HomeMy WebLinkAboutCOW 2013-07-22 COMPLETE AGENDA PACKET Cw Tukwila City Council Agenda
y : COMMITTEE OF THE WHOLE° •
Jim Haggerton, Mayor Councilmembers: ❖ Joe Duffie ❖ Dennis Robertson
90E David Cline, City Administrator ❖ Allan Ekberg ❖ Verna Seal
Kathy Hougardy, Council President ❖ De'Sean Quinn • Kate Kruller
Monday, July 22, 2013, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. PUBLIC HEARINGS a. An ordinance renewing a moratorium related to medical cannabis Pg.1
collective gardens or dispensaries.
b. An ordinance establishing a moratorium relating to marijuana Pg.19
producers, processors and retailers.
4. SPECIAL ISSUES a. An ordinance renewing a moratorium related to medical cannabis Pg.1
collective gardens or dispensaries.
b. An ordinance establishing a moratorium relating to marijuana Pg.19
producers, processors and retailers.
c. An Interlocal Agreement with King County on acquisition services for Pg.29
Duwamish Gardens.
d. An Interlocal Agreement with King County for the F-Line RapidRide Pg.43
Intelligent Transportation System (ITS) Improvements.
e. A bid award for the 2013 Annual Sewer Repair Program. Pg.89
f. Discussion regarding a lease agreement with Alliance One Receivables Pg.101
Management for use of space in the Municipal Court.
5. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
• SPECIAL MEETING ❖
1. CALL TO ORDER / ROLL CALL
2. CONSENT AGENDA Approval of Vouchers.
3. EXECUTIVE SESSION • Potential Litigation Pursuant to RCW 42.30.110(1)(1)
(90 minutes) • Pending Litigation Pursuant to RCW 42.30.110(1)(1)
• Collective Bargaining... Pursuant to RCW 42.30.140(4)(a)
4. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office(206-433-1800 or TukwilaCityClerk @TukwilaWA.gov).This notice is available at
www.tukwilawa.gov,and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped.
HOW TO TESTIFY
If you would like to address the Council,please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four-year term,presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions,adopting of resolutions'and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four-year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land-use laws, annexations, rezone requests,public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
ototl'N.) 4 A_ �qi, Initials ITEM No.
k 2 Meeting Date Prepared by M%. r s review fççrevielv 03 SM ! gg
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2905.
ITEM INFORMATION
STAFF SPONSOR:STACY MACGREGOR ORIGINAL AGENDA DATE: 07/22/13
AGENDA ITEM TITLE Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries.
CATEGORY ® Discussion ❑Motion ❑ Resolution ® Ordinance ❑ Bid Award ® Public Hearing ❑ Other
Mtg Date 07/22/13 Mtg Date Mtg Date Mtg Date 8/5/13 Mtg Date Mtg Date 7/22/13 Mtg Date
■
I SPONSOR ❑ Council ❑Mayor ❑ HR ® DCD ❑Finance ❑Fire ❑ IT ❑P&R ❑ Police ❑PW
SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which
SUMMARY established a one year moratorium on medical cannabis collective gardens and
dispensaries. The moratorium was renewed for one year on August 6, 2012. The
established moratorium is set to expire at midnight on August 5, 2013. Staff is proposing
to renew the moratorium for an additional year.
REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DA1'E: 07/08/2013 COMMITTEE CHAIR: EKBERG
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMI ImE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Comments: n/a
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
MTG. DATE ATTACHMENTS
07/22/20 Informational Memorandum dated 07/3/13
Draft Ordinance renewing the moratorium in strike-thru format based on changes by CAP
Ordinance No. 2379
Ordinance No. 2350
Minutes from the Community Affairs and Parks Committee meeting of 7/8/13
08/05/13 1
2
�I1LA
Ail*1_ City of Tukwila
0-. vi o Jim Haggerton, Mayor
2906 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Department of Community Development Director
BY: Stacy MacGregor, Assistant Planner
DATE: June 25, 2013
SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and
Dispensaries
ISSUE
Should the City renew a moratorium on medical cannabis collective gardens and dispensaries?
BACKGROUND
In 2011, the Washington State legislature passed ESSB 5073, codified as RCW 69.51A,
creating rules regarding medical cannabis patients, collective gardens, and medical cannabis
dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the
remaining portions of the bill but the general assumption is that dispensaries are prohibited by
the veto but "qualifying patients" can participate in "collective gardens". The bill does allow local
jurisdictions to adopt and enforce requirements for zoning, business licensing, health and safety
and business taxes related to the "production, processing, or dispensing of cannabis and
cannabis products within their jurisdiction." (RCW 69.51A.130)
On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on
cannabis collective gardens and dispensaries expecting the state to provide clarification on the
statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings.
In the 2012 legislative session, clarification was not provided but several initiatives addressing
cannabis were pending with the state legislature. On August 6, 2012, the City Council enacted
City Council Ordinance No.2379, which renewed a one year moratorium on medical cannabis
collective gardens and dispensaries. The established moratorium is set to expire at midnight on
August 13, 2013.
In November 2012, Initiative 502 was passed decriminalizing recreational marijuana use and
allowing for state licensed recreational marijuana retailers, processors and producers. The new
law did nothing to change the medical cannabis law. The two laws are overseen by different
state agencies and among other issues, provide different levels of oversight, licensing, and
quantities of marijuana for possession and production. While a state budget has not yet been
adopted, the provisional language in both the state house and senate budgets included direction
to the state liquor control board to harmonize the medical cannabis and recreational marijuana
laws.
DISCUSSION
Given that the state now allows local jurisdictions to exercise police powers to limit medical
cannabis while simultaneously establishing a licensing mechanism for recreational marijuana,
and, given that the state legislature may take up these conflicts in the next legislative session; it
is prudent to wait until after the rules for implementation are issued and until after the next
legislative session before developing regulations.
3
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None
RECOMMENDATION
The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the
Whole meeting and subsequent August 5, 2013 Regular Meeting.
ATTACHMENTS
• Draft Ordinance
• Ordinance 2379 (to be repealed)
• Ordinance 2350 (to adopt as finding)
4
W:12013 Info Memos-CouncillMedical MJ.doc
DRAFT
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF
TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED
CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2379; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No.
2379, renewing the 12-month moratorium on medical cannabis collective gardens or
dispensaries because it was believed that the Washington State Legislature would
address the subject during the 2012 Legislative Session; and
WHEREAS, medical marijuana was not addressed during the 2012 Legislative
Session and no clarity regarding state and federal regulations related to the licensing,
establishment, maintenance, or continuation of any medical cannabis collective garden
is currently available; and
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WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, Initiative 502
was passed by the voters of the State of Washington, providing a framework under
which recreational marijuana producers, processors, and retailers can become licensed
by the State of Washington; and
_ A e. - - - - - - .tee - - e -- -
2014 Legislative Session; and
WHEREAS, the Washington State Legislature has adopted a budget with language
that calls for the Washington State Liquor Control Board to work with the Department of
Health and Department of Revenue to develop recommendations regarding the
interaction of medical marijuana regulations and the provisions of Initiative 502; and
WHEREAS, the Washington State Legislature has called for these recommen-
dations to be submitted to the appropriate legislative committees by January 1, 2014,
and
WHEREAS, the City has diligently pursued this issue and continues to develop a
work program to analyze potential changes to City zoning regulations that may be
necessary to address changes in state or federal law, but needs additional clarity from
the Washington State Legislature in order to develop a workable set of
recommendations for local land use controls for safe and effective regulation of
collective gardens in the community; and
WHEREAS, the moratorium adopted by Ordinance No. 2379 will expire before the
State has rectified the inconsistencies between recreational marijuana and medical
cannabis; and
WHEREAS, the City deems it in the public interest to renew the current moratorium
continued by Ordinance No. 2379 until a period at least 60 days after the close of the
2014 Legislative Session in order to investigate this issue further, obtain regulatory
clarity and guidance on how to proceed, and then to adopt City regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on July 22, 2013 to hear testimony regarding
the City's moratorium.
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Section 3. Duration. The moratorium renewed herein shall be in effect until May
31, 2014, unless extended by the City Council, pursuant to state law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15-day period, and who complies with Chapter 69.51A RCW, shall not be deemed
a medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15-day period and who complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
Section 5. No Non-conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non-conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and/or
his/her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries and collective gardens
including but not limited to review of the conflict between state and federal law
regarding the legality of zoning and licensing of medical marijuana uses under any
circumstances and notwithstanding the enactment by the legislature of RCW 69.51A.
In the event that such uses are ultimately determined to be legal, the work program
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should also develop appropriate land use regulations pursuant to the newly amended
law for review and recommendation for inclusion in the zoning regulations or other
provisions of the Tukwila Municipal Code. Further, beyond the extent established by
the Washington State Liquor Control Board, the work program should also coordinate
medical cannabis rules and regulations with the recreational marijuana rules and
regulations established under Initiative 502. The Finance Director and/or his/her
designee is hereby authorized and directed to develop appropriate business licensing
and other regulations pursuant to the newly amended law for review and
recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 9. 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 10. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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(N4 I LA pi,
1908
City of u la
Washington
Ordinance No. 5) 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A 12-MONTH MORATORIUM WITHIN THE
. CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS :OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE
OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2348; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW.35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
, authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, after adoption of the City's moratorium, and despite calls from other
Washington State cities, the Washington State Legislature has failed to provide
clarification on the statutes relating to cannabis collective gardens and/or dispensaries;
and
WHEREAS, several initiatives are currently pending with the Washington Secretary
of State's Office addressing the issue of cannabis; and
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WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the
initiatives go before the people of the State of Washington and, if adopted, before the
initiatives would be enacted into law; and
WHEREAS, the City is not in the position to expend scarce resources in developing
regulations that may be rendered obsolete in a very short time, based on action taken
at the State level; and
WHEREAS, the City desires to wait for the outcome of the vote on these initiatives
and, if passed by the people, to determine any impact these initiatives may have (either.
directly or indirectly) on requirements relating to cannabis collective gardens and/or
dispensaries;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on July 23, 2012 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until
August 14, 2013, unless extended by the City Council, pursuant to State law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15-day period and who complies with Chapter 69.51A RCW, shall not be deemed a
medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
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10
plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15-day period and who complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
Section 5. No Non-conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non-conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and/or -
his/her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. In the event that such uses are ultimately determined to be
legal, the work program should also develop appropriate land use regulations pursuant
to the newly amended law for review and recommendation for inclusion in the zoning
regulations or other provisions of the Tukwila Municipal Code. The Finance Director
and/or his/her designee is hereby authorized and directed to develop appropriate
business licensing and other regulations pursuant to the newly amended law for review
and recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Repealer. Ordinance No. 2348 is hereby repealed.
Section 9. 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 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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•
Section 11. 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 JOF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this tTi4- day of USfi , 2012.
ATTEST/AUTHENTICATED:
Christy O'F erty, MMC, City rk 2eoar
Filed with the City Clerk: 2 - - /
APPR. I A . 0 F'i RM BY: Passed by the City Council: 411:=0,
Published: —
Effective Date:!
- ey M. - -rslake, •' Attorney Ordinance Number: IL;
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VI
/90a
City of u la
Washington
Ordinance No. .D 3S 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT,
LOCATION, OPERATION, LICENSING, MAINTENANCE OR
CONTINUATION OF MEDICAL CANNABIS COLLECTIVE
GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED
OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER
181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF
WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE
MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on August 15, 2011, the Tukwila City Council passed Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be .
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A, the
City is required to hold a public hearing within 60 days of adoption of a moratorium and
to adopt Findings of Fact;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
• Section 1. Adoption of Findings of Fact. The City Council adopts the following
Findings of Fact in support of the moratorium adopted by Ordinance No. 2348:
1. The possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act ("CSA").
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NG:bjs Page 1 of 4
13
•
2. Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited
defense to marijuana charges under state—not federal—law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature
amended the law, and in 2011 the state legislature passed a third amendment to the
law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed.
The newly amended law took effect on July 22, 2011.
3. Prior to issuing her partial veto, the Governor received a letter signed by
Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their
letter, they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities." These U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSA".
4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill
amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities. For example, certain sections that were not vetoed
make reference to other sections that were vetoed.
5. The recent amendments to Chapter 69.51A RCW change the scope and
effect of the law. New sections affect the rights of qualifying patients and their
designated providers. The law now allows "collective gardens" that provide for growing
and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law
also provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers.
6. The new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana. In particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed.
7. The City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws.
8. The City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of these
uses or facilities are minimized and mitigated. These secondary impacts may include,
W:Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11
NG:bjs Page 2 of 4
14
but are not limited to, burglaries associated with the cash and marijuana maintained on
the site, or an increase of other illegal activities, such as drug use, within the vicinity of
these dispensaries.
9. In particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious and cultural
facilities, jails and courthouses. Accordingly, the City Council finds that a zoning,
licensing, and permitting moratorium should be established, pending local review of
appropriate locations and design requirements of these operations, and impacts of the
newly amended law and its interaction with federal law.
10. City staff has presented a staff report to the City Council that outlines a
tentative schedule for examining the impacts associated with collective gardens and
. dispensaries. Given the complexity of examining the issues associated with collective
gardens and dispensaries, the City will need at least one year to complete an in-depth
analysis and to complete a public outreach program.
11. The City Council, following public notice, conducted a public hearing
regarding the moratorium on October 3, 2011.
12. Although the City Council determines that a moratorium is necessary for
the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons.
Nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play.
13. The City Council has considered the foregoing facts, materials and
testimony.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
W:Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11
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15
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 COUNCI F THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this E (1 day of Q c,�t .h.Q/ , 2011.
ATTEST/AUTHENTICATED: J
AIP it � f 1
Christy O'Flah,:i 1 , CMC, City Cler Ji aggerton, 1
APPROVED A c OR BY: Filed with the City Clerk: -463"//
Passed by the City Council: JO-7.i- if
Published: /0 6-- i/
.Effective Date: i 0-/ / -//
Sh- -y M. Kersla Cit Attorney Ordinance Number:
W:Word Processing\Ordinances Medical Cannabis Findings of Fact 9-27-11
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16 •
City of Tukwila
,,,J,, i/ Community Affairs and Parks Committee
190a
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
July 8, 2013—5:15 p.m.
PRESENT
Councilmembers:Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller
Staff: Jack Pace, Stacy MacGregor,Bob Giberson,Ryan Larson,Laurel Humphrey
CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal
Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis
collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original
moratorium originally placed by Ordinance 2348 on August 15, 2011.
4(
Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state
licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget
includes a proviso directing the Washington State Liquor Control Board to develop recommendations
regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Renewing
the moratorium will give the City time to investigate the potential changes to zoning regulations that may
be necessary to address these recent changes as well as to receive any regulatory clarity that may be
forthcoming from the State during the January—March 2014 Legislative Session.
Staff noted that the seventh recital will be modified to reflect the current status of the state budget.
Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW.
UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING.
B. Ordinance: Marijuana Processing, Producing and Retailing
Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational
marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant
to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of
developing rules regarding its implementation. The final rules are due to go into effect on September
14th, with applications for licenses being accepted for 30 days, through mid-October. Licenses will be
issued beginning December 1, 2013.
Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of
schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers.
Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will
coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of
Initiative 502.
Staff indicated that there will be a presentation of potential code amendments to the Planning
Commission at its July 25 meeting, after which recommendations will come before the Council.
After a discussion of the zoning considerations, Committee members agreed that establishing the
moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22
COW FOR PUBLIC HEARING.
17
18
COUNCIL AGENDA SYNOPSIS
J,NtIILA �.i,4 Initials ITEM No.
� s
O 's ) Meeting Date Prepared by M or' treview Council review
lir 24 07/22/13 SM / �
�� 20 08/05/13 SM 36
1905
4B
ITEM INFORMATION
STAFF SPONSOR:STACY MACGREGOR ORIGINAL AGENDA DATE: 07/22/13
AGENDA ITEM TITLE Establish a moratorium on recreational marijuana producers, processors and
retailers.
CATEGORY ® Discussion ❑Motion ❑ Resolution ® Ordinance ❑Bid Award ® Public Hearing ❑ Other
Mtg Date 07/22/13 Mtg Date Mtg Date Mtg Date 8/5/13 Mtg Date Mtg Date 7/22/13 Mtg Date
SPONSOR ❑ Council ❑Mayor ❑ HR ® DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR'S On November 6, 2012, Washington state voters passed Initiative 502 decriminalizing
SUMMARY recreational marijuana and creating a regulatory process to license recreational marijuana
producers, processors and retailers. The rules making is still in a draft stage at the State
yet the state will issue licenses on December 1, 2013. Staff is proposing to establish a
moratorium for 6 months and direct staff to draft a zoning code amendment to establish
location standards for recreational marijuana uses.
REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑Parks Comm. ❑ Planning Comm.
DATE: 07/08/2013 COMMII"1'EE CHAIR: EKBERG
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
CoMMII IbE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Comments: /,/c7
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
MTG. DATE ATTACHMENTS
07/22/13 Informational Memorandum dated 07/3/13
Draft Ordiance renewing moratorium
Minutes from the Community Affairs and Parks Committee meeting 7/8/13
08/05/13
19
20
4 ft's t `�1% City of Tukwila
o a < t Jim Haggerton, Mayor
u, � .. O
ji k
29oa INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Department of Community Development Director
BY: Stacy MacGregor, Assistant Planner
DATE: June 26, 2013
SUBJECT: Establishment of a Moratorium on Marijuana Processing, Producing and
Retailing.
ISSUE
Should the City establish a moratorium on recreational marijuana producers, processors, and
retailers?
BACKGROUND
In the fall of 2012, the Washington voters passed Initiative 502 (1-502), which directs the
Washington State Liquor Control board (LCB) to regulate (recreational) marijuana producers,
processers and retailers. On May 17th, the Liquor Control Board released draft rules regarding
the implementation of 1-502. On June 10th, the LCB announced a revised timeline for final
adoption of regulations. The final rules are set to go into effect on September 14th, with
applications for licenses being accepted during a 30-day window from mid-September to mid-
October. The LCB will begin issuing licenses on December 1, 2013. This is sooner than
expected and necessitates a moratorium while new code provisions are drafted to allow the city
to consider the primary and secondary impacts of recreational commercial marijuana as a use.
Under the draft rules, a local jurisdiction will be notified when a license application is filed with
the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will
prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks,
recreation centers, transit centers, libraries, game arcades and child care centers. The Tukwila
City Council may wish to create a zoning overlay to allow commercial recreational marijuana
use only in certain zones in the city and/or subject to certain location standards.
A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may
not preempt a local ordinance if the statute and the ordinance are not in conflict.
DISCUSSION
Given that the state is establishing a licensing mechanism for recreational marijuana, and, given
the State Liquor Control Board will adopt final rules for 1-502 implementation only two and one-
months before issuing licenses, and, given that the impacts of 1-502 have not been fully
explored; it would is prudent to adopt a moratorium to allow the city time to draft a zoning code
ordinance to coordinate city code with 1-502.
FINANCIAL IMPACT
None.
21
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the
Whole meeting and subsequent August 5, 2013 Regular Meeting and direct the Director of
Community Development to draft zoning code amendments for council consideration to
implement 1-502.
ATTACHMENTS
Draft Ordinance
22 W:12013 Info Memos-Council\REC MJ.doc
' RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A 6-MONTH
MORATORIUM ON THE ESTABLISHMENT, LOCATION,
OPERATION, LICENSING, MAINTENANCE OR CONTINUATION
OF MARIJUANA PRODUCERS, PROCESSORS, AND
RETAILERS AS REGULATED PURSUANT TO WASHINGTON
STATE INITIATIVE 502; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which marijuana producers,
processors, and retailers can become licensed by the State of Washington; and
WHEREAS, Initiative 502 directs the Washington State Liquor Control Board
(WSLCB) to develop rules and regulations to:
1. Determine the number of producers, processors and retailers of marijuana
by county;
2. Develop licensing and other regulatory measures;
3. Issue licenses to producers, processors, and retailers at locations which
comply with the Initiative's distancing requirements prohibiting such uses
within 1,000 feet of schools and other designated public facilities; and
4. Establish a process for the City to comment prior to the issuance of such
licenses; and
WHEREAS, the WSLCB is expected to adopt new regulations on recreational
marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor
and retail licenses to qualified applicants in December 2013; and
WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to
adopt and enforce zoning requirements, business licensing requirements, health and
safety requirements, and business taxes as exercises of the City's police powers; and
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23
WHEREAS, marijuana production, processing, and retailing uses must be
addressed in the City's zoning code, but the land use and secondary impacts of these
uses are still largely unknown and the regulations that the City will need to address
them are uncertain pending the Washington State Liquor Control Board's adoption of its
licensing regulations and procedures; and
WHEREAS, unless the City acts immediately to address marijuana-related uses,
such uses may be able to locate in the City without regulation and thereby have
adverse impacts on the City and its citizens; and
WHEREAS, the City deems it in the public interest to impose a moratorium for a
period of six months in order to investigate this issue further and obtain regulatory
clarity and guidance from the WSLCB's rules;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Established. The City hereby establishes a moratorium
on the establishment of marijuana producers, processors, and retailers asserted to be
authorized under Initiative No. 502.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on July 22, 2013 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium herein shall be in effect until six months
from the effective date noted below, unless extended by the City Council, pursuant to
state law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
1. "Marijuana" means all parts of the plant Cannabis, whether growing or not,
with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
The term does not include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination.
W:Word Processing\Ordinances\Moratorium on marijuana producers-processors-retailers 6-26-13
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24
2. "Marijuana processor" means a person licensed by the state liquor
control board to process marijuana into useable marijuana and marijuana-infused
products, package and label useable marijuana and marijuana-infused products for sale
in retail outlets, and sell useable marijuana and marijuana-infused products at
wholesale to marijuana retailers.
3. "Marijuana producer" means a person licensed by the state liquor control
board to produce and sell marijuana at wholesale to marijuana processors and other
marijuana producers.
4. "Marijuana retailer" means a person licensed by the state liquor control
board to sell useable marijuana and marijuana-infused products in a retail outlet.
5. "Marijuana-infused products" means products that contain marijuana or
marijuana extracts and are intended for human use. The term "marijuana-infused
products" does not include useable marijuana.
6. "Useable marijuana" means dried marijuana flowers. The term "useable
marijuana" does not include marijuana-infused products.
Section 5. No Non-conforming Uses. No use that constitutes or purports to be a
marijuana producer, marijuana processor, or marijuana retailer, as those terms are
defined in this ordinance, that was engaged in that activity prior to the enactment of this
ordinance shall be deemed to have been a legally established use under the provisions
of the Tukwila Municipal Code and that use shall not be entitled to claim legal non-
conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts as its
preliminary findings the recitals set forth above. The Council may adopt additional
findings in the event that additional evidence is presented to the City Council.
Section 7. Work Program. The Director of Community Development and/or
his/her designee is hereby authorized and directed to address issues related to
determining the legality of marijuana production facilities, processing facilities, and
retailing facilities, including but not limited to review of the conflict between state and
federal law regarding the legality of zoning and licensing of recreational marijuana uses
under any circumstances and notwithstanding the enactment by the legislature of
Initiative 502. The work program should also develop appropriate land use regulations
pursuant to the new state law and state licensing requirements for review and
recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code. Such regulations shall permit the location of marijuana
producers, marijuana processors, and marijuana retailers in the City to the extent, but
only to the extent, authorized by state law and then only when in compliance with state
licensing requirements and City regulations. Further, appropriate nuisance declaration
and abatement provisions should be developed to address any violations of any new
state or City regulations or licensing requirements. Such regulations shall be presented
W:Word Processing\Ordinances\Moratorium on marijuana producers-processors-retailers 6-26-13
SM:bjs Page 3 of 4
25
to the Tukwila Planning Commission and Tukwila City Council for consideration and
action in due course. The Finance Director and/or his/her designee is hereby
authorized and directed to develop appropriate business licensing and other regulations
pursuant to the newly amended law for review and recommendation for inclusion in the
zoning regulations or other provisions of the Tukwila Municipal Code.
Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 9. 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 10. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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26
/.-IfLq 4
of „ii 1. City of Tukwila
' '�
�l � ;o� Community Affairs and Parks Committee
2905-�
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
July 8, 2013-5.15p.m.
PRESENT
Councilmembers:Allan Ekberg, Chair;De'Sean Quinn and Kate Kruller
Staff: Jack Pace, Stacy MacGregor,Bob Giberson,Ryan Larson,Laurel Humphrey
CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal
Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis
collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original
moratorium originally placed by Ordinance 2348 on August 15,2011.
Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state
licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget
includes a proviso directing the Washington State Liquor Control Board to develop recommendations
regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Renewing
the moratorium will give the City time to investigate the potential changes to zoning regulations that may
be necessary to address these recent changes as well as to receive any regulatory clarity that may be
forthcoming from the State during the January—March 2014 Legislative Session.
Staff noted that the seventh recital will be modified to reflect the current status of the state budget.
Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW.
UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING.
B. Ordinance: Marijuana Processing, Producing and Retailing
Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational
marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant
to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of
developing rules regarding its implementation. The final rules are due to go into effect on September
14`h, with applications for licenses being accepted for 30 days, through mid-October. Licenses will be
issued beginning December 1, 2013.
Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of
schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers.
Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will
coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of
Initiative 502.
Staff indicated that there will be a presentation of potential code amendments to the Planning
Commission at its July 25 meeting, after which recommendations will come before the Council.
After a discussion of the zoning considerations, Committee members agreed that establishing the
moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22
COW FOR PUBLIC HEARING.
27
28
COUNCIL AGENDA SYNOPSIS
#1.IILA Wqs, Initials ITEM No.
O ; •, ,, Meeting Date Prepared by Ma r'.r review Council review
1t 07/22/13 BG
, '~` O 08/05/13 BG 4C
waav
190E
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 07/22/13
-
AGENDA I1'EM TITLE Duwamish Gardens
Agreement for King County Acquisition Services
CATEGORY ® Discussion ®Motion ❑ Resolution ❑ Ordinance ❑Bid Award ❑ Public Hearing ❑ Other
Mtg Date 07/22/13 At Date 08/05/13 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑Police ® PW
SPONSOR'S King County provided real estate acquisition services for the original purchase of the
SUMMARY Duwamish Gardens site in 2008. Additional services are needed from King County for the
Amalfi Investment proposal to exchange approximately 2,700 SF of the existing Duwamish
Gardens site for a larger portion of Amalfi land totaling approximately 16,500 SF with 260
LF of river frontage. Council is being asked to approve the acquisition services agreement
with King County in the amount of$50,000.
REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑Parks Comm. ❑ Planning Comm.
DATE: 07/08/13 COMMII"1'.EE CHAIR: ALLAN EKBERG
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,000.00 $350,000.00 $0.00
Fund Source: 301 PARKS(PG 65, 2013 CIP)
Comments: Funds for Land will come from design and construction funding.
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
MTG. DATE ATTACHMENTS
07/22/13 Informational Memorandum dated 07/05/13 (revised after 7/8 CAP)
Acquisition Map
King County Agreement for Acquisition Services (Track changes Version)
Final King County Agreement for Acquisition Services
Minutes from the Community Affairs &Parks Committee meeting of 07/08/13
29
30
i�J yl ILA yl,4
sy City of Tukwila
rte'
a o Jim Haggerton, Mayo,
--1908 - INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bob Giberson,Public Works Director
By: Ryan Larson,Senior Program Manager
DATE: July 5,2013(revised after 7/8/13 CAP Committee meeting)
SUBJECT: Duwamish Gardens
Project No.90630102
Agreement for King County Acquisition Services
ISSUE
Authorize the Mayor to sign an agreement with King County for land acquisition services.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site with minor park elements.
The project is currently in the design phase with construction anticipated in spring of 2014.
The Duwamish Gardens site is bounded by the Duwamish River on the south, East Marginal Wy S on the east,and a neighboring
property owned by Amalfi Investments on both the north and west sides.Amalfi Investments has been in contact with the City
since the site was purchased to determine if we would be willing to exchange a portion of the Duwamish Gardens site for a portion
of the Amalfi property. Habitat specialists reviewed all of Amalfi's prior proposals and determined that they did not provide a net
benefit to the habitat features and were rejected.Recently,Amalfi provided a proposal where the City would sell a small portion of
approximately 2,700 SF of the existing Duwamish Gardens site near E Marginal Wy S to Amalfi Investments and Amalfi would
then sell the City a larger portion of land totaling approximately 16,500 SF with 260 LF of river frontage.
ANALYSIS
Acquiring additional project area and river frontage for Duwamish Gardens provides a clear habitat benefit to the project.Staff has
made preliminary contact with the granting agencies to determine if the sale of a portion of the existing site was feasible under the
required deed restrictions placed on the property. Preliminary responses indicate that if we can replace any property that is being
sold,show a net habitat benefit to the overall project,comply with all property acquisition/sale requirements,and keep the sale
portion below$70,000 in value,we should be able to obtain approval from the various granting agencies for the exchange of
property.
King County provided real estate acquisition services for the original purchase of Duwamish Gardens and is now willing to provide
these additional services for the proposed property exchange with Amalfi Investments.The real estate services contract with King
County is$50,000,which is an appropriate amount for this effort.
The agreement language has been updated since the July 8 Community Affairs and Parks Committee meeting per City Attorney's
Office direction to add public records disclosure and indemnity clauses to the agreement. A tracked changes and final version are
attached.
RECOMMENDATION
Council is being asked to approve the acquisition services agreement with King County for the Duwamish Gardens project and
consider this item at the July 22,2013 Committee of the Whole and subsequent August 5,2013 Regular Meeting.
Attachments: Acquisition Map
King County Agreement for Services—Tracked Changes from CAP Agenda
King County Agreement for Services—Final Version
W:\PW Eng\PROJECTSW-DR Projects\Duwamish Gardens 06-DRO2(90630102)\Acquisition\Info Memo King County Agreement for Services-Land Exchange.docx 31
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34
AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA
FOR ACQUISITION SERVICES FOR THE
DUWAMISH GARDENS HABITAT RESTORATION
ENHANCEMENT PROJECT
THIS AGREEMENT is made and entered into by King County,Washington on behalf of King
County("County") and the City of Tukwila("City"),collectively referred to as "Parties."
WHEREAS,the City is desirous of contracting with the County for the use of the County's staff and
services necessary to acquire and/or exchange property; and
WHEREAS,the County is agreeable to providing such services on the terms and conditions
hereinafter set forth and in the mutual covenants and agreements herein contained;
NOW,THEREFORE,it is covenanted and agreed as follows:
I. The County agrees,by and through its Open Space Acquisitions Unit, to provide the services
of contracting for appraisal,title and escrow,environmental reports and review and conducting reviews of title
and appraisal reports,and right-of-way personnel to assist the City in its acquisition or exchange of property in
connection with the surplus as directed by the City. Funding for said services will be through funds held by the
County and/or CFT Funds and/or other City sources of funding.
The County agrees to provide the services described herein, subject to available resources and
consistent with the volume of County service activity upon receipt of a written request from the city.
II. The City shall restrict the use of those properties acquired under this Agreement via deed
restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens property or
consistent with current acquisition granting agency policies.
III. The City shall not be called upon to assume any liability for the direct payment of any
salaries,wages or other benefits to any County employee who is performing services for the City as provided
in this agreement.
IV. The County agrees to cover all County employees encompassed by this agreement with self
insurance under the Industrial Insurance Act.
V. For services rendered,the costs that will be billed by the County are determined as follows:
1. An amount equal to the normal hourly salary of the personnel involved for each hour
involved in City work,plus
2. The actual additional costs incurred in the employment of that employee,which includes
paid time off,employee benefits and office administrative expenses.
3. The actual total charges(salary and additional costs),dependent upon staff member
assigned to project, are as follows (2013 rates):
Title Work $84.86 per hour
Appraisal Services $105.00 per hour
Project Management $110.16 per hour
35
These rates reflect actual 2013 costs. Rates will be adjusted annually in January to reflect
actual staff and operating expenses.
4. Actual costs for title and title review, appraisal and appraisal review, administrative costs
or other services required to acquire the property.
5. The total amount of payment to King County for this work shall not exceed$50,000
without express written modification of this Agreement signed by the City.
VI. The County,while providing project management services to the City, shall also be
responsible for reporting to the City all progress made and will provide an invoice for services billed at regular
intervals.The County shall observe and abide by all applicable requirements and laws related to the retention
and disclosure of public records with regard to all records prepared by the County for the City or prepared in
conjunction with this Agreement.
VII. This Agreement may be amended, altered,clarified,extended,or terminated only by the
written agreement of the Parties hereto.
VIII. This Agreement is not assignable by either Party,either in whole or in part.
IX. The City shall observe and abide by all applicable requirements related to the procurement of
goods and services as mandated by law.
X. The City shall defend,indemnify and hold the County, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries:damages, losses or suits including
attorney fees, arising out of or in connection with the City's performance of its obligations under this
Agreement. The County shall defend, indemnify and hold the City, its officers, agents, officials,employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the County's performance of its obligations under this Agreement.
This Agreement will be effective the day of
2013 for a period of one year.
IN WITNESS WHEREOF, authorizing representatives of the Parties hereto have signed their names in the
spaces set forth below.
CITY OF TUKWILA KING COUNTY,WASHINGTON
BY BY
TITLE TITLE
DATE DATE
APPROVED AS TO FORM:
BY
DATE
36
AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA
FOR ACQUISITION SERVICES FOR THE
DUWAMISH GARDENS HABITAT RESTORATION
ENHANCEMENT PROJECT
THIS AGREEMENT is made and entered into by King County,Washington on behalf of King
County("County")and the City of Tukwila("City"),collectively referred to as "Parties."
WHEREAS,the City is desirous of contracting with the County for the use of the County's staff and
services necessary to acquire and/or exchange property; and
WHEREAS, the County is agreeable to providing such services on the terms and conditions
hereinafter set forth and in the mutual covenants and agreements herein contained;
NOW,THEREFORE, it is covenanted and agreed as follows:
I. The County agrees,by and through its Open Space Acquisitions Unit,to provide the services
of contracting for appraisal,title and escrow,environmental reports and review and conducting reviews of title
and appraisal reports, and right-of-way personnel to assist the City in its acquisition or exchange of property in
connection with the surplus as directed by the City.Funding for said services will be through funds held by the
County and/or CFT Funds and/or other City sources of funding.
The County agrees to provide the services described herein, subject to available resources and
consistent with the volume of County service activity upon receipt of a written request from the city.
II. The City shall restrict the use of those properties acquired under this Agreement via deed
restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens property or
consistent with current acquisition granting agency policies.
III. The City shall not be called upon to assume any liability for the direct payment of any
salaries,wages or other benefits to any County employee who is performing services for the City as provided
in this agreement.
IV. The County agrees to cover all County employees encompassed by this agreement with self
insurance under the Industrial Insurance Act.
V. For services rendered, the costs that will be billed by the County are determined as follows:
1. An amount equal to the normal hourly salary of the personnel involved for each hour
involved in City work,plus
2. The actual additional costs incurred in the employment of that employee,which includes
paid time off,employee benefits and office administrative expenses.
3. The actual total charges(salary and additional costs), dependent upon staff member
assigned to project, are as follows (2013 rates):
Title Work $84.86 per hour
Appraisal Services $105.00 per hour
Project Management $110.16 per hour
37
These rates reflect actual 2013 costs. Rates will be adjusted annually in January to reflect
actual staff and operating expenses.
4. Actual costs for title and title review, appraisal and appraisal review, administrative costs
or other services required to acquire the property.
5. The total amount of payment to King County for this work shall not exceed$50,000
without express written modification of this Agreement signed by the City.
VI. The County, while providing project management services to the City, shall also be
responsible for reporting to the City all progress made and will provide an invoice for services billed at regular
intervals.The County shall observe and abide by all applicable requirements and laws related to the retention
and disclosure of public records with regard to all records prepared by the County for the City or prepared in
conjunction with this Agreement.
VII. This Agreement may be amended, altered,clarified,extended,or terminated only by the
written agreement of the Parties hereto.
VIII. This Agreement is not assignable by either Party,either in whole or in part.
IX. The City shall observe and abide by all applicable requirements related to the procurement of
goods and services as mandated by law.
X. The City shall defend,indemnify and hold the County, its officers, agents,officials,
employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including
attorney fees, arising out of or in connection with the City's performance of its obligations under this
Agreement. The County shall defend,indemnify and hold the City,its officers, agents,officials,employees
and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,
arising out of or in connection with the County's performance of its obligations under this Agreement.
This Agreement will be effective the day of
2013 for a period of one year.
IN WITNESS WHEREOF, authorizing representatives of the Parties hereto have signed their names in the
spaces set forth below.
CITY OF TUKWILA KING COUNTY,WASHINGTON
BY BY
TITLE TITLE
DATE DATE
APPROVED AS TO FORM:
BY
DATE
38
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Duwamish Gardens Project No. 90630102
DESCRIPTION: Purchase and restore site as a salmon estuary and passive park.
JUSTIFICATION: This project is included in the WRIA 9 Salmon Recovery Plan's efforts to acquire and restore 20-acres
within the Duwamish estuary.
STATUS: Property acquired in 2008. Design began in 2012.Construction scheduled for 2014,grant dependent.
MAINT.IMPACT: With a new passive park, additional maintenance will be needed.
Design funding from State Salmon Recovery Board(SRFB)and King Conservation District(KCD).
COMMENT: Acquisition grants included SRFB,WRIA 9 King Conservation District, KC Conservation Futures,WA
State Aquatic Lands and WA State Earmark grant.
FINANCIAL Through Estimated
(in$000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL
EXPENSES
Design 30 110 270 410
Land(RAN) 2,116 2,116
Const. Mgmt. 10 250 50 310
Construction 7 70 1,750 750 2,577
TOTAL EXPENSES 2,153 110 350 2,000 800 0 0 0 0 5,413
FUND SOURCES
Awarded Grant 2,058 110 350 370 2,888
Proposed Grant 1,500 750 1 2,250
Mitigation Actual 0
Mitigation Expected 0
City Oper. Revenue 95 0 0 130 50 0 0 0 0 275
TOTAL SOURCES 2,153 110 350 2,000 800 0 0 0 0 5,413
A. Project Location v r NI ,
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2013-2018 Capital Improvement Program 65
39
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Community Affairs&Parks Committee Minutes July 8, 2013—Page 2
C. Agreement for King County Acquisition Services for Duwamish Gardens
Staff is seeking Council approval to authorize the Mayor to sign an agreement with King County for land
acquisition services regarding the Duwamish Gardens site. Duwamish Gardens was acquired in 2008 for
future restoration as a salmon habitat site with minor park elements, and is currently in the design phase
with construction anticipated in spring of 2014.
Amalfi Investments owns bordering property on the north and west sides, and has proposed a plan under
which the City would sell approximately 2,700 square feet of the existing site near East Marginal Way
South, and in return Amalfi would sell the City approximately 16,500 square feet of land that includes
river frontage. Preliminary contact with the Duwamish Gardens granting agencies indicates that approval
will be granted if certain criteria relating to value, habitat benefit, and acquisition and sale requirements
are met. King County provided the real estate acquisition services for the original purchase of the site and
is now willing to provide services for this additional property exchange for a total not to exceed$50,000.
Staff indicated that this land exchange is of benefit to both parties and recommends authorization of the
agreement. UNANIMOUS APPROVAL.FORWARD TO JULY 22 COW FOR DISCUSSION.
D. Grant Acceptance from the King Conservation District for Duwamish Gardens
Staff is seeking Council approval to accept a grant in the amount of$300,000 from the King Conservation
District (KCD) for the Duwamish Gardens Project. As mentioned during item C, the project is currently
in the design phase with construction anticipated to begin in spring of 2014. The total construction cost
estimate is $2,500,000. This KCD grant does not have matching fund requirements but does require that
the funds be used for construction as described in the application. UNANIMOUS APPROVAL.
FORWARD TO JULY 15 REGULAR CONSENT AGENDA.
E. Duwamish Neighborhood Trail Crossing
Staff provided committee members with an update on safety concerns and enforcement at two trail
crossings along the Green River Trail (one located at 40th Avenue South, east of Interurban Avenue
South, and the other located on South 116th Street east of East Marginal Way South.) Since hearing from
citizens with concerns about these intersections, work has been done to improve sight distance and sign
visibility at the 40th Avenue South location. There are plans to add additional signs within the next 2-3
weeks at both trail crossings that will prominently warn bicyclists of the mandatory stop sign ahead. Spot
enforcement by police officers at these intersections will also help with public awareness.
Committee Chair Ekberg suggested painted warnings on the trail roadway as an additional measure of
notice, and staff agreed to look into it. Committee members will be updated this fall regarding results of
the described safety improvements. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 6:29 p.m.
Next meeting: Monday, July 22,2013—5:15 p.m.—Conference Room#3
Committee Chair Approval
Minutes by LH. Reviewed by 8G.
41
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COUNCIL AGENDA SYNOPSIS
,4.NN1LA 14,4 Initialr ITEM No.
4 Meetin_Date Prepared b Ma or's review Council review
O ,, Z, 07/22/13 BG- ty !M0 ��J.
4 '�,° 4D
�,� '-� _ = 08/05/13 BG
1908
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 07/22/13
AGENDA ITEM TITLE Tukwila Urban Center-Transit Center
F Line RapidRide Fiber Optic Project Agreement with King County Metro
CATEGORY ®Discussion ®Motion ❑ Resolution ❑ Ordinance ❑Bid Award ❑Public Hearing ❑ Other
Mtg Date 07/22/13 Al Is Date 08/05/13 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ❑Mayor ❑HR ❑DCD ❑ Finance ❑Fire ❑IT ❑ P&R ❑ Police ®PW
SPONSOR'S The Council is being asked to consider the interlocal agreement between King County
SUMMARY Metro Transit, Burien, SeaTac, Renton, and Tukwila for the design, construction,
ownership, and maintenance of the F Line RapidRide Fiber Optic Project. The interlocal
agreement defines how all agencies will work together in implementing the F-Line,
provisions for ongoing maintenance and repair,and sharing the new fiber optic cables.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ®Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑Planning Comm.
DA'Z'E: 07/09/13 COMM"1'1'EE CHAIR: KATE KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
CoMMIFI1.E Majority Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
08/05/13
MTG. DATE ATTACHMENTS
07/22/13 Informational Memorandum dated 07/05/13
Design, Construction, Ownership, and Maintenance of the F Line RapidRide
Minutes from the Transportation Committee meeting of 07/09/13
08/05/13
43
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J4.rIILq hq
s y City of Tukwila
0 a ''11: -- Jim Haggerton, Mayor
' rare _
190a INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Directo
•
BY: Cyndy Knighton, Senior Program Manager
DATE: July 5,2013
SUBJECT: Tukwila Urban Center-Transit Center
Project No.90610402
F Line RapidRide ITS Improvements and Shared Fiber Optics
ISSUE
Approve an agreement between King County Metro and local agencies regarding the future F Line bus route(Burien,
SeaTac, Tukwila, Renton)for the design, construction, ownership, and maintenance of the F Line RapidRide Fiber Optic
Project.
BACKGROUND
In 2011, King County Metro(KCM)was awarded a grant through the Federal Transit Authority(FTA)for their F Line
RapidRide project. Since that award, Tukwila staff has worked closely with KCM staff to coordinate the new F Line service
route with the new TUC Transit Center as well as infrastructure needs and impacts along the F Line route.As part of the F
Line's new infrastructure, new fiber optic cables are being installed along the entire route. KCM will be installing 72 strands
of fiber optics but only needs to utilize 24 strands for F Line communication needs. 24 strands will be allocated to
interagency communication needs between all five jurisdictions with the remaining 24 strands dedicated to the local
jurisdictions for their use as needed. Tukwila's portion runs along Southcenter Boulevard between the east and west city
limits. In addition to the 24 strands dedicated to local agencies across all jurisdictions, Tukwila will be given an additional
72 strands, for a total of 96 strands, between 62nd Ave S and West Valley Hwy. Between West Valley Hwy and Rainier Ave
S in Renton,this project will be installing 216 strands of fiber optics for the Community Connectivity Consortium, of which
Tukwila is a member.
DISCUSSION
This agreement between King County, Tukwila, Burien, SeaTac, and Renton defines how all agencies will work together in
implementing the F Line RapidRide Fiber Optic Project, including sharing of new fiber optic cables. Ownership and
maintenance responsibilities are defined, including cost sharing provisions for ongoing maintenance and repair. All other
jurisdictions have approved the attached agreement and signed in counterpart, with Tukwila being the last agency to grant
approval.
FISCAL IMPACT
Estimated value of construction of the new fiber optic line is$1.4 million, although it is completely covered by KCM and the
FTA grants. Tukwila will be responsible for costs associated with future maintenance and repair and, depending on level of
effort and staff availability, Tukwila staff has the capability to perform much of this fiber work in-house.
RECOMMENDATION
Council is being asked to approve the agreement for design, construction, ownership, and maintenance of the F Line
RapidRide Fiber Optic Project and consider this item at the July 22, 2013 Committee of the Whole and the subsequent
August 5, 2013 Regular Meeting.
Attachment:Agreement on the Design,Construction,Ownership and Maintenance of the F Line RapidRide Fiber Optic Project
W:\PW Eng\PROJECTSW-RW&RS Projects\Transit Center(90610402)\Design\INFO MEMO KCM F-Line Fiber Optic Ag 7-5-13.docx 45
46
AGREEMENT ON THE DESIGN, CONSTRUCTION,OWNERSHIP,AND MAINTENANCE OF
THE F LINE RAPIDRIDE FIBER OPTIC PROJECT
Between
KING COUNTY
CITY OF BURIEN
CITY OF SEATAC
CITY OF TUKWILA
CITY OF RENTON
47
48
TABLE OF CONTENTS
I. RECITALS 1
II. PURPOSE OF AGREEMENT 1
III. DEFINITIONS 1
IV. FIBER OPTIC PROJECT BACKGROUND 4
V. SCOPE OF WORK 4
A. OVERVIEW 4
B. DESIGN APPROACH FOR THE COUNTY FIBER 6
C. DESIGN APPROACH FOR LOCAL AGENCY FIBER 6
D. DESIGN APPROACH FOR INTERAGENCY FIBER 7
E. LOCAL AGENCY FIBER DEDICATED TO F LINE RAPIDRIDE 7
VI. RELATIONSHIPS AMONG PARTICIPATING AGENCIES 7
A. PRINCIPLES 7
B. CHANGES 8
C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE 8
D. USE OF FIBERS 8
F. TRANSFER OF FIBERS 8
G. PARTICIPATING AGENCIES'RIGHT OF FIRST REFUSAL 8
H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES 9
I. CONTACT PERSONS AND ADDRESSES 9
VII. THE COUNTY RESPONSIBILITIES AS LEAD AGENCY 9
A. GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY 9
B. AGREEMENTS,APPROVALS,PERMISSIONS,AND PERMITS 10
C. NOTICE OF INSTALLATION AND TESTING 10
D. MAINTENANCE AND REPAIR RESPONSIBILITIES 10
E. COUNTY NONCOMPLIANCE 11
F. AUDIT 11
VIII. FACILITY OWNER RIGHTS AND RESPONSIBILITIES 12
A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 12
B. APPROVALS 12
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 12
D. ACCESS TO AND USE OF FACILITIES 12
E. BUILDING ENTRANCES 13
F. MODIFICATIONS TO FACILITIES 13
G. RELOCATION OF FIBER OPTIC CABLE 13
H. PROPERTY RIGHTS 13
I. DEFAULT AND DISPUTE RESOLUTION 14
IX. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS 14
A. RESPONSIBILITY 14
B. APPROVALS 14
C. INSURANCE 15
X. INDEMNIFICATION AND LIMITATION OF LIABILITY 15
A. LIMITATION OF LIABILITY AND INDEMNITY-THE COUNTY AS LEAD AGENCY 15
B. LIMITATION OF LIABILITY AND INDEMNITY-FACILITY OWNERS 15
C. LIMITATION OF LIABILITY AND INDEMNITY-PARTICIPATING AGENCIES 16
XI. ADDITIONAL TERMS AND CONDITIONS 16
A. LAWS,LICENSES,AND PERMITS 16
B. PERFORMANCE 17
C. AGREEMENT TERM 17
D. TERMINATION FOR CAUSE 17
E. FORCE MAJEURE 17
F. NO WAIVER 17
G. SEVERABILITY 18
H. RIGHTS CUMULATIVE 18
I. CONTRACTUAL RELATIONSHIP 18
J. HEADINGS 18
K. APPLICABLE LAW AND VENUE 18
L. BINDING EFFECTS 18
M. ASSIGNMENT 18
N. NOTICES 18
0. MODIFICATION OR AMENDMENT 19
P. EXECUTED IN COUNTERPARTS 19
F-Line RapidRide Fiber Optic Project i July 2, 2013
49
Attachment 1: F Line Fiber Route Schematic 25
Attachment 2:Project Elements F Line RapidRide Fiber Optic Project 26
Attachment 3: Fiber Optic Project Cost Estimate 30
Attachment 4: Schematic of Typical RapidRide Fiber Optic Components 31
Attachment 5: Ownership and Maintenance Responsibilities of Fiber Optic Project Elements 32
5 0 F-Line RapidRide Fiber Optic Project ii July 2,2013
I. RECITALS
This AGREEMENT is made by and between the City of Burien,the City of SeaTac,the City of
Tukwila,the City of Renton, and King County,hereinafter referred to as the"Participating
Agencies."
WHEREAS,the key elements of bus rapid transit include new,low-floor,hybrid diesel-electric
buses; improved frequency of bus service; improved traffic operations; and transit stations with real-
time passenger information signs; and
WHEREAS,King County's bus rapid transit program has now been named RapidRide; and
WHEREAS,the Participating Agencies are interested in advancing the implementation of this
program; and
WHEREAS,the approved King County transit capital program includes funding to support the
investments in traffic signal systems and communication necessary to implement RapidRide; and
WHEREAS,King County plans to construct a fiber optic network between the Burien Transit
Center,Tukwila International Link Light Rail Station,Tukwila Transit Center,Tukwila Commuter
Rail Station,Renton Transit Center and Renton Landing for the purpose of providing the
communication infrastructure to support capital improvements such as real-time passenger
information signs and transit signal priority elements of RapidRide; and
WHEREAS,King County plans to install a sufficient number of fiber optic cables to meet the
County's needs as well as additional fiber optic cable to support the fiber communication needs of
the Participating Agencies; and
WHEREAS,the City of Burien,the City of SeaTac,the City of Tukwila, and the City of Renton
have conduit path available that can serve all the Participating Agencies; and
WHEREAS,mutually beneficial contractual arrangements with other public entities that leverage
public funds to provide both new and better bus service to cities and major employers is one of four
key strategies identified in the Transit Now proposition approved by King County voters in the
general election on November 7,2006;
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS
AND AGREEMENTS SET FORTH HEREIN,AND FOR OTHER GOOD AND VALUABLE
CONSIDERATIONS, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY
THE PARTICIPATING AGENCIES, THE PARTICIPAING AGENCIES AGREE AS FOLLOWS:
II. PURPOSE OF AGREEMENT
This Agreement defines how the Participating Agencies will work together for the benefit of all the
Participating Agencies in implementing the F Line RapidRide Fiber Optic Project. This document
also outlines the roles and responsibilities of all the Participating Agencies with respect to the
design,use,maintenance, and fmancing of the fiber cables during the term of the Agreement.
HI. DEFINITIONS
Whenever used in this Agreement with initial letters capitalized,the following terms shall have the
following specified meanings,unless the context clearly requires a different meaning:
51
F-Line RapidRide Fiber Optic Project 1 July 2, 2013
A. Acceptance or Accepted
Written documentation of King County's determination that the contractor's work has been
completed in accordance with the contract.
B. Agreement
Refers to this document,Agreement on the Design, Construction, Ownership, and
Maintenance of the F Line Fiber Optic Project.
C. Building Entrance
Conduit or conduits usually connecting a vault,Handhole, or maintenance hole in the public
right-of-way to a building.
D. Common Fiber Spares
Fiber Strands installed as part of the Fiber Optic Project held in reserve solely for
replacement of disabled fibers.
E. Conduit or Duct
Enclosed raceway or tube designed to house Fiber Strands for their protection.
F. Dark Fiber
An optical fiber strand not coupled to an optical light source.
G. Day
Calendar day.
H. Demarcation Point
A point agreed to between the Facility Owner and the County that documents where one
party's responsibilities end and the other's begins.
I. Facility or Facilities
A structure including but not limited to buildings,vaults,maintenance holes,Handholes,
Conduit, and Building Entrances.
J. Facility Manager
The person designated by the Facility Owner to manage the Facility, including granting
access and determining and approving its use and terms and conditions for such use.
K. Facility Owner
The Participating Agency that is the legal owner of a Facility or Facilities or the Participating
Agency holding the legal right to grant permission to occupy,use, or modify Facilities.
L. Fiber Optic Cable
A cable installed by the Participating Agencies pursuant to this Agreement that is composed
of strands of glass fiber, each strand of which is designed to conduct signals of modulated
light(optical signals) from one end to the other.
M. Fiber Optic Project
The activities associated with the installation of fiber optic transmission materials,pursuant to
this Agreement.
5 2 F-Line RapidRide Fiber Optic Project 2 July 2,2013
N. Fiber Strand or Strand of Fiber
A single,thin, transparent fiber of glass enclosed by a material of a lower index of refraction
that reflects light throughout its length by internal reflections.
O. Handhole
An underground structure(usually concrete)providing an opening in a Conduit that workers
may reach into but usually do not enter for the purposes of installation and maintenance of
cable.
P. Indirect Costs
Indirect Costs are costs determined in accordance with a Participating Agency's standard
methodology for computing Indirect Costs. Indirect Costs shall include costs of labor,
benefits, equipment usage,miscellaneous materials,material handling, and administrative and
general charges. This definition also applies to Facility Owner Indirect Costs.
Q. ITS
Intelligent Transportation System.
R. Lead Agency
The Participating Agency designated by mutual consent that is responsible for managing the
Work related to the Fiber Optic Project,including entering into contracts for design and
construction, overseeing the construction work, and assuming responsibility for ongoing
maintenance of the completed Fiber Optic Project on behalf of the Participating Agencies.
King County is designated as the Lead Agency for this Agreement.
S. Make-Ready Work
Any planning, analysis,design, review, adjustment to equipment, construction, and/or other
activities(such as tree trimming)necessary to prepare existing Facilities for use by the Lead
Agency as determined by the Facility Owner.
T. Participating Agency
A public agency that is a signatory to this Agreement for the purpose of engaging in the Fiber
Optic Project.
U. Participating Agency Facilities
Those Facilities owned, managed, and occupied by a Participating Agency.
V. Pathway
Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice
cases, trace wire, etc.
W. Splice
The point where two separate optical Fiber Strands are joined together either mechanically or
by fusion to make one continuous optical fiber strand.
X. Telecommunications Service(s)
Telecommunications Service(s) is the transmission of information over Fiber Strands from
one location to another(not including services provided between two areas within the same
building)meeting industry-accepted transmission standards, their equivalent or replacement
F-Line RapidRide Fiber Optic Project 3 July 2, 2013 53
service. Such information includes but is not limited to voice,video, data,pictures, and
facsimile. Telecommunications Service(s) does not include Dark Fiber or services other than
transmission services.
Y. Work
All activities related to the planning,right-of-way acquisition, scheduling, analysis,design,
engineering,preparation, construction, installation, evaluation,maintenance,repair, and
operation of the Fiber Optic Project as provided for in this Agreement, including Make-
Ready Work.
iv. FIBER OPTIC PROJECT BACKGROUND
King County,hereinafter referred to as the"County,"will deploy F Line RapidRide, a bus rapid
transit(BRT) service,between the City of Burien,the City of SeaTac,the City of Tukwila,and the
City of Renton. RapidRide is a premium transit service with increased frequency,reduced travel
time, and enhanced passenger amenities.
Two key elements of RapidRide service are real-time information signs at selected bus stop
locations and transit signal priority at selected intersections throughout the corridor.To support
these features,the County is developing a network for transporting data from its central
communication system to the roadside, and for communicating wirelessly along the roadside with
real-time information signs, fare transaction processors,and buses.The roadside network will
consist of a fiber optic cable, secure wireless access points at intersections, and backhaul services
provided through the King County WAN and the Washington State Department of Transportation
(WSDOT)regional network.
The Fiber Optic Project will install a large-capacity fiber optic cable along the F Line RapidRide
corridor as shown in Attachment 1 using existing traffic signal, fiber optic, and illumination conduit
along the corridor. This cable will run from the Burien Transit Center to the SW 7th St/Rainier Ave
South in Renton and provide backhaul connections with the King County WAN at the Burien
Transit Center and King County Transvalley corridor, as well as backhaul connections with
WSDOT at the regional hub at State Route 518/SR 99 and at Renton City Hall. The Fiber Optic
Project will include sufficient fiber strands to support the County's RapidRide ITS
communications, local agency communications, and interagency communications.
v. SCOPE OF WORK
A. OVERVIEW
The Fiber Optic Project will install a trunk fiber optic cable between SW 150th St/4th Avenue
SW in Burien and S 7th St/Rainier Ave S in Renton. The fiber optic trunk cable will be a
minimum of 48-strands and a maximum of 288-strands of singlemode fiber optic cable. The
trunk cable will be installed on 4`h Ave SW, S 156th St/S 154th St/Southcenter Blvd/Grady
Way,Powell Ave SW, S 7th St, S PST,Burnett Ave S, S 2nd St. In locations where the
RapidRide route does not coincide with the fiber optic trunk pathway, 24-strand fiber lateral
cables will be installed to provide communications to the RapidRide ITS cabinets. A fiber
routing schematic is provided as Attachment 1,F Line Fiber Route Schematic.
Between the SW 150th St/4th Ave S(Burien)and Southcenter Blvd/62nd Ave S (Tukwila),the
Fiber Optic Project will install a 72-strand fiber optic trunk cable. A 72-strand fiber trunk
will also be installed on West Valley Highway(SR 181)between Grady Way and Strander
Blvd. The fiber cable is sized to support future communication capacity for use by the local
54 F-Line RapidRide Fiber Optic Project 4 July 2, 2013
agencies for public purposes such as video surveillance,traffic signal communications, and
city-to-city communications. The distribution of fiber is as follows:
County RapidRide ITS communications 24 strands
Local agency communications 24 strands
Interagency communications 24 strands
Total 72 strands
Between Southcenter Blvd/62nd Ave S and West Valley Highway(SR 181)/Grady Way,the
Fiber Optic Project will install a 144-strand fiber optic trunk cable. The fiber cable is sized to
provide continuity of the 72-strand fiber trunk from its terminus at Southcenter Blvd/62thl Ave
S to West Valley Highway(SR 181)/Grady Way, while also providing additional 72-strands
dedicated to the City of Tukwila without requiring the installation of two separate fiber cables
within the same conduit pathway. The distribution of the fiber is as follows:
County RapidRide ITS communications 24 strands
City of Tukwila communications 96 strands
Interagency communications 24 strands
Total 144 strands
Between West Valley Highway(SR 181)/Grady Way and SW 7th St/Rainier Ave S,the Fiber
Optic Project will install a 288-strand fiber optic trunk cable.The fiber cable is sized to
provide continuity of the 72-strand fiber trunk, while also providing 216-strands of additional
fiber for the Community Connectivity Consortium without requiring the installation of two
separate fiber cables within the same conduit pathway. A separate agreement between King
County and the Community Connectivity Consortium will be executed for the 216-strands of
additional fiber.The remaining 72 strands of fiber optic cable constitute this segment of the
Fiber Optic Project. The distribution of the fiber is as follows:
County RapidRide ITS communications 24 strands
Local agency communications 24 strands
Interagency communications 24 strands
Total 72 strands
In downtown Renton on S 3`d St and S 2nd St between Rainier Ave S and Burnett Ave S and
on Burnett Ave S between S 3`d St and S 2nd St,the Fiber Optic Project will install a 48-strand
fiber trunk. The fiber cable is sized to support RapidRide communication and future
communication capacity for use by the City of Renton for public purposes such as,traffic
signal communications,and video surveillance. The distribution of fiber is as follows:
County RapidRide ITS communications 24 strands
City of Renton communications 24 strands
Total 48 strands
F-Line RapidRide Fiber Optic Project 5 July 2, 2013 55
The Fiber Optic Project will install 24-strand fiber optic lateral cables on the following
roadway segments:
• Tukwila Parkway between Andover Park W and Andover Park E
• Baker Blvd between Andover Park W and Andover Park E
• Strander Blvd between Andover Park W and W Valley Highway(SR 181)
• Longacres Way between W Valley Highway(SR 181) and Tukwila Commuter Rail
Station
• Tukwila Commuter Rail Station between Longacres Way and SW 27th St Extension
• SW 27th St between Tukwila Commuter Rail Station and Oakesdale Ave SW
• Oakesdale Ave SW between SW 27th ST and Grady Way
• Lind Ave SW between SW 16th St and S 7th St
The fiber optic lateral cables are sized to provide 24-strands of fiber for King County Metro
RapidRide communications.
The Fiber Optic Project includes funding for the design, installation, and construction of local
agency and interagency communication fiber. The local agency communication fiber will be
owned by the local jurisdiction in which this fiber is installed. The interagency
communication fiber will run the length of the F Line RapidRide corridor between the Burien
and Renton Transit Centers. The Community Connectivity Consortium(CCC) shall
reimburse the County for its portion of the fiber cable and shall assume ownership of the 216
strands dedicated to the CCC upon payment to the County.
The elements of the Fiber Optic Project are provided in Attachment 2,Project Elements:F
Line RapidRide Fiber Optic Project.
The construction budget for the Fiber Optic Project is provided in Attachment 3,Fiber Optic
Project Cost Estimate.
B. DESIGN APPROACH FOR THE COUNTY FIBER
The County RapidRide fiber will be installed with multiple channels along the project
corridor. The channels will be established using the fiber optic strands allocated to King
County Metro RapidRide and will be structured to provide connections to multiple backhaul
locations on the corridor.
C. DESIGN APPROACH FOR LOCAL AGENCY FIBER
The local agency fiber will be installed with multiple channels,one for each City along the F
Line corridor.
For the City of Burien,fibers 25 to 30 will be terminated into each traffic signal controller
cabinet along the F Line RapidRide corridor(6-in, 6-out). One pair of terminated fibers shall
transmit the traffic signal interconnect to each of the traffic signal controllers in Burien along
the F Line corridor and two pairs will be terminated into each traffic signal cabinet for future
use. A fourth pair of fiber will be used to pass the interconnect data from the termination
cabinet at SW 153`d St/4th Ave SW to the backhaul point at the Burien Transit Center. All
local agency fibers within the City of Burien shall be spliced so that no City data shall pass
further east than 1st Ave SW on the local agency fibers.
For the City of SeaTac, fibers 25 to 30 will be terminated into each traffic signal controller
cabinet along the F Line RapidRide corridor(6-in, 6-out). One pair of terminated fibers shall
transmit the traffic signal interconnect from backhaul connection at the WSDOT minihub at
SR 518/SR 99 to each of the traffic signal controllers along the F Line corridor and two pairs
5 6 F-Line RapidRide Fiber Optic Project 6 July 2, 2013
will be terminated into each traffic signal cabinet for future use. A fourth pair of fiber will be
terminated only at the WSDOT minihub and at S 156th St/Des Moines Memorial Drive to
pass the interconnect data back from the signal controllers to the backhaul point at the
WSDOT minihub at SR 518/SR99. All local agency fibers within the City of SeaTac shall be
spliced so that no City data shall pass beyond the City's jurisdiction at S 156th St/Des Moines
Memorial Drive and S 154th St/24th Ave S on the local agency fibers.
For the City of Tukwila,no fibers will be terminated in the City's traffic signal controller
cabinets. The local agency fiber shall be terminated only at the backhaul connection points at
the WSDOT minihub at SR 518/SR99 and at the termination cabinet at Southcenter Blvd/62nd
Ave S and at Interurban Avenue/Grady Way. All local agency fibers within the City of
Tukwila shall be spliced so that no future City data shall pass beyond the city's jurisdiction at
Southcenter Blvd/TIBS and Interurban Ave/Grady Way on local agency fiber.
For the City of Renton,no fibers will be terminated in the City's traffic signal controller
cabinets. The local agency fiber shall be terminated only at the backhaul connection points at
Interurban Avenue/Grady Way and at Rainier Ave S/S 7th St.All local agency fibers within
the City of Renton shall be spliced so that no future City data shall pass beyond the city's
jurisdiction at Grady Way/Oakesdale Ave SW and Renton City Hall on local agency fiber.
D. DESIGN APPROACH FOR INTERAGENCY FIBER
All 24 fiber stands(49-72)will terminate in the termination cabinets at 4th Ave SW/SW 153`d
St, SR 518/SR 99, Southcenter Blvd/62nd Ave S, Southcenter Blvd/Grady Way, and Rainier
Ave S/S 7th St.
E. LOCAL AGENCY FIBER DEDICATED TO F LINE RAPIDRIDE
The City of Renton will install 96-strand singlemode fiber optic trunk cable on Rainier
Avenue S as a part of the Rainier Ave S improvement project. The City of Renton shall
dedicate 24-strands of the Rainier Ave S trunk cable to King County Metro F Line RapidRide
communication. Additionally, the City shall dedicate 8 strands of existing fiber optic cable
from S 3rd St/Wells Ave S to each of the RapidRide intersections north of S 2nd St for the
extension of the F Line RapidRide route to the Landing. The City of Renton shall also
dedicate 2-strands of existing fiber from Rainier Ave S/S 7th St to Renton City Hall to provide
for F Line backhaul via the WSDOT Traffic Buster network and 2-strands of existing fiber
from Rainier Ave S/S 7th St to S 180th St/Oakesdale Ave S to provide a backhaul connection
for the F Line via the King County Transvalley fiber.
The City of Tukwila shall also dedicate 2-strands of existing fiber optic cable from Strander
Blvd/Andover Park W to S 180th St/Southcenter Parkway to provide a backhaul connection
for the F Line via the King County Transvalley fiber.
vi. RELATIONSHIPS AMONG PARTICIPATING AGENCIES
A. PRINCIPLES
This Agreement among the Participating Agencies shall conform to the following principles:
1. Participation in the Fiber Optic Project is voluntary.
2. Arrangements for cooperation should be fair and equitable among Participating Agencies.
Any special configuration, such as a routing change to accommodate a particular
Participating Agency, should be paid for in whole by that Participating Agency.
5
F-Line RapidRide Fiber Optic Project 7 July 2, 2013
3. Participating Agencies may have varying amounts of financial and other responsibilities.
Participating Agencies should share maintenance proportionately based on each
Participating Agency's share of ownership or use of the Fiber Strands as described in the
Agreement.
4. In consideration of the perpetual right to use Participating Agencies' conduit,the County
will at its own cost design, install, and dedicate fiber optic cables to the Participating
Agencies for their ownership and use.
B. CHANGES
Participating Agencies shall have the right to propose changes to the Fiber Optic Project,
which must be approved by all Participating Agencies. Changes that impact Facility Owners
shall be subject to approval by the Facility Owners.
C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE
Fiber Optic Cable and Fiber Strands installed as part of the Fiber Optic Project shall be
allocated to the individual Participating Agencies.The Participating Agency shall own all
right and title to these allocated Fiber Strands.The ownership of the elements of the Fiber
Optic Project is identified in Attachment 5, Ownership and Maintenance Responsibilities of
the Fiber Optic Project Elements.
D. USE OF FIBERS
A Participating Agency shall have completely free and unrestricted use of the Fiber Strands
installed and allocated to it under the Fiber Optic Project Agreement for any lawful
government,public education, intergovernment, or public utility purpose subject to applicable
agreements, approvals,permission, and permits. Such right to use shall be for the duration of
the Agreement and for any renewals by the Participating Agencies unless terminated under
the terms and conditions provided herein.
F. TRANSFER OF FIBERS
Participating Agencies shall not assign the use or otherwise convey the use of any of the
Participating Agency's fibers as identified in the Agreement to any other party except to
government,public education, or public utility entities.
Participating Agencies who wish to transfer their allocated fibers must obtain written and
unanimous approval from all Participating Agencies. Participating Agencies are also granted
right of first refusal regardless of the circumstances of the transfer.
G. PARTICIPATING AGENCIES' RIGHT OF FIRST REFUSAL
Before any allocated fibers held by a Participating Agency may be transferred,the other
Participating Agencies, either individually or collectively, shall have a right of first refusal to
accept the transfer of the fibers on the terms and conditions set forth in this section.
(a) Notice of Proposed Transfer.The transferring Participating Agency shall deliver to all
Participating Agencies a written notice stating: (i)the bona fide intention to transfer such
allocated fibers; (ii)the name of each proposed transferee; (iii)the number of fibers to be
transferred to each proposed transferee; (iv)the consideration for which the Participating
Agency proposes to transfer the allocated fibers and the material terms and conditions of
the proposed transfer(the"Offered Terms"); and(v) an offer to sell the allocated fibers at
the Offered Terms to the other Participating Agencies.
58 F-Line RapidRide Fiber Optic Project 8 July 2, 2013
(b) Exercise of Right of First Refusal. At any time within sixty(60) days after receipt of the
notice,the other Participating Agencies, either individually or collectively,may,by
giving written notice to the transferring Participating Agency, elect to accept all,but not
less than all,of the allocated fibers proposed to be transferred to any one or more of the
proposed transferees.
(c) Any government,public education, or public utility entity accepting the transfer of fibers
installed under this Agreement must agree to all the terms and conditions of this
Agreement, and shall notify the Facility Owner(s) of any such transfer.
(d) Participating Agencies may grant the right to use their fiber allocation to any other
government,public education, or public utility entity provided the use is approved by all
of the other Participating Agencies.
H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL
PUBLIC AGENCIES
Nothing in this Agreement precludes Participating Agencies from entering into separate
agreements with other Participating Agencies to use fiber optic cable other than the Fiber
Optic Cable installed pursuant to this Agreement.
I. CONTACT PERSONS AND ADDRESSES
The contact persons for the administration of this Agreement are as follows:
King County: City of SeaTac:
John Toone,ITS Program Manager Florendo Cabudol,City Engineer
King County Department of City of SeaTac
Transportation 4800 S 188th St
201 S Jackson St SeaTac,WA 98188
Seattle,WA 98104
City of Renton:
City of Burien: Ron Hansen,Network Systems
Brian Victor,City Engineer Manager Finance and IT
400 SW 152"d St, Suite 300 1055 S Grady Way
Burien,WA98166 Renton,WA 98057-3232
City of Tukwila: Community Connectivity Consortium:
Cyndy Knighton, Senior Program George McBride,Consultant(GM2)
Manager
6300 Southcenter Blvd, Suite 100
Tukwila,WA 98118-8548
via. THE COUNTY RESPONSIBILITIES AS LEAD AGENCY
A. GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY
The County shall be responsible for the overall management of the Work necessary for the
successful completion of the Fiber Optic Project, as the agent of the Participating Agencies in
the Fiber Optic Project,pursuant to the terms and conditions of this Agreement. The County
shall have the authority and the responsibility for negotiating and entering into such separate
contracts with Facility Owners as are necessary for the specific use of their Facilities in
furtherance of the Fiber Optic Project. The County will also have the authority to enter into
F-Line RapidRide Fiber Optic Project 9 July 2, 2013 5 9
and manage such separate contract agreements with contractors as are necessary to perform
all or part of the Work associated with the Fiber Optic Project.
The County is responsible for ensuring that all applicable terms and conditions of this
Agreement are included in the contracts with Facility Owners and contractors. Prior to
execution of any contracts with Facility Owners or contractors,the County shall provide an
opportunity for the Participating Agencies to review and comment on such agreements. In the
event there is a dispute regarding any of the provisions or lack of provisions in this
Agreement, such dispute shall be resolved through the Dispute Resolution process identified
in this Agreement.
The County shall keep the Participating Agencies informed as to the status of the Fiber Optic
Project.
B. AGREEMENTS, APPROVALS,PERMISSIONS,AND PERMITS
The County shall be responsible for obtaining all necessary agreements, approvals,
permissions, and permits and any other documents required or necessary for the successful
completion of the Fiber Optic Project and for keeping them in place and current.
C. NOTICE OF INSTALLATION AND TESTING
The County shall notify the Participating Agencies when initial installation of the Fiber Optic
Cable and the Acceptance testing of all the Fiber Strands have been completed.
D. MAINTENANCE AND REPAIR RESPONSIBILITIES
1. Maintenance and Repair of Fiber Optic Cable,Fiber Strands, and Pathway
Maintenance of the 72-strand, 144-strand, and 288-strand trunk Fiber Optic Cable and
trunk Fiber Strands installed pursuant to this Agreement, as well as the Pathways between
and including the Demarcation Points, shall be the responsibility of the County as agent
for the Participating Agencies.
For this Agreement,the Demarcation Points are the 25TA fiber vaults.A schematic of the
typical fiber optic components is provided as Attachment 4,Schematic of Typical
RapidRide Fiber Optic Components.
Maintenance of Fiber Optic Lateral Cables and Fiber Strands installed from the 25TA
fiber vaults to the Participating Agencies' equipment shall be the responsibility of the
Participating Agency that owns the equipment to which the lateral cable is connected.
The 25TA fiber vaults installed by the F Line RapidRide ITS project and the RapidRide
ITS cabinets shall be the responsibility of the County.
County maintenance responsibility shall continue for the term of this Agreement and for
any extensions or renewals.
A summary of the maintenance responsibilities for the elements of the Fiber Optic
Project is provided as Attachment 5, Ownership and Maintenance Responsibilities of
Fiber Optic Project Elements.
In instances where service to any of the Participating Agencies has been interrupted on
the County side of the Demarcation Point,the County,at the Participating Agencies'
request,will repair the Fiber Optic Cable as soon as possible provided that all necessary
permissions to effect the repairs have been obtained from the Facility Owner(s).
6 0 F-Line RapidRide Fiber Optic Project 10 July 2, 2013
Restoration of traffic control and public safety services shall be given the highest priority.
In the event of an outage,the Participating Agencies shall work promptly to restore the
functionality of the Fiber Optic Cable as soon as possible and practical after restoration of
any other necessary services.The Participating Agencies shall not cut or otherwise
damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration
of traffic control and public safety services.
2. Maintenance and Repair Expenses
The Participating Agencies shall be responsible for the expense of maintenance and
repair of the Fiber Optic Cable and Fiber Strands for the duration of this Agreement on a
proportional basis as identified in Attachment 5, Ownership and Maintenance
Responsibilities of Fiber Optic Project Elements. When repairs are required as a result of
damage caused by a third party,the Participating Agency in whose jurisdiction the
damage occurred shall seek payment from the third party for the cost of the repair.The
County shall assign a designated maintenance manager who shall review ongoing
maintenance expenses with Participating Agencies as reasonably requested,but at least
on an annual basis.
The County may contract with a vendor capable of making any necessary repairs. The
contact shall provide for around-the-clock service, defined response times, and supply
guarantees.
3. Payments for Maintenance and Repair Expenses
Participating Agencies shall pay all amounts owed to the County within 30 Days of
receipt of the billing.If a Participating Agency disputes all or a part of the payment owed
to the County, then such dispute shall be resolved through the dispute resolution process
identified in this Agreement.
If a Participating Agency cannot or does not make payment for charges owed within 90
Days, the Participating Agency shall be given written notice to correct the default. The
Participating Agency shall have 90 Days, or such longer time after receipt of notice as the
County may authorize in writing, to make payment.
If the Participating Agency and the County still cannot reach agreement on amounts
owed,the dispute shall be resolved through the dispute resolution process identified in
this Agreement.
E. COUNTY NONCOMPLIANCE
The County shall adhere to the terms, conditions, and requirements of the Work as provided
in this Agreement, and the required record keeping as required in this Agreement.Where
there has been gross negligence or willful misconduct on the part of the County, and
additional Work is necessary to conform the Work to the requirements of this Agreement, it
shall be at the expense of the County.
F. AUDIT
The County shall permit Participating Agencies, or their designated agent(s), from time to
time(including up to six years after the expiration or termination of this Agreement)to
inspect and audit all pertinent books and records of the County, contractors, subcontractors,
or any other person or entity in connection with or related to the Fiber Optic Project with
respect to the services provided, costs, and the compensation paid. Such audit shall occur at
F-Line RapidRide Fiber Optic Project 11 July 2, 2013 61
such reasonable times and at such reasonable location(s) as mutually agreed to by the
Participating Agencies and the County.
VIII. FACILITY OWNER RIGHTS AND RESPONSIBILITIES
A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES
Use of Facilities owned by a Participating Agency shall comply with all requirements of the
Participating Agency that owns them. A Facility shall be designed and constructed to
maximize the reasonable, additional future use of such Facility.The general project costs
shall include all fees and charges for the use of the Facility.
This Agreement shall not be construed to authorize any Participating Agency to make use of
any other Participating Agency's Facilities unless such use is specifically authorized by the
Participating Agency in its capacity as a Facility Owner.The Facility Owner has final
approval of planning, engineering, design,material,and maintenance for all portions of the
Fiber Optic Project on or within its Facilities.
B. APPROVALS
All contractors hired by the County to work within or on Facilities shall be subject to
approval by Facility Owner(s).In all agreements with contractors,the Facility Owner(s)may
require the County to specify that the contractors attend one or more pre-construction
meetings with the appropriate Participating Agencies and Facility Owners to review
installation requirements for the Work and any restrictions or other requirements that must be
adhered to prior to any Work being performed in or on Facilities.The contractor agreement
shall state that the Facility Owner or the Participating Agency has authority to stop
inadequate or unsafe Work, or to require that inadequate or unsafe Work be corrected as
provided for in this Agreement.
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS
In choosing to co-locate components of the Fiber Optic Project in Facilities,the Participating
Agencies acknowledge that there are risks associated with having components of the Fiber
Optic Project co-located within any such Facility. Participating Agencies explicitly
understand that risks include bearing all costs, except such costs caused by the gross
negligence or willful misconduct of the Facility Owner, including but not limited to:
provision of alternative communication paths needed by the Participating Agencies, loss of
Participating Agency business, and restoration of their fiber systems if they are damaged.
D. ACCESS TO AND USE OF FACILITIES
The County shall obtain access to and use of Facilities from Facility Owners for the purpose
of installing,maintaining, and repairing components of the Fiber Optic Project, including all
agreements, approvals,permissions, and permits required. Such access shall be subject to
Facility availability as determined by the Facility Manager and any conditions specified by
the Facility Owner.
1. Permission to Enter
Access to Facilities shall be allowed only after the Facility Owner has been notified and
permission has been granted by the Facility Owner.
2. Requests for Access
All requests for access to Facilities must be made through the appropriate Facility
Manager in writing, and shall be subject to the terms and conditions of this Agreement.
6 2 F-Line RapidRide Fiber Optic Project 12 July 2, 2013
In the event of an emergency,requests for access may be made in person or by telephone.
In such cases,prompt written documentation of the request will follow.
3. Buildings
If the County desires to use space in any building,the County shall comply with the
restrictions and conditions specified by the designated building manager.
4. Conformance to Regulations
Access to and use of any Facility shall be in conformance with all codes, regulations, and
requirements.
E. BUILDING ENTRANCES
Where applicable, in the event that a Building Entrance owned or controlled by one of the
Participating Agencies is not usable for either entering a building or for providing access to
the location in a building where the Participating Agencies have installed Fiber Optic Project
components,the County has the responsibility for making alternative arrangements for
building access with the building owner.The expense associated with an alternative Building
Entrance shall be borne by the Participating Agencies using the building.
F. MODIFICATIONS TO FACILITIES
At the County's request,the Facility Owner shall make necessary modifications to any
existing Facilities to enable building access for the Fiber Optic Project. Any requests by the
County for such modifications shall be made to the Facility Owner and/or Manager.
G. RELOCATION OF FIBER OPTIC CABLE
The County will work with the Facility Owner to ensure that the Fiber Optic Cable within or
on Facilities is designed and constructed to minimize the likely need for future relocation.
The Facility Owner has the right of pre-approval and post-construction acceptance of any
work required either to remove cable from within or on Facilities or to place cable within or
on alternative Facilities.
1. All relocations of Fiber Optic Cable,regardless of reason,will be managed by the
County. All relocations will be managed as a part of and under the terms and conditions
of this Agreement.
2. Notice
Except for emergency situations,the Facility Owner will give the County at least 90 Days
notice of the need to relocate any components of the Fiber Optic Project located within or
on Facilities.
3. Relocation
When relocation is required, the Facility Owner may,when possible,provide substitute
Facilities within or on which the Participating Agencies may relocate the components of
the Fiber Optic Project.
H. PROPERTY RIGHTS
Nothing in the terms of this Agreement shall be construed to convey to the Participating
Agencies any property rights in existing Facilities of a Facility Owner.Nothing in the terms
of this Agreement shall be construed to compel a Facility Owner to maintain any of its
Facilities for a period longer than is necessary for its own service requirements. In the event
that Facilities are abandoned by the Facility Owner,the Participating Agencies may remain in
F-Line RapidRide Fiber Optic Project 13 July 2, 2013 6 3
such Facilities at their own risk, subject to the approval of the Facility Owner. Any ownership
rights in Facilities created or constructed as part of the Fiber Optic Project will be allocated
per this Agreement.
DEFAULT AND DISPUTE RESOLUTION
The Participating Agencies desire,if possible,to resolve disputes, controversies,and claims
("Disputes")arising out of this Agreement without litigation.
To that end, if any Participating Agency believes that another Participating Agency,whether
as a Participating Agency,Facility Owner, or Lead Agency,has failed to perform any
obligation under this Agreement or has performed such obligation in a manner inconsistent
with this Agreement,then the Participating Agency shall provide written notice to all
Participating Agencies, stating with specificity the nature of the Dispute.
Thereafter, each Participating Agency shall appoint a knowledgeable,responsible
management representative to meet within 30 Days of the date of the written notice and
negotiate in good faith to resolve any Dispute.
The Participating Agencies agree that the discussions and correspondence among the
representatives for purposes of Dispute resolution shall be treated as confidential information
developed for purposes of settlement, shall be exempt from discovery and production, and
shall not be admissible in any action or proceeding arising under or concerning this
Agreement without the agreement of the parties to the dispute. Documents identified in or
provided with such communications that are not prepared for purposes of the negotiations are
not so exempted and may, if otherwise admissible,be admitted in evidence in any such action
or proceeding.
If the negotiations between the Participating Agencies do not resolve the Dispute within 60
Days of the initial written request,the Dispute shall be submitted to mediation with a
mediator chosen by mutual agreement of the parties.
Each Participating Agency shall bear its own cost of these Dispute resolution procedures.The
Participating Agencies that are party to the mediation shall equally share the fees of the
mediation and the mediator.
Nothing in this paragraph precludes any Participating Agency from seeking relief from King
County Superior Court should mediation efforts be unsuccessful.
IX. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS
A. RESPONSIBILITY
The County as Lead Agency is responsible for ensuring that the applicable terms and
conditions of this Agreement are included in agreements with Facility Owners and
contractors.However, each contractor shall be held liable for any negligence, intentional acts,
or willful or wanton misconduct caused by its performance or failure to perform the work
under this Agreement or any contracts with the County.
B. APPROVALS
All contractors hired by the County to work within or on Facilities shall be subject to
approval by Facility Owners. In all agreements with contractors,the Facility Owner(s)may
require the County to require such contractors to attend a pre-construction meeting with the
appropriate authority to review installation requirements and work restrictions prior to any
work being performed in or on Facilities.The contractor's agreement shall state that the
64 F-Line RapidRide Fiber Optic Project 14 July 2, 2013
Facility Owner or the jurisdiction having rights-of-way has authority to stop Work or require
that inadequate Work be corrected.
C. INSURANCE
Prior to undertaking any work under any this Agreement,the County shall ensure that all
contractors, at no expense to the County,Participating Agencies and Facility Owner(s), have
obtained and filed with the County acceptable evidence of a policy or policies of insurance as
enumerated in this Agreement.
X. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY AND INDEMNITY—THE COUNTY AS LEAD AGENCY
The County,when acting in the capacity as Lead Agency, shall not be liable, in law or in
equity,to the Facility Owner,Participating Agencies,or any subsequent user for any damages
relating to the interruption of service or interference with the operation of the Fiber Optic
Project, except to the extent caused by the gross negligence or willful misconduct of the
County. The Facility Owners and Participating Agencies shall indemnify and save harmless
the County, its officers, employees, and agents from all claims, actions, liability, and damages
of any nature arising out of any act or omission, except in the event of gross negligence or
willful misconduct by the County in connection with this Agreement.
If any claim arises to which this indemnification provision may be applicable,the Facility
Owner shall immediately upon learning of such claim notify the County, and upon such
notice,the County shall promptly notify the Participating Agencies. The Participating
Agencies may, at their option, settle or compromise such claim. In no event shall the Facility
Owner or the County have the right to pay, settle,or otherwise compromise such claim
without the prior written consent of the Participating Agencies,who shall not unreasonably
withhold such consent.
THE COUNTY AS LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY
OWNER,PARTICIPATING AGENCIES, OR THEIR USERS OR ANY SUBSEQUENT
USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL,OR
CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO
AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR
ASSOCIATED EQUIPMENT.
B. LIMITATION OF LIABILITY AND INDEMNITY—FACILITY OWNERS
Facility Owners,when acting in that capacity, shall not be liable, in law or in equity,to the
County as Lead Agency,to Participating Agencies, or to any subsequent user for any
damages relating to the interruption of service or interference with the operation of the Fiber
Optic Project, except to the extent caused by the gross negligence or willful misconduct of
the Facility Owner.The County as Lead Agency and Participating Agencies shall indemnify
and save harmless Facility Owners and Facility Owners' officers, employees, and agents
from all claims, actions, liability, and damages of any nature arising out of any act or
omission, except in the event of gross negligence or willful misconduct by the Facility Owner
in connection with this Agreement.
If any claim arises to which this indemnification provision may be applicable,the Facility
Owner shall immediately upon learning of such claim notify the County as Lead Agency, and
upon such notice,the County shall promptly notify the Participating Agencies. The
Participating Agencies may, at their option, settle or compromise such claim. In no event
shall the Facility Owner or the County have the right to pay, settle, or otherwise compromise
F-Line RapidRide Fiber Optic Project 15 July 2, 2013 6 5
such claim without the prior written consent of the Participating Agencies,who shall not
unreasonably withhold such consent.
THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING
AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY
CIRCUMSTANCES FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF
SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED
EQUIPMENT.
C. LIMITATION OF LIABILITY AND INDEMNITY—PARTICIPATING AGENCIES
A Participating Agency,when acting in that capacity, shall not be liable, in law or in equity,
to the Lead Agency,the Facility Owners or any other Participating Agency,or any
subsequent user for any damages relating to interruption of service or interference with the
operation of the Fiber Optic Project, except to the extent caused by the gross negligence or
willful misconduct of that Participating Agency.The County as Lead Agency,the Facility
Owner, and the other Participating Agencies shall indemnify and save harmless a
Participating Agency and its officers, employees, and agents from all claims, actions,
liability, and damages of any nature arising out of any act or omission, except in the event of
gross negligence or willful misconduct by that Participating Agency in connection with this
Agreement.
If any claim arises to which this indemnification provision may be applicable,the Facility
Owner shall immediately upon learning of such claim notify the County as Lead Agency,and
upon such notice,the County shall promptly notify the Participating Agencies. The
Participating Agencies may,at their option, settle or compromise such claim. In no event
shall the Facility Owner or the County have the right to pay, settle or otherwise compromise
such claim without the prior written consent of the Participating Agencies, who shall not
unreasonably withhold such consent.
A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE COUNTY AS LEAD
AGENCY,THE FACILITY OWNER, OR OTHER PARTICIPATING AGENCIES OR
THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES
ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR
DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT.
XI. ADDITIONAL TERMS AND CONDITIONS
A. LAWS, LICENSES,AND PERMITS
1. General Requirement
All work done under this Agreement shall comply with all applicable federal, state, and
local laws, and all rules,regulations, orders, and directives of relevant administrative
agencies.
2. Licenses,Permits,and Similar Authorizations
The Participating Agencies shall have and maintain in effect at all times all necessary
franchises, licenses,permits, consents, and easements from federal, state, and local
authorities and the owners of rights-of-way and private property. The Participating
Agencies will comply with all requirements thereof to install,construct,maintain,
operate, and remove any fiber optic installation(s).
6 6 F-Line RapidRide Fiber Optic Project 16 July 2, 2013
B. PERFORMANCE
Each Participating Agency will perform all of its obligations under this Agreement in a
timely manner.
C. AGREEMENT TERM
This Agreement shall become effective upon the execution of all Participating Agencies,and
unless terminated in accordance with the terms of this Agreement, shall continue to a term of
20 years.
One year prior to the expiration of this 20-year period,the Participating Agencies shall in
good faith negotiate a renewal agreement for an additional 20-year period or terminate their
participation according to the provisions of this Agreement. Under the terms of any renewal
agreement,the Participating Agencies shall continue to make payments as specified in this
Agreement.
Terms and conditions of this Agreement that have expired shall remain in effect until
superseded by a new agreement.
D. TERMINATION FOR CAUSE
Any Participating Agency may terminate this Agreement in the event that another party fails
to perform its obligations as described in this Agreement, and such failure has not been
corrected to the reasonable satisfaction of the other in a timely manner after notice of breach
has been provided by such other Party.
Notice of termination shall be given by the Participating Agency terminating this Agreement
to the others not less than 45 Days prior to the effective date of termination.
E. FORCE MAJEURE
The term"force majeure"shall include,without limitation by the following enumeration:
acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for
purpose of emergency repairs, and industrial,civil or public disturbances causing the inability
to perform the requirements of this Agreement. If a party is rendered unable,wholly or in
part,by a force majeure event or any other cause not within such party's control,to perform
or comply with any obligation or condition of this Agreement,upon giving notice and
reasonably full particulars to the other party, such obligation or condition shall be suspended
only for the time and to the extent commercially practicable to restore normal operations. In
the event that any party ceases to be excused pursuant to this provision,then the other parties,
including the County as Lead Agency, shall be entitled to exercise any remedies otherwise
provided for in this Agreement.Whenever a force majeure event causes a party to allocate
limited resources between or among a party's other obligations,the Work under this
Agreement shall receive no less priority in respect to such allocation than any of the
Participating Agencies' other projects.
F. NO WAIVER
No term or provision hereof shall be deemed waived or consented to, and no breach excused
unless such waiver or consent shall be in writing and signed by the Participating Agency
claimed to have waived or consented.
Failure of any one or more Participating Agencies to insist upon strict performance of, or a
Participating Agency's waiver of, any of the terms, conditions, or obligations of this
Agreement, shall not be a waiver of any other term, condition, covenant, or obligation, or of
any subsequent default by breach of the same or other term, condition, covenant or obligation
6 7
F-Line RapidRide Fiber Optic Project 17 July 2, 2013
contained herein by any one or more Participating Agencies,nor shall such action or inaction
by any one or more Participating Agencies be construed as to bind or prejudice any other
Participating Agency.
G. SEVERABILITY
In the event any section, sentence, clause, or phrase of this Agreement is adjudicated to be
invalid or illegal by a court of competent jurisdiction,the remainder of this Agreement shall
be unaffected by such adjudication and all other provisions shall remain in full force and
effect as though the section, clause, or phrase so adjudicated to be invalid had not been
included herein.The Participating Agencies agree to negotiate a replacement section,
sentence, clause, or phrase that is legal and most closely represents the original intent of the
Participating Agencies.
H. RIGHTS CUMULATIVE
The rights and remedies of the Participating Agencies provided for under this Agreement are
in addition to any other rights and remedies provided by law. The failure to exercise on any
occasion any right shall not operate to forfeit such right on another occasion. The use of one
remedy shall not exclude or waive the right to use another.
CONTRACTUAL RELATIONSHIP
This Agreement does not constitute the Participating Agencies as the agent or legal
representative of a Facility Owner for any purpose whatsoever.The Participating Agencies
are not granted any express or implied right or authority to assume or create any obligation or
responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner
in any manner or thing whatsoever.
J. HEADINGS
The titles of sections are for convenience only and do not define or limit the contents.
K. APPLICABLE LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of State of
Washington, and venue of any action brought hereunder shall be in the Superior Court for
King County.
L. BINDING EFFECTS
The provisions, covenants,and conditions in the General Terms and Conditions apply to bind
the Participating Agencies and their legal heirs,representatives, successors,and assigns.
M. ASSIGNMENT
No Participating Agency shall assign its rights or assign its duties under this Agreement
without the prior written consent of the other Participating Agencies, which consent shall not
be unreasonably withheld.
N. NOTICES
All notices and other materials to be delivered hereunder shall be in writing and shall be
delivered or mailed to the addresses as identified in this Agreement.
68 F-Line RapidRide Fiber Optic Project 18 July 2,2013
O. MODIFICATION OR AMENDMENT
No modification to or amendment of the provisions of the General Terms and Conditions
shall be effective unless in writing and signed by authorized representatives of the
Participating Agencies to this Agreement. The Participating Agencies expressly reserve the
right to modify any agreement, from time to time,by mutual agreement.
P. EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be an
original,but all of which together shall constitute but one instrument.
F-Line RapidRide Fiber Optic Project 19 July 2, 2013 6 9
IN WITNESS WHEREOF,the Participating Agencies hereto have executed this Agreement on the
respective dates indicated below.
Approved as to Form
Kevin Desmond Anh Nguyen
General Manager,King County Metro Transit Prosecuting Attorney
7 0 F-Line RapidRide Fiber Optic Project 20 July 2, 2013
Approved as to Form
, City of Burien City Attorney
F-Line RapidRide Fiber Optic Project 21 July 2, 2013 71
Approved as to Form
Date: Date:
Todd Cutts, City Manager, City of SeaTac Mary Mirante-Bartolo, City Attorney
7 2 F-Line RapidRide Fiber Optic Project 22 July 2,2013
Approved as to Form
Date: Date:
Jim Haggerton,Mayor,City of Tukwila , City Attorney
3
F-Line RapidRide Fiber Optic Project 23 July 2, 2013
Approved as to Form
, City of Renton City Attorney
4 F-Line RapidRide Fiber Optic Project 24 July 2, 2013
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Attachment 2
Project Elements: F Line RapidRide Fiber Optic Project
Element 1 (Trunk: 4th Ave SW from SW 150th St to SW 153`d St)
The installation of a 72-strand fiber trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands(1-24)
Local Agency Communication(City of Burien): 24 Strands(25-48)
Interagency Communications: 24 Strands(49-72)
Element 2(Trunk(Aerial): 4th Ave SW from SW 153`d St to SW 156th St and SW 156th Street from 4th
Ave SW to Des Moines Memorial Drive)
The installation of a 72-strand fiber trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands(1-24)
Local Agency Communication(City of Burien): 24 Strands(25-48)
Interagency Communications: 24 Strands(49-72)
Element 3(TSC Laterals: 4th Ave SW from SW 150th St to SW 156th St and SW 156th St from 4th Ave SW
to 1st Ave S)
The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets dedicated to the
City of Burien.
Element 4 (ITS Laterals: 4th Ave SW from SW 150th St to SW 156th St and SW 156th St from 4th Ave SW
to 1s`Ave S)
The installation of 12-strand fiber laterals, from trunk line to ITS cabinets dedicated to King County
RapidRide.
Element 5 (Trunk: S 156th St/S 154th St from Des Moines Memorial Drive to International Blvd(SR 99))
The installation of a 72-strand trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands(1-24)
Local Agency Communication(City of SeaTac): 24 Strands(25-48)
Interagency Communications: 24 Strands(49-72)
Element 6 (TSC Laterals: S 156th St/S 154th St from Des Moines Memorial Drive to 24th Ave S)
The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets dedicated to the
City of SeaTac.
Element 7(ITS Laterals: S 156th St/S 154th St from Des Moines Memorial Drive to International Blvd
(SR99))
The installation of 12-strand fiber laterals, from trunk line to ITS cabinets dedicated to King County
RapidRide.
Attachment 2: Project Elements 26 July 2, 2013 77
Element 8 (Trunk: S 154`h St/International Blvd(SR 99)to SR 518 EB on-ramp/International Blvd(SR
99))
The installation of a 144-strand trunk line with fiber distribution as follows:
King County RapidRide: 48 Strands(1-24, 73-96)
Local Agency Communication(City of Tukwila): 24 Strands(25-48)
Local Agency Communication(City of SeaTac): 24 Strands(97-120)
Interagency Communications: 48 Strands(49-72, 121-144)
Element 9 (Trunk: Southcenter Blvd from International Blvd(SR 99)to 62nd Ave S)
The installation of a 72-strand trunk line with fiber distribution as follows:
King County RapidRide: 24 strands(1-24)
Local Agency Communication(City of Tukwila): 24 strands (25-48)
Interagency Communications: 24 strands (48-72)
Element 10 (Trunk: Southcenter Blvd from 62nd Ave S to West Valley Highway(SR 181))
The installation of a 144-strand trunk line with fiber distribution as follows:
King County RapidRide: 24 strands (1-24)
Local Agency Communication(City of Tukwila): 96 strands (25-48, 73-144)
Interagency Communications: 24 strands (48-72)
Element 11 (Trunk: West Valley Hwy(SR 181) from Strander Blvd to Grady Way)
The installation of a 72-strand fiber trunk with fiber distribution as follows:
King County RapidRide: 24 Strands(1-24)
Local Agency Communication(City of Tukwila) 24 Strands(25-48)
Interagency Communication: 24 strands (49-72)
Element 12(ITS Laterals: Southcenter Blvd from International Blvd(SR99)to 66th Ave S,Andover Park
E from Tukwila Parkway to Strander Blvd, Tukwila Parkway from Andover Park E to Andover Park W,
Baker Blvd from Andover Park E to Andover Park W, Strander Blvd from Andover Park W to West
Valley Hwy(SR 181), Longacres Way from West Valley Hwy to Tukwila Commuter Rail Station)
The installation of 24-strand fiber laterals from trunk line off of West Valley Highway to ITS cabinets
dedicated to King County RapidRide.
Element 13 (Trunk: S Grady Way from West Valley Highway to Powell Ave S,Powell Ave S from
Grady Way to S 7`h St, S 7th St from Powell Ave S to Rainier Ave S)
The installation of a 288-strand fiber trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands(1-24)
Local Agency Communication(City of Renton): 24 Strands(25-48)
8 Attachment 2: Project Elements 27 July 2, 2013
Interagency Communication: 24 Strands(49-72)
Community Connectivity Consortium: 216 Strands (73-288)
Element 14(Trunk: S 3`d St from Rainier Ave S to Wells Ave S, S 2nd St from Rainier Ave S to Burnett
Ave S, Burnett Ave S from S 2"d St to S 3rd St)
The installation of a 48-strand fiber trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands (1-24)
Local Agency Communication(City of Renton): 24 Strands (25-48)
Element 15 (Trunk: Rainier Ave S installed by City of Renton)
The installation of a 96-strand fiber trunk line with fiber distribution as follows:
Local Agency Communication(City of Renton): 72 Strands(1-72)
King County RapidRide: 24 Strands (73-96)
Element 16 (ITS Laterals: SW 27th St from Oakesdale Ave SW to Tukwila Commuter Rail Stations
Oakesdale Ave SW from SW 27th St to S Grady Way,Lind Ave S from SW 16th St to S 7th St)
The installation of 24-strand fiber laterals, from trunk line off of Grady Way and S 7`h St to ITS cabinets
dedicated to King County RapidRide.
Element 17(ITS Laterals:Rainier Ave S from S 7`h St to S 3rd St, S 3rd St from Rainier Ave S to Burnett
Ave S, S 2nd St from Burnett Ave S to Rainier Ave S)
The installation of 12-strand fiber laterals, from trunk line to ITS cabinets dedicated to King County
RapidRide.
Element 18 (RapidRide connection to the Renton Landing)
The City of Renton shall provide 8 strands of fiber within the City's existing fiber network on Wells Ave
S,Logan Ave N,N 8th St, and Park Ave N to provide a network connection for the ITS cabinets at each
of the RapidRide intersection for the extension of the F Line RapidRide route to the Renton Landing
Element 19 (Fiber Termination Cabinets)
The installation of three(3)fiber termination cabinets at the following locations:
4th Ave SW/SW 153`d St, Southcenter Blvd/62nd Ave S, and S 7th St/Rainier Ave S.
Element 20(Fiber Connections to new and existing Fiber Termination Cabinets)
The installation of a 144-count fiber connection from the two 72-count trunks to the termination cabinet at
4th Ave SW/SE 153rd h St,and a 144-count fiber connection from the two 72-count trunks to the
termination cabinets at SR 518/SR 99,A 144-count and 72-count connection from the 72-count and 144-
count trunks to the termination cabinet at Southcenter Blvd/62nd Ave S, and a 72-count and 36-count
connection from the 288-count and 96-count trunks to the termination cabinet at S 7th St/Rainier Ave S.
Element 21 (12CT Lateral Backhaul Connection to KCWAN at Burien Transit Center)
9
Attachment 2: Project Elements 28 July 2, 2013
The installation of a 12-strand fiber cable from the termination cabinet at 4th Ave SW/SW 153`d St to the
electrical room in the Burien Transit Center parking garage.
Element 22(Fiber Connection to the WSDOT Mini-Hub at State Route 518
Utilization of the existing King County RapidRide 12-strand fiber cable from the existing fiber
termination cabinet at SR 518/SR99 to the WSDOT fiber mini-hub at State Route 518.
Elements Provided by Others:
For Element 15 and a portion of Element 17(Rainier Ave S project fiber trunk cable and laterals to ITS
cabinets),King County will enter into an agreement with the City of Renton. The City of Renton will
design and install the portion of this project on Rainier Ave S from S Grady Way to S 3`d St.
80
Attachment 2: Project Elements 29 July 2, 2013
Attachment 3: Fiber Optic Project Cost Estimate
Description Burien SeaTac Tukwila Renton TOTAL
Cabling,Conduit and Assoc. Construction $180,745 $293,405 $437,553 $680,993 $ 1,592,695
RapidRide Communication Cabinet Work $109,437 $72,850 $236,369 $335,049 $ 753,705
King County Provided Equipment $24,600 $22,680 $84,040 $165,100 $ 296,420
Roadway, Signal and Channelization $21,039 $11,980 $5,905 $18,000 $ 56,924
Design Contingency(20%) $67,164 $80,183 $152,773 $263,217 $ 563,337
Subtotal 1 $402,985 $481,098 $916,640 $1,462,358 $ 3,263,081
Traffic Control(7%of subtotal 1) $28,209 $33,677 $64,165 $102,365 $ 228,416
TESC(5%of subtotal 1) $20,149 $24,055 $45,832 $73,118 $ 163,154
Tax(9.5%of all above) $42,878 $51,189 $97,530 $155,595 $ 347,192
Construction Subtotal $494,221 $590,019 $1,124,167 $1,793,436 $ 4,001,843
Construction Engineering $74,133 $88,503 $168,625 $269,015 $ 600,276
(15%of Const Subtotal)
Construction Contingency $49,422 $59,002 $112,417 $179,344 $ 400,184
(10%of Const Subtotal)
Total $617,776 $737,523 $1,405,209 $2,241,795 $ 5,002,303
81
Attachment 3: Fiber Optic Project Cost Estimate 30 July 2,2013
Attachment 4: Schematic of Typical RapidRide Fiber Optic Components
El F-Line RapidRide
Schematic of Typical RapidRide Fiber Optic Components
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8 2 Attachment 4: Schematic of Typical Fiber 31 July 2, 2013
Fiber Optic Components
Attachment 5:Ownership and Maintenance Responsibilities of Fiber Optic Project Elements
Project Element Ownership Maintenance
Agency Proportional Cost Sharing
Element 1(4'Ave SW from SW 150'St to SW 153rtl St):72-strand fiber trunk cable King County • King County(50%)
King County RapidRide 24 Strands(1-24) King County City of Burien(50%)
City of Burien Communication 24 Strands(25-48) City of Burien
Interagency Communications:24 Strands(49-72) King County
Element 2(4"Ave SW from SW 153"St to SW 156'Street and SW 156"Street from King County King County(50%)
4°Ave SW to Des Moines Memorial Drive):72-strand fiber trunk cable City of Burien(50%)
King County RapidRide 24 Strands(1-24) King County
City of Buries Communication 24 Strands(25-48) City of Burien
Interagency Communications:24 Strands(49-72) King County
Element 3(4°'Ave SW from SW 150"St to SW 156'Street and SW 156'Street from City of Burien City of Burien City of Burien(100%)
4"Ave SW to 1"Ave S):12-strand fiber laterals,trunk to traffic signal control
cabinets
Element 4(4'Ave SW from SW 150'St to SW 156'Street and SW 1561°Street from King County King County King County(100%)
4"Ave SW to 1"Ave S):12-strand fiber laterals,trunk line to ITS cabinets
Element 5(S 156'St/S 154"St from Des Moines Memorial Drive to International King County King County(50%)
Blvd(SR 99)):72-strand fiber trunk cable City of SeaTac(50%)
King County RapidRide:24 Strands(1-24) King County
City of SeaTac Communications:24 Strands(25-48) City of SeaTac
Interagency Communications:24 Strands(49-72) King County
Element 6(S 156'St/S154th St from Des Moines Memorial Drive to 24"Ave S):12- City of SeaTac City of SeaTac City of SeaTac(100%)
strand fiber laterals,trunk to traffic signal control cabinets
Element 7(S 156'°St/S154th St from Des Moines Memorial Drive to International King County King County King County(100%)
Blvd(SR99)):12-strand fiber laterals,trunk line to ITS cabinets
Element 8(International Blvd(SR 99)from S 154"St/International Blvd to SR 518 King County King County(67%)
EB on-ramp/International Blvd):144-strand fiber trunk cable City of Tukwila(16.5%)
King County RapidRide:48 Strands(1-24,73-96) King County City of SeaTac(16.5%)
City of Tukwila Communication:24 Strands(25-48) City of Tukwila
City of SeaTac Communications:24 Strands(97-120) City of SeaTac
Interagency Communications:48 Strands(49-72,121-144) King County
Element 9(Southcenter Blvd from International Blvd(SR 99)to 62"Ave S):72- King County King County(50%)
strand fiber trunk cable City of Tukwila(50%)
King County RapidRide:24 strands(1-24) King County
City of Tukwila Communication:24 strands(25-48) City of Tukwila
Interagency Communications:24 strands(49-72) King County
Element 10(Southcenter Blvd 62°a Ave S to West Valley Hwy(SR181):144-strand King County King County(25%)
fiber trunk cable City of Tukwila(75%)
King County RapidRide:24 strands(1-24) King County
City of Tukwila Communication:96 strands(25-48,73-144) City of Tukwila
Interagency Communications:24 strands(49-72) King County
Element 11(West Valley Hwy from Strander Blvd to Grady Way):72-strand trunk King County King County(50%)
cable City of Tukwila(50%)
King County RapidRide:24 Strands(1-24) King County
City of Tukwila Communication: 24 Strands(25-48) City of Tukwila
Interagency Communication:24 Strands(49-72) King County
Element 12(Southcenter Blvd from International Blvd(SR99)to 66th Ave S,Andover King County King County King County(100%)
Park E from Tukwila Parkway to Strander Blvd,Tukwila Parkway from Andover
Park E to Andover Park W,Baker Blvd from Andover Park E to Andover Park W,
Strander Blvd from Andover Park W to West Valley Hwy(SR 181),Longacres Way
from West Valley Hwy to Tukwila Commuter Rail Station:12 and 24-strand fiber
laterals,trunk to ITS cabinets
Element 13(S Grady Way from West Valley Highway to Powell Ave S,Powell Ave S King County King County(16.5%)
from Grady Way to S 7th St,S 7th St from Powell Ave S to Rainier Ave S):288- City of Renton(8.5%)
strand trunk cable CCC(75%)
King County RapidRide:24 Strands(1-24) King County
City of Renton Communication:24 Strands(25-48) City of Renton
Interagency Communication:24 Strands(49-72) King County
Community Connectivity Consortium(CCC):216 Strands(73-288) CCC
Element 14(S 3rd St from Rainier Ave S to Wells Ave S, S 2nd St from Rainier Ave S King County King County(50%)
to Burnett Ave S,Burnett Ave S from S 2nd St to S 3rd St):48-strand fiber trunk • City of Renton(50%)
cable
King County RapidRide:24 Strands(1-24) King County
City of Renton Communication:24 Strands(25-48) City of Renton
Element 15(Rainier Ave S installed by City of Renton):96-strand fiber trunk cable King County King County(25%)
City of Renton Communication:24 Strands(1-72) City of Renton City of Renton(75%)
King County RapidRide:24 Strands(73-96) King County
Element 16(SW 27th St from Oakesdale Ave SW to Tukwila Commuter Rail Station, King County King County King County(100%)
Oakesdale Ave SW from SW 27th St to S Grady Way,Lind Ave S from SW 16th St to
S 7th St):24-strand fiber laterals,trunk to ITS cabinets
Element 17(Rainier Ave S from S 7th St to S 3rd St,S 3rd St from Rainier Ave S to King County King County King County(100%)
Burnett Ave S,S 2nd St from Burnett Ave S to Rainier Ave S):12-strand fiber
laterals,trunk to ITS cabinets
Attachment 5:Ownership and Maintenance Responsibilities 32 July 2,2013
of Fiber Optic Project Elements
Project Element Ownership Maintenance
Agency Proportional Cost Sharing
Element 18(RapidRide Connection to the Renton Landing):8-strands of existing City City of Renton King County(25%)
of Renton fiber to each RapidRide intersection in the Renton Landing to provide a
network connection for the RapidRide ITS cabinets.
King County RapidRide:8 Strands(TBD of City of Renton Fiber) King County
Element 19(Fiber Termination Cabinets):Three(3)fiber termination cabinets at SW King County King County King County(100%)
153"St/4"Ave SW,Southcenter Blvd/62"Ave S,S 7°St/Rainier Ave S
Element 20(Connections to new and existing Fiber Termination Cabinets):144-count King County King County King County(100%)
fiber connection from the 72-strand trunks to the termination cabinet at SW 153rd
St/41°Ave SW and at SR 518/SR99,72-count and 144-count connection from the 72-
strand and 144-strand trunks to the termination cabinet at Southcenter Blvd/62""Ave
S,and 144-count and 36-count fiber connection from the 288-strand and 96-strand
trunks to the termination cabinet at S 7"St/Rainier Ave S
Element 21(Fiber Connection to KC WAN at Burien Transit Center):12-strand fiber King County King County King County(100%)
cable from termination cabinet at SW 153"55/4"Ave SW into electrical room in
Burien Transit Center parking garage
Element 22(Fiber Connection to WSDOT at State Route 518):Utilize the existing 12- King County King County King County(100%)
strand fiber cable from termination cabinet at SR 518/SR99 to WSDOT mini-hub at
State Route 518
Attachment 5:Ownership and Maintenance Responsibilities 33 July 2,2013
of Fiber Optic Project Elements
Asti', City of Tuizwila
vet,/
X20, Transportation Committee
�_�90grf
TRANSPORTATION COMMITTEE-Meeting Minutes
July 9, 2013—5:15 p.m. —Conference Room #1
PRESENT
Councilmembers: Kate Kruller; Chair, Dennis Robertson (Absent: Joe Duffle)
Staff: Bob Giberson, Frank Iriarte, Cyndy Knighton, Gail Labanara, Lynn Miranda,Robin Tischmak,
Pat Brodin,Laurel Humphrey
CALL TO ORDER: The meeting was called to order at 5:15 p.m.
I. PRESENTATIONS
No presentations.
H. BUSINESS AGENDA
A. Tukwila Urban Center—Transit Center
Staff is seeking Council approval of an agreement between King County, Tukwila, Burien, SeaTac,
and Renton for the design, construction, ownership, and maintenance of the F Line RapidRide
Fiber Optic Project. As part of the new infrastructure required by the F Line, fiber optic cables are
being installed along the entire route. Additional strands beyond those required for F Line
communication needs are being allocated to the five jurisdictions and others for uses to be
determined by the cities. This agreement defines how the agencies will work together in
implementation of this project, detailing ownership, and maintenance responsibilities. Staff
confirmed for Committee members that future maintenance will likely be very minimal and much
can be performed by the City. MAJORITY APPROVAL. FORWARD TO JULY 22, 2013
C.O.W.
B. Contract Supplement—Services related to the Supplemental Environmental Impact Statement(SETS)
for Tukwila's Urban Center Plan
Staff is seeking Council approval of a contract supplement with Fehr & Peers in the amount of
$5,500 in order to complete an air quality impact analysis for the Southcenter Subarea Plan, as part
of the Supplemental Environmental Impact Statement (SETS). This additional funding is required
because the original scope of the contract assumed that the consultant team would be able to
leverage prior work to assess air quality impact, but the consultant found nothing comparable that
would be useful. The SEIS, including this contract supplement, is fully funded by the federal
Tukwila Urban Center/Transit Oriented Development grant. MAJORITY APPROVAL.
FORWARD TO JULY 15,2013 REGULAR CONSENT AGENDA.
C. Interlocal Agreement—State Purchasing
Staff is seeking Council approval of the Master Contract Usage Agreement(MCUA)with the State
of Washington's Department of Enterprise Services to continue using state contracts as a
purchasing resource. The State's General Administration Department, who previously administered
the Washington State Purchasing Cooperative, has been replaced by the Department of Enterprise
Services. Existing membership in the purchasing cooperative ended in June 2013, and in order to
continue using state contracts, the City must sign a new agreement with the Department of
Enterprise Services. MAJORITY APPROVAL. FORWARD TO JULY 15, 2013 REGULAR
CONSENT AGENDA.
H:\Committee Minutes\Transportation\Trans 070913.docx
87
•
88
COUNCIL AGENDA SYNOPSIS
r1LA �f' ITEM NO.
_Ntl .4S' __-- Initials--------
y F i Meeting Date Prepared by Mayo .r review Council review
O - 07/22/13 BG ( d '� �.
'el' ' , - O 08/05/13 BG 4E
2908
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR:BOB GIBERSON ORIGINAL AGENDA DATE: 7/22/13
AGENDA ITEM TITLE 2013 Annual Sewer Repair Program for Installation of Two Side Sewers
Bid Award to King Construction Co., Inc.
CATEGORY ® Discussion ®Motion ❑ Resolution ❑ Ordinance ❑ BidAward ❑ Public Hearing ❑ Other
Mtg Date 07/22/13 Mtg Date 08/05/13 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ❑Finance ❑Fire ❑IT ❑P&R ❑Police ® PW
SPONSOR'S It was discovered in December 2012 that two residences were not connected to the public
SUMMARY sanitary sewer system. In addition, a 10 foot section of sewer main needs to be replaced as
a tree root is blocking the sewer pipe. Four firms from the MRSC Small Works Roster
submitted bids and King Construction Co., Inc. submitted the low bid. Council is being
asked to award the contract to King Construction in the amount of$49,056.00.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte
® Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/15/13 COMMITTEE EE CHAIR: JOE DUFFIE
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMIT I'hE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$49,056.00 $75,000.00 $0.00
Fund Source: 402 SEWER FUND(PAGE 116&118, 2013 CIP)
Comments: Remaining balance in 2013 Annual Sewer is$43k,so will use Silk from 551h Ave S Sewer,
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
MTG. DATE ATTACHMENTS
07/22/13 Informational Memorandum dated 07/12/13
Page 116 & 118, 2013 CIP
Vicinity Map
Bid Results &King Construction's Proposal
Minutes from the Utilities Committee meeting of 07/15/13
89
90
4<kritk %z City of Tukwila
a , I o Jim Haggerton, Mayor
1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director.
BY: Mike Cusick, P.E., Program Manager •
DATE: July 12, 2013
SUBJECT: 2013 Annual Sewer Repair Program
Project No.91340201
Bid Award
ISSUE
Award bid to King Construction Co., Inc. for the installation of side sewers to the Desimone residence at 6532
Southcenter Blvd (S 154th St)and Duong residence at 6542 Southcenter Blvd, Tukwila Washington.
BACKGROUND
It was discovered in December 2012 that sanitary sewer charges for the Desimone residence at 6532 Southcenter
Blvd had been being paid to the City of Tukwila without being connected to the public sewer system. During the
investigation of the Desimone residence, it was determined that sewer service for neighboring residence at 6542
Southcenter Blvd was also being paid,with no connection to sanitary sewer.
In addition to the installation of the two side sewers, a 10-foot section of existing sewer main is being replaced due to a
tree root blocking a portion of the sewer line. This project must be completed as soon as possible as septic tank
systems to both houses are failing.
DISCUSSION .
Four firms from the MRSC Small Works Roster submitted bids for the side sewer installation project. King
•
Construction, Co., Inc. of Pacific, Washington, submitted a bid of$49,056.00, including sales tax, bonding, and
insurance. King Construction has successfully completed work in the past for Valley View Sewer District.
Engineer's Bid 2013 Annual Sewer
FINANCIAL IMPACT Estimate Results Repair Budget
Construction (includes tax) $43,252.50 $49,056.00 $75,000.00
Contingency 10% 4,325.25 4,905.60 0.00
Total $47.577.75 $53.961.60 $75,000.00
The Annual Sewer Repair Program has$75,000 budgeted for 2013, although $32,000 was used for the S 180th St
Sewer Sliplining Project. The balance of$11,000.00 will be met from the remaining $35,000 for the 55th Ave S Sewer
Line Repair project which came in under budget.
RECOMMENDATION
Council is being asked to approve the contract with King Construction Co., Inc. in the amount of$49,056.00 for the
side sewer installation project and consider this item at the July 22, 2013 Committee of the Whole meeting and
subsequent August 5, 2013 Regular meeting.
attachments: Pages 116&118,2013 CIP
Vicinity Map
Bid Results and King Construction's Proposal 9 W:\PW Eng\PROJECTS\A-SW Projects\2013 Annual Sewer Repair(91340204)\Desimone Side Sewer Installation\Info Memo Bid Award.doc 9 1
92
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: Annual Sewer Repair Program Project No. Varies
Reduce sewer line infiltration and inflow(I&I)through groundwater intrusion or storm events as a
DESCRIPTION: result of damaged deteriorating systems or unopposed connections. Include small repairs and capital
maintenance.
JUSTIFICATION: Decrease treatment, discharge, and pumping costs.
STATUS: Annual program is determined after pipeline TV inspection reports are completed.
MAINT.IMPACT: Less maintenance costs through rehabilitation of aging system.
COMMENT: Ongoing project, only one year actuals shown in first column. 2011 funds were used for Interurban Gravity Sewer.
FINANCIAL Through Estimated
(in$000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL
EXPENSES
Design 0
Land(R/W) 0
Const. Mgmt. 0
Construction 75 75 75 75 75 75 75 75 600
TOTAL EXPENSES 0 75 75 75 75 75 75 75 75 600
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 0 75 75 75 75 75 75 75 75 600
TOTAL SOURCES 0 75 75 75 75 75 75 75 75 600
I I
�4, Project Location: . __„�..�.._...._
s.'� ' Entire System ;
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VGIS
93
2013-2018 Capital Improvement Program 116
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
PROJECT: 55th Ave S Sanitary Sewer Line Repair Project No. 90640203
DESCRIPTION: Repair existing 8"sanitary sewer line that has collapsing pipe in 55th Ave South.
JUSTIFICATION: The repair is needed to prevent the line from complete failure.
STATUS:
MAINT. IMPACT: If line collapses, sewer will be plugged and back up, causing property damage.
COMMENT: Sewer line is down 15+feet in paved street.
FINANCIAL Through Estimated
(in$000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL
EXPENSES
Design 0
Land(R/W) 0
Const. Mgmt. 5 5
Construction 65 65
TOTAL EXPENSES 0 0 70 0 0 0 0 0 0 70
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 0 0 70 0 0 0 0 0 0 70
TOTAL SOURCES 0 0 70 0 0 0 0 0 0 70
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0 F:olimi, BEFORE YOU DIG
1-800-424-5555
NOT TO SCALE
DESIMONE SIDE SEWER
o��giaLa �a��
City �f 6532 SOUTHCENTER BLVD.4 x t�j' SHEET: VICINITY MAP
oy Tukwila REVISION#1: JULY 9, 2013 LAST REVISION:
. 1908 P� APPROVAL: M.Cusick _335
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PROPOSAL June 13. 2013
Side Sewer Installation
at
6532 and 6542 Southcenter Boulevard
THIS IS A PREVAILING WAGE JOB
installation of Side Sewer
Description Unit Cost
Perform all work associated
with this project including
bonding and insurance. Lump Sum $ 7/, _57)0•CO
Trench Safety System Lump Sum $ "I:s7 00,00 —
Tax (9.5%) $ Sg‘620
Total J $ 0 56,00
Company Name: K.-2"v`_ _,(eos tAP-4-
Contact Name: 41-‘,( 1+t)°–
Address: c?h9,- to-y, to, "PL___ s. 1.f/
LAA4-- Li 0
Telephone: '2. e3s--
Please return to: Mike Cusick, P.E.
City of Tukwila
Public Works Department •
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Pease return to the City of Tukwila by 5:00 PM Friday June 28, 2013.
(W:PW EngTrojects/A-SW/912402041Propo1 6532 t3:6542 Southcmer Bl
98
ok„ ., ., City of Tukwila
4 ~� Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
July 15, 2013—5:00 p.m. —Conference Room 1
PRESENT
Councilmembers: Joe Duffie,Chair;Allan Ekberg and Verna Seal
Staff: Bob Giberson,Frank Iriarte,Mary Miotke, Mike Cusick, Ryan Larson,Robin Tischmak,Pat
Brodin,Peter Lau, Gail Labanara and Laurel Humphrey
Guests: Chuck Parrish, resident
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Community Connectivity Consortium Approve Project Agreement 65
Staff is seeking Council approval of Community Connectivity Consortium Project Agreement 65, which
allows for the design and installation of a 288 strand fiber optic cabling system between Rainier Avenue
South /Southwest 7th Street in Renton, and Interurban Avenue South/Grady Way in Tukwila. This
installation will provide a critical pathway for future connectivity to the Sabey Data Center and Valley
cities. Tukwila's in-kind contribution of existing conduits and fiber infrastructure is valued at
approximately $15,000, and the total estimated cost of the project is $351,350.00. This Project Agreement,
the first of three which impact Tukwila, is expected to be completed in August. Councilmember Ekberg
inquired about future maintenance costs and staff responded that those costs will be reallocated through the
consortium. UNANIMOUS APPROVAL. FORWARD TO AUGUST 5 REGULAR CONSENT
AGENDA.
B. 2013 Annual Sewer Repair Program Bid Award
Staff is seeking Council approval of a contract with King Construction Co., Inc. in the amount of
$49,056.00 for the installation of side sewers to the Desimone residence at 6532 Southcenter Boulevard and
the Duong residence at 6542 Southcenter Boulevard. In December 2012, it was revealed that these
households were paying sewer charges without being connected to the public sewer system. The project
will also include the replacement of a 10-foot section of existing sewer main due to a tree root blockage.
King was selected out of a total of four bids due to cost and past success. UNANIMOUS APPROVAL.
FORWARD TO JULY 22 COMMITTEE OF THE WHOLE.
C. 2012 Small Drainage Program Project Completion and Acceptance
Staff is asking Council to formally accept as complete the contract with Green River Construction
Company, Inc. for the 2012 Small Drainage Program. This program provided drainage improvements at
eight locations in the City, including storm pipe and structure replacements, slip line pipe liner
rehabilitation, asphalt pavement and concrete curb replacements, and site restorations. Construction was
completed in December 2012 and included just one change order for a time extension. The total amount
paid was $652,460.16, which was under budget. Council is also being asked to authorize the release of
retainage. UNANIMOUS APPROVAL. FORWARD TO AUGUST 5 REGULAR CONSENT
AGENDA.
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COUNCIL AGENDA SYNOPSIS
J��NALA ti, Initials ITEM No.liti
A . Meeting Date Prepared by Mal's rivi Council review
y 07/22/13 CT
�� 2� 4F
2908
ITEM INFORMATION
STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 7/22/13
AGENDA ITEM TITLE Alliance One Lease Agreement
CATEGORY ® Discussion ❑Motion ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing ❑ Other
Mtg Date 7/22/13 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PWI
SPONSOR'S Information is attached for City Council review to determine the future status of the
SUMMARY Alliance One Lease Agreement. The City has had annual lease agreements with Alliance
One since 2009. On 1/23/13 the Finance and Safety Committee recommended that a 6-
month lease be approved through 6/30/13, which was approved by the full Council at the
2/4/13 Regular Meeting. The Council is being asked to provide direction on continuation
of the lease.
REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte
❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DAZE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
7/22/13
MTG. DATE ATTACHMENTS
7/22/13 Informational Memorandum from David Cline dated 07/16/13
Informational Memorandum from Judge Walden dated 07/16/13
Minutes from the Finance and Safety Committee meeting of 1/23/12
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��J ILA !y
'`J ass 2 City of Tukwila
o `*0144, Jim Haggerton, Mayor
1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
•
CITY COUNCIL
FROM: David Cline, City Administrato � '�'
DATE: July 16, 2013
SUBJECT: Alliance One Lease Agreement
ISSUE
At the request of the Finance & Safety Committee, this memorandum provides information for
use by the City Council to make an informative decision regarding the Alliance One lease
agreement.
BACKGROUND
•
Alliance One is the company Tukwila Municipal Court contracts with to provide collection
services for unpaid court fines and fees. This company also manages long-term payment plans
for our customers not in collections (Signal Credit). In May 2009, Alliance One began leasing
space with the City of Tukwila.
DISCUSSION
It is the position of the administration that at the time the original lease was executed the City
believed it was worthwhile to provide this space to Alliance One while monitoring the
advantages and impacts this situation would create for the City and residents utilizing City Hall.
Since that time Alliance One has now opened additional offices in Seattle and Kent, and also
offers to accept payments over the phone or online, which provide alternate payment options for
Tukwila Municipal Court customers.
While both the Seattle and Kent pay stations are located at their Municipal Courts, both of the
Seattle and Kent Municipal Courts are not located at City Hall. Having Alliance One located in
Tukwila City Hall has increased the volume of traffic and vehicles at City Hall. A small
percentage of Alliance One customers are Tukwila residents. Approximately 10,000 people per
year, or an average of 40 additional visitors a day, visit the Alliance One pay station in Tukwila.
This creates challenges for residents who need to utilize City Hall for a wide range of services
(payment of utility bills, pet licenses, business license renewals, etc.). The main City Hall lobby
has a large volume of Alliance One customers, waiting in a queue. The tenant has taken steps
to improve the flow of foot traffic and reduce noise and disruptions but the City believes the
negative impacts and image this activity creates does not offset the rent and other benefits.
Administration would recommend that the lease agreement with Alliance One be terminated
effective December 31, 2013.
FINANCIAL IMPACT
Alliance One currently pays the City of Tukwila $750.00 a month to lease space in the court
area.
RECOMMENDATION
Staff recommends that the City Council provide direction to the administration on the termination
or renewal of the Alliance One Lease Agreement.
103
1'04
,� qs
J ; sz City of Tukwila
Jim Haggerton, Mayor
190a INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
CITY COUNCIL
FROM: Kimberly A. Walden, Presiding Judge Tukwila Municipal Court
BY: LaTricia Kinlow, Court Administrator
DATE: July 16, 2013
SUBJECT: AllianceOne Pay Station
ISSUE
At the request of the Finance & Safety Committee, this memorandum provides information for use by the City
Council to make an informed decision regarding the AllianceOne rental agreement.
BACKGROUND
AllianceOne is the company with whom Tukwila Municipal Court contracts collection services for unpaid court
fines and fees. This company also manages long-term payment plans for our customers who are not in
collections (Signal Credit). In May 2009, AllianceOne began leasing space with the City of Tukwila. This lease
agreement was encouraged by the court in order to better support county and state-wide re-licensing efforts.
More importantly, the AllianceOne window provides opportunities for our court customers to remain in
compliance with court ordered payments of fines and fees.
While there is a small percentage of AllianceOne customers with a Tukwila residential address, keep in mind,
most court customers are NOT Tukwila residents. They are persons who violate traffic laws or commit crimes
within Tukwila city limits. These are people who will continue to drive in and around Tukwila frequenting
businesses, government services, and who may be employed in Tukwila. This makes it even more imperative
that we help them stay in compliance and remain or become lawful drivers—validly licensed and insured. With
over 300,000 unlawful drivers in our state and a high volume of motor vehicle traffic in our city, the court
strongly believes that we owe it to our citizens to help alleviate the problem of uninsured/unlicensed drivers
involved in motor vehicle accidents.
On average, approximately 10,000 customers visit the Tukwila Pay Station every year. In 2012, 9,691
customers were served at the pay station resulting in $1,827,981.73 collected at the Tukwila location.
Unfortunately, we are unable to confirm the amount of revenue received via AllianceOne/Signal Credit that is
retained by the City. The payments received from the collection agency are processed in JIS (Judicial
Information System), and we are unable to create a bifurcated report detailing from whom the money was
received. The allocation of the funds are distributed between the executive branch, AOC, State, special funds,
etc., just like any other payments received by the court. The information below reflects the total amount
collected at the Pay Station in 2012 for accounts assigned by Tukwila:
Total Collected for Tukwila Court in 2012 - $71,583.96
• $66,223.00 —AllianceOne
• $5,360.96 - Signal
In 2012 AllianceOne begin using a payment box for the convenience of those customers who make monthly
payments. This allows the customer to come into the court lobby and place their payment in the payment box
and eliminates the need for them to actually visit the window. Approximately 5 customers per day use the
payment box.
105
INFORMATIONAL MEMO
Page 2
Total collected at the Tukwila Pay Station
2010 $2,353,498.17
2011 $2,568,896.03
2012 $1,654,462.38
There is a decrease in the revenue amount due to the Kent Pay Station opening in 2012. This also resulted in
a decline in the number of AllianceOne patrons visiting the City's facility. Funds collected at the Seattle and
Kent Municipal Court locations are as follows:
Total collected at the Kent Pay Station
2010 — Not open
2011 - $496,257.28 (Opened in April)
2012 - $1,983,440.79
Total collected at the Seattle Pay Station
2010 - $4,995,708.40
2011 - $4,298,172.07
2012 - $3,834,620.07
OTHER PERTINENT CUSTOMER INFORMATION
In the 1st Quarter of 2013 More than 600 customers visited the court for non-court, non-collections related
matters. The court team willingly provided the information the customer needed or directed them to the proper
source.
PERTINENT INFORMATION IN SUPPORT OF THE PAY STATION
The court has a relicensing program where defendants appear before the court and make arrangements to pay
their traffic fines. The Tukwila Municipal Court strives to provide resources to help customers comply with
court orders. Having AllianceOne located in the same facility as the assists customers seeking to reinstate
their driving privileges by providing them the convenience with a convenient place to pay their fine, thereby
ensuring access to justice.
The court met with the Prosecutor and the Public Defense Team and they support keeping the pay station at
the Tukwila Municipal Court.
FINANCIAL IMPACT
AllianceOne currently pays the City of Tukwila $750.00 a month to lease space in the court area. While the
court receives no direct financial benefit from the lease agreement, the court customers and court stakeholders
receive a great benefit from having the AllianceOne pay station here at the Tukwila Municipal Court.
RECOMMENDATION
In keeping with the city's mission, "To provide superior services that support a safe, inviting and healthy
environment for our residents, businesses and guests,"it is the court's recommendation that the city supports
the court's efforts of providing superior services to our customers by signing the lease agreement with
AllianceOne through the December 31, 2016. This date correlates with the lease agreement the city currently
holds with the Sound Cities Association for their office space in the 6300 Building.
ATTACHMENTS
Letter from Seattle Municipal Court
C:14ients and Settingslchristy.TUKWILA\Local SettingslTemporary Internet Files\Content.Outlook\FOTTAFSU\Memo to Mayor Haggerton(AllianceOne Pay Station).doc
THE MUNICIPAL COURT OF SEATTLE
1C^SdIt;CTOki
February 13, 2013
To: Honorable Kimberly A. Walden
Latricia Kinlow, Court Administrator) ,Fr: Kimi Kondo,Presiding Judge t L^
Yolande E. Williams, Court Administrator
Re: AllianceOne Lease
We understand that you are reviewing your agreement to lease space in your court to
AllianceOne Receivables.
Seattle Municipal Court's contract with AllianceOne requires them to operate at least one
south King County payment location. This arrangement gives citizens of other cities a
more convenient place to pay their debts to other courts as well as ours, and we believe it •
demonstrates the spirit with which our courts have collaborated over the years to serve
citizens navigating their way through the courts.
As you probably know, AllianceOne leases two front counter spaces in our court's lobby.
Last year,the Seattle location accepted over$27,000 in fines and obligations on behalf of
your court. Also, according to AllianceOne, their Tukwila Muni Court pay station •
collected over$140,000 in Seattle Muni Court obligations,which constituted about nine
percent of the revenue collected there. Since many of those who have accounts in
collections have limited means, having geographically diverse payment options helps to
minimize the distance they must travel to pay in person and it also encourages payment.
Seattle's contract with AllianceOne expires March 31,2014. We hope that you will
decide to continue leasing space in your court to AllianceOne in the spirit of court
collaboration and a commitment to improve access to justice.
Municipal Court of Seattle,PO Box 34987,Seattle,WA 981244987 www.seattle.gov/courts
TN(Healing t&Speech Impaired)6848210
. 107
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��wI1LA�:yqs`\
/o,i y , City of Tukwila
,o) Finance and Safety Committee
�•..190a
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
January 23, 2013—5:15p.m.; Conference Room #3 ** Wednesday meeting due to holiday
PRESENT
Councilmembers: Dennis Robertson,Chair, Chair;Verna Seal and De'Sean Quinn
Staff: Mike Villa,Mary Miotke,Joyce Trantina,Peggy McCarthy,Vicky Carlsen,Richard Takechi,
Kim Walden,Trish Kinlow,David Cline and Kimberly Matej
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:36 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Contract: Strategic Plan Implementation—BERK Consulting
Staff is seeking Council approval to enter into a contract with BERK & Associates in an amount not to
exceed $65,000 to assist in the implementation of the City's 2012 Strategic Plan. The following outcomes
are included in the proposed scope of work and are considered deliverables:
• Conceptual phasing of Strategic Plan elements
• Alignment of department work plans with the City's budget and Strategic Plan
• Production of frameworks that illustrate alignment and clarify roles about relationships
between people,processes and products
• Performance measures for communicating and tracking processes
• Provide communication strategies
In summary, this contract will provide assistance to the City that guides and manages the ongoing Strategic
Plan process. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW FOR
DISCUSSION.
B. Lease Agreement: Alliance One
Staff is seeking Council approval to enter into 6-month lease agreement with Alliance One Receivables
Management for front counter workspace located within the Tukwila Municipal Court at City Hall. The
lease rate is $750 per month.
Alliance One is an accounts receivable management service for revenue recovery which began leasing
space in the Court in 2009. The current lease expired on December 31, 2012, and staff is proposing a six-
month lease retroactive to January 1,2013 through June 30,2013.
The six-month lease proposal has been made so that the advantages and disadvantages of continuing to
have this service located in City Hall can be assessed. After discussion regarding specific advantages and
disadvantages, the Committee requested that staff return to a Committee of the Whole meeting towards the
end of first quarter or beginning of second quarter to present their findings to the full Council. For now, the
Committee recommends processing the six-month lease. UNANIMOUS APPROVAL. FORWARD TO
FEBRUARY 4 CONSENT AGENDA.
C. Ordinance: Leak Adjustment Policy
Staff is seeking Council approval to repeal two ordinances regarding water and sewer bill leak
adjustments.
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Upcoming Meetings & Events
July/August 2013
22nd (Monday) 23rd (Tuesday) 24th(Wednesday) 25th (Thursday) 26th (Friday) 27th (Saturday)
D Community D Transportation D COPCAB, Movies on the Tukwila Int'l.Blvd.
Affairs&Parks Cmte, 6:30 PM Green Action Cmte's
Cmte, 5:15 PM (CR#5) *G Trash Pickup Day
5:15 PM (CR#1) 9:00-10:00 AM
& For location contact
(CR#3) D Planning Sharon Mann
Commission, "Here Comes 206-200-3616
6:30 PM the Boom"
D City Council (Council (Foster Golf Links Touch- a -
Committee of Chambers) 13500 Interurban Truck Event
the Whole Mtg., Ave S)
opens at (Foster High School
7:00 PM Seating P parking lot
(Council 8:00 PM-Movie 4242 S.144th)
Chambers) begins at dusk. 10:00 AM to 2:00 PM
C.O.W to be A variety of exhibitors will
immediately also be on site to distribute
followed by a free summer safety tips as
well as emergency
Special Meeting. preparedness information.
Free Fun!
Free Residential
Shred Event
10:00 AM to 1:00 PM
• (Foster High School
parking lot
4242 S.144th)
Look under"City
Headlines"at
www.tukwilawa.gov
for additional
information.
29th (Monday) 30th (Tuesday) 31st(Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday)
D Lodging Tax D City Council D Equity& FREE Summer Pitch in for Parks!
Advisory Work Session Diversity Outdoor Cinema Join the Parks
Committee on the Natural Commission, Series Department for a
In person meeting, Environment and 5:15 PM Donation of two monthly cleanup at
registration 12:00 NOON Shoreline (CR#3) cans of food per Cascade View Park
Avenue S)
family member to be (Courtyard by chapters of the fam (14211 37`h )
eligible to vote in Marriott,400 Comprehensive requested to support 9:00 AM
the Tukwila Food
the August 6 Andover Park Plan Update. Panes 1'''
Saturday of each
election. West) 5:30 PM (Community Center) month
For information, (Community Seating area opens
go to Center,Meeting at 8:00 PM. Movie \ �IAN,
www.kingcounty. > City Council Room B) starts at dusk. , ;r,�t>�'
qov/vote Work Session Today's movie: !
on the Natural The Lorax i.
Environment Concessions ( �r
and Shoreline available for r
chapters of the purchase. a�
Comprehensive
Plan Update.
5:30 PM
(Community
Center,Meeting
Room B)
>City Council Committee of Whole(C.O.W.)Meeting: 2nd&4th Mon.,7:00 PM,Council Chambers at City Hall.
>City Council Regular Meeting: 1st&3rd Mon.,7:00 PM,Council Chambers at City Hall.
>Community Affairs&Parks Committee: 2nd&4th Mon.,5:15 PM,Conf.Room#3.(A)An ordinance updating Tukwila Municipal
Code Chapter 7.08 regarding livestock small animals and fowl. (B)An ordinance adopting the 2012 International Property
Maintenance Code(JPMC). (C)Final acceptance of the Tukwila Pool Roof Project (D)Parks and Recreation updates. (E)Update on
Duwamish Gardens Project.
"COPCAB(Community Oriented Policing Citizens Adv.Board): 4th Thurs.,6:30 PM,Conf.Rm#5. Chris Portman(206-431-2197).
>Equity&Diversity Commission: 1st Thurs.,5:15 PM,Conf.Room#3. Contact Joyce Trantina at 206-433-1868.
>Finance&Safety Committee: 1st&3rd Tues.,5:30 PM,Conf.Room#3
Lodging Tax Advisory Committee: Every other month(or as scheduled),12:00 NOON. Contact Katherine Kertzman at 206-575-
2489.
'Parks Commission: 3rd Wed.,5:30 PM,Meeting Room B at Community Center. Contact Dave Johnson at 206-767-2308.
>Planning Commission/Board of Architectural Review: 6:30 PM,Council Chambers at City Hall. Contact 206-431-3670.
➢Transportation Committee: 2nd&4th Tues.,5:15 PM,Conf.Room# 1 JA)Surface Water Lift Station No.15 Bid Award. (B)
Surface Water Lift Station No. 15 Purchase of Backup Generator. (C)42" Ave S/Allentown Roadside Barrier Warrant Analysis. (D)
Update on Allentown area relating to the Burlington Northern Santa Fe(BNSF)Railroad. (E)Commute Trip Reduction Program
WSDOT Funding Agreement. (F)South County Area Transportation Board(SCATBd)Agreement.
>Tukwila Historical Society: 3rd Thurs.,7:00 PM,Tukwila Heritage&Cultural Center. Contact Pat Brodin at 206-433-1861 1 1 1
Utilities Committee: 1st&3rd Mon.,5:00 PM,Conf.Room#1
Tentative Agenda Schedule
MONTHS MEETING 1� E INC MNVEETING
REGINA. COW G IL R r COW.
a3 +
y.3•. �. max`, ,. ..
July 1 8 15 22
See agenda packet
cover sheet for this
week's agenda
(July 15,2013
Committee of the Whole
Meeting).
August 5 12 19 26
Special Presentations: Special Presentations: Special Presentations: Special Issues:
Contest winners for Meritorious Service Mid-year update from Disposition on Urban
Night Out Against Medal to Officer Council President. Renewal Properties.
Crime posters. Patrick Hisa.
Update on Medic Distinguished Service
One/EMS Levy. Medal to Officer Eric Unfinished Business:
2nd Quarter Update Devries and K9 Council Electronic
on TIB/Strategic Plan. Stryker. Usage Policy.
Distinguished Service
Proclamations/ Medal to Officer Jamie
Appointments: Sturgill and K9 Gino.
Appointments/ Introduction of new K9
Reappointments for Team,Officer Brent
LTAC and Equity and Frank and Ace.
Equity and Diversity
Commission.
Public Hearing:
Consent Agenda: Comprehensive Plan
Accept as compete the Update.
2012 Small Drainage
Program with Green
River Construction;. Special Issues:
Authorize the Mayor Council Electronic
to sign Community Policy.
Connectivity Burlington Northern
Consortium Items.
Agreement 65 for the
installation of a 288
strand fiber optic
cabling system.
Unfinished Business:
An ordinance
regarding medical
cannabis collective
gardens and
dispensaries.
An ordinance
regarding marijuana
producers,processors,
and retailers.
Agreement with King
County Acquisition
Services for
Duwamish Gardens.
Authorize the Mayor
to sign a lease with
Alliance One.
An Interlocal
Agreement with King
County for the F-Line
RapidRide ITS
Improvements.
112