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HomeMy WebLinkAboutCOW 2004-02-23 COMPLETE AGENDA PACKETTukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: Pam Carter Joe Duffie Rhonda Berry, Acting City Administrator Dave Fenton Joan Hernandez Jim Haggerton, Council President Pamela Linder Dennis Robertson Monday, February 23, 2004, 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included on COMMENT this agenda. To comment on an item listed on this agenda, please save CORRESPONDENCE your comments until the issue is presented for discussion. 3. SPECIAL a. An ordinance providing a waiver to the residency requirement for the ISSUES position of City Administrator. b. A 2004 contract with the Southwest King County Chamber of Commerce. c. Tukwila City Council travel policy. d. Proposed amendments to the ACC (Airport Communities Coalition) interlocal agreement. e. Annual amendments process briefing including annual amendments and GMA (Growth Management Act) technical update, including work plan/public participation process and resolution. f. An amendment to Contract No. 03 -069 with ECONorthwest for a more detailed scope of work on the TUC /TOD. g. A contract with Charles River Associates for technical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail System. h. A memorandum of understanding between the City of Tukwila and WSDOT for the 1 -405 Congestion Relief and Bus Rapid Transit Projects. i. A resolution changing the street name of Saxon Drive to Costco Drive. j. An ordinance adopting the 2004 edition of WSDOT /APWA Standard Specifications. k. Use of federal funds for right -of -way acquisition. 1. A bid award for the Tukwila Community Center rotunda gutter replacement project. 4. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. 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/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities Tukwila Council meetings are audio taped. J COUNCIL AGENDA SYNOPSIS Initials MeetInz Date 1 Prepared by I Mavor's revlewl Council review) 1 1 1 1 ITEM NO. CAS Number: 04-022 I Original Agenda Date: 2/23/04 Agenda Item Title: An ordinance providing for a waiver to the residency requirement for the position of Administrator. I Original Sponsor: Council Admin. ic I Timeline: Adopt at'3/1/04 Reg. Mtg. Sponsor's Summary: During recruitment last year one of the biggest hurdles was the requiast.,c..t that the successful candidate reside within the Tukwila city limits. The .proposed 'ordinance would allow more flexibility in the residency requirement allowing this requirement be waived with the recommendation of the Mayor and a majority vote= of'the ;Council Recommendations: Sponsor: Forward to Regular Mtg for adoption. Committee: Forward to COW for crnciReration_ Administration: sane as sobnsor I Cost Impact (if known): N/A I Fund Source (if known): Meeting Date 2/23/04:' Meeting.Date 2/24/04 MAPS s'Ak7a71 Attachments Staff report from 9419 F &S cmte mtg. Draft ordinance F &S minutes dated .2/17/04 Action TO: City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM Finance and Safety Committee Dave Fenton, Chairperson Joan Hemandez Dennis Robertson FROM: Viki Jessop, Administrative Services Directo DATE: February 12, 2004 RE: City Administrator Amendment to Ordinance No. 1295 Cc: Mayor Mullet The City of Tukwila conducted two recruitment processes last year for the City Administrator position. One of the biggest hurdles that were faced in the process was the requirement that the candidate(s) live within the Tukwila City limits. In order to provide more flexibility regarding residency requirements, it is suggested that the existing Ordinance No. 1295 be amended. A draft amendment to the ordinance is attached for your review. It includes language providing a waiver of the residency requirement upon the recommendation of the Mayor and approval of Council. In addition, there is a minor change, which references wages as adopted in the annual budget. I will be available at your meeting if you should have any questions. Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us D R A F T AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1295 AS CODIFIED AT TMC 2.26.30, PROVIDING FOR A WAIVER TO THE RESIDENCY REQUIREMENT FOR THE POSITION OF CITY ADMINISTRATOR; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1295, adopted in 1983, created the position of City Administrator and contained a residency requirement; and WHEREAS, it appears to be in the best interest of the City to waive the residency requirement in order to assist in the recruitment of applicants for the position of City Administrator; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: Ordinance No. 1295 as codified in Section 2.26.030 of the Tukwila Municipal Code is hereby amended to read as follows: 2.26.030 Prerequisites to Employment The City Administrator shall be required to sign a contract with the City which covers detailed terms of employment, including as a prerequisite to employment by the City, to agree to reside in the City during his /her term as City Administrator. This residency reauirement may be waived with the recommendation of the Mayor and ma iority vote of the Council, Section 2: Ordinance No. 1295 as codified in Section 2.26.040 of the Tukwila Municipal Code is hereby amended to read as follows: 2.26.040 Budget The budget for the position of City Administrator shall be provided for in-the 4984 badge-t; at the rate set forth in the annual budget adopted by the City Council. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Steven M. Mullet, Mayor Finance and Safety Committee February 17, 2004 DRAFT Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Jim Morrow, Frank Iriarte, Viki Jessop, Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. Council Chamber UnQrades This issue had been to the COW with a request to pare down the costs, which the engineer's estimate had pegged at $664,000 initially. There was some confusion about what a basic package would cost, and the item was referred back to committee. There were sketches of how some new equipment would be placed in the room. The new cost of all improvements would be $503,000. The Committee talked about implementing only parts of the plan, or the whole plan. Dennis argued for putting in the bare necessities of the sound system, which staff emphasized as necessary for various upcoming hearings and cases that will need to be transcribed if the system is not improved. Joan said she also wanted to upgrade the audience seating and carpet, and to improve the look of the whole room, which she said gives a poor impression to visitors. To improve the ability to plug in power point computers would move the project more toward doing everything, since once electronics work is started, everything must be torn out and it makes sense to replace things then. Labor and materials costs are mixed together in part of the proposal, and there is a 25% increase for all the labor since it must be done outside of normal work hours. There was also discussion about biting the bullet and upgrading the Chamber once and for all, as no major upgrades have been done since it was built thirty years ago. Putting band -aid replacements in as things fall apart could save money now only to cost more later. Both sides of doing little now or doing everything now were touched on, with no final consensus from the Committee. Refer issue to COW. 2. City Administrator Position Viki had drafted an ordinance covering the issue of the city administrator needing to live in the city. A provision was added for the Mayor and Council to be able to waive this condition if they agreed to do so. The Committee supported the ordinance. Recommend ordinance to COW. 3. SWKC Chamber Contract Alan said the 2004 contract was similar to last year's contract, with the same service levels. Joan ensured that Chamber representation on Equity and Diversity was spelled out. The Committee questioned Service B, which had wording about the Chamber having information about "City projects, facility, issues and services Alan will check with the Chamber on that, and instead will perhaps reference the Government Affairs Committee of the Chamber. Recommend Contract to COW. "4. Council Travel Policy With the Council's travel budget having been cut in 2004, the Committee considered ways to deal with it. They agreed there should be justification for all travel, which explains the proposed benefit the Council member will receive from travel. Joan proposed what some other cities have done, which is to divide the travel budget among all the Council members. If each member got a certain amount of money, she/he could plan to use that funding for a trip. If no more money were available, it could be donated from another member's "pot" of money if one person did not intend to use it. However, this system would allow each Council member to travel if he /she wanted to do so. Refer to COW. Committee chair approval Meeting Date I 2/23/04 CAS Number: 04-023 1 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): COUNCIL AGENDA SYNOPSIS 1 Meeting Date I 2/23/04 mil/ Q Initials Prepared by I Mayor's review I Council review I ARD 1,� Original Agenda Date: 2/23/04 rr r%. Contract for Services with the Southwest King County (SWKC) Chamber for 2004 Council Admin. X Approve at Regular Meeting Annual Contract with SWKC Chamber is essentially the same as the 2003 Contract. Approve as submitted Finance Safety meeting on February 17, 2004 Move forward Same as sponsor $20,000 Hotel/Motel Tax Fund —101 budget Action ITEM NO. 3, AOSENtilagr Medan Date 1 Attachments 2/23/04 I Proposed Contract and attachment (and Contract 03 -1011 2/23/04 Finance Safety Committee minutes from February 17, 2004 CONTRACT FOR SERVICES Contract No. This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Southwest King County Chamber of Commerce, hereinafter referred to as "the Contractor," whose principal office is located at 16400 Southcenter Parkway, Suite 210, Tukwila, Washington 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services, and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered by quarterly billing of $5,000 each during the calendar year 2004. The total amount to be paid shall not exceed $20,000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2004 and ending December 31, 2004, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keening and Reporting A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. below. BY: 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line 15. Annlicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 2004. CITY OF TUKWILA CONTRACTOR: Southwest King County Chamber of Commerce BY: Mayor, Steven M. Mullet Title: General Manager Printed Name. Nancy Damon Al 1EST /AUTHENTICATED: ADDRESS: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney EXHIBIT A Southwest King County Chamber of Commerce /City of Tukwila 2004 Scope of Services Standard Services Service A: At the City's request or on Chamber initiative, assist the City with coordinating and promoting projects and events designed to enhance economic development. The Chamber will participate as a committee member; provide research materials from other economic development agencies; and assist with staffing as requested. Service B: The Chamber will serve as an information center, responding to inquiries received locally and from around the world with regard to demographic information, and other issues to be dealt with by the Government Affairs Committee. All inquiries will be tracked by type and origin; fulfillment will be within ten working days. Inquiries regarding locating a business will be immediately forwarded to the Mayor's office at Tukwila. Service C: The Chamber will serve as an information center, track and forward all visitor information inquiries received locally and from around the world with regard to visitor information packet requests, general tourism inquiries, hosting a meeting or special event, group travel leads, hotel reservations, tour groups, etc. to Seattle Southside Visitor Services. Chamber will work with Seattle Southside Visitor Services to develop mutually agreed upon procedures for handling referrals. Service D: At the City's request or on Chamber initiative, assist the City in coordinating and promoting projects and events designed to enhance support and enthusiasm and foster a spirit of community within the City (such as a city -wide clean -up effort; encourage businesses to keep their properties clean and litter free). The Chamber will participate as a member of the Equity and Diversity Commission. Service E: Upon the City's request, the Chamber will assist in development, distribution, and display of publications and promotional pieces, community profiles, maps and other items. Service F: The Chamber will establish an Internet link between the City and Chamber web pages to better serve relocation prospects and businesses. Service G: Advise and assist members of Tukwila's Domestic Violence Committee and support and coordinate with the City to promote ending domestic violence for the City of Tukwila. Service H: The Chamber will serve as liaison between the City and the business community with regard to issues such as the implementation of growth management requirements, the Regional Transit Project, the Commute Trip Reduction Law, Six -year Parks and Open Space Plan, and other major issues affecting business. Service I: The Chamber will assist the City with promotion and maintenance of the Highway 99 Action Committee. Service J: Until directed otherwise by the City, the Chamber will continue to strive to build partnerships, between the residents, the businesses, the City, and local school districts. Service K: The'Chamber will act as a sounding board and information source for issues associated with economic vitality, development, and other matters related to the City's economic development policies. accordance with RCW Chapter 40.14 and by the City. Contauct No. A3-- /61 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and the Southwest King County Chamber of Commerce, hereinafter referred to as "the Contractor," whose principal office is located at 16400 Southcenter Parkway, Suite #210, Tukwila, Washington 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the personnel or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Comnensation and Method of Payment. The City shall pay the Contractor for services rendered by quarterly billing of $5,000 each during the calendar year 2003. The total amount to be paid shall not exceed $20,000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2003 and ending December 31, 2003, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor, Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keening and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in O R G GALS XC: C1: Fl L jumpeacalist. 8. Audits ana Insuections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assienment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12, Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Annlicable Law; Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. CITY OF TUKWILA c DATED this 4 7 day of nefu, 2003. Jl�i`t'ty tN�t's• ��i1�CC'�'� Mayor, Steven M. Mullet ATTEST /AUTHENTICATED: .u.e— 6, 71 -'.ter dar} E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: VZ i. CONTRACTOR: Southwest King County Chamber of Commerce BY: :7 .s,. Title: General Maga Printed Name: Nancy Damon ADDRESS: ■ri1P, I ca//; 1 '4a) IA -*/11/ Finance and Safety Committee February 17, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Jim Morrow, Frank Iriarte, Viki Jessop, Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. Council Chamber U parades This issue had been to the COW with a request to pare down the costs, which the engineer's estimate had pegged at $664,000 initially. There was some confusion about what a basic package would cost, and the item was referred back to conunittee. There were sketches of how some new equipment would be placed in the room. The new cost of all improvements would be $503,000. The Committee talked about implementing only parts of the plan, or the whole plan. Dennis argued for putting in the bare necessities of the sound system, which staff emphasized as necessary for various upcoming hearings and cases that will need to be transcribed if the system is not improved. Joan said she also wanted to upgrade the audience seating and carpet, and to improve the look of the whole room, which she said gives a poor impression to visitors. To improve the ability to plug in power point computers would move the project more toward doing everything, since once electronics work is started, everything must be torn out and it makes sense to replace things then. Labor and materials costs are mixed together in part of the proposal, and there is a 25% increase for all the labor since it must be done outside of normal work hours. There was also discussion about biting the bullet and upgrading the Chamber once and for all, as no major upgrades have been done since it was built thirty years ago Putting band -aid replacements in as things fall apart could save money now only to cost more later. Both sides of doing little now or doing everything now were touched on, with no final consensus from the Committee. Refer issue to COW. 2. City Administrator Position Viki had drafted an ordinance covering the issue of the city administrator needing to live in the city. A provision was added for the Mayor and Council to be able to waive this condition if they agreed to do so. The Committee supported the ordinance. Recommend ordinance to COW. 3. SWKC Chamber Contract Alan said the 2004 contract was similar to last year's contract, with the same service levels. Joan ensured that Chamber representation on Equity and Diversity was spelled out. The Committee questioned Service B, which had wording about the Chamber having information about "City projects, facility, issues and services Alan will check with the Chamber on that, and instead will perhaps reference the Government Affairs Committee of the Chamber. Recommend Contract to COW. 14. Council Travel Policy With the Council's travel budget having been cut in 2004, the Committee considered ways to deal with it. They agreed there should be justification for all travel, which explains the proposed benefit the Council member will receive from travel. Joan proposed what some other cities have done, which is to divide the travel budget among all the Council members. If each member got a certain amount of money, she/he could plan to use that funding for a trip. If no more money were available, it could be donated from another member's "pot" of money if one person did not intend to use it. However, this system would all 4ach Council member to travel if he /she wanted to do so. Refer to COW. Committee chair approval COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 2/23/04 LL Original Sponsor: Council x Admin. Timeline: Sponsor's Summary: Initials 1 Mayor's review, Council review I I). &P I L-W I I I f I I I I I I ITEM INFORMATION CAS Number: 04-024 I Original Agenda Date: 2/23/04 Agenda Item Title: Discussion of Council Travel Policy Option When the Finance and Safety Committee talked about how to manage the decreased Council travel budget, they suggested giving each Council member a budget for national travel. You can discuss that option. Recommendations: Sponsor: Discuss travel policy option Committee: Finance and Safety recommended discussion of issue Administration: Same as sponsor Cost Impact (if None known): Fund Source (if known) Meeting Date 2/23/04 Meeting Date 2/23/04 2/23/04 2/23/04 2/23/04 RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from L Lauterbach 2/19/04 Table of 2004 Council Travel Attachment C Draft changes to Council Travel Policy Finance and Safety Committee minutes (2/17/04) ITEM No. 3 c To: City Council From: Lucy Lauterbach Date: February 19, 2004 Subject: City Council Travel Policy Plans for travel this year have already been made, and if everyone is careful, we will stay within our reduced travel budget of $17,000. Some of the past, current and future travel possibilities are shown on a table on the following page. Other cities have used a method of ensuring equal opportunities for travel for all Council members. The Finance and Safety Committee discussed one such plan, and recommended it for discussion by the full Council The new proposal which could be implemented for the 2005 budget, would allot each Council member a certain budget for travel. That budget could be used for travel to a local, state, or national conference or training. Once that personal travel budget is used, travel would be curtailed unless another Council member chose not to use his or her budget allotment. In that case, money could go back into a central travel fund. The funds then could be requested to be used by another Council member. Criteria for accessing the central travel fund would need to be written. This proposal could lead to members attending fewer conferences, and choosing which would be the most important. It would give each Council member equal access to travel, whether or not they were on a national committee. Being unable to attend conferences where a national steering or policy board meeting a Council member was on, could hamper participation in that area. The importance of maintaining a presence on national committees could be a factor in supporting this change or not. The proposed change would be a major change to the way travel is now planned. Currently members on national committees are given permission to travel as needed to represent themselves at national meetings. Others who want to travel are generally allowed to do so, as long as the budget allows. If this change were instituted, travel would not be so automatic or as often. Discussion of whether this change would be beneficial or not can include whether the Council chooses to include using justification forms for travel. These forms could be simple, and include why the travel was requested and what benefit the city would receive. 1 Event AWC Olympia Conference Council retreat New Council Training 2/5 Note: AWC pays for Pam Carter's AWC though she pays registration after June, 2004 they'll pay for her NLC travel. That has been calculated for these tables. Projected costs: NLC Congressional City D.C. NLC City Families 4/28 -5/1 Portland, OR AWC Conference Ocean Shores NLC Leadership Conference Charleston, SC NLC Winter Conf Indianapolis 1 Meals, parking, etc 1 Date 1 Attendees 1/27 -1/28 Carter Haggerton, Robertson, Mullet, Lauterbach 1/31 All Council Lucy Robertson Duffie Carter, 3/5 -10 Haggerton, Fenton Any? 6/14 -18 3 Council Lucy? 9/ 23 -25 1 Council 11/30- 1 -2 Council? 12/4 1 2004 1 all 1 Housing, meals 1 Total cost hotel $300 registrations $380 $730 meals $50 hotel 500 dinner 220 registration $85 $720 $85 registration $1,600 airfare $1,200 hotel $3,445 meals $500 $6,965 car travel $220 registr/hotel/travel approx. $900each registration $960 motel $1,250 registration $525 airfare $400? hotel $500? Approx. $1 -2,500 Approx 4,000 I 1 $14, 635 w/o meals parking ATTACHMENT C Council Travel Guidelines 1. Statement of Policy The Tukwila City Council encourages Council members to be actively involved in city, county, state, regional, and national organizations that affect Tukwila, its residents, and its businesses. II. Decisions About Travel It is the responsibility of the entire Council to approve travel by its members. III. Purposes for Travel A. Education B. Lobbying C. Professional responsibility, e.g., policy boards, offices, and committees D. Public relations, i.e., representing the City E. Fostering better relations with local, state, federal and sister city officials IV. Travel Budgets A. Budgets for Council travel will be set in the fall prior to the year the travel is to occur. B. Estimates of who shall travel in the next year will be made at budget time the preceding year in order to set an adequate budget, which shall serve as a guide in allocating travel for the following year. C. The Council will consider the City's financial situation in setting their annual travel budget. V. Out of State Travel A. National 1. Beginning each new budget year. after funds for local meetings and meals are subtracted. each Council member will be allotted funds for travel to state and national conferences. Any member who does not use his or her funds can donate them to a central travel fund which can then be accessed by members needing additional travel funds. a. If no funds are remainina. travel plans must be cancelled or otherwise accommodated. b. Criteria for usina the central travel fund will be by awarding 10 points each for 11 not having traveled recently 21servina on a national committee 31 attending trainina directly beneficial to the Council's work that year. m f that v ..r' budge# 2. If budaets allow. the goal shall be to send two council members to each NLC Conference. This number does not include any member who is attending an NLC Steering or Policy committee meeting. If more than two members wish to attend a national conference, the City Council can approve additional travel by a motion at a Regular Council Meeting. 3. Travel for a Council member on a national board or committee that requires that Council member's attendance and will not count in the number of council members traveling to a conference. 4. When more than two council members are interested in attending an NLC conference, priority is given to the member(s) who has not attended a national conference for the longest period. 5. After returning from a national conference, attendees will issue a report to share the information and perspectives with the entire Council. If more than one Council member attends, a consolidated report may be given. B. Sister City Travel 1. Travel to a sister city will be planned in the budget for the year in which the travel will take place. 2. Travel to a sister city will not preclude travel to a national conference. 3. The City will pay for basic travel on a sister city trip, including the transportation, lodging, and meals included in the basic price for the trip. All other expenses will be borne by the City Council member. VI. In -State Travel A. City Council travel to state conferences will generally be allowed for all Council members whose travel budaets can accommodate such travel. B. In the event the travel budget does not allow as many to travel as would like to go, those who have not attended conferences recently shall have first preference. C. Travel to state conferences will not affect opportunities for a Council member to travel to national conferences. VII. Travel Expenses The City will pay for airfare, registration, hotel, and meals when a Council member is on official travel. B. When a spouse or non -City person accompanies the Council member on travel, his /her expenses will be separately paid in full by that person, and the City will not assume any extra costs for that companion. C. A record of expenses for lodging, meals, transportation, and incidental expenses should be kept on a daily basis, with receipts attached to the record. An itemized bill should be kept for meals, especially when several persons' costs are included. D. A detailed bill or other itemization of the cost should accompany a city credit card receipt for costs. The credit card should not be used for any non -city expenses, such as spouse meals or lodging. VIII. Travel Arrangements A. City Council travel should be processed through the Legislative Analyst, who will coordinate with the entire Council. The Legislative Analyst can make arrangements for travel, if desired, and copies will be given to the member who will travel. B. Efforts will be made to secure the best cost for airline travel and lodgings in the designated travel city by planning ahead, and by taking advantage of any discounts available. C. Council members can get travel advancements by completing the required forms in a timely manner. IX. Miscellaneous A. When a City vehicle is available, it should be used for intra -state travel. B. If a Council member uses his or her personal vehicle, mileage will be reimbursed according to Internal Revenue Service rules. t Finance and Safety Committee February 17, 2004 DRAFT Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Jim Morrow, Frank Iriarte, Viki Jessop, Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. Council Chamber Uoerades This issue had been to the COW with a request to pare down the costs, which the engineer's estimate had pegged at $664,000 initially. There was some confusion about what a basic package would cost, and the item was referred back to committee. There were sketches of how some new equipment would be placed in the room. The new cost of all improvements would be $503,000. The Committee talked about implementing only parts of the plan, or the whole plan. Dennis argued for putting in the bare necessities of the sound system, which staff emphasized as necessary for various upcoming hearings and cases that will need to be transcribed if the system is not improved. Joan said she also wanted to upgrade the audience seating and carpet, and to improve the look of the whole room, which she said gives a poor impression to visitors. To improve the ability to plug in power point computers would move the project more toward doing everything, since once electronics work is started, everything must be torn out and it makes sense to replace things then. Labor and materials costs are mixed together in part of the proposal, and there is a 25% increase for all the labor since it must be done outside of normal work hours. There was also discussion about biting the bullet and upgrading the Chamber once and for all, as no major upgrades have been done since it was built thirty years ago. Putting band -aid replacements in as things fall apart could save money now only to cost more later. Both sides of doing little now or doing everything now were touched on, with no final consensus from the Committee. Refer issue to COW. 2. Citv Administrator Position Viki had drafted an ordinance covering the issue of the city administrator needing to live in the city. A provision was added for the Mayor and Council to be able to waive this condition if they agreed to do so. The Committee supported the ordinance. Recommend ordinance to COW. 3. SWKC Chamber Contract Alan said the 2004 contract was similar to last year's contract, with the same service levels. Joan ensured that Chamber representation on Equity and Diversity was spelled out. The Committee questioned Service B, which had wording about the Chamber having information about "City projects, facility, issues and services Alan will check with the Chamber on that, and instead will perhaps reference the Government Affairs Committee of the Chamber. Recommend Contract to COW. 4. Council Travel Policy With the Council's travel budget having been cut in 2004, the Committee considered ways to deal with it. They agreed there should be justification for all travel, which explains the proposed benefit the Council member will receive from travel. Joan proposed what some other cities have done, which is to divide the travel budget among all the Council members. If each member got a certain amount of money, she/he could plan to use that funding for a trip. If no more money were available, it could be donated from another member's "pot" of money if one person did not intend to use it. However, this system would allow each Council member to travel if he /she wanted to do so. Refer to COW. Committee chair approval CAS Number: 04-025 2 -23 -04 Meeting Date 2 -23 -04 te COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 1 Meetine Date 1 Prepare 1 Mayor's review 1 Council review 1 1 2 -23 -04 1 s( /Yl' 1A-4_,&-- 1 ..7t1-1 I I I I I I I I I I I ITEM INFORMATION Original Agenda Date: 2 -23 -04 Agenda Item Title: ACC Interlocal Agreement Proposed Amendments Original Sponsor: Council ACC Rep Admin. Timeline: Sponsor's Summary: The Executive Committee of the Airport Communities Coalition (ACC) is recommending several amendments to the ACC Interlocal Agreement. Amendments are subject to the approval of all ACC members. R ,....endations: Sponsor: Approve the amendments. Committee: (Scheduled for Transportation Committee review on February 23, 2004) Administration: Approve the amendments. Cost Impact (if known): Annual membership contribution is $50,000 for 2004. Fund Source (if known): General Fund RECORD OF COUNCIL ACTION APPENDICES Attachments Memorandum from Steve Lancaster dated .2/23/04 Draft Executive Committee Version, Interlocal Agreement, Airport Communities Coalition Interlocal Agreement, Airport Communities Coalition (existing version, dated 2002) City of Tukwila Department of Community Development Steve Lancaster, Director Date February 23, 2004 To: Transportation Committee Committee of the Whole p From. Steve Lancaster Subject: Proposed Changes to the ACC Interlocal Agreement (ILA) The ACC Technical Committee has been meeting over the past several months to explore changes to the ACC ILA that will meet the future needs of the ACC in light of significant changes in the political and legal environment in the present and near future. The ACC Executive Committee has reviewed the Technical Committee's recommendations, and has tentatively approved the attached amended ILA. Below is a summary of what the attached proposal does to the existing ACC ILA. The attached proposal seeks to maintain the basic structure and goals of the existing ACC ILA and, yet, make positive organizational changes that meet the different future needs of the ACC; fosters and even requires increased communication and cooperation between the parties. Increases the size of the ACC Executive Committee by adding the City Manager or City Administrator (or designee) from each of the parties. Each City continues to have one vote on the Executive Committee. In the absence of an elected representative, the City Manager /Chief Administrative Officer/Designee may vote on member agencies' interests. Includes language requiring consultation with the parties' Councils and Board on the annual budget and work program. There is new language creating the "Administrative Committee" made up of City Managers and City Administrators (or designees). This Committee shall select a Chair and vice Chair to coordinate its meetings and establish its agendas. The Committee will develop a proposed annual budget for the Executive Committee; work with staff to coordinate an annual ACC retreat; and provide recommendations as are needed by the Executive Committee. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 Language was added that requires the ACC to develop a mitigation proposal that would meet the varied needs of the parties. Language was added that encourages meeting with the Port of Seattle to seek to minimize the impacts upon the ACC communities presently and in the future. The ACC Executive Committee reviewed the proposed amendments on February 4, 2004 and recommends their approval by the members. Please note that the attached draft includes lines in the margins indicating areas where changes from the existing ILA are proposed. One line indicates a minor edit or clarification. Two lines indicate a new section or substantive change. A copy of the current (dated 2002) is attached for your information and comparison. DRAFT Executive Committee Version INTERLOCAL AGREEMENT, AIRPORT COMMUNITIES COALITION In accordance with the Interlocal Cooperation Act (Revised Code of Washington, Chapter 39.34) the City of Normandy Park, the City of Des Moines, the City of Burien, the City of Federal Way, the City of Tukwila, and the Highline School District (hereafter the "Parties each of which is a Washington Municipal Corporation hereby enter into the Agreement set forth. RECITALS 1. The presence and operations of Sea -Tac Airport affect fundamental economic, social, physical and environmental characteristics of each Party. 2. The Parties believe that the presence of Sea -Tac Airport and other regional transportation facilities such as Interstates 5 and 405 and State Routes 509 and 518 and eventually a regional transportation rail line can have either negative or positive effects on the members depending on the manner in which adverse impacts are addressed. 3. The Parties hereto have expressed their opposition to the development of a third runway, and other system improvements leading to increased air traffic at Seattle- Tacoma International Airport and Boeing Field. 4. The Parties further believe that regional public transportation needs must be resolved on a regional basis and that only equitable solutions to those needs should be adopted. Additional air traffic at Seattle Tacoma International Airport and Boeing Field does not constitute equitable or responsible regional solutions. Equitable solutions are those which recognize that the impacts and the benefits of transportation projects are often not realized in the same community, therefore necessitating an attempt to equalize that disparity among affected communities. 5. The Parties believe that a collective effort, including the pooling of resources and the execution of this Agreement to express and administer policy matters, is the most effective and expeditious method of achieving the goals stated herein. Page 1 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version 6. The Parties agree to promote the following goals: A. To stop the construction of any additional runways at Seattle- Tacoma International Airport. B. To achieve proper noise mitigation of schools with associated air quality and temperature controls. C. To limit or reduce the number of flight operations in King County, at both Seattle- Tacoma International Airport and at Boeing Field, to a specific level and to eliminate night flights from 10:30 p.m. to 7:00 a.m. D. To limit expansion of airport facilities in King County, at both Seattle- Tacoma International Airport and at Boeing Field, in order to prevent a significant increase in the number of flight operations which is likely to have substantial, adverse environmental impacts. E. To seek revisions to the Four Post Plan, which accommodate community concerns about overflights, including those which produce noise in areas outside the 65 dB DNL contour. F. To develop and promote equitable solutions to regional transportation needs on a regional basis, working to develop mutually beneficial partnerships and agreements that promote economic development and protect the environment. G. To improve abatement and mitigation of airport impacts on the Highline School District and member cities to this agreement. H. To ensure that all past, present and future impacts from operations at Sea -Tac Airport and Boeing Field are fully mitigated. To support fair distribution among ACC members of public dollars for the mitigation of impacts from operations of Sea -Tac Airport and Boeing Field. I. To participate in efforts to plan effectively, site appropriately and fully mitigate any regional surface transportation projects including RTA and extensions or improvements to State Routes 509 and 518, and 1 -5 and 1-405. J. To create an economic, political and social climate in which the parties can realize meaningful benefits from being neighbors of Sea -Tac Airport and Boeing Field and other regional surface transportation facilities which are consistent with the community objectives of these parties. Page 2 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version K. Such other and further related goals as may be determined by the Executive Committee. NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS: I. DEFINITIONS AND USAGES A. Each of the parties hereto shall be referred to as "Normandy Park "Des Moines "Burien "Tukwila", "Federal Way Highline School District or such other public agency as may be admitted. B. "Airport Communities Coalition" hereinafter referred to as "ACC" is the entity created by this Interlocal Agreement. C. "Executive Committee" means the assembly of representatives from the parties hereto, comprised of one representative and one alternate, and the City Manager or City Administrator, or designee from each party hereto, the function of which is to administer the policy and purposes of this Agreement. Representatives and alternates shall be selected annually by each party's legislative body from among its elected officials. Voting on the Executive Committee shall be as set out in Definition H "participation below. D. "Chair" means the presiding member of the Executive Committee, who shall be an elected official elected by the other representatives of the Executive Committee. E. "Vice chair" means the elected official member of the Executive Committee who shall perform the duties of the Chair in his or her absence and who shall be selected by the other representatives of the Executive Committee. F. "Treasurer" means an elected member of the Executive Committee who shall be selected by the other representatives of the Executive Committee and who shall be responsible for reviewing and keeping the Executive Committee informed about the financial activities of the ACC and report to the Executive Committee on the yearly audit. G. "Administrative Committee" means a committee composed of each party's City Manager or Chief Administrative Officer, or her /his designee. The Administrative Committee will select a Chair and Vice Chair to coordinate and chair its meetings and establish meeting agendas, and will follow policies and procedures as directed by the Executive Committee. The Administrative Committee shall develop a Page 3 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version proposed annual budget for the Executive Committee; recommend operating policies and procedures to the Executive Committee as needed; develop an annual ACC work plan for Executive Committee consideration; coordinate the annual ACC retreat in cooperation with ACC staff, and provide recommendations as needed by the Executive Committee. H. "Participate" or "participation" means the right of a party to vote on any matter submitted to the Executive Committee for a vote, upon payment of the minimum financial contribution specified hereunder. Each party shall have one vote to be cast by each party's representative or, in the representative's absence, by the altemate and in the absence of both elected officials, by the City Manager, Administrator, or designee. "Public agency" means the ACC member cities and school district(s) impacted by the operation of the Sea -Tac Airport (see Eligibility Section). J. "Operating expenses" means financial obligations, enforceable in law or equity, which have been incurred by the Executive Committee. I1. UNDERSTANDING AND PURPOSES A. The Parties understand and agree to promote the goals set forth in the Recitals above and such other goals and policies as are determined by the Executive Committee. B. The Parties agree and understand that they will rely on the Executive Committee's faithful and responsible representation of the parties' collective and individual interests in making decisions under this Agreement that mutually benefit the parties. The Executive Committee will consult with the parties to approve an annual work program and budget. C. In furtherance of this Agreement the parties will: 1. Establish and maintain clear lines of communication through their representatives on the Executive Committee. 2. Coordinate participation in continued planning and environmental review processes concerning air transportation and environmental matters arising therefrom, both as to existing facilities, surface transportation projects or planned altematives. Page 4 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version 3. Prepare for and undertake litigation or other actions that may be required in order to further the parties' common objectives. 4. Conduct meetings of the Executive Committee in order to carry out necessary and proper functions of ACC as set forth herein. 5. Establish and fund a budget, with amendments thereto as necessary in order to carry on the activities of ACC. This operating fund shall be known as the "Operating Fund of ACC Executive Committee Joint Board." 6. The Executive Committee shall not acquire any real property. Personal property shall be acquired as necessary to carry out the purposes of this Agreement. 7. Coordinate development of an ACC mitigation proposal that would fairly consider the varied impacts of the existing airport operations and third runway expansion upon the ACC communities. 8. Coordinate meetings with the Port of Seattle to seek to minimize the impacts and to mitigate all present and future impacts to ACC communities. 111. DURATION AND CONDITIONS OF WITHDRAWAL A. This Agreement may be reviewed annually but shall remain in full force and effect from January 1, 2004 unless terminated or modified by separate agreement, pursuant to Section X.A., so long as at least two Parties continue the operation of this Agreement. Any party may withdraw from this Agreement prior to its expiration by delivering written notice to the Executive Committee. Following such notification the withdrawing party shall remain liable for the full amount of its obligation to the ACC Operating Fund, as set forth in Section VII.A. B. To assure compliance with each party's affirmative obligations set forth in section VIII.A, and to protect the confidentiality of the ACC's legal affairs, notice of a party's intent to withdraw from the ACC shall serve to immediately terminate the withdrawing party's right to participate in Executive Committee business, including .votes. Further, a notice of withdrawal shall serve to eliminate the withdrawing party's right to attend any executive session held by the ACC or any of its committees or subdivisions, specifically including the Executive Committee. Page 5 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version C. Upon a party's notice of withdrawal, such party shall not be entitled to a refund of any payment previously made to the Operating Fund unless all parties remaining to the Agreement unanimously determine to terminate this Agreement. Upon such termination, the remaining assets of ACC, if any, will be divided in proportion to the Parties' respective contributions to the Operating Fund to the date of termination, as set forth under Section VII below. IV. ELIGIBILITY A. Eligibility to participate in this Interlocal Agreement "ILA shall be limited to any "public agency" as defined in the definition section of the ILA who demonstrates support for ACC's goals as outlined in the Recitals Section of the ILA. A public agency seeking to participate in this Agreement may be allowed to do so, upon approval of the Executive Committee, pursuant to the existing terms hereof and upon payment of an agreed amount by the member parties. B. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters and specifically to vote on matters submitted to the Executive Committee. C. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters but not entitling said public agency to vote on matters submitted to the Executive Committee. Any public agency so admitted shall be deemed an ex officio party hereto. D. Admission of a public agency under the terms described in this section may be accomplished through separate agreement signed by all members and the agency being admitted. V. CREATION OF AIRPORT COMMUNITIES COALITION MCC) EXECUTIVE COMMITTEE A. There is hereby created the Airport Communities Coalition (ACC). This organization shall be a voluntary association of the parties hereto. The Executive Committee shall govem the association. Membership, voting, and officers of the Executive Committee shall be as set out in Section I "Definitions and Usages" above. B. The Executive Committee shall approve, by unanimous vote of all member parties, decisions that are major policy decisions. Major policy decisions are defined as: 1) accepting or rejecting legal, financial or negotiated settlements, and 2) accepting Page 6 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version new member applications or rejecting existing members. Prior to voting upon any negotiated settlement, all ACC Executive Committee members, or alternate(s) as the case may be, shall receive by governing Council or Board, resolutions from their respective jurisdictions authorizing approval or rejection of such settlement, which shall be binding upon said representatives. Any jurisdiction which fails to vote upon such resolution within 14 days of such proposed settlement shall be deemed to approve the vote or abstention of the representative to the Executive Committee. The Executive Committee shall adopt by majority vote decisions concerning but not limited to the following: 1) adoption and administration of a budget and work plan, 2) hiring or termination of consultants, and 3) all other activities surrounding the daily operations of the ACC. C. When an even number of voting members results in a tie vote, the issue shall be remanded back to a smaller committee of the Executive Committee who shall attempt to resolve it. This smaller committee will consist of one elected Executive Committee member each who voted for and against the contested measure and a member of the Administrative Committee to be selected by the Executive Committee. This committee will be required to report back to the Executive Committee within two weeks with an alternative resolution. D. Regular meetings of the Executive Committee shall be held as determined by the Executive Committee. The Executive Committee shall elect annually by majority vote a "chair' to conduct its meetings, and shall similarly elect a "vice chair" to serve in the chair's absence and a "treasurer" to review the financial activities of ACC, all as described in Section I "Definitions and Usages Neither the chair, vice chair nor treasurer shall forfeit, by virtue of their positions, any power vested in him /her and shall continue to preside at the pleasure of a majority of the voting members of the Executive Committee, and may be replaced at any time. E. A quorum for the conduct of business by the Executive Committee shall be a majority. Notice of any special meeting shall be circulated to all members of the Executive Committee by the chair, or upon the written notice of a voting majority of the Executive Committee not less than twenty-four (24) hours before such meeting is scheduled. No action will be taken without a quorum and without an absolute majority of the eligible voting members of the Executive Committee voting in favor of the matter under consideration. Executive Committee members may attend meetings and vote telephonically as may be necessary for the orderly and timely conduct of business. Written notice of any special meeting may be waived as to any member who at the time of the meeting is actually present or who has filed with the chair a written waiver of notice. The parties further agree and understand that the ACC Executive Committee may have executive sessions under RCW 42.30.110(i). Page 7 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version VI. PROFESSIONAL SERVICES A. The Executive Committee may, from time to time, retain legal or other professional assistance or contribute to the retention by one of the parties of legal or other professional assistance to carry out the purposes of this Agreement. A contract or engagement letter shall be provided for each consultant so retained, which contract or engagement letter shall subsequently be marked as an Exhibit and incorporated into this Agreement, subject to all terms herein. All such contracts may be reviewed and updated annually for modifications or termination. B. Information and materials developed by providers of professional services, who are retained and are compensated pursuant to the provisions of this Agreement, shall be made available to each party to this Agreement which has borne its share of the cost of providing such services in the manner provided herein, and to all parties admitted to membership in ACC pursuant to the provision of Section IV. VII. SHARING OF COSTS A. In order to pay such fees, costs, and other expenses as are incurred by the Executive Committee on behalf of ACC, including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the provisions herein, funds for ACC operating expenses as indicated in Attachment A B. Each party pledges its best efforts to approve appropriations providing for the sharing of costs specified in this Section VII, but no party shall be liable for any monetary assessment unless and until the governing body of such party has appropriated funds for such specific purpose. C. In the event that one or more of the parties to this Agreement fail to contribute to the sharing of costs in the amounts set forth above and in a manner consistent with provisions of this Agreement, the party in default will refrain from further participation in the Executive Committee's business, and its rights pursuant to this Agreement shall be suspended. D. In the event one or more parties fail to ratify this Agreement, or having initially ratified this Agreement, thereafter defaults or withdraws from this Agreement, .the cost sharing for any outstanding or future operating expenses shall be adjusted following the elimination of the party or parties on a basis proportional to the annual amounts set forth above in Section "A adjusted to allow for any other parties admitted pursuant to Section IV but not included in Section "A above, and; provided that the annual financial obligation of the remaining Party or Parties shall not exceed that Page 8 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version amount set forth above in Section "A unless modified by subsequent agreement hereto. VIII. COOPERATION A. Each of the parties participating in, or otherwise admitted to, this endeavor shall cooperate with the ACC Executive Committee. In that regard, each party hereto, whether involved by participation, admission, or otherwise, hereby covenants and agrees that, in the event of withdrawal, each such party shall not sue, harass, or in any form or manner interfere with the entity created by this Agreement or with any of the remaining parties, except as necessary to obtain the return of funds as provided in Section III. This covenant shall specifically prohibit the sharing of any information obtained in any manner, directly or indirectly, as a result of the withdrawing party's involvement in ACC or otherwise pursuant to this Agreement unless otherwise required by public records law. B. To accomplish the intent and purposes of the ACC, the parties expressly understand that legal proceedings may be pursued in various forums on behalf of ACC members. The parties recognize that legal proceedings are costly and complex endeavors and that it is necessary to assure that legal efforts are not compromised due to intemal disputes and /or funding concerns. In this light, the parties hereby express their intent that legal matters shall be pursued in a manner consistent with policies and directives issued by the Executive Committee. Following initiation of any legal action authorized by the Executive Committee and filed on behalf of any or all coalition members, the parties expressly agree that, during the term of this Agreement, such matters will be conducted, resolved and /or settled as directed by the Executive Committee. No party shall have authority to enter into any settlement or compromise of claims asserted by the ACC without the Executive Committee's acceptance and unanimous approval of such settlement, unless such party has terminated its participation, pursuant to Section III. IX. INDEMNIFICATION A. In executing this Agreement, the ACC does not assume liability or responsibility for or in any way release the Parties from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the Parties shall defend the same at their sole expense and if judgment is entered or damages are awarded against the Parties, ACC, or both, the Parties shall satisfy the same, including all chargeable costs and attorneys' fees. Page 9 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version B. ACC shall indemnify and hold harmless the Parties and their officers, agents, volunteers and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the ACC, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Parties or the Parties and ACC, ACC shall defend the same at its sole cost and expense; and if final judgment be rendered against the Parties and their officers, agents, and employees or jointly against the Parties and ACC and their respective officers, agents, and employees, ACC shall satisfy the same. C. The Parties shall indemnify and hold harmless ACC and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, Toss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Parties, their officers, agents, and employees. In the event that any suit based upon such a claim, action, Toss, or damage is brought against ACC or the Parties and ACC, the Parties shall defend the same at their sole cost and expense; and if final judgment be rendered against ACC, and its officers, agents, and employees or jointly against ACC and the Parties and their respective officers, agents, and employees, the Parties shall satisfy the same. X. MISCELLANEOUS PROVISIONS A. This Agreement shall be effective upon ratification by at least two of the Parties admitted pursuant to Section IV above. This Agreement may be amended only upon consent of all parties thereto. Any amendment hereto shall be in writing. B. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or condition or any subsequent breach of the same of any other term, covenant, or condition of this Agreement. C. Any party hereto shall have the right to enjoin any substantial breach or threatened breach of this Agreement by any other party, and shall have the right to recover damages and to specific performance of any portion of this Agreement. D. This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. Page 10 Airport Communities Coalition Interlocal Agreement Draft 2004 DRAFT Executive Committee Version E. In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, ACC and the Parties shall abide by all federal, state, and local laws prohibiting discrimination. F. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this contract and three (3) years after termination. G. If any provision of this Agreement or application thereof to any party or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. H. This Agreement shall be effective whether signed by all parties on the same document or whether signed in counterparts. This Agreement supersedes the Interlocal Agreement entered into among the parties by signatures dated November and December 2000, and January 2001. Page 11 Airport Communities Coalition Interlocal Agreement Draft 2004 INTERLOCAL AGREEMENT, AIRPORT COMMUNITIES COALITION January 1, 2002 through December 31, 2002 In accordance with the Interlocal Cooperation Act (Revised Code of Washington, Chapter 39.34) the City of Normandy Park, the City of Des Moines, the City of Burien, the City of Federal Way, the City of Tukwila, and the Highline School District (hereafter the "Parties each of which is a Washington Municipal Corporation hereby enter into the Agreement set forth. RECITALS 1. The presence and operations of Sea -Tac Airport affect fundamental economic, social, physical and environmental characteristics of each Party. 2. The Parties believe that the presence of Sea -Tac Airport and other regional transportation facilities such as Interstates 5 and 405 and State Routes 509 and 518 and eventually a regional transportation rail line can have either negative or positive effects on the members depending on the manner in which adverse impacts are addressed. 3. The Parties hereto have expressed their opposition to the development of a third runway, and other system improvements leading to increased air traffic at Seattle- Tacoma International Airport and Boeing Field. 4. The Parties further believe that regional public transportation needs must be resolved on a regional basis and that only equitable solutions to those needs should be adopted. Additional air traffic at Seattle Tacoma International Airport and Boeing Field does not constitute equitable or responsible regional solutions. Equitable solutions are those which recognize that the impacts and the benefits of transportation projects are often not realized in the same community, therefore necessitating an attempt to equalize that disparity among affected communities. 5. The Parties believe that a collective effort, including the pooling of resources and the execution of this Agreement to express and administer policy matters, is the most effective and expeditious method of achieving the goals stated herein. Page 1 of 17 Airport Communities Coalition Interlocal Agreement 2002 6. The Parties agree to promote the following goals: A. To stop the construction of any additional runways at Seattle- Tacoma International Airport. B. To achieve proper noise mitigation of schools with associated air quality and temperature controls. C. To limit or reduce the number of flight operations in King County, at both Seattle- Tacoma International Airport and at Boeing Field, to a specific level and to eliminate night flights from 10:30 p.m. to 7:00 a.m. D. To limit expansion of airport facilities in King County, at both Seattle- Tacoma International Airport and at Boeing Field, in order to prevent a significant increase in the number of flight operations which is likely to have substantial, adverse environmental impacts. E. To seek revisions to the Four Post Plan which accommodate community concerns about overflights, including those which produce noise in areas outside the 65 dB DNL contour. F. To develop and promote equitable solutions to regional transportation needs on a regional basis, working to develop mutually beneficial partnerships and agreements that promote economic development and protect the environment. G. To improve abatement and mitigation of airport impacts on the Highline School District and member cities to this agreement. H. To ensure that all past impacts from operations at Sea -Tac Airport and Boeing Field are fully mitigated. To support fair distribution among ACC members of public dollars for the mitigation of impacts from operations of Sea -Tac Airport and Boeing Field. 1. To participate in efforts to plan effectively, site appropriately and fully mitigate any regional surface transportation projects including RTA and extensions or improvements to State Routes 509 and 518, and 1 -5 and 1 -405. J. To create an economic, political and social climate in which the parties can realize meaningful benefits from being neighbors of Sea -Tac Airport and Boeing Field and other regional surface transportation facilities which are consistent with the community objectives of these parties. Page 2 of 17 Airport Communities Coalition Interlocal Agreement 2002 K. Such other and further related goals as may be determined by the Executive Committee. NOW THEREFORE THE PARTIES HEREBY AGREE AS FOLLOWS: I. DEFINITIONS AND USAGES A. Each of the parties hereto shall be referred to as "Normandy Park "Des Moines "Burien "Tukwila "Federal Way Highline School District or such other public agency as may be admitted. B. "Airport Communities Coalition" hereinafter referred to as "ACC" is the entity created by this Interlocal Agreement. C. "Executive Committee" means the assembly of representatives from the parties hereto, comprised of one representative, or one alternative, from each party hereto, the function of which is to administer the policy and purposes of this Agreement. D. "Chair" means the presiding member of the Executive Committee, who shall be elected by the other representatives of the Executive Committee. E. "Vice chair" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee to preside in the absence of the chair. F. "Treasurer" means the member of the Executive Committee who shall be elected by the other representatives of the Executive Committee responsible for reviewing and keeping the Executive Committee informed about the financial activities of the ACC and report to the Executive Committee on the yearly audit. G. "Participate" or "participation" means the right of a party to vote on any matter submitted to the Executive Committee for a vote, upon payment of the minimum financial contribution specified hereunder. H. "Public agency" means the ACC member cities and school district(s) impacted by the operation of the Sea -Tac Airport (see Eligibility Section). I. "Operating expenses" means financial obligations, enforceable in law or equity, which have been incurred by the Executive Committee. II. UNDERSTANDING AND PURPOSES Page 3 of 17 Airport Communities Coalition Interlocal Agreement 2002 A. The Parties understand and agree to promote the goals set forth in the Recital 6 above and such other goals and policies as are determined by the Executive Committee. B. The Parties agree and understand that they will rely on the Executive Committee's faithful and responsible representation of the parties' collective and individual interests in making decisions under this Agreement that mutually benefit the parties. C. In furtherance of this Agreement the parties will: 1. Establish and maintain clear lines of communication through their representatives on the Executive Committee. 2. Coordinate participation in continued planning and environmental review processes concerning air transportation and environmental matters arising therefrom, both as to existing facilities, surface transportation projects or planned alternatives. 3. Prepare for and undertake litigation or other actions that may be required in order to further the parties' common objectives. 4. Conduct meetings of the Executive Committee in order to carry out necessary and proper functions of ACC as set forth herein. 5. Establish and fund a budget, with amendments thereto as necessary in order to carry on the activities of ACC. This operating fund shall be known as the "Operating Fund of ACC Executive Committee Joint Board." 6. The Executive Committee shall not acquire any real property. Personal property shall be acquired as necessary to carry out the purposes of this Agreement. III. DURATION AND CONDITIONS OF WITHDRAWAL This Agreement may be reviewed annually but shall remain in full force and .effect from January 1, 2002 unless terminated or modified by separate agreement, pursuant to Section X.A., so long as at least two Parties continue the operation of this Agreement. Any party may withdraw from this Agreement prior to its expiration by delivering written notice to the Executive Committee. Following such notification the Page 4 of 17 Airport Communities Coalition Interlace! Agreement 2002 withdrawing party shall remain liable for the full amount of its obligation to the ACC Operating Fund, as set forth in Section VILA. To assure compliance with each party's affirmative obligations set forth in section VIII.A, and to protect the confidentiality of the ACC's legal affairs, notice of a party's intent to withdraw from the ACC shall serve to immediately terminate the withdrawing party's right to participate in Executive Committee business, including votes. Further, a notice of withdrawal shall serve to eliminate the withdrawing party's right to attend any executive session held by the ACC or any of its committees or subdivisions, specifically including the Executive Committee. Upon a party's notice of withdrawal, such party shall not be entitled to a refund of any payment previously made to the Operating Fund unless all parties remaining to the Agreement unanimously determine to terminate this Agreement. Upon such termination, the remaining assets of ACC, if any, will be divided in proportion to the Parties' respective contributions to the Operating Fund to the date of termination, as set forth under Section VII below. IV. ELIGIBILITY Eligibility to participate in this Interlocal Agreement "ILA shall be limited to any "public agency" as defined in the definition section of the ILA who demonstrates support for ACC's goals as outlined in the Recitals Section of the ILA. A public agency seeking to participate in this Agreement may be allowed to do so, upon approval of the Executive Committee, pursuant to the existing terms hereof and upon payment of an agreed amount by the member parties. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters and specifically to vote on matters submitted to the Executive Committee. The Executive Committee by unanimous vote of all member parties may allow admission by a public agency on terms other than those set forth herein, including entitling said public agency to participate in ACC matters but not entitling said public agency to vote on matters submitted to the Executive Committee. Any public agency so admitted shall be deemed an ex officio party hereto. Admission of a public agency under the terms described in this section may be accomplished through separate agreement signed by all members and the agency being admitted. Page 5 of 17 Airport Communities Coalition Interlocal Agreement 2002 V. CREATION OF AIRPORT COMMUNITIES COALITION (ACC) EXECUTIVE COMMITTEE There is hereby created the Airport Communities Coalition (ACC). This organization shall be a voluntary association of the parties hereto. The association shall be governed by the Executive Committee. The Executive Committee shall be comprised of one voting member from each party who shall be an elective official of such party. The voting member of each party shall be duly selected annually by the legislative body of each party thereof. Each party shall similarly select an alternate voting member of the Executive Committee who shall serve in the absence of the voting member. Such alternate may be either an elected or appointed official of the party. The. Executive Committee shall approve, by unanimous vote of all member parties, decisions that are major policy decisions. Major policy decisions are defined as: 1) accepting or rejecting legal, financial or negotiated settlements, and 2) accepting new member applications or rejecting existing members. Prior to voting upon any negotiated settlement, all ACC Executive Committee members, or alternate(s) as the case may be, shall receive by governing Council or Board, resolutions from their respective jurisdictions authorizing approval or rejection of such settlement which shall be binding upon said representative. Any jurisdiction which fails to vote upon such resolution within 14 days of such proposed settlement shall be deemed to approve the vote or abstention of the representative to the Executive Committee. The Executive Committee shall approve by majority vote concerning the following, but not limited to: 1) to adopt and administer a budget, 2) hire or conclude consulting contracts, and 3) all other activities surrounding the daily operations of the ACC. When there are an even number of voting members which results in a tie vote, the issue shall be remanded back to a smaller committee of the Executive Committee in an attempt to resolve the issue. This smaller committee will consist of one Executive Committee member each who voted for and against the contested measure and the ACC Executive Director or another ACC staff person. This committee will be required to report back to the Executive Committee within two weeks with an alternative resolution. Regular meetings of the Executive Committee shall be held as determined by the Executive Committee. The Executive Committee shall elect annually by majority .vote a "chair" to conduct its meetings, and may similarly elect a "vice chair" to serve in the chair's absence and a "treasurer" to review the financial activities of ACC. Neither the chair, vice chair nor treasurer shall forfeit, by virtue of their positions, any power vested in him /her and shall continue to preside at the pleasure of a majority of the voting members of the Executive Committee, and may be replaced at any time. Page 6 of 17 Airport Communities Coalition Interlocal Agreement 2002 A quorum for the conduct of business by the Executive Committee shall be a majority. Notice of any special meeting shall be circulated to all members of the Executive Committee by the chair, or upon the written notice of a voting majority of the Executive Committee not less than twenty -four (24) hours before such meeting is scheduled. No action will be taken without a quorum and without an absolute majority of the eligible voting members of the Executive Committee voting in favor of the matter under consideration. Executive Committee members may attend meetings and vote telephonically as may be necessary for the orderly and timely conduct of business. Written notice of any special meeting may be waived as to any member who at the time of the meeting is actually present or who has filed with the chair a written waiver of notice. The parties further agree and understand that the ACC Executive Committee may have executive sessions under RCW 42.30.110(i). A. The Executive Committee may, from time to time, retain legal or other professional assistance or contribute to the retention by one of the parties of legal or other professional assistance to carry out the purposes of this Agreement. A contract or engagement letter shall be provided for each consultant so retained, which contract or engagement letter shall subsequently be marked as an Exhibit and incorporated into this Agreement, subject to all terms herein. All such contracts may be reviewed and updated annually for modifications or termination. B. Information and materials developed by providers of professional services, who are retained and are compensated pursuant to the provisions of this Agreement, shall be made available to each party to this Agreement which has borne its share of the cost of providing such services in the manner provided herein, and to all parties admitted to membership in ACC pursuant to the provision of Section IV. A. In order to pay such fees, costs, and other expenses as are incurred by the Executive Committee on behalf of ACC including costs incurred in connection with the retention of legal or other professional assistance, it is the intention of the parties to this Agreement that each party will make available to ACC consistent with the provisions herein, funds for ACC operating expenses as indicated in Attachment A. VI. PROFESSIONAL SERVICES VII. SHARING OF COSTS B. Each party pledges its best efforts to approve appropriations providing for the sharing of costs specified in this Section VII, but no party shall be liable for any monetary assessment unless and until the governing body of such party has appropriated funds for such specific purpose. Page 7 of 17 Airport Communities Coalition Interlocal Agreement 2002 C. In the event that one or more of the parties to this Agreement fail to contribute to the sharing of costs in the amounts set forth above and in a manner consistent with provisions of this Agreement, the party in default will refrain from further participation in the Executive Committee's business, and its rights pursuant to this Agreement shall be suspended. D. In the event one or more parties fail to ratify this Agreement or having initially ratified this Agreement and thereafter defaults or withdraws from this Agreement, the cost sharing for any outstanding or future operating expenses shall be adjusted following the elimination of the party or parties on a basis proportional to the annual amounts set forth above in Section "A adjusted to allow for any other parties admitted pursuant to Section IV but not included in Section "A above, and; provided that the annual financial obligation of the remaining Party or Parties shall not exceed that amount set forth above in Section "A unless modified by subsequent agreement hereto. VIII. COOPERATION A. Each of the parties participating in, or otherwise admitted to, this endeavor shall cooperate with the ACC Executive Committee. In that regard, each party hereto, whether involved by participation, admission, or otherwise, hereby covenants and agrees that, in the event of withdrawal, each such party shall not sue, harass, or in any form or manner interfere with the entity created by this Agreement or with any of the remaining parties, except as necessary to obtain the return of funds as provided in Section III. This covenant shall specifically prohibit the sharing of any information obtained in any manner, directly or indirectly, as a result of the withdrawing party's involvement in ACC or otherwise pursuant to this Agreement unless otherwise required by public records law. B. To accomplish the intent and purposes of the ACC, the parties expressly understand that legal proceedings may be pursued in various forums on behalf of ACC members. The parties recognize that legal proceedings are costly and complex endeavors and that it is necessary to assure that legal efforts are not compromised due to internal disputes and /or funding concerns. In this light, the parties hereby express their intent that legal matters shall be pursued in a manner consistent with policies and directives issued by the Executive Committee. Following initiation of any legal action authorized by the Executive Committee and filed on behalf of any or all coalition members, the parties expressly agree that, during the term of this Agreement, such matters will be conducted, resolved and /or settled as directed by the Executive Committee. No party shall have authority to enter into any settlement or compromise of claims asserted by the ACC without the Executive Committee's acceptance and Page 8 of 17 Airport Communities Coalition Interlocal Agreement 2002 unanimous approval of such settlement, unless such party has terminated its participation, pursuant to Section III. IX. INDEMNIFICATION A. In executing this Agreement, the ACC does not assume liability or responsibility for or in any way release the Parties from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the Parties shall defend the same at their sole expense and if judgment is entered or damages are awarded against the Parties, ACC, or both, the Parties shall satisfy the same, including all chargeable costs and attorneys' fees. B. ACC shall indemnify and hold harmless the Parties and their officers, agents, volunteers and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the ACC, its officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, Toss, or damage is brought against the Parties or the Parties and ACC, ACC shall defend the same at its sole cost and expense; and if final judgment be rendered against the Parties and their officers, agents, and employees or jointly against the Parties and ACC and their respective officers, agents, and employees, ACC shall satisfy the same. C. The Parties shall indemnify and hold harmless ACC and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the Parties, their officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against ACC or the Parties and ACC, the Parties shall defend the same at their sole cost and expense; and if final judgment be rendered against ACC, and its officers, agents, and employees or jointly against ACC and the Parties and their respective officers, agents, and employees, the Parties shall satisfy the same. X. MISCELLANEOUS PROVISIONS A. This Agreement shall be effective upon ratification by at least two of the Parties admitted pursuant to Section IV above. This Agreement may be amended only upon consent of all parties thereto. Any amendment hereto shall be in writing. B. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed a waiver of such term, covenant, or Page 9 of 17 Airport Communities Coalition Interlocal Agreement 2002 condition or any subsequent breach of the same of any other term, covenant, or condition of this Agreement. C. Any party hereto shall have the right to enjoin any substantial breach or threatened breach of this Agreement by any other party, and shall have the right to recover damages and to specific performance of any portion of this Agreement. D. This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. E. In all contractor services, programs or activities, and all contractor hiring and employment made possible by or resulting from this Agreement, ACC and the Parties shall abide by all federal, state, and local laws prohibiting discrimination. F. The records and documents with respect to all matters covered by this Agreement shall be subject to audit by the Parties during the term of this contract and three (3) years after termination. G. If any provision of this Agreement or application thereof to any party or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. H. This Agreement shall be effective whether signed by all parties on the same document or whether signed in counterparts. I. This Agreement supersedes the Interlocal Agreement entered into between the parties by signatures dated November and December 2000, and and January 2001. (Balance of pages were signature pages only.) Page 10 of 17 Airport Communities Coalition Interlocal Agreement 2002 CAS Number: 04-026 Cost Impact (if known): Fund Source (if known): Meeting Date 2/23/04 COUNCIL AGENDA SYNOPSIS 1 Meeting Date 1 Prepareda 1 Mayor's review! Council review 1 1 2/23/04 1 SL I A-44 I C I- ft I I 1 I 1 I I I I I I v 7 ITEM INFORMATION Original Agenda Date: 2/23/04 Agenda Item Title: Annual amendments process including annual amendments and nA Original Sponsor: Council Admin.xx Timeline: Sponsor's Summary: Review Process for 2004 Comprehensive Plan Update 1) Annual amendments 2) Growth Management Act (GMA) Technical Update including workplan/public participation process and resolution Recommendations: Sponsor: Committee: CAP 2/10/04 Administration: RECORD OF COUNCIL ACTION APPENDICES Attachments Memo from Steve Lancaster (2/12/04) CAP meeting minutes (2/10/04) Memo from Steve Lancaster (2/13/04) w/ resolution, workplan Initials ITEM NO. 3. e i 0 er 1I1 v i2 ti i i�t► rsaa To: From: Subject: Date: City of Tukwila Department of Community Development Steve Lancaster, Director Tukwila City Council Steve Lancaster 2004 Comprehensive Plan Update February 12, 2004 This memo describes the Annual Amendments to the Comprehensive Plan, as well as the process used to review and adopt them. It also discusses how the GMA Technical Update and Annual Amendment processes will be combined and coordinated in the 2004 Comprehensive Plan Update. The accompanying memo (Attachment 2) includes a draft resolution which adopts a public involvement program and work plan for the 2004 Comprehensive Plan Update process, including the GMA Technical Update and Annual Amendments. Background: State law permits jurisdictions to amend their Comprehensive Plan documents no more than once each year, except in emergency situations. This year, Tukwila's Comprehensive Plan amendment process will include two main parts: 1) the Growth Management Act (GMA)- related Technical Update (i.e. revisions required to comply with provisions of the Washington Growth Management Act) and; 2) Annual Amendments (i.e. changes proposed by members of the public as part of the City's regular process). GMA Technical Update items will include focused revisions to certain elements of the Comprehensive Plan, primarily housing, transportation, natural environment, and utilities. Annual amendments include requests for policy and map changes from private parties. The GMA Technical Update and Annual Amendments will be combined into a single Comprehensive Plan Update review process. All Comprehensive Plan Update work should be considered and adopted before December 1, 2004, the State's deadline for adopting GMA- related changes. Steven M. Mullet, Mayor Annual Amendments: We received three applications for annual Comprehensive Plan amendments from private parties by the December 31, 2003 deadline. The applications are as follows: Robb Property 6550 and 6542 Southcenter Boulevard Proposal to change land use designation and zoning from Low Density Residential (LDR) to Office (0). This proposal was originally considered last year, but was denied with an option to reapply for reconsideration if vehicular access and encroachment issues were resolved by the 12/31/03 application deadline. The applicant has submitted some new information for City consideration during CC memo re amdmts 2 -21 -04 mtnal 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 this year's review process, but it appears that the outstanding issues are not fully resolved. Sabey Corporation Between 34 Avenue South and Tukwila International Boulevard, south of S. 126 Proposal to change land use designation and zoning from Low Density Residential (LDR) to Commercial Light Industrial (C/LI). This is a new proposal relating to property that is part of the Department of Homeland Security property currently under construction at Intergate East. La Pianta LLC Tukwila Valley South Proposal to revise Comprehensive Plan policies relating to the Tukwila Valley South area. Next Stens for Annual Amendments: On February 23 and March 8, 2004, the City Council will be briefed on the annual amendment proposals and decision process. The public will comment on the potential amendments at a meeting to be held on March 15, 2004. Afterwards, the City Council will make a threshold decision on which proposed amendments to refer to the Planning Commission for further review and recommendation. Council Consideration for Annual Amendments: After holding its public meeting, the Council will evaluate each proposed amendment according to the following review criteria: Is the issue already adequately addressed in the Comprehensive Plan? If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? Is the proposed change the best means for meeting the identified public need? Will the proposed change result in a new benefit to the community? Following its initial consideration of a proposed amendment, the Council shall make a "threshold decision" consisting of one of the following actions: Refer the proposal as-is to the Planning Commission for further review; Modify the proposal and refer the Planning Commission for further review; Defer consideration until a later time; Reject the proposal. Coordination of Annual Amendments with GMA Technical Undate: Distinct from the Annual Amendments discussed above, staff has reviewed existing Comprehensive Plan policies and evaluated the need for revision based on the Growth Management Act requirements. As a result of the analysis, staff has prepared a draft resolution, public process and work plan for the GMA Technical Update portion of the 2004 Comprehensive Plan Update. State law requires legislative action to adopt the work plan and public process for the GMA Technical Update On February 23, 2004, the City Council will be briefed on the Comprehensive Plan update, including both the Annual Amendments and on the proposed public involvement CC memo re amdmts 2 -23 -04 mtng2 process and work plan for the GMA Technical Update. On March 15, 2004, the City Council will hold a public meeting on the Annual Amendments, and a separate public hearing on the resolution, work plan and public process for the GMA Technical Update. Once the Council is satisfied with the GMA Technical Update work plan and public process, it will pass a resolution to finalize these items. Next Stens: After the City Council makes a threshold decision for the Annual Amendments and adopts the resolution with the GMA Technical Update work plan and public process, all proposed amendments and work items will be forwarded to the Planning Commission for review, public hearing and recommendation. Any proposed amendments that are referred by the Council to the Planning Commission will return before the Council for briefings, a final public hearing, deliberation and a decision prior to the December 1, 2004 deadline set by the State of Washington. At that point, the Council may: Adopt a proposed amendment; Adopt a modified version of a proposed amendment; or Reject the amendment. CC memo re amdmts 2 -23 -04 mmg3 CAP 02 -10 -04 COW 02 -23 -04 C C 03 -15 -04 Ping Comm March '04 Ping Comm April '04 Staff May '04 Ping Comm June '04 Ping Comm July '04 CC August '04 Staff September '04 CC September '04 CC October '04 CC November '04 2004 COMPREHENSIVE PLAN UPDATE GMA TECHNICAL UPDATE Economic Devel (housing /empl targets) Housing (needs /housing targets) Natural Environment (SAO) Urban Center (policy update) Utilities (policy update) Transportation (State LOS, policy) CIP (consolidate and update) Target Maintenance of Plan (emergencies) Dates Public Lands Briefing Briefing Public Hearing on Resolution (workplan and public participation) Staff Recommended Action: CC to Adopt Resolution Briefing on CC adopted Qorkplan and public participation program Planning Commission Briefings Public Open House(s) Planning Commission Public Hearing(s) and Deliberations Planning Commission adopts Recommendations to CC Brief CAP, COW and CC on Planning Commission Recommendations Public Open House(s) (continue CC briefings and deliberations) City Council Public Hearings (continue CC briefings and deliberations) City Council Deliberations City Council Deliberations, Final Public Hearing (if needed) And Adoption of Ordinance(s) Tukwila DCD Feb.10, 2004 ANNUAL AMENDMENTS Robb Property "LDR" to "0") Sabey Corp. "LDR" to "C /LI La Pianta (TVS Policies) Briefing Briefing Public Meeting on Annual Amendment Applications Staff Recommended Action: CC to make "threshold decision" Briefing on Annual Amendments referred by CC Present: Pam Linder, Chair; Dave Fenton, Joe Duffie Steve Lancaster, Rebecca Fox, Jack Pace, Lucy Lauterbach I Committee chair approval Community and Parks Committee February 10, 2004 1. Annual Amendment to the Como Plan Amendments to the Comp Plan are allowed only 'once a year unless there is an emergency. Staff is preparing changes to the Comp Plan, but because of their workload in other areas, they are doing minimal changes to comply with changed Growth Management Act (GMA) regulations, and three requests that have been submitted by members of the public. Anything beyond these issues will need to be proposed for the 2005 budget, as time does not allow more to be done this year. A proposed public participation schedule was reviewed, and the Committee thought it was very thorough. Expanding on the technical changes that will be proposed by staff, Steve went through the update issues briefly, and Rebecca's memo gave a little more detail. Those issues will be an expanded checklist that relies somewhat on the old comp plan EIS. Steve said some issues could be controversial though they won't be major issues. Our comp plan policies will all be reviewed, and then the GMA regulations will be reviewed to see which of our policies needs to be updated. Dave asked how "we could make sure our mailing list reached everyone, and was told the most current list will be used, and anyone who shows an interest in the subject can be contacted. The Hazelnut will also be used to inform citizens about the process. Recommend resolution to COW. 2. Charles River Associates Contract Since fall of 2001 the City has contracted with Charles River in order to use the extensive knowledge and contracts of Dan Brand who works there. Mr. Brand is a pre- eminent expert in the field of parking, and has helped the City do a bit of planning for Sound Transit in this field. Now the work will intensify and his help will be more heavily relied on. Steve pointed out that the contract is not inexpensive, but that it is worth every penny. Sound Transit's original documents referenced Mr. Brand, so they can't say he's not creditable. Recommend contract to COW. 3. ECO Northwest contract Two associates from ECO NW have worked with the City as the plans for the TUC and TOD have begun. They are working with the economic and fiscal issues about the two areas. The next phase will take an in -depth look at markets for housing and development for the TUC/TOD areas. Whether it will pay to build specific housing and retail in certain areas will be looked at from a perspective of whether or not it makes sense. This company's work is paid through a grant. Pam raised the issue of this study having large implications, and said it needed to be compared to the Westfield Mall/Klickitat expansion, Tukwila Village, and the Segale developments. All will be vying for city funds, and priorities will need to be set. Pam said it's hard to compare the costs and benefits of all these projects. Recommend contract to COW. City of Tukwila Department of Community Development Steve Lancaster, Director Attachment 2 To: Tukwila City Council From: Steve Lancaster Subj: 2004 Comprehensive Plan Update (Growth Management Act (GMA) Technical Update Annual Amendments) Date: February 13, 2004 Background: We are proceeding with the 2004 Comprehensive Plan amendment process, including specific revisions related to the Growth Management Act and consideration of three amendments submitted by private parties. All amendments should be adopted by December 1, 2004 to meet the State of Washington's deadline. Due to staffing, workload and scheduling issues we are focusing attention and resources on making technical revisions that are required to make Tukwila's Comprehensive Plan consistent with recent changes to the Washington Growth Management Act (GMA). We have combined the GMA Technical update with our annual amendment review. Work plan and nublic narticination: According to a schedule established by RCW 36.70.A.130(4), each city in Washington must take legislative action to review and, if needed, revise its Comprehensive Plan and development regulations to ensure they comply with the GMA. Cities may use a variety of public processes to fulfill this requirement. The level and amount of review and revision that each city needs varies, depending on factors, such as when the most recent Plan and regulations were adopted. The attached resolution adopts a public involvement program and work plan for the 2004 GMA update as required by RCW 36.70A.130. The work plan was developed after staff review and analysis of existing Comprehensive Plan policies and changes to the Growth Management Act. It includes the annual amendments, and GMA required items, as well as issues that need improvement to be consistent with current State planning legislation. We would like your comments on the work plan and schedule, and will incorporate them into the final document. The City Council will hold a public hearing on the work plan on March 15, 2004. Steven M, Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206- 431 -366 Resolution: Once the work plan elements have been agreed on, the resolution can be adopted. We anticipate that this will occur following the March 15, 2004 hearing. The resolution with work plan, public process and schedule will then be conveyed to the Washington Department of Commerce, Trade and Economic Development. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Comp Plan Workplan 2/5/04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, ADOPTING A WORKPLAN AND PUBLIC PARTICIPATION PROCESS FOR UPDATING THE COMPREHENSIVE PLAN, PER RCW 36.70A.130. WHEREAS, the Growth Management Act (GMA) of 1990 established Statewide goals, guidelines and procedural requirements to guide the development, coordination and implementation of Long- range plans; and WHEREAS, the City, King County, and other jurisdictions within the County adopted Countywide Planning Policies to provide a general framework for the implementation of GMA in King County; and WHEREAS, the City, in order to implement the requirements and goals of GMA and the Countywide Planning Policies, adopted a Comprehensive Land Use Plan and Zoning Code in 1995, with appropriate public notice, involvement and environmental review; and WHEREAS, Tukwila Municipal Code Chapter 18.80 establishes a public process for amending the Comprehensive Plan; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and associated development regulations have been regularly amended since adoption with public notice, involvement and environmental review; and WHEREAS, the Washington State Growth Management Act requires Tukwila by December 1, 2004 to review, and if needed, revise the Comprehensive Plan and development regulations to ensure they comply with the requirements of the Growth Management Act; and WHEREAS, the Comprehensive Land Use Plan, Zoning Code and other development regulations have been reviewed and analyzed to determine needed revisions based on GMA compliance per RCW 36.70A.130; and WHEREAS, a public participation program has been developed to provide the public with an opportunity to comment on the review and suggest needed revisions of the plan and regulations; and WHEREAS, a work program has been prepared to complete the needed revisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CTIY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Public Participation Program for the 2004 City of Tukwila Comprehensive Plan Update (Attachment A), and the Work Program (Attachment B) are hereby approved as the basis for developing the amendments for the Comprehensive Land Use Plan. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. Jim Haggerton, Council President Filed with the City Cleric Passed by the City Council: Resolution Number: 2004 Public Participation Program Comprehensive Plan /Development Code Update Attachment A PURPOSE: Involve citizens, businesses and other potentially interested parties in the preparation and adoption of the 2003 -2004 update to the Comprehensive Plan/Development Code ASSUMPTIONS: Primary goals and objectives will be maintained from current Plan. Update will focus on elements that require updating per changes to the Washington Growth Management Act. The secondary focus will be on any additional changes proposed by the public, including map changes and improvements /clarifications of existing Comprehensive Plan and Zoning Code, as part of the annual Comprehensive Plan amendment process. ROLES AND RESPONSBILITIES: City Council: The City Council will provide policy guidance and is the final decision maker for the Comprehensive Plan update. The Council will receive periodic briefings on the update, review the Planning Commission recommendation, and adopt amendments to the Comprehensive Plan. The public meeting, open house and hearing will provide public involvement opportunities. The public will be notified of events through direct mailings and legal notices. The City Council's target schedule is: September, 2003 Briefing (Tukwila Profile, Update Process, Scope and Schedule) March, 2004 Public meeting re annual amendments, hearing re GMA workplan August, 2004 Briefings -The City Council will review background materials and proposed amendments. September, 2004 Public open house, Public hearings. The City Council will hear and consider public comments. October, 2004 Deliberations Planning Commission: The Planning Commission will provide policy recommendations for the update and ensure that the public is involved throughout the process through an open house and hearings. The public will be notified of events through direct mailings and legal notices. The Planning Commission's target schedule is: September, 2003 Briefing (Tukwila Profile, Update Process, Scope and Schedule) April, 2004 Briefings re background information and proposed revisions (3) Q; \Comp plan 2004 \Public Involvement Program Council 1- 29- 04.doc 1 May, 2004 Public open house on background information and proposed revisions May 2004 Public hearing June, 2004 Deliberations July, 2004 Recommendation The Planning Commission will consider public comments and make a recommendation to the City Council. ADDITIONAL OPPORTUNITIES FOR PUBLIC INVOLVEMENT: In addition to the public open houses, hearings and meetings associated with the Planning Commission and City Council (above), the following are designed to bring the public into the process and solicit their input on Update issues /priorities: Review results from Vision Tukwila meetings and survey (March/April, 2003) Consider comments from Tukwila Urban Center workshops (primarily focused on housing issues and transportation element update) (2003 -2004) Address interested groups as requested (i.e. Southwest King County Chamber of Commerce, November, 2003) SEPA checklist(s) comment period. Separate environmental review for Sensitive Areas update and other amendments (March/April, 2004) Prepare regular "Hazelnut" articles focused on the Update (January- December, 2004) Establish City web page presence and email address for Update (February- December, 2004) Develop Comprehensive Plan Update mailing list including interested citizens, business owners, others Distribute Comprehensive Plan Update materials (as available) at City events, (i.e. Tukwila Days, Special Recycling Day, TUC workshops) locations (i.e. Tukwila Community Center). Prepare press releases as appropriate Q: \Comp plan 2004 \Public Involvement Program Council 1- 29- 04.doc 2 Draft WORK PROGRAM 2004 UPDATE TO COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS Attachment B The City is required to take action to review and, if needed, revise the City's Comprehensive Plan and development regulations to ensure compliance with the requirements of the Growth Management Act (RCW 36.70A. 130 (1). To accomplish this, staff reviewed all Comprehensive Plan policies, comparing them with GMA requirements as well as changes since the Tukwila Comprehensive Plan was adopted in 1995. Staff further reviewed comments from Washington Department of Community Trade and Economic Development dating from initial Comprehensive Plan adoption in 1995 to make sure that all issues had been resolved. As a result of this review, staff has identified the following revisions that are needed. These, combined with three proposed amendments submitted by members of the public, comprise the majority of the Comprehensive Plan work program as follows: State Requirements for the 5 -year Plan and Development Regulations Update I. ECONOMIC DEVELOPMENT ELEMENT Discussion: The Growth Management Act (GMA) requires individual jurisdictions' plans to be consistent with Countywide Planning Policies, including household and employment targets aimed at reaching appropriate densities in Urban Growth Areas (UGAs). Population and employment targets were adopted by King County and included in Tukwila's 1995 Comprehensive Plan. King County Countywide Planning Policies, adopted May, 2003, set updated growth targets for Tukwila and other cities within the County. Conclusion: Information contained in the Economic Development Element and Background Report will be revised to incorporate current population and employment targets specified in the Countywide Planning Policies. II. HOUSING ELEMENT Discussion: Staff has considered whether the Housing Element addresses the following as required by GMA, including: 1) Targets or objectives for providing affordable housing suited to income levels of people who live or work in Tukwila; 2) Strategy and mechanisms for achieving targets; 3) Group homes, foster care, accessory dwelling units and manufactured housing; 4) Housing inventory and analysis for future needs; 5) Support and provide for efficient use of land and housing opportunities Countywide Planning Policies. 02/12/041 Tukwila has among the most affordable housing in the region. Strategies and policies are in place to continue providing Tukwila's fair share of future regional low- and moderate income housing. Some strategies include: Smaller lots in single family zones Accessory dwelling units allowed on lots at least 7,200 square feet Increased density allowable through Planned Residential Development Use of Community Development Block Grant funds to support low- income home repair programs As explained above, the Growth Management Act (GMA) requires individual jurisdictions' plans to be consistent with Countywide Planning Policies, including updated household and employment targets adopted in 2003. Tukwila's population targets are derived from an allocation by the County based on population projections for the state Office of Financial Management. Current targets are more realistic than earlier targets, and reflect a reduction from 6,000 new living units to 3,200. These can be single family houses, apartment or condo units. As required by GMA, Tukwila will need to update the Comprehensive Plan Housing Element and Background Report to include King County's most recent household targets. We will also prepare an updated housing analysis and inventory to guide future policy. Conclusion: Updated household targets, housing inventory and analysis for future needs will be completed as part of GMA Technical Update. II. NATURAL ENVIRONMENT ELEMENT Discussion: Comprehensive Plan Natural Environment element Policies 4.1.4 through 4.3.4 pertain to environmentally sensitive areas. TMC Chapter 18.45 (Zoning Code Sensitive Areas ordinance) guides development near environmentally sensitive areas such as steep slopes, wetlands and watercourses. Per RCW 36.70A.172 and .030(5), the City is required to: 1) review the critical (sensitive) areas ordinances to see if they incorporate the best available science and special consideration for anadromous fisheries; 2) identify sources of best available science used to develop the critical areas regulations; and 3) have policies that give guidance to its critical areas regulations, based on best available science. 02/12/042 Tukwila is in the process of reviewing its Comprehensive Plan policies and Development Codes relating to Sensitive Areas to incorporate "best available science" and consideration of anadromous fish. Tukwila's Sensitive Areas Ordinance (TMC Chapter 18.44) will be updated to incorporate the best available science and special consideration for anadromous fisheries as required in RCW 36.70A.172. The Natural Environment Element of the Comprehensive Plan will be evaluated and updated as necessary, based on best available science to guide policies and regulations for environmentally sensitive areas, including wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, and frequently flooded areas Conclusion: Tukwila is required to complete this information. Update of Natural Environment Element and, Sensitive Areas Ordinance in progress. III. TUKWILA URBAN CENTER ELEMENT Discussion: The Tukwila Urban Center (TUC) Sub -area Plan, now being prepared, is considered part of Tukwila's Comprehensive Plan. TUC Plan work will set policy direction and contain redevelopment specifics for the Tukwila Urban Center. Sub -area plans may not be inconsistent with the adopted Comprehensive Plan. RCW 36.70A.130(2)(a)(i), amended in 2002, allows a plan amendment more frequently than once a year for "[T]he initial adoption of a sub -area plan that does not modify the comprehensive plan policies and designations applicable to the sub area." A sub -area plan that does not change Comprehensive Plan policies can be adopted at any time, however a sub -area plan such as the TUC plan which proposes a change in policy may only be considered once a year, together with other proposed comprehensive plan amendments. Policy wording will be ready prior to development guidelines. The entire TUC Plan will not be ready for review and adoption until late 2004 or early 2005, after the December 1, 2004 deadline for amending the Comprehensive Plan has passed. Since the TUC Plan will contain policy changes and will not be completed until later in 2004, it would be necessary to delay Plan adoption by nearly a year, until the 2005 annual amendment process. To avoid this delay and in order to make the most efficient use of staff time, TUC- related policy changes will be considered separate from the rest of the Plan, and included in the 2004 annual Comprehensive Plan update. Once TUC related policy changes are adopted, the entire TUC Sub -area Plan can be considered and adopted when it is completed in later 2004 or early 2005, rather than waiting nearly an additional year. Conclusion: The City will revise Tukwila Urban Center policies per guidance of TUC Sub -area Plan work and Background Report update (in progress) III. UTILITIES ELEMENT Discussion: Staff prepared a new Comprehensive Surface Water Management Plan which proposes new or revised policies to the Comprehensive Land Use Plan per 02/12/043 revisions to the Growth Management Act. In addition, significant changes have occurred in other City utilities, including telecommunications and solid waste management. Conclusion: Staff will update data and revise policies requiring changes due to preparation and anticipated adoption of the Surface Water Management Plan, as well as any background information which is significantly out of date. IV. TRANSPORTATION ELEMENT Discussion: Staff review showed that the City has done the following as required by GMA: 1) worked with the regional planning organization to designate the levels of service on highways that are not of statewide significance; 2) incorporated the levels of service set by WSDOT for highways of statewide significance and eliminated these highways from the City's concurrency management system; 3) included an inventory of state transportation facilities in the City's jurisdictional area. In addition, Tukwila uses a variety of transportation strategies such as: Commute Trip Reduction (CTR), Transportation Management Plans (TMP), multi -modal facilities (trails, bus stops, commuter rail). Tukwila has designated LOS for local arterials. It has not as yet designated LOS for Regionally Significant State Highways (non -HSS) as recently required by the Puget Sound Regional Council, and needs to complete traffic estimates to several state -owned facilities, primarily Interstate -5. Conclusion: Most of the GMA requirements are met. However, Tukwila needs to amend the Transportation Element to address the following: LOS standards for non -HSS, and certain state -owned facilities; Update planning horizon Include any new or changed policies which result from updates to the Transportation Plan or Concurrency Ordinance. V. CAPITAL FACILITIES ELEMENT Discussion: Staff review of comments made from Washington CTED from the 1995 Comprehensive Plan adoption showed that information on the projected needs, current capacities and funding sources is scattered through various documents and sources. Conclusion: We recommend updating and consolidating capital facilities information to show assets and funding sources more clearly. IV. MAINTENANCE OF THE PLAN ELEMENT Discussion: The City is required to monitor the Comprehensive Plan, including: 1) a method for monitoring how well Comprehensive Plan policies and associated development regulations are achieving the goals of the Plan and of the GMA; 2) a process for amending the Comprehensive Plan; and 3) a definition of "emergency" for the purpose of amending the plan or development regulations outside of the yearly amendment process. Amendments must also be coordinated with King County and other cities. 02/12/044 Tukwila monitors the effectiveness of its Comprehensive Plan development regulations and other implementation techniques by addressing needed changes, performing analysis (such as the regular "Buildable Lands" analysis) and completing annual amendments to the Comprehensive Plan and Zoning Code. In addition, the City conducts periodic updates to related functional plans. The City sends a copy of proposed amendments to Washington Department of Community, Trade and Economic Development, other state and regional agencies. Conclusion: The plan monitoring requirements have been met, except for the emergency amendment." Tukwila needs to specify a definition and process for "Emergency Amendments" to the Comprehensive Plan by revising the Maintenance of the Plan Element and the Zoning Code. VI. Background Information: When the draft Comprehensive Plan was reviewed by State staff prior to its 1995 adoption, the reviewer indicated that the Comprehensive Plan map should include a "public lands" designation to identify lands useful for public purposes, such as facilities, utility corridors, transportation corridors, recreation, schools and/or other public uses. Conclusion: We will update a Comprehensive Plan map to include existing information to indicate a "public lands" designation per comments by Washington CTED. VII. Annual Amendments In addition to the preceding GMA- related issues, the City will consider applications for Comprehensive Plan policy and/or map changes which were received from private parties who submitted requests for annual amendments prior to the December 31, 2003 deadline. VIII Target Schedule January, 2004 Staff prepares annual amendments GMA public involvement work program with resolution February, 2004 Brief CAP and COW re annual amendments, GMA revision process scope Transmit scope of work/public process resolution to COW Brief Planning Commission re GMA process, annual amendments March, 2004 Public meeting re annual amendments; City Council threshold decision re annual amendments Public hearing on resolution/work plan/public process Adopt Resolution on work plan/public process Background information, policy drafts due from staff; Revise 02/12/045 Begin State Environmental Policy Act (SEPA) review for 2004 Comprehensive Plan April, 2004 Issue SEPA Planning Commission Briefing May, 2004 Planning Commission briefings Public open house Planning Commission hearing June, 2004 Planning Commission Deliberation July, 2004 Planning Commission prepares recommendations w/ ordinances; Submit recommendations to CTED to meet "60 day" requirement August, 2004 City Council briefings September, 2004 Public open house City Council Hearings October, 2004 City Council Deliberation November, 2004 City Council adopts ordinances Ordinances forwarded to CTED 02/12/046 COUNCIL AGENDA SYNOPSIS Meeting Date 2/10/04 2/23/04 Initials I Prepared by 1 Mayor's review/ Council review 1 SL M" I I SL I I I I I I I I I ITEM INFORMATION I CAS Number: 04-027 I Original Agenda Date 10/27/03 Agenda Item Title: Contract with EcoNW Economic Consultants Original Sponsor: Council Admin. X Timeline: Sponsor's Summary: This contract amendment responds to the evolving TUC Planning process by providing for more detailed work for two tasks from the original scope of work: 1) market analysis absorption population and employment forecasts, and 2) fiscal analysis analyzing and describing potential City financial resources and benefits from recommended expenditures. It will be funded form the TUC grant and is structured as a time and materials contract with a not to exceed amount of $20,000. Recommendations: Sponsor: Committee: Forward to Council Administration: Cost Impact (if known): Not to exceed $20,000 Fund Source (if known): TUC Grant RECORD OF COUNCIL ACTION Meeting Date I Action 2/10/04 I Forward to the Council of the Whole Meeting Date 2/10/04 2/23/04 Staff Memo to CAP CAP Minutes Proposed Contract with EcoNW Staff Memo Proposed Contract with EcoNW CAP Minutes dated 2/10/04 APPENDICES Attachments ITEM No. TO: Mayor Mullet Council of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract with ECO Northwest DATE: February 11, 2004 RE: TUC Eco NW contract amendment Background City of Tukwila Department of Community Development Steve Lancaster, Director As part of our staff/consultant TUC planning team, Terry Moore and Brett Shedder of EcoNW have provided technical assistance with economic and fiscal issues related to the planning of the Tukwila Urban Center (TUC) and the transit- oriented development (TOD). The original contract amount for $59,928.26 was approved in February, 2003. However, the project has continued to evolve and additional Economic analysis is needed. Pronosed Contract Amendment MEMORANDUM Steven M. Mullet, Mayor The enthusiasm of the Public and the Council for the TUC Plan's evolving concepts of: 1) the City's investment in "catalyst" public amenity and associated transportation improvements and 2) focused residential development along the river, is apparent. Like any major investment, detailed economic analysis is warranted to ensure that these specific capital investments and zoning changes "work" in an economic sense. This $20,000 contract amendment will be funded by the existing TUC /TOD grant. It provides additional, more detailed analysis on more general work contained in the original EcoNW contract's Scope of Work. Specifically, this contract amendment provides for more detailed work for two tasks (Task 2, original scope) market analysis absorption population and employment forecasts, and (Task 3, •original scope) fiscal analysis analyzing and describing potential City financial resources and benefits from recommended expenditures. The current status of these analyses and additional work needed are described below: a) Market analysis absorption population and employment forecasts. The work on population and employment forecasts is done. The work on market analysis and G:\PLANNING\LYNNM \TUC \Contracts\Ivtarket analysis \administrative\amendment 1.04 \ECOCO W.DOC Page 1 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 absorption needs to be expanded to respond to the details of the Plan elements worked out in November and approved by City Council Additional new work on "retail entitlements" also remains to be done. b) Fiscal analysis. Eco NW has completed initial general work and submitted it to the City. Further work is needed to build on those points, and incorporate information on development costs into a full fiscal picture of the costs and revenues that the TUC Plan would generate for the City. COMMUNITY AFFAIRS AND PARKS COMMITTEE ACTION Reviewed the draft contract and sent it to the COW for consideration. REOUESTED ACTION Review the draft contract and forward to the full Council for consideration. G:\PLANNING\LYNNM \TUC \Contracts\Market analysis \administrative\amendment 1.04 \ECOCO W. DOC Page 2 fL JL% City of Tukwila Contract for Services Amendment Between the City of Tukwila and ECONorthwest That portion of Contract No. 03 -069 between the City of Tukwila and ECONorthwest (ECO) is amended as follows: New Exhibit: EXHIBIT 13-2 ADDENDUM PROJECT NO. TCSP -TCSP (010) SCOPE OF WORK The two tasks outlined below are extensions and refinements to Tasks 2 and 3 from the original scope of work. Tasks 2 and 3 called for ECO to assist the TUC team in development of a "final scenario for the proposed development of the TUC City Center. As a result of the work of recent months, the team now has in place two final scenarios (or preferred alternatives) for the City Center Development: the Mall-to -Pond and Mall- to- Station alternatives. Both of these will need some additional analysis, and a preferred alternative will need more detailed analysis than specified in Tasks 2 and 3 The following two tasks are designed to help the TUC planning team take the next step and begin to explore potential avenues for implementation of the alternatives. They are expansions of and replacements for Tasks 2 and 3 of the original scope of work. These tasks are: Task 1: Gap analysis Task 2: Fiscal strategies assessment The City and ECO have tentatively agreed that analysis and conclusions of Tasks 1 and 2 will be combined into a single report: this scope of work assumes a single report (draft and final). TASK 1: GAP ANALYSIS In summary, the gap analysis is an estimation of (1) the cost associated with development of the private components of the TUC City Center Development, (2) the market return that the developer could expect to receive from that investment, and (3) the gap between the costs and returns, if any, that would need to be covered by public funds to ensure that the development could go forward. As we see it, such gap analyses would definitely be performed for the Mall-to- Station alternative. They may or may not be needed for the Mall- to-Pond alternative depending on the final definition of that alternative. The reasons: (1) if in the final alternative all the new development is being done by the mall on its property, an evaluation of the performance and absorption of that development may not be necessary; and (2) the project team may judge, based on recent information from meetings with Target and Westfield, that there is not enough current support from these businesses to make the Mall-to -Pond alternative viable The components of the analyses would include: Defmition of the critical components of the City Center Development that would be driven by private sector developers.. ECO would work with FTB to identify, among other things: The parcels that would need to redevelop, at a minimum, to allow the City Center Development to succeed. Reasonable assumptions about the land use categories and configurations that would go on the redeveloping properties. Assumptions about public im ....ents that would be associated with each set of private- sector developments. These improvements are primarily the ones that get the project launched, and have been called by the study team the catalyst improvements. (These assumptions would not play a direct part in the gap analyses, but would be important as a check to ensure that total cost estimates include the full set of private and public sector improvements.) Estimation of development costs, including the costs of land acquisition, construction, and carrying costs. Estimation of the value of the development upon completion of the project in present value terms. Implicit in such an estimation are assumptions about market absorption, and about the costs and value of development in the TUC relative to competing areas (which implies some analysis of comparable sales and interviews). Discussion of retail entitlements (optional). Findings in a technical memorandum (similar in format to others we have produced for this project). A final section would discuss the implications of our analysis. This is the same memorandum that would include the evaluation described in Task 2, following. ECO will be looking at the gap under the assumption that the City has provided all the improvements (as described in the next section). If the analysis of rents and absorption, compared to development cost, results in a less -than market rate of return, there is a gap. The gap would, of course, be even bigger if the assumption were that the developer had to pay some portion of the improvements described in Task 2. TASK 2: FISCAL STRATEGIES ASSESSMENT ECO's role here will be to assemble cost and financial information provided by others in a consistent format. Other team members (the City, Mirai, FTB) will provide ECO with a list of catalyst improvements for the development scenario, a description of what they are and an estimate of their costs, and any additional information they have available that they believe relevant to the level of ECO's analysis (e.g., timing or phasing; known funding sources). Upon receipt of these cost estimates, ECO will include an estimate of the potential gap financing cost estimated in Task 1, thereby generating an estimate of the total public cost of implementation for each preferred alternative. In addition to assessing implementation costs, ECO will also assess potential financing mechanisms and strategies to accomplish the TUC City Center Development. The assessment of potential funding mechanisms would include: Cataloging potential sources of funds, including the City's remaining untapped taxing authority, anticipated new revenue streams, and potential Local Improvement District funding. An assessment of the performance of funding strategies, including an assessment of potential revenues and the incidence of potential new taxes or levies on different categories of payers. The focus of both Task 1 and 2 is on the development of the City Center alternatives over the analysis period, not on the overall development of the TUC. If the City desires a broader description of capital improvements (e.g., for a larger area or over a longer period), it will provide ECO with the necessary information about all improvements, and ECO will incorporate that in formation as a table in its memorandum. COMPENSATION Compensation for the tasks included in the amended Scope of Work (Exhibit B -2) shall not exceed $20,000. Compensation for the entire contract (as amended) shall not exceed $79,928.26. DURATION OF AGREEMENT This agreement shall be extended in full force and effect for a period commencing February _,2004 to December 31, 2004. All other provisions of the contract shall remain in full force and effect. DATED this day of 20 CONTRACTOR CITY OF TUKWILA Steven M. Mullet, Mayor ATTEST /AUTHENTICATED APPROVED AS TO FORM Jane E. Cantu, CMC, City Clerk City Attorney Present: Pam Linder, Chair; Dave Fenton, Joe Duffle e Steve Lancaster, Rebecca Fox, Jack Pace, Lucy Lauterbach V Committee chair approval Community and Parks Committee February 10, 2004 1. Annual Amendment to the Comp Plan Amendments to the Comp Plan are allowed only once a year unless there is an emergency. Staff is preparing changes to the Comp Plan, but because of their workload in other areas, they are doing minimal changes to comply with changed Growth Management Act (GMA) regulations, and three requests that have been submitted by members of the public. Anything beyond these issues will need to be proposed for the 2005 budget, as time does not allow more to be done this year. A proposed public participation schedule was reviewed, and the Committee thought it was very thorough. Expanding on the technical changes that will be proposed by staff, Steve went through the update issues briefly, and Rebecca's memo gave a little more detail. Those issues will be an expanded checklist that relies somewhat on the old comp plan EIS. Steve said some issues could be controversial though they won't be major issues. Our comp plan policies will all be reviewed, and then the GMA regulations will be reviewed to see which of our policies needs to be updated. Dave asked how we could make sure our mailing list reached everyone, and was told the most current list will be used, and anyone who shows an interest in the subject can be contacted. The Hazelnut will also be used to inform citizens about the process. Recommend resolution to COW. 2. Charles River Associates Contract Since fall of 2001 the City has contracted with Charles River in order to use the extensive knowledge and contracts of Dan Brand who works there. Mr. Brand is a pre- eminent expert in the field of parking, and has helped the City do a bit of planning for Sound Transit in this field. Now the work will intensify and his help will be more heavily relied on. Steve pointed out that the contract is not inexpensive, but that it is worth every penny. Sound Transit's original documents referenced Mr. Brand, so they can't say he's not creditable. Recommend contract to COW. ECO Northwest contract Two associates from ECO NW have worked with the City as the plans for the TUC and TOD have begun. They are working with the economic and fiscal issues about the two areas. The next phase will take an in -depth look at markets for housing and development for the TUC/TOD areas. Whether it will pay to build specific housing and retail in certain areas will be looked at from a perspective of whether or not it makes sense. This company's work is paid through a grant. Pam raised the issue of this study having large implications, and said it needed to be compared to the Westfield Mall/Klickitat expansion, Tukwila Village, and the Segale developments. All will be vying for city funds, and priorities will need to be set. Pam said it's hard to compare the costs and benefits of all these projects. Recommend contract to COW. I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 2/10/04 Meeting Date 2/10/04 2/23/04 COUNCIL AGENDA SYNOPSIS Meeting Date 2/10/04 2/23/04 Council Forward to COW Not to exceed $50,000 Forward to the Council of the Whole Admin. X Initials Prepared 1 1 Mayor's review SL SL 1 LW. I "I I ITEM INFORMATION CAS Number: 04-028 Original Agenda Date 10/27/03 Agenda Item Title: Contract with Charles River Associates Charles River Associates has been a consultant to the City for the past two years providing technical review of the parking and transportation related impacts of the Link Light Rail project. Attached is a new contract for your consideration. It is structured as a time and materials contract with a not to exceed amount of $50,000. RECORD OF COUNCIL ACTION Action APPENDICES Attachments Staff Memo to CAP CAP Minutes Proposed Contract with Charles River Associates Staff Memo Proposed Contract with Charles River Associates CAP Minutes dated 2/10/04 Council reyiew J 1.-11 v I- ft ITEM No. 3c. L BACKGROUND PROPOSED CONTRACT City of Tukwila ila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet Council of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract with Charles River Associates DATE: February 11, 2004 Dan Brand of Charles River Associates has been a consultant to the City since September, 2001. He has provided technical review of the parking and transportation related impacts of the proposed Link Light Rail project. The original contract amount for $24,500 was approved in September, 2001 and a second contract for $10,500 was approved in November 2002. These contract amounts have been exhausted, however the project has continued to evolve and so the need for his expertise is ongoing. We have drafted a new contract for your consideration (see attached). It is structured as a time and materials contract with a not -to- exceed amount of $50,000. This contract is intended to cover Mr. Brand's ongoing work in responding to Sound Transit's proposals, including aiding in the City's parking requirement determination for the 154 Street Station park and ride and potentially conducting peer review of portions of any related traffic impact analyses. COMMUNITY AFFAIRS AND PARKS COMMITTEE ACTION Reviewed the draft contract and sent it to the COW for consideration. REOUESTED ACTION "Review the draft contract and forward to the full Council for consideration. /Milan brand rnntrartRrni l fl nor Paae1 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 CONSULTANT AGREEMENT FOR TRANSPORTATION CONSULTING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Charles River Associates Incorporated, 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 perfonn transportation consulting services in connection with the City's review of the Link Light Rail project. 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. Time for Performance. Work under this contract shall commence upon the giving of 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 before September 30, 2004, unless an extension of such time is granted in writing by the City. 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 provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $50,000 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. 11 Payment is 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 state for a period of three (3) years after final payments. Copies shall be made available upon request 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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. 9. 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. 10. 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. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 12. 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. 13. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the 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 Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 14. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing Party. 2 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southeenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Paul T. Leuchte Charles River Associates Incorporated John Hancock Tower, T -33 200 Clarendon St. Boston, MA 02116 -5092 16. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2003. CITY OF TUKWILA CONSULTANT Steven M. Mullet, Mayor Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney By: Printed Name:James M. Wells Title: Vice President Controller 3 Exhibit A Scope of Services Charles River Associates will provide technical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail System. These services will include, but not be limited to: o reviewing reports submitted by Sound Transit, o participating in technical review meetings either in person or by conference call, o providing expert testimony at public hearings, o performing independent parking demand forecasts and o technical memoranda and brief reports including a final report containing best estimates of parking demand at the South Ise Street station in 2011 and 2020. o making recommendations to the City on parking and transportation topics. 4 2001 STANDARD COSTS AND BILLING RATES TITLE Exhibit B Payment Schedule Charles River Associates will provide services on a Cost Plus 10% Fee Basis per the following schedule. Expenses for travel and outside photocopying will be billed at cost plus General Administrative (G &A). Library search and data acquisition services charges include an amount designed to recover the fixed costs of providing these services. Miscellaneous expenses for telephone, facsimile, on -site copying, courier, shipping, postage and supplies are allocated on a pro rata basis and will be billed at cost plus G&A. US STD 2001 Govemment LEVEL RATE Hourly Hourly WITHOUT Fee WITH 10% Fee OFFICERS 02 $81.00 $224.53 5246.99 PRINCIPALS 04 $69.00 $191.27 $210.39 SA's 06 $57.00 $158.00 5173.80 SA's 08 552.00 $144.14 5158.56 SA's 10 $47.00 $130.28 5143.31 SA's 11 $47.00 $130.28 5143.31 SA's 12 540.00 $110.88 5121.97 SA's 13 $37.00 $102.56 5112.82 SA's 14 $36.00 $99.79 5109.77 ASSOCIATES 16 $31.00 $85.93 594.53 ASSOCIATES 19 $23.00 563.76 570.13 ANALYSTS 23 $19.00 $52.67 557.93 SUPPORT 18 526.00 572.07 579.28 SUPPORT 22 522.00 560.98 567.08 SUPPORT 24 $14.00 $38.81 542.69 FRINGE 0.5472 OM 0.6642 G&A 0.0767 G&A SUBS 0.0839 COST MULTIPLIER 52.77 MULTIPLIER W/ 10% FEE $3.05 5 Community and Parks Committee February 10, 2004 1� Present: Pam Linder, Chair; Dave Fenton, Joe Duffle r C. Steve Lancaster, Rebecca Fox, Jack Pace, Lucy Lauterbach 1. Annual Amendment to the Comn Plan Amendments to the Comp Plan are allowed only once a year unless there is an emergency. Staff is preparing changes to the Comp Plan, but because of their workload in other areas, they are doing minimal changes to comply with changed Growth Management Act (GMA) regulations, and three requests that have been submitted by members of the public. Anything beyond these issues will need to be proposed for the 2005 budget, as time does not allow more to be done this year. A proposed public participation schedule was reviewed, and the Committee thought it was very thorough. Expanding on the technical changes that will be proposed by staff, Steve went through the update issues briefly, and Rebecca's memo gave a little more detail. Those issues will be an expanded checklist that relies somewhat on the old comp plan EIS Steve said some issues could be controversial though they won't be major issues. Our comp plan policies will all be reviewed, and then the GMA regulations will be reviewed to see which of our policies needs to be updated. Dave asked how we could make sure our mailing list reached everyone, and was told the most current list will be used, and anyone who shows an interest in the subject can be contacted. The Hazelnut will also be used to inform citizens about the process. Recommend resolution to COW. t 2. Charles River Associates Contract Since fall of 2001 the City has contracted with Charles ver in order to use the extensive knowledge and contracts of Dan Brand who works there. Mr. Brand is a pre- eminent expert in the field of parking, and has helped the City do a bit of planning for Sound Transit in this field. Now the work will intensify and his help will be more heavily relied on. Steve pointed out that the contract is not inexpensive, but that it is worth every penny. Sound Transit's original documents referenced Mr. Brand, so they can't say he's not creditable. Recommend contract to COW. 3. ECO Northwest contract Two associates from ECO NW have worked with the City as the plans for the TUC and TOD have begun. They are working with the economic and fiscal issues about the two areas. The next phase will take an in -depth look at markets for housing and development for the TUC/TOD areas. Whether it will pay to build specific housing and retail in certain areas will be looked at from a perspective of whether or not it makes sense. This company's work is paid through a grant. Pam raised the issue of this study having large implications, and said it needed to be compared to the Westfield Mall/Klickitat expansion, Tukwila Village, and the Segale developments. All will be vying for city funds, and priorities will need to be set. Pam said it's hard to compare the costs and benefits of all these projects. Recommend contract to COW. Committee chair approval w COUNCIL AGENDA SYNOPSIS Z 0 I i2 I 1908 CAS Number: 04-029 Original Sponsor: Timeline: Sponsor's Summary: Ita 1 Meeting Date 2/23/04 off(- 09 9 Meeting Date 2/23/04 Agenda Item Title: Approve Memorandum of Understanding between the City and WSDOT for The I-405 Congestion Relief and Bus Rapid Transit Projects. Council The WSDOT I -405 Congestion Relief and Bus Rapid Transit Projects, collectively known locally as the I-405 Widening Project, is a detailed and long -range project which requires cooperative relationships between agencies. WSDOT is working with each jurisdiction along the I -405 corridor to establish Memorandums of Understanding (MOU). These MOU' s establish the "ground rules" for interagency cooperation and future working relationships as the projects progress. Recommendations: Sponsor: Recommend Mayor sign the Memorandum of Understanding with WSDOT. Committee: Forward to COW and then Regular Council. Administration: Same as sponsor. Cost Impact (if known): Fund Source (if known): Sh.' �APPENDYCES Initials Prepared by 1 Mayor's review 1 Council review I I I I I I ITEM XNFOIWk opyoF Original Agenda Date: February 23, 2004 Admin. Public Works Action Meeting Date 1 Attachments 2/23/04 I Information Memo dated February 3, 2004 Memorandum of Understanding with WSDOT Transportation Committee Meeting Minutes from February 9, 2004 (I 405 Implementation Plan provided under separate cover.) ITEM NO. 3. INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: February 3, 2004 VV Subject: I -405 Congestion Relief Bus Rapid Transit Proiects ISSUE Briefing on the WSDOT I -405 Congestion Relief and Bus Rapid Transit Projects (I -405 widening) and consideration of a draft Memorandum of Understanding between Tukwila and WSDOT which establishes cooperative relationship boundaries for the long -term project. BACKGROUND In April 2003, the Washington State Legislature passed a statewide transportation funding plan known as the "Nickel Package," which includes $485 million dedicated to three critical areas along I -405. One of those areas is in Renton with a small portion of the project area in Tukwila. Longer range plans underway at WSDOT include two more phases of improvements to the I -405 corridor of which the first of these two phases could be funded through voter passage of the future Regional Transportation Investment District (RTID). ANALYSIS The I -405 project is a very large and complex process that requires a great deal of inter agency coordination and cooperation. In order to establish a thorough understanding of the project phasing and how the City and WSDOT will work together over the duration of the entire design build project, the attached draft Memorandum of Understanding (MOU) has been developed. This MOU is the first of many agreements to be made between the two agencies and is not intended to cover all possible topics associated with the I -405 project. The purpose of this agreement is simply to establish `ground rules' on how WSDOT and the City of Tukwila will work toward the successful completion of the I -405 project. WSDOT staff will be present during the Transportation Committee meeting to provide a briefing on the project status as well as participate in discussions on the draft MOU. RECOMMENDATION Give input on draft MOU and direct staff on where and when to present it next for Council approval and mayoral signature. attachment h:\pubworks\cyndy\i- 405 \information memo i-405 mou briefing 2- 9-04.doc MEMORANDUM OF UNDERSTANDING ESTABLISHING A COOPERATIVE RELATIONSHIP BETWEEN THE CITY OF TUKWILA AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE I -405 CONGESTION RELIEF BUS RAPID TRANSIT PROJECTS THIS Memorandum of Understanding is made this day of between the City of Tukwila (hereinafter referred to as CITY) and the Washington State Department of Transportation (hereinafter referred to as WSDOT). 1. BACKGROUND WSDOT is a department of state govemment with all powers, duties, and functions to coordinate transportation modes and to develop and maintain a statewide transportation system meeting the needs of the State of Washington as provided in RCW chs. 47.01. WSDOT owns and operates an extensive system of highways, high occupancy vehicle lanes, park and ride lots, and access ramps serving transit and carpools. On April 27, 2003 the Washington State Legislature approved a statewide transportation- funding plan called the "Nickel Package which includes $485 million to bring congestion relief to three critical I -405 hotspots in Renton, Bellevue and Kirkland. The funding provides for environmental, design and construction of "Nickel" projects as well as "5 design of a long -range mobility strategy called the I -405 Master Plan. The phasing and funding of the I -405 Master Plan consists of the Phase I "Nickel" projects, the Phase II "Implementation Plan", and Phase III "Master Plan". Planning, designing, constructing and operating these improvements is a complex task, requiring maximum cooperation between CITY and WSDOT. "Nickel" Projects The new facilities and services included within the South Renton "Nickel" project are described in Appendix A. Elements of this plan contained within the City of Tukwila include a portion of a proposed northbound auxiliary lane between SR -181 (West Valley Highway) and SR -167 (East Valley Highway). Implementation Plan The I -405 Executive Committee endorsed an Implementation Plan on October 2, 2003. The Implementation Plan, described in Appendix B, represents projects that could be built over a ten -year period if major transportation funding decisions occur. This phase may be partially funded through the Regional Transportation Investment District (RTID). It is anticipated that if the RTID passes in a timely manner, the South Renton "Nickel" funds will be rolled into the Implementation Plan, rather then used for construction of the Tukwila WSDOT MOU Page 1 February 2004 South Renton "Nickel" project. Elements of the Implementation Plan contained within the City of Tukwila include the following One additional eastbound general purpose lane under I -5, connecting SR -518 to I- 405 with a two -lane section. One additional lane in each direction of I -405. Replacement of the 61 Avenue South structure over I -405 to accommodate the widened I -405, including exploring bridge replacement locations. Replacement of the 66 Avenue South (Christensen Road) structures over I -405 to accommodate the widened I -405. In replacing this structure, aligning the 66 Street replacement structure with E. Andover Parkway will be considered. Removal of the Tukwila Parkway to northbound I -405 "slip" ramp and extension of the Tukwila Parkway east over the Green River to a new intersection with SR- 181. This improvement will provide traffic on Tukwila Parkway access to northbound I -405 through the reconstructed south half of the I- 405 /SR -181 interchange. Reconstruction of the south half of the I -405 SR -181 (northbound only) interchange to connect the I -405 northbound off -ramp to the proposed Tukwila Parkway extension. Improving SR -181 to 6 lanes at I -405. It is anticipated that the I -405 facilities included in the Implementation Plan will accommodate the proposed Master Plan improvements to the extent feasible. Master Plan The I-405 Master Plan, which was developed through an extensive public involvement process with an encompassing Environmental Impact Statement, reached a Federal Record of Decision (ROD) in October 2002. The ROD identified a selected alternative, which is the basis for the I -405 Master Plan. The Master Plan, described in Appendix C, is a 20 -year vision of multi -modal improvements to the freeway, transit system, and arterials along the I -405 corridor, stretching from Tukwila to Lynnwood. Elements of this plan contained within the City of Tukwila include the elements listed above for the Implementation Plan and the following additions: One additional lane (plus the one additional lane included with the Implementation Plan) in each direction of I -405 from the I- 405/I -5 (Tukwila) interchange to the I- 405 /SR -167 interchange. Reconfigure the I- 405/1 -5 Tukwila Interchange by adding a freeway -to- freeway direct connector for eastbound SR -518 to northbound I -5 general purpose traffic, and adding freeway -to- freeway HOV direct connectors in each direction between northbound and southbound I -5 and I -405 east of I -5. Convert the SB I -405 to NB I -5 HOV direct connector connection to I -5 from a right -side on to a left side on connection. Add I -405 HOV direct accesses at Tukwila in the vicinity of the commuter rail station. Tukwila WSDOT MOU Page 2 of 10 February 2004 Design Refinement The Implementation Plan and "Master Plan" phasing descriptions described above reflect what we know today based on the current conceptual -level of design and RTID funding discussions. The design will evolve as the level of design becomes more detailed, RTID funding levels are determined and design options are evaluated. The developed design is anticipated to fit within the definition of the "Selected Alternative" as documented in the October 2002 Environmental Impact Statement Federal Record of Decision. Based on this background, it is mutually agreed as follows. 2. PURPOSE The purpose of this Memorandum of Understanding is to establish working principles by and between CITY and WSDOT to facilitate the design, construction, and operation of capital projects of those portions of the "Nickel Implementation and Master Plan that reside within the CITY. 3. GOALS The goal of the principles is as follows: Describe the general relationship between WSDOT and CITY that will facilitate WSDOT's primary commitment to in deliver the "Nickel" projects within the schedule, as mandated by the Legislature, and secondly, will facilitate formulation of the Implementation Plan and Master Plan, beginning from the early stages of the NEPA Environmental Assessment through the final stages of construction. The organizational structure is contained in Appendix D. Commit to planning, designing and constructing projects, and integrating programs in a timely manner within the defined schedule (see Section 6). Declare intent to execute future agreements to implement the "Nickel" Project, the Implementation Plan, and the I -405 Master Plan within the City of Tukwila, as funding becomes available. 4. PRINCIPLES A. Nickel, Implementation and Master Plan investments are to provide an efficient, integrated, multimodal system of phased transportation solutions within the corridor. B. The projects and services implemented for I -405 will provide for maintenance or enhancement of livability for communities within the corridor, including maintenance or improvement of air quality, protection or enhancement of fish bearing streams and the continued integrity of the natural environment. Tukwila WSDOT MOU Page 3 of 10 February 2004 C. The CITY and WSDOT are committed to supporting a vigorous state and regional economy by responding to existing and future travel needs. D. Nickel, Implementation and Master Plan investments will accommodate planned regional growth by incorporating regional and local planning documents into the design analysis. E. WSDOT and CITY will coordinate respective capital programs to take advantage of opportunities to reduce cost and increase benefit. Allocation arrangements will be negotiated within individual agreements between relevant entities to ensure that the cost of joint projects is assigned on a proportional basis. F. WSDOT and CITY will work together to pursue additional grants or other funds where value can be added to specific capital projects or where added projects can add significant benefits to the I -405 Master Plan. G. Construction schedules will be coordinated and managed such that disruption to the public and construction contracting community is kept at acceptable levels. It is recognized that a need exists to work with the CITY to define construction limitations that address access to the Tukwila Urban Center during the Christmas holiday season. H. WSDOT will perform the lead role on I -405 Corridor community involvement. WSDOT will keep the CITY informed of the community involvement activities it is undertaking and provide involvement roles for CITY when appropriate. I. Recognizing the above principles and the complexities of the tasks involved in them, CITY and WSDOT will expedite processes as scheduled, including but not necessarily limited to: Identify qualified representatives to ensure timeliness and effectiveness of discussions and decisions. Organize functions to ensure good communication between team representatives and between teams and the respective organizations. Evaluate processes on an on -going basis to minimize time required to design and construct projects, and when possible, run processes in parallel instead of sequentially. J. Issues of conflict will be referred to the appropriate resolution process to reach agreement expeditiously and at the lowest level of hierarchy in accordance with the "Tukwila Advisory Process" flow chart, included in Appendix D The spirit of these discussions will ensure rapid resolution, maximum cooperation, respect for financial responsibilities, and high integrity of individual and organizational missions. Tukwila WSDOT MOU Page 4 of 10 February 2004 5. STRUCTURE A Tukwila Advisory Committee (TAC) will be formed to address I -405 project related issues. This TAC will function as indicated in the "Tukwila Advisory Process" flow chart. The CITY will provide the City Engineer and a Senior Engineer to serve on the "Tukwila Advisory Committee WSDOT will provide the South Renton Contract Manager and the Tukwila/Renton/Bothell Segment Manager to serve on the TAC. The TAC will provide a central CITY forum by which WSDOT can bring preliminary design sketches and information to gain CITY feedback on project options. As appropriate, the TAC will form Task Forces to coordinate specific issues. The Task Force will appoint a chair to report back to the TAC. The Task Forces will cease when the reason for forming has been resolved. As the project progresses into construction, the TAC will continue to be a forum for the discussion of project related issues. 6. SCHEDULE The primary goal of the I -405 project is to deliver the "Nickel" Projects within the schedule as mandated by the Legislature. To accomplish this goal, the following is the anticipated I- 405 "Nickel" schedule for the Tukwila segment work: July 2003 Start "South Renton" footprint design January 2004 Mainline "Best Fit" Analysis Briefing to TAC Late January 2004 "Nickel" and Implementation Plan Evaluation and Determination of Final Mainline Configuration November 2004 Start South Renton "Nickel" design January 2005 Start South Renton "Nickel" Environmental Assessment July 2005 Complete 5% Implementation Plan footprint July 2005 Complete 15% design for South Renton "Nickel" packages July 2006 Complete South Renton "Nickel" Environmental Assessment and Design Build RFP package 2007 -2009 Construct South Renton "Nickel" Project If an RTID .public vote is held and approved in the fall of 2004, it is anticipated that the "Nickel" funding will roll into funding for developing the "Implementation Plan". The following is the anticipated I -405 "South Renton" Implementation Plan scheduled for the Tukwila segment work: February 2005 South Renton EA Design Refinements Public and Agency Scoping Meetings Summer 2006 NEPA South Renton Project Clearance July TBD Begin Right of Way Negotiations and Acquisitions April TBD Award Design/Build Contract June TBD Design-Build Design Complete June TBD Project Complete Tukwila WSDOT MOU Page 5 of 10 February 2004 7. FUNDING Both WSDOT and CITY will provide staffing as needed to assist in the Tukwila Advisory Committee's work. It is further agreed that each agency will fund their respective costs associated with staff time for coordination of the committee's activities. If, due to the successful approval of the RTID, the program and staffing needs are substantially impacted, WSDOT and the CITY will re -assess how to meet the CITY's staffing needs. 8. DISPUTE RESOLUTION WSDOT and CITY will work collaboratively to resolve disagreements arising from activities performed under this Memorandum of Understanding. Disagreements will be resolved promptly and at the lowest level of hierarchy 9. TERMINATION This Memorandum of Understanding may be terminated upon the mutual consent of the parties. 10. ENDORSEMENT IN WITNESS WHEREOF, the parties hereto hereby agree to the terms and conditions of this Memorandum of Understanding as of the date first written above. For Washington State Department of For City of Tukwila Transportation Craig Stone Project Director Tukwila WSDOT MOU Steven Mullet Mayor, City of Tukwila Page 6 of 10 February 2004 APPENDIX A "NICKEL" PROJECTS Effective July 1, 2003, the nickel gas tax provides $485 million to fund Phase I of the Master Plan, which includes early -start improvements to bring congestion relief to three critical 1 -405 traffic hotspots in Renton, Kirkland, and Bellevue. The new facilities and services within the Renton Nickel Project: Add one new northbound lane from SR -181 (West Valley Highway) to SR- 167 (Valley Freeway); Add one new southbound lane from SR -169 (Maple Valley Highway) to SR- 167; and Provides congestion relief by adding a 3`' lane at the I -405 connection to southbound SR -167. This will be accomplished by extending the southbound SR -167 HOV north past the connection point. Tukwila WSDOT MOU Page 7 of 10 February 2004 APPENDIX B IMPLEMENTATION PLAN The I -405 Executive Committee endorsed an Implementation Plan on October 2, 2003 that improves the I -405 multi -modal corridor continuously from I -5 in Tukwila to SR -522 in Bothell and accommodates the I -405 "Selected Alternative The new facilities and services within the Implementation Plan include: Adds one eastbound lane under I -5, connecting SR -518 to I -405 Adds one lane in each direction from I -5 to SR -167 in Renton Adds two lanes in each direction from SR -167 in Renton to I -90 Adds one lane in each direction from I -90 in Bellevue to SR -520 Adds two lanes in each direction from SR -520 to NE 124 in Kirkland Adds one lane in each direction from NE 124 in Kirkland to SR -522 in Bothell Adds one southbound lane from I -405 to SW 41 and one northbound lane from S. 180 to I -405. Reconstructs the SR 167 interchange as two independent overlapping interchanges: o One interchange to handle the I -405 to SR -167 system -to- system traffic by constructing a freeway -to- freeway direct connector for southbound I -405 to southbound SR -167 general purpose traffic, and constructing freeway to- freeway direct connectors between SR -167 and north I -405 for HOV traffic. o A second interchange to handle I -405 to local (Renton) street traffic by constructing a one -way frontage road couplet system with proposed I -405 connections to Talbot and Lind, and no connections to SR -167. o Three of the four existing I- 405 /SR -167 interchange "loop" ramps will be removed and replaced with the interchange improvements noted above, with only the northbound SR -167 to southbound I -405 ramp remaining in operation. Constructs Bus Rapid Transit line with stations, HOV direct access ramps, park and -ride lots, and bus service. Expands the vanpool program More detailed descriptions of the above items are included in the Option C Implementation Plan, dated January 2004. Tukwila WSDOT MOU Page 8 of 10 February 2004 APPENDIX C MASTER PLAN The I -405 Record of Decision dated October 2002 defines the Selected Alternative. When fully implemented, the projects Master Plan will add up to two new lanes in each direction on I -405, create about 1,700 new vanpools, 50% more transit service, and 5,000 new park -and -ride spaces. A new Bus Rapid Transit system with stations and stops will also be part of this project and storm water runoff and salmon habitat will be substantially improved. The Selected Alternative within the cities of Tukwila and Renton includes the same elements as described in Appendix B for the Implementation Plan with the following additions: One additional lane (plus the one additional lane included with the Implementation Plan) in each direction of I -405 from the I- 405/1 -5 (Tukwila) interchange to the I- 405 /SR -167 interchange. Reconstruct the I- 405/I -5 Tukwila Interchange by constructing a freeway -to- freeway direct connector for eastbound SR -518 to northbound I -405 general- purpose traffic, and constructing freeway -to- freeway direct connectors between I- 5 and east I -405 for HOV traffic. Complete the I- 405 /SR -167 Interchange reconstruction by constructing a freeway to- freeway direct connector for northbound SR -167 to southbound I -405 general- purpose traffic, constructing freeway -to- freeway direct connectors between SR- 167 and south I -405 for HOV traffic, realigning Rainier Avenue South (SR -167) so the section north of I -405 connects to East Valley Road south of 1 -405, and constructing two new ramps connecting south SR -167 with East Valley Road in the vicinity of SW 27 Street. Construct I -405 HOV direct accesses at Tukwila in the vicinity of the commuter rail station and at Rainier Avenue South. Construct a SR -167 HOV direct access at SW 27 Street. Transportation Demand Management Transit service expansion Bus Rapid Transit Center Tukwila Commuter Rail Station HOV Express On I -405 with Direct Access Ramps SR -181 (Commuter Rail Station) Add Park Ride Capacity 700 spaces to the Tukwila Renton vicinity Add transit center capacity to meet demand Tukwila Expand capacity of north -south arterials o SR -181 Strander to S. 200th o SR -181 144th to Grady Way o Southcenter Parkway Tukwila Parwkay to Strander Blvd. Upgrade Arterial Connections to I -405 SR -181 West Valley Highway /Interurban Corridor Pedestrian and Bicycle Improvements o I- 405/1 -5 via or around I- 405/1 -5 Interchange Add ped/bike facilities o SR- 181/W. Valley Hwy crossing I -405 from Strander Blvd to Fort Dent Way Add bike lane Tukwila WSDOT MOU Page 9 of 10 February 2004 APPENDIX D TUKWILA ADVISORY PROCESS r 4 0 d to N 3 C -4 41 a� d O d be, d 4 es d N Z 0 d ASV 1 d u E 0E of I t .20 in vE q o J E.. as 'Ell L 1 T A 1 1 1 1 i I t 1-0 0 0p Tukwila WSDOT MOD Page 10 of 10 suolslaaa Aafod pue sraaad leuuoj February 2004 Transportation Committee February 9, 2004 Present: Joan Hernandez, Chair; Pam Carter, Joe Duffle Jim Morrow, Bob Giberson, Pat Brodin, Gail Labanara, Frank Iriarte, Cyndy Knighton, Jon Harrison (police), Lucy Lauterbach; Craig Stone, Stacy Trussler, Ross Fenton all WSDOT 1. I 405 Proiect The three representatives from WSDOT reported on the current status of the I -405 project improvement. The nickel increase in gas tax passed by the 2003 Legislature will provide funding for improving the I- 405 /SR 167 interchange, starting with an extra lane from SR 181 in Tukwila to the interchange. A lane from the north going south on I -405 will also be added for a short distance. The nickel does not include enough funding to do all that needs to be done to improve I -405. It is hoped a Regional Transportation Improvement District (RTID) tax will be passed by voters to increase funding for projects like this. RTID may be put on the ballot this November. There is already pressure to move the I -405 project funds to other SR 167 projects that are also under funded. Pam suggested and the Committee agreed to send a letter to SKCTBD urging support for the I-405 project. One strength of the I -405 project is that it has been studied and is ready to go, while the SR- 167 project still needs to be studied first. Costs for the SR 167 range from $800,000 -$1.2 b. The Committee next considered the memorandum of understanding. It lays out the ground rules for the negotiation of this and other projects. An advisory decision process was shown, with involvement by a wide number of interests and people. Joan thought the memo laid a good background for now, with more specific information coming later in the process. Joe was concerned about what will happen as members drop out and are replaced in the long -term process. Stacy said the memo of understanding will continue to guide the process, so it can't be affected by personnel changes. Pam caught an editing error, and asked about bus rapid transit, which is provided for in the list of projects for the master plan. Joan asked about pedestrian considerations, and was assured they are well provided for. Recommend memo of understanding and report on I 405 project to COW. 2. Renaming of Saxon Drive Costco currently has its address on Saxon Drive. They feel that because they are not on Andover East, they need better addressing to help people find them. To that end, they would like to change the name of Saxon drive to Costco Drive. Because Saxon is a private street, it does not require a resolution to re -name the street, but a resolution would leave a paper trail for the city's records, and it holds the City harmless for the change. Costco has agreed to pay for new signs. The Committee members asked if Saxon was an historic name, but were told no one had been able to find any reference to the Saxon name. Jon noted that the addressing of Costco was off; it is now listed as being in the 1100's, when it should logically be in the 500's. Recommend resolution to -COW. 3. Adoption of the 2004 Standard Specifications WSDOT and the Washington Chapter of the American Public Works Association publish a book of considerable size containing the technical standards that need to be used for any public projects using federal funds for transportation projects. The City needs to adopt the 2004 version of the Plan in order to be eligible for federal grants. Pam suggested some changes to improve the ordinance. Recommend to COW. CAS Number: 04-030 Agenda Item Title: I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): Fund Source (if known): Meeting Date 2/23/04 U 030 COUNCIL AGENDA SYNOPSIS Meeting Date 2/23/04 Initials Prepared by 1 Mayor's review I Council review ✓M.i`a Li 1 I I I I ITEM INFORMATION vs Original Agenda Date: February 23, 2004 Council Admin. Public Works Approve Resolution changing the name of Saxon Dr. to Costco Dr. Forward to COW and then Regular Council. Action 1 $�APPENDICE t. r Meeting Date Attachments 2/23/04 Information Memo dated February 4, 2004 Name Change Request Letter Property Owner Support Letter Resolution Transportation Committee Meeting Minutes from February 9, 2004 ITEMNO. 3. Resolution Changing the Street Name of Saxon Drive to Costco Drive This resolution will change the name of Saxon Dr. to Costco Dr. This road currently is a private street that only services Costco -owned businesses. Costco has requested the renaming to enhance the visibility of its location. Researching the Tukwila history book and City Clerk records, no information was found on the naming of Saxon Dr and its significance, if any. To: Mayor Mullet From: Public Works Directo Date: February 4, 2004 Subject: Renaming of Saxon Drive as Costco Drive by Resolution ISSUE Saxon Drive is a private easement primarily serving Costco. Costco has requested that the City of Tukwila re -name Saxon Drive as Costco Drive. BACKGROUND Barghausen sent a letter to the City (attached), on behalf of Costco, requesting that Saxon Drive be renamed as Costco Drive, along with a copy of an acceptance letter signed by the property owners of the land on which the private Saxon Drive sits. Costco has agreed to pay all expenses related to the street name change, including permits, fees, old sign removal, new sign fabrication and installation. RECOMMENDATION Approve resolution renaming Saxon Drive as Costco Drive and for staff to coordinate the cbangeout of the existing street name signs to the current standard street name signs. BG:ad attachments: renaming request letter property owner support letter draft resolution (P:(9ob GUnfo Memo Saxon Drive) INFORMATION MEMO Nick Olivas, Fire Chief Tukwila Fire Department Headquarters Station 51 444 Andover Park East Tukwila, WA 98188 RE: Private Street Name Request Costco Wholesale Facility 1160 Saxon Drive, Tukwila, Washington Costco Loc. No. 6 Our Job No. 7880 Dear Nick: CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES December 10, 2003 COURIER DELIVERY As discussed in our telephone conversation on December 9, 2003, regarding the proposed private street name change from Saxon Drive to Costco Drive, enclosed is one copy of the street name acceptance letter authorized and executed by the current property owners of the Costco Wholesale property and Saxon Drive roadway. Please review the enclosed letter and notify me of any additional steps Costco Wholesale must complete prior to replacement of the existing street sign. In the meantime, should you have questions or comments, please feel free to contact me. Thank you. Sincerely Joel A. Howitt Project Planner JAH/ath/tep 7880c.005.doc enc: As Noted cc: Gail Tsuboi, Costco Wholesale Jay S. Grubb, Barghausen Consulting Engineers, Inc. John Ellingsen, Barghausen Consulting Engineers, Inc. 18215 72ND AVENUE SOUTH KENT, WA 990.32 (425) 251 -6222 (425) 251 -8782 FAX BRANCH OFFICES OLYMPIA, WA TEMECULA, CA WALNUTCREEK, CA www.barghausen.com DEC 1 2 2003 u.0 .v u� vuu ,U 1 \LIIL LJIrfIL 1GJ JsJ UAW IU JjYGJGJ10(O4 VIA AIRBORNE EXPRESS Paul Sade and Eleanor Sade, Trustees 585 Point San Pedro Road San Rafael, CA 94901 Cosrc WHOLESALE November 14, 2003 Writer's Direct Line: (425) 313 -6972 Writer's Facsimile Mo.: (425) 313.8105 Writer's email: dsnead@costeo.com Re: Proposed name change of private access road in Tukwila (Southcenter), Washington, from Saxon Drive to Costco Drive Dear Mr. and Mrs. Sade: r.02/11.3 As you may know, the City of Tukwila, Washington, promulgated a new Sign Code. Shortly after passage of the code, the City required Costco Wholesale Corporation "Costco to remove its sign that stood at the comer of Andover Park East and Saxon Drive. Unfortunately, without the sign on the comer, Costco is difficult to fmd from Andover Park East, which is the main public street near the premises. Because of this difficulty and the confusion it caused, Costco has been working closely with the City to formulate a solution. Unfortunately, because of the nature of our site, there are no viable alternative locations for a monument sign. Saxon Drive is the private roadway which connects Costco's parking lot to Andover Park East. In lieu of a monument sign, Costco would like to change the name of Saxon Drive to Costco Drive. A street sign displaying "COSTCO DRIVE" would be placed over Andover Park East, and would have the effect of making Costco easier to find from Andover Park East. The name change, including, without limitation, any applications, permits, and fees necessary to effect the change, would be at Costco's sole cost and expense. Further, Costco shall indemnify, defend and hold harmless you and your successors and assigns, including your successors -in- interest to the subject property, from any liability, loss, costs, claims, damages and causes of action (including attorneys' fee and costs) arising from the name change. 999 take Drive Issaquah, WA 98027 425/313.8100 WWW.COSICO.CORI Paul Sade and Eleanor Sade, Trustees November 14, 2003 Page 2 of 2 If our proposal is acceptable to you, please indicate your approval by executing this letter agreement below and returning the original letter to me. Thank you for your consideration, and please feel free to contact me if you have any questions. -A v 1 O AND ACCEPTED this aul Sa e, as Trustee for the Paul and Eleanor Sade 1985 Trust SF 925280 v2 11/ 14/03 10:24 AM (11921.0000) Iry .+a..n a'aw 1 V JIYLJLJIW I LIL Sincerely, Derek Corporate Attorney Costco Wholesale Corporation r.uJ/ )3 day of —a v— 2003. Eleanor Sade, as Trustee for the Paul and EIeanor Sade 1985 Trust r. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENAMING THE PRIVATE STREET NOW KNOWN AS "SAXON DRIVE" TO "COSTCO DRIVE." WHEREAS, a new sign code promulgated by the City required Costco to remove its sign that stood at the corner of Andover Park East and Saxon Drive; and WHEREAS, Saxon Drive is a private street; and WHEREAS, the Costco Corporation would like to re -name that private street leading to its business to enhance the visibility of its location and aid customers in traveling to its business premises; and WHEREAS, no residences are located on Saxon Drive and the only businesses located on Saxon Drive are Costco -owned businesses; and WHEREAS, Costco has agreed that any costs associated with the name change, including, without limitation, any applications, permits, and other fees necessary to change the name will be at Costco's sole expense; and WHEREAS, Costco has agreed to indemnify the City against any liability arising from the name change; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Costco Drive. The City Council hereby authorizes City staff to change the name of Saxon Drive to Costco Drive. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Council President Filed with the City Cleric. Passed by the City Council: Resolution Number Transportation Committee February 9, 2004 Present: Joan Hernandez, Chair; Pam Carter, Joe Duffle Jim Morrow, Bob Giberson, Pat Brodin, Gail Labanara, Frank Iriarte, Cyndy Knighton, Jon Harrison (police), Lucy Lauterbach; Craig Stone, Stacy Trussler Ross Fenton all WSDOT 1. I 405 Project The three representatives from WSDOT reported on the current status of the I -405 project improvement. The nickel increase in gas tax passed by the 2003 Legislature will provide funding for improving the I- 405 /SR 167 interchange, starting with an extra lane from SR 181 in Tukwila to the interchange. A lane from the north going south on I -405 will also be added for a short distance. The nickel does not include enough funding to do all that needs to be done to improve I -405. It is hoped a Regional Transportation Improvement District (RTID) tax will be passed by voters to increase funding for projects like this. RTID may be put on the ballot this November. There is already pressure to move the I -405 project funds to other SR 167 projects that are also under funded. Pam suggested and the Committee agreed to send a letter to SKCTBD urging support for the I -405 project. One strength of the I -405 project is that it has been studied and is ready to go, while the SR- 167 project still needs to be studied first. Costs for the SR 167 range from $800,000 -$1.2 b. The Committee next considered the memorandum of understanding. It lays out the ground rules for the negotiation of this and other projects. An advisory decision process was shown, with involvement by a wide number of interests and people. Joan thought the memo laid a good background for now, with more specific information coming later in the process. Joe was concerned about what will happen as members drop out and are replaced in the long -term process. Stacy said the memo of understanding will continue to guide the process, so it can't be affected by personnel changes. Pam caught an editing error, and asked about bus rapid transit, which is provided for in the list of projects for the master plan. Joan asked about pedestrian considerations, and was assured they are well provided for. Recommend memo of understanding and report on I 405 project to COW. 2. Renaming of Saxon Drive Costco currently has its address on Saxon Drive. They feel that because they are not on Andover East, they need better addressing to help people find them. To that i end, they would like to change the name of Saxon drive to Costco Drive. Because Saxon is a private street, it does not require a resolution to re -name the street, but a resolution would leave a paper trail for the city's records, and it holds the City harmless for the change. Costco has agreed to pay for new signs. The Committee members asked if Saxon was an historic name, but were told no one had been able to find any reference to the Saxon name. Jon noted that the addressing of Costco was off; it is now listed as being in the 1100's, when it should logically be in the 500's. Recommend resolution to .'COW. 3. Adoption of the 2004 Standard Specifications WSDOT and the Washington Chapter of the American Public Works Association publish a book of considerable size containing the technical standards that need to be used for any public projects using federal funds for transportation projects. The City needs to adopt the 2004 version of the Plan in order to be eligible for federal grants. Pam suggested some changes to improve the ordinance. Recommend to COW. CAS Number: 04-031 Agenda Item Title: I Original Sponsor: Timeline: Sponsor's Summary: Meeiing Date 2/23/04 Meeting Date 2/23/04 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review I Council review I I 2/23/04 BG c ,tom I 1—b1 Qg2D.. ®OITGIL 4 Action Attachments Information Memo dated January 14, 2004 Ordinance and Ordinance 1987 Transportation Committee Meeting Minutes from February 9, 2004 �ITEM .'TNF:ORMATAO Original Agenda Date: February 23, 2004 Adopt Ordinance for 2004 edition of WSDOT /APWA Standard Specifications and repeal Ordinance 1987. Council Admin. Public Works Local agencies utilizing Federal funds for transportation contracts must incorporate and adopt the 2004 Standard Specifications, as published by the WA State Dept of Transportation and the Washington State Chapter of the American Public Works Association. Also repeals Ordinance 1987, which adopted the 2002 WSDOT /APWA Standards. Recommendations: Sponsor: Recommend adoption of Ordinance to update construction standards. Committee: Forward to COW and then Regular Council. Administration: Same as sponsor. Cost Impact (if known): I Fund Source (if known): ITEMNO. 3d To: Mayor Mullet From: Public Works Director Date: January 14, 2004 Subject: 2004 Standard Specifications Adoption by Ordinance ISSUE INFORMATION MEMO Local agencies utilizing Federal funds for transportation contracts must incorporate and adopt the 2004 Standard Specifications, as published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association (WSDOT /APWA). BACKGROUND Previously, the 2002 WSDOT /APWA Standard Specifications for Road, Bridge and Municipal Construction (Standard Specifications) were adopted by City of Tukwila Ordinance No. 1987. The 2004 edition of the Standard Specifications has been published by WSDOT /APWA and my staff has revised and updated the supplemental general requirements (modifications to Division 1), and the construction contract boilerplate documents. Local Agencies must adopt the 2004 Standard Specifications for use in all federally funded projects that are advertised after April 5, 2004. ACTION TAKEN An ordinance has been drafted to adopt the 2004 edition of the Standard Specifications, supplemental general requirements, and construction contract boilerplate documents. This ordinance also repeals the previous Ordinance No. 1987. RECOMMENDATION Approve ordinance adopting the 2004 edition of the Standard Specifications, supplemental general requirements, and construction contract boilerplate document as the City Standards for construction of roads, bridges and infrastructure design and construction standards. attachments: draft ordinance Ordinance No, 1987 (P.Ykea®4 SuaSUN Walton n Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Standard Specifications 2/12/04 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC 16.34, ADOPTING THE 2004 EDITION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION, INCLUDING THE CITY OF TUKWILA SUPPLEMENTAL GENERAL REQUIREMENTS AND BOILERPLATE CONSTRUCTION CONTRACT DOCUMENTS; SETTING NUMBER OF COPIES TO BE HELD FOR PUBLIC REVIEW; REPEALING ORDINANCE NO. 1987; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila utilizes standard specifications for the construction of public improvements, as well as supplemental requirements and boilerplate construction contract documents; and WHEREAS, the City has previously adopted standard specifications by Ordinance No. 1987; and WHEREAS, more current standard specifications are provided by the Washington State Department of Transportation and American Public Works Association, Washington Chapter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 1634, "Road, Bridge and Municipal Construction Specifications," is hereby amended to read as follows: 16.34.010 Adopted. The 2004 edition of the Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including the City of Tukwila Supplemental General Requirements, and boilerplate construction contract documents are hereby adopted as the Code of the City of Tukwila, Washington, for regulating the construction and maintenance of public works, including streets, bridges, sanitary sewers, storm sewers, water distribution, structures and other public works. The Public Works Director may allow the use of American Institute of Architects (AIA), Construction Specifications Institute (CSI), or other building and facilities standard specifications, on a case -by -case basis. 16.34.020 Copies to be on file. Not less than three copies of said Standard Specifications and City of Tukwila supplements shall remain on file for use in examination by the public in the Public Works Department. Section 2, Repealer. Ordinance No. 1987 as codified at TMC 16.34 is hereby repealed. 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 2004. ATTEST AUTHENTICATED: Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Washington �7 Ordinance No l ti 7 City of Tukwila AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF •UKWILA, WASHINGTON, AMENDING TMC CHAPTER 1634, ADOPTING THE 2002 ENGLISH EDTTION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION, INCLUDING THE CITY OF TUKWILA SUPPLEMENTAL GENERAL REQUIREMENTS, BOILERPLATE CONSTRUCTION CONTRACT DOCUMENTS, AND INFRA- STRUCTURE DESIGN AND CONSTRUCTION STANDARDS; SETTING NUMBER OF COPIES TO BE HELD FOR PUBLIC REVIEW; REPEALING ORDINANCE NO. 1909; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila utilizes standard specifications for the construction of public improvements, as well as supplemental requirements and boilerplate construction contract documents; and WHEREAS, the City has previously adopted standard specifications by Ordinance No. 1909; and WHEREAS, more current standard specifications are provided by the Washington State Department of Transportation and American Public Works Association, Washington Chapter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Chapter 16.34, "Road, Bridge and Municipal Construction Specifications," is hereby amended to read as follows: 16.34.010 Adopted. The 2002 English edition of the Standard Specifications for Road, Bridge, and Municipal Construction, prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including the City of Tukwila Supplemental General Requirements, boilerplate construction contract documents and infrastructure design and construction standards, are hereby adopted as the Code of the City of Tukwila, Washington, for regulating the construction and maintenance of public works, including streets, bridges, sanitary sewers, storm sewers, water distribution, structures and other public works. The Public Works Director may allow the use of American Institute of Architects (AIA), Construction Specifications Institute (CSI), or other building and facilities standard specifications, on a case -by -case basis. 16.34.020 Copies to be on file. Not Less than three copies of said Standard Specifications and City of Tukwila supplements shall remain on file for use in examination by the public in the Public Works Department. Section 2. Repealer. Ordinance No. 1909, as codified at TMC 16.34, is hereby repealed. Std Specs 2002.doc 1 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUN Regular Meeting thereof this Q= ATTEST /AUTHENTICATED: to-44, )3ifl. Jane B. Cantu, CMC, City Clerk APPROVED AS TO FORM: B Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE C1TY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Std Specs 2002.doc OF THE CITY OP TUKWILA, WASHINGTON, at a day of 4.....1P114// OJi .4- 2002. 1 z z -4-oz 1 vV Of) vQ Steven M. Mullet, Mayor 2 Transportation Committee February 9, 2004 Present: Joan Hernandez, Chair; Pam Carter, Joe Duffie Jim Morrow, Bob Giberson, Pat Brodin, Gail Labanara, Frank Iriarte, Cyndy Knighton, Jon Harrison (police), Lucy Lauterbach; Craig Stone, Stacy Trussler, Ross Fenton all WSDOT 1. I -405 Proiect The three representatives from WSDOT reported on the current status of the I -405 project improvement. The nickel increase in gas tax passed by the 2003 Legislature will provide funding for improving the I- 405 /SR 167 interchange, starting with an extra lane from SR 181 in Tukwila to the interchange. A lane from the north going south on I -405 will also be added for a short distance. The nickel does not include enough funding to do all that needs to be done to improve I -405. It is hoped a Regional Transportation Improvement District (RTID) tax will be passed by voters to increase funding for projects like this. RTID may be put on the ballot this November. There is already pressure to move the I -405 project funds to other SR 167 projects that are also under funded. Pam suggested and the Committee agreed to send a letter to SKCTBD urging support for the I -405 project. One strength of the I -405 project is that it has been studied and is ready to go, while the SR- 167 project still needs to be studied first. Costs for the SR 167 range from $800,000 -$1.2 b. The Committee next considered the memorandum of understanding. It lays out the ground rules for the negotiation of this and other projects. An advisory decision process was shown, with involvement by a wide number of interests and people. Joan thought the memo laid a good background for now, with more specific information coming later in the process. Joe was concerned about what will happen as members drop out and are replaced in the long -term process. Stacy said the memo of understanding will continue to guide the process, so it can't be affected by personnel changes. Pam caught an editing error, and asked about bus rapid transit, which is provided for in the list of projects for the master plan. Joan asked about pedestrian considerations, and was assured they are well provided for. Recommend memo of understanding and report on I -405 nroiect to COW. 2. Renamine of Saxon Drive Costco currently has its address on Saxon Drive. They feel that because they are not on Andover East, they need better addressing to help people find them. To that end, they would like to change the name of Saxon drive to Costco Drive. Because Saxon is a private street, it does not require a resolution to re -name the street, but a resolution would leave a paper trail for the city's records, and it holds the City harmless for the change. Costco has agreed to pay for new signs. The Committee members asked if Saxon was an historic name, but were told no one had been able to find any reference to the Saxon name Jon noted that the addressing of Costco was off; it is now listed as being in the 1100's, when it should logically be in the 500's. Recommend resolution to -COW. 3. Adoption of the 2004 Standard Specifications WSDOT and the Washington Chapter of the American Public Works Association publish a book of considerable size containing the technical s standards that need to be used for any public projects using federal funds for transportation projects. The City needs to adopt the 2004 version of the Plan in order to be eligible for federal grants. Pain suggested some changes to improve the ordinance. Recommend to COW. .a-, snaa CAS Number: 04-032 I Original Agenda Date: February 23, 2004 Agenda Item Title: Federally Funded Right -of -Way Acquisition Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: For information and discussion. Committee: Forward to COW. Administration: Same as sponsor. I Cost Impact (if known): I Fund Source (if known): Meeting Date 2/23/04 Meeting Date 1 Attachments 2/23/04 I Information Memo dated February 4, 2004 Local Agency Guidelines for Property Acquisition Transportation Committee Meeting Minutes from February 9, 2004 COUNCIL AGENDA SYNOPSIS Meeting Date 2/23/04 Council Initials Prepared by 1 Mayor's review 1 Council review JAC4nrill Admin. Federally funded right -of -way acquisition procedures are cumbersome and greatly increase the amount of time and expenses to roadway projects. Using City funds for right -of -way acquisition can streamline the process and shorten the length of time of the entire project. Action Public Works ITEM NO. 3 ISSUE BACKGROUND RECOMMENDATION For information and discussion. INFORMATION MEMO To: Mayor Mullet From: Public Works D recto n Date: February 4, 2004 U Subject: Federal Funded Right- of -Wav Acquisition Federally funded right -of -way acquisition procedures are cumbersome and greatly increase the amount of time and expenses to roadway projects. WSDOT has overall responsibility for overseeing local agency acquisition of right -of -way if federal funds (FHWA) are used, as outlined in the WSDOT Local Agency Guidelines (LAG) and Right -of -Way Manuals. The typical WSDOT process is as follows: Contact WSDOT Local Agency Right -of -Way Coordinator Estimate probable right -of -way acquisition costs Create right -of -way plan to WSDOT standards (professional surveyor stamped, etc.) Appraisal by WSDOT approved appraiser to WSDOT standards Appraisal review by WSDOT approved appraisal reviewer Title reports Negotiations by a WSDOT certified negotiator with complete documentation of all contact with property owner Administrative settlement documentation Right -of -way certification (see attached WSDOT checklist, LAG page 25 -34) In contrast, City funded right -of -way acquisition on a federally funded project is required only to have a WSDOT format right -of -way plan, title reports, appraisals, negotiations (without all the above documentation), and then WSDOT right -of -way certification. Further, the City can begin the acquisition process prior to federal environmental clearances (ECS and NEPA). The federal right -of -way acquisition procedure is not only cumbersome and expensive, it is a very lengthy process. For example, on the S 180 and TIB Phase 1 projects, right -of -way acquisition took between three months and a year, depending on the complexity of the acquisition. Reference: WSDOT LAG Right -of -Way Manuals RCW 8.12, 8.26 WAC 468 -100 '49 CFR 24 (PAaob GVefo Memo Federal Funded Right of Way) General Project Development Appendix 25.152 Coordinators Worksheets (Sample) The following is a list of items needed in an Agency's files to allow the LIM coordinator to complete a project certification review. This list is not all inclusive and is meant as an aid to file preparation only. 1. RIGHT OF WAY PLAN 2. PROJECT FUNDING ESTIMATE 3 RELOCATION PLAN 4. FHWA ACQUISITION AUTHORIZATION 5. CONDEMNATION AUTHORIZATION (IF NEEDED) 1. APPRAISALS) 2. APPRAISAL REVIEWS) 3. JUST COMPENSATION (SET BY AGENCY) 4. DIARY(S) 5. OFFER LETTERCS) 6. ADMINISTRATIVE SETTLEMENT JUSTIFICATION AND APPROVAL 7. DONATION STRTEMENT(IF APPLICABLE) 8. TITLE EVIDENCE 9. COPIES OF RECORDED DOCUMENTS 10. PROOF OF PRYMENTCS) 11. NEGOTIATOR DISCLAIMER STATEMENT 12. CONSULTANT CONTRACTCS) 13. CORRESPONDENCE 1. DIRRY(S) 2. PROPER NOTICE(S): GENERAL INFORMATION RELOCATION ELIGIBILITY 90 DAY NOTICE RESIDENTIAL: 3. RELOCATION BENEFITS COMPUTATION 4. BENEFITS NOTICE 5. MOVING AGREEMENT 6. PROOF OF PURCHASE OR RENT 7. DS&S INSPECTION REPORT 8. EVIDENCE OF ADVISORY ASSISTANCE 9. ALL SUPPORTING DOCUMENTATION BUSINESS: 10. BENEFITS NOTICE 11. MOVING AGREEMENT 12. CLAIM FORMS 13. EVIDENCE OF ADVISORY ASSISTANCE 14. ALL SUPPORTING DOCUMENTATION 15. PROOF OF PRYMENTCS) PROJECT FILE NEGOTIATION FILE RELOCATION FILE Page 3 of 3 2544 Local Ageney June 1998 TRANSPORTATION COMMITTEE, 2/9/04, Page 2 4 4. Federally Funded Right of Way Acauisitions It is very complex to comply with federal requirements if federal funds are used to buy rights of way. Jim explained that is in the City's best interest to buy rights of way with City money as a match to other parts of any project funded by federal funds. By using City funds, Public Works can start projects sooner, and do them faster and better than if federal funds were used. Pam asked if there was a downside to the City's buying right of way, and Jim said there was not. Jim said they need more coordination with WSDOT, but that was fine. Other cities have done this. Information. 5. TCC Round Gutter Replacement Bid Award The Community Center which was built in 1996 has always had gutters on the middle rotunda that have been problematic. They are made of tin metal, and had no expansion joints. The gutters have pulled off the building and are not misshapen and don't do their job. After a study of the situation, bids were called for, and five bids were received. Ballard Sheet Metal Works, Inc. was the low bidder at $31,203.84. This is within budget. Recommend to COW for bid award. 6. WSDOT Letter WSDOT wrote a letter to Senator Horn asking for tumback of Highway 99. The City wanted WSDOT to include a request for the funding to help improve the northern section. They did not, so the City will write Senator Horn separately requesting the appropriation. Information. Committee chair approval Meeting Date 2/23/04 Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): COUNCIL AGENDA SYNOPSIS Meeting Date 2/23/04 Council Initials Prepared by Mayor's review I Council review TP. frl U I: 7 1.-H v I I I I I I CAS Number: 04-033 Original Agenda Date: February 23, 2004 Agenda Item Title: Bid Award for Tukwila Community Center Rotunda Gutter Replacement Project Admin. Award contract to Ballard Sheet Metal Works, Inc. Recommend to COW and then Regular Council Same as Sponsor $31,203.84 (with WSST) 303 Facilities Public Works ITEM NO. 31 This project will provide a new stainless steel replacement gutter and downspout system to the Tukwila Community Center rotunda. The project was solicited for bids on January 8 and five bids were received and opened on January 30, 2004. The low bid of $28,680.00 was from Ballard Sheet Metal Works, Inc. Action 2/23/04 I Information Memo dated February 6, 2004 Bid Tabulation Transportation Committee Meeting Minutes from February 9, 2004 ANALYSIS/ WORK PLAN ACTION TAKEN INFORMATION MEMO To: Mayor Mullet From: Public Works Director'{) Date: February 6, 2004 ttJJ Subject: Tukwila Community Center Rotunda Gutter Replacement City Project No. 03 -BG07 Bid Award ISSUE Award the bid for the Tukwila Community Center Rotunda Gutter Replacement. BACKGROUND This facility was built and occupied in late 1996. The existing gutter was fabricated from paintable mild steel sheet metal with a light zinc coating. The system includes only four down leaders and no expansion joints. Whether by design detailing or by construction, the support brackets are allowing the gutter to pull off the building fascia. This loss of profile, accumulation of debris, and resulting water ponding has rusted out the gutter in several locations and needs to be replaced. In 2003, we retained the sheet metal consulting services of Herb Johnson to assist in the detailing and specifying of a stainless steel replacement gutter and downspouts system. The choice of replacement material, the addition of expansion joints, development of carefully detailed support brackets, and the addition of one new downspout reflects the need to install an assembly which needs little to no maintenance. The gutter is very difficult to access from the north side given the inability to reach over the north entry. The project was solicited for bid on January 8. Five (5) bids were received on January 30, 2004, with the apparent low bid of $28,680.00 submitted by Ballard Sheet Metal Works, Inc. See attached bid tabulation. We have reviewed the bids, notified the apparent low bidder of their opportunity to claim error within 24 hours which they have declined, and checked the low bidder's references. The estimated cost of $31,203.84 including WSSTX is within the project budget of $33,000 with an adequate contingency for construction. Mayor Mullet Page 2 February 6, 2004 Bid Results Engineer's Estimate Budget Bid Amount $28,680.00 $26,000.00 WSSTX (8.8 2.523.84 2.288.00 Subtotal $31,203.84 $28,288.00 Contingency (5 1.434.00 1.300.00 Total $32.637.84 $29.588.00 $33.000.00 RECOMMENDATION Award the contract to Ballard Sheet Metal Works, Inc., in the amount of $28,680.00 (not including WSSTX). attachment: v.M B id Tabulation (rnojmtA-00 Prats103•f -•1- +Mad Info Mn) m BUDGET AND BID SUMMARY Bidders Kollmar Northwest Sheet Metal McKinstry Northshore Sheet Metal Engineer's Estimate Tukwila Community Center Rotunda Gutter Replacement Bid Tabulation Project 03 -BG07 Base Bid 8.8% Sales Tax Bid Total 76,550.00 62,546.00 51,432.00 41,000.00 6,736.40 5,504.05 4,526.02 3,608.00 24,000.00 2,112.00 83,286.40 68,050.05 68,050.00 55,958.02 55,958.00 44,608.00 26,112.00 I Bold figures represent bid. 4. Federally Funded Right of Wav Acauisitions It is very complex to comply with federal requirements if federal funds are used to buy rights of way. Jim explained that is in the City's best interest to buy rights of way with City money as a match to other parts of any project funded by federal funds. By using City funds, Public Works can start projects sooner, and do them faster and better than if federal funds were used. Pam asked if there was a downside to the City's buying right of way, and Jim said there was not. Jim said they need more coordination with WSDOT, but that was fine. Other cities have done this. Information. )75. TCC Round Gutter Replacement Bid Award The Community Center which was built in 1996 1 has always had gutters on the middle rotunda that have been problematic. They are made of tin metal, and had no expansion joints. The gutters have pulled off the building and are not misshapen and don't do their job. After a study of the situation, bids were called for, and five bids were received. Ballard Sheet Metal Works, Inc. was the low bidder at $31,203.84. This is within budget. Recommend to COW for bid award. 6. WSDOT Letter WSDOT wrote a letter to Senator Hom asking for turnback of Highway 99. The City wanted WSDOT to include a request for the funding to help improve the northern section. They did not, so the City will write Senator Horn separately requesting the appropriation. Information. Committee chair approval TRANSPORTATION COMMITTEE, 2/9/04, Page 2