that involves high temperature (above 1,200 degrees F) processing. (chapter 173.350.100 WAC). "Landfill" means a Disposal facility or part of a facility at which Solid Waste is placed in or on land and which is not a land treatment facility. "Metropolitan Solid Waste Advisory Committee" or "MSWAC" means the advisory committee composed of city representatives, established pursuant to Section IX of this Agreement. "Moderate Risk Waste" means waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as those terms are defined in chapter 173 -350 WAC, as amended. - 5 - 97 "Original Agreement" means the Solid Waste Interlocal Agreement first entered into by and between the Parties, which is amended and restated by this Agreement. "Original Agreements" means collectively all such agreements between Cities and the County in substantially the same form as the Original Agreement. "Parties" means collectively the County and the City or Cities. "Recycling" as defined in chapter 70.95.030 RCW, as amended, means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill Disposal or incineration. "Regional Policy Committee" means the Regional Policy Committee created pursuant to approval of the County voters in 1993, the composition and responsibilities of which are prescribed in King County Charter Section 270 and chapter 1.24 King County Code, as they now exist or hereafter may be amended. "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes including but not limited to garbage, rubbish, ashes, industrial wastes, swill, commercial waste, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged materials, discarded commodities and recyclable materials, but shall not include dangerous, hazardous, or extremely hazardous waste as those terms are defined in chapter 173 -303 WAC, as amended; and shall further not include those - 6 - 98 wastes excluded from the regulations established in chapter 173 -350 WAC, more specifically identified in Section 173- 350 -020 WAC. "Solid Waste Advisory Committee" or "SWAC" means the inter - disciplinary advisory forum or its successor created by the King County Code pursuant to chapter 70.95.165 RCW. "System" includes King County's Solid Waste facilities used to manage Solid Wastes which includes but is not limited to transfer stations, drop boxes, landfills, recycling systems and facilities, energy and resource recovery facilities and processing facilities as authorized by chapter 36.58.040 RCW and as established pursuant to the approved King County Comprehensive Solid Waste Management Plan. "System User" or "System Users" means Cities and any person utilizing the County's System for Solid Waste handling, Recycling or Disposal. "Waste Prevention" means reducing the amount or type of waste generated. Waste Prevention shall not include reduction of already - generated waste through energy recovery, incineration, or otherwise. 11. PURPOSE The purpose of this Agreement is to foster transparency and cooperation between the Parties and to establish the respective responsibilities of the Parties in a Solid Waste management System, including but not limited to, planning, Waste Prevention, Recycling, and Disposal.. - 7 - 99 III. DURATION This Agreement shall become effective as of through December 31, 2040. IV. APPROVAL , and shall remain in effect This Agreement will be approved and filed in accordance with chapter 39.34 RCW. V. RENEGOTIATION TO FURTHER EXTEND TERM OF AGREEMENT 5.1 The Parties recognize that System Users benefit from long -term Disposal arrangements, both in terms of predictability of System costs and operations, and the likelihood that more cost competitive rates can be achieved with longer -term Disposal contracts as compared to shorter -term contracts. To that end, at least seven (7) years before the date that the County projects that the Cedar Hills Landfill will close, or prior to the end of this Agreement, whichever is sooner, the County will engage with MS WAC and the Solid Waste Advisory Committee, among others, to seek their advice and input on the Disposal alternatives to be used after closure of the Cedar Hills Landfill, associated changes to the System, estimated costs associated with the recommended Disposal alternatives, and amendments to the Comprehensive Solid Waste Management Plan necessary to support these changes. Concurrently, the Parties will meet to negotiate an extension of the term of the Agreement for the purpose of facilitating the Tong -term Disposal of Solid Waste after closure of the Cedar Hills Landfill. Nothing in this Agreement shall require the Parties to reach agreement on an extension of the term of this Agreement. If the Parties fail to reach agreement on an extension, the Dispute Resolution provisions of Section XIII do not apply, and this Agreement shall remain unchanged. - 8 - 100 5.2 Notwithstanding any other provision in this Agreement to the contrary, the Parties may, pursuant to mutual written agreement, modify or amend any provision of this Agreement at any time during the term of said Agreement. VI. GENERAL OBLIGATIONS OF PARTIES 6.1 King County 6.1.a Management. The County agrees to provide Solid Waste management services, as specified in this Section, for Solid Waste generated and collected within the City, except waste eliminated through Waste Prevention or waste recycling activities. The County agrees to dispose of or designate Disposal sites for all Solid Waste and Moderate Risk Waste generated and /or collected within the corporate limits of the City which is delivered to the System in accordance with all applicable Federal, State and local environmental health laws, rules, or regulations, as those laws are described in Subsection 8.5.a. The County shall maintain records as necessary to fulfill obligations under this Agreement. 6.1.b Planning. The County shall serve as the planning authority for Solid Waste and Moderate Risk Waste under this Agreement but shall not be responsible for planning for any other waste or have any other planning responsibility under this Agreement. 6.1.c Operation. King County shall be or shall designate or authorize the operating authority for transfer, processing and Disposal facilities, including public landfills and other facilities, consistent with the adopted Comprehensive Plan as well as closure and post - closure responsibilities for landfills which are or were operated by the County. - 9 - 101 6.1.d Collection Service. The County shall not provide Solid Waste collection services within the corporate limits of the City, unless permitted by law and agreed to by both Parties. 6.1.e Support and Assistance. The County shall provide support and technical assistance to the City consistent with the Comprehensive Solid Waste Management Plan for a Waste Prevention and Recycling program. Such support may include the award of grants to support programs with System benefits. The County shall develop educational materials related to Waste Prevention and Recycling and strategies for maximizing the usefulness of the educational materials and will make these available to the City for its use. Although the County will not be required to provide a particular level of support or fund any City activities related to Waste Prevention and Recycling, the County intends to move forward aggressively to promote Waste Prevention and Recycling. 6.1.f Forecast. The County shall develop Solid Waste stream forecasts in connection with System operations as part of the comprehensive planning process in accordance with Article XI. 6.1.g Facilities and Services. The County shall provide facilities and services pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste Transfer and Waste Management plan as adopted and County Solid Waste stream forecasts. 6.1.h Financial Policies. The County will maintain financial policies to guide the System's operations and investments. The policies shall be consistent with this Agreement and shall address debt issuance, rate stabilization, cost containment, reserves, asset ownership and use, and other financial issues. The County shall primarily use long term bonds to finance transfer System improvements. The policies shall be developed and /or revised through - 10 - 102 discussion with MSWAC, the Regional Policy Committee, the County Executive and the County Council. Such policies shall be codified at the same time as the Comprehensive Plan updates, but may be adopted from time to time as appropriate outside the Comprehensive Plan process. 6.2 City 6.2.a Collection. The City, an entity designated by the City or such other entity as is authorized by state law shall serve as operating authority for Solid Waste collection services provided within the City's corporate limits. 6.2.b Disposal. The City shall cause to be delivered to the County's System for Disposal all such Solid Waste and Moderate Risk Waste which is authorized to be delivered to the System in accordance with all applicable Federal, State and local environmental health laws, rules or regulations and is generated and /or collected within the corporate limits of the City and shall authorize the County to designate Disposal sites for the Disposal of all such Solid Waste and Moderate Risk Waste generated or collected within the corporate limits of the City, except for Solid Waste which is eliminated through Waste Prevention or waste Recycling activities consistent with the Comprehensive Solid Waste Management Plan. No Solid Waste generated or collected within the City may be Diverted from the designated Disposal sites without County approval. 6.3 JOINT RESPONSIBILITIES. 6.3.a Consistent with the Parties' overall commitment to ongoing communication and coordination, the Parties will endeavor to notify and coordinate with each other on the development of any City or County plan, facility, contract, dispute, or other Solid Waste issue that could have potential significant impacts on the County, the System, or the City or Cities. 103 6.3.b The Parties, together with other Cities, will coordinate on the development of emergency plans related to Solid Waste, including but not limited to debris management. VII. COUNTY SHALL SET DISPOSAL RATES AND OPERATING RULES FOR DISPOSAL; USE OF SYSTEM REVENUES 7.1 In establishing Disposal Rates for System Users, the County shall consult with MSWAC consistent with Section IX. The County may adopt and amend by ordinance rates necessary to recover all costs of the System including but not limited to operations and maintenance, costs for handling, processing and Disposal of Solid Waste, siting, design and construction of facility upgrades or new facilities, Recycling, education and mitigation, planning, Waste Prevention, reserve funds, financing, defense and payment of claims, insurance, System liabilities including environmental releases, monitoring and closure of landfills which are or were operated by the County, property acquisition, grants to cities, and administrative functions necessary to support the System and Solid Waste handling services during emergencies as established by local, state and federal agencies or for any other lawful solid waste purpose, and in accordance with chapter 43.09.210 RCW. Revenues from Disposal rates shall be used only for such purposes. The County shall establish classes of customers for Solid Waste management services and by ordinance shall establish rates for classes of customers. 7.2. It is understood and agreed that System costs include payments to the County general fund for Disposal of Solid Waste at the Cedar Hills Landfill calculated in accordance with this Section 7.2, and that such rental payments shall be established based on use valuations provided to the County by an independent -third party Member, Appraisal Institute (MAI) certified appraiser selected by the County in consultation with MSWAC. - 12 - 104 7.2.a A use valuation shall be prepared consistent with MAI accepted principles for the purpose of quantifying the value to the System of the use of Cedar Hills Landfill for Disposal of Solid Waste over a specified period of time (the valuation period). The County shall establish a schedule of annual use charges for the System's use of the Cedar Hills Landfill which shall not exceed the most recent use valuation. Prior to establishing the schedule of annual use charges, the County shall seek review and comment as to both the use valuation and the proposed payment schedule from MSWAC. Upon request, the County will share with and explain to MSWAC the information the appraiser requests for purposes of developing the appraiser's recommendation. 7.2.b Use valuations and the underlying schedule of use charges shall be updated if there are significant changes in Cedar Hills Landfill capacity as a result of opening new Disposal areas and as determined by revisions to the existing Cedar Hills Regional Landfill Site Development Plan; in that event, an updated appraisal will be performed in compliance with MAI accepted principles. Otherwise, a reappraisal will not occur. Assuming a revision in the schedule of use charges occurs based on a revised appraisal, the resulting use charges shall be applied beginning in the subsequent rate period. 7.2.c The County general fund shall not charge use fees or receive other consideration from the System for the System's use of any transfer station property in use as of the effective date of this Agreement. The County further agrees that the County general fund may not receive payments from the System for use of assets to the extent those assets are acquired with System revenues. As required by chapter 43.09.210 RCW, the System's use of assets acquired with the use of other separate County funds (e.g., the Roads Fund, or other funds) - 13 - 105 will be subject to use charges; similarly, the System will charge other County funds for use of System property. VIII. LIABILITY 8.1 Non - Environmental Liability Arising Out -of- County Operations. Except as provided in this Section, Sections 8.5 and 8.6, the County shall indemnify and hold harmless the City and shall have the right and duty to defend the City through the County's attorneys against any and all claims arising out of the County's operations during the term of this Agreement and settle such claims, provided that all fees, costs, and expenses incurred by the County thereby are System costs which may be satisfied from Disposal Rates as provided in Section VII herein. In providing such defense of the City, the County shall exercise good faith in such defense or settlement so as to protect the City's interest. For purposes of this Section "claims arising out of the County's operations" shall mean claims arising out of the ownership, control, or maintenance of the System, but shall not include claims arising out of the City's operation of motor vehicles in connection with the System or other activities under the control of the City which may be incidental to the County's operation. The provisions of this Section shall not apply to claims arising out of the sole negligence or intentional acts of the City. The provisions of this Section shall survive for claims brought within three (3) years past the term of this Agreement established under Section III. 8.2 Cooperation. In the event the County acts to defend the City against a claim under Section 8.1, the City shall cooperate with the County. 8.3 Officers, Agents, and Employees. For purposes of this Section VIII, references to City or County shall be deemed to include the officers, employees and agents of either Party, - 14 - 106 acting within the scope of their authority. Transporters or generators of waste who are not officers or employees of the City or County are not included as agents of the City or County for purposes of this Section. 8.4 Each Party by mutual negotiation hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 8.5 Unacceptable Waste 8.5.a All waste generated or collected from within the corporate limits of the City which is delivered to the System for Disposal shall be in compliance with the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) (RCRA), chapters 70.95 and 70.105 RCW, King County Code Title 10, King County Board of Health Rules and Regulations, the Solid Waste Division operating rules, and all other Federal, State and local environmental health laws, rules or regulations that impose restrictions or requirements on the type of waste that may be delivered to the System, as they now exist or are hereafter adopted or amended. 8.5.b For purposes of this Agreement, the City shall be deemed to have complied with the requirements of Subsection 8.5.a if it has adopted an ordinance requiring waste delivered to the System for Disposal to meet the laws, rules, or regulations specified in Subsection 8.5.a. However, nothing in this Agreement is intended to relieve the City from any obligation or liability it may have under the laws mentioned in Subsection 8.5.a arising out of the City's actions other than adopting, enforcing, or requiring compliance with said ordinance, such as liability, if any exists, of the City as a transporter or generator for improper transport or Disposal of regulated dangerous waste. Any environmental liability the City may have for - 15 - 107 releases of pollutants or hazardous or dangerous substances or wastes to the environment is dealt with under Sections 8.6 and 8.7. 8.5.c The City shall hold harmless, indemnify and defend the County for any property damages or personal injury caused solely by the City's failure to adopt an ordinance under Subsection 8.5.b. In the event the City acts to defend the County under this Subsection, the County shall cooperate with the City. 8.5.d The City shall make best efforts to include language in its contracts, franchise agreements, or licenses for the collection of Solid Waste within the City that allow for enforcement by the City against the collection contractor, franchisee or licensee for violations of the laws, rules, or regulations in Subsection 8.5.a. The requirements of this Subsection 8.5.d shall apply to the City's first collection contract, franchise, or license that becomes effective or is amended after the effective date of this Agreement. 8.5.d.i If waste is delivered to the System in violation of the laws, rules, or regulations in Subsection 8.5.a, before requiring the City to take any action under Subsection 8.5.d.ii, the County will make reasonable efforts to determine the parties' responsible for the violation and will work with those parties to correct the violation, consistent with applicable waste clearance and acceptance rules, permit obligations, and any other legal requirements. 8.5.d.ii If the violation is not corrected under Subsection 8.5.d.i and waste is determined by the County to have been generated or collected from within the corporate limits of the City, the County shall provide the City with written notice of the violation. Upon such notice, the City shall take immediate steps to remedy the violation and prevent similar future violations to the reasonable satisfaction of the County which may include but not be - 16 - 108 limited to removing the waste and disposing of it in an approved facility; provided that nothing in this Subsection 8.5.d.ii shall obligate the City to handle regulated dangerous waste, as defined in WAC 173 -351- 200(1)(b)(i), and nothing in this Subsection shall relieve the City of any obligation it may have apart from this Agreement to handle regulated dangerous waste. If, in good faith, the City disagrees with the County regarding the violation, such dispute shall be resolved between the Parties using the Dispute Resolution process in Section XII or, if immediate action is required to avoid an imminent threat to public health, safety or the environment, in King County Superior Court. Each Party shall be responsible for its own attorneys' fees and costs. Failure of the City to take the steps requested by the County pending Superior Court resolution shall not be deemed a violation of this Agreement; provided, however, that this shall not release the City for damages or loss to the County arising out of the failure to take such steps if the Court finds a City violation of the requirements to comply with applicable laws set forth in Subsection 8.5.a. 8.6 Environmental Liability. 8.6.a Neither the County nor the City holds harmless or indemnifies the other with regard to any liability arising under 42 U.S.C. § 9601 -9675 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or pursuant to chapter 70.105D RCW (MTCA) or as hereafter amended and any state legislation imposing liability for System- related cleanup of contaminated property from the release of pollutants or hazardous or dangerous substances and /or damages resulting from property contaminated from the release of pollutants or hazardous or dangerous substances ( "Environmental Liabilities "). - 17 - 109 8.6.b Nothing in this Agreement is intended to create new Environmental Liability nor release any third -party from Environmental Liability. Rather, the intent is to protect the general funds of the Parties to this Agreement by ensuring that, consistent with best business practices, an adequate portion of Disposal Rates being collected from the System Users are set aside and accessible in a fair and equitable manner to pay the respective County and City's Environmental Liabilities. 8.6.c The purpose of this Subsection is to establish a protocol for the setting aside, and subsequent distribution of, Disposal Rates intended to pay for Environmental Liabilities of the Parties, if and when such liabilities should arise, in order to safeguard the Parties' general funds. To do so, the County shall: 8.6.c.i Use Disposal Rates to obtain and maintain, to the extent commercially available under reasonable terms, insurance coverage for System- related Environmental Liability that names the City as an Additional Insured. The County shall establish the adequacy, amount and availability of such insurance in consultation with MSWAC. Any insurance policy in effect on the termination date of this Agreement with a term that extends past the termination date shall be maintained until the end of the policy term. 8.6.c.ii Use Disposal Rates to establish and maintain a reserve fund to help pay the Parties' Environmental Liabilities not already covered by System rates or insurance maintained under Subsection 8.6.c.i above ("Environmental Reserve Fund "). The County shall establish the adequacy of the Environmental Reserve Fund in consultation with MSWAC and consistent with the financial policies described in Article VI. The County shall retain the Environmental Reserve Fund for a minimum of 30 years following the closure of the Cedar Hills Landfill (the "Retention Period "). During the Retention Period, the Environmental Reserve Fund - 18 - 110 shall be used solely for the purposes for which it was established under this Agreement. Unless otherwise required by law, at the end of the Retention Period, the County and Cities shall agree as to the disbursement of any amounts remaining in the Environmental Reserve Fund. If unable to agree, the County and City agree to submit disbursement to mediation and if unsuccessful to binding arbitration in a manner similar to Section 39.34.180 RCW to the extent permitted by law. 8.6.c.iii Pursue state or federal grant funds, such as grants from the Local Model Toxics Control Account under chapter 70.105D.070(3) RCW and chapter 173 -322 WAC, or other state or federal funds as may be available and appropriate to pay for or remediate such Environmental Liabilities. 8.6.d If the funds available under Subsections 8.6.c.i -iii are not adequate to completely satisfy the Environmental Liabilities of the Parties to this Agreement then to the extent feasible and permitted by law, the County will establish a financial plan including a rate schedule to help pay for the County and City's remaining Environmental Liabilities in consultation with MSWAC. 8.6.e The County and the City shall act reasonably and quickly to utilize funds collected or set aside through the means specified in Subsections 8.6.c.i -iii and 8.6.d to conduct or finance response or clean -up activities in order to limit the County and City's exposure, or in order to comply with a consent decree, administrative or other legal order. The County shall notify the City within 30 days of any use of the reserve fund established in 8.6.c.iii. 8.6.f In any federal or state regulatory proceeding, and in any action for contribution, money expended by the County from the funds established in Subsections 8.6.c.i -iii and 8.6.d. to pay the costs of remedial investigation, cleanup, response or other action required - 19 - 111 pursuant to a state or federal laws or regulations shall be considered by the Parties to have been expended on behalf and for the benefit of the County and the Cities. 8.6.g In the event that the funds established as specified in Subsections 8.6.c.i -iii and 8.6.d are insufficient to cover the entirety of the County and Cities' collective Environmental Liabilities, the funds described therein shall be equitably allocated between the County and Cities to satisfy their Environmental Liabilities. Factors to be considered in determining "equitably allocated" may include the size of each Party's System User base and the amount of rates paid by that System User base into the funds, and the amount of the Solid Waste generated by the Parties' respective System Users. Neither the County nor the Cities shall receive a benefit exceeding their Environmental Liabilities. 8.7 The County shall not charge or seek to recover from the City any costs or expenses for which the County indemnified the State of Washington in Exhibit A to the Quitclaim Deed from the State to the County for the Cedar Hills Landfill, dated February 24, 1993, to the extent such costs are not included in System costs. IX. CITY ADVISORY COMMITTEE 9.1 There is hereby created an advisory committee comprised of representatives from cities, which shall be known as the Metropolitan Solid Waste Advisory Committee ( "MSWAC "). The City may designate a representative and alternate(s) to serve on MSWAC. MSWAC shall elect a chair and vice -chair and shall adopt bylaws to guide its deliberations. The members of MSWAC shall serve at the pleasure of their appointing bodies and shall receive no compensation from the County. - 2 0 - 112 9.2 MSWAC is the forum through which the Parties together with other cities participating in the System intend to discuss and seek to resolve System issues and concerns. MSWAC shall assume the following advisory responsibilities: 9.2.a Advise the King County Council, the King County Executive, Solid Waste Advisory Committee, and other jurisdictions as appropriate, on all policy aspects of Solid Waste management and planning; 9.2.b Consult with and advise the County on technical issues related to Solid Waste management and planning; 9.2.c Assist in the development of alternatives and recommendations for the Comprehensive Solid Waste Management Plan and other plans governing the future of the System, and facilitate a review and /or approval of the Comprehensive Solid Waste Management Plan by each jurisdiction; 9.2.d Assist in the development of proposed interlocal Agreements between King County and cities for planning, Waste Prevention and Recycling, and waste stream control; 9.2.e Review and comment on Disposal Rate proposals and County financial policies; 9.2.f Review and comment on status reports on Waste Prevention, Recycling, energy /resources recovery, and System operations with inter jurisdictional impact; 9.2.g Promote information exchange and interaction between waste generators, cities, recyclers, and the County with respect to its planned and operated Disposal Systems; 9.2.h Provide coordination opportunities among the Solid Waste Advisory Committee, the Regional Policy Committee, the County, cities, private waste haulers, and recyclers; - 21 - 113 9.2.i Assist cities in recognizing municipal Solid Waste responsibilities, including collection and Recycling, and effectively carrying out those responsibilities; and 9.2.j Provide input on such disputes as MSWAC deems appropriate. 9.3 The County shall assume the following responsibilities with respect to MSWAC; 9.3.a The County shall provide staff support to MS WAC; 9.3.b In consultation with the chair of MSWAC, the County shall notify all cities and their designated MSWAC representatives and alternates of the MSWAC meeting times, locations and meeting agendas. Notification by electronic mail or regular mail shall meet the requirements of this Subsection; 9.3.c The County will consider and respond on a timely basis to questions and issues posed by MSWAC regarding the System, and will seek to resolve those issues in collaboration with the Cities. Such issues shall include but are not limited to development of efficient and accountable billing practices; and 9.3.d. The County shall provide all information and supporting documentation and analyses as reasonably requested by MSWAC for MSWAC to perform the duties and functions described in Section 9.2. X. FORUM INTERLOCAL AGREEMENT 10.1 As of the effective date of this Agreement, the Forum Interlocal Agreement and Addendum lo Solid Waste Interlocal Agreement and Forum Interlocal Agreement by and between the City and County continue through June 30, 2028. After 2028 responsibilities assigned to the Forum shall be assigned to the Regional Policy Committee. The Parties agree that Solid Waste System policies and plans shall continue to be deemed regional countywide policies - 22 - 114 and plans that shall be referred to the Regional Policy Committee for review consistent with King County Charter Section 270.30 and chapter 1.24 King County Code. X1. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN 11.1 King County is designated to prepare the Comprehensive Solid Waste Management Plan (Comprehensive Plan) and this plan shall include the City's Solid Waste Management Comprehensive Plan pursuant to chapter 70.95.080(3) RCW. 1 1.2 The Comprehensive Plan shall be reviewed and any necessary revisions proposed. The County shall consult with MSWAC to determine when revisions are necessary. King County shall provide services and build facilities in accordance with the adopted Comprehensive Plan. 11.3 The Comprehensive Plans will promote Waste Prevention and Recycling in accordance with Washington State Solid Waste management priorities pursuant to chapter 70.95 RCW, at a minimum. 11.4 The Comprehensive Plans will be prepared in accordance with chapter 70.95 RCW and Solid Waste planning guidelines developed by the Department of Ecology. The plan shall include, but not be limited to: 11.4.a Descriptions of and policies regarding management practices and facilities required for handling all waste types; 11.4.b Schedules and responsibilities for implementing policies; 11.4.c Policies concerning waste reduction, Recycling, Energy and Resource Recovery, collection, transfer, long -haul transport, Disposal, enforcement and administration; and - 23 - 115 11.4.d Operational plan for the elements discussed in Item c above. 11.5 The cost of preparation by King County of the Comprehensive Plan will be considered a cost of the System and financed out of the rate base. 11.6 The Comprehensive Plans will be "adopted" within the meaning of this Agreement when the following has occurred: 11.6.a The Comprehensive Plan is approved by the King County Council; and 11.6.b The Comprehensive Plan is approved by cities representing three - quarters of the population of the incorporated population of jurisdictions that are parties to the Forum Interlocal Agreement. In calculating the three - quarters, the calculations shall consider only those incorporated jurisdictions taking formal action to approve or disapprove the Comprehensive Plan within 120 days of receipt of the Plan. The 120 -day time period shall begin to run from receipt by an incorporated jurisdiction of the Forum's recommendation on the Comprehensive Plan, or, if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from the Forum without recommendation. 11.7 Should the Comprehensive Plan be approved by the King County Council, but not receive approval of three - quarters of the cities acting on the Comprehensive Plan, and should King County and the cities be unable to resolve their disagreement, then the Comprehensive Plan shall be referred to the State Department of Ecology and the State Department of Ecology will resolve any disputes regarding Comprehensive Plan adoption and adequacy by approving or disapproving the Comprehensive Plan or any part thereof. 11.8 King County shall determine which cities are affected by any proposed amendment to the Comprehensive Plan. If any City disagrees with such determination, then the City can request that the Forum determine whether or not the City is affected. Such - 24 - 116 determination shall be made by a two - thirds majority vote of all representative members of the Forum. 11.9 Should King County and the affected jurisdictions be unable to agree on amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the Department of Ecology to resolve any disputes regarding such amendments. 11.10 Should there be any impasse between the Parties regarding Comprehensive Plan adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall resolve said disputes. XII. MITIGATION 12.1 The County will design, construct and operate Solid Waste facilities in a manner to mitigate their impact on host Cities and neighboring communities pursuant to applicable law and regulations. 12.2 The Parties recognize that Solid Waste facilities are regional facilities. The County further recognizes that host Cities and neighboring communities may sustain impacts which can include but are not limited to local infrastructure, odor, traffic into and out of Solid Waste facilities, noise and litter. 12.3 Collaboration in Environmental Review. In the event the County is the sole or co- Lead Agency, then prior to making a threshold determination under the State Environmental Policy Act (SEPA), the County will provide a copy of the SEPA environmental checklist, if any, and proposed SEPA threshold determination to any identifiable Host City (as defined below) and adjacent or neighboring city that is signatory to the Agreement and that may be affected by the - 25 - 117 project ( "Neighboring City ") and seek their input. For any facility for which the County prepares an Environmental Impact Statement (EIS), the County will meet with any identified potential Host City (as defined below) and any Neighboring City to seek input on the scope of the EIS and appropriate methodologies and assumptions in preparing the analyses supporting the EIS. However, nothing in this Section shall limit or impair the County's ability to timely complete the environmental review process. 12.4 Collaboration in Project Permitting. If a new or reconstructed Solid Waste facility is proposed to be built within the boundaries of the City ( "Host City ") and the project requires one or more "project permits" as defined in chapter 36.70B.020(4) RCW from the Host City, before submitting its first application for any of the project permits, the County will meet with the Host City and any Neighboring City, to seek input. However, nothing in this Section shall limit or impair the County's ability to timely submit applications for or receive permits, nor waive any permit processing or appeal timelines. 12.5 Separately, the County and the City recognize that in accordance with 36.58.080 RCW, a city is authorized to charge the County to mitigate impacts directly attributable to a County-owned Solid Waste facility. The County acknowledges that such direct costs include wear and tear on infrastructure including roads. To the extent that the City establishes that such charges are reasonably necessary to mitigate such impacts, payments to cover such impacts may only be expended only to mitigate such impacts and are System costs. If the City believes that it is entitled to mitigation under this Agreement, the City may request that the County undertake a technical analysis regarding the extent of impacts authorized for mitigation. Upon receiving_such a request, the County, in coordination with the City and any necessary technical consultants, will develop any analysis that is reasonable and appropriate to identify impacts. The cost for such - 26 - 118 analysis is a System cost. The City and County will work cooperatively to determine the appropriate mitigation payments and will document any agreement in a Memorandum of Agreement. If the City and the County cannot agree on mitigation payments, the dispute resolution process under chapter 36.58.080 RCW will apply rather than the dispute resolution process under Section X11 of the Agreement. XIII. DISPUTE RESOLUTION 13.1 Unless otherwise expressly stated, the terms of this Section XIII shall apply to disputes arising under this Agreement. 13.2 Initial Meeting. 13.2.a Either Party shall give notice to the other in writing of a dispute involving this Agreement. 13.2.b Within ten (10) business days of receiving or issuing such notice, the County shall send an email notice to all Cities. 13.2.c Within ten (10) business days of receiving the County's notice under Subsection 13.2.b, a City shall notify the County in writing or email if it wishes to participate in the Dispute Resolution process. 13.2.d Within not less than twenty -one (21) days nor more than thirty (30) days of the date of the initial notice of dispute issued under Subsection 13.2.a, the County shall schedule a time for staff from the County and any City requesting to participate in the dispute resolution process ( "Participating City ") to meet (the "initial meeting "). The County shall endeavor to set such initial meeting a time and place convenient to all Participating Cities and to the County. - 27 - 119 13.3 Executives' Meeting. 13.3.a If the dispute is not resolved within sixty (60) days of the initial meeting, then within seven (7) days of expiration of the sixty (60) -day period, the County shall send an email notice to all Participating Cities that the dispute was not resolved and that a meeting of the County Executive, or his /her designee and the chief executive officer(s) of each Participating City, or the designees of each Participating City (an "executives' meeting ") shall be scheduled to attempt to resolve the dispute. It is provided, however, that the County and the Participating Cities may mutually agree to extend the sixty (60) -day period for an additional fifteen (15) days if they believe further progress may be made in resolving the dispute, in which case, the County's obligation to send its email notice to the Participating Cities under this Subsection that the dispute was not resolved shall be within seven (7) days of the end of the extension. Likewise, the County and the Participating Cities may mutually conclude prior to the expiration of the sixty (60) -day period that further progress is not likely in resolving the dispute at this level, in which case, the County shall send its email notice that the dispute was not resolved within seven (7) days of the date that the County and the Participating Cities mutually concluded that further progress is not likely in resolving the dispute. 13.3.b Within seven (7) days of receiving the County's notice under Subsection 13.3.a each Participating City shall notify the County in writing or email if it wishes to participate in the executives' meeting. 13.3.c Within not less than twenty -one (21) days nor more than thirty (30) days of the date of the notice of the executives' meeting issued under Subsection 13.3.a, the County shall schedule a time for the executives' meeting. The County shall endeavor to set such - 28 - 120 executives' meeting a time and place convenient to all Participating Cities that provided notice under Subsection 13.3.b and to the County. 13.4. Non - Binding Mediation. 13.4.a If the dispute is not resolved within thirty (30) days of the executives' meeting, then any Participating City that was Party to the executives' meeting or the County may refer the matter to non - binding meditation by sending written notice within thirty -five (35) days of the initial executives' meeting to all Parties to such meeting. 13.4.b Within seven (7) days of receiving or issuing notice that a matter will be referred to non - binding mediation, the County shall send an email notice to all Participating Cities that provided notice under Subsection 13.3.b informing them of the referral. 13.4.c Within seven (7) days of receiving the County's notice under Subsection 13.4.b, each Participating City shall notify the County in writing if it wishes to participate in the non - binding mediation. 13.4.d The mediator will be selected in the following manner: The City(ies) electing to participate in the mediation shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two mediators shall select a third mediator who shall mediate the dispute. Alternately, the City(ies) participating in the mediation and the County may agree to select a mediator through a mediation service mutually acceptable to the Parties. The Parties to the mediation shall share equally in the costs charged by the mediator or mediation service. For purposes of allocating costs of the mediator or mediation service, all Cities participating in the mediation will be considered one Party. 13.5 Superior Court. Any Party, after participating in the non - binding mediation, may commence an action in King County Superior Court after one hundred ei - 29 - ghty (180) days from 121 the commencement of the mediation, in order to resolve an issue that has not by then been resolved through non - binding mediation, unless all Parties to the mediation agree to an earlier date for ending the mediation. 13.6 Unless this Section XIII does not apply to a dispute, then the Parties agree that they may not seek relief under this Agreement in a court of law or equity unless and until each of the procedural steps set forth in this Section XIII have been exhausted, provided, that if any applicable statute of limitations will or may run during the time that may be required to exhaust the procedural steps in this Section XIII, a Party may file suit to preserve a cause of action while the Dispute Resolution process continues. The Parties agree that, if necessary and if allowed by the court, they will seek a stay of any such suit while the Dispute Resolution process is completed. If the dispute is resolved through the Dispute Resolution process, the Parties agree to dismiss the lawsuit, including all claims, counterclaims, and cross - claims, with prejudice and without costs to any Party. XIV. FORCE MAJEURE The Parties are not liable for failure to perform pursuant to the terns of this Agreement when failure to perform was due to an unforeseeable event beyond the control of either Party ( "force majeure"). The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, or labor disputes, causing the inability to perform the requirements of this Agreement, if either Party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to - 30 - 122 the other Party, such obligation or condition shall be suspended only for the time and to the extent practicable to restore normal operations. XV. MERGER This Agreement merges and supersedes all prior negotiations, representation and /or agreements between the Parties relating to the subject matter of this Agreement and constitutes the entire contract between the Parties [except with regard to the provisions of the Forum Interlocal Agreement]; provided that nothing in Section XV supersedes or amends any indemnification obligation that may be in effect pursuant to a contract between the Parties other than the Original Agreement; and further provided that nothing in this Agreement supersedes, amends or modifies in any way any permit or approval applicable to the System or the County's operation of the System within the jurisdiction of the City. XVI. WAIVER No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or a different provision of this Agreement. XVII. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall benefit any other entity or person except those expressly described herein, and no other such person or entity shall be entitled to be treated as a third -party beneficiary of this Agreement. - 31 - 123 XVIII. SURVIVABILITY Except as provided in Section 8.1, 8.2, 8.3, Section 8.6.c, except 8.6.ciii and Section 8.6d, no obligations in this Agreement survive past the expiration date as established in Section III. XIX. NOTICE Except as otherwise provided in this Agreement, a notice required to be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the City: 124 - 32 - For the County: Director King County Solid Waste Division 201 South Jackson Street, Suite 701 Seattle, Washington 98104 IN WITNESS WHEREOF, this Agreement has been executed by each Party on the date set forth below: CITY of KING COUNTY (Mayor /City Manager) King County Executive Date Date Clerk - Attest Clerk -Attest Approved as to form and legality Approved as to form and legality City Attorney King County Deputy Prosecuting Attorney Date Date - 33 - 125 126 Attachment B Amended and Restated Solid Waste Interlocal Agreement between King County and Cities Frequently Asked Questions 1. What is the timeframe for Cities to adopt the new ILA? By mid -2014 the Solid Waste Division will propose rates for the 2015/16 rate period. Financial policies developed in collaboration with the Metropolitan Solid Waste Advisory Committee will inform the rate study. To allow sufficient time to develop those policies and complete the rate study, the County needs each City to act on the ILA by April 30, 2013. 2. What is the purpose of the non - binding statement of interest? The County is asking each City to provide a non - binding statement of interest that indicates likely participation in the new ILA by January 31, 2013. This information will be helpful to the County as it moves forward with a variety of planning efforts, including updating the Draft Comprehensive Solid Waste Management Plan. 3. What are the capital project financing needs in 2013 and 2014? Presently, the division has $75 million in Bond Anticipation Notes (BANS) that will expire on February 28, 2012. Those BANs will be converted to long -term bonds. Later in 2013, an additional $13 million will be required for anticipated capital project expenditures. In 2014, it is anticipated that $35 million will be needed. 4. How does City participation in the new ILA affect capital project financing? Financing for transfer system capital improvements will be primarily by long -term bonds. Ensuring adequate revenue to repay the bonds is critical and that revenue is directly dependent on City participation in the system. If enough cities sign the extended ILA, the County will issue bonds of 20 years or longer (out to 2040), which will mean lower per ton fees. Conversely, if cities do not choose to extend the ILA, bonds will only be issued out to 2028, which will increase rates. A mix of longer and shorter bonds may be possible if some cities extend the ILA and others do not. 5. What are the implications for a City that chooses not to sign the new ILA? Cities that choose to remain with the original ILA that expires in 2028 will pay rates that include the additional amount needed to pay for the shorter bonds. The additional amount will be in the range of $7 to $9 per ton. Cities that choose to remain with the original ILA will also not receive the benefits of the new ILA, including those related to potential environmental liability. 6. How long do cities have to adopt the new ILA? In order to move forward with development of financial policies that will inform the 2015/16 rate period and other planning efforts, the County needs each City by April 30, 2013 to decide whether to sign the new ILA. 7. How would insurance coverage and liability reserves be established? The insurance coverage and liability reserves provided for under the new ILA would be established based on what is commercially available and determined appropriate in consultation with the Metropolitan Solid Waste Advisory Committee (MSWAC - note that the name of this committee changes in the new ILA from the Metropolitan Solid Waste Management Advisory Committee or MSWMAC). King County Solid Waste Division December 21, 2012 127 Amended and Restated Solid Waste Interlocal Agreement between King County and Cities Frequently Asked Questions 8. Does this ILA lock Cities into the current Transfer System Plan? No. In the new ILA the County commits to provide facilities and services pursuant to adopted plans. The ILA also acknowledges that plans for transfer station improvements may be modified. 9. How does the ILA relate to the comprehensive solid waste management plan? The ILA provides a framework for Cities and the County to work collaboratively to maintain and update the comprehensive solid waste management plan and for adoption of the plan. Specific policies, plans, and strategies are not included in the ILA. 10. What about disposal after Cedar Hills closes? The ILA provides a framework for Cities and the County to plan for disposal post -Cedar Hills. At least seven years before the date that the landfill is projected to close, the County will seek advice and input from MSWAC and others on disposal alternatives. 11. Does the new ILA address Cedar Hills landfill rent? The ILA establishes a clear process for rent for Cedar Hills, limiting when rental payments can be changed, requiring a certified appraisal process be followed, and seeking review and comment from the Cities. It clearly states that the solid waste system shall not pay rent to the general fund for use of other county properties for transfer stations. 12. What if my City has more questions about this new ILA? If you have any questions or would like to schedule a briefing, please call or email Pat McLaughlin at 206 - 296 -4385 or pat.mclaughlin @kingcounty.gov. King County Solid Waste Division December 21, 2012 128 Attachment C Amended and Restated Solid Waste Interlocal Agreement between King County and Cities ILA Term Sheet • Accountability • Transparency • Durability: address long -term needs • Simplicity Part I: Contract Term, Capital Financing, and Ability to Terminate Agreement in Advance Contract Term ILA is extended 12.5 years, through December 2040. As ofJune 2012, there would be 28.5 years remaining on the contract. Bond Term How long could the financing term be for bonds funding the Transfer Station improvement plan? 20 to 28 years, depending on when each series of bonds to finance the transfer station projects is issued. Disposal Fees (tonnage rates) Significantly lower cost per ton is possible as compared to the "no extension" option The longer the term, the higher the total price paid for the improvements (more interest paid). Negotiated ILA Extension An ILA extension is likely to be necessary at some point during the term of the amended ILA in order to accommodate a cost - effective long -term disposal solution after Cedar Hills closes. The ILA will include language describing the parties' intent to enter into negotiations to extend the ILA before Cedar Hills closes, but after such time as the region has made a decision on the long -term disposal option; that decision will require amending the Comprehensive Solid Waste Management Plan (CSWMP). The parties could choose to begin the negotiations before ratification of the CSWMP amendment is complete. The amended ILA cannot compel either party to agree to a future extension of the term. If Cedar Hills closes on schedule (2025), what happens if the ILA is not The County would have to provide disposal at another location for 15 years (2025 through 2040). The City will continue to be part of the County system during that time. This is a relatively short time period and as a result the assumption is that costs would likely be considerably more expensive than disposal at Cedar Hills. extended again? Early Termination Will cities have the ability to terminate the ILA early? No. If a city has the ability to terminate the ILA early, the County will, in exchange, need to be able to recoup from that city, at a minimum, all the debt service costs associated with the terminating city's share of the transfer station system upgrades. Not included because the cost of prepaying debt service for a city's share of transfer station system improvements is likely to be so expensive that no city would choose King County Solid Waste Division Page 1 of 5 December 21, 2012 129 Amended and Restated Solid Waste Interlocal Agreement between King County and Cities ILA Term Sheet King County Solid Waste Division Page 2 of 5 130 December 21, 2012 to exercise this option. It would imply the city would prepay for a 50 -year asset after a few years, and, the terminating city would not be assured of having access to the system assets after leaving. What if some cities don't agree to extend the ILA? Non - extending cities would be in a different customer class than extending cities. Non - extending cities would be charged rates to ensure their portion of transfer station debt is fully repaid by June 2028. As a result, their rates would be $7 -$9 per ton higher than for cities extending the ILA. Part 2: Governance Cities Advisory Committee The Cities advisory committee (MSWMAC) is memorialized within the ILA as the Metropolitan Solid Waste Advisory Committee (MSWAC). Its structure and operations are no longer controlled by County Code. It has the same composition, same rules as today: • Each city may appoint a delegate and alternates to MSWAC. • MSWAC retains its existing responsibilities. • MSWAC will elect a chair and vice - chair, and adopt its own bylaws. • MSWAC will be staffed by the County. • MSWAC remains an advisory body. It will coordinate with the Solid Waste Advisory Committee (SWAC) and provide advice to SWAC as it deems appropriate. MSWAC will also provide recommendations to the County Executive, County Council, and other entities. The County agrees to consider and respond on a timely basis to questions and issues from MSWAC, including but not limited to development of efficient and accountable billing practices. Regional Policy Committee (RPC) The role of the RPC is not affected by the amended and restated ILA. The RPC will retain its current charter role in acting on Comprehensive Solid Waste Management Plan (CSWMP) amendments and financial policies. Its existing responsibilities as the Solid Waste Interlocal Forum will continue through the end of the current ILA in June 2028. After 2028 those responsibilities will go to the RPC. Part 3: Comprehensive Solid Waste Management Plan Process The CSWMP is reviewed and amended as needed. Several years before the Cedar Hills Landfill closes, the CSWMP will be amended to include language defining the regional disposal option. The ILA will confirm current practice that the County Council acts to approve the CSWMP subject to ratification, in the same way that Countywide Planning Policies are now first approved by the County and then subject to ratification. The County will act after seeking input from MSWAC, among others. Once the County action is effective, the ratification period would run for 120 days. King County Solid Waste Division Page 2 of 5 130 December 21, 2012 Amended and Restated Solid Waste Interlocal Agreement between King County and Cities ILA Term Sheet Ratification Requirement The current ILA requires that jurisdictions representing 75% of the contract city population must approve CSWMP changes. The 75% is determined based on those cities taking a position. The negotiating team considered modifying the ratification requirement. Because of the difficulties of administering two different ratification processes if some cities extend and others do not, the current process was left unchanged. It has been used several times over the term of the agreement without significant problems. Part 4: Other Issues Parties Obligations to Communicate The parties will endeavor to notify each other in the event of the development of any plan, contract, dispute, use of environmental liability funds or other solid waste issue that could have potential significant impacts on the City and /or Cities, the County and /or the regional solid waste system. Emergency Planning The County and the cities will coordinate on the development of emergency plans related to solid waste, including but not limited to debris management. Grants The ILA will include a provision confirming that grants to cities in support of programs that benefit the Solid Waste system are a permissible use of system revenues. Mitigation The ILA will acknowledge that solid waste facilities are regional facilities and host cities and neighboring cities may sustain impacts for which there are three types of mitigation: 1. When new facilities are sited, or existing facilities are reconstructed, mitigation will be determined with advance input from host communities and neighboring cities, and per state law. The County will collaborate with potential host cities and neighboring cities in advance of both the environmental review and permitting processes, including seeking advance input from such cities as to potential impacts that should be addressed in scoping of environmental studies /documents, or in developing permit applications. 2. With respect to existing facilities, the County will continue the full range of operational mitigation activities required under law (odor and noise control, maintenance, litter cleanup, etc.). 3. The ILA will recognize the rights of cities to charge the County for direct impacts from operations consistent with State law (RCW 36.58.080). Cities that believe they are entitled to such mitigation may request the County undertake technical studies to determine the extent of such impacts; the County will undertake analysis it determines is reasonable and appropriate. The costs of such studies will be System costs. Dispute resolution would occur per the state statute provision, rather than the ILA dispute resolution provisions. Cities retain their full regulatory authority with respect to design, construction or operation of facilities within their jurisdiction. King County Solid Waste Division Page 3 of 5 December 21, 2012 131 Amended and Restated Solid Waste Interlocal Agreement between King County and Cities ILA Term Sheet Cedar Hills Landfill Rent The ILA will acknowledge that rent is charged to the Division for use of the Cedar The County began leasing the Hills Landfill, and clarify how the rent will be determined. Cedar Hills Landfill from the The County will continue to charge the Solid Waste System rent for use of the Cedar state in 1960 at a time when Hills Landfill. The Landfill is a General Fund asset. the solid waste function was The ILA will ensure that Landfill rent will be based on third party professional still part of County General valuations using accepted MAI valuation principles. Cities will have input into the Fund operations. Throughout selection of the appraiser and will have an opportunity to review and comment on the '60s, '70s and into the data inputs provided by the System to the appraiser for purposes of conducting the '80s, the solid waste system was operated as part of the appraisal. General Fund through a mix The December 2011 appraisal setting the rent value for the period from 2013 of County General Fund through 2025 (the current estimated end of the Landfill's useful life) will be adjusted monies and solid waste fees. downward to ensure that the System is not charged for Landfill capacity that was In 1983, the County formally included and paid for by the System per the previous (2004) appraisal. The same began the effort to transform adjustment will be made with respect to any future appraisal. the solid waste system from a General Fund operation to The ILA will define a clear process by which the value of Cedar Hills to the Division, and the associated rent, may be revalued during the Agreement, and will ensure a self - sustaining utility engagement of MSWAC in that process. enterprise, fully funded from Rent costs are an operating cost to the Division that will be incorporated into solid system revenues -- primarily waste rates. MSWAC will have input on all rate proposals, as well as the specific tipping fees charged at the schedule of rent payments derived from the new appraisal. Cedar Hills Landfill. The The County will commit to not charge General Fund rent for any transfer station Landfill was acquired by the property now in use, and will not charge General Fund rent for assets acquired in General Fund from the state in 1992 and remains a the future solely from System revenues. Assets owned by other County funds (e.g., the Roads Division, or other funds) will be subject to rent (and vice versa). Any General Fund asset. The revenue generated from System owned assets will be treated as revenues of the General Fund began charging the Division for the use of this asset in 2004. System. Financial Policies The County will develop financial policies to guide the Division's operations and investments. The policies will address debt issuance, cost containment, reserves, asset ownership and use, and other financial issues. The policies will be developed through discussion with MSWAC, RPC, the County Executive and the County Council. Such policies will periodically be codified at the same time as CSWMP updates, but may be adopted from time to time as appropriate outside the CSWMP update cycle. Dispute Resolution The ILA will replace the current dispute resolution provisions involving State DOE (State DOE is not willing to serve the role ascribed to it in the current ILA) with more standard provisions, similar to those used in other multi -party County ILAs. In event of a dispute, the first step will be for staff from the parties to meet. If the issue is not resolved, then the City Manager /Administrator from the city(ies) and the County Executive will meet. If the issue is still not resolved, non - binding mediation may be pursued if any party so chooses, prior to pursuing formal legal action. All cities will be notified of disputes at each step, and may join the dispute if they so choose. Costs of mediation will be split, with the cities (all those participating in the matter) paying half of the costs and the County paying half of the costs. King County Solid Waste Division 132 Page 4 of 5 December 21, 2012 Amended and Restated Solid Waste Interlocal Agreement between King County and Cities ILA Term Sheet Liability SCA Principles as agreed to by Executive Constantine form the basis for the Environmental Liability section. The County and the Cities agree that System - related costs, including environmental liabilities, should be funded by System revenues which include but are not limited to insurance proceeds, grants and rates. A protocol for payment of liabilities if and when they arise is established including: • Insurance, if commercially available with cities as additional insured • Any reserves established for environmental liability shall survive for 30 years after the closure of the Cedar Hills Landfill. • Grants to the extent available • Developing a financial plan including a rate schedule in consultation with MSWAC Specific language is included indicating it is the intent of the parties to protect their general funds from Environmental Liabilities to the greatest extent feasible. Severability Team agreed not to include a severability section. Effect is that in the event one section of the contract is found to be invalid the Parties will need to meet to discuss how to remedy the issue Survivability No obligations of the agreement shall survive the expiration of the contract except portions of the liability section including: • A three year obligation for tort related operational liability • Any insurance in effect at the end of the agreement shall continue for the term of the policy • Reserve fund is retained for 30 years following Cedar Hills closure Flow Control Language in Section 6.2 is simplified to state "The City shall cause to be delivered to the County disposal system..." It does not specify what means the City shall use to accomplish this. County Commitment to Transfer Station Plan Section 6.1.g is amended to state "The County shall provide facilities and services pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste Transfer and Waste Management Plan cis adopted..." Long -Term Bonds Section 6.1.f includes "The County shall primarily use long term bonds to finance transfer system improvements." This recognizes that in the past these improvements have been partially funded by cash. This section also includes a commitment to develop, through discussions with MSWAC, financial policies. King County Solid Waste Division Page 5 of 5 December 21, 2012 133 134 Attachment D King County Department of Natural Resources and Parks Solid Waste Division December 28, 2012 TO: The Honorable Jim Haggerton, Mayor City of Tukwila RE: Request for Non - Binding Statement of Interest in signing an Amended and Restated Solid Waste Interlocal Agreement by January 31, 2013 We are requesting a non - binding statement from each City as to whether you are interested in signing the Amended and Restated Solid Waste Interlocal Agreement. To accomplish this, we are asking that a representative of the City complete the form below, indicating which option best reflects the City's position at this time, and email it to me by close of business January 31, 2013. Again, this is non - binding, but will assist the County in planning. Please respond by completing the information below: City of Tukwila Non - Binding Statement of Interest with Respect to Entering into the Amended and Restated Solid Waste Interlocal Agreement. It is likely that my City will sign the Amended and Restated Solid Waste Interlocal Agreement. ❑ It is not likely that my City will sign the Amended and Restated Solid Waste Interlocal Agreement. My Name/Title: Date: If you have any questions about the attached materials, please call or email me at 206 - 296 -4385 or pat.mclaughlin @kingcounty.gov. cc: David Cline, City Manager, City of Tukwila Frank Iriarte, Deputy Public Works Director, City of Tukwila Deanna Dawson, Executive Director, Suburban Cities Association Diane Carlson, Director of Regional Initiatives, King County Executive Office Christie True, Director, Department of Natural Resources & Parks (DNRP) Kevin Kiernan, Assistant Division Director, Solid Waste Division (SWD), DNRP Diane Yates, Intergovernmental Liaison, SWD, DNRP 135 Utilities Committee Minutes January 22, 2013 — Page 2 KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), has provided satisfactory work for the City in the past, and has designed the Annual Small Drainage Program since 1991. Specifically, KPG will determine which sections of the storm pipe require repair, estimate repair costs, suggest project phasing (if possible), and identify Washington Department of Fish and Wildlife regulations concerning repair. FORWARD TO FEBRUARY 4 REGULAR MEETING CONSENT AGENDA. E. Interlocal Agreement: Solid Waste Staff is seeking Council approval to enter into an amended and restated Solid Waste Interlocal Agreement (ILA) between 37 cities for the cooperative management of the King County Solid Waste System. The current ILA is a 40 -year agreement set to expire in 2028, and has required updating to reflect changes in policy, state and federal environmental statutes, and conditions of the solid waste system. The amended ILA extends an additional 12.5 years to December 2040 and includes the following major changes: • Additional 12.5 years allows for acquisition of long -term financing for capital improvements spreading the repayment period over a longer time period resulting in lower annual debt service payments and providing more certainty for the bond market • An updated liability sections that protects cities' and County's general funds from environmental liability • Comprehensive dispute resolution processes that include non - binding arbitration • Expands participating cities' role in system planning The amended and restated ILA is a result of collaborative negotiation efforts that took place over two years and included King County's Solid Waste Division (SWD) staff, county executive's office staff, and representatives from several participating cities and the Sound Cities Association (SCA). UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW FOR DISCUSSION. 136 III. MISCELLANEOUS Meeting adjourned at 5:49 p.m. Next meeting: Next meeting: Monday, February 4, 2013 — 5:00 p.m. — Conf. Room No. 1. Committee Chair Approval Minutes by KAM, Reviewed by GL. COUNCIL AGENDA SYNOPSIS Initials Meetin Date Pr 'tired b M. or's review 111"11111011 WIMINIMUM Council review 01/22/13 SB 01/28/13 SB Motion Date 1/28/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ITEM INFORMATION ITEM No. 4.D. & SPE 3 13/ STAFF SPONSOR: ORIGINAL AGENDA DATE: 1/ 22/13 AGENDA ITEM TITLE The position Council President would like the full Council to approve the Council Analyst description so that recruitment for the position can begin. 01/14/13 Motion Date 1/28/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion /1 Mtg Date Mtg ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIYW SPONSOR // Council SPONSOR'S The Council President would like the full Council to approve the Council Analyst position SUMMARY description so that the recruitment for this position can begin. 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. CO.MMIITEE Council President COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/22/13 Forward to Council Sub Committee MTG. DATE ATTACHMENTS 01/22/13 Proposed Initial Timeline, per Council President Hougardy, dated 1/07/13 Job Description for the Council Analyst Position. 01/28/13 Draft Job Description for Council Analyst Position in strike - through underline format Draft application statement for position of Council Analyst Draft Position Opening Announcement Classification Description for C42 Management Analyst Proposed timeline 13/ 138 COUNCIL ANALYST POSITION (revised 1/23/13) POSITION SUMMARY STATEMENT: Provides high level- confidential analyst, administrative, and secretarial functions in support of the Tukwila City Council; requires discretion at all times. ESSENTIAL JOB DESCRIPTION FUNCTION: 1. Works independently under the supervision of the Council President (at the direction of the full Council). Performance reviews will be managed by the Council President with input from the entire Council and City Administrator. Requires the ability to exercise individual initiative and discretion in confidential matters and makes decisions within broad guidelines. 2. Provides coordination -and staff support to various and takes minutes at council committees meetings, -as and special work sessions. Clerk (if required); takes and transcribes minutes. 3. Stays current on appropriate governmental processes, changes, and trends at the local, state, and federal levels. 4. Coordinates internal information flow on governmental internal with other local, state, and federal goverments; City issues, situations and conditions of interest to the City Council; Provides summaries to City Council in coordination with City Staff. May attend various meetings and /or information sessions for the City Council. 5. Understands and is sensitive to the City's overall political environment. 6. Coordinates the City's annual Council retreat agenda; prepares packets and talking points for Council, as directed. 7. Gathers and tracks information regarding legislative matters_ of interest to the Council; provides updates on the status; drafts talking points, position papers and /or letter for Council approval in support of Council's legislative 8. Develops systems and prepares documents that effectively track the City Council's adopted work program such that all Council members are aware of the status at all times. 9. Researches and prepares accurate reports using sound judgment, appropriate content, tone, and grammar. 1 139 10. Serves as a liaison between City Council, and Administration, staff boards, commissions, community groups, and the public; responds to requests for information and refers inquiries to the appropriate individual(s) and /or groups; Tracks information and requests that relate specifically to the Council.. Creates and maintains positive relationships. 11. Effectively communicates instructions and requests for information to City Administration and staff; follows through regarding results achieved, as appropriate. 12. Coordinates special projects and programs; provides assistance and administration as assigned. 13. Prepares "issues and options" papers on general governmental and /or community topics of interest and /or concerns, as directed. 14. May draft resolutions, proclamations, and agenda bills for Council approval. 15. Arranges a variety of internal and external meetings and work sessions for Council, in accordance with Council needs and direction. (Exclusive of those established by ordinance and /or state law, i.e. Regular, COW, and Special Council meetings.) 16. Prepares and maintains a monthly electronic calendar of Council, Board, Committee meetings, and events of general interest to all Council members. Notifies Council of activities and schedule changes, as necessary. 17. Accurately applies City policies, practices, and procedures. 18. Creates and implements practices, procedures, and systems within the position that are specifically designed to enhance and support the City Council functions. 19. Coordinates and provides management support to Council members that comply with the City's established records retention program and systems. 20. Proficient in the use of computer systems and programs; remains current with "modern technology" changes as they apply to the position; effectively utilizes standard Computer software packages, i.e. Microsoft Office, Outlook, - .. • - etc.; 60 WPM keyboarding. 21. Proficient in generally recognized professional level office support functions i.e. making travel arrangements, maintaining calendars and appointment schedules; screening calls, visitors, and mail; facilitating the logistics and set -up of informal meetings of the Council; effectively maintaining files and records, including confidential files; processing a wide variety of 2 140 documents, including personnel and financial related paperwork necessary to conduct Council business (i.e. Council budget, expense forms, purchase orders, training requests, etc.) as part of the City's effort to be responsive to inquiries, assists other staff at the front counter and answers phones when the need arises during staff absences. 22. Communicates effectively both verbally and in writing; understands the audience being addressed; maintains proper decorum for the specific circumstance. 23. Works evenings and /or weekends, as needed. Travel out of the City may be required. Approved by Council consensus 3 141 142 Application Packet for the Position of Council Analyst The Council Analyst reports to the Tukwila City Council President and works with the members of the City's Administrative staff to provide services and support for all Council activities, to ensure business continuity ` �, pliance with City, State, and Federal laws, regulations, standards, best . es and other City Council requirements are met. The incumbent will be expected to work .. independ=''' .... and as part of a team, creating long term, beneficial internal : xtemal relation . as it relates to the City Council. The Council Analyst's ab to c. sistently e high - quality decisions and demonstrate exce ent 'ud me to success carrying out the mission of the Tukwila Cit 143 144 CITY OF TUKWILA 6200 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 433 -1831 Job Line: (206) 433 -1828 Visit http. / /www.tukwilawa.gov for additional employment information POSITION OPENING POSITION COUNCIL ANALYST TUKWILA CITY COUNCIL JOB NO. 13 -# SALARY $6354 - $7630 Per Month /DOQ Non - represented Position. Excellent Benefi OPENING DATE CLOSING DATE GENERAL PURPOSE MINIMUM QUALIFICATIONS Must be able to work flexible scheduled evenings and som XXXday, January #, 2013 An original City of Tukwi. must be received no later Resources Office. Post mar s and hours, inclu kends. gularly loyment applic 0 p.m. XXXday ons are not nd supplemental skills sheet 2013, in the Human ed. Provides high -level confident aria support of t ila City Co' Educa fiel an. ex perform t ur year ce w ience: Bac of related exp ch provides require ive, and secretarial functions in etion at all times. or's degree in Public Administration or a related c or an equivalent combination of education owledge, skills and abilities sufficient to :•e of: Princ . ' practi method , -port w organizati and pre job. General municipal operations, finance and structure; (B) oc ;dures and theories related to the field; (C) Research group and meeting facilitation techniques, and the tation of oral reports; (D) Federal, state, and local laws, policies an grammar an SPECIAL REQUIREMENTS •lls: (A) ware• gulatiois pertaining to assigned programs; (E) English usage, spelling, punctuation; (F) Project monitoring techniques. perating personal computers and utilizing computer applications and B) Making and implementing sound decisions and exercising judgment g complex problems; (C) Developing and implementing programs, policies, ans procedures to achieve specific goals and objectives; (D) Working effectively on everal projects concurrently; (E) Establishing and maintaining effective working relationships with City officials, City employees, and the general public; F) Communicating effectively, both orally and in writing. Valid Washington State Driver's License. Must be bondable. DESIRABLE QUALIFICATIONS Proficient in Microsoft Office software; calendaring for multiple people; and keyboarding at 60 wpm or above. 145 ESSENTIAL FUNCTIONS Works independently under the supervision of the Council President (at the direction of the full Council). Performance reviews will be managed by the Council President with input from the entire Council and City Administrator. Requires the ability to exercise individual initiative and discretion in confidential matters and makes decisions within broad guidelines. Provides coordination and staff support to various council committees as assigned, including preparation and distribution of agendas and informational packets; assures proper legal notification has been made to the City Clerk (if required); takes and transcribes m'` #es. Coordinates information flow on internal City issues, situations Council; Provides summaries to City Council in coordinatio meetings and /or information sessions for the City Counc conditions of interest to the City ty Staff. May attend various Coordinates the City's annual Council retreat ag _ , `'pares pac Council, as directed. Travel outside of the City n,�•e required. Develops systems and prepares documents that J: ely t •`` the City Coun program such that all Council members are aware o g °`- at all times. d talking points for Serves as a liaison between City Co groups, and the public; responds to F individual(s) and /or groups. Creates adopted work and Administrati: ' "'" ,ff boards, commissions, community or information inquiries to the appropriate s positive rel.'� � ips. Effectively communic follows through re Arranges a v with Coun ' ri Regular, COW, an nstructions a sults achieve appropriate of intern d direr and external on. (Exclusive eetings.) ion to City Administration and staff; tings and work sessions for Council, in accordance se established by ordinance and /or state law, i.e. ntains` a vents of gen ; nterest changes, as neces P thly electronic calendar of Council, Board, Committee meetings, and Council members. Notifies Council of activities and schedule ccurately applies C desi and impleme o enhanc- policies, practices, and procedures. is practices, procedures, and systems within the position that are specifically nd support the City Council functions. Coordina • provides management support to Council members that comply with the City's establishes cords retention program and systems. Proficient in generally recognized professional level office support functions i.e. making travel arrangements, maintaining calendars and appointment schedules; screening calls, visitors, and mail; facilitating the logistics and set -up of informal meetings of the Council; effectively maintaining files and records, including confidential files; processing a wide variety of documents, including personnel and financial related paperwork necessary to conduct Council business. Maintains reasonable, predictable and regular attendance during the scheduled work hours. 146 SELECTION GUIDELINES May include: formal application; review of education and experience; oral interview; testing; reference check; final selection. 147 148 CITY OF TUKWILA CLASSIFICATION DESCRIPTION BAND GRADE SUBGRADE. C 4 2 This position is not responsible for work performed by another banded at the same level. FLSA DATE UPDATED APPROVAL Exempt January 233, 2013 Develops, implements, coordinates, and manages various programs and activities as assigned and performs a variety of confidential administrative work. CLASSIFICATION TITLE Management Analyst JOB TITLES Project Analyst Human Resources Analyst Le ti Council Analyst Parks and Recreation Analyst Public Works Analyst CLASSIFICATION TITLE OF IMMEDIATE SUPERVISOR City Administrator Council President Department Head CLASSIFICATION SUMMARY Under the direction of an immediate supervisor identified above, _performs a variety of administrative and managerial work. TASK NO. ESSENTIAL DUTIES FREQUENCY BAND / GRADE 1. Develops, implements, coordinates, and manages various programs and activities as assigned and performs a variety of confidential administrative work. Daily 25% C4 2. Facilitates effective communications and information exchanges, to include conducting oral and written briefings on issues and developments affecting assigned areas. Daily 25% C4 3. Conducts technical research and management analysis and prepares detailed reports and recommendations on issues concerning the functions and operations of assigned Daily 15% C4 C -4 -2 (Management Analyst) Classification Description 1 Page 1 149 MINIMUM QUALIFICATIONS Bachelor's degree in Public Administration or a related field and four years of related experience or an equivalent combination of education and experience to provide sufficient evidence of the successful performance of the essential elements of the job such as those listed above. A valid State of Washington driver's license is also required. KNOWLEDGE: Knowledge of: • General municipal operations, finance and structure; • Principles, practices, procedures and theories related to the field; • Research methods, report writing, group and meeting facilitation techniques, and the organization and presentation of oral reports; • Federal, state and local laws; policies and regulations pertaining to assigned programs; • English usage, spelling, grammar and punctuation; • Budgeting principles and processes; and • Project monitoring techniques. SKILLS Demonstrated skill in • Operating personal computers and utilizing computer applications and software; • Making and implementing sound decisions and exercising judgment in solving complex problems; • Developing and implementing programs, policies, and/or procedures to achieve specific goals and objectives; C -4 -2 (Management Analyst) Classification Description 1 Page 2 150 programs and various confidential issues. TASK NO. ESSENTIAL DUTIES FREQUENCY BAND/ GRADE 4. Recommends, develops, and writes policies and procedures for assigned programs. Weekly 15% C4 5. Develops and recommends short and long range plans, goals and budgets to carry out the programs assigned. Quarterly 10% C4 6. Responds to inquiries on program policy and procedural matters as appropriate. Daily 5% C4 7. Researches current and new developments affecting assigned programs, evaluates potential impact, coordinates compliance, and develops written policies as necessary. Weekly 5% C4 MINIMUM QUALIFICATIONS Bachelor's degree in Public Administration or a related field and four years of related experience or an equivalent combination of education and experience to provide sufficient evidence of the successful performance of the essential elements of the job such as those listed above. A valid State of Washington driver's license is also required. KNOWLEDGE: Knowledge of: • General municipal operations, finance and structure; • Principles, practices, procedures and theories related to the field; • Research methods, report writing, group and meeting facilitation techniques, and the organization and presentation of oral reports; • Federal, state and local laws; policies and regulations pertaining to assigned programs; • English usage, spelling, grammar and punctuation; • Budgeting principles and processes; and • Project monitoring techniques. SKILLS Demonstrated skill in • Operating personal computers and utilizing computer applications and software; • Making and implementing sound decisions and exercising judgment in solving complex problems; • Developing and implementing programs, policies, and/or procedures to achieve specific goals and objectives; C -4 -2 (Management Analyst) Classification Description 1 Page 2 150 • Working effectively on several projects concurrently; • Establishing and maintaining effective working relationships with City officials, City employees, and the general public; and • Communicating effectively, both orally and in writing. PHYSICAL ACTIVITY/REQUIREMENTS: To perform the essential functions of the class, incumbents must be able to perform the physical activities listed on the Physical Checklist. C -4 -2 (Management Analyst) Classification Description 1 Page 3 151 152 Council Analyst Position - Proposed Initial Timeline As of January 7, 2013 Process: 1. Review and Finalize Job Description 2. Post Job Description 3. Review Applicants 4. Interview Applicants, select finalists 5. Interview final applicants, select finalist 6. Make and Negotiate Final Offer Proposed Dates Jan 7 — Council Regular Meeting Discuss the timeline, confirm subcommittee members Jan 14 - Council COW Review & identify the needs and priorities to incorporate in to the position description Adjust timeline as necessary Jan 16 — Subcommittee & Staff, 1 pm, proposed time Job description review, finalize Jan 22 (Tues) — Council Regular Mtg Approval of job description, post job opening on Wednesday Jan 23 Jan 28 — Council COW Feb 4 — Council Regular Meeting Feb 11— Council COW Job posting closes on Friday, Feb. 15th Feb 19 (Tues) — Council Regular Meeting Feb 20 — Subcommittee & Staff, 1 pm, proposed time Application review & selection of finalists Feb 22 — 24 — Council retreat Further discussion as needed regarding process 153 Feb 25 — Council COW Week of Feb 25 Schedule preliminary interviews March 4 — Council Regular Meeting Week of March 4 — Subcommittee & Staff Preliminary interviews; Selection of finalists March 11— Council COW Week of March 11— Final interviews March 18 — Council Regular Meeting Week of March 18 — Make and negotiate final offer Other Dates: March 25 — COW April 1— Reg April 8 — COW April 15 — Reg April 22 — COW Note: This schedule is subject to revision as is necessary 154 Upcoming Meetings & Events January /February 2013 28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday) ➢ Community Affairs & Parks Crate, 5:15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers). C.O.W. to be immediately followed by a Special Meeting. D Transportation Crate, 5:00 PM (CR #1) 4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) > Civil Service D Chamber of Commerce Gov't. & Community Affairs Crate, 12:00 NOON (Chamber Office) D Finance & Safety Crate, 5:30 PM #3) So. Arts Commission, 5:30 PM (Community Center) ➢ Equity & Diversity Commission, 5:15 PM (CR #3) Restore the Duwamish Shoreline Challenge 1:00 — 4:00 PM Meet at the Green River Trail @ BECU Campus (12770 Gateway Drive) Join community members and local businesses to help p remove invasive blackberry and plant native vegetation. For background information or to register visit: forterra.org/events Council Coffee Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) Commission, (Rescheduled for February 11) ➢ Utilities Crate, 5:00 PM (CR #1) ➢ Cit Council Y Regular Mtg., 7:00 PM (Council Chambers) > 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. > 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 (A) A Memorandum of Understanding (MOU) for joint Human Services application and funding program. (B) An ordinance regarding the Nuisance Code. (C) A proposed Development Agreement for 223 Andover Park East. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 - 7175). > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Tr•antina 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 (A) Thor•ndyke Safe Routes to School — Acceptance of WSDOT Grant. (B) Turnover ofInfrastructure and Dedication of Right — of Way — Claim Jumper Restaurant. (C) Chair Kr uller•'s Transportation Committee Goals — 2013. > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Br•odin 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 #1 155 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. January 7 14 22 (Tuesday) 28 See agenda packet cover sheet for this week's agenda (January 28, 2012 Committee of the Whole Meeting). February 4 Special Presentation: 11 Special Issues: 19 (Tuesday) 25 Public Hearing: Swearing in of 5 entry level Police Officers: Darryl Barnes, Nathan Betts, John Hernandez, Michael Schlotterbeck, Joseph Zaehler. Appointments: A briefing on Countywide Planning Policies. Comprehensive Plan Update Proces. Planning Commission Appointment. Unfinished Business: An ordinance regarding the Leak Adjustment Policy. A contract with BERK Consulting. Interlocal Agreement for Solid Waste. An ordinance vacating portions of South 178th Street right -of -way. 156