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HomeMy WebLinkAboutCOW 2004-09-27 COMPLETE AGENDA PACKET Tukwila City Council Agenda ,o .:. COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: * Para Carter · Joe Duffle ~ Rhonda Berry, City Administrator * Dave Fenton * Joan Hernandez Jim Haggerton, Council President * Pamela Linder · Dennis Robertson Monday, September 27, 2004; 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL State of health care regarding City employees - PRESENTATION Dick Charles, The Charles Group. 3. CITIZEN At this time, you are invited to comment on items not included on COMMENT this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. Utility tax ordinance (Ordinance No. 1998) - review and reaffirmation. b; All Hazards Emergency Management Plan and implementation procedures. c. Consultant contract for Boeing Access Road Bridge design report. d. Draft ordinance amending land altering/grading regulations. e. Draft resolution supporting the national commitment toward achieving "The American Dream.' f. Draft ordinance regulating motorized scooters, EPAMDs and pocket bikes. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206-433-1800/TDD 206-248-2933. This notice is available at www.ei.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. J�v�n�a; tyq• COUNCIL AGENDA SYNOPSIS 411, \t• Initia/.r ITEM NO. 1 Meeting Date 1 Prebared by 1 Mayor's review I Council review 1 'in ;gal; 09/27/04 1 ARD 1 I I /ryt 1.1. 1 A y 1 1 I I I I 1 I I 1 1 ITEM INFORMATION I CAS NUMl3ER: 04-133 IORIGINAL AGENDA DATE: 9/27/04 AGENDA PrEM TIME Review of Utility Tax increase for 2005 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other lift Date 9/27/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SPONSOR Council A Mayor Arlin Svcs DCD Finance Fire Legal P&R Police PIW SPONSOR'S Ordinance No. 1998, which established the City's Utility Tax, requires a review of the rate SUMMARY changes in 2005 to determine if the increase is still necessary. See attached memorandums for more information. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 9/20/04 RECOMMENDATIONS: SPONSOR /ADMIN. Confirm that rate increases are still necessary COMMITTEE Move forward for discussion COST IMPACT /FUND SOU RCE, EXPENDITURE. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $lI /A'N /A Fund Source: N/A Comments: MTG°DATE I RECORD_OF..COUN`CILACTION`'. fi= 9/27/04 1 MTG.DATE.I ATTACHMENTS. 9/27/04 September 22, 2004 memorandum from Finance Director 9/27/04 September 16, 2004 memorandum from Finance Director 9/27/04 Copy of Ordinance No. 1998 9/27/04 September 20, 2004 Finance Safety Committee minutes To: Tukwila City Council From: Alan R. Doerschel, Finance Director Date: September 22, 2004 Subject: Utility Tax Increase for 2005 The scheduled increase of an additional 1% in the Utility Tax rate for 2005 requires a review by the City Council prior to implementation. The purpose for a r~view is to determine whether the economy has improved significantly enough to defer the increase. The information below would indicate that the financial situation has not improved to a great extent. · The 2004 actual sales increase is only 1.2% year-to-date. · There was only $19 million of new construction added to the assessed valuation this year, which will reflect a less than 2% increase in Property Tax revenue for 2005. · The impact of the Medical premiums and increased contributions to the retirement systems will cause the inflating growth to increase to 5% per year in the Planning Model. · The increased need to fund capital projects such as Klickitat has put additional pressure on the City's revenue generation. · The Planning Model still has an annual deficit between new revenues and planned expenditures. Partially offsetting these negative factors is the anticipated revenues from Sound Transit project (Permit Fees & Sales Tax) and the Mall expansion anticipated revenues (Sales Tax). Hopefully, the Streamlined Sales Tax issue will be concluded in our favor. However, it looks increasingly probable that we will lose at least a portion of our revenue during the State Legislative process. In addition to the Utility Tax increase, the City Light Franchise agreement calls for an increase in that fee. Although there is no specific requirement to review that fee, it might be appropriate to acknowledge this increase by motion as well as the Utility Tax. To: Mayor and Finance & Safety Committee From: Alan R. Doerschel ~ ~t~ ~ Date: September 16, 2004 Subject: Utility Tax Ordinance #1998 The enabling Ordinance #1998 for the Utility Tax implementation requires the City County Council consider the need to raise the rate from 4% to 5% in 2005 and from 5% to 6% in 2007. This is outlined in Section 4.5 of the attached ordinance. It simply requires the City Council to review the rate change prior to implementation. This was based on the notion that the economy might change dramatically, thus reducing the need for the additional 1% increase. Given the current financial position of the City it does not appear that we are in a better fiscal condition at the present time. The reason for making a decision at this time of the budget process is notice to the various businesses subjected to collecting the tax. We must give them sufficient notice for their billing processes. Ott s? 1'Z Y� \_....i 1. 1908 City of Tukwila Washington Ordinance No. f 9 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A UTILITY TAX TO PROVIDE REVENUE FOR CITY SERVICES AND CAPITAL REQUIREMENTS; ESTABLISHING A SPECIAL REFERENDUM PROCEDURE; SETTING PENALTIES FOR NON- COMPLIANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the Financial Planning Model demonstrated that there will be a deficit balance in the General Government Funds by 2005; and WHEREAS, the City has availed itself of all appropriate revenue sources currently authorized, and has reduced expenditures by 5% in the Financial Planning Model; and WHEREAS, the basic City service levels would be greatly reduced without a new source of revenue; and WHEREAS, the City Council has determined that the public interest is best served by the implementation of a utility lax; and WHEREAS, the City Council will review the rate changes scheduled for 2005 and 2007 to determine if they are necessary before they are implemented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Utility Tax. The tax provided for in this ordinance shall be known as the "utility tax," and is levied upon the privilege of conducting an electric energy, natural or manufactured gas, telephone, or cable television business within the City of Tukwila effective February 1, 2003, Section 2. Use and Accountability of Tax Proceeds. All revenues collected pursuant to this ordinance shall be deposited into the General Fund, and shall be used for the funding of City services or capital requirements as the Council shalt direct through its annual budget process. Section 3. Definitions. As used in this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. 1. "Cable television services" means the transmission of video programming and associated non video signals to subscribers together with subscriber interaction, if any, which is provided in connection with video programming. 2. "Cellular telephone service" means any two way voice and data telephone or similar communications system based in whole or in substantial part on wireless radio communications, including cellular mobile service, and which is not subject to regulation by the Washington State Utilities and Transportation Commission. Cellular mobile service includes other wireless radio communications services including specialized mobile radio, personal communications services, and any other evolving rna„y u..1 wireless radio communications technology that accomplishes a purpose substantially similar to cellular mobile service. Cellular telephone service is included within the definition of "telephone business" for the purposes of this ordinance. 3. "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, directory advertising and lease of telephone street directories, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which may be provided by persons not subject to regulation as telephone companies under Title 80 RCW, and for which a separate charge is made. Transmission of communication through cellular telephones is classified as "telephone business" rather than "competitive telephone service." 4. "Finance Director" means the Finance Director of the City of Tukwila, Washington, or his or her designee. 5. "Gross income" means the value or accruing from the performance of the particular business involved, including gross proceeds of sales, compensation for the rendition of services, and receipts (including all sums earned or charged, whether received or not) by reason of investment in the business engaged in (excluding rentals, receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness, or stocks and the like), all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or any expenses whatsoever, and without any deduction on account of losses. 6. "Pager service" means service provided by means of an electronic device which has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission "Pager service "is included within the definition of "telephone business" for the purposes of this ordinance. 7. "Person" means any person, firm, corporation, association, or entity of any type engaged in a business subject to taxation under this ordinance. 8. "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, or coin telephone services, or providing telephonic, video, data, pager or similar communication or transmission for hire, via a local telephone network toll line or channel, cable, microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of competitive telephone service or cable television service, or other providing of broadcast services by radio or television stations. Section 4. Occupations Subject to Tax Amount There is levied upon, and shall be collected from a person because of certain business activities engaged in or carried on in the City of Tukwila, taxes in the amount to be determined by the application of rates given against gross income as follows: 1. Upon a person engaged in or carrying on the business of selling, furnishing or transmitting electric energy, a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income from such business in the City during the period for which the tax is due; 2. Upon a person engaged in or carrying on the business of selling, furnishing, or transmitting gas, whether natural or manufactured, a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income from such business in the City during the period for which the taxis due; Utility i.x.2 3. Upon a person engaged in or carrying on any telephone business a tax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income, including income from intrastate long distance toll service, from such business in the City during the period for which the tax is due; 4. Upon a person engaged in or canying on the business of selling, furnishing or transmitting cable television service, a lax equal to 4% for the calendar years 2003 and 2004; 5% for the calendar years 2005 and 2006; and 6% for the calendar years 2007 and beyond, of the total gross income from such business in the City during the period for which the tax is due. 5. In addition to the automatic annual review of the Financial Planning Model, the City Council will review the need for scheduled rate changes for 2005 and again for 2007. Section 5. Tax Year. The tax year for purposes of this utility tax shall commence February 1, 2003 and end December 31, 2003, and thereafter shall commence on January 1, and end on December 31st each year. Section 6. Exceptions and Deductions. There is excepted and deducted from the total gross income upon which the tax is computed: 1. That part of the total gross income derived from business which the City is prohibited from taxing under the constitution or laws of the United States and the constitution or laws of the State of Washington. 2. Income derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010 for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services; or for access to, or charges for, interstate services; or charges for network telephone service that is purchased for the purpose of resale. 3. Adjustments made to a billing or customer account in order to reverse a billing or charge that was not properly a debt of the customer. 4. Cash discounts allowed and actually granted to customers of the taxpayer during the tax year. 5. Uncollectible debts written off the taxpayer's books during the tax year. If subsequently collected, the income shall be reported for the period in which collected. Section 7. Monthly Installments. The tax imposed by Section 4 of this ordinance shall be due and payable in monthly installments, and remittance therefore shall be made on or before the last day of the month following the end of the monthly period in which the tax is accrued. Annual returns for smaller entities may be allowed upon written approval from the Finance Director. On or before said due date, the taxpayer shall file with the Finance Director a written return upon such form and setting forth such information as the Finance Director shall reasonably require relating to the accurate computation and collection of this tax, together with the payment of the amount. Section 8. Taxpayer's Records. Each taxpayer shall keep records reflecting the amount of the taxpayer's gross income on sales and services within the City, and such records shall be open at all reasonable times for the inspection of the Finance Director or his designee to verify information provided on any utility tax return, or to determine whether such return is required to be filed. Section 9. Failure to Make Returns or to Pay the Tax in FulL If a taxpayer fails, neglects, or refuses to make his return as and when required by this ordinance, the Finance Director is authorized to determine the amount of the tax payable under provisions of Section 4 of this ordinance, and to notify such taxpayer of the amount so determined. The way u..3 amount so fixed shall thereupon be the tax and be immediately due and payable, together with penalty and interest Delinquent taxes, including any penalties, are subject to an interest charge of 12 percent per year on the unpaid balance from the date any such taxes became due as provided in Section 7 of this ordinance. Section 10. Penalty for Delinquent Payment. If a person subject to this tax fails to pay any tax required by this ordinance within fifteen days after the due date thereof, there shall be added to such tax a penalty of ten percent of the amount of such tax. Any tax due under this ordinance that is unpaid and all penalties thereon shall constitute a debt to the City and may be collected by court ings, which remedy shall be in addition to all other remedies. Section 11. Overpayment of Tax. Money paid to the City through error, or otherwise not in payment of the tax imposed by this ordinance, or in excess of such tax, shall, upon discovery, be credited against any tax due or to become due from such taxpayer hereunder, provided however, that overpayments extending beyond one year prior to notification of the City shall not be refunded. If such taxpayer has ceased doing business in the City, any such overpayment shall be refunded to the taxpayer. Section 12- Noncompliance Penalty. A. No person subject to this ordinance shall fail or refuse to file tax returns or to pay tax when due, nor shall any person make a false statement or representation in, or in connection with, any such tax return, or otherwise violate or refuse to comply with this ordinance or with any rule promulgated pursuant to Section 14 herein. B. In addition to the interest and delinquent filing penalties set forth above, a willful violation of or failure to comply with this ordinance is a civil infraction, subject to a fine of up to $250 for each day that a violation continues. Section 13. Appeal. A taxpayer aggrieved by the amount of the tax, penalties, interest, or civil infraction fine determined to be due by the Finance Director or his designee, under the provisions of this ordinance, may appeal such determination to the City of Tukwila's City Administrator or his or her designee. Section 14. Finance Director to Make Rules. The Finance Director shall have the power to adopt and enforce rules and regulations not inconsistent with this ordinance or with the law for the purposes of carrying out the provisions thereof. Section 15. Tax relief. The Finance Director will develop and propose to the Council a utility tax relief program for the City's senior and disabled low- income residents. Section 16. Refergndum Procedure. The provisions of this ordinance are subject to the referendum procedure as follows: 1. A referendum petition seeking to repeal this ordinance shall be filed with the City Clerk who shall be designated the person to receive petitions of all types, within seven days of the passage by the City Council of this ordinance or publication thereof, whichever is later. 2. Within ten days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure. 3. The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten -day period. UGliryux.4 4. After notification of the identification number and ballot title, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15% of the registered voters of the City and to file the signed petitions with the City Clerk. 5. Each petition form shall contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the city or at a special election as provided pursuant to RCW 35.17.260(2). Section 17. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or Rs application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 18. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY Z7 TUKWILA, gyp INGTON, at a Regular Meeting thereof this 1 day of yL� cctt�n kJ 2002. ATTEST /AUTHENTICATED: Steven M. Mullet Mayor p ane E. Cantu, CMC, City Clerk Filed with the City Clerk /1- /4 0 7- V Passed by the City Council: h fY- 0 7 APPROVED AS TO FORM BY: Published: 1/- 2 2 O E f f e c t i v e Date: /2 2 7- Ordinance Number. 9 9 X dffic� of teCity Attorney Milky us -5 Finance & Safety Committee September 20 Page 2 Budget Goals for 2005 A preliminary list of goals was presented (Council Goals) to the Committee. Several new items were added as suggested goals. Due to time constraints there will be more discussion of the Council goals at the full Council meeting. Benefits of a Budget/Finance Planning Session .:: Due to time constraints there was only nominal discussion of the benefits of having a class for all Council members. More discussion is planned for this agenda item. ~'~ Utility Tax Ordinance - Review and Reaffirmation Alan Doerschel presented the requirement that the Council must affirm that the 1% increase in the Utility Tax rate scheduled for 2005 is still necessary. Council member Hemandez stated that because we had a surplus last year maybe we don't need the increase. Alan pointed out that the Sales Tax growth is only 1.2% year-to-date and that much of the carryover from 2003 was due to project cost deferrals. They moved the item forward to the September 27, 2004 meeting for discussion. Economic Development Consultant Services Agreement with ClearPath Alan Doerschel explained the current agreements with ClearPath were essentially completed and a new agreement would be appropriate to cover economic development issues as well as the work on the potential Sabey/City agreement for Tukwila Village. Dave Fenton agreed to move forward. Dennis Robertson was against awarding any new contracts with ClearPath. Joan Hemandez questioned the value of the previous efforts by ClearPath. As time did not permit additional discussion, this item will be rescheduled for the next Finance & Safety committee meeting. Committee chair approval Co UNCILAGENDA SYNOPSIS ................ Initials ITEM NO. Me~lin~ Date Prepared .by Mayor's review Coundl revie~ ITEM INFORMATION CAS NUMBER: 04-134 IORIGINALAGENDADAT~: SEPTEHBER 27, 2004 AGBNDA ITEM ~ City's All Hazard Emergency Management Plan - Council,Update CATEGORY [] Discussion [] Motion [] Resolution [] Ordinance [] B/dA ward [] Public Heming [] Other Mtg Date 9/27/04 M~g Date Mtg Dau Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR [] Coun~ [] Mqyor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] SPONSOR'S City Ordnance No. 2018 dated May 28, 2003 established the City's Emergency SUMMARY Management Program. As a result, the Director of Emergency Management was empowered and directed to prepare an emergency management operating plan for the City. Attached for discussion is the City's plan and implementation procedures. REVmWED BY [] COW Mtg. [] CA&P Crate [] F&S Cmte T~ansportation Crate [] u~es crate [] ~t~ Co~. [] p~s Comm. [] P~g Co~. DATE: 9/20/04 RECOMMENDATIONS: SPONSO[/ADM~. Presentation and discussion COMPri'mB Forward to Council for discussion COST IMPACT ! FUND SOURCE EXPENDITURE REQUIPdTJ) AMOUNT BUDGETED APPROPRIATION REQUIRED $X60,000 SX00,00.00 $ Fund Source: 000.13.525. Emergency ~4anagemen~ Comments: 2005 MTG. DATE RECORD OF COUNCIL ACTION 9127/04 MTG. DATE ATTACHMENTS 9/27/04 lnformation Memo dated September 1.4, 2004 Emergency Operations Center Guidelines Finance & Safety Committee f4eeting Minutes from September 20, 2004 I INFORMATIONAL MEMORANDUM To: Mayor Mullet From: (~(~ Director Emergency Management~ Date: September 14, 2004 Subject: The City of Tukwila All-Hazards Emergency Management Plan and Implementing Procedures ISSUE: The All-Hazards Emergency Management Plan is being presented to the City Council. BACKGROUND: Because of the existing and increasing possibility of disasters occurring which may be of unprecedented size and destruction, RCW 38.52 provides for the creation of local emergency management organizations. City Ordnance No. 2018 dated May 28, 2003 established the City's Emergency Management Program. As a result, the Director of Emergency Management was empowered and directed to prepare an emergency management-operating plan for the City. The City became a signatory to the King County Regional Disaster Plan in May 0f 2004 PURPOSE: The City's Emergency Management Program's purpose is to: · Establish effective t~aining and education efforts, both for City departments and the public; · Identify areas where action may be taken to mitigate potential disaster situations and take the lead in providing mitigation' solutions; · Design effective response plans and put those plans into practice to ensure appropriate action during actual emergencies or disasters; · Design effective recovery activities to ensure the most efficient and rapid recovery from any emergency or disaster; and · Foster interagency cooperation with local jurisdictions, and with County, State, and Federal agencies, school districts and private agencies. PLAN HIGHLIGHTS Please note that the plan itself is over 250 pages in length. A complete copy of the plan is available for Council's review. Attached are critical sections from the plan to illustrate the scope and breadth of the plan. The plan accomplishes the following: · Establishes an Emergency Management Council (EMC). The Emergency Management Council oversees and provides policy recommendations to the City Council before, during, and after emergency periods, and provides direction for the development and maintenance of the Emergency Management Plan. The EMC is chaired by the Mayor and consists of Director of Emergency Management, City Administrator, Fire Chief, Police Chief, Director of Public Works, Director of Finance, Director of Parks and Recreation, Director of Community Development, and the Director of Adminislxative Services. · Establishes the Emergency Operations Center (EOC) at the Parks and Golf Maintenance Facility. The following highlights are from the Plan's EOC Guidelines (See Accompanying Attached Pages 1-19) · Describes an emergency organization, complete with titles, job descriptions, and duty checklists. The organization is based upon the Incident Command System (ICS) that provides clear authority, direction, and communication during emergencies. See Page 13 · Sets priorities for the response efforts. See Pages 5 and 6. · Provides guidelines for the activation of the EOC. Activation occurs whenever emergency conditions exist that normal day-to-day operations cannot handle or be performed and immediate action is required. Addresses: (See Pages 6-11) 1. Who can activate the EOC and plan; 2. Who to notify; and 3. Levels of activation · Creates a matrix of the City Position vs. Emergency Organi?afion Position - Identifies whether the individuai's responsibility in the emergency management organization will be "principal or primarf' or a "support" role. See Pages 15 & 16. · Provides for Confmuity of Government - Addresses the direction, control and coordination of emergency management activities. See Pages 20- 25. 1. The day-to-day organizational structure of city departments shall be maintained as much as practical during emergency and disaster operations. 2. Each city department shall provide personnel to staff the EOC. 3. On-scene management of emergencies will follow the Incident Command System (ICS). WAC requires that the Incident Command System be used in response to hazardous materials incidents. 4. The Mayor makes the Proclamation of Emergency (Page 25). It is the legal method that authorizes the use of extraordinary measures to accomplish tasks associated with disaster response. In the absence of the Mayor, proclamations may be made by the Tukwila City Council President, and in the absence of the City Council President, an elected official would be chosen by the City Council members present. 5. In the event a situation is beyond the capability of local and pre-designated mutual aid resources, the Director of Emergency Management will request additional resources through the King County Office of Emergency Management for county, state, and federal assistance. · Creates EOC Position Checklists - Each checklist identifies: See Pages 26-29. 1. Responsible Party 2. Who the position Reports to 3. Alternate 4. Primary Responsibilities 5. Staff Resources 6. EOC Supplies 7. Action to take during the Activation Stage, Operational Phase, and the Demobilization Phase 8. Attached is the Position Checklist for Elected Officials. See Page 29. ACTION TAKEN TO DATE · Over twenty hours has been spent reviewing the plan with individuals that occupy key positions. The plan has been revised to incorporate comments received. · A monthly meeting of the First Responders - Fire, Police, and Public Works has been instituted. · Standby power is being installed at the EOC. · An annual program to replace old radios has been instituted. · Standardized reports have been established - Needed to support ongoing field operations, preparing after action reports, submitting requests to State and Federal for fmancial assistance, etc. · Future coordinated training exercises are being planned. · Exercise held September 16 with GACO, Fire, Police, Public Works, and King County. · Regular articles in the Hazelnut · Education material being distributed SUPPORT NEEDED · An annual budget of at least $160,000 is needed and has been requested. $50,000 is needed to replace aging communication equipment. $40,000 to $50,000 is needed for training. ~Training received on the job while responding to a disaster is too late" Quote from the Director of FEMA · A full-time administrative assistant is needed and been requested for getting educational material out to the public, setting up training exercises, coordinating grant applications, keeping all of the manuals, plans, mutual aid agreements current, making sure that the EOC is ready for activation, etc. RECOMMENDATION Forward to the Council of the Whole for discussion. No formal acceptance of the plan is required. APPENDIX 1 EMERGENCY OPERATIONS CENTER GUIDELINES Table of Contents EOC Operational Objectives .................................................................................................... 27 "Read This First". ................ · ......................... 28 I, Introduction ...................... "~ 29 II. Purpose of this Document .... .... 29 II. Priorities ........................................................................................................................... 29 IV. The Emergency Operations CenTer .......... .30 V. Activation ......................................................................................................................... 30 A. Who Can Activate .................. .30 B. Emergency Activation Notification Guide ............................................................... 31-32 C. Levels of Activation ..................................................................................................... 33 35 VI. The Emergency OrganiZation .......................................................................................... 35 A. Description ................................... ,... ..................................... ; ....................................... 35 B, Who is in Charge? ....................................................................................................... Incident Command System Organizational Chart ....................................................... 37 I 38 C. Emergency Personne ................................................................................................ D. Responsibilities ........................................................................................................... 38 Tables 1 and 2 ........................................ 39 40 VII. Continuity of Government ' . ..' 41 _41 A. City Counctl ..................................................................................................... B. City Officials ..................... ; .......................................................................................... 41 C. Temporary Locations ......................... ....41 VIII. Emergency Powers ............................................. 41 A. Proclamation of an Emergency ....................... ..41 B. Command and Control ............................................................................................... ~11 C. Emergency Orders and Regulations .................. : ....... t ................................................ D. Resources ................................................................................................................... 41 E. Suspension of Regulations ................... · ...................................................................... 42 · .. 42 IX. Legal Immunities ............................................................. X, Emergency Communications ......................................................................... ~: .............. 42 XI. Other Organizations and Resources ............................................................................. 42 A, Mutual Aid ................................................................................................................... 42 ..... B, Financial Aid ............................................................................................................... 42 ¢:~..':? C. Lines of Authority ........................................................................................................ 43 D. Red Cross .................................................................................................................. 43 E. Amateur Radio Operators ........................................................................................... 43 F. Military ....................................................................................................................... 43 G. Business and Industry ................................................................................................ 43 H. Emergency Alert System ........................................................................................... 43 Xll. Emergency Operations Center Position Checklists ........................ :: ................................ 44 Xlll. EOC Reports .............................................................................. to be added at a later date City of Tukwila ~':~"' Operations Center ' ..... Emergency EOC Operational Objectives · Determine the status of family members, staff, and department representatives. · Ensure the EOC is fully operational and staffed. · Establish contact with incident sites, operational centers, King County Emergency Communication Center, Washington State Emergency Management. · Assess impacts to public safety and health, homes, businesses, and critical infrastructure. · Guide and support recovery activities. READ THIS FIRST IEMERGENCY: A SITUATION THAT REQUIRES IMMEDIATE ACTION BEYOND THE SCOPE OF NORMAL CITY OPERATIONS,  '~oes an emergency existin ukwila, RIGHT NOW, as you reae NO -¥Relax, and se~ the table is? /tofcontents on Page 36. I YES I ~Ofall the '/Has the Emergency employees presen(, ~'~sk the employee with the do you have the I highestdegree of expertise in Operations highest degree of o.J this type of situa§on,who is 1 Centerbeen NO'~ experlise in the type--N lnowpresent, to read th,s sheet.I. activated? ~ of situation at hand? ( Wait for your assignment. YES Congratula~ons. You are n charge. Yourtitle, unlJl you are relieved by~e YES Public Works DirectOr or his designated alternate, is Director of Emergency Management '/ / ~ . I _ " CDo you knowwhat ouremergency ) ¢Check with the Directorof ~ ~tJtJe and assigment is? NO .~.~,.Eme rg e.ncy Ma na ge merit'.., YES ~$ee page 44 for the page number I ' t of the checklist of what you should Ldo next. I. INTRODUCTION The City of Tukwila is at risk to natural disasters, technological hazards, operational events. While each of these areas of risk has unique issues for emergency response, the common requirement is for the city to manage multiple impacts at multiple Iocationsduring the crisis. The Emergency Operations Center (EOC) Js used to coordinate available resources in order to respond to eme~'gencies effectively and efficiently, in an attempt to save lives, avoid injuries, and minimize economic loss. When ma]or emergencies or disasters occur, they can cover several jurisdictions that may require large-scale government, city, and voluntary agency response. The EOC also serves as the early warning point for information. Media, personal contact, flyers, e-mail messages, and the city's Web page may be used to give citizens information and directions for their safety. When a disaster strikes, an emergency organization must be mobilized immediately. The recovery from a disaster and the ability for our city to effectively operate in the weeks, months, or years following a major incident will be a direct result of how well we prepare. This plan will help the city make this mobilization quickly and effectively. This document is a supplement to the Ali-Hazards Emergency Management Basic Plan and its Ann exes. il. PURPOSES OF THIS DOCUMENT~ A. During emergencies, to answer the ¢ uestions, "Who's in charge?" and "What should I do?" B. During emergencies, to make sure necessary]ohs get done. C. To provide for continuity of government during emergencies. g. To he1 p one understand the City of Tukwila Emergency Management Organization. E. To provide guidance for disaster eaucation and training. F. To provide references to more detailed information. III. PRIORITIES In an emergency, assign response efforts according to the following priorities: A. People trapped whose lives are in immediate danger from fire, flood, etc. B. Life threatening fires, floods, hazardous material leaks Or spills, etc. C. Life threatening injuries. D. Building collapse/ma]or threats to property. E. People with lesser injuries. F. Essential systems and services. G. Recovery of fatalities. H. Continuity of government. (See Appendix #2 Direction and Control) IV. THE EMERGENCY OPERATIONS CENTER The Emergency Operations Center (EOC) serves as the center of the city's emergency operations. Under full activation, all of the functions of the Emergency Operations Plan, operating under the Incident Command System (ICS) will be carried out from this location. EOC Location: Parks and Golf Maintenance Facility 13490 Interurban Avenue South V. EOC ACTIVATION This plan is activated whenever emergency conditions exist in which normal day to-day operations cannot be performed and immediate action is required to meet the aforementioned priorities. A. Who can activate the plan? Who can activate the Emergency Management Plan in whole or in part? The plan becomes active when the EOCis activated. This occurs when: The Mayor, the Director of Emergency Management, or designee, any department head, or the city employee with the highest degree of expertise in the emergency at hand activates the EOC. The perso0 who activates, the EOC will be in charge until relieved by the Director of Emergency Management'~r designee. - or- A state of local emergency has been proclaimed by the Mayor or City Council. - or- A state of e~ergency or state of war emergency exists, either as declared by the governor or as defined in state or federal law. Use the Emergency Activation Notification Checklist provided in Section XIII of this Appendix for contacting all key personnel when the EOC is activated. B. Emergency Activation Notification Guide This checklist is to serve as a guide for notification of key personnel in the event an ,~-. emergency occurs in the City Of Tukwila that would require activating the EOC. The emergency resources list, containing names, telephone numbers, and emergency recall data, is found in Al~pendix 2, Annex A. The EOC will be activated at: A, Parks and Golf Maintenance Facility 13490 Interurban Ave. South NOTIFICATION CHECKLIST 1. Alert each of the following: Group One __Mayor City Administrator Director of Emergency Management 2. Alert one person in each of the following groups: Group Two Fire Chief Assistant Fire Chief On-duty Battalion Chief Group Three Police Chief Police Commander Operations Lieutenant Group Four Public Works Director Deputy Public Works Director (Bus,ness Services) Public Works Senior Analyst 3. Alert the following department heads, as nee(Jed: Administrative Services Director Finance Director Parks & Recreation Director Planning Director .City Attorney 4. Alert the following personnel or agencies as directed:'- _City Council President All other personnel as needed, by department American Red Cross King County OEM (which alerts amateur radio groups) Washington Natural Gas Qwest __.Puget Sound Energy METRO Seattle City Light C. Levels of activation: The level of EOC activation depends uoon the situation and the need for coordination ~ ' and support. Following are the different levels of activatior and the list of triggers for each: Level 1 Stand-by Activation City resources are capable of handling the emergency incident. While there may be some damage and/or interruption of services, the conditions are localized. Key personnel will begin to monitor events, evaluate resources, and anticipate future staffing needs. Trigger: One or more of the following conditions exist: · One or more city departments have responded to an ncident and requests for assistance of other city departments nave been made. · A major regional event has occurred. · A significant Iocal or regional event has occurred · Extreme weather watch forecasts have been broad'cast. · The Homeland Security Advisory system risk level rises [o ORANGE with specific local intelligence. Level 2 Partial (possibly fully staffed) Activation Response is made to a severe emergency incident that causes damage and/or 'interruption to community sen)ices and essential operations. The Director of Emergency Management will determine the staffing Ievel of the EOC. The City Of Tukwila may be the only affected community. Trigger: One or more of the following conditions exist: · There is a high potential that the city department attempting to control the emergency incident wil exhaust its resources before bringing the emergency . under control. · Flooding · 911 calls have increased dramatically. · Tukwila Department of Public Works requests activation. · National Weather Se"vice broadcasts a flood warning for the Duwamish River. · U.S. Army Corps of Engineers advises that a major release of water from dams will occur (in excess of 11,000 cubic feet per second) or that a dam failure will OCCUr. ,, · Earthquake · 911 calls have increased dramatically. · Media, city departments or citizens report mass casualties from the quake. · Serious utility disruptions occur. · Severe damage to [ransportation routes, buildings, etc., occurs in the Puget Sound area. · An earthquake of significant magnitude occurs within the Puget Sound region and the U.S. Geological Survey (USGS) advises that severe aftershocks will be felt in the area. Severe weather · 911 calls from concerned citizens have increased dramatically. · National Weather Service or local radio and/or TV stations broadcast that severe weather warnings are in effect. · Secondary hazards occur (utility failure, building damage or collapse, transportation accidents). · Volcanic activity · USGS 'ssues a warning of an rnpending eruption that will result in serious damage or heavy ash fall in the Puget Sound region. · A major outflow has occurred from Mount Rainier. · Chemical, biological, nuclear, radiological, or explosiv, e incident ·Tukwila Police requests activation. ·Tukwila Fire requests activation. ·Olympic pipeline has ruptured. ·Puget Sound Energy's natural gas line has ruptured. · Civil disturbance · Tukwila Police requests activation. · Notice received that a large-scale, public event, which local resources are unable to accommodate, will occur. · Large transportation accident · Large aircraft accident occurs--Level Ill activation may be immediately required. · Large train derailment occurs. · Any incident that results in a large release of a hazardous substance on a major city arterial or results,in a Mass Casualty Incident (MCI). · Terrorism · The Homeland Security Advisory System risk level rises to RED. · The Washington State or King County Department of Emergency Management advises activation, · Tukwila Police requests activation. · Water supply · Tukwila PublicWorks requests activation. · 911. calls and calls from concerned citizens have increased dramatically. Level III Full Activation An emergency requires an all-out city (or greater) response. Trigger: One or more of the following conditions exist: · A state of emergency has been deciared. · County, State, and/or Federal assistance is required to deal with an emergency" of such magnitude that local resources including mutual aid, are insufficient to adequately respond. Exam pies of Activation TYPE..:L~.~;;:;:;~:~!~;:.h:,.:,...,-~,.~:. PARTiAL. ACTiVATiON',~:~:~ i.,:-':. FULE'ACTIVATION -. :: "~' Earthquake Some damage, some objects Injuries/building collapse ma~ fall, windows crack :lood Impending evacuations Required evacuation :ire Third alarm or activation of strike Conflagration, wildland teams or task forces from fire, etc. outside the area Accident 50 casualties 100 + casualties Civil Unrest Threatens the safety of others At the direction of Police Department. Hazardous Material Impending evacuation or major Required evacuation spill disruption to traffic patterns VI. THE EMERGENCY MANAGEMENT ORGANIZATION A, General Description The response to an emergency and activation of the EOC will change the traditional working relationships within the city. The major changes are: · Several agencies or departments work under the direction of one person, even though they normally work independently. · Special purpose units may be formed to perform emergency tasks, such as emergency transportation or providing food for the workers. If you serve in such a unit, you become detached from your regular agency or department. This document describes an emergency organization, complete with titles, job descriptions, and duty checklists. Figure 1 provides a summary of this organization. The organization is based on the Incident Command System (ICS), which provides clear authority, direction, and communication during, emergencies. This system can be used within one agency or department, or by several agencies and departments involved in the same emergency. The ICS, because of its standardized organizational structL~re and terminology, provides a useful and fl~xible management system that is particularly adaptable to '~ncidents involving multi-departmental or multi-jurisdictional response. The ICS provides the flexibility to rapidly activate and establish an organizational form around the functions.that need to be performed. B. Who is in Charge? These guidelines have been designed so that anyone can follow the action checklist for any emergency position, thus fulfilling the responsibilities of that .position, including the position of Director of Emergency Management. However, it is best to fill the Director's position, until relieved by the Director, with qualified people in the following order: 1. Fire Chief or Police Chief, depending upon the type of incident. 2. Public Works Director. Chief. 4. The city employee with the highest degree of expertise in the type of emergency at hand. INCIDENT COMMAND SYSTEM EMERGENCY ORGANIZATION CHART Public Information Provides information to the media & I City Council/Mayor other agencies I Sets overall ~3ollcy. I-- ........ Liaison II The contact person for I I ~utside agencies Director of Emergency Safety Monitors & assesses hazardous & Emergency Management Council unsafe situations; assures personnel ! Management --- safety Legal Overall command of the City's Provides legal advice emergency response efforts Agency Representatives Operations Planning/Intelligence I Logistics Finance I Section Section I Section Section ~ Coordinates the Makes predictions and manages Procures & provides Monitors & analyzes all information about the incident, people, materials, & financial aspects of the I followth~ response units:, facilities, incident. Flre Situation Analysis Staffinq/Res. Tracking LOC Activation Costs Responds to tires & emergency ColleCts and organizes Provid~ needed staffing Keeps track of hours medical services, information on incidents, to Section Heads. worked by paid personnel. Police sffuations aAd status. Supply/Procurement Disaster Accounfin.q Protects lives & proper~y, enforces Posts this information. Obtain, store & provide Responsible for pumhases, laws & orders, controls traffic. Damaqe Assessment equipment and supplies, purchase orders, contracts Public Works/Utitities Windshield surveys, emergency Volunteer Resource mutual aid received, provided. Reduces damage, restores inscaction by field teams. Civic groups, Ad Hoc C~)mpensation/Claims services, helps with heavy rescue. Documentation vo[unreers. Manages compensation Restores & maintains electrical, Keeos files & makes copies. Transportation claims arising out of incident(s). water, gas, phone, and Recovery Proiects Provides vehicles to emergency FEMA applications sewer utitifles. Public health, life safety, personnel & for pub. evacuafioo. Cost Anatysis Communications protection of property, public Personnel Support Keeps track of costs to Sends messages via radio, services. Provides food an(~'sleeping and the City arising out of phone, computer, and Demobilization relaxation areas for emergency incidents, tries to reduce television. Relays LOC messages. Plans for the ordeny transition personnel, costs. Community from emergency status to FEMA Application Health & Welfare. day-to-cay operations. Prepare FEMA application and maintain all financial Volunteers, Red Cross, documentation. aid reouest Time Keeptnq coordination, Track, record, report ali on-duty time. Purchasing Process vendor contracts, purchase o'.'lers. C. Emergency Personnel In an emergency, the use of available personnel should be in this order: 1 City employees. Skilled individuals from other organizations. 3. Independent volunteers. 4. Citizens pressed into service by the Director of Emergency Management. All of the above can be considered "emergency workers." City employees are automatically designated as such, whereas skilled workers from other organizations would be used d6 pending on our agreements and their functions'-li.e, other cities would be utilized un(~er mutual aid agreements, Red Cross functions under their charter, etc.). D. Responsibilities Tables I and 2 provide a matrix of City Position vs. Emergency Organization Position and identify whether the individual's responsibility in the emergency management organization will be a "principa or primary," or "support role." Section XIII of this appendix provides a detailed delineation of each position's responsibility and an action checklist. Emergency Planning/ TITLE Mgmt Operations intelligence Logistics Finance Fire Chief A . P* A P* Police Chief Public Works Director P P* Finance Director P Comm Dev. Director P* Parks & Recreation Director P* ~,dministrative Svcs Director A Assistant Fire Chief A* Police Captain A* F'W Deputy Director P Building Qfficial P Human Svcs Program Mgr P Internal Operations M~r P P - Denotes Primary Functional Responsibility A - Denotes Alternate Responsibility in absence of Primary ' - Section Chief dependent upon nature of incident Examples: * Fire Chief will be Section Chief for Earthquake, Fire, Plane Crash · Police Chief will be Section Chief for Civil Disorder, Demonstration, Large Public Assembly ' Public Works will be Section Chief for Major Storm, Major Utility nterruption. Table Emergency Mgmt Administration Operations Planning! Intelligence Logistics Department Heads City Administrator Finance Director DCD Director City Attorney Parks Director Public Works Fire Chief Police Chief Admin Svcs Public Works Internal Ops Streets Project Mgmt City Engineer Deputy Director PW Analyst Parks Parks & Rec Parks Operations DCD Building Official Admin Svcs City Clerk Human Svcs Finance Senior Fiscal Coor Fiscal Coordinator m m" m e y F `• � 0� a o`° • .e 0 /. o� o° 3 F°c F°c 4 0 O J p� 4 m .o yc e� d4' o m F a° 0 c teem , , c e Finance c, i nana cc e o c o .o ° p o o i S - ? T y e Q 'Si 6 c 0 k c c R 0 U O c ' ° a `Q Q* O rb F y t � ° D O`oo o �. 0 (VOVI Q P = Principal or primary responsibility S = Supporting responsibility Table 2 arti • = Incident cident dC e6 p e nJdC e nt S P S S S S S P S S S S S $ S S S S S S P S S S S S S S S S S P S S S S. s S S S S S P 8 5 $ 8 8 S S S p S p• S 5 5 8 8 $ S S S S S S S P' P S S S S S S S S S S S P' P S S S S S S S S /5 S P S P S S S S S P S S S S S S S S P S S S S S S S S P S S S" S P P S P S S S S S 'P S S s S S I S S S S I I I P I I P I S S I I I I I I hush S P S S P S P P P P S P P P P P P P = Principal or primary responsibility S = Supporting responsibility Table 2 arti • = Incident cident dC e6 p e nJdC e nt VII. CONTINUITY OF GOVERNMENT (See Appendix 2 for additional detail). A. City Council To provide for the continuation of the Council during an emergency, the Council may make necessary appointments at the time of the emergency in accordance with state law. B. City Officials Depending on the extent of the emergency, the normal city organization may be partially or completely replaced by the emergency organization and city officials may or may not be fully occupied with their emergency roles. C~ Temporary Locations If any city office becomes unusable, the temporary designations for each city department or office will be used. Th ese alternate locations have been identified in the department's Standard Ope~'ating Procedures. VIlE EMERGENCY POWERS A, Proclamation of an Emergency The Mayor has the power to proclaim a local emergency and to request the Governor to declare a state of emergenc~/'. This request would go to the County, who would relay the request to the Governor. The Mayor will advise the City Council of any proclamation as soon as possible. B. Command and Control Under the direction of the Mayor, the Director of Emergency Management, or his/her alternate, has the power to direct staff and civilian responses., and to settle questions of authority and responsibility. .. C. Emergency Orders and Regulations If necessary to protect life, property or to preserve public order and safety, the Council, Mayor, or the Director may promulgate orders and regulations. These must be in writing and must be given widespread publicity (TMC 2.56). .. D, Resources In a declared emergency, the Mayor and/or the Director have the authority to buy or commandeer supplies and/or equipment, and may command the aid of citizens (RCW 38.52.110, TMC 2.56). . E. Suspension of Regulations The Governor has the power to suspend state agency orders, rules, or regulations that ......~.:=.~.,,=., may impede emergency responses. IX. LEGAL IMMUNITIES In a declared emergency, the city and its employees are immune regarding injuries as a result of actions taken during the emergency when acting as emergency workers. X. EMERGENCY COMMUNICATIONS During a major emergency, communications between city emergency personnel, other organizations, and the public will be key. However, communications systems may be damaged and overloaded, making communication difficult. There are a number of communication systems available~ See Annex B, ESF-2, Communications. Compass directions will be used as follows: North: toward Seattle South: toward Kent East: .toward the Cascade Mountains West: toward SeaTac or Burien XI. OTHER ORGANIZATIONS AND RESOURCES A. Mutual Aid Since Tukwila's resources may be stretched lo exhaustion during an emergency, we have mutual aid agreements with other governments. Generally, mutual aid starts locally and ascends in the following order: 1 Other cities 2. King County services 3. Multi-County resources 4. State 5. Federal B. Financial Aid The State helps local governments cover the cost of disasters. To be eligible for this help, the City of Tukwila must declare a local Proclamation of Emergency, assess the damage through prescribed methods and forms, and apply for aid in a timely mahner. The State Emergency Management Division provides details on this information. The state handles requests for federal assistance. The financial aid application process nvolves a lot of pape~Nork, and the process can linger long after the demobilization of the emergency response organization. Perseverance ~s imperative. Without detailed records, reimbursement will not be successful. It is aiso important to follow the proper procedures. The Finance Department, Director of Emergency Management and the City Attorney will develop procedures for this purpose. " .... ity /,,¢:¢, C. Lines of Author Lines of authority during an emergency are as roi ows: 1. Governor of Washington 2. Director, Washington Emergency Management Division 3. Sheriff, (Director of Public Safety), King County 4. Director, King County Office of Emergency Management 5. Director, Emergency Management, City of Tukwila D. Red Cross The role of the Red Cross is primarily to open and operate shelters for disaster victims. Other roles may include first aid, damage assessment, help with communications and providing various resources. The Red Cross usually initiates its own emergency response, but it is a good idea to check with them during any emergency to coordinate responses. E. Amateur Radio Operators The local amateur radio operators are organized and ready to assist with communications in an emergency. They hold regular meetings, drills and roll call sessions. A space may be designated for them in the EOC. F, Military Military aid is usually provided by the National Guard. Their'role is to assist, but not substitute for, city response efforts. They can respond in crisis situations without direction from the Governor; however, this is a rare occurrence. To request help from the military, contact the King County Office of Emergency Management. G. Business and Industry The Director may buy supplies and services roi' use during emergencies. If necessary, he may commandeer what the city needs IRCW 38.52.110, TMC 2.56). H. Emergency Alert System (EAS) The EAS may be activated in disaster situations when there are immediate life safety ' issues. The incident commander at the scene would activate the EAS through the dis patch center, which would in turn contact the King County Sheriff's Office Communications Center, which activates the EAS. The EAS message would then be broadcast by KIRO 710 AM, and any other TV and radio stations can choose to broadcast the message. The message will aisc be received by weather radiosl APPENDIX 2 - DIRECTION AND CONTROL/ CONTINUITY OF GOVERNMENT DIRECTION AND CONTROL I. PURPOSE To provide gui0ance for the direction, control and coordination of emergency management activities within the City of Tukwiia II. CONCEPT OF OPERATIONS A. Direction and Control 1. The Dir6ctor of Emergency Management is responsible for the overall direction and control of the emergency management activities for the City of Tukwila. The authority for direction and control of the organization and administration of the emergency management program is found in RCW 38.52 and TMC 2.56. 2. The Director of Emergency Management is responsible for ensuring that emergency management activities response to emergencies and disasters, and the coordination of the recovery ,from emergencies and disasters are effectively carried out withi~ the City.pf Tukwila. 3. Each Tukwila City Department shall have a pre-established location and an 8 Iternate from which to establish direction and control of its respective activities in a disaster. This location may be the Emergency Operations Center (EOC) or other suitable location depending upon the magnitude and circumstances associated with the event. If the location established is not the EOC, the individual in charge will be responsible for documenting staff activities and maintaining active communication with the EOC regarding status and resource .needs. 4. The City Council is responsible for citywide policy decisions. The Emergency Management Council provides policy recommendations to the City Council during times of emergency or disaster. 5. The day to day organizational structure of city departments shall be maintained as much as practical during emergency and disaster operations. Each city department shall have a line of succession to the Department Director. B. Coordination 1 The Emergency Management Council is the lead organization for facilitating the coordination of emergency management activities among local, state, federal, and private sector agencies with the City of Tukwila. 2. Each city department shall provide personnel to staff the EOC upon request and shall establish a call-out list for rapid mobilization of the department and staffing of the EOC. 3. Each employee is responsible to notify their department of any home phone number or addreCs changes that would affect this call-ou~ list. (A confidential employee phone list wi] be kept at the Valley Communications dispatch center.) 4. Each employee is responsible to advise the city at thef earliest opportunity of his/her location and availability in the event of an emergency or disaster. 5. The Emergency Management Council will coordinate the contacting of families of employees in the event of an emergency or disaster. C. Facilities 1. The Parks/Golf Maintenance Facility, ocated at 13900 Interurban Ave. S., sen/es as the primary EOC for the city. 2. Other alternate locations for an EOC may be identified as the situation warrants. 3. The Director of Emergency Management is responsible for developing and maintaining EOC Guidelines, facility equipment, and supplies. D. On-Scene Management 1. On-scene management of emergencies will follow the Incident Command System (ICS), as published by the National Fire Academy and the National Emergency Management Institute. The functions of the Incident Command System include but are not limited to: a. Incident Commander - Directs on-scene operations. b. Safety Officer - Oversees safety of operations at the scene. c. Liaison Officer - Coordinates information and support function groups. d. Public Information Officer - Media relations and emergency public information. e. Operations Support - Communications, perimeter control, evacuation, rescue, clean up, emergency medical, decontamination. f. Logistics Support - Transportation, supplies, special equipment, personnel resources. g. Planning Support - Situation reports, resources, documentation, technical advisors. h. Finance/Administrative Support - Contracts, time keeping, cost analysis, compensation, and claims. 2. The Incident Commander is the on-scene manager responsible for direction anG control at the scene of the incident. The Incident Commander shall utilize the positions withi~ the Incident Command System as deemed necessary at the time of the incident. The Incident Command System should only be activated to the level necessary for efficient operations. It is the responsibility of the Incident Commander to: a. Assess the situation. b. Develop incident objectives, action plans and priorities. c. Ensure safety issues are addressed. d. Contact appropriate agencies or the EOC to request necessary resources. 3. When more than one agency is involved in the response at the scene, the Incident Commander and other responding agencies should coordinate to ensure each agency's objectives are identified Personnel working in support of the Incident Commander will maintain the normal chain of command through their respective agency and will carry out tasks through on-site command personnel or the EOC whe q instructed. requires that the Incident Command System be used in responses to hazardous materials incidents and outlines specific requirements of the Incident Commander. 5. When the situation warrants, the incident Commander may appoint a Public Information Officer to work with the news media at the incide,nt scene. This may include coordinating media releases and arranging contacts between the media and response agencies. When possible, information released to the media should be coordinated through the EOC. The Public Information Officer shall be responsible for communicating released information to the EOC. E, Proclamation of Emergency 1. The Proclamation of Local Emergency is made by the Mayor and is the legal method that authorizes the use of'extraordinary measures to accomplish tasks associated with disaster response. The Proclamation is normally a prerequisite to state and federal disaster assistance. The City Council will be advised of the proclamation as soon as practical for their information. 2. The C CW 35A states the succession of authority by which proclamations may be issued. In the absence of the Mayor, such proclamations may be made by the Tukwila City Council President, and in the absence of the City Council President, an elected official would be chosen by the City Council members that are present. 3. The Proclamation authorizes the city to take necessary measures to combat a disaster, protect persons and property, provide emergency assistance to victims of the disaster, and exercise the powers vested in RCW 38.52.070 without regard to formalities prescribed by law (with the exception of mandatory constitutional requirements). These include but are not limited to: -- Budget law limitations -- Competitive bidding processes -- Publication of notices ~- Provis~ons pertaining to the performance of public Work -- Entering into contracts -- Incurring obligations .. -- Em ployment of temporary workers -- Rental of equipment -- Purchase of supplies and materials -- Levying of taxes -- Expenditure§ of public funds 4. The Director of EmergenCy Management, in cooperation with the City Attorney, shall be responsible for the preparation of emergency proclamations. An example follows at the end of this section. 5. The Director of Emergency Management s responsible for the notification of appropriate county, state, and federal agencies following any proclamation of emergency. F. Request for Emergency Assistance 1. In the event a situation is beyond the capability of ocal and pre-designated mutual aid resources, the Director of Emergency Management or his/her designee will request additional resources through the King County Office of Emergency Management for county, state and federal assistance as necessary. 2. Requests to the Governor to declare a State of Emergency are made by the Mayor directly to the Governor or through the King County Office of Emergency Management, This declaration by the Governor ~s necessary to obtain federal disaster relief funds, III. RESPONSIBILITIES A, Mayor 1. Makes Proclamation of Local Emergency. - 2. Provides for briefing of the City Council. ~ B, Director of Emergency Management 1. Provides overall direction and control of city emergency operations. 2. Prepares Proclamation of Loca Emergency in cooperation with the City Attorney. 3. Makes necessary notifications following proclamations. 4. Coordinates requests for assistance and resources with county, state, and federal agencies. 5. Develops and maintains Emergency Operation Center capability. 6. Provides for the notification of key department personnel as appropriate. C, City Departments 1. Provide representatives to the Emergency Operations Center as appropriate or as requested by the Director of Emergency Management. 2. Designate locations for the management of department operations. 3. Provide accu rate and timely information from field personnel to the EOC when activated. 4. Develop Standard Operating Procedures. 5. Devetop department emergency contact lists. PROCLAMATION OF LOCAL EMERGENCY -_ Whereas, the Director of Emergency Management has reported to the Mayor that the City of Tukwila has experienced a to such an extent that (Type of disaster) has {;ccurred; and (Type of damage} Whereas, the City of Tu kwila has experienced an event that necessitates the enacting of emergency plans; and Whereas, the conditions of extreme peril to the safety of persons and property currently exist with the City; and Whereas, all available resources are comrflitted to disaster work; and Whereas, the City requires supplemental assistance; and Whereas, the severity of this disaster is beyond the capability of local resources; and Whereas, the existing conditions warrant the proclamation of the existence of a LOCAL EMERGENCY; THEREFORE, I, ., Mayor of Tukwila, Washington, do hereby (Name) proclaim that a LOCAL EMERGENCY nov~ exists due to (Type of disaster) throughout the City of Tukwila, Washington, and that Emergency Operations are in effect, and this necessitates the utilization of emergency powers granted under RCW 38.52.070. Signed: Mayor Date City of Tukwila Emergency Opei'ations Center EOC DIRECTOR *** Read This Entire Position Checklist Before Takin§ Action *** Responsible Party Public Works Director Reports To Mayor and City Council Alternate Fire Chief/Police Chief Primary Responsibilities Activates the Tukwila Emergency Operations Center, determines the level and extent of the activation, and places the Emergency Operations Plan into effect. Contact and maintain ongoing communication with Mayor's Office. n Establish the appropriate staffing level for the EOC and continuously monitor organizational effectiveness to ensure that staffing modifications occur as required. o If appropriate, activates Public Information and Liaison position to ensure communication messages are released. [] Directs the coordination of operations at the EOC level, ensuring the continuity and reliability of operations between the field response, activated departments, and outside agencies. ' ~ Consult with emergency response team supervisors in establishing the overall objectives and strategies for the Tukwila response and recovery efforts. Communicates these decisions to the managers of outside agencies and other executive leadership, as needed. a Obtains executive authorization for emergency expenditures, as needed [] Transitions the EOC to recovery as the emergency subsides. Ensure that all EOC actions are accomplished within the priorities established. Carries out State policies on resource management operations. n Conducts de-briefing sessions. Staff Resources [] All City staff, personnel, and resources. [] Volunteers in the community. [] Resources of the private sector. [] Outside public agencies. [] Mutual Aid agreements. EOC Supplies []Telephone, cellular telephone (should bring) Radios (should bring)- 800 MHz; 150 MHz n Notification and contactlists []Forms for activation and status reports Computer (should bring laptop) ACTION TO TAKE Activation Phase 1 When notified of a disaster or emergency, determine Level of Emergency. Refer to the EOC Activation Form. Identify the functions that will be needed in the EOC.. Initial notification is made with the Valley Com communications to the Police Watdh Commander and/or Tukwila Fire Department Battalion Chief. Pager notification may also be made from Valley Corn or directly from the EOC. 2) Contact Tukwila's Mayor Office to alert that the EOC is activated. For any Situation within the City of Tukwila, ensure the appropriate Declarations and Proclamations are issued, either by the Mayor's Office or via that office to the City Council, as available. Refer to Appendix V. 3 Mobilize appropriate personnel for the initial activation of the EOC. See Appendices I and II 4 Respond immediately to EOC site and determine operational status. 5 Obtain briefing from whatever sources are available. 6 Ensure that the EOC is properly Setup and ready for operations. 7 Ensure that an EOC check-in procedure is established immediately. 8) Determine which sections are needed. Assign Section Heads as appropriate and ensure they are staffing their sections as required. r~ Operations Section Head ~..~ [3 Logistics Section Head .~. r~ Planning/Intelligence Section Head Finance Section Head The Operations Section Head is generally the highest -ranking decision maker for the lead department for the field incident. During an earthquake or other multi-priority disaster, the Section Head may be the Police Chief or the Fire Chief. Work with the Operations Section Head to understand the field operations. All field teams should be reporting status into the EOC through their department control centers. If Valley Corn is handling radio commu nications for Police and Fire, ensure that the EOC is able to monitor the radio and is notified of critical calls into 9-1-1. If the. normal communication channels are not operational, work with the Operations Section Head to maximize EOC communications with the agency coordinating centers and field units, as necessary. Work with each of the Section Heads to establish a joint process for sharing information and coordinating emergency operations. 9) Ensure that an EOC organization and staffing chart is posted and completed. 10)Ensure that telephone and/or radio communications with the Incident Command Center are established and functioning. Operational Phase 1) Schedule the initial Action Planning meeting. 2) Consult the attached forms for EOC Priorities, Emergency Response Priorities, and analyze the situation to develop the initial EOC Action Plan. Establish'with the Section Chiefs the overall objectives and strategies for the Tukwila response and recovery. Fill out and post the EOC Action Plan, noting date and time. Update the Action Plan and re-post every 2-5 hours or as conditions change. Number Action Plan forms sequentially to establish a time sequence. 3) As the manager, sum marize into the overall "Big Picture" view of the emergency situation, understanding current operations and how operations will eventually transition to recovery. Communicate this to the Managers of outside agencies and other executive eadership, as needed. Post the summary in the EOC and conduct regular EOC briefings to ensure that all EOC staff knows the priorities and strategy. 4) Provide direction for the Public Information function, determining the overall message for public release. Ensure that this message is communicated throughout the EOC and with all activated agencies and departments. Confer with tl~e Public Information Officer, as needed, to update messages. Focus on providing emergency public information directing the co rnmunity on how to prepare and -espond to the situation. Solicit cooperation from the public to support emergency operations and to take self-help actions as appropriate. Coordinate with the Liaison position and community networks. 5) Provide direction to the Liaison, determining the agencies that should be contacted and the information that should be delivered. 6) Review and update the EOC Action Plan, with a focus on the transition to recovery as the emergency stJbsides. Work with the Planning Section Chief to continually reassess the situation and assess damage 'and emergency response costs. 7) Should the EOC Action Plan require unusual expenditures for emergency operations, obtain executive authorization, as needed. Demobilization Phase 1) Authorize demobilization of sections and field units when they are no longer required. 2) Notify outside agencies of the planned demobilization. 3) Ensu re that any open actions not yet completed will be handled after demobilization. 4) Ensure that all required forms or reports are completed prior to demobilization. 5) Provide post-disaster management, as needed to review operations, identify lessons learned and improve emergency management processes for the EOC and the Tukwila Emergency Ope rations Plan. 6) Deactivate the EOC at the designated time. 7) Proclaim termination of the emergency response and proceed with recovery operations. City of Tukwila Emergency Operations Center ELECTED OFFICIALS *** Read This Entire Position Checklist Before Taking Action *** Responsible Party Mayor, Council Members Primary Responsibilities Maintain contact with the Director Emergency Management. n Provide official endorsement of the Declaration of Emergency. Provide elected leadership support as needed for joint media conferences or other executive functions in the emergency response. u Support the post-disaster review and improvement process. ACTION TO TAKE Activation, Operational, and Demobilization Phase 1) When notified of an emergency, contact the City's Director of Emergency Management. If unable to contact the Director, contact the Emergency Operations Center to obtain a briefing on the overall incident. 2) Provide a contact number to the EOC and request updates as needed to stay informed. 3) If requested by the City's Public Information Officer, or as appropriate, provide support for public information interviews, releases and broadcasts. You may be asked to support joint media conferences. Before providing an interview or media releases, contact the City's Public Information Officer for the latest information, 4) If requested, contact county, state and/or federal elected officials to support the petition for h igher government response and disaster assistance. U.S. Congressional representatives are the first step for obtaining federal disaster assistance money under the Stafford Act. 5) Review the post-action reports on the disaster response and provide leadership in mitigating damage and interruption of city operations in the event of future emergencies. Finance and Safety Committee September 20, 2004 Present: Dave Fenton, Joan Hemandez, Dennis Robertson, Alan Doerschel, Jim Morrow, Robin Tischmak, Rhonda Berry .~'~Emer genoy Management Jim Morrow presented the All-Hazards Emergency Management Plan with Implementation Procedures. He presented the key elements of the plan to the Committee including organization structure, purpose, Emergency Operations Center, activation process, Primary and Alternate responsibilities, declarations of emergency, funding issues and answered several questions regarding the Plan. The Committee moved the Plan forward to a Council of the Whole meeting. Traffic Signal and Video Surveillance Proiects The Committee was informed by Jim Morrow that Public Works is installing nine (9) cameras on Tukwila International Boulevard to replace the obsolete cameras. The cost will be approximately $100,000 and will be paid for from the 303 and Police Seizure moneys equally. Street crews are doing the installation. Also, discussed was the Traffic Signal Interconnect Project (in the proposed C.I.P.). Using Grant funding with matching City monies this project is scheduled for 2005 and will be presented in the 2005 Budget submittal. Budget Motions - Golf Course Fuuding and establinhment of 503 Fund -Insurance - LEOFF I Alan reminded the committee of the need for a budget motion to cover shortages in the golf fund. He has proposed a loan from the General Fund of $400,000. Due to new national accounting standards regarding LEOFF I employees, Alan has recommended establishing a new fund- the 503 fund. There is no additional cost involved; this action is merely separating LEOFF I employees out of the existing self- insurance 502 fund. These items were also presented at the previous Committee meeting and approved to be passed at the September 20, 2004 Regular meeting. - 14 COUNCIL AGENDA SYNOPSIS r o Initials ITEMIVO. re in k 1 5•I 1 1 1 Meeting Date 1 Preband by 1 Mayor's review 1 Council review 1 Ej m\ \Ica, .t, 1 9/27/04 RT I t./L N so 1 1 4 1 1 1 1 1 1 C, I 1 1 1 I ITEM INFORMATION I CAS NUMBER: 04-135 I ORIGINAL AGENDA DATE: SEPTEMBER 27, 2004 l AGENDA ITEM TITLE Boeing Access Rd Bridge Replacement (over BNRR) Consultant Contract for Preliminary Design Report with Sargent Engineers CATEGORY Discussion El Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 9/20/04 SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal PdrR Police PW SPONSOR'S Boeing Access Rd Bridge was constructed in 1945 and is approaching the end of its SUMMARY functional life. Recent inspections have found that the bridge now qualifies for federal replacement funds. In order to apply for funds, a type, size and location study is needed for preliminary design information and costs. Sargent Engineers specializes in bridge design and has successfully completed many bridge projects for the City. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte ❑Arts Comm. Parks Comm. Planning Comm. DATE: 9/13/04 RECOMMENDATIONS: SPONSOR/ADMIN. Authorize the Mayor to sign the agreement with Sargent Engineers COMMITTEE Forward to Council for approval I COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED I $74,252.00 $100,00.00 I I Fund Source: 104.01 Bridges (page 35, 2004 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION i 9/27/04 1 1 MTG. DATE ATTACHMENTS I 9/27/04 Information Memo dated September 9, 2004 I Consultant Agreement for Engineering Services Transportation Committee Meeting Minutes from September 13, 2004 I I 1 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Direeto[~q'{ Date: September 9, 2004 Subject: Boeing Access Road Bridge Replacement (Over Railroads) Type, Size, and Location Study ISSUE Authorize the execution of a contract with Sargent Engineers to provide Preliminary Design Report information for the replacement of the Boeing Access Road Bridge over the railroads. The report will include examination of proposed bridge types, size, and location as well as cost estimates. BACKGROUND The Boeing Access Road Bridge that crosses both railroads was constructed in 1945. In 1965 the bridge was widened to accommodate a one-lane ramp to northbound Airport Way. The widened structure was constructed separately from the ma'm structure, but was tied to the main structure. The bridge is approaching the end of its functional life and will need to be replaced in the near future. Maintenance continues to increase in both quantity of items and costs. Recent inspections and changes in the ratings of some parameters of the bridge structure have caused the bridge to now qualify for federal bridge replacement funds. In order to begin the process of applying for bridge replacement funds, more detailed and current information needs to be gathered. A 'Iype, Size, and Location Study is a typical report used to provide preliminary design information and costs for bridges and other structures. An engineering ['mn that specializes in bridge design is needed to prepare the report. Sargent Engineers was selected to provide preliminary design information for the bridge replacement. The selection process was presented to the Transportation Committee on August 23, 2004. ANALYSIS A Scope of Work and cost estimate have been negotiated with Sargent Engineers to prepare a Type, Size, and Location Study. The scope and esfunate are attached. The financial implication to the City is as follows: Budget Actual Contract Type, Size & Location Study $100,000 $74,252 RECOMMENDATION Forward to COW and Council for authorization to execute a contract with Sargent Engineers in the amount of $74,252. attachments: Scope of Work and Cost Estimate CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington. herein-after referred to as "the City", and Sargent Engineers, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to prepare a type, size, and location study for the replacement of the Boeing Access Bridge over theBuflington Northern Santa Fe and Union Pacific Railroads. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 90 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed seventy-four thousand two hundred fifty-two dollars ($74,252) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment,for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consulgan~ of the-total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. ,, D. Payment is provided in this section shall be lull compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents .and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an ad'~ditional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee 2 between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid.or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non-Waiver, Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. · A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner oi officer of the Consultant, or any of its supervisory personnel assigned to the project; the su3iving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiat~ions of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, }ncurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, WA 98502 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be mended only by written instrument signed by both the City and the Consultant. DATED this day of ,20 CITY OF TUKWILA CONSULTANT By: ?'/~4' / /./,~.-e~f Steven M. Mullet, Mayor Printed Name: Monte Smith Title: Principal Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 EXHIBIT A SCOPE OF SERVICES The Boeing Access Bridge is going to be replaced in the near future. The present bridge is 337 feet long and 67 feet curb to curb. It currently carries six lanes of traffic and has one sidewalk on the bridge. The bridge cannes approximately 36,000 vehicles per day. In order to start the planning process for the replacement of the bridge, the City of Tukwila wants to perform a type, s~ze, and location study for the bridge. Boeing Access Road Bridge Type, Size, and Location Study The type, size, and location study for the Boeing Access Road Bridge will explore the possible bridge types and construction sequences for the replacement of the Boeing Access Road Bridge. The goal is to replace the bridge with minimal impact to traffic. The study will focus on the present location for the bridge and will not look at other corridors for the bridge. In order to prepare the report for the study, the following work will be performed: Land Survey The City of Tukwila will provide a base map from Interurban Avenue to Interstate 5 showing the following: · Location of property boundaries along with identification of adjoining property owners. · Present lane configurations on Interurban Avenue, Boeing Access Road, and Airport Way. · Utility locations · Topographic contours of the site. · Present profile of Boeing Access Road · Location and profiles for the railroad tracks below the bridge. Traffic Study The City will provide current traffic counts on Interurban Avenue, Airport Way, and Boeing Access Road. It will also provide its curreflt traffic model for the City. The consultant will forecast the future traffic demands on Boeing Access Road assuming that build out can occur on the adjacent Boeing Access Road Bridge over Airport Way. The future demands will include peak hour traffic that will need to be accommodated by the new bridge. Thais will bemused to size the number of lanes on the bridge. In addition to looking at future traffic demands, the present traffic will be studied for construction of the new bridge. Different construction scenarios will be developed for the construction of the different bridge options. With each scenario, traffic plans will be developed to show how the traffic will be handled during construction. Sound Transit Coordination Sound Transit is planning on a track and station near the bridge. The consultant will contact Sound Transit to determine what their plans are near the Boeing Access Bridge. The proposed schedule on the construction of the line near the Boeing Access Bridge will affect potential construction sequences. This will be factored into the alternative bridge types selected. 5 Railroad Coordination The consultant will coordinate with the railroad to determine the future plans of the railroad at this location. The consultant will also determine the requirements from the railroad during construction and determine where piers can be placed. At this location there are two railroads to work with, the Union Pacific Railroad and the Burlington Northern Santa Fe Railroad. Community Involvement There will no community involvement at this stage. Geotechnical Study A reconnaissance level geotechnical study will be performed for the area. The study will examine geology maps and any available information from the existing plans for the bridge. Geotechnical explorations will not be made in the area. Recommendations will be made on the feasibility of spread footings, shafts, or piling. The reconnaissance study will be summarized in a letter report. Bridge Alternative Study Alternative bridge types and span arrangements will be selected for study. This will include alternative ways of constructing each bridge type. Both steel and concrete bridges will be explored. Costs will be developed for each construction scenario. A preliminary plan will be developed for each potential bridge type. Type, Size, and Location Report The study will be summarized in a report to the City. The report will be made in the format as suggested in the WSDOT Bridge Design Manual. 6 EXHIBIT B PAYMENT The cost estimate for preparing the type, size, and location study for the Boeing Access Road Bridge is: Senior Projecl Project Desigr Principal Engineer Enginee~ Engineer Enginee~ Drafter II Clerical Task Cosl Rate: $128.00 $105.00 $88.00 $79.00 $66.00 $65.00 $43.00 Initial Meeting 3 $384 Land Survey 2 $256 Traffic Study 24 $3,072 Sound Transit Coordination 16 $2,048 Railroad Coordination 24 $3,072 Geotechnical Study 2 $256 Bridge Alternatives 120 $15,360 Bridge Prelim/nary Plans 20 12C $10,360 Bridge Costs 20 $2,560 Report Preparation 40 $5,120 Report Meeting 4 $512 Report Revisions 24 24 $4,632 Total Dire~t Salary Cost 299 0 C 0 01 14~ 0 $47,632 Dire~t Costs Traffic Consultant - Gray and Osborne $20,973.00 Oeotechnical Consultant- PanGeo $3,000.0{] Mileage $250.00 Markup $2,397.30 Total Direct Costs $26,620 Total $74,252 Sargent Engineers' employees will be billed at the following rates: 7 Direct Overhead Profit Salary (164% of (30% of (DS) DS) DS) Total Rate Principals Monte Smith $43.27 $70.96 $12.98 $127.21 Jon Dietrich $38.75 $63.55 $11.63 $113.93 Senior Engineers Willis Whitney $35.50 $58.22 $10.65 $104.37 Charles Mayhan $35.50 $58.22 $10.65 $104.37 Senior Project Engineers $29.75 $48.79 $8.93 $87.47 Project Engineers Craig Boone $26.75 $43.87 $8.03 $78.65 Erik Martin $25.75 $42.23 $7.73 $75.71 Design Engineers Erik Martin $25.00 $41.00 $7.50 $73.50 Aubrey Argeris $22.50 $36.90 $6.75 $66.15 Andrew Packard $21.25 $34.85 $6.38 $62.48 Jessica Schadt $19.25 $31.57 $5.78 $56.60 Drafter II James Welsh $22.00 $36.08 $6.60 $64.68 Kirk Ketter $22.00 $36.08 $6.60 $64.68 Business Manager Janice Smith $31.00 $50.84 $9.30 $91.14 Clerical Delores Rash $14.50 $23.78 $4.3'5~ $42.63 Rates good for calendar year 2004. Rates will increase by 5% to 10% in calendar year 2005. Overhead 1.64 Profit 0.3 8 Transportation Committee September 13, 2004 Present: 3oan Hernandez, Chair; Para Carter, 3oe Duffle ]im Morrow, Frank Triarte, Robin Tischmak, Lucy Lauterbach "'~1. Boeinq Access Road Bridqe Desiqn The City has done:' bridge J~inspections, and has known the Boeing Access Road (BAR) has been deteriorating for some time. It is the oldest bridge in the City. In the early 1990's a 1965 section under the bridge separated slightly, in a sign of the degradation of the underpinnings on the bridge. Robin has talked to the State DOT and to the Bridge Inspector. The formal state rating on the bridge has now dropped to 35, when 50 is a failing grade for bridges. Zt is in good shape for a grant, if the cost is under $10 million it is even possible to get a 100% grant with toll credits that are available to state match funds. Selection for grants is in the spring. A design study will give the State the information they need to better estimate costs for repairing the bridge. Robin said the State likes designs to be done, and may require it soon. loan said it sounded optimistic to expect a grant, and asked if the recent decking would have an effect on the score. Robin said it could raise it a point or two, but it would still be 36 or 37, well below 50. Robin showed the Committee the section of the long bridge area that would be designed and would apply for a grant, and it is a comparatively short section of the long bridge. It only bridges the section that goes over the railroads. Committee su~oorted. aporovinq a consultant contract for BAR Bridqe to COW. . 2. Other Al Pie pet's requests were answe red in a letter and supporting documentation from Public Works. That satisfied the Committee's interest in getting Hr. Pieper.an answer. The Council had received a request from neighbors on 42nd to protest some bus stops that were newly placed by their homes. Pam C noted that the street had long been a bus route, and old stc ps were taken out only in recent years when a route changed. Ralph Danner had submitted a petition, from neighbors on S. 160th complaining about traffic. 3oan asked if Public Works would respond to all of the petitioners. 3im said the petition had been put into a group with other traffic problem areas in residential neighborhoods. They will all be considered for traffic calming or other strategies. Information. r--,-.~ Committee chair approval COUNCIL AGENDA SYNOPSIS 4 y 'nitiak ITEM NO. O 9 Z, 1,; G) 1 Meeting Date Prepared by 1 Mayor's review 1 Council review e, 59 1 9/27/04 1 3MSinl' 141.0-1- h" 1 I I I 1 rsos I U 1 1 1 1 ITEM INFORMATION CAS NUMBER: 04-136 I ORIGINAL AGENDA DATE: SEPTEMBER 27, 2004 AGENDA ITEM TITLE Adopt Ordinance amending Land Altering /Grading Regulations in TMC Chapter 16.54 and repeal Ordinance Nos. 1591, 1770 §12,13,14 &15) and 1838 §15). CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date M%Date MtgDate Mtg Date 9/27/04 MtgDate MtgDate Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW' SPONSOR'S The current Land Altering Ordinance, passed in 1991, is based on the Uniform Building SUMMARY Code and no longer effectively addresses the City's grading requirements. This ordinance adopts specific standards, including Appendix 3 of the International Building Code and streamlines the language, omits redundancies and is in -line with current requirements. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/3/04 9/21/04 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt Ordinance updating Land Altering /Grading Regulations CoMMrrrEE Forward to COW and then Regular for adoption COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 9/27/04 1 1 MTG. DATE I ATTACHMENTS 9/27/04 Information Memo dated September 16, 2004 Land Altering Ordinance Utilities Committee Meeting Minutes from 8/3/04 9/21/04 INFORMATION MEMO To: Mayor Mullet From: Public Works Directoc~'~'l Date: September 16, 2004 Subject: Grading Ordinance ISSUE The current Land Altering Ordinance, passed in 1991, is based on the Uniform Building Code and no longer effectively addresses the City's grading requirements. BACKGROUND We brought the Land Altering Ordinance to the Utilities Committee on August 3, 2004, and had some modifications. Attached is the revised ordinance that is now ready to move forward to full City Council (with the Sound Transit delay, we thought we would review it again). Rather than adopt standards, the current Land Altering Ordinance contains specific grading requirements from the Uniform Building Code and surface water requirements from the King County Surface Water Design Manual. The City adopted the International Building Code in 2004. In 2003, the City applied for a Phase II National Pollutant Discharge Elimination System permit from the Depatiment of Ecology. We are also presenting the new Surface Water Comprehensive Plan. ACTION TAKEN A new draft grading ordinance repeals the previous land altering ordinances. It adopts specific standards (16.54.060), including Appendix 3[ of the International Building Code as amended in the ordinance. The language is streamlined, redundancies are omitted, and the draft ordinance is in-line with current requirements. RECOMMENDATION Approve the Grading Ordinance and forward to the Committee of the Whole for approval. attachment: Draft Ordln~nce [i JS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING LAND ALTERING /GRADING REGULATIONS WITHIN THE CITY; REPEALING ORDINANCE NOS. 1591; 1770 §12, 13, 14 AND 15; AND 1838 §15; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has obligations to protect surface water under the Water Act and the municipal storm water discharge ermit issued b 'a:3 Clean p permit by the State of National Pollutant Discharge Elimination System S federal Naho Washington under the fe g Y Phase II program; and WHEREAS, the City of Tukwila has obligations to regulate grading activities to prevent erosion and to control sedimentation in order to protect surface waters, sensitive areas, and public and private property; and WHEREAS, the City Council desires that its grading requirements be in agreement with the International Building Code, adopted by Tukwila's City Council on June 21, 2004; and sal WHEREAS, an addendum to the SEPA for the Comprehensive Land Use Plan includes this land altering /grading ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulations Established. New grading provisions, to be codified at Tukwila Municipal Code Chapter 1654, are hereby established to read as follows: Chapter 16.54 GRADING 1634.010 Purpose 16.54.020 Authority 16.54.030 Definitions 1654.040 Applicability 1654.050 Permit 16.54.060 Standards 1634.070 Supplemental Information 1634.080 Financial Guarantees 16.54.090 Exceptions 16.54.100 Penalties 16.54.120 Appeals 16.54.010 Purpose The provisions of TMC Chapter 1634 shall be liberally construed to accomplish the following purposes: i3... Grading 9/24/04 1 of 5 1. Prevent damage to life, public and private property, surface waters, sensitive areas and associated buffers. 2. Regulate grading activities, including excavation, fill, grading, earthwork construction, and structural preloads. 3. Prevent erosion and control sedimentation. 4. Establish the standards to ernut grading activities. P gr g 5. Provide for approval and inspection of grading activities. 16.54.020 Authority A. The Public Works Director shall administer TMC Chapter 16.54. The Director's authority includes the establishment of regulations and procedures, approval of permits and exceptions, inspection of work, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 16.54. B. The Public Works Director may initiate all required actions to prevent or stop acts or intended acts which the Director determines to constitute a hazard to life or or adversely affect the safety, use or stability of a safety, or endanger property, Y tY public or P P property private er or a sensitive area or its buffer. C. If the Director determines that a person is engaged in grading activities that do z::, �'ss -Z:x.: not comply with City code or with approved permit plans and /or other permit conditions, the Director may implement any or all of the following enforcement actions: 1. Suspend or revoke without written notice any grading activity, when the Director determines that activity poses an immediate danger to life, safety or property. us 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections, and indicate the consequences for failure to correct the violation. 3. Suspend or revoke any City approval for grading activities after written notice is given to the Applicant for any of the following reasons: (a) Any violation(s) of the permit or the permit conditions; (b) Construction not in accordance with the approved plans; or (c) Non compliance with correction notice(s) or "Stop Work Order(s)" issued for the construction of temporary or permanent storm water management facilities. 4. Post a "Stop Work Order" at the site, directing that all grading activities cease immediately. The "Stop Work Order" may include any discretionary conditions and standards adopted in TMC Chapter 16.54 that must be fulfilled before any work may continue. 16.54.030 Definitions As used in TMC Chapter 16.54, the terms shall be defined as follows: 1. "Applicant" means any person who has applied for a grading permit. 2. "Buffer" means the area contiguous to a sensitive area that is required for the continued maintenance, function and structural stability of the sensitive area as defined in the sensitive areas overlay. Grading 9/24/04 2 of 5 3. "Director" means the Public Works Director or his /her designee, including the City Engineer and Public Works inspectors. 4. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. rit 5. "Excavation" means the digging or removal of earth material. 6. "Fill" means a deposit of material placed by artificial means. 7. "Geotechnrcal engineering" means the application of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof. 8. "Grading" means any activity that results iim change of the cover or topography, or any activity that may cause erosion, including clearing, excavation, filling, grading and stockpiling. 9. "Sensitive area" means wetlands, watercourses, areas of potential geologic instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's Sensitive Areas Ordinance. 10. "Site" means any legally defined section of real property, whose boundaries are recorded with the King County Assessor's office for the purposes of assessing taxes. 16.54.040 Applicability A. TMC Chapter 16.54 applies to all grading activities within the City limits. B. Flood zone grading, excavation and earthwork construction, including fills and embankments, shall comply with the requirements of TMC Chapter 16.52. C. City departments shall comply with all the requirements of TMC Chapter 16.54, except that they are not required to obtain permits and approvals from the City for work performed in the public right -of -way, nor for operation and maintenance activities by the Department of Parks and Recreation. 16.54.050 Permit A. A permit is required for all grading activities occurring within the City limits, except the following: 1. Excavation for construction of a structure permitted under the International Building Code. 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells, or trenches for utilities. 5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 6. Exploratory excavations performed under the direction of a registered design professional, as long as this exploratory excavation does not constitute the beginning of construction of a building prior to obtaining a permit. 3 Grading 9/24/04 3 of 5 f.. B. Applications for permits pursuant to TMC Chapter 1654 shall be submitted to the City in the format and manner specified by the Director. C. An approved grading permit applies to one site A separate permit shall be obtained for each site D. The City shall collect a nonrefundable permit fee, the amount set by resolution of the City Council. 16.54.060 Standards A. All grading activities require erosion prevention and sediment control conunensurate with the degree of risk, as determined by the Director. B. All grading activities shall be undertaken according to the following mandatory standards: 1. All design and construction shall be performed to minimize soil disturbance and to maximize erosion prevention and sediment control. 2. All grading activities shall be consistent with ?z- a. The International Building Code, Chapter 18 and Appendix J. z 3 Appendix J is hereby adopted by reference, except as amended in TMC 1654.050, and as may be amended from time to time l'?..]:81. b. The Public Works Department's Development Guidelines and Design and Construction Standards. a <a c The King County Surface Water Design Manual, Appendix D, and as may be amended from time to time. d. Tukwila Municipal Code Chapter 18.45, "Sensitive Areas." e. Policies and procedures set forth by the Director. 16.54.070 Supplemental Information A. The Director may require supplemental studies, inspections, or testing by an approved testing agency to be performed at the owner's expense. 1' B. The Director may require a Hold Harmless Agreement for activities in or near a sensitive area, or for a deviation from standards set forth in TMC 1654060. 16.54.080 Financial Guarantees fi A. The Director may require a bond for erosion prevention and sediment control in the amount of 10% of the total project cost on projects which clear more than 6,000 square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or steeper slopes, wetlands, or critical drainage. B. If the Director determines the nature of any work creates a hazard to human life, endangers public or private property or sensitive areas, the Director may require the applicant to file a Certificate of Insurance. The Director, based on the nature of the risks involved, shall determine the amount of insurance. 16.54.090 Exceptions 4;E: The Director may grant a written variance from any requirements of TMC Chapter 16.54 if there are exceptional circumstances applicable to the site such that strict adherence to these provisions will not fulfill the intent of TMC Chapter 16.54. Grading 9/24/04 4 of 5 1634100 Penalties A. Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 16.54, shall be subject to the terms and conditions of TMC Chapter 8:45, "Enforcement'. B. The City Attorney shall bring injunctive, declaratory, or other actions as necessary to ensure compliance with TMC Chapter 16.54. Any person failing to comply 221- with TMC Chapter 1634 shall be subject to a civil penalty not to exceed $1,000 for each violation. Each violation or each day of noncompliance constitutes a separate violation. C. A notice in writing shall impose the penalty provided for in TMC Chapter 16.54 by certified mail, either with return receipt requested or by personal service, to the person incurring the notice. The notice shall describe the violation with reasonable particularity, and order the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, require necessary corrective action within ,a specific and reasonable time D. A schedule of penalty fees pursuant to TMC Chapter 16.54 is subject to review by the Tukwila City Council. 1654120 Appeals J, A decision of the Director made in accordance with TMC Chapter 16.54 shall be y considered determinative and final. Any appeal must be filed in Ring County Superior Court within 30 days of the date of issuance of the final determination. .L!%r Section 2. Repealer. Ordinance Numbers 1591; 1770 §12, 13, 14 and 15; and 1838 §15 are hereby repealed. Section 3. Severability. if any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published 4., 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 QTY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: y APPROVED AS TO FORM BY:" Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Grading 9/24/04 5 of 5 Utilities Committee August 3, 2004 Present: Pam Carter, Chair; Pam Linder, Dennis Robertson Jim Morrow, Frank Iriarte, Pat Brodin, Jill Mosqueda, Gail Labanara, Bob Giberson, Lucy Lauterbach 1. Duwamish Area Water Connection As the sewer, water, and surface ~ater improvements have all been completed in Duwamish, costs for new water can be implemetl~ced. The water project cost $397,544. New water customers will pay increasing water connection fees, starting at just under $4,000 until January 31, 2006. There are only going to be about 20 new connections. The Committee clarified that, and asked that the memo and ordinance reflect that better than the draft. The rest of the water cost will be absorbed by the system rate payers. As a point of information, Jim M told the Committee he is trying to get Metro to charge developments the cost of connecting sewers. As it is now, customers get their first bill and it includes a $4,000 connection fee they didn't know about. Recommend ordinance to COW. 2. New Grading Ordinance The current grading ordinance was passed in 1991, and many standards have changed since then. Dennis said the Grading Ordinance had been as important as the Sensitive Areas Ordinance, as it affects many people. Jill said the old provisions had been .._.. updated, cleaned up, and streamlined. Instead of having all the standards in the TMC, the new ~ ) ordinance references the documents where the standards are contained. Jill said the City's code ~ will have links to specific standard's provtsions needed. Going through the draft, the Committee added some language, and Jill added some DCD input she'd gotten that day. They wondered about people's stacks of dirt or compost or bark, which are now covered under this ordinance, concluding they would be o.k. if they didn't cause problems with other properties. The Committee members suggested clarifying language throughout the ordinance. Recommend ordinance to COW. 3. Second Quarter Reports The Committee members asked questions about several items in the reports. They noted again that items like brush and plant trimming as well as trash pickup have had budget cuts, so are not as prompt or thorough as in the past. Information. Committee chair approval Utilities Committee .~ ~.~ September 21, 2004 Present: Pam Carter, Chair; Pam Linder, Dennis Robertson Sim Morrow, Frank Iriarte, Pat Brndin, Ryan Larson, Jill Mosqueda 1. Grading Ordinance This ordinance simplifies the language and consolidates similar topics under one heading. The ordinance clarifies when this ordinance applies, simplifies the permit requirements, and adopts specific grading standards, including sections of the International Building Code and the Sensitive Areas Ordinance. Recommend move to COW for approval. 2. Surface Water Management Ordinance and Comprehensive Surface Water Management Plan This ordinance will update the Surface Water Management regulations and adopt the new Comprehensive Surface Water Management Plan. Staff began by reviewing the summary of drainage basins, drainage maps, surface water issues, CIP Projects, and low impact development items in the first section. Detailed information is included in the plan's appendices. The Surface Water Management Ordinance is revised to clarify the surface water design manual that the City is currently using. The new ordinance is written to be easier to read, adopt specific standards, include references to new requirements such as the National Pollution Discharge Illumination System (NPDES), and provide a guidance for Low Impact Development. Recommend move to COW for approval. Note: Allentown/Foster Point Open House was reported to be Oct 6, 2004 in the Hazelnut. It will be Wednesday, Oct 20, 2004. Postcards will be mailed out the week of 9/27 informing the specific residents of the change in the date. .Committee Chair Approval COUNCIL AGENDA SYNOPSIS �CJ =0t \Z1 Initials ITEM NO. <f �1� 1�g I 1 1 Meetit�A Date I Prepared by 1 Mayor's review I Council review I I .i>i y LL L1Lv M. 1 r9oa ITEM INFORMATION CAS NUMBER: 04-137 I ORIGINAL AGENDA DATE: 9/27/04 AGENDA ITEM TITLE Draft resolution supporting the national committment toward achieving access toward attaining the American dream CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 9/27704 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal FOR Police PW SPONSOR'S This effort is being led by the National League of Cities, which is convening a national SUMMARY roundtable september 28th to discuss what cities can do to support this effort. If Tukwila would like to join that effort, this resolution is a start. This has not gone to Committee, and can be recommended to the October 4 meeting for adoption if approved. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Recommend adoption of resolution at October 4 Regular Meeting COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 9/27/04 1 MTG. DATE ATTACHMENTS 9/27/04 1 National League of Cities letter explaining American Dream Campaign 9/27/04 1 Draft resolution I September 17, 2004 Dear National League of Cities Leader: I am writing again to ask you to join me on September 28 in a national effort to ensure access to the American dream. My sincere thanks to those of you who have already joined the campaign. On September 28, I will convene a national roundtable in Washington, DC, to focus on what we can do in our cities and towns and what we hope Congress and the Administration will do with us during the coming four years to promote fairness and opportunity. The national roundtable discussion will begin at 10 a.m. eastern time, and will be available through the NLC web site as a live web cast. I am attaching some updated information To help you plan an event that day or that week to support this tampa]gu including an updated resolution that reflects some current information from the survey we will release on September 28, an agenda for the national roundtable which you can use for your meetings, and an updated press release. We are developing some video taped vignettes that we will use during the Washington roundtable to highlight the issues we will discuss. Those vignettes will be available on our web site on Monday, September 27, through a secure URL address that we will provide to participating cities. Ifyou are interested in getting the vignettes, please e-mail John Pionke at pionke~nlc.org. I need your support on September 28 in whatever way makes the most sense for your community. Whether it is a proclamation or resolution supporting the American Dream Campaign, a discussion about successful programs in your community that help residents achieve their dreams, or a presg release indicating that your community is committed to promoting fairness and opportunity, your city's voice matters in this campaign. The more local and regional meetings we can identify, the more media attention we can draw to our work which will strengthen our effectiveness as the voice for the 225 million citizens we collectively represent. Please complete the enclosed commitment form as soon as possible or visit the NLC web site at www.nlc.org to use the online commitment form. I hope that I can add your city/town name to your list of American Dream Campmgu supporters. Thanks for your commitment to promoting fairness and opportunity. Sincerely, Charles Lyons President Selectman, Arlington, Massachusetts IA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE NATIONAL COMMITMENT TOWARD ACHIEVING ACCESS FOR ALL IN ATTAINING THE AMERICAN DREAM. WHEREAS, the American dream involves principles of fairness, opportunity, and a chance to succeed in reaching economic and social goals; and WHEREAS, cities like Tukwila are on the front line in providing jobs and opportunities for all people to work toward achieving the American dream; and WHEREAS, the National League of Cities is spearheading a goal of uniting a broad spectrum of American cities in pledging to deliver opportunities for achieving the American dream; and WHEREAS, a National League of Cities' survey has shown that two- thirds of Americans believe the dream is becoming harder to achieve, especially for young families; and WHEREAS, Tukwila will join the national commitment required to ensure access for all to the American dream; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City of Tukwila, Washington, supports delivering services to ensure a good quality of life and an opportunity for success for all its citizens, and joins the National League of Cites in working to build an inclusive community that can offer public education, affordable housing, and opportunities for job skill training to ensure that success. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. 4;- i. ATTEST /AUTHENTICATED: y<s, Jim Haggerton, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: CO UNCIL AGENDA SY]VOP$I$ I ..~.~..ij~1 .................................. Initials ................................. ITEMNO. ~ Meeting Date Prepared ,by Mayor's Goundl 08/09/04 LL ~~ 09/20/0,4 LL ITEM INFORMATION CAS NUMBER: 04-116 I ORIGINALAGENDADATE: 8/9/04 AGENDA I'rEM TrrLE Ordinance Regulating Motorized Scooters and EPAMDs CATEGORY [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Avaard [] Pubic Heating [] Other Mt, g Date 9/20/04 Mtg Dau Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date SPONSOR [] Counc~ [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Lee~al [] SPONSOR'S This ordinance regulates the operation of motorized scooters, electric personal-assistive SUMND\RY devices, and pocket bikes within the City as allowed by State law. REVIEWED BY [] COW Mtg. [] CA&P Cmte [] F&S Cmte [] Transportation Cmte [] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm. DATE: 8/g/04 RECOMMENDATIONS: SI'ONSOR/ADMIN. Recommend ordinance for adoption COMMITfEE COST'IMPACT/FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/9/04 COW g/;['7,/04 MTG. DATE ATTACHMENTS 8/9/04 Memo dated August 3rd from L. Lauterbach ' ' Draft ordinance regulating motor scooters · Minutes from Finance and Safety Committee dated 8/3/04 9/27/04 Memo dated September 13,2004 from L. Lauterbach :' Revised draft ordinance ' ' RCW language about motor scooters and mopeds To: City Council From: Lucy Lauterbach Date: September 13, 2004 Subject: Back to Motor Scooters In August you considered an ordinance that regulated motor scooters in Tukwila. You made comments about who would enforce the ordinance, and about mopeds and recently-discovered pocket bikes shown in ads for motor scooters. Chief Haines expressed a preference for outlawing the small and short pocket bikes. The draft before you has defined pocket bikes and does not allow them on public streets and trails. It does not address mopeds, which are defined and regulated in state law, a copy of which I've included here. Other changes clarify some sections. I did receive a call from a responsible adult on Poverty Hill whose nephew or grandson (age 14) had a pocket bike and who was having a great deal of fun tiding it on Poverty Hill. She herself expressed an interest in buying one because she said she had such a good time tiding when it was loaned to her. That is the only call I've received, except for one f~om an apartment owner who didn't like residents tiding scooters within her complex. The motor scooters and pocket bikes are cheap and easy to tide. Parent like their kids to ride them because it means parents don't have to drive their kids so much. That must be balanced against their being a threat to the safety of other vehicles. With the rainy weather we're having now, scooter use may be down naturally, Passage of this ordinance will give the police department another tool in addressing people who are irresponsible in tiding their scooters. If people are responsible and careful in tiding their scooters, they are not a problem and can be used. However, if riders are not obeying laws, this ordinance will allow the police to stop their unlawful behavior. The main changes from the prewous draft ordinance you saw are removing the prohibition on public school grounds as we cannot regulate them, and adding a section on pocket bikes. Penalties were not changed. Looking at other cities' penalties, Stanwood's penalties are what are proposed in this ordinance; Lake Stevens charges $47 on the third offense only, Wenatchee charges $50 for any offense, and Renton charges violations as traffic violations, which could be as high as $100 per offense. It is your choice to change the penalties if you see the need to do so. 14 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; ESTABLISHING NEW REGULATIONS REGARDING THE USE OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND EPAMDs; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN `t EFFECTIVE DATE. WHEREAS, RCW 46.61.710 has authorized the use of motorized foot scooters, pocket bikes and EPAMDs, yet has allowed local jurisdictions to regulate their use within each city; and WHEREAS, the City of Tukwila is concerned about traffic and pedestrian safety, as well as the safety of all its citizens; and WHEREAS, Tukwila chooses to regulate the use of motorized foot scooters, pocket bikes and EPAMDs in order to protect the health, safety, and welfare of its citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulations established. Tukwila Municipal Code Chapter 934 is hereby established to read as follows: CHAPTER 9.34 OPERATION OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND EPAMDs Sections: 9:34.010 Definitions 934.020 Areas of Operation 0 9.34.30 General Requirements and q Operation r s 934.040 Prohibited Areas 9.34.050 Requirements for Operating Motorized Foot Scooters, Pocket Bikes and EPAMDs 22 :4 934.060 Responsibility 934.070 Application to Other Devices 934.080 Violation and Penalties 934.010 Definitions For the purposes of TMC Chapter 934, the following definitions shall apply: A. "EPAMD" is an electric, personal assistive mobility device, which is a self- balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of 750 watts (one horsepower), having a maximum speed on a paved surface of less than 20 mph (miles per hour), '1' when powered solely by such a propulsion system. B. "Motorized foot scooter" means a device with no more than two 10- inch -or- smaller diameter wheels, that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. A motor- driven cycle, a moped, an electric- assisted bicycle or a motorcycle is not a motorized foot scooter. Motor Scooters 9/24/04 1 of 4 C. "Pocket bike" (also known as mini mato. originally designed for use on closed tracks) is a two -stroke engine driven motorcycle with an engine displacement equal to or less than 49cc. ranging in size from 16 to 37 inches tall 934.020 Areas of Operation A. Except as otherwise provided in TMC Chapter 9.34, motorized foot scooters may be operated on roads and road shoulders where the speed limits are 25 mph or less. =z B. EPAMDs may be operated on roads and road shoulders where the speed limits are 25 mph or less, and on bicycle lanes, sidewalks and alleys. They are prohibited in City parks, on school playgrounds, and on multiple -use trails within the City. C. Pocket bikes are prohibited from operation on any street road or byway publicly maintained and open to the public for vehicular travel. 9.34.030 General Requirements and Operation A. Motorized Foot Scooters. g'•-= 1. No person may operate a motorized foot scooter on a public byway unless y< P Y P P Yw Y such person is 16 years or older. 2. Any person operating a motorized foot scooter or similar device shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. -0/3 3. It shall be unlawful to operate a motorized foot scooter or similar device s; other than as dose as practicable to the right -hand curb or right edge of the roadway. je 4. When preparing for a left turn, the motor scooter operator shall stop and dismount as dose as practicable to the right -hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in RCW Chapter 46.61. 5. No motorized foot scooter shall be operated with any passengers in addition to the operator. 6. No motorized foot scooter shall be operated between the times of sunset and sunrise. 7. No motorized foot scooter shall be operated without the operator wearing a properly fitted and fastened helmet, that meets or exceeds safety standards adopted by Standard Z -90.4 set by the American National Standards Institute (ANSI). l.: 8. Prohibited Areas. It is unlawful for any person to operate or ride upon a motorized foot scooter or similar device in any of the following areas: a. Parks, including sidewalks, streets, paths, trails and similar travel ways. b. Multi-use trails, including all City and regional recreational trails in the City. c. Sidewalks within the City limits. d. Public school playfields or public school playgrounds. e. Roads with speeds over 25 mph. B. Electric Personal Assistive Mobility Device (EPAMD) 1. A person operating an electric, personal- assistive mobility device (EPAMD) shall obey all speed knits and shall yield the right -of -way to pedestrians and human- powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Persons operating an EPAMD have all the rights and duties of a pedestrian, though they must follow rules of the road when traveling on the roadway. Motor Scooters 9/24/04 2 of 4 2. EPAMDs on roadways should ride as close as practicable to the right side of the road. 3. EPAMD operators should dismount their device on the right side of the road and cross the road at an intersection as a pedestrian would if making a left hand turn. 4. No EPAMD shall be operated between the times of sunset and sunrise, unless onerated as a mobility assistant for a disabled occunant in which case lights and reflectors must be properly installed per RCW 46.04. 5. No EPAMD shall be operated with any passengers in addition to the operator. 6. No EPAMD shall be operated without the operator wearing a properly fitted and fastened helmet that meets or exceeds safety standards adopted by Standard Z -90.4 set by the American National Standards Institute (ANSI\. 7. All operators of EPAMDs shall follow State law as found in RCW 46.61.710, detailing that they have the rights and duties of a pedestrian unless otherwise regulated in this section. C. Pocket Bikes. Pocket bikes are prohibited on any public roadways, trails or public property unless they are legally registered with the Washington State Department of Motor Vehicles as a street -legal motorcycle. 9.34.040 Requirements for Operating Motorized Foot Scooters, Pocket Bikes and EPAMDs A. It is unlawful to operate a motorized foot scooter, pocket bike or EPAMD in a negligent or unsafe manner. They shall be operated with reasonable regard for the safety of the operator and other persons. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices, or failure to yield right -of -way to pedestrians and /or vehicular traffic. Every internal combustion engine -driven foot scooter or pocket bike shall at all times be equipped with a muffler in good working order and in constant operation to L'. prevent excessive or unusual noise. C. The use of a cutout, bypass, or similar muffler elimination device is prohibited on any motorized foot scooter or pocket bike. D. Motorized foot scooters shall be equipped in such a manner that the drive :ii. motor is engaged through a switch, lever, or other mechanism that, when released, will cause the drive motor to disengage or cease to function. E. It is unlawful to operate on a public roadway or on public property with a motorized foot scooter or pocket bike that has had factory- installed brakes removed or x: altered to the extent that the braking device is ineffective. Brakes on motorized foot `'�•f' scooters and pocket bikes must enable the operator to make the braked wheels skid on >e` dry, level and clean pavement. F. Handlebars on a motorized foot scooter or pocket bike must not exceed the shoulders of the operator. G. Noise Restrictions: 1. Motorized foot scooters, pocket bikes and EPAMDs must comply with the provisions in TMC Chapter 522, "Noise." 2. No motorized foot scooter, pocket bike or EPAMD shall emit frequent, repetitive or continuous sounding of any horn or siren, except a warning of danger or as specifically permitted or required by law. 3. No motorized foot scooter. pocket bike or EPAMD shall allow squealing, screeching or other sounds from scooter tires coming in contact with the ground or pavement because of rapid acceleration, braking or excessive speed around corners or because of such other reason not connected with avoiding danger. Motor Scooters 9/24/04 3 of 4 '1" 9.34.050 Responsibility No person shall perform any act forbidden by TMC Chapter 934 nor fail to perform any act required in TMC Chapter 934. It is unlawful for any parent, guardian or other person having control or custody of a minor child to allow said minor to operate a motorized foot scooter,nocket bike or EPAMD in violation of TMC Chapter 934. 9.34.060 Application to Other Devices The provisions of TMC Chapter 934 regarding motorized foot scooters, pocket bikes and EPAMDs apply to any device that 1. Matches the definition of a motorized foot scooter, except for the number or size of the device's wheels; and 2. Matches the definition of a rocket bike. except for slightly different size, 3. Cannot be defined as a motor -driven cycle, a moped, an electric- assisted bicyde or a motorcycle. 9.34.070 Violations and Penalties A. The City of Tukwila Police Department personnel shall be responsible for enforcing the provisions of TMC Chapter 934. :ye B. Upon determining a violation of TMC Chapter 9.34 has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the amounts specified in TMC 934.070.0 to any person including a parent or guardian violating any of the provisions of TMC Chapter 934. In any case, the amount shall not exceed $250. C. The following monetary penalties shall apply: 1. First offense in a 365 -day period $40. 2. Second offense in a 365 -day period $80. 3. Third and future offenses in a 365 -day period $250. Section 2. Severability. If any section, subsection, paragraph, sentence, dause 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 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICA.hll: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Motor Scooters 9/24/04 4 of 4 46.04.320 Title 46 RCW: Motor Vehicles 46.04.320 Motor vehicle. Re','iser's note~ This section was amended by 2003 c 141 § 4 anti by 46.04.330 Motorcycle. 2003 c 353 ~ 7. each without reference to the t~ther. Both amendments are 46.04.332 Motor-driverl cycle, incorporated in the publication of this section under RCW 1.12.025121. F~lr 46.04.336 Motorized foot scooter, rule of conslrttction, see RCW I.I 2.02511 ). 46.04.357 Neighborhood electric vehicle. 46.04.41)0 Pedestrian. Effective date-.--2003 c 353: See note fi~ll{~wing RCW 46.04.32{I. 46.04.415 Power wheelchair. Legislative review--2002 c 247: See note following RCW 46.04.1695. 46.04-.670 Vehicle. Effective date---1963 c 154: See note lbllowing RCW 46.37.1110. 46.04.320 Motor vehicle. "Motor vehicle" means every 46.04.336 Motorized foot scooter. "Motorized foot vehicle that is self-propelled and every vehicle that is pro- scooter" means a device with no more than two ten-inch or pelled by electric power obtained from overhead trolley smaller diameter wheels that has handlebars, is designed to wires, but not operated upon rails. "Motor vehicle" includes be stood or sat upon by the operator, and is powered by an a neighborhood electric vehicle as defined in RCW internal combustion engine or electric motor that is capable 46.04.357. An electric personal assistive mobility device is of propelling the device with o.r without human propulsitm. not considered a motor vehicle. A power wheelchair is not For purposes of this section, a motor-driven cycle, a considered a motor vehicle. [2003 c 353 § 1; 2003 c 141 § 2: moped, an electric-assisted bicycle, or a motorcycle is not a 2002 c 247 § 2:1961 c 12 § 46.04.320. Prior: 1959 c 49 § motorized foot scooter. [2003 c 353 § 6.] 33; 1955 c 384 § 10; prior: (i) 1943 c 153 § 1, part; 1937 c Effectivedate--2003 c353: Seenote following RCW 46.04.320. 188 § 1, part: Rem. Supp. 1943 § 6312-1. part: 1923 c 18l § 1, part; i921 c 96 § 2, part: 1919 c 59 § 1, part; 1917 c 155 § 46.04,357 Neighborhood electric vehicle. Ne'ghbor- 1. part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c hood electric vehicle" means a self-propelled, electrically 189 § 1, part; RRS § 6360-1, part: 1929 c 180 § l, part: 1927 powered four-wheeled motor vehicle whose speed attainable c 309 § 2, part; RRS § 6362-2, part.] in one mile is more than twenty miles per hour and not more Revlser's note: This section was amended by 2003 c 141 § 2 and by than twenty-five miles per hour and conforms to federal reg- 2003c353§ l, each without reference to the other Both amendlnents are ulationsunderTitle49C.F.R. Part571.500. [2003c353§2.] incorporatedin thepublicationofthissectiogunderRCW 1.12.025(2). For Effective date---2003 c 353: See note following RCW 46.04.32{). rule of construction, see RCW 1.12.025( 1 ). Effective date--2003 ¢ 353: "This act takes effect August I 2003." [2003c353§ 12.1 46.04.400 Pedestrian. "Pedestrian" means any person who is afoot or who is using a wheelchair, a power wheel- Legislative review--2002 c 247: See note li~llowing RCW 46.04. I695. chair, or a means of conveyance propelled by human power other than a bicycle. [2003 c 141 § 5; 1990 c 241 § 1; 1961 c 46.04.330 Motorcycle. "Motorcycle" means a motor 12 § 46.04.400. Prior: 1959 c 49 § 41; prior: 1937 c 189 § vehicle designed to travel on not more than three wheels in [, part; RRS § 6360-1, part.] contact with the ground, on which the driver fides astride the motor unit or power train and is designed to be steered with a 46.04.415 Power wheelchair. "Power wheelchair" handle bar. but excluding a farm tractor, a power wheelchair, means any self-propelled vehicle capable of traveling no an electric personal assisfive mobility device, and a moped, more than fifteen miles per hour, usable indoors, designed as The Washington state patrol may approve of and define a mobility aid for individuals with mobility impairments, and as a "motorcycle" a motor vehicle that fails to meet these spe- operated by such an individual. [2003 c 141 § 1.] cific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific Wheelchair con['eyance: RCW 46.04. 710. criteria. [2003 c 141 § 3; 2002 c 247 § 3; 1990 c 250 § 20; 46.04,670 Vehicle. "Vehicle" includes every device 1979 ex.s. c 213 § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49 § 34; prior: ti) 1943 c 153 § 1, part; 1937 c 188 § 1, part; capable of being moved upon a public highway and in, upon, Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c or by which any persons or property is or may be transported 96 § 2, part; 1919 c 59 § 1, part: 1917 c 155 § 1, part; 1915 c or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; than bicycles moved by human or animal power or used RRS § 6360-I, part; 1929 c 180 § 1. parr; 1927 c 309 § 2. exclusively upon stationary rails or tracks. Mopeds shall not part; RRS § 6362-2, part.] be considered vehicles or motor vehicles for the purposes of Legislative review--2002e247: See rune followingRCW46.04.1695, chapter 46.70 RCW Bicycles shall not be considered vehi- Severability--1990 c 250: See note tbllowing RCW 46.16.301 c[es for the purposes of chapter 46.12.46. l 6. or 46.70 RCW. Electric personal assistive mobility devices are not consid- 46.04.332 l~'lotor-driven cycle. "Motor-driven cycle' ered vehicl¢s or motor vehicles for the purposes of chapter means every motorcycle, including every motor scooter, with 46.12. 46.16. 46.29. 46.37. or 46.70 RCW. [2003 c 141 § 6; a motor that produces not to exceed five brake horsepower 2002 c 247 § 5:1994 c 262 § 2; 1991 c 214 § 2; t979 ex.s. c (developed by a prime mover, as measured by a brake applied 213 § 4:1961 c 12 § 46.04.670. Prior: 1959 c 49 § 72; prior:. to the driving shaft). A motor-driven cycle does not include ti) 1943 c 153 § 1. part; 1937 c 188 § l, part; Rem. Supp- a moped, a power wheelchair, a motorized foot scooter, or an 1943 § 6312- l, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1- electric personal assistive mobility device, [2003 c 353 § 7; part; 1929 c 180 § l, part: 1927 c 309 § 2, part; RRS § 6362- 2003c 141 § 4;2002 c247 § 4; 1979 ex.s.c 213 § 3; 1963c 2, part.] 154 § 28.1 Legislative review--2002 c 247: See note following RCW 46 04. 695. [2003 RCW Supp---page 6061 Definitions 46.04.304 "~ 46.04.304 Moped. "Moped" means a motorized contact with the ground, on which the driver rides astride the device designed to travel with not more than three sixteen- motor unit or power train and is designed to be steered with inch or larger diameter wheels in contact with the ground, a handle bar, but excluding a farm tractor, an electric having fully operative pedals for propulsion by human personal assistive mobility device, and a moped. power, and an electric or a liquid fuel motor with a cylinder The Washington state patrol may approve of and define displacement not exceeding fifty cubic centimeters which as a "motorcycle" a motor vehicle that fails to meet these produces no more than two gross brake horsepower (devel- specific criteria, but that is essentially similar in performance oped by a prime mover, as measured by a brake applied to and application to motor vehicles that do meet these specific the driving shaft) that is capable of propelling the device at criteria. [2002 e 247 § 3; 1990 c 250 § 20; 1979 ex.s. c 213 not more than thirty miles per hour on level ground. § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49 § 34; prior: The Washington state patrol may ~pprove of and define (i) 1943 e 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. as a "moped" a vehicle which fails to meet these specific 1943 § 6312-1, part; 1923 e 181 § 1, part; 1921 c 96 § 2, criteria, but which is essentially similar in performance and part; 1919 e 59 § 1, part; 1917 c 155 § 1, part; 1915 e 142 application to motorized devices which do meet these § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS. specific criteria. [1990 c 250 § 18; 1987 c 330 § 702; 1979 § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; ex.s. c 213 § 1.] RRS § 6362-2, part.] Severabliity--L090 c 250: See note following RCW 46.16.301. Legislative review--2002 c 247: See note following RCW Construction--Application of rules----Severabillty-~1987 e 330: 46.04.1695. Se~ notea following RCW 28B.12.050~ Severability--1990 ¢ 250: See note following RCW 46.16.301. 46.04.305 Motor homes. "Motor homes" means 46.04.332 Motor-driven cycle. "Motor-driven cycle" motor vehicles originally designed, reconstructed, or perma- means every motorcycle, including every motor scooter, with nently altered to pgovide facilities for human habitation, a motor that produces not to exceed five brake horsepower which include lodging and cooking or sewage disposal, and (developed by a prime mover, as measured by a brake is enclosed within a solid body shell with the vehicle, but plied to the driving shaft). A motor-driven cycle does not excludes a camper or like unit constructed separately and include a moped or an electric personal asaistive mobility affixed to a motor vehicle. [1990 c 250 § 19; 1971 ex.s. c device. [2002 c 247 § 4; 1979 ex.s. c 213 § 3; 1963 c 154 231 § 3.] § 28.1 Severabllity--1990 e 250: See note fogowing RCW 46.16.301. Legislative review--2002 c 247: See note following RCW Effective date--1971 ex.s. c 231: See note following RCW 46.04.1695. 46.01.130~ Effective date---1963 c 154: See note following RCW 46.37.010. 46.04.310 Motor truck. "Motor track" means any 46.04.340 Muffler. "Muffler" means a device motor vehicle designed or used for the transportation of consisting of a series of chambers, or other mechanical commodities, merchandise, produce, freight, or animals, designs for the purpose of receiving exhaust gas from an [1961 c 12 § 46.04.310. Prior: 1959 c 49 § 32; prior: (i) internal combustion engine and effective in reducing noise 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 resulting therefrom. [1961 c 12 § 46.04.340. Prior: 1959 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; e 49 § 35; prior: 1937 e 189 § 1, part; RRS § 6360-1, part.] 1919 e 59 § 1, part; 1917 c 155 § 1, part; 1915 e 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 46.04.350 Multiple lane highway. "Multiple lane 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; highway" means any highway the roadway of which is of RRS § 6362-2, part.] sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the same direction, each 46.04.320 Motor vehlde. "Motor vehicle" shall mean lane of which shall be not less than the maximum legal every vehicle which is self-propelled and every vehicle vehicle width and whether or not such lanes are marked. which is propelled by electric power obtained from overhead [1975 c 62 § 5; 1961 c 12 § 46.04.350. Prior: 1959 c 49 § trolley wires, but not operated upon rails. An electric 36; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.] personal assisfive mobility tl~vice is not considered a motor Severability--1975 c 62: See note following RCW 36.75.010. vehicle. [2002 C 247 § 2; 1961 e 12 § 46.04.320. Prior: 1959 c 49 § 33; 1955 c 384 § 10; prior. (i) 1943 c 153 § 1, 46.04.355 Municipal translt vehicle. Municipal part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;, transit vehicle includes every motor vehicle, street car, train, 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, trolley vehicle, and any other device, which (1) is capable of part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § being moved within, upon, above, or below a public high- 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; way, (2) is owned or operated by a city, county, county 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, transportation authority, public transportation benefit area, or part.] metropolitan municipal corporation within the state, and (3) Legislative review--2002 c 247: See note following RCW is used for the purpose of carrying passengers together with ' 46.04.1695. incidental baggage and freight on a regular schedule. [1984 c 167 § 2; 1974 ex.s. c 76 § 4.] 46.04.330 Motorcycle. "Motorcycle" means a motor Unlawful bus conduct: RCW 9.91.025. vehicle designed to travel on not more than three wheels in (2002 Ed.) [Title 46 RCW--page 13] Rules of the Road 46,61.690 the act. or the application of the provision to other persons or circumstances (C) A state agency or local government may regulate the is not affected." [1961 c 259 § 2.] operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conserva- 46.61.700 Parent or guardian shall not authorize or lion purposes. [2002 c 247 § 7; 1997 c 328 § 5; 1979 ex.s. permit violation by a child or ward. The parent of any c 213 § 8.] child and the guardian of any ward shall not authorize or Legislative review--2002 c 247: See note following RCW knowingly permit any such child or ward to violate any of 46.04.1695. the provtsions of this chapter. I1965 ex.s. c 155 § 78.] Reviser's note: This section was enacted just I~efore sections aoout 46,61,720 Mopeds~Safety standards. Mopeds shall the operation of bicycles and play vehicles and was accordingly so codified comply with those federal motor vehicle safety standards in 1965. Other sections enacted later have been codified under the numbers remaining between RCW 46.61.700 and 46.61.750. The section appears m established under the national traffic vehicle safety act of the Uniform Vehicle Code (1962) as part of the first section of Article 1966 (15 U.$.C. Sec. 1381, et. seq.) which are applicable to KII~peration of Bicycles and Play Vehicles. a motor-driven cycle, as that term is defined in such federal Captions used herein, noi part of the law: RCW 46.61.990. standards. [1979 ex.s. c 213 § 9.] fJnlawful to allow unauthorized child or ward to drive: RCW 46.20.024. Mope& drivers' licenses, motorcycle endorsement, moped exemption: RCW ~ 46.61.710 Mopeds, EPAMDs, electric-assisted-~ 46.20.500. registration: RCW 46.16.630. bicycles--General requirements and operation. (1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration 46.61.730 Wheelchair conveyances. (1) No person number and displays a moped permit in accordance with the may operate a wheelchair conveyance on any public roadway with a posted speed limit in excess of thirty-five miles per provistons of RCW 46.16.630. hour. (2) Notwithstanding any other provision of law. a moped may not be operated on a bicycle path or trail. (2~ No person other than a wheelchair-bound person may operate a wheelchair conveyance on a public roadway. ' bikeway, equestrian trail or hiking or recreational trail. (3) Every wheelchair-bound person operating a wheel- (3) Operation of a moped, electric personal assistive chair conveyance upon a ]~oadway is granted all the rights mobility device, or an electric-assisted bicycle on a fully controlled limited access highway ts unlawful. Operatton of and is subject to all the duties applicable to the driver of a a moped or an electric-assisted bicycle on a sidewalk is vehicle by this chapter, except those provisions that by their nature can have no application. unlawful. (4) A violation of this section is a traffic infraction. (41 Removal of any muffling device or po!lution control [1983 c 200 § 5.] device from a moped is unlawful. (5) Subsections (1), (2), and (4) of this section do not Severability--1983 c 200: See note following RCW 46.04.710. apply to electric-assisted bicycles. Electric-assisted bicycles Wheelchair conveyances definitions: ~CW 46.0~1.710. may have access to highways of the state to the same extent licensing: RCW46.16.640. as bicycles. Electric-assisted bicycles may be operated on a operator's license: RCW 46.20.109. multipurpose trail or bicycle lane, but local jurisdictions may safety standards: RCW 46.37.610. restrict or otherwise limit the access of electric-assisted bicycles. 46.61.740 Theft of motor vehicle fuel. (1) Any (6) A person operating an electric personal assistive person who refuses to pay or evades payment for motor mobility device (EPAMD) shall obey all speed limits and vehicle fuel that is pumped into a motor vehicle is guilty of shall yield thc right-of-way to pedestrians and human- theft of motor vehicle fuel. A violation of this subsection is powered devices at all times. An operator must also give an a gross misdemeanor punishat~le under chapter 9A.20 RCW. audible signal before overtaking and passing a pedestrian. (2) The court shall order the department to suspend the Except for the limitations of this subsection, persons operat- person's license, permit, or nonresident privilege to drive for lng an EPAMD have all the fights and duties of a pedestrian, a period specified by the court of up to six months. [2001 (7) The use of an EPAMD may be regulated in the c 325 § 1.] following ctrcumstances: (a) A municipality and the department of transportation OPERATION OF NONMOTORIZED VEHICLES may prohibit the operation of an EPAMD on public high- ways within their respective jurisdictions where the speed 46.61.750 Effect of regulations~Penalty. (1) It is a limit is greater than twenty-five miles per hour: (b) A municipality may restrict the speed of an EPAMD traffic infraction for any person to do any act forbidden or in locations with congested pedestrian or nonmotorized ' fail to perform aoy act required in RCW 46.61.750 through 46.61.780. traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD (2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon operators. The areas in this subsection must be designated any bicycle path, subject to those exceptions stated herein. by the city engtneer or desigr~ee of the municipality. [1982 c 55 § 6; 1979 ex.s. c 136 § 92; 1965 ex.s. c 155 § Municipalities shall not restrict the speed of an EPAMD in 79.] the entire community or in areas in which there is infrequent pedestrian traffic; Rnles of court: blonetary penalty schedule--lRIJ 6.2. t2tv02 Ed3 [Title 46 RCW--page 223] Tentative A enda Schedule Sept. 7 (Tuesday) 13 20 27 SEE AGENDA PACKET 6th - FOR THIS WEEK'S Labor Day AGENDA (City offices closed) Oct. 4 11 18 25 Special Presentation: Special Issue: Special Presentation: Special Presentation: a) Arts Commission Surface Water Introduction of Karen Community-Oriented annual update (Brian Comprehensive Goroski, Executive Policing Citizens Kennedy) Plan Director, Suburban Advisory Board b) Starfire update - Fort Cities Association (COPCAB) presentation Dent (Chris Slatt) and awards Public Hearings: a) Comprehensive Plan Amendments b) Growth Management Act Amendments, Case #'s L03-077, L03-078, L04-025 Unfinished Business: Ordinance granting vacation of a portion of Maule Avenue Nov. 1 8 15 22 llth - Veterans' Day (City offices 29 closed) 2Sth & 26th - 5TH MONDAY OF THE Thanksgiving MONTH; and day after No Council Mtg. (City offices Scheduled closed) Dec. 6 13 20 27 24th ~ No Council Mtg. Christmas Day Sd~eduled observed (City offices closed) Weekly Meetmg /Community Events Sept /Oct 2004 1 27,,Monday_. 1 28 Tuesday: 29. Wednesday 1 30 Thursday j 1 Friday 2 Sat Transportation, Community Affairs Special premiere night CANCELLED Parks, 5 PM fi Readiness with Tukwila Police City Council OPEN HOUSE Proposed Department at KUBE COW, 7 PM Comprehensive Plan Haunted House (at Amendments w /special focus Southcenter Mall) to Tukwila on Natural Environment/ benefit Special Citizen Patrol, Olympics, 7 -10 PM, Environmentally Sensitive 7 PM Areas (two sessions available $5 /person to fit your schedule): 1 -2:30 PM or 7 -8:30 PM Tukwila Community Center 109oY K am ta*",k,6.5d4g ::i 8 Friday', :9; Sat. Finance Tukwila Government OPEN-HOUSE— Equity Diversity, Autumn Safety, 5:05 PM Affairs (SWKCC), NOON 5:15 PM Harvest City Council Utilities, 5 PM Point, RESCHEDULED Craft Fair, Regular, 7 PM TO OCT. 20, 6 8 PM 10 AM PM, Arts Commission, 5 PM TCC TCC IR Court Jury Readiness notations are made to alert City of Tukwila employees /citizens of potential parking difficulty only. Apartment Mgrs' Network Lunch (3rd Thurs), NOON. (brine own lunch). TCC, contact Robbie Burns 206 242 -8084. Arts Commission (1st Tue), 5 PM. TCC. contact Kimberly Matej 206 767 -2342. Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose of prunings /plant materials from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID w /quarantine area address. City Council Committee of Whole (COW) Meeting (2nd 4th Mon)., 7 PM. Council Chambers. City Council Regular Meeting (1st 3rd Mon), 7 PM. Council Chambers. Civil Service Commission (2nd Mon), 5 PM. Conf Rm #3, contact Bev Willison 206 433 -1844. Community Affairs Parks Committee (2nd 4th Tues), 5 PM. Conf Rm #3: 9/28 Mtg.: a) Starfire Sports complex update, b) Ikawa Park impacts, c) Sound Transit lease offer Duwamish riverbend hill. Community Oriented Policing Citizens Adv. Brd (COPCAB) (2nd Wed), 6:30 PM. Conf Rm #5, Marja Murray 206- 433 -7175. Crime Hot Spots Task Force (3rd Wed), 10 AM. CRC. Marja Murray 206 -433 -7175. Domestic Violence Task Force (3rd Th). Noon -1:30 PM. Conf Rm #5. Evie Boykan 206 -433 -7180 or Keith Haines 206- 433 -1827. ➢Equity Diversity Commission (1st Th), 5:15 PM. Showalter Middle School Librarv. call Lucy Lauterbach 206 433 -1834. Finance Safety Committee (1st 3rd Mon), 5:05 PM. Conf Rm #3. Hwy 99 Action, (2nd Tue), 7 PM. TCC. contact Keith Haines 206 433 -1827. Human Services Adv. Brd (2nd Fri of odd months only). 10 AM. Human Srvcs Conf Rm. call Evie Boykan 206 433 -7180. Human Services Providers, 11:30 AM: 3/19, 6/18.9/17. 12/3 (tentative), TCC, call Evie Boykan 206 433 -7180. Library Advisory Board, (2nd Tues), 7 PM. Foster Librarv. call Bruce Fletcher 206 767 -2343. ➢Parks Commission (3rd Wed), 5:30 PM. TCC Sr. Game Rm, contact Kimberly Matej 206 767 -2342. ➢Planning Commission /Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th), 7 PM. Council Chambers, contact Wvnetta Bivens 206431 -3670. Sister City Committee (as needed), Conf. Rm #3, contact Lucy Lauterbach 206433 -1834. Transportation Committee (2nd 4th Mon), 5 PM. 6300 Southcenter Blvd. Conf Rm #1. >Tukwila Government Affairs (SWKCC) (1st Tue), Noon. Chamber Offices, contact Nancy Damon 206 -575 -1633. Tukwila Citizen Patrol (4th Mon), 7 PM. TCC, Everett Parr 206 762- 9219/Roy Steinauer 206 243 -9191, Tukcp @hotmail.com. ➢Utilities Committee (1st 3rd Tues).. 5 PM. 6300 Southcenter Blvd. Conf Rm #1.