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LUTC PKT 02-11-2019 City of Federal Way City Council Land Use & Transportation Committee February 11, 2019 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date Time A. Approval of Minutes: January 7, 2019 Tenuta 3 Action N/A 5 min B. S Dash Point Rd Sidewalk Improvements — Mullen 7 Action February 19, 2019 5 min 30% Design Report Consent C. Downtown Staircase — Bid Award Mullen 11 Action February 19, 2019 5 min Business D. Conversion of PSE Decorative Street Lights Preston 15 Action February 19, 2019 5 min to LED - Authorization to Execute Task Consent Order 2 E. RESOLUTION: Authorization to Accept Perez 21 Action February 19, 2019 5 min Grant Funding for Transportation Consent Improvement Projects F. 2019 Planning Commission Work Program Clark 29 Action February 19, 2019 10 min Business G. Request to Add Employee Funded by Sound Davis 35 Action February 19, 2019 5 min Transit Consent H. Update on the Development Agreement Doucette 39 Info N/A 20 min with Sound Transit for the Federal Way Link Extension Project I. ORDINANCE: Granting the Central Puget Doucette 43 Info February 5, 2019 10 min Sound Regional Transit Authority a Transit Ordinance Way Agreement J. Report on Progress on Aircraft Issues Weidenfeld 109 Info N/A 10 min 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, March 4, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E,,Public Works Director Jesse E.Johnson,Member Mercedes Tenuta,Administrative Assistant 11 Hoang V, Tran,Member (253)835-2701 City of Federal Way City Council Land Use & Transportation Committee February 11, 2019 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date Time A. Approval of Minutes: January 7, 2019 Tenuta 3 Action N/A 5 min B. S Dash Point Rd Sidewalk Improvements — Mullen 7 Action February 19, 2019 5 min 30% Design Report Consent C. Downtown Staircase — Bid Award Mullen 11 Action February 19, 2019 5 min Business D. Conversion of PSE Decorative Street Lights Preston 15 Action February 19, 2019 5 min to LED - Authorization to Execute Task Consent Order 2 E. RESOLUTION: Authorization to Accept Perez 21 Action February 19, 2019 5 min Grant Funding for Transportation Consent Improvement Projects F. 2019 Planning Commission Work Program Clark 29 Action February 19, 2019 10 min Business G. Request to Add Employee Funded by Sound Davis 35 Action February 19, 2019 5 min Transit Consent H. Update on the Development Agreement Doucette 39 Info N/A 20 min with Sound Transit for the Federal Way Link Extension Project I. ORDINANCE: Granting the Central Puget Doucette 43 Info February 5, 2019 10 min Sound Regional Transit Authority a Transit Ordinance Way Agreement J. Report on Progress on Aircraft Issues Weidenfeld 109 Info N/A 10 min 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, March 4, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Jesse E.Johnson,Member Mercedes Tenuta,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. 2 City of Federal Way DRAFT City Council Land Use & Transportation Committee January 7, 2019 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and Committee member Hoang Tran. Councilmembers in attendance: Deputy Mayor Susan Honda Staff in Attendance: Public Works Director EJ Walsh, Community Development Director Davis, Deputy Public Works Director Desiree Winkler, Deputy City Attorney Mark Orthmann, Senior Policy Advisor Yarden Weidenfeld, Planning Manager Robert"Doc" Hansen, Capital Projects & Engineering Manager Sarah Hamel, Senior Planner Jim Harris, Senior Engineering Plans Reviewer Ann Dower, Surface Water Manager Theresa Thurlow, Street Systems Project Engineer John Mulkey, Senior Traffic Engineer Erik Preston, Surface Water Engineer Kent Smith, and Administrative Assistant II Mercedes Tenuta. 1. CALL TO ORDER: Chair Koppang called the meeting to order at 5:01 p.m. 2. PUBLIC COMMENT: Giai Sather, a Federal Way resident, expressed concerns about the airplane noise. Dana Hollawav, commended Senior Policy Advisor, Yarden Weidenfeld, for his thorough reports on the progress on aircraft issues. Bernedine Lund, a Federal Way Resident, also commended Mr. Weidenfeld for his thorough reports on the progress on aircraft issues. Ms. Lund also expressed concerns about the airplane noise. She provided a copy of the City of Burien's Council meeting packet for January 7, 2019 that included multiple draft resolutions pertaining to the airport as well as a copy of her public comment at the December 19, 2018 StART meeting. 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: December 3, 2018 Committee approved the December 3, 2018 LUTC minutes as presented. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously B. RESOLUTION: Mirror Lake Highland Final Plat Approval Senior Planner,Jim Harris, presented a final plat summary for Mirror Lake Highland noting that it was a Cottage Housing Demonstration project and includes 16 single-family residential lots and 6 tracts. Mr. Harris provided various pictures and outlined the procedural summary. Committee forwarded the proposed resolution to the January 15, 2019 Council Consent Agenda for approval. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 3 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously C. Brook Lake Center Connector Trail at West Hylebos Wetlands Park—85% Design Status Report and Authorization to Bid Street Systems Project Engineer, John Mulkey, provided a background of the project that will connect the terminus of the West Hylebos Wetlands Park Boardwalk Trail to the Brook Lake Center property on the east side of Brook Lake. The project is entirely on City-owned property and will provide a second access point to the trail. The park and boardwalk trail are critical to Surface Water Management's public education and outreach efforts along with the Storming the Sound with Salmon release event. Mr. Mulkey provided a project map with photos, a project status, and outlined the funding and expenditures. Committee forwarded Option #1 (Authorize staff to complete the design and bid the Brook Lake Center Connector Trail at West Hylebos Wetlands Park Project and return to the LUTC and Council for bid award,further reports and authorization)to the January 15, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously D. Master Lighting Services Agreement— PSE— Phase 1 Senior Traffic Engineer, Erik Preston, provided a brief background of the Citywide LED street light conversion to convert 2200 city-owned and 2700 PSE-owned lights from HPS to LED. Mr. Preston outlined the scope of work, costs, completed work, remaining schedule and budget. Mr. Preston and Councilmembers held a brief discussion regarding the projected energy savings, maintenance savings, and life cycle differences. Committee forwarded Option #1 (Authorize the Mayor to execute the Master Lighting Agreement and associated Task Order with PSE) to the January 15, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously E. Acceptance of FY 2019 King County CFT Funds Surface Water Manager,Theresa Thurlow, provided background information regarding the funds applied for to be used for the acquisition of property within the East Hylebos watershed. The City of was notified in December 2018 that King County had approved the award of$500,000.Acceptance of the funding will require identification of matching funds when the FY 2019 funds are required for acquisition. Ms. Thurlow provided an acquisition map as well as outlined the financial impacts and key aspects of the inter-local agreement and proposed changes to allow the amendment process to be more streamlined. Committee forwarded Option #1 (Authorize SWM staff to accept FY 2019 King County CFT funds in the amount of $500,000 and approve the amendment to the King County-City of Federal Way CFT ILA) to the January 15, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 4 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 F. Request for Proposals— Underground Utility Locate Contract Deputy Public Works Director, Desiree Winkler, provided background information about the requirement for the City to mark-out City-owned utilities when One Call is requested within the City limits. Currently, Surface Water Management(SWM) staff mark out SWM facilities, Traffic is marked out by a contract with King County(City is still responsible if a utility strike occurs), and City fiber is largely not marked out(City is liable for all fiber utility strikes). SWM identified the need for additional inspection resources to meet continued NPDES permit requirements and Traffic identified as an area where risk could be reduced. Ms. Winkler outlined the alternatives considered with the selection being to outsource the mark-outs which would provide the most advantage to the City at the lowest cost. Committee forwarded Option #1 (Authorize staff to request proposals for the Underground Utility Locate Contract and return to LUTC and Council for award and further authorization) to the January 15, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously G. Report on Progress on Aircraft Issues Senior Policy Advisor, Yarden Weidenfeld, provided an extensive update of key points discussed at the various meetings including the Sea-Tac Airport Stakeholders Roundtable (StART) Aviation Noise Working Group, the advisory committee for the Local Community Impacts Study, and the Highline Forum. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on February 4, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 6:14 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 5 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 This page left blank intentionally. 6 COUNCIL MEETING DATE: February 19,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S DASH POINT RD SIDEWALK IMPROVEMENTS—30%DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the S Dash Point Rd Sidewalk Improvements and return to the LUTC and Council at 85%design completion for further reports and authorization? COMMITTEE: LUTC MEETING DATE: Feb. 4, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P. . treet Systems Project Engr. DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 4, 2019. Options Considered: 1. Authorize staff to proceed with design of the S Dash Point Rd Sidewalk Improvements and return to the LUTC and Council at 85%design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 19,2019 City Council Consent Agenda for approval. MAYOR APPROVA��Ivy; DIRECTOR APPROVAL: Z,/ z-I) IJ mita Cou d Initial/Date Initial/Date Initiat/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 19, 2019 consent agenda for approval. Mark Koppan ,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the S Dash Point Rd Sidewalk Improvements and return to the LUTC and Council at 85%design completion for further reports and authorization." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 7 CITY OF FEDERAL WAY MEMORANDUM DATE: February 4,2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,PublicW.. reet irector�� Christine J. Mullen,P. Systems 'ro�ect Engineer SUBJECT: S Dash Point Rd Sidewalk Improvements—30%Design Report FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under capital project #212. In accordance with the approved budget this project is funded by a grant from T.I.B. in the amount of$400,000 and the remainder in City funds. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project provides a sidewalk(8') and bicycle lane (7') on the south side of Dash Point Road from the existing sidewalk to the west to the east entrance of Sacajawea Middle School (approximately 900 feet). Also provided are a planter strip with street trees, storm improvements, ADA improvements, and illumination. A grind and inlay to the centerline will also be completed in order to provide a uniform cross slope for the minor-widening associated with the new bicycle lane. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30%complete,which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • SEPA Application and Approval PROJECT ESTIMATED EXPENDITURES: Design (by City stafj) $200,000 2019 Construction Cost $940,000 10%Construction Contingency $94,000 Construction Management (by City staffi $70,000 TOTAL PROJECT COSTS $1,304,000 8 February 4,2019 Land Use and Transportation Committee S Dash Point Rd Sidewalk Improvements—30%Design Report Page 2 AVAILABLE FUNDING: T.I.B. Grant(State) $400,000 City Funds (Motor Vehicle Fuel Tax) $320,000 City Funds (Transfer from Project#194 Savings) $206,228 TOTAL AVAILABLE BUDGET $926,228 PROJECT BUDGET SHORTFALL: -$377,772 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. Staff anticipates bidding this project in June 2019. Construction is anticipated to commence in August 2019 with an estimated substantial completion date in October 2019. 9 This page left blank intentionally. 10 COUNCIL MEETING DATE: February 19,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:DOWNTOWN STAIRCASE—BID AWARD POLICY QUESTION: Should City Council award the Downtown Staircase Project to the lowest responsive, responsible bidder? COMMITTEE: LUTC MEETING DATE: Feb.4,2019 CATEGORY: [� Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen,P.E' treet Systems Project Enter DEPT: Public Works Attachments: Staff Report Options Considered: 1. Award the Downtown Staircase Project to R.L. Alia Company,the lowest responsive,responsible bidder, in the amount of$2,615,381.00 and approve a 10% contingency of$261,538.10, for a total amount of $2,876,919.10 and authorize the Mayor to execute the contract. 2. Reject all bids for the Downtown Staircase Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends approval of Option 1. NIAN OR APPRONA"' / / //-7 DIRECTOR APPROVAL:�� , 1�-111 tnmill„ ,& C col Initial f ka Initial/Date Initial/Date bus ra es5 COMMITTEE RECOMMENDATION: I move to forward Option I to the February 19, 2019 City Council r agenda for approval. Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Downtown Staircase Project to R.L. Alia Company, the lowest responsive, responsible bidder, in the amount of$2,615,381.00, and approve a 10% contingency of$261,538.10, for a total amount of$2,876,919.10, and authorize the Mayor to execute the contract.” (BELOW TO BE COMPLETED BY CITY CLERK's OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 11 CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use &Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,PublicqVt Director 44/ Christine J.Mullen,P. Systems roject Engineer SUBJECT: Downtown Staircase—Bid Award FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under capital project#201. In accordance with the approved budget this project is funded by a grant from King County Metro in the amount of $500,000 and the remainder in City funds. The City funds are comprised of $125,000 in budgeted city funds, $60,000 in REET funds, $486,408 in Impact Fees, and $3,000,000 in LIFT funds. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: Six bids were received and opened on January 10, 2019 for the Downtown Staircase project. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is R.L. Alia Company with a total bid of$2,615,381.00(base bid plus all three bid alternatives). PROJECT ESTIMATED EXPENDITURES: Design $278,250 Right-of-Way $560,000 2019 Construction Cost $2,615,381 10% Construction Contingency $261,538 Construction Management $250,000 TOTAL PROJECT COSTS $3,965,169 PROJECT AVAILABLE FUNDING: Budgeted City Funds (2017) $125,000 LIFT Fund(2016) $500,000 LIFT Fund Transfer(2017) $1,500,000 LIFT Fund(2018) $1,000,000 REET(2018) $60,000 Impact Fee Transfer $486,408 Regional Mobility Grant(King Co. 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COMMITTEE: Land-Use and Transportation MEETING DATE: February 4,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston, P.E., Senior Traffic Engineer DEPT: Public Works Attachments: Committee Memo dated February 4, 2019 Options Considered: 1) Authorize the Mayor to execute Task Order 2 with PSE to complete the LED streetlight conversion of approximately 320 decorative streetlights and any future task orders. 2) Do not authorize the Mayor to execute the task orders and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: !�k.*IaAhlv /ru 'J?IRECTOR APPROVAL: I I2S 111 tee Counci T Initial/Date InitiallDate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 19, 2019 City Council consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign and execute Task Order 2 and any future task orders with PSE." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 15 CITY OF FEDERAL WAY MEMORANDUM DATE: February 4,2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,Public Works Directo � Erik Preston,P.E., Senior Traffic Engineer SUBJECT: Conversion of PSE Decorative Street Lights to LED—Task Order 2 FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the transportation capital fund (306). In accordance with the approved budget this project is funded by a grant from the Washington State Department of Commerce in the amount of$350,000 and an interfund loan of$3,150,000.00. The interfund loan is projected to be paid back from the energy savings over a seven to ten (7-10) year period. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project will replace all existing streetlights throughout the City from the current High-Pressure Sodium (HPS) technology to the more efficient Light-Emitting Diode (LED) technology. LED streetlights use far less energy than UPS streetlights to produce the same lighting levels and also provide a higher quality light that improves color recognition. This conversion should produce significant energy savings while also improving public safety. The City will also acquire a control system for the City-owned and -maintained lights to improve maintenance operations by managing streetlight assets and implement dimming strategies. Such a system will allow City staff to respond immediately to streetlight outages and knockdowns without having to wait for a member of the public to notify staff of the outage. Project Scope and Costs The project will be done in two phases. The City-owned lights will be completed through Energy Savings Contracting (ESCO) which was awarded to Ameresco in 2017. The Puget Sound Energy (PSE) owned and maintained lights will be completed through a separate agreement with PSE. The estimated replacement costs are as follows: Estimated Estimated TOTAL Replacement Qty. Cost* City Owned & Maintained Cobra heads(incl. controls) 1,820 $2,080,000 City Owned & Maintained Decorative (incl. controls) 400 $480,000 PSE Owned & Maintained (Schedule 53)—cobra heads _ 2,400 $182,917 PSE Owned & Maintained (Schedule 53)—post top 320 $220,000 $2,962,917 *Includes design and construction engineering. 16 Land Use and Transportation Committee Master Lighting Services Agreement—Puget Sound Energy LED Street Light Conversion Project—Ph. 1 February 4,2019 Page 2 of 2 The following provides a brief synopsis of the progress on this project to date. Completed tasks: • Completed GIS inventory of all City-owned streetlights • Selected streetlight control system(ConnectWorks by CIMCON) • Selected a street light fixture (EATON cobra heads) and completed lighting level design. • Ordered street lights. • Finalize Master Lighting Services Agreement with PSE for PSE-owned street light conversion • Executed Task Order 1 for cobra head LED conversion. Ongoing tasks include: • Execute Task Order 2 with PSE for PSE-owned decorative streetlight conversion. • Finalize rebate agreement with PSE for City-owned street lights. • Construction/conversion to LED and control system installation Future Tasks include: • Purchase, and install control system • Construction/Conversion of cobra head and decorative streetlights PROJECT SCHEDULE Construction/Conversion to LED and Control System installation Ongoing Execute PSE Task Order 2 February 2019 Finish Construction/Conversion to LED (City-owned) May 2019 Finish Construction/Conversion to LED (PSE-owned) September 2019 PROJECT ESTIMATED EXPENDITURES: Design&Construction $3,000,000 Contingency $240,000 TOTAL PROJECT COSTS $3,240,000 AVAILABLE FUNDING: City Interfund Loan $3,150,000 Energy Efficiency Grant (State DOC) $350,000 TOTAL AVAILABLE BUDGET $3,500,000 Current Request Staff is requesting City Council to authorize the Mayor to execute Task Order 2 for PSE to complete the LED conversion of approximately 320 post top/decorative street lights and any future task orders. 17 Form of Street Lighting Order PROJECT NAME: Federal Way Phase 2 decorative lights Order#: 101117358 LOCATION: Throughout Federal Way STREET LIGHTING ORDER-SCHEDULE 53 This Street Lighting Order (this "Order"), dated February 19th, 2018, is made and entered into by and between PUGET SOUND ENERGY, INC. ("PSE") and City of Federal Way ("Customer") (each a "Party," and collectively the "Parties") under and pursuant to the terms of that certain Master Lighting Services Agreement No. 0047, dated January 15, 2019, between the Parties (the "Agreement"). This Order covers certain Lighting and Construction Services authorized by this Order and is, along with the associated Schedule, incorporated into and made a part of the Agreement. Unless specifically defined otherwise herein,terms used in this Order with initial letters capitalized have the meanings giventhem in the Agreement.The Parties agree as follows: ASSOCIATED SCHEDULE: This Order is also entered into between the Parties in accordance with PSE's Schedule 53, Electric Tariff G,and any future modifications of or changes to such Schedule as may be approved by the WUTC. LIGHTING SERVICES DESCRIPTION: The installation charge of the listed lighting units was estimated to be $163,313.85. Description. Convert (319) HPS decorative lighting to 35W T3 4K green Salems CONSTRUCTION SERVICES DESCRIPTION: With the customer's authorization, PSE will proceed with the change out of estimated (319) 100W HPS Post-Tops to 35W 4K T3 green GE Salem Post-Tops (136). This estimate is for Post-Top street lights only. Permitting and traffic control is not included in cost. Upon receipt of this signed agreement, PSE will field check to verify wattages and quantities. Changes in quantities are to be expected which will revise the cost and contracts for this project. This contract is based on Schedule 53 PSE owned and maintained Post-Tops only and does not include any cobrahead lighting or Acorn/Pendent mounted decorative lighting. If cobrahead lighting or Acorn/ Pendent mounted decorative lighting are found, this contract is subject to change. This project will be combined with Phase 1 'cobrahead lights and broken down to 100-150 lights per phase. BILLING: Billing under this Order will be in accordance with the terns and conditions contained in the terms & conditions of Schedule 53, Electric Tariff G, and the Agreement, and any future modifications of or changes to such Schedule as may be approved by the WUTC. 18 The basis of the monthly energy charge for the Lighting Services as currently constituted under Rate Schedule 53 is as follows: $10.66 per each 35W post-top street light For Construction Services and Costs, these costs will be billed as follows: Upon completion of the Construction Services, PSE shall provide the Customer with an invoice for the Construction Costs incurred by PSE. Customer shall remit payment to PSE for the Construction Costs within thirty(30) days of receiving the invoice. SERVICE TERM/REMOVAL AND SALVAGE COSTS: Service under this Order is effective for a minimum of twenty-five(25)years from the date of this Order (the "Base Term") unless earlier terminated as provided for in the Agreement. If this Order is terminated for any reason during the Base Term, the costs of removal or salvage of any Facilities associated with the Services will be allocated as set forth in Schedule 53. After the expiration of the Base Term, this Order shall continue on a year-to-year basis until terminated by either Party upon at least one (1) year's notice in writing(each, an"Extended Term")unless earlier terminated as provided for elsewhere in this Agreement. If this Order is terminated during any Extended Term, the Customer shall not be responsible for the costs of removal of any Facilities associated with the Services, or any costs associated with PSE's efforts to salvage the removed Facilities. ADDITIONAL TERMS: 1. To transfer the energy and maintenance monthly billing, the new billing party must contact PSE in writing. 2. Non-standard facilities are not kept in PSE inventory for the purpose of maintenance; therefore replacement of non-standard components may not be within the same time frame as replacement of standard components. If non-standard components are included in this Order, enter"X" here X. 3. The monthly billing party for the energy and maintenance will be: City of Federal Way This Order, executed by Customer's duly authorized representative as of the date first written above, is for the Lighting Services described above delivered under PSE's Schedule 53. Customer: By: nate: Print Name Title: 19 Company) Puget Sound Energy,Inc. By: Date: Title: C •.�, tv. c�sr�V Account Manager -3- 20 COUNCIL MEETING DATE: February 19, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION:AUTHORIZATION TO ACCEPT GRANT FUNDING FOR TRANSPORTATION IMPROVEMENT PROJECTS POLICY QUESTION: Should City Council authorize staff to accept state and federal grant funding for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 4,2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution/ ❑ Other STAFF REPORT BY: Rick Perez,P.E.,City Traffic E;nginccr {y DEPT: Public Works Attachments: Staff Report Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve the proposed resolution and provide direction to staff. MAYOR'S RECOMMEN 'ION: Option 1. MAYOR APPROVAL: /r DIRECTOR APPROVAL14 : C nmlttcc (tnrr Inrtral Cl:ttr InitiaUl}ate :dtrr!I)atr COMMITTEE RECOMMENDATION:I move to forward the proposed resolution to the February 19, 2019 consent agenda for approval. Mark Koppang,Committee Chair Jesse Joltnsoii, Committee Member llof tiig'I'ran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 21 CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: City Council VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,Public Works Director Rick Perez,P.E., City Traffic Engineer SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Projects FINANCIAL IMPACTS: The financial impact for each project awarded grant funding is described below. Horizontal Curve Warning Sims This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the adopted budget, this project is funded by grants, estimated at$519,700 and miscellaneous capital street fund transfers of$4,600. 47th Avenue SW @ SW Dash Point Road,(SR 509) This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the adopted budget, this project is funded by grants, estimated at $815,000 and miscellaneous capital street fund transfers of$15,000. C ltywldc Vatlilile Latae Use Control This project was included and is projected to be completed within the 2019/2020 proposed 306 (Street Capital Fund) budget. In accordance with the adopted budget, this project is funded by grants, estimated at$601,890 and transportation mitigation and impact fees of$150,473. Upon completion of these projects, ongoing costs associated with operations and maintenance will be performed and funded through streets and traffic maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2018 under the federal Highway Safety Improvement Program, distributed by Washington State Department of Transportation as City Safety grants. 22 February 4,2019 Land Use and Transportation Committee Authorization to Accept Grant Funding for Transportation Improvement Projects Page 2 Project (Funding Phase) Estimated Grant Fund Required City Year of Grant Project Cost Amount Match Expenditure Horizontal Curve Warning Signs* (Design and Construction) (WSDOT) City Safety - Citywide $524,300 $519,700 $4,600 2019-2020 Program Funding (Federal Funds) 47th Avenue SW @ SW Dash Point Rd(SR 509)Compact Roundabout* (Design and Construction) (WSDOT)City Safety- Spot $830,000 $815,000 $15,000 2019-2020 Improvement Program Funding (Federal Funds) Citywide Variable Lane Use Control (Design and Construction) 2019-2020 Accelerated Innovation Deployment $752,363 $601,890 $150,473 Program Funding (Federal Funds) * The required City match is dependent on requesting bids for construction by April 30,2021; otherwise the match increases to 10 percent of the estimated project cost. 23 RESOLUTION NO. A RESOLUTION of the City of Federal Way,Washington,authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation regarding improvements to Horizontal Curve Warning Signs, 47th Avenue SW at SW Dash Point Road (SR 509), and Citywide Variable Lane Use Control in the City of Federal Way,Washington. WHEREAS,the City of Federal Way applied for Citywide Safety funds from the Washington State Department of Transportation for the purpose of design and construction phases of Horizontal Curve Warning Signs, and 47th Avenue SW at SW Dash Point Road(SR 509)within the City; and WHEREAS,the Washington State Department of Transportation agreed to grant the City of Federal Way federal funds in the total amount of Five Hundred Nineteen Thousand Seven Hundred and no/100 Dollars ($519,700.00) for the Horizontal Curve Warning Signs Project, and Eight Hundred Fifteen Thousand and no/100 Dollars($815,000.00)for the 47th Avenue SW at SW Dash Point Road (SR 509) Project provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreements; and WHEREAS,the City of Federal Way applied for Accelerated Innovation Deployment funds from the Federal Highway Administration for the purpose of design and construction phases of Citywide Variable Lane Use Controls within the City; and WHEREAS, the Federal Highway Administration agreed to grant the City of Federal Way federal funds in the total amount of Six Hundred One Thousand Eight Hundred Ninety and no/100 Dollars ($601,890.00) for the Citywide Variable Lane Use Control Project provided that the City Resolution No. 19- Page I of 4 Rev 1/19 24 Council authorizes the Mayor to enter into the required Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept and receive the federal funds estimated to be Five Hundred Nineteen Thousand Seven Hundred and no/100 Dollars($519,700.00)for the Horizontal Curve Warning Signs Project, Eight Hundred Fifteen Thousand and no/100 Dollars($815,000.00)for the 47th Avenue SW at SW Dash Point Road (SR 509) Project, and Six Hundred One Thousand Eight Hundred Ninety and no/100 Dollars ($601,890.00) for the Citywide Variable Lane Use Control Project. Section 2.Execution of the Local AgencyAgreennents. The Mayor or his designee is hereby authorized to execute the Local Agency Agreements regarding improvements to Horizontal Curve Warning Signs, 47th Avenue SW at SW Dash Point Road (SR 509), and Citywide Variable Lane Use Control in the City of Federal Way, Washington and any other required documents. Section 3. Matching Fund;. Pursuant to the terms of the Local Agency Agreement,the City is required to commit matching funds of approximately Four Thousand Six Hundred and no/100 Dollars($4,600.00)for the Horizontal Curve Warning Signs Project,Fifteen Thousand and no/100 Dollars ($15,000.00) for the 47th Avenue SW at SW Dash Point Road (SR 509) Project, and One Hundred Fifty Thousand Four Hundred Seventy-Three and no/100 Dollars ($150,473). Resolution No. 19- Page 2 of 4 Rev 1/19 25 Sectiot14. Seve.rabi l ity.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Correctioiis. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Sect afi.6. Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 20_. [signature page follows] Resolution No. 19- Page 3 of 4 Rev 1/19 26 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- Page 4 of 4 Rev 1/19 27 This page left blank intentionally. 28 COUNCIL MEETING DATE: February 19, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 Planning Commission Work Program POLICY QUESTION: Should the City Council adopt the 2019 Planning Commission Work Program as outlined in the staff report? COMMITTEE: Land Use&Transportation Committee MEETING DATE: February 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret H. Clark,Principal Planner W"" DEPT: Community Development Attachment: Staff Report Options Considered: 1) Adopt the Mayor's recommendation as contained in the staff report; 2) Adopt the Mayor's recommendation as modified by the LUTC; or 3)Do not adopt the Mayor's recommendation. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the 2019 Planning Commission Work Program as outlined in the staff report. MAYOR APPROVAL: f � Al-ni5fia-Z-VDatc J DIRECTOR APPROVAL:_� Y c Hittt nitie`�[ l/Date InitiaWate COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the February 19, 2019, City Council Meetingfor approval. Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2019 Planning Commission Work Program as recommended by the Mayor." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# K:\2019 Planning Commission Work Program\LUTCWgenda Bill-Tina-doe 2 9 C37Y X11 Federal Way Centered on Oppottumty CITY OF FEDERAL WAY MEMORANDUM DATE: February 4,2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor Brian Davis,Community Development Di ector FROM: Robert Hansen,Planning Manager Margaret Clark,Principal Planner �t SUBJECT: 2019 Planning Commission Work Program A. FINANCIAL IMPACTS The proposed code amendments and comprehensive plan amendments will have no financial impacts on the city budget. Completion of the amendments is contingent on staffing resources. B. BACKGROUND The Planning Commission's Work Program is approved every year by the City Council. This staff report summarizes: • Housekeeping Items Planned for Completion in 2019 • Non-Housekeeping Items Planned for Completion in 2019 • Items Completed in 2018 ■ 2018 Comprehensive Plan Amendments • 2019 Comprehensive Plan Amendments C. HOUSEKEEPING ITEMS PLANNED FOR COMPLETION IN 2019 The following list of items include actions to be considered, but do not necessarily include all "housekeeping" items that may come before the Council. Item Status Existing code requires the city to issue a threshold determination pursuant to the State In Environmental Policy Act(SEPA)within 30 days of issuance of a Letter of Completion,with Process the option for a 30-day extension. This is not a requirement of cities planning under the Growth Management Act(GMA)and it is very difficult to meet the timelines. The purpose of a substantial development permit is to provide an approval process for any In development with a total cost or fair market value exceeding a certain dollar amount,which Process is recalculated every five years by the State Office of Financial Management(OFM).The existing substantial development dollar threshold in the code is $5,718,but it has been 30 Land Use and Transportation Committee 2019 Planning Commission Work Program Page 2 of 4 February 4,2019 Item Status increased to$7,047.The code needs to be amended to reflect the new dollar amount. The code does not differentiate between tracts created for public purposes,such as open In space or storm drainage retention tracts,and lots.The code needs to be amended in order to Process clarify that such public purpose tracts should not be counted as lots. There is no language in the code to require notification of adjacent property owners within In 300 feet of a short subdivision. Short plats were increased from five to nine lots in 2007, Process which increase could impact properties in the immediate vicinity.A related amendment would require applicants to post the site. Existing language requires the city to post the site. The current code requires two separate notices for an administrative variance. Only one is In necessary. Process Under current code,the director may permit a recreational vehicle(RV)to be used as a In temporary dwelling on a single-family residential lot where the primary dwelling unit is Process unsafe to occupy.This contradicts the Revised Code of Washington(RCW)35A.21.312 which prohibits jurisdictions from allowing RVs to be used as primary residential units unless a toilet and bath is available within the RV. The code needs to be amended to clarify that split zoning is not permitted as a result of a land In division, creation of a tract,or land use action,etc. Process In the Suburban Estates(SE)zone, stables require Process II review and raising animals In require Process I review.Raising animals should be permitted outright. Process Setbacks for schools are 50 feet for 50 or more students and 20 feet for less than 50 students In when abutting single-family zones.This language was adopted prior to the widespread use of Process portables and should be amended to require lesser setbacks than 50 feet. Funeral homes are allowed under a Process II and"maybe"a Process III in the use zone In charts.Language should be added to clarify that Process III is to be used when environmental Process review(SEPA)is triggered. Commercial day cares for 12 or fewer children require Process III and forl3-50 children In Process IV. There is no mention of family day cares,which normally are 12 or fewer Process attendees.The use zone charts need to clarify that family day cares are allowed outright if they meet certain criteria. The code should be amended to prohibit urban agriculture in the City-Center Core(C-CC), In City-Center Frame(C-CF), Office Park(OP),or Commercial Enterprise(CE),as that use is Process not complementary to those zones. D. NON-HOUSEKEEPING ITEMS PLANNED FOR COMPLETION IN 2019 Item Status Periodic Review of Shoreline Master Plan(SMP)to be completed by In Process. June 30,2019. Draft Gap Analysis completed. Open House January 30Ilk K:\2019 Planning Commission Work Program\LUTC\LUTC Memorandum-Tina.docx 31 Land Use and Transportation Committee 2019 Planning Commission Work Program Page 3 of 4 February 4,2019 Item Status Per the RCW,final plats can be approved administratively if the Not Started jurisdiction chooses this method. .......... Amend the language of the sign code to make it content neutral in In Process response to Reed v. Town of Gilbert,a United States Supreme Court Case. Based on this case,a jurisdiction may only regulate what types of signs are allowed,where they may be placed,and what size they can be. The critical areas code was updated in 2015 when the state changed its In Process(part of the SMP requirements for critical areas ordinances.The code needs to be amended Update) to comply with changes made by the Department of Ecology(DOE)since that time. Continue research and amendments to the code addressing housing In Process demand and provision of compatible and affordable housing development. Begin development of sub-area plans for the Sound Transit stations Not Started planned for Federal Way.These sub-area plans could include a Transit Oriented Development(TOD)element. E. ITEMS COMPLETED IN 2018 • 2017 Comprehensive Plan Update. • Amendment regarding review process for docket items to be considered over one year.An amendment was made to notify the Department of Commerce of proposed comprehensive plan amendments as soon as the Council directs staff to further review them,not after Planning Commission action. • Amendment to allow commercial wineries,distilleries, and breweries in the city. • Amendment to establish an historic preservation program and to request certification as a "Certified Local Government." ■ Amendment to permit"small cells"in the right-of-way. Adoption of design standards for self-storage facilities. • Adoption of an ordinance relating to Floodplain Development and Permitting Processes. F. 2018 COMPREHENSIVE PLAN AMENDMENTS • A legislative action initiated by the City Council for a comprehensive plan amendment and rezone of 26 parcels(56.06 acres)in the Milton Road area east of I-5 from Single Family Medium Density Residential(RS 35.0,one unit per 35,000 square feet)to Single Family High Density Residential(either to RS 7.2,one unit per 7,200 square feet or RS 5.0,one unit per 5,000 square feet). • A request from the City of Federal Way Public Works Department to allow for the realignment of the future extension of South 324` Street further south to connect with Weyerhaeuser Way South. KA2019 Planning Commission Work Program\LUTC\LUTC Memorandum-Tina.docx 32 Land Use and Transportation Committee 2019 Planning Commission Work Program Page 4 of 4 February 4,2019 The 2015 comprehensive plan shows the existing fiiture alignment of the South 324`h Street extension as extending over I-5 east to 32nd Avenue South. G. TIMELINE FOR THE 2018 COMPREHENSIVE PLAN AMENDMENTS • Planning Commission Study Session—February 6, 2019 • Planning Commission Public Hearing—February 20,2019 • Land Use&Transportation Committee Public Meeting—March 4, 2019 • City Council Public Meeting with I"Reading of Ordinance March 19, 2019 • City Council Public Meeting with 2nd Reading of Ordinance—April 2,2019 H. 2019 COMPREHENSIVE PLAN AMENDMENTS • Site-specific request from ESM to amend the conditions of comprehensive plan approval to remove the requirements for a Master Plan for Federal Way Village/Kitts Corner, 19 acres of vacant land located south of South 336th Street and west of Pacific Highway South. • Site-specific request from the Hynes group for a comprehensive plan amendment and rezone to change the designation of Belmor Mobile Home Park from Multi-Family(RM 3600)to City- Center Core(C-CC). Belmor Mobile Home Park is located south of The Commons on approximately 63 acres.As of April 1, 2018,there were 260 homes in the park. KA2019 Planning Commission Work Program\LUTC\LUTC Memorandum-Tina.docx 33 This page left blank intentionally. 34 COUNCIL MEETING DATE: February 19,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST TO ADD EMPLOYEE FUNDED BY SOUND TRANSIT POLICY QUESTION: Should the City of Federal Way develop a position to have an employee review development proposals, especially those related to the Sound Transit rail system within the City of Federal Way? COMMITTEE: Land Use and Transportation(LUTC) MEETING DATE: Feb. 4, 2019 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, Director DEPT: Community Development Attachments: Staff Report Request to Add Planning Employee funded by Sound Transit Options Considered: 1. Provide and fill a planning position within Community Development devoted to reviewing development proposals, especially those related to the Sound Transit rail system within the City of Federal Way. 2. Not provide the position. MAYOR'S RECOMMENDATION: Provide and fill a planning position within Community Development devoted to reviewing development proposals,especially those related to the Sound Transit rail system within the City of Fede Wa . MAYOR APPROVAL: fK DIRECTOR APPROVAL: , I/>q �Coluuemcil lnitiaUDate Ind I/Dat InitiaUx' COMMITTEE RECOMMENDATION: I move to forward to the February 19, 2019 consent agenda, approval to provide and fill a planning position within Community Development devoted to reviewing development proposals, especially those related to the Sound Transit rail system within the City of Federal Way. Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION:I move to approve the Consent Agenda (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 12/2017 RESOLUTION# 35 CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor Brian Davis, Community Development Director FROM: Tony Doucette, Sound Transit Liaison SUBJECT: Request to Add Employee Funded by Sound Transit I. FINANCIAL IMPACT The approval for an additional City employee will not cost the City any additional funds since the funds necessary to create the position will be provided by Sound Transit. This results in no financial impact upon the General Fund. H. BACKGROUND The City of Federal Way has been involved in the planning and development of transit rail and transit stations within the City for approximately the last ten years. Planning issues related to impacts upon future land uses and the City economy resulting from the facilities have been explored since its inception. While the Planning Division within the City's Department of Community Development was the City's lead during the Federal Way Link Extension(FWLE)EIS process and has provided some time to review proposals related to Federal Way transit issues, some of the time reimbursed by Sound Transit in the past few years,the planning workforce has been unable to provide adequate time for project review and completion of tasks related to the FWLE design process and Tacoma Dome Link Extension(TDLE) scoping effort. The time necessary to process the high numbers of other land use project proposals and to process unrelated and required long range tasks has prohibited time allocated for adequate Sound Transit review. Both FWLE and TDLE efforts require a considerable amount of time from a planner dedicated to land planning work since there are a number of land use issues that must be addressed throughout plan and project development. The City has agreements with Sound Transit for both the FWLE and TDLE to invoice the organization for planning activities related to the continued development of both projects within the City of Federal Way. With this,the City will be able to financially support a new position dedicated to the long range and current planning activities required for the continued development of Sound Transit projects in Federal Way. III. CONCLUSION A planner is needed on Federal Way staffs dedicated to reviewing land use impacts from transit development in the City,and to providing input for enhancing long-range economic and residential development resulting from light-rail transit.The person filling this position will work with the City's Sound Transit Liaison and report to the Community Development Director. Reimbursable funds for the position 36 are available from Sound Transit with an employee working on Sound Transit planning tasks without drawing additional,non-budgeted monies from General Funds. IV. MAYOR'S RECOMMENDATION AND LUTC OPTIONS The Mayor recommends approval to create a positon within the Community Development,Planning Division to conduct current and long-range planning activities related to the development of Sound Transit facilities within the City of Federal Way provided funds are available to the City from Sound Transit supporting the position. 37 This page left blank intentionally. 38 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UPDATE ON THE DEVELOPMENT AGREEMENT WITH SOUND TRANSIT FOR THE FEDERAL WAY LINK EXTENSION PROJECT. POLICY QUESTION:N/A COMMITTEE: Land Use and Transportation MEETING DATE: February 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF.REPORT BY: Tony Doucette,P.E., Sound Transit Liaison'� DEPT: Public Works Attachments: Staff Report Options Considered: N/A MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: aw,ljmftk C DIRECTOR APPROVAL: Cfommffw Cc until ImiiriVl);dc Initial/Date I n it is I/Date COMMITTEE RECOMMENDATION:N/A Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BYCITYCLER 'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 39 M CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director 4vy FROM: Tony Doucette, P.E., Sound Transit Liaison 0 SUBJECT: Update on the Development Agreement with Sound Transit for the Federal Way Link Extension BACKGROUND: The Federal Way Link Extension (FWLE) Project is part of the Sound Transit 2 and Sound Transit 3 Plans that were approved by voters in 2008 and 2016,respectively. Sound Transit is in the procurement phase of the FWLE Project that will connect the existing Angle Lake Light Rail Station to a new Federal Way Transit Center Station by 2024 with intermediate stops at Kent/Des Moines Road and S 272nd St. Improvements within Downtown Federal Way include a new station at the Federal Way Transit Center, constructing a parking garage to add approximately 400 spaces, and a new grid road layout between S 316th St, S 320th St, 21St Ave S, and 23rd Ave S. As part of the FWLE project, Sound Transit has requested two agreements with the City. One is a Development Agreement that will outline the roles, responsibilities, code requirements and deviations, permitting framework, design review approach and design standards for the project. The second is separate Transit Way Agreement that is essentially a Franchise Agreement and will allow construction, operation, and maintenance of a Light Rail Transit System on, under, and over property in which the City has and will retain an ownership interest, including of public rights-of-way. This update addresses the Development Agreement and separate LUTC and Council agenda bills will address the Transit Way Agreement. City staff have been negotiating the terms of the Development Agreement with Sound Transit for nearly two years. Staff recently reached agreement on the final terms of the agreement and are presenting this update to LUTC ahead of a public hearing and Council action on the agreement in late spring or early summer. Key elements to be included in the Development Agreement as part of the FWLE Project include: • Reconstructing 23rd Ave S from S 317th St to S 3201h St as a concrete roadway • Reconstructing S 317th St from 28th Ave S to 23rd Ave S as a concrete roadway • Constructing a new roundabout intersection at 23rd Ave S and S 317" St • Constructing pedestrian improvements between the proposed Federal Way Transit Center Station and the existing Park and Ride at the intersection of 23rd Ave S and S 324th St, east of the Commons Mall 40 February 4,2019 Land Use and Transportation Committee Update on the Development Agreement with Sound Transit For the Federal Way Link Extension Page 2 Expanding the City's Fiber Optic system capacity by providin a backbone along the full length of ffie Lisght RaiI Transit System alignment from S 272" St all the way to S 320th St Next steps for the Development Agreement include City and Sound Transit staff finalizing the agreement, scheduling a public hearing, and presenting the full terms of the agreement to both LUTC and Council. Staff anticipate the public hearing and Council presentations to occur in late spring or early summer. 41 This page left blank intentionally. 42 COUNCIL MEETING DATE: February 5,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: GRANTING THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY A TRANSIT WAY AGREEMENT POLICY QUESTION: Should the City Council grant the Central Puget Sound Regional Transit Authority(Sound Transit)a Transit Way Agreement for the Federal Way Link Extension Project to construct,maintain,and operate a Light Rail Transit System within and through the City of Federal Way? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 4, 2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tony Doucette,P.E., Sound Transit Liaison-r> DEPT: Public Works Attachments: Staff Report Ordinance Options Considered: 1. Recommend approving the Ordinance and holding the first reading at the February 5, 2019 City Council Meeting. 2. Recommend modifying the Ordinance and holding the first reading at the February 5, 2019 City Council Meeting. 3. Recommend rejecting the Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 to hold the first reading at the February 5, 2019 City Council Meeting. MAYOR APPROVAL: DIRECTOR APPROVAL: Comnvttee coulkil InitiaVDate hnhal0ate Initial/Date COMMITTEE RECOMMENDATION: I move to recommend granting Sound Transit a Transit Way Agreement for the Federal Way Link Extension Project and holding the First Reading of the Ordinance on February S, 2019. Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang"Fran. Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (FEBRUARY 5, 2019): "I move to forward approval of the Ordinance granting Sound Transit a Transit Way Agreement to the February 19, 2019 Council•Meeting for enactment." SECOND READING OF ORDINANCE (FEBRUARY 19, 2019): "I move approval of the proposed Ordinance granting Sound Transit a Transit Way Agreement." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 12/2017 RESOLUTION# 43 CITY OF FEDERAL WAY MEMORANDUM DATE: February 4,2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh, P.E., Public Works Director Tony Doucette, P.E., Sound Transit Liaison SUBJECT: Granting the Puget Sound Regional Transit Authority a Transit Way Agreement BACKGROUND: The Federal Way Link Extension(FWLE) Project is part of the Sound Transit 2 and Sound Transit 3 Plans that were approved by voters in 2008 and 2016, respectively. Sound Transit is in the procurement phase of the FWLE Project that will connect the existing Angle Lake Light Rail Station to a new Federal Way Transit Center Station hy 2024 with intermediate stops at Kent/Des Moines Road and S 272nd St. Improvemews within Downtown Federal Way include a ne\ st-,ition at the Federal Way Transit Center, constructing-a parking garage to add a l-)l?1-oximately 400 spaces, and a new grid road layOut 1) tween S 316th St, S 320`' St, 21St Ave S, uild �2 3 1 A\.c S. As part of the FWLE project, Sound Transit requested a Light Rail Transit Way Agreement with the City allowing construction, operation, and maintenance of a Light Rail Transit System on, under, and over property in which the City has and will retain an ownership interest, including of public rights-of-way. The Transit Way Agreement is essentially a Franchise Agreement and the City is negotiating a separate Development Agreement for the project that addresses land use, development requirements and improvements. The Development Agreement will likely be considered by the Council in late spring or early summer and will outline the roles, responsibilities, code requirements and deviations, permitting framework, design review approach and design standards for the project. The Transit Way Agreement for the FWLE will remain in effect for as long as the Light Rail Transit Way is used for public transportation purposes. The Agreement terms are consistent with the Cities of SeaTac, Des Moines and Kent, the three other municipal jurisdictions along the FWLE corridor. 44 ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,granting the Central Puget Sound Regional Transit Authority a Transit Way Agreement for the non-exclusive use of certain Public Rights-of-Way for a Light Rail Transit Way related to the Federal Way Link Extension Project. WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is a governmental entity created pursuant to Chapters 8 1.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties, including the right to construct and maintain facilities in public rights-of-way without a franchise; and WHEREAS, the City is a non-charter optional municipal code city incorporated under the laws of the State of Washington; and WHEREAS,the City owns and operates city streets,and other infrastructure improvements within the City boundaries where Sound Transit proposes certain transit improvements and light rail; and WHEREAS, the Growth Management Act encourages efficient multimodal transportation facilities such as the Federal Way Link Extension that are coordinated with local comprehensive plans, and requires the City to accommodate essential public facilities such as the Link Light Rail Transit Project; and WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and Central Puget Sound voters approved financing for, regional transit system plans known as Sound Move, ST2, and ST3; and Ordinance No. 19- Page 1 of 4 Rev 1/18 45 WHEREAS, these regional transit system plans include, among other projects,the Federal Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the City's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan goals,specifically by providing a regional high-capacity transit system in order to promote a compact urban center; develop land use patterns that will encourage less dependency on the single occupant automobile; and attract a regional market for high-quality office and retail uses, which increases employment opportunities,adds to the City's tax base,and establishes Federal Way's City Center as an economic leader in the South King County Region; and WHEREAS, Sound Transit and the Federal Transit Administration of the United States Department of Transportation("FTA")have jointly planned the Project pursuant to the National and State Environmental Policy Acts, and have completed environmental review with the Federal Way Link Extension Final Environmental Impact Statement issued on November 18, 2016 and FTA's Record of Decision issued on March 6,2017 and the Federal Highway Administration's Record of Decision, issued on March 9, 2017; and WHEREAS,on January 26,2017,the Sound Transit Board defined and selected the Federal Way Link Extension alignment,profile, stations, and associated infrastructure to be built between Angle Lake Station at South 200th Street and the Federal Way Transit Center in Resolution 2017-02; and WHEREAS, Sound Transit is intending to deliver the Project as a designibuild procurement and has been coordinating with the City in preparation for Project Design and Construction; and Ordinance No. 19- Page 2 of 4 Rev 1/18 46 WHEREAS, the City and Sound Transit intend to execute a Development Agreement in coordination with the Transit Way Agreement; and WHEREAS,the City and Sound Transit wish to enter into a Transit Way Agreement to grant Sound Transit the non-exclusive use of certain Public Rights-of-Way for a Light Rail Transit Way to accommodate the Federal Way Link Extension Project in the City with appropriate terms and conditions that will satisfy the FTA's continuing control requirements and the City's regulations pursuant to the Federal Way Revised Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Counci I ApL��al. The City Council approves the Transit Way Agreement with Sound Transit, attached as Exhibit A to this ordinance, and authorizes the Mayor to execute the agreement. Section 2. Scverahility.Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 19- Page 3 of 4 Rev 1/18 47 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Sectio ii 4. Reit i l is zt i oii.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date.This ordinance shall take effect and be in force five(5)days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 4 of 4 Rev 1/18 48 FINAL—For Execution AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT FOR GRANT OF NON-EXCLUSIVE USE OF CERTAIN PUBLIC RIGHTS-OF-WAY FOR A LIGHT RAIL TRANSIT WAY AS RELATED TO THE FEDERAL WAY LINK EXTENSION LIGHT RAIL TRANSIT PROJECT This AGREEMENT is entered into by and between the City of Federal Way (the "City") and the Central Puget Sound Regional Transit Authority ("Sound Transit") and is effective when signed by all parties. RECITALS WHEREAS, Sound Transit is a governmental entity created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties, including the right to construct and maintain facilities in Public Rights-of-Way without a franchise (RCW 81.112.100 and RCW 35.58.330); WHEREAS,the City is a non-charter optional municipal code city incorporated under the laws of the State of Washington; WHEREAS, the City owns and operates city streets, and other infrastructure improvements within the City boundaries where Sound Transit proposes certain transit improvements and light rail; WHEREAS, the Growth Management Act (Chapter 36.70A RCW) encourages efficient multimodal transportation facilities such as the Federal Way Link Extension (RCW 36.70A.020(3)) that are coordinated with local comprehensive plans, and requires the City to accommodate essential public facilities such as the Link Light Rail Transit Project (RCW 36.70A.200); WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and Central Puget Sound voters approved financing for, regional transit system plans known as Sound Move, ST2, and ST3; WHEREAS, these regional transit system plans include, among other projects, the Federal Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the City's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan goals, specifically by providing a regional high-capacity transit system in order to promote a compact urban center; develop land use patterns that will encourage less dependency on the single occupant automobile; and attract a regional market for high-quality office and retail uses, which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County Region; GA 0045-18 49 Page 1 FINAL—For Execution WHEREAS, Sound Transit and the Federal Transit Administration of the United States Department of Transportation ("FTA") have jointly planned the Project pursuant to the National and State Environmental Policy Acts, and have -completed environmental review with publication of the Federal Way Link Extension Final Environmental Impact Statement issued on November 18, 2016 and FTA's Record of Decision issued on March 6, 2017 and the Federal Highway Administration's Record of Decision, issued on March 9, 2017; WHEREAS, on January 26, 2017, the Sound Transit Board defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between Angle Lake Station at South 200th Street and the Federal Way Transit Center in Resolution 2017-02; WHEREAS, Sound Transit is intending to deliver the Project as a design/build procurement ("Design/Build") and has been coordinating with the City in preparation for Project Design and Construction; WHEREAS, the City and Sound Transit want to agree on a grant of a non-exclusive use of a Light Rail Transit Way for the Federal Way Link Extension Project in the City with appropriate terms and conditions that will satisfy the FTA's continuing control requirements; and WHEREAS, the City and Sound Transit intend to execute a Development Agreement in coordination with this Transit Way Agreement; NOW THEREFORE, in consideration of mutual promises and covenants herein contained related to the grant of a non-exclusive use of certain Public Rights-of-Way for a Light Rail Transit Way by the City to Sound Transit to construct, operate, maintain, and own a Light Rail Transit System in the City of Federal Way within and along the Light Rail Transit Way,the parties hereto agree to the terms and conditions as follows: SECTION I. DEFINITIONS For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities, whether persons or entities, refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations now in force or hereinafter enacted or amended. GA 0045-18 50 Page 2 FINAL—For Execution 1.1 Agreement. "Agreement" means this Light Rail Transit Way Agreement approved by appropriate action of the City of Federal Way and of Sound Transit. 1.2 Com. "City" means the City of Federal Way and any successor or assignee following an assignment that is permitted under this Agreement. 1.3 Director. "Director" means the Director of Public Works of the City of Federal Way. 1.4 Emergency. "Emergency" means, except as otherwise provided, a generally unexpected occurrence or set of circumstances that affects public safety or health demanding immediate action. 1.5 Final Construction Plans. "Final Construction Plans" means prints showing in detail, the proposed construction and specifications of the Light Rail Transit System including alignment drawings showing the exact limits of the Light Rail Transit Way. 1.6 Final Right-of-Way Plans. "Final Right-of-Way Plans" means prints having the proposed limits of the Light Rail Transit Way mathematically tied to existing City monumentation and the Washington State Coordinate System. 1.7 Liability. "Liability" means all loss, damages, cost, expense (including costs of investigation and attorney fees and expenses at arbitration, trial or appeal and without institution of arbitration or suit), liability, claims, and demands of whatever kind of. nature (including those arising under the Federal Employers Liability Act), arising out of an occurrence relating to this Agreement or occurring on or relating to the Light Rail Transit System described herein. 1.8 Light Rail Transit Facility. "Light Rail Transit Facility" means. a structure, rail track, equipment, maintenance base, or other improvement of a Light Rail Transit System, including but not limited to ventilation structures, traction power substations, signal bungalows, Light Rail Transit Stations and related passenger amenities, bus layover and inter-modal passenger transfer facilities, and station access facilities. 1.9 Light Rail Transit Station. "Light Rail Transit Station" means a Light Rail Transit Facility whether at grade, above grade or below grade that provides pedestrian access to Light Rail Transit System vehicles and facilitates transfer from light rail to other modes of transportation. A Light Rail Transit Station may include mechanical devices such as elevators and escalators to move passengers and may also include such passenger amenities as informational signage, seating, weather protection, fountains, or artwork. 1.10 Light Rail Transit System. "Light Rail Transit System" means a public rail transit line, including Light Rail Transit Facilities, all infrastructure (including light rail vehicles operating on the Light Rail Transit Way), passenger services and communication GA 0045-18 51 Page 3 FINAL—For Execution equipment, that operates at grade level, above grade level, or in a tunnel and that provides high-capacity, regional transit service owned or operated by a regional transit authority authorized under Chapter 81.112 RCW. A Light Rail Transit System may be designed to share a street right of way although it may also use a separate right of way. Commuter rail and low capacity, or excursion rail transit service are not included. 1.11 Light Rail Transit Way. "Light Rail Transit Way" means the areas within the Public Rights-of-Way occupied by Sound Transit for its Light Rail Transit System after construction pursuant to this Agreement, as shown on the record drawings of the Final Right-of-Way Plans approved by the Director and on file with the City Clerk. 1.12 Parties. "Parties" means the City of Federal Way and Sound Transit. 1.13 Passenger. "Passenger" means any person who is not an employee of Sound Transit, and who is aboard any Sound Transit Light Rail Transit System vehicle. 1.14 Public Rights-of-Way. "Public Rights-of-Way" means the areas above, below, on and over public streets and easements which, under the Federal Way Revised Code, the City ordinances, and applicable laws, the City has authority to grant Rights-of-Way, permits, or licenses for use thereof or has regulatory authority therefor. 1.15 Project. "Project" means the segments of the Light Rail Transit System in the City as described in Sound Transit Board Resolution 2017-02 and subsequent approved permits and agreements. 1.16 Record Drawings. "Record Drawings" means the neatly and legibly marked set of contract drawings, maintained by Sound Transit's Design-Build Contractor with up-to-date information, showing all changes in the work, including final locations of all items of work. 1.17 Routine Maintenance and Operation. "Routine Maintenance and Operation" means Sound Transit's maintenance and operation of the Light Rail Transit System that does not require blocking or detouring of traffic during non-emergencies. 1.18 Sound Transit. "Sound Transit" means the Central Puget Sound Regional Transit Authority, and any other entity to the extent such entity, as permitted under this Agreement, is exercising any rights to operate the Light Rail Transit System over any portion of the Light Rail Transit Way pursuant to a specific written grant of such rights by Sound Transit. 1.19 Third Party. "Third Party" means any person other than the City or an employee of the City, and any person other than Sound Transit or an employee of Sound Transit. 1.20 Track Access Permit. "Track Access Permit" means the process for track access, the management, scheduling, and authorization of access to employees, third parties, GA 0045-18 52 Page 4 FINAL—For Execution and contractors to perform work on, near, or adjacent to the Light Rail Transit System or any Sound Transit facility. (See Exhibit D—Track Access Procedures.) SECTION II. GRANT OF RIGHTS BY THE CITY 2.1 Grant of Non-Exclusive Use of a Light Rail Transit Way. The City grants to Sound Transit a non-exclusive use of portions of certain Public Rights-of-Way, the general location of which is described and depicted on Exhibits A and B hereto, to be known as a Light Rail Transit Way, to construct, operate, maintain, and own a Light Rail Transit System in, upon, above, beneath and along the Light Rail Transit Way in accordance with the terms and conditions of this Agreement. The Light Rail Transit Way shall be limited to the areas described generally in the plans and profile drawings contained in Exhibit C hereto and more fully described in the Final Right-of-Way Plans. The Director or designee and Sound Transit's Deputy Executive Director or designee of Design and Engineering shall, from time to time, jointly revise and modify Exhibit C to conform to the Final Construction Plans and the Final Right-of-Way Plans as long as the revisions are, in their judgment, within the scope and intent of Exhibit C. The Director is hereby expressly delegated the authority to revise and modify Exhibit C from time to time consistent with the terms of this paragraph. This grant shall take effect upon the filing with the City Clerk by the Director of approved Final Construction Plans and Final Right- of-Way Plans. Sound Transit expressly agrees that it will construct, operate, and maintain the Light Rail Transit System in compliance with this Agreement and all applicable City ordinances, state, and federal laws. Legal descriptions of the Light Rail Transit Way shall be produced after construction is substantially complete and furnished to the City along with Project Record Drawings. 2.2 Rights Limited to Light Rail Transit System. The non-exclusive use of a Light Rail Transit Way is granted solely for the purpose of construction, maintenance, operation, and ownership of the Light Rail Transit System detailed in the Issued for Construction Plans, and for no other purpose. Sound Transit intends, and shall have the right, to use the Light Rail Transit Way solely for Light Rail Transit System uses. Sound Transit agrees that it shall not, without the City's written consent, construct on or along the Light Rail Transit Way any additions to or expansions of the Light Rail Transit System subsequent to the construction done in accordance with the Issued for Construction Plans and with the Final Right-of-Way Plans. Notwithstanding the foregoing, nothing contained herein shall prevent Sound Transit from replacing Light Rail Transit Facilities or equipment existing after construction after first obtaining any necessary permits or other authorizations from the City. 2.3 Work Permitted in Light Rail Transit Way. Sound Transit understands and agrees that during the normal course of Light Rail Transit Way use, the City may engage in construction, maintenance, demolition, leasing, licensing, permitting, and similar activities that have the potential to cause interruption to the Light Rail Transit System. Sound Transit understands and agrees that such activities may be caused, from time to time, by reasons including but not limited to: (i) traffic conditions, (ii) public safety, (iii) GA 0045-18 53 Page 5 FINAL—For Execution construction of facilities which constitute permissible uses of the Public Right-of-Way, (iv) repair of Right-of-Way facilities (including resurfacing or widening), (v) change of grade to Right-of-Way, (vi) response to emergencies and natural disasters, and (vii) construction, installation, maintenance or repair of sewer drains, water pipes, power lines, signal lines, traffic control devices, tracks, communication systems, public works, public facilities or improvements, or any utilities. Except in the case of an Emergency, the City agrees that such activities, to the extent they are permitted or controlled by the City, shall not occur within the Light Rail Transit Way without written notice to Sound Transit. Any such activities done by or for the City shall be undertaken in a manner that minimizes, to the greatest extent possible, disruption to operation of the Light Rail Transit System. Before commencement of any non-routine work that will impact Sound Transit operations, the City will apply for, and direct all Third Parties to apply for, a Track Access Permit in accordance with Sound Transit's then current track access standard operating procedures (see Exhibit D), for which approval shall not be unreasonably withheld or delayed, taking into account the nature of the proposed entry. Typical routine maintenance work by the City and its contractors, including but not limited to street sweeping, de-icing, snow control, flood control, storm and sanitary sewer cleaning, landscaping, and water main flushing, will not be subject to the track access notifications or permit requirements so long as such work is not within the 10-foot radius surrounding the nearest rail. 2.4 Non-Exclusive Use. Sound Transit understands that the rights granted herein are non-exclusive. The City shall have the right to agree to other non-exclusive uses or occupancies of the Light Rail Transit Way. The City agrees that such uses or occupancies shall not unreasonably impair the ability of Sound Transit to operate the Light Rail Transit System. Sound Transit agrees that its non-exclusive rights shall not unreasonably impair the ability of other uses to exist and/or operate in the Public Rights-of-Way as permitted by the City. 2.5 Use Restricted. This Agreement does not authorize the provision of any services by Sound Transit other than the services strictly related to the operation of the Light Rail Transit System. Sound Transit's use of the Light Rail Transit Way for anything other than a Light Rail Transit System shall require written approval from the City. 2.6 Ownership. Sound Transit shall own all tracks and other Light Rail Transit Facilities on the Light Rail Transit Way, including, without limitation, improvements constructed at the cost and expense of Sound Transit that are not otherwise transferred to and accepted by the City. Nothing in this Agreement shall be construed as granting to Sound Transit any interest or right in the Light Rail Transit Way or the improvements on the Light Rail Transit Way other than the rights expressly provided herein. 2.7 No Rights by Implication. No rights shall pass to Sound Transit by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not include or be a substitute for the following: GA 0045-18 54 Page 6 FINAL—For Execution A. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; or R. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; or C. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Agreement. 2.8 Utilities Agreements. This Agreement shall not be read to diminish, or in any way affect, the authority of the City to control and charge for the use of the light, water, storm, solid waste, and wastewater utilities; therefore, if Sound Transit desires to use such utilities, it must obtain necessary agreements or consents for such uses, as may be required by the City, which agreements or consents shall not be unreasonably withheld. SECTION III. PERMITS 3.1 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i) secure and maintain in effect, all federal, state, and local permits and licenses required for the construction, operation, and maintenance of the Light Rail Transit System, including, without limitation, crossing, zoning, building, health, environmental, and communication permits and licenses, and (ii) indemnify the City against payment of the costs thereof and against any fines or penalties that may be levied for failure to procure, or to comply with, such permits or licenses, as well as any remedial costs incurred by the City in curing any such failures. 3.2 Non-Interference. The City shall not hinder Sound Transit's ability to secure, obtain, and maintain, at Sound Transit's sole cost and expense, any permits, licenses or approvals of other governmental agencies or authorities, or of any necessary Third Parties,for the use of any structures or facilities, including streets, roads, or utility poles not owned by the City. SECTION IV. CONSTRUCTION 4.1 Approval of Construction. Sound Transit shall obtain the approval of the Director for work in the Public Right-of-Way prior to any such work commencing. Final Construction plans must be accompanied by Final Right-of-Way Plans. Approval for construction shall consist of the issuance of a construction permit or permits by the Director for each project section or contract to be constructed by Sound Transit within the Public Rights-of-Way 4.2 Record Drawings. Within six (6) months of Sound Transit's acceptance of Design- Build Contractor Project completion, Sound Transit shall furnish to the City record _ GA 0045-18 55 Page 7 FINAL—For Execution drawings of the Final Construction Plans and Final Dight-of-Way Plan, including Record Drawings and associated electronic AUTOCAD and GIS files showing the as-built condition. Upon mutual agreement as to the types and number of drawings required, Sound Transit shall furnish to the City drawings sufficient to describe the project spatially in the Washington State Coordinate System. 4.3 Entry Upon Light Rail Transit Way. Sound Transit, its employees, and agents shall have the right, as defined and limited pursuant to Section V of this Agreement, to enter upon the Light Rail Transit Way for the purpose of constructing, operating, and maintaining the Light Rail Transit Facilities. 4.4 Temporary_Use of Public Rights-of-Way. During construction of the Light Rail Transit System, Sound Transit, with the prior written agreement of the City, and approval of any required permits, may fence portions of the Public Rights-of-Way for the temporary storage of construction equipment and materials, provided that such structures and fences (i) do not interfere with or disrupt in any way, other than ways approved in advance by the City, the ordinary use of the Public Right-of-Way; (ii) do not interfere with or disrupt in any way, other than in ways approved in advance by the City, the ordinary access to property on either side of the Public Rights-of-Way; (iii) are not used for construction worker parking; and (iv) do not unnecessarily limit the public's right to travel within the Public Right-of-Way. Sound Transit shall not store or temporarily place any goods, materials, or equipment (i) near a roadway, intersection, or crossing in such a manner as to interfere with the sight distance of persons approaching such crossing; or (ii) within such greater distance as prohibited by the City; provided, however, that fuel and other hazardous substances shall not be stored unless also approved by appropriate officials of South King County Fire & Rescue. 4.5 Utilities During Construction. The Parties recognize that the Light Rail Transit System is a public transportation improvement. Sound Transit will coordinate with all utilities to minimize utility relocation costs and related construction and will negotiate with non-City-owned utilities on utility relocation costs. Sound Transit shall fully indemnify the City for any claim and undertake the defense of any litigation directed at the City arising from the City's exercise of its authority to direct such relocation to accommodate the construction of the Light Rail Transit System. The City shall cooperate fully with Sound Transit in the defense of any such claim. Notwithstanding the foregoing, the parties agree that Sound Transit-shall pay for any and all costs for relocation or protection of City-owned utilities that the City determines is necessary due to construction, operation, or maintenance of the Light Rail Transit System. The Parties will enter into agreements for such relocations as the need arises. 4.6 Work Completed by Sound Transit. Sound Transit, at Sound Transit's sole cost and expense, will furnish all materials, parts, components, equipment, and structures necessary to construct and operate the Light Rail Transit System, or any part thereof, in accordance with this Agreement. Any and all work by Sound Transit or its contractor shall be done in a good and workman-like manner, in conformity with all applicable GA 0045-18 56 Page 8 FINAL—For Execution engineering, safety, and other statutes, laws, ordinances, regulations, rules, codes, orders, or specifications of any public body or authority having jurisdiction. 4.7 Installation. All facilities and installations must meet or exceed applicable specifications of the City and be in compliance with all existing federal, state, and local laws, ordinances, and regulations. 4.8 Track Support. During any work of any character by Sound Transit at locations of the Light Rail Transit Facilities, and in accordance with the Final Construction Plans, Sound Transit will support the tracks and roadbed of the Light Rail Transit System in such manner as is necessary for the safe operation of the Light Rail Transit System and ordinary use of the Public Rights-of-Way. 4.9 Imminent Danger. If, during construction, there is an Emergency or the Light Rail Transit System creates or is contributing to an imminent danger to health, safety, or property that Sound Transit is unable to immediately address, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the Light Rail Transit System without prior notice, and charge Sound Transit for costs incurred. The City shall provide notice of such Emergency or danger along with any actions taken to Sound Transit as soon as practicable, taking into consideration the nature and complexity of the Emergency or other imminent danger. 4.10 Accommodation of Moving Structures. Sound Transit shall, on the request of any Third Party holding a valid permit issued by a governmental authority and a Sound Transit Track Access permit, temporarily raise or lower its wires to permit the moving of buildings .or other objects. Sound Transit may require that the expense of such temporary removal or raising or lowering of wires be paid in advance by the Third Party requesting the same. 4.11 Information Regarding Ongoing Work. In addition to providing notice to the public of ongoing work as may be required under applicable law, Sound Transit shall develop a comprehensive project-specific communication plan in coordination with the City to establish and maintain effective communication with residents and businesses to allow them to be fully informed about potentially significant disruptions, such as temporary street closures, changes in transit service, and parking availability. As part of the plan, Sound Transit will work with community and neighborhood groups prior to and through the construction process to identify types of impacts that would occur and communicate mitigation activities to address such impacts. 4.12 Restoration of Public Rights-of-Way during Construction. Sound Transit shall promptly repair any and all Public Rights-of-Way or public property that is disturbed or damaged during the construction of its Light Rail Transit System to substantially the same condition, or in the case of street surfaces, better condition if reasonably necessary and within a mutually agreed-upon timeframe commensurate with the scope of repairs. In the event Sound Transit does not comply with the foregoing requirement, the City may, upon reasonable advance notice to Sound Transit, take the actions to GA 0045-18 57 Page 9 FINAL—For Execution restore the Public Rights-of-Way or public property at Sound Transit's sole cost and expense. 4.13 Federal Grant Conditions. Sound Transit's design and construction of the Project may become subject to a financial assistance agreement between Sound Transit and the Federal Transit Administration ("FTA"). Both parties recognize that changes to this Agreement may be necessary in order to comply with FTA funding requirements. SECTION V. ENTRY NOTICE 5.1 Access. Sound Transit, its employees and agents shall have access to the Public Rights-of-Way in connection with Sound Transit's construction, operation, and maintenance of the Light Rail Transit System as is reasonably necessary in accordance with this Agreement. However, except to the extent expressly provided in this Agreement, this right of access shall not be deemed to require the City to take any actions or expend any funds to enable such persons to exercise such rights of access, and provided further that such access may not interfere with or disrupt in any way, other than in ways approved in advance by the City,the use of the Light Rail Transit Way by the City or Third Parties. 5.2. Notice Prior to Initial Entry. During Project construction, Sound Transit shall give the City at least seventy-two (72) hours' written notice before initial entry upon any portion of the Public Rights-of-Way for construction purposes. 5.3 Entry after Project Construction. After construction, any entry by Sound Transit onto the Public Rights-of-Way that is not pursuant to the Routine Maintenance and Operation of the Light Rail Transit System or for purposes relating to an Emergency shall require (i) advance written notice from Sound Transit to the City not less than ten (10) days prior to Sound Transit's planned entry, with notice to specify the purpose of the entry; (ii) if entry involves any new connection or removal of any portion of the Light Rail Transit System, plans as required by direction of the Director showing in detail the proposed new construction, reconstruction, or removal; and (iii) approval by the City which approval shall not be unreasonably withheld or delayed, taking into account the nature of the proposed entry. Sound Transit shall obtain appropriate permits required by Section 6.2. 5.4 Entry for Routine Maintenance and Operation. During Routine Maintenance and Operation, Sound Transit personnel may enter the Public Rights-of-Way without notice to the City, as long as such entry is for the sole purpose of Routine Maintenance and Operation and provided Sound Transit has a current permit covering said activities. 5.5 Emergency Access. In the event of an Emergency that interrupts or significantly disrupts Operation of the Light Rail Transit System and for purposes of taking immediate corrective action, Sound Transit personnel may enter the Public Rights-of-Way without notice to the City, as long as such entry is for the sole purpose of addressing the GA 0045-18 58 Page 10 FINAL—For Execution Emergency; provided, however, that if any entry for such purposes is likely to require excavation of soil that would alter or disturb the Public Rights-of-Way or use of heavy machinery within fifty (50) feet of or upon the Public Rights-of-Way, Sound Transit shall give the City verbal or telephonic notice of the places where, and the manner in which, entry is required, prior to such entry, promptly followed by written notice. SECTION VI. OPERATION, MAINTENANCE, AND REPAIR IN STREETS AND RIGHTS-OF- WAY 6.1 Compliance with Laws, Rules, and Regulations. Sound Transit shall operate, maintain, and repair its Light Rail Transit System in compliance with all federal, state, and local laws, ordinances, departmental rules and regulations and practices affecting such system, which include, by way of example and not limitation, the obligation to operate, maintain, and repair in accordance with the City's Land Use Code and construction codes, and City street and utility standards. In addition, the operation, maintenance, and repair shall be performed in a manner consistent with industry standards. Sound Transit shall exercise reasonable care in the performance of all its activities and shall use industry-accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property. 6.2 Permits Required. Except in cases of emergency repairs, Sound Transit's operation, maintenance, or repair of its Light Rail Transit System shall not commence until all required permits have been properly applied for and obtained from the proper City officials and all required permits and associated fees paid, including, but not limited to, the cost of permit-application review and inspection. In case of emergency repairs, appropriate permits shall be applied for no later than the second business day following repairs. Sound Transit may obtain an annual maintenance blanket permit for non- emergency activities. 6.3 Level of Operation/Maintenance. All facilities shall be operated and maintained in such a manner as to minimize disruption to other users of the Public Rights-of-Way. All facilities shall be maintained in a state of good repair as defined by FTA in 49 C.F.R. 625. All graffiti on Sound Transit facilities located within Public Rights-of-Way shall be removed within seven days' notice to Sound Transit. 6.4 Appointment of Operator. Sound Transit may appoint an operator as Sound Transit's agent to exercise some or all of Sound Transit's rights under this Agreement, subject to the terms and conditions of this Agreement. 6.5 Regulatory Approvals. Sound Transit and its operator shall obtain and maintain all federal, state and/or local regulatory approvals as may be required for the operation of the Light Rail Transit System. Upon request, Sound Transit shall supply proof of such approvals and within a timeframe commensurate with the scope of the request. GA 0045-18 59 Page 11 FINAL—For Execution 6.6 Responsibility for Equipment. The City shall have no responsibility for inspecting, maintaining, servicing, or repairing any trains or other equipment used by Sound Transit as part of the Light Rail Transit System; however, all such equipment shall at all times comply with applicable federal, state, and local governmental requirements. 6.7 Prompt Repair. Sound Transit shall promptly repair and make passable any and all Public Rights-of-Way, public property, or private property that is disturbed or damaged during the operation, maintenance, or repair of its Light Rail Transit System. Sound Transit shall make repairs in Public Rights-of-Way within 30 days unless another mutually agreed-upon timeframe is established commensurate with the scope of repairs. In the event Sound Transit does not comply with the foregoing requirement, the City may, upon reasonable advance notice to Sound Transit, take the actions to restore the Public Rights-of-Way or public property at Sound Transit's sole cost and expense. 6.8 Imminent Danger. In the event of an Emergency, or where the Light Rail Transit System creates or is contributing to an imminent danger to health, safety or property, the City will immediately notify Sound Transit's Link Control Center ("LCC") at 206-205- 8177 or 911 to address the situation. 6.9 No at-Grade Crossings or Crossing Gates without Permission. Sound Transit shall not install any crossing gates or other traffic control devices without the written consent of the City. SECTION VII. FACILITY LOCATION SIGNS Sound Transit, at its sole cost, expense, and risk, shall secure permits, furnish, erect, and thereafter maintain signs showing the location of all Sound Transit facilities. Signs shall be in conformance with applicable codes. SECTION VIII.THIRD PARTY RIGHT-OF-WAY OWNERSHIP This Agreement is not intended to cover and does not cover any occupancies over (i) Rights-of-Way or other land owned solely or jointly by any other person or entity, or (ii) any rights granted to the City by Third Parties. SECTION IX. RELOCATIONS In the event the City desires relocation of any portion of the Light Rail Transit Facilities to accommodate a City public works or other project, undertaking, or activity, the City shall notify Sound Transit of such fact. When providing such notification, the City shall provide Sound Transit with copies of plans, specifications, or any other documentation that will assist Sound Transit in determining what, if any, impact City plans may have on GA 0045-18 60 Page 12 FINAL-For Execution the Light Rail Transit System. Subsequent to City notification of a desired relocation of any portion of the Light Rail Transit System, Sound Transit shall consult with the City to mutually determine the scope of the City's request, the actual impact on the Light Rail Transit System of the City's request, and how the Parties can work together in the mutual best interest of the public. SECTION X. LIABILITY, INDEMNIFICATION Sound Transit hereby agrees to indemnify, defend, and hold harmless the City from any and all claims, demands, suits, actions, damages, recoveries, judgments, and expenses, including, without limitation, reasonable attorneys' fees, paid by the City, and arising or growing out of, in connection with, or resulting from, either directly or indirectly, the construction, maintenance, operation, repair, removal, occupancy, and use of the Light Rail Transit System in the Light Rail Transit Way by Sound Transit, except to the extent such claims arise from the City's-sole or partial negligence. The City shall give Sound Transit prompt notice of any claims of which it is aware. Sound Transit shall promptly assume responsibility for the claim or undertake the defense of any litigation on behalf of the City. The City shall cooperate fully with Sound Transit in the defense of any claim to the extent such cooperation is not contrary to the interests of the City. The City shall not settle any claim without the prior written consent of Sound Transit, which consent shall not be unreasonably withheld. Sound Transit expressly assumes potential liability for actions brought by Sound Transit's employees and agents against the City and, solely for the purpose of this indemnification, expressly waives any immunity under the Industrial Insurance Law, Title 51 RCW. Sound Transit acknowledges that this waiver was entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. SECTION XI. INSURANCE Sound Transit shall maintain throughout the term of this Agreement, and for six (6) years after its termination, insurance adequate to protect the City against claims that may arise as a result of the construction, operation, or maintenance of the Light Rail Transit System in the Light Rail Transit Way, including, without limitation (i) comprehensive general liability insurance; (ii) property damage liability insurance, including coverage for explosion, collapse, and instability; (iii) workers' compensation insurance, to the extent required by law; (iv) employer's liability insurance; and (v) comprehensive auto liability coverage, including owned, hired, and non-owned vehicles. Sound Transit shall carry such insurance with responsible insurers or self-insure or participate in an insurance pool or pools at levels of coverage or with reserves adequate, in the reasonable judgment of Sound Transit, to protect Sound Transit and the City against loss, and as are ordinarily carried by municipal or privately-owned GA 0045-18 61 Page 13 FINAL— For Execution entities engaged in the operation of systems comparable to the Light Rail Transit System. Sound Transit shall require any contractors or subcontractors working on the Light Rail system within city limits to maintain insurance as noted herein and to name the City as an additional insured on their commercial general liability, auto liability, and environmental liability. Sound Transit shall require any professional services consultant, subconsultant, contractor or subcontractor working on the Light Rail System within City limits to carry appropriate levels of Professional Liability insurance coverage during the course of design, engineering, construction, and maintenance or Sound Transit may itself acquire such insurance or self-insure the work. Sound Transit shall file with the City's Risk Manager, on an annual basis, certificates of insurance reflecting evidence of the required insurance and naming the City as an additional insured where appropriate in amounts and types sufficient to satisfy its liabilities. The certificates shall contain a provision that coverage will not be canceled until at least thirty (30) days' prior written notice has been given to the City. If Sound Transit fails to maintain the required insurance, the City may order Sound Transit to stop constructing or operating the Light Rail Transit System in the Light Rail Transit Way until the required insurance is obtained, and upon receipt of such order, Sound Transit shall cease all operations. SECTION XII. LIENS 12.1 The Light Rail Transit Way and Light Rail Transit Facilities are not subject to a claim of lien. In the event that any City property becomes subject to any claims for mechanics, artisans, or materialmen liens, or other encumbrances chargeable to or through Sound Transit that Sound Transit does not contest in good faith, Sound Transit shall promptly, and in any event within thirty (30) days, cause such lien, claim, or encumbrance to be discharged or released of record (by payment, posting of bond, court deposit or other means), without cost to the City, and shall indemnify the City against all costs and expenses, including attorney fees, incurred in discharging and releasing such claim of lien or encumbrance. If any such claim or encumbrance is not so discharged and released, the City may pay or secure the release or discharge thereof at the expense of Sound Transit after first giving Sound Transit five (5) business days' advance notice of its intention to do so. The City shall use its reasonable best efforts to keep Sound Transit's facilities free of all liens that may adversely affect the Light Rail Transit System. 12.2 Nothing herein shall preclude Sound Transit's or the City's contest of a claim for lien or other encumbrance chargeable to or through Sound Transit or the City, or of a contract or action upon which the same arose. GA 0045-18 62 Page 14 FINAL—For Execution 12.3 Nothing in this Agreement shall be deemed to give, and the City expressly waives, any claim of ownership in and to any part or the whole of the Light Rail Transit Facilities except as may be otherwise provided herein. SECTION XIII.TERM;TERMINATION 13.1 This Agreement shall be effective as of the date the last party signs and, unless sooner terminated pursuant to the terms hereof, shall remain in effect for so long as the Light Rail Transit Way is used for public transportation purposes. 13.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute and deliver to the City all documentation necessary to evidence termination of this Agreement or portion thereof so terminated. No such termination, however, shall relieve the parties hereto of obligations accrued and unsatisfied at such termination. 13.3 Upon the cessation of use of the Light Rail Transit Way for the Light Rail Transit System, to the extent any portion of it remaining in the Public Rights-of-Way or on any other public property is not removed by Sound Transit, the City, as expressed by ordinance, may deem it abandoned and it shall become the property of the City. If the City does not desire such ownership, Sound Transit shall remove any remaining portion of the Light Rail System. 13.4 Sound Transit shall file a written removal plan with the City not later than sixty (60) calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the work that will be performed, the manner in which it will be performed, and a schedule for removal by location. The removal plan shall be subject to approval and regulation by the City. The affected property shall be restored to as good or better condition than existed immediately prior to removal. SECTION XIV. DISPUTE RESOLUTION; REMEDIES; ENFORCEMENT 14.1 Dispute Resolution. A. Any disputes or questions of interpretation of this Agreement that may arise between Sound Transit and the City shall be governed under the Dispute Resolution provisions in this Section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process. B. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. GA 0045-18 63 Page 15 FINAL—For Execution C. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good-faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (1) Level One - Sound Transit's Deputy Executive Director of Design, Engineering and Construction Management or Designee and the City's Project Liaison or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (2) Level Two - Sound Transit's Executive Director of Design, Engineering and Construction Management or Designee and the City's Public Works Director or Designee shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (3) Level Three - Sound Transit's Chief Executive Officer or Designee and the City Mayor or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. D. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute,the Parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 14.2 Notice of Default. Neither party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) calendar days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within thirty (30) days, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 14.3 Remedies. Either party hereto has the right to exercise any and all remedies available to it as provided by law consistent with the dispute resolution and notice of default sections of this Agreement, in the event the other party violates any provision of this Agreement. 14.4 Cumulative Remedies. In determining which remedy or remedies for a party's violation are appropriate, a court may take into consideration the nature and extent of the violation, the remedy needed to prevent such violations in the future, whether the party has a history of previous violations of the same or similar kind, and such other GA 0045-18 Page 16 64 FINAL— For Execution considerations as are appropriate under the circumstance. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. 14.5 Failure to Enforce. Neither party hereto shall be relieved of any of its obligations to comply promptly with any provision of this Agreement by reason of any failure of the other party to enforce prompt compliance, and one party's failure to enforce shall not constitute a waiver of rights or acquiescence in the other party's conduct. SECTION XV. COVENANTS AND WARRANTIES 15.1 By execution of this Agreement, the City warrants: A. That the City has full right and authority to enter into and perform this Agreement and any permits which may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of any law, regulation, or agreement by which it is bound, to which it is bound, or to which it is subject; it being understood, however, that the covenant and warranty contained in this Section does not constitute a warranty, expressed or implied, by the City, of the right or rights granted by the City to Sound Transit hereunder; and B. That the execution, delivery, and performance of this Agreement by the City has been duly authorized by all requisite corporate action, that the signatories for the City hereto are authorized to sign this Agreement, and that, upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Agreement. 15.2 By execution of this Agreement, Sound Transit warrants: . A. That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, any law, regulation or agreement by which it is bound or to which it is subject; and B. That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Agreement. SECTION XVI. RECORDINGS;TAXES AND OTHER CHARGES 16.1 Sound Transit shall pay all transfer taxes, documentary stamps, recording costs or fees, or any similar expense in connection with the recording or filing of any GA 0045-18 65 Page 17 FINAL—For Execution documents or records for which recording or filing is required pursuant to this Agreement. Sound Transit further agrees that if it is determined by any federal, state, or local governmental authority that the sale, acquisition, license, grant, transfer, or disposition of any part or portion of the Light Rail Transit Facilities or right herein described requires the payment of any tax, levy, excise, assessment, or charges, including without limitation, property, sales or use tax, under any statute, regulation or rule, Sound Transit shall pay these, plus any penalty and/or interest thereon, directly to said taxing authority and shall hold the City harmless therefrom. Sound Transit shall pay all taxes, levies, fees, excises, assessments, or charges, including any penalties and/or interest thereon, levied or assessed on the Light Rail Transit Facilities, or on account of their existence or use, including increases thereof attributable to such existence or use, and excluding taxes based on the income of the City, shall indemnify the City against payment thereof. Sound Transit shall have the right to claim, and the City shall reasonably cooperate with Sound Transit in the prosecution of any such claim, for refund, rebate, reduction, or abatement of such tax(es). 16.2 The City may pay any tax, levy, fee, excise, assessment or charge, plus any penalty and/or interest thereon, imposed upon Sound Transit for which Sound Transit is obligated pursuant to this Section if Sound Transit does not pay such tax, levy, excise, assessment, or charge when due. Sound Transit shall reimburse the City for any such payment made pursuant to the previous sentence, plus interest at the prime rate per annum, as published in the Wall Street Journal. SECTION XVII. ASSIGNABILITY; BENEFICIARY 17.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party; (ii) any governmental entity merger, consolidation or reorganization, whether voluntary or involuntary; (iii) a sublease or assignment of this Agreement, in part or in whole, to a governmental entity; or (iv) a sale, lease, or other conveyance by the City, subject to those requirements set forth in this Agreement; provided however, that no sublease or assignment under(ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining a Light Rail Transit System on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 17.2 Either party hereto may assign any monetary receivables due them under this Agreement; provided, however, such assignment shall not relieve the assignor of any of its rights or obligations under this Agreement. GA 0045-18 66 Page 18 FINAL—For Execution 17.3 Sound Transit acknowledges and agrees that the City may designate in writing a designee to (i) receive information, including information designated or identified as confidential, and notices under this Agreement, and (ii) provide certain approvals or consents required from the City under this Agreement. In the event of such designation, Sound Transit may rely on approvals or consents by such designee on behalf of the City as fully as if such actions were performed by the designator itself. 17.4 Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. SECTION XVIII. NOTICES 18.1 Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to (one copy each): Central Puget Sound Regional Transit Authority Attention: Deputy Executive Director DECM 401 South Jackson Street Seattle, WA 98104-2826 And to: City of Federal Way Attention: Public Works Director 33325 8th Ave S Federal Way, WA, 98003 SECTION XIX. MISCELLANEOUS 19.1 This Agreement shall survive delivery and/or recordation of each may be granted hereunder. 19.2 Each party shall be responsible for its own costs, including legal fees, in negotiating or finalizing this Agreement, unless otherwise agreed by the Parties. 19.3 Sound Transit shall not be deemed in default with the provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods, or other natural catastrophes beyond Sound Transit's control; the unforeseeable unavailability of labor or materials; labor stoppages or slowdowns; or power outages exceeding back-up power supplies. This Agreement shall not be revoked or Sound Transit penalized for such noncompliance, provided that Sound Transit takes immediate and diligent steps to return to compliance and to comply as soon as practicable under the circumstances without duly endangering the health, safety, and GA 0045-18 67 Page 19 FINAL—For Execution integrity of Sound Transit's employees or property, or health, safety, and integrity of the public, Public Rights-of-Way, public property, or private property. 19.4 This Agreement may be amended only by a written instrument executed by each of the parties hereto, save and except for revisions or modifications to Exhibit C as provided for in Section 2.1 herein. No failure to exercise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof except as expressly provided herein. 19.5 This Agreement constitutes the entire agreement of the parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, oral and written, understandings and agreement with respect hereto. 19.6 Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 19.7 This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 19.8 Each party shall be responsible for resolving, and shall be liable for, its own public records requests. SECTION XX. LEGAL FORUM This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. SECTION XXI. INTERPRETATION This Agreement is executed by all parties under current interpretations of applicable federal, state or local statute, ordinance, law, or regulation. SECTION XXII. SEVERABILITY In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. GA 0045-18 68 Page 20 FINAL—For Execution IN WITNESS WHEREOF, each of the parties hereto has executed this Light Rail Transit Way Agreement by having its authorized representative affix his/her name in the appropriate space below. SOUND TRANSIT CITY OF FEDERAL WAY By: By: Peter M. Rogoff, Chief Executive Officer Jim Ferrell, Mayor Date: Date: Authorized by Motion XX on XX Authorized by Ordinance No. Approved as to form: Approved as to form: By: By: Amy Jo Pearsall, J. Ryan Call Senior Legal Counsel City Attorney Exhibit A: General Description of Light Rail Alignment and Station Location(s) Exhibit B: Graphic Representation of Light Rail Alignment and Station Location(s) Exhibit C: Federal Way Link Extension Plans and Profiles Exhibit D: Track Access Procedures (November 15, 2015) GA 0045-18 69 Page 21 EXHIBIT A: GENERAL DESCRIPTIONS OF LIGHT RAIL ALIGNMENT AND STATION LOCATION City of Federal Way Transit Way Agreement 70 EXHIBIT A: GENERAL DESCRIPTION OF LIGHT RAIL ALIGNMENT AND STATION LOCATION General Description of Federal Way Link Extension Alignment and Station Location in Federal Way Route: Approximately 3.3 miles from the northern City limits on the south side of S 272nd Street in a combination of retained cut, retained fill, at-grade, and elevated structures to the existing 1-5 direct access roundabout on S 317th Street, and then elevated heading west on the south side of S 317th Street and then heading south on the west side of 23rd Ave S through the proposed Federal Way Transit Center Station,to approximately 400 feet south of S 320th Street. Station: Elevated south of the existing Federal Way Transit Center. 71 EXHIBIT B: LIGHT RAIL ALIGNMENT AND STATION LOCATIONS City of Federal Way Transit Way Agreement 72 M FVILE 14V451 Ir;ox,tWa.rnul Legend t: S 272nd Station Alignment At-Grade IIIIIIIIIIIIII Elevated • • *Trench Station Platform -City Boundary rr r-m WS DOT ROW Kent ~FederaE Way SEATAC a 3 C CO U 0 Y -o DES i` MOINES I KENT A _ O 1 (n 1 y � r U- t Zit 0 ;�. v 1 �, rn � a FEDERAL r WAYI i 17 S I j z 'r I � I Service Layer Credits.Souroa5Esn,HERE.DeLorme,Intennap,increment P Corp.,GEBCC,USGS,FAO, NPS,NRCAN.GeoBase.IGN,Kadasler NL.Ordnance Survey,Fsn Japan,MEII,Esn China(Hong Kong), EXHIBIT B-1 1 swisstopo,Mapmylndia,[3 CpenStroetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 73 Kaon i rtvcr rs pa9745 FiatlJVeorr sd Legend Alignment r At-Grade " IIIIIIIIIIIIII Elevated • • *Trench Ilk ^•—•-City Boundary Trrrrr WS DOT ROW " SEATAC n R t� DES - � � I MOINES ) 7, ty \ I, T 'c I KENT u w r_ f I= FEDERAL r WAY! I l `r Y . z g _, l 0, — 1 Service Layer Credits:Sources:Esn,HERE,DeLorme,Intermap,increment P Corp.,GEBCO,USGS,FAO. L1 p p NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esn Japan,MET1,Esn China(Hong Kong), EXHIBIT -2 svvisstopo,Mapmylndia,©OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 74 Legend Alignment iI �At-Grade - i IIIIIIIIIIIIII Elevated 1 • • *Trench City Boundary j TTT=WSDOT ROW � 1 SEATAC _I IL Bth.Pt 0 r;t d t fir.r,S 'fl _.l LL E DES — MOINES n , — l r. G h St , S Y s KENT st St / t I S• / r; I ` j F ;— 1 ro FEDERAL , WAY.[ I TI ,(Sri "� - _I•�.� '1 ty - I4 ,111•.1 ..._., Service Layer Credits:Sources:Esd,HERE,DeLorme,Iniermap,increment P Corp„GESCO.USGS,FAO, 4 NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esh Japan,ME r),Esn China(Hong Kong), EXHIBIT B-S sv isstopo,Mapmylndia,©OpenStreetMap contributors,and tbo GIS User community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 75 Legend i =Alignment 4 - 4 -At-Grade V t IIIIIf11111111 Elevated *Trench y !r,�� s; _._.-City Boundary WS DOT ROW Ca;,!eF�wy [it .1 a� {r SEATAC S 2urah Sl A � G I iv U) ,a ?y e v 'O MDES MOINES T r' e r U Y. �, KENT 1 cue � -t I I S 30) St FEDERAL 4VAY i - i `i m C7 GEsco,Uses.FAO. EXHIBIT B-4 Id,F 11 Esn China(Hong Kong), Se;v�,�-e LaYe'�G��tlits SW"AS rFNL,ordnance S�°by�G�9 User Community Light Rail Alignment and Station Locations NPS,NBCA' Geot3ase,IGN,�daeeetMlaP WnVibulors,and the City of Federal Way swsstop0.MapmOndia,© p Federal Way Link Extension A Fee 0 75 150 300 450 t 76 Legend Alignment _ At-Grade IIIIIIIIIIIIII Elevated J " • • *Trench —•—•-City Boundary M rrm=WS DOT ROW to LLL f SEA,TAC i r J I - - r DES — f MOINES 7 T L ' 0 V .� r4 1 'Y r 2 � LLENT P r s J �r A' 9th S' I ~ Iz k�DERL I z I ' Y ZZ th St r z u� - + --Tf'-i_�I 'tl Service Layer Credits:Sources:Esd,HERE,Delonne,Intermap,increment P Corp.,GEBCO,USGS,FAO, G NPS,NRCAN,GeoBase,(GN,Kadaster NL,Ordnance Survey,Esd Japan,ME-n,Esri China(Fong Kong), EXHIBIT B•5 swisstopo,Mapmylndia,©OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations A" I I f I I i City of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 77 J 08 I FMF Fh3 24914S I rr. OYs.--I f - Legend y,� + Alignment At-Grade I" ==i IIIIIIIIIIHII Elevated f j • • *Trench _ P — •—--City Boundary f rrrrrT WS DOT ROW i f f j SEATAC tI r / I ro 3 r~ DES 7 MOINES — U F U7 r ]C � r' t KENT !, l — I — i I Ir FEDERAL f— y st WAYI I 1 z t I � i I I / . t. A J Service Layer Credits:Sources:Esn,HERE,DeLorme,Interrnap,increment P Corp.,GEBCO,USGS,FAO, NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esd Japan,METI,Esh China(Hong Kong), EXHIBIT B-6 swisstopo,Mapmylndia,Q OpenStreelMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension 78 :L9�078 r-vet F f?h3?a97as i„rr v�, rd Legend Alignment At-Grade IIIIIIIIIIIIII Elevated • *Trench _Station Platform y, l �� ---•-City Boundary F� „Iv;ar rrrm WS DOT ROW r Rx NSI T �Fnipr SEATAC + rrrrr� DES MOINES r' 4 S 3191h PI r L KENT _— eta` � Federal Way e<ea 0 Transit Center Station f a a I tj -I I � j rte'.•.r:l ., � FEDERAL 17 � VJAYI j nui•rr - I Z - j i ki Service Layer Credits:Sources:Esn,HERE,DeLorme,Inlermap•incremanl PCarp-,GEBCO,USGS,FAO, _ NPS,NRCAN.GeoBase,IGN,Kadasler NL,Ordnance Survey,Esri Japan,METI,Esn China(Hong Kong), EXHIBIT B-7 swisstopo,Mapmylndia,©OpenStreetMap contributors,and She GIS user Community Light Rail Alignment and Station Locations A City of Federal Way 0 75 iso 300 450 Feet Federal Way Link Extension 79 EXHIBIT C: PLAN AND PROFILES City of Federal Way Transit Way Agreement 80 L UVN-S�l DMO 33S $ o loe9E N a z LL Z Z I I dxl'l3 es IV l`!d 9t'69E I l' 1 �a • t ' --- S Z y LLI 2 ZUa0 J ro Qc cN $Z / l6c 3 Z g N gigs 1 © �• j w slz6c LL o vil � 9Yr� • `/ ` t 19Z6E 99 c6 �I tveee / Ifs as.SL / `� •�, � 9l"56E rme ml 1 , / Jam{ , / ; I •�� '1tl.1913fU1 W see 99 We WMC • 777 l p If {20 '1l S�y1L 9t on 1 jjV- • 191 �tsngo I' nivrx 3sAgam l9En.aCLt � 7�'�"J3S ''�/' att�rrsnannarfi ry , I ■ SOS (i n { N I ' • W P• _ ''l i j z 91'l9r Nd0 WOO OZOC. .g! 1omwl U3091 1I t y I ■ z� sszor (n f r a +,RFVII I\ lreoo Q �y L ■ a ;� cl 99'rt.9Ci4 UH div arte��ctu+snrmi ( /I " Z mgas W • ■■ z 'i` 7 a i p O �• a$ _ �' v aoLn.nLct ,� S z r �vM,r w 1199.,, z U sLLJ ` $ jar rn •79L.L�t91B 1/b LL ? 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Q t 1 W U z rr, LL T U // z 200. - WdVM-W SM4 33S a w oro oomv»s-ro�zz�sasexww3s�xwxormm� 95 doll I wa ItE t-5MII EXHIBIT D: TRACK ACCESS PROCEDURES City of Federal Way Transit Way Agreement 96 s Kir Department'of of iIT SOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 1 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Approved: _ Date: - .. � Michae Avery, Manager, K etro Rail Section Approved: ..tea Date: Paul Denison, Director, Sound Transit Light Rail Operations 7 Approved: - .- _ Date: Tom Jones, Operations S erintendent, KC Metro Rail Section Approved: 4Date: (h'S' Marie Olson, Link Transportation Manager, Sound Transit Light Rail 1.0 PURPOSE To provide the process for managing track access to the Link Light Rail System right of way including the Downtown Seattle Transit Tunnel (DSTT) 2.0 DEFINITIONS Controller-The designated employee on duty in the Link Control Center (LCC) having authority over the entire Light Rail System, including all rail and bus movement in the DSTT. Downtown Seattle Transit Tunnel (DSTT)—The tunnel portion of the Link Light Rail System located in the Seattle Central Business District which has joint operations of buses and light rail trains. Employee In Charge (EIC)-The designated KCM employee, with a current KCM Light Rail EIC training certificate, that is in charge of a work group. The EIC shall be assisted by flaggers when necessary. KCM - King County Metro Link Control Center (LCC)-The primary location for controlling, monitoring and dispatching the entire Link Rail System including rail and bus operations in the DSTT. Also used to address the controller in charge of the rail system at any given time. 97 LIM Kir Department of Transportation T SOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 2 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Lockout and Tagout (LOTO)-A procedure for safely de-energizing a section of the OCS and/or TPSS to protect personnel working on or within 10 feet of the overhead. It requires the use of locks and tags, voltage testers, placement grounds, cables, strobes, cones, flags and signs. Overhead Contact System (OCS)-The overhead wires and equipment that distribute electric power from substations to light rail vehicles. Power and Facilities (P&F)-A work group of King County Metro responsible for trolley bus OCS and facilities maintenance including the DSTT. Power and Facilities authorization is required for any work planned in the DSTT. Red Tag—A red tag is used to lockout / tagout necessary systems when working within 10 feet of the OCS. A red tag for lock out / tagout may also be required for work on other elements of the system as designated by the KCM Rail Section Manager or designee. Right Of Way (ROW)—The area that extends 10 feet from the nearest rail and/or property dedicated to light rail operations. ST—Sound Transit Track Access — The management, scheduling, and authorization of access to employees and contractors to perform work on, near or adjacent to the right of way or any Sound Transit facilities. Track Access Coordinator—The individual designated by the KC Rail Manager or designee, responsible for the coordination and management of all work performed on the ROW by non-KCM personnel. Track Allocation Request/Work Permit Form—A document used by non-KCM personnel to request authorization to perform work on, near, or adjacent to the ROW. Once approved, the Track Allocation Request/Work Permit Form serves as written authorization to allow such work to be performed and restricted such work to specific areas and time periods. Herein referred to as permit requests or work permits once authorized. 98 L-9 Kir Department of Transportation V SOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 3 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Trackway— The area extending 10 feet from the nearest rail not designated for public use or separated from the rail by a permanent, fixed barrier. Work Plan —An outline of all tasks or tests associated with work related to permit requests, including but not limited to: Date range of planned work, list of participant names, individual roles and responsibilities, detailed work description, maps, tools/equipment listing, and safety plan. WP&S —Way, Power, and Signal VM— Vehicle Maintenance 3.0 REQUIREMENTS 3.1 All persons except for KCM Rail Section personnel and KCM Power & Facilities (P&F) personnel must have an approved work permit prior to performing work within the Link ROW. 3.2 In order to ensure the safety of personnel and equipment, and the safe movement of trains along the Link alignment and buses in the DSTT, access to the ROW must be planned and approved by the KCM Track Access Coordinator prior to the performance of any work by non-KCM personnel. 3.3 All permit requests must include a comprehensive description of planned work. Work plans are required to adequately describe the scope of planned work. Work that is scheduled to last more than one week must have a work plan with each permit request submittal. 3.4 If permit requests include work that may either require access to the trackway or impact service, contact the Link Track Access Office at least 15 business days (3 weeks) prior to the desired start of work. 3.5 The KCM Track Access Coordinator reserves the right to refer permit requests and/or work plans to the appropriate KCM or ST Subject Matter Expert for technical review as needed. 99 L-9 Kir Department of Transportation T SOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 4 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 3.6 Any work planned to occur in the DSTT must be coordinated with both the KCM Track Access Coordinator and the KCM Power and Facilities Department. Work permits must be issued by both offices prior to DSTT work taking place. 3.7 The Rail Manager or designee has final authority concerning the issuance of work permits. 3.8 Rail Operations reserves the right to cancel authorization to work in the ROW at any time. 3.9 In the event of an emergency that requires immediate action to safeguard persons or property, LCC may permit immediate access to the ROW as needed without a permit. 3.10 Primary contractors and subcontractors are required to obtain permits for their work. Subcontractors will not be allowed to work under the permit of the primary contractor/permit holder. 3.11 If a permit requires support from KCM WP&S, KCM Facilities, KCM Vehicle Maintenance, and/or KCM Operations, coordination in advance is required. For these permits, notification to appropriate support department(s) of intent to use or to cancel the permit is required both 24 hours and 1 hour in advance of the start time. Failure to make these notifications to KCM will result in cancellation of the permit. 3.12 Permitted work must adhere to all conditions of the permit including permitted time, location and other restrictions. Performing work not identified on the respective permit will result in an immediate suspension of the work and revocation of the permit. 3.13 LCC must be contacted to open the permit before any work begins. LCC must be contacted to close the permit once all work is complete and all workers and equipment are clear of the ROW. Notifications to LCC are required each time before entering or exiting the trackway during the permitted time period. When an EIC has been assigned to a work group, 100 k1a Kir Department of Transportation TSOUNDTRANSIT Metro L�MRail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 5 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES the work permit shall be opened and closed by the EIC only. Work permits not requiring an EIC may be opened and closed by the individual designated on the work permit. 3.14 All personnel who perform work within the ROW must have successfully completed the appropriate tier KCM ROW safety training course. 3.15 All persons working in the ROW must have their ROW card in their possession. 3.16 All persons in the ROW, whether Link employees or others, shall immediately follow all orders from the LCC unless it is unsafe to do so. 4.0 PROCEDURES 4.1 To obtain a Track Allocation Request/Work Permit Form, contact the Link Track Access Coordinator at LinkTrackAccessCDsoundtransit.orA. 4.2 The completed permit request must be submitted as a Word document to the Track Access Coordinator no later than Monday at 0800 for the Permit Week beginning the following Monday. The Permit Week begins each Monday morning at 0001 and ends the following Sunday at 2400. Note. Time sensitive work, as determined by KCM, that was not requested by the deadline may be approved at the discretion of the Track Access Coordinator. 4.3 Work plans shall be submitted with the Track Allocation Request/Work Permit Form. Note: Work plans involving SCADA systems must be approved by the Sound Transit IT SCADA Engineer and the KCM SCADA Chief prior to submitting a permit request. 4.4 Each Tuesday, the Track Access Coordinator shall meet with KCM Rail Department representatives to review permit requests and any 101 LIM Kir Department�ofTransportativn IiTSOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 6 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES associated work plans. Representatives from all Rail shall be given the opportunity to review permit requests and associated work plans. Support requirements, operational constraints and availability are determined at this meeting. 4.5 Permit requestor(s) or representatives must attend the Track Access Coordination meeting conducted at 1300 on Wednesdays at the Link Operations and Maintenance Facility (OMF) 3407 Airport Way South, Seattle, WA 98134.At this meeting, permit requestor(s) or representatives will meet with KCM and ST staff. The upcoming week's track access schedule will be reviewed and scheduling conflicts or questions concerning the work will be discussed. Note: If the permit requestor or assigned representative is not present at the meeting, the requested permit may not be approved at the discretion of the Track Access Coordinator. 4.6 Permits are subject to additional requirements as specified by KCM Rail Operations. 4.7 The Track Access Coordinator has final signature authority for issuance of all permits. 4.8 Following signature approval, a PDF file of the original permit will be sent to the requestor no later than the end of business Friday. 4.9 The Track Access Coordinator will produce and distribute a Track Access Report by the end of business on Friday. Report shall include all approved work permits. 4.10 Copies of all approved w o r k permits will be placed in the track access log book kept at the LCC. 4.11 The permit requestor, after receiving a copy of the completed and approved work permit, may plan the work per the instructions on the approved work permit. 102 x LN Cmi King ngment of Transportation W SOUNI)TRANSIT Metro Ligh€Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 7 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 4.12 A copy of the approved work permit must be in the possession of the work party at the worksite. Failure to produce a valid work permit upon request will result in removal of the work party from the ROW. 4.13 Once issued, the conditions on a work permit will not be revised. If changes to any conditions are needed, such as day, time, worker protections, etc. then the permit must be cancelled and a new permit issued. 5.0 RESPONSIBILITIES 5.1 LCC may grant special authorization to commence emergency work as needed without a work permit. 5.2 Permit Requestors 5.2.1 As required by KCM, permits requestors must have an approved work permit and associated work plan prior to commencement of work. 5.2.2 Permits are required regardless of the scope of work. A copy of the approved work permit must be in the possession of the work party at the worksite. Failure to produce a valid work permit upon request will result in removal of the work party from the ROW. 5.3 Employee in Charge (EIC) 5.3.1 The EIC shall open and close work permits with LCC. The EIC shall only close work permits after confirming that all personnel, equipment and material are clear of the ROW and that all systems have been restored to their normal state. 5.3.2 Conduct a job/safety briefing with the contractor and crew prior to the start of work 103 Kir Department'ofTransportation T SOUNDTRANSIT Metro Light Rail Section _ _ RIDE THE WAVE Standard Operating SOP 6.15 Page 8 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES 5.3.3 Suspend all work activities if any member of the contractor work crew is found to be in violation of the conditions of the contractor work permit(s) or does not have a valid permit onsite. 5.4 Link Control Center 5.4.1 Facilitate immediate access to the ROW in the event of an emergency. 5.4.2 Authorize access to the Link ROW to those performing routine maintenance if access does not unduly affect the safe, efficient movement of trains or buses. 5.4.3 Inform operators of workers and work parties entering and leaving the trackway. 5.4.4 Coordinate activities with those performing work to ensure minimal impact on train and bus movement as well as automobile and pedestrian traffic. 5.4.5 Coordinate non-routine activities and assist with sectionalization as required. 5.4.6 Suspend work permits if required to ensure the safety of people and/or property, or during major service interruptions where the need to restore service is critical. 5.4.7 Ensure all work activities being performed within the Link ROW are recorded in the Track Access Permit Log. The EIC for each permit, if applicable, should be included on this log. 5.5 Field Supervisors 5.5.1 Monitor and report ROW activity violations or unsafe conditions to LCC. 6.0 APPENDICES 104 LIM Kir Department'ofTransportation T SOUNDTRANSIT Metro Light Rai!Section RIDE THE WAVE Standard Operating SOP 6.15 Page 9 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appendix1: Track Access Request/Work Permit Form Appendix2: Track Allocation Work Plan Template 7.0 SUMMARY OF CHANGES Initial Issue-3/7/08 Revision1-4/3/09 Changed the signature block and minor text changes in the body of the document. Revised Track Access Request/Work Permit Form Revision2-6/27/13 • Updated Definitions section Updated Requirements section • Updated Procedures section Revision3-6/26/15 • Updated Definitions section • Updated Responsibility section Updated Procedures section • Updated Requirements section • Updated Appendix • Complete Revision 105 s Kir Department of Transportation VSOUNDTRANSIT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 10 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES A endix1: Track Allocation Request ! Work Permit Form k9 Klno Grngr p TRACK ALLOCATION REQUESTi WORK PERMIT FORM LCC 206 29SA177 Permlt#PLC-O,-- compan Narrr �tac,Ong vrla� e ..r s. p) ion sw WN I of Wait ia be Pert M-M acscl xa[rn d tYarlc NORTH I P WUTH O 7Z PROTECTMN REUMM 0#&W"T1 Ladwtft Taps M1 1CCM-•t Stas an SM Do EM0126 a OCi OC3 LO&OW Lade FLNgere RA+t-�SSgRE 3M �, •"� Enfpl7a TidCi rata Lnma1G atgvg LRV.�Ysa9J16 Dia TUM 1% wis by rage ar sm nVIM 3d tR eP 3 R%Parr 1 pry n wV t f`_4"cnV arty T-4 s 4r,,-� im watt Sri,IN i/roP?or 114,0M Chha%M SW rpan WrOOM d"OWIL IVC&SY3'..G$mm err MR(AY M 7 A Ores- -1 go lo db 6o Wy ratM n rw1 atan d Mperrrltt ty the LCC ar KC Matta L1gre qS.Operam Pasomel. RM taxi atl trMS130 We Nis ala teju`fi l"WAC14 tl 20 Pimm JW W,3"by IRM TITS Parnnl nixy be r^-%m at ay tare Rr naw.m d^tom S req r wars or a6 GWIM W,--A"Rr Im"a Iy or p7sana am e}upnem C"actara KIR taw-t-I—Marl DEL Kcal A FaWUN Qftt:let BWO TricCon Pawsir D%4:MaM Kk2mw Reabl hd Aamm OMar. x16 29o-1784 co,mma3-7492 a 2516-425-3677 00 205903.7722 VAIPW11920Mnn"an nam_ >:rs era At to 5**&n 2%255-7= CaPan Sir 7!{irlgil0.U 2VS=cs lfidaaf,f+�6saYQ s1t aro IC.AO/J►WORCMELOW Jo:,R=V--eV TTN*VW.MUL36M AWm" 13 e-aesl a .206-255-7M5 cis 206 9119 7718 pk 205-20-0,02 C19 27&903-7723 or Vr.M3s LWKgM mse sourbalsrLora K RWinsatillim Tan SNO 205 W3-75M W., 711 ' DQE; Oen Maaan:s74�7fiR2 aC. +r+<�*EhmaC7rG ?.gy -- IMPORT Permit must be available for review and an the work site at all 5mes. Dtsbral tr CftV.J-T..:s AC CES 7 C,4dL6'. Xr?!:,F GM-4 FW OCW 10 ""2-5 106 L.9 Kir Department'ofTransportation T SOUNDTRANSfT Metro Light Rail Section RIDE THE WAVE Standard Operating SOP 6.15 Page 11 of 11 Procedure Date of Issue: June 26, 2015 Revision: 3 TRACK ACCESS PROCEDURES Appendix2: Work Plan Template EXAMPLE TRACK ALLOCATION WORK PLAN PLue none nrri daounwrr u an a�ly aad Caa6 nnr eonavurro da onuy 7'FQ ar acaptatHr Hath pun. r?"uocumenr ouainai ura upm or tnmm;ancw,www cu au u"no to the qwr=and datrnruna SuPParrraq IROPOW, smrtuaracormw auuaWtyroraoauacy and WnWU M OfWW*Piarc Date: SUBMITTED BY(name and contact information): APPROVING AUTI40111TY FOR THI S WORK(Sound Tra ris it P roject Ma nage r or other Approving AuBwrity—name and contactinformatior#: DescriptionofWork. Proposed Work StartDate: Duration of Project(Ifa mu lfiple weekproj ec t what progress paint are you working in: -Give info by Week,example' wear 1 of4,etc.) Schematics B DrawirgsAttached(WN): Employees on site:(Give names ofall employees on site) ROW TrainingCornplete: (YfN,lndicatefor each employee): u STOF EQUPMENT: Materials: Vehicles. Staging locations: SUPPORT REQUIRED: Department EIC: Supportonly: Other: SAFETY PLAN: Safety Requirements: PPE. 107 This page left blank intentionally. 108 COUNCIL MEETING DATE: N/A ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REPORT ON PROGRESS ON AIRCRAFT ISSUES POLICY QUESTION: None COMMITTEE: Land Use and Transportation(LUTC) MEETING DATE: February 4, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other—Standing Report STAFF REPORT BY: Yarden F. Weidenfeld, Senior Policy Advisor DEPT: Mayor's Office Attachments: Staff Report and Attachments Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: —h Committee Council Initial/Date Initial[Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 109 CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2019 TO: Members of Land Use and Transportation Committee (LUTC) FROM: Yarden F. Weidenfeld, Senior Policy Advisor SUBJECT: Report on Progress on Aircraft Issues Financial Impacts: NONE Back round Information: On October 16, 2018, following the recommendation of the Land Use and Transportation Committee (LUTC), City Council unanimously adopted the Federal Way Mayor's Quiet and Healthy Skies Task Force Report in entirety, including all twenty-four (24) distinct recommendations. One of those recommendations was to"[form an Aviation Impacts Committee of the City Council to oversee implementation of the City's various policy actions and initiatives related to Sea-Tac existing operations and future growth."City Council decided to delegate this function to LUTC.Mayor Ferrell assigned me to give monthly reports as to progress on the recommendations and other aircraft related issues. This is the fourth of these reports. Developments: 1. Sea-Tac Airport Stakeholders Roundtable (StART) a. Aviation Noise Working Group The StART Aviation Noise Working Group met on January 14, 2019 and will meet again on February 11, 2019. I (Weidenfeld) am part of this working group, along with Federal Way community representatives Chris Hall and John Resing. While the group continues to work on the Fly Quiet Late Night Noise Limitation Program and the Updated Runway Use Plan, as described in the last report to the LUTC, the January meeting focused on the A320 Vortex and Glide Slope Analysis (as discussed in the last report) and on Utilization of Reverse Thrust/Airfield Noise Assessment. • A320 Vortex--As discussed at the last LUTC meeting, Port staff explained that certain Airbus aircraft (the A320 fleet) create a whistling noise between 7 and 30 110 Rev.7118 miles from landing,caused by a circular vent hole under the wing.Retrofitting,which can happen when aircraft receive heavy maintenance(typically every two years),can include addition of a specific part that can mitigate this whistling noise. It was explained that this could be encouraged through another category in the"Fly Quiet" Program and that the Port could write to airlines and ask them how many A320s they fly,how many have been properly retrofitted,plans to complete the retrofit,and cost for the retrofit. At the January 14, 2019 meeting,we received a draft of a letter that Port of Seattle Aviation Director Lance Lyttle intends to send to airlines. See Attachment One. • Glide Slope Analysis--As explained at the last LUTC meeting and as was initially pointed out by Federal Way Mayor's Quiet and Healthy Skies Task Force member and Federal Way StART representative Chris Hall,the glide slope for Runway 34R (a north flow runway whose arrival traffic goes over Federal Way)is at 2.75 degrees, instead of the national 3-degree standard with which the other Sea-Tac runways are in compliance. The working group was presented with three ways Sea-Tac Airport could adjust the 2.75 degree glide slope, as follows: o Alternative One: Permanently relocate glideslope antenna and Precision Approach Path Indicator(PAPI) (both equipment needed for traditional ILS approaches)and then adjust newer RNAV(satellite-based)procedures.This would take about four years and cost about $25 million. o Alternative Two: Temporarily relocated glideslope antenna, permanently relocate PAPI,and then adjust RNAV procedures.This would take about two years and cost about$2.5 million. o Alternative Three:Adjust RNAV procedures only for now and adjust glide slope antenna and PAPI when able. Adjusting just the RNAV procedures would take about two years at a negligible cost because no physical equipment would be involved.However,the maximum glide slope that could be achieved would be 2.95 degrees. Also, because there would be different glide slopes for RNAV versus ILS approaches, FAA support would be needed to understand the validity of this alternative. It was my impression from prior meetings that the Port intended to work with the FAA to determine the viability of Alternative Three. However, at the January meeting, Port of Seattle Airfield/Airspace Planner Robert Tykoski expressed a preference for Alternative One. I had intended to express a preference for this alternative in any case because the Port has apparently long sought a waiver of the normal 3-degree requirements in the interests of aviation commerce,stating it lacked the time and money to change the 2.75-degree glide slope,so it is long past time for a permanent change.Tykoski stated that this alternative aligns with everyone's desires and that it very well could actually be the quickest option since it is within the Port's control, while the other alternatives depend on outside agencies such as the FAA. Also, the glide slope could only be increased to a maximum of 2.95 degrees under 111 Rev.7/18 Alternative Three.The Alaska Airlines representative said that Alaska would not like Alternative 2, since it would end up meaning two moves of the glide slope antenna. Finally,Tykoski noted that the Port will have to move the glide slope antenna and the PAPI anyway to make room for a taxiway planned under the Sustainable Airport Master Plan (SAMP) (though Des Moines community representative Sheila Brush has adamantly stated that this issue is and must be separate from the SAMP). Furthermore, as noted at the last LUTC meeting, Chris Hall has long advocated an increase in all glide slopes beyond three degrees. Tykoski indicated the Port's willingness to look at raising the glide slope to 3.1 degrees(but only for Runway 34 R, the one now at 2.75 degrees). Tykoski explained that Sea-Tac is a Category 2-3 airport with high precision runways,and a 3.2-degree glide slope is only possible at a Category 1 airport. However, a 3.1 degree glide slope is possible at Category 2-3 airports.He,said that Cleveland and Newark,the only two American airports that use a 3.1-degree glide slope, are Category 2-3 airports. The Alaska Airlines representative stated that he had no concern with the 3.1 degree glide slope. Chris Hall stated that this initiative is important to pursue, since the lower glide slope is less efficient and therefore does not make sense.Going to 3.1 degrees would also,Hall stated, create the important precedent that we could go to a non-standard (higher) glide slope to mitigate noise. See Attachment Two for a table showing the difference in height with various glide slopes and at various distances from the airport. + Utilization of Reverse Thrust/Airfield Noise Assessment-Presentations on reverse thrust and other general airfield noise assessment were given by StART Consultant Vince Mestre, Delta Airlines Chief Pilot Tom Eckert, and Alaska Airlines Air Traffic/Airspace Operations Director Steve Osterdahl. StART members also made comments. o Reverse Thrust—It was explained that reverse thrust is safe to use with a wet runway and that there is no operational difference using reverse thrust between a wet or dry runway. So there is a high incentive to use it. In fact, some companies require its use if operational, and some airports with short runways require reverse thrust ability. However,in Europe,the rules tend to discourage the use of reverse thrust. Some American airports also discourage its use.For instance,Chicago and San Diego request minimum use ofreverse thrust for safety. In Sea-Tac; the current Night-Time Flight Operations Manual states that pilots for arrivals between 10:00 PM and 7:00 AM, operators should "use idle reverse if possible." This language suggests that idle reverse be used with a dry runway,a long runway,a light load,when auto banking is operational,and in some other cases. It was pointed out,however, by Sheila Brush, that the third runway,used almost exclusively for arrivals, was built short. Operators would actually prefer landing on the first runway. It was suggested that the Sea-Tac language is ambiguous, and it would be 112 Rev.7/18 C7 better to use the language used in Chicago and San Diego requesting the minimum use of reverse thrust for safety. o Taxi Noise—The 737 taxis at 18-25 percent thrust,but a thrust of 40 percent is required to break to a roll from a dead stop. Average taxiing times are increasing during heavy volume times. In the previous two weeks, the average taxi time was 12 minutes 14 seconds. A significant factor is the need to stop for runway crossings. More stops mean more noise and is inefficient. It was stated that this causes more noise than reverse thrust, since a 40 percent thrust is required to start moving from a stop, and more if the Tower orders the operator to expedite.Any change in thrust causes a big change in noise. There is, for instance, a ten-time difference in noise between 20 percent and 40 percent thrust.We were shown a"procedural end around"the current taxi configuration, where planes could avoid crossing runways and thereby minimize the extra thrust needed. Chicago has instituted this procedure so there is no incursion on runways,but if done here, it would be the first time for efficiency and noise. o Next Gen--Mestre noted that part of Next Gen is software that would enable the entire route,from departure gate to arrival gate,to be done unobstructed, minimizing queing and alleviating delays. Sea-Tac is slated to receive this software, but we are low on the list since we do not have the space to hold aircraft. We will not get it until there is additional space to hold airplanes. o Landing Gear—Chris Hall noted that it would make a huge difference in his neighborhood (Marine Hills in Federal Way) if operators would put their landing gear down later. o Hush House—Sheila Brush noted that, contrary to what some people have said, we would not want a"hush house"here, since that would increase the amount of major maintenance done at Sea-Tac. Currently,according to Port of Seattle Noise Programs Manager Stan Shepherd,we have five maintenance run-ups per week (i.e., less than one per day), significantly less than in the past. But some people misinterpret what they are hearing as run-ups. o Ground Noise Study—Port of Seattle Community Relations Manager Marco Milanese noted that a ground noise study is in the works by the Port,and that may help identify noise sources, including reverse thrust and other areas. b. Federal Policy Working Group A new working group on federal policy has been formed. Federal Way community representative Chris Hall has joined. I have at this point declined to join since the inaugural meeting conflicts with this LUTC meeting. See Attachment Three for the initial meeting agenda. 113 Rev.7/18 c. Full StART Meeting The next full StART meeting will be held on February 27, 2019. 2. Department of Commerce Airport Community Local Impacts Study The advisory committee for the Local Community Impacts study met on January 14, 2019. Former Quiet and Healthy Skies Task Force member David Berger and I (Weidenfeld) were there for Federal Way. We spent the meeting going over the Draft Request for Proposals (RFP) and suggesting edits. The current schedule has the RFP published by January 31,proposals due by March 15, and work commenced by May 1, 2019. One concern raised at the meeting related to the Department of Commerce's intent to allocate one-quarter of the $600,000 total budget($150,000) to its own administrative expenses. Department of Commerce Growth Management Services Western Region Manager Ike Nwankwo stated that an administrative cost like this is standard and applies not only to staff but also to overhead. The Advisory Committee strongly objected, as the six cities contributing to funding the study should not be subsidizing the Department of Commerce. Department of Commerce Growth Management Services Senior Planner Gary Idleburg, who is managing this project for Commerce,promised to discuss further with their financing people. On January 23, Idleburg sent a revised final RFP draft, in which Commerce had reduced its share to $100,000, or 16.67 percent. See Attachment Four. Further discussions on this issue are ongoing. The next meeting of the Advisory Committee will be on February 11, 2019. 3. Highline Forum The Highline Forum met on January 23, 2019 in the City of Burien. City Councilmember Lydia Assefa-Dawson and I were there for the City of Federal Way. The agenda included: A. Update on StART from Port of Seattle Noise Program Manager Stan Shepherd B. Host City Update from the City of Burien—The City of Burien Airport Committee proposed three resolutions to be considered by City Council on Monday, January 28, 2019, as follows: • Resolution 406 (Attachment Five) addressing growth and safety at Sea-Tac Airport: o Requests that the Port of Seattle not build any more infrastructure(such as 114 Rev.7/18 what is proposed in the Sustainable Airport Master Plan(SAMP))until completion of the Puget Sound Regional Council (PSRC) and Department of Commerce studies o Requests that the State Legislature identify and begin developing additional sites in Western Washington to accommodate air travel and air cargo • Resolution 407 (Attachment Six) concerning noise pollution generated by Sea- Tac Airport o Requests that the State Legislature amend RCW 53.54, as follows: • Repeal RCW 53.54.020 (on the initiation of aircraft noise abatement/mitigation programs) and add language requiring the airport to initiate a new Part 150 noise compatibility study immediately and whenever future airport projections are exceeded by ten percent, "including accurate monitoring of noise and emissions to lead to effective and aggressive mitigation." [Note— The last Part 150 study was completed in 2014.] • Repeal RCW 53.54.030(3), requiring a homeowner receiving soundproofing to "waive[] damages and convey[] an easement for the operation of aircraft, and for noise and noise associated conditions therewith, to the port district." ■ Repeal RCW 53.54.030(5) limiting homeowners to only one-time mitigation • [Note—RCW 53.54 is also the subject of legislation being proposed by Rep. Pellicciotti and supported by the City of Federal Way that would enlarge the distance from a runway within which port districts are authorized to operate airport noise abatement programs from six to twelve miles. This legislation could conflict with what is being proposed by the City of Burien.] o Requests that Washington's Congressional delegation amend federal law to • Change the DNL metric for noise measurement consistent with World Health Organization(WHO) standards AND ■ Amend the Aviation Environmental Design Tool (AEDT)to consider additional decibels resulting when noise is over water o Requests that the Port "aggressively seek noise mitigation funding to 115 Rev.7/18 mitigate impacts from increased Airport operations and their impacts on qualified residences in the City." ■ Resolution 408 (Attachment Seven)requiring monitoring and health impact assessments of Sea-Tac Airport Operations by requesting that the Washington State legislature: o Direct Puget Sound Clean Air Agency(PSCAA), Washington State Department of Ecology(DOE), and United States Environmental Protection Agency(EPA) "to delineate the Airport airshed within which environmental and health impacts will be assessed." o Mandate the establishment and continuous operation of air quality monitors within one to three miles of the Airport's airshed boundary o Fund a cumulative risk assessment of emissions and noise by PSCAA or DOE o Fund a Community Health Impact Assessment(CHIA)within the airport airshed by Washington State Department of Health(DOH) or a research institution o Require DOH "to perform health and safety inspections at schools within Airport communities to ensure that State standards for air and noise quality are not exceeded." C. Update on the University of Washington Ultra-Fine Particle Study from University of Washington Professors Edmund Seto and Tim Larson This study will assess the concentrations of ultra-fine particles (UFPs) in areas surrounding and directly impacted by air traffic and will distinguish between and compare concentrations of aircraft-related and other sources of UFPs. Samples have been collected from Beacon Hill to Federal Way with mobile monitoring between noon and 5:00 PM along I-5 (north-south) and along various "transects" on east-west streets across flight paths. Pursuant to a public comment received, stationary sites at 10th&Weller, Maywood, Seatac Community Center, and NOAA-Sand Point were also used to take measurements during the night-time. I-5 shows a high level of UFPs,but this is typical for freeways due to road traffic. Methodologies are being worked out to distinguish between aircraft-based and road-based sources of UFPs. One parameter being measured is the relative size of UFPs, i.e. the very smallest"ultra-ultra" fine particles, which may be from aircraft, versus "larger"UFPs, which may be from road traffic. It appears that while the freeway(I-5)has a higher concentration of UFPs as a whole than the"transects,"the levels are more equal when looking at the very smallest particles. Also, I-5 shows a high concentration of UFPs in 116 Rev.7/18 general, regardless of wind direction, but when looking at the very smallest particles, the high areas on I-5 align with the areas along the "transects". Other parameters being measured include the levels of black carbon and of CO2. Black carbon and CO2 may signify roadway UFPs Both black carbon and CO2 levels are higher on freeways. The next steps include repeating analyses on the full data set(including data from the fall and winter), analyzing the fixed site data, and estimating the daily emission rates for roadways and airports. The report is due on December 1, 2019. D. Miscellaneous In public comment, Des Moines community activist Steve Edmiston noted the need for a new regional airport and urged the Port to support this. • At the end of the meeting, Burien City Manager Brian Wilson urged the Port to re- join the Advisory Committee for the Department of Commerce Local Impact Study. This created a little bit of controversy because initially, the Port's participation in this Advisory Committee was a cause of concern for community activists, especially since community people were initially not a part of the Advisory Committee(though they are part of it now since it was restructured in September). Port staff stated that since the study is not structured in the way that the Port had wanted, they cannot participate. (The Port and the City of Seatac had agreed to changes in the budget proviso funding the study,but these changes were inadvertently not included in the actual language passed by the Legislature.) Commissioner Felleman said that he would take a look at this issue. The next Highline Forum meeting is scheduled for Wednesday,March 27, 2019,from 2:30 PM to 4:30 PM,here in Federal Way City Council Chambers.At that meeting, there will be an update on the Sustainable Airport Master Plan (SAMP). E. Port of Seattle Commission The January 22,2019 Port Commission meeting included an agenda item on the Sea- Tac Airport Stakeholders Roundtable(StART). In addition to a general report by Port staff, all StART participants were given a chance to make a brief statement.I attended for Federal Way, offering our thanks to Port officials for making StART a reality and expressing our support for the mission of StART to work on solutions for community problems.At the same time,I emphasized the importance of StART as a forum for frustrated members of the public to be able to publicly explain their severe frustration to airport leadership,FAA,and airlines. I also endorsed the statement of Port of Seattle Aviation Director Lance Lyttle that incremental progress is better than none but also expressed the frustration of members of the public with the slow pace and limited nature of change and the hope that in the near future,if incremental changes prove unhelpful, we could look at more robust measures, such as (for 117 Rev.7/18 example) a Part 161 application to the FAA requesting the ability to impose a mandatory night-time curfew and/or major changes to federal law. A video of the January 22, 2019 meeting can be found here: lit tps :Vincei.1Clgs.portscaCtIc,oi'gjg(Jex.j711(]?opt 1014_ [11 I11CC611L,Sc�.V11 4L`IIIect111''c ItctIIid—3 S,S&-IdI=i 822&active -pIa%The section on StART begins at minute 1:29:39.My presentation starts at 2:18:48. At the next Port Commission meeting on February 12, 2019, a summary of scoping comments on the Sustainable Airport Master Plan(SAMP)will be presented. F. Miscellaneous In cooperation with Chris Hall, I am looking into how certain communities were able to get legislation passed or,in the case of Metropolitan Airports Commission(MAC) in Minneapolis, got as the result of litigation the ability to use airport funds for noise mitigation in an area outside the 65 DNL contour, normally absolutely prohibited. This is important for Federal Way,which is completely outside the 65 DNL contour. (Of course, a federal law entirely changing the DNL metric for noise measurement consistent with World Health Organization(WHO)standards, as is asked for in City of Burien Resolution 407, would solve this problem.) 118 Rev.7/18 P.O.Box 1209 Po rt � Seattle,WA 98111-1209 of Seattle Tel: 787-3000 January xx, 2019 Airline Executive xxxxx xxxxx Re:Airbus A320 Arrival Noise and Vortex Generators Dear xx: I am writing you today because(INSERT AIRLINE NAME) is one of many airlines operating Airbus A320 series aircraft at Sea-Tac Airport. As you may be aware,Airbus A320 series aircraft.built before 2014,which includes the A319,A320 and A321, have a known design characteristic that creates a high-pitched whistling noise emanating from vent openings on the underside of the wings. This noise occurs upon descent and can generate noise for communities as far away as 30 miles who are under the approaches to Sea-Tac Airport. The Port of Seattle, in conjunction with the Sea-Tac Stakeholder Advisory Round Table(StART),are urging all airlines with A320 series aircraft to proceed with efforts to limit this noise impact. StART was formed by the Port of Seattle in early 2018 as a way for neighboring communities to engage with Port staff,airline industry representatives and the FAA and begin to identify possible solutions to aviation- related impacts. This group, which includes three selected members from each neighboring community, meets on a bi-monthly basis and also has stood up working groups that focus on individual sets of issues including A320 descent noise. In 2014,in response to growing concern over A320 descent noise,Airbus created a simple device known as a "vortex generator"that can be installed in front of the underwing vents. Subsequently, all A320 series aircraft manufactured since 2014 have this device installed at the factory. These small,triangular devices reroute the airflow and eliminate the whistling noise on descent. Several European airlines such as Lufthansa,Air France and British Airways have substantially retrofitted their fleets of pre-2014 aircraft in the years since. The issue of A320 noise on descent has further gained momentum with JetBlue's recent announcement of detailed plans and a timeline to retrofit their entire fleet. The Port of Seattle and StART request that all airlines with A320 aircraft explore this issue and provide Sea-Tac Ariport with an update regarding progress or plans pertaining to your fleet of pre-2014 A320 series aircraft. We understand there are distinct maintenance and operational challenges involved in this undertaking. However,the potential benefits to Sea-Tac's neighboring communities under increasingly busy flight paths is an outcome that benefits all. Sincerely, Lance Lyttle 119 WU Glideslope Angle Comparison 3NM 4NM SNM GNM 7NM 8N 2.75' 291' 583' 875' 1,167' 1,459' 1,751' 2,042' 2,334' r 318, 636' 9SS' 1,273' 1,592' 1,910- 2,229- 2, 47"1 3.1' '329' 658' 987' 1,316- 1,645- 1,974' 2,303' 2,632" 3.2' 339' 679' 1,019' 1,358' 1,698- 2,038' 2,377- 2,717'1 All heights are approximate All heights are above runway Threshold elevation(347'MSL) 120 StART YY SEA-TAC STAKEHOLDER ADVISORY ROUND TABLE Federal Policy Working Group Meeting Agenda February 4 2019; 5:30 pm —7:30 pm Seattle-Tacoma International Conference Center, Seoul Conference Room 17801 International Blvd. (Directions) Call In Option: If you are unable to attend in person you may call into the meeting: Dial: (712)770-4137 Access Code 855359# Meeting Objectives: To establish the Working Group's goals and principles, as well as the Working Group's initial priorities for engagement. To create a baseline of information and understanding about national policies and proposals related to noise including elements in the FAA Reauthorization Bill. 5:30 pm Welcome and Introductions All present 5:35 pm Working Group Goals and Eric Schinfeld, Port of Seattle Principles 5:50pm The State of Noise Policy in Fernando Ruiz, Legislative Assistant, Congressman Congress and Opportunities Adam Smith; Vince Mestre for Progress 6:20 pm Review of FAA Reauthorization Eric Schinfeld, Port of Seattle Bill Noise Policies and Existing Noise Legislative Proposals 7:00 pm Initial Prioritization of Policies Working Group Participants for Engagement 7:20 pm Next Steps and Future Meeting Phyllis Shulman, Facilitator Scheduling 7:30 pm Adjourn E �tto k « § � f ■ § - , � E \ , f m I � - \ ! § tw T g / ) £ a } \ k - / _ / k \ B 7 ) V \ i \ 2 ) f § m / r k a ) ] ) / K ` ` q \ k k k \ k k � k ) / ( k k J k 2 122 rive DRAFT CITY OF BURIEN, WASHINGTON RESOLUTION NO.406 A RESOLUTION OF THE CITY OF BURIEN, WASHINGTON, TO ADDRESS GROWTH AND SAFETY AT SEA-TAC AIRPORT WHEREAS,the City of Burien("City") is located adjacent to Sea-Tac Airport("Airport") and has experienced considerable and disproportionate negative health, environmental, and economic impacts due to this proximity, and WHEREAS, the City has a responsibility to protect the safety of members of the community, as well as a role in promoting the health and economic well-being of residents; and WHEREAS, the City understands that air travel is an essential component of economic growth for the region and state; and WHEREAS, the City has been briefed on the Airport's Sustainable Airport Master Plan (SAMP) and has offered numerous comments on all aspects of the planned growth; and WHEREAS, the City is aware that more than $10 billion will likely be expended to complete the projects identified in the Airport SAMP; and WHEREAS, the City knows that continued development at the Airport will result in increased negative impacts within the community, decreasing quality of life and property values, creating ever-widening zones of poor health and poverty locally and in other surrounding communities; and WHEREAS, the City is, aware that due to projections in both air travel and air cargo demand and site constraints, even with completion of projects outlined in the SAMP, the Airport will not have the capacity to meet demand within less than ten years; and WHEREAS,missed approaches,delays,and air safety concerns are currently increasing at the Airport; and WHEREAS, the Federal Aviation Administration (FAA) has directed and provided funding to the Puget Sound Regional Council to conduct a study by spring of 2020 of regional aviation capacity needs; and WHEREAS, the WA Legislature has directed and is providing funding to the WA Department of Commerce to conduct a study to be completed by June 2020 in conjunction with communities surrounding the Airport to assess the impacts of Airport operations; and 123 WHEREAS,the City believes that it is flawed public policy and a waste of public resources to invest more than$10 billion in an infrastructure that will not meet the needs of the region within less than ten years yet will cause significant human suffering and economic loss in surrounding communities, while not considering alternatives. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, DOES RESOLVETHAT: Section 1. In the interest of human health and safety and wise expenditure of public resources, that the Port of Seattle delay any build-out or launch of additional infrastructure at the Airport, specifically as identified in the SAMP,until such time as the Puget Sound Regional Council and the Department of Commerce studies are completed, true impacts are assessed, and aviation capacity needs are fully documented. Section 2. In the interest of human health, safety, economic development, and wise expenditure of public resources, that the State Legislature recognize and immediately take action to identify and begin development of additional sites within Western Washington. to accomnn-late air travel and air cargo demand. Section 3. For full transparency,the Commissioners of the Port of Seattle provide the Burien City Council a report on proposed actions no later than six months from adoption of this resolution and the City's legislative representatives provide updates on progress on new sites at the close of the 2019 Session of the Washington Legislature. Section 4. This resolution shall take effect immediately upon passage by the Burien City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN,WASHINGTON,AT A REGULAR MEETING THEREOF THIS DAY OF 12019. CITY OF BURIEN Jimmy Matta,Mayor ATTEST/AUTHENTICATED: Monica Lusk,City Clerk Approved as to form: Lisa Marshall, City Attorney R:\CC\AAA Resolutions-Preliminary\Res406 Addressing Growth and Safety at SeaTac Airport.doex 124 L) ly DRAFT CITY OF BURIEN, WASHINGTON RESOLUTION NO. 407 A RESOLUTION OF THE CITY OF BURIEN,WASHINGTON,TO ADDRESS NOISE POLLUTION GENERATED BY SEA-TAC AIRPORT WHEREAS,the City of Burien("City")is located adjacent to Sea-Tac Airport("Airport") and experiences considerable and disproportionate negative health, environmental, and economic impacts, in many cases due to aircraft noise; and WHEREAS, the City has a responsibility to protect the safety of members of the community, as well as a role in promoting the'health and economic well-being of all residents, including vulnerable populations; and WHEREAS,between 2014 and 2016,the Airport rose from the 14'busiest in the country to the 9'busiest and Airport operations exceeded 2013-2018 projections by greater than 30%and are expected to continue rapid growth,and WHEREAS,none of the Sustainable Airport Master Plan(SAMP)projects currently under development by the Airport give any consideration to off-site noise impacts; and WHEREAS, other Puget Sound local and regional airports are similarly experiencing growth in airport operations, and WHEREAS, the World Health Organization (WHO) recently released a comprehensive report on noise and health, recommending a 45 decibel (dB) daytime maximum level and 40 dB night-time maximum noise level as the thresholds above which serious health impacts occur; and WHEREAS, current noise impacts at the Airport are assessed using noise metrics adopted by the Federal Aviation Administration(FAA)using a daytime 65 dB Day-Night Average Sound Level(DNL)and nighttime 55 dB DNL and these decibel levels are well above the highest levels recommended by the WHO; and WHEREAS, the Airport's current 2013-2018 Part 150 Study was completed prior to requirements adopted by the FAA in May 2015 to apply Aviation Environmental Design Tools (AEDT)to the Noise Compatibility Program(NCP)1 and prior to the recent rapid growth in Airport operations, and 1 Guidelines contained in CFR 14 Part 150 125 WHEREAS,the 2013-2018 Part 150 Study is neither current or accurate,due to significant recent growth exceeding projections in Airport operations, due to lack of use of AEDT, due to missing information on airports in close proximity and limited regional airspace capacity, due to missing information on noise generated from NextGen flights,and due to lack of consideration for vulnerable populations experiencing environmental justice concerns, and WHEREAS, there are several noise restraints in State law that mandate the Port Commission investigate and monitor aircraft noise to determine the nature and extent of impacts from aircraft noise, but there is no evidence that this has been done; furthermore, the Airport, as the primary advocate of this state provision, limited mitigation to a geographic area significantly less than where impacts are occurring; and WHEREAS, the Airport's earliest noise insulation program for homeowners that began circa 1985 was inadequate and would, not meet contemporary FAA standards, and required homeowners under state law to sign an "avigation" easement that never expires even after mitigation measures,warranties, and windows fail; and WHEREAS, the FAA offers Airport Improvement Program(AIP) grants that can be used for noise mitigation,but the Airport appears to have delayed requesting funding for four years and used AIP grants for other priorities; and WHEREAS, the FAA is studying the feasibility of offering4 a new program to replace sound insulation products that were previously installed and have failed or require replacement due to changed construction codes, but a current state laws advocated by the Airport prohibits homeowners from receiving any updated acoustical products 6; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON,DOES RESOLVE THAT: Section 1.The Washington State Legislature repeal RCW 53.54.020 and add language requiring the Airport to initiate a new Part 150 Study immediately; furthermore,whenever future projections of Airport operations used for planning are exceeded by 10% that a new Part 150 Studv be initiated,including accurate monitoring of noise and emissions to lead to effective and aggressive mitigation. 2 Chapter 53.54.020 RCW enacted in 1984 3 Chapter 53.54.030 (3) RCW enacted in 1985 4 There are no federal grant funds currently identified to support this offering. 'Chapter 53.54.030 (5)RCW enacted in 1993 6 Based upon this new development at FAA, SFO(San Francisco Airport) is now offering a "Replacement and Second Chance Noise Insulation" initiative. -2- R:/CC/AAA Resolutions/Res407 126 Section 2.Members of Washington State's Congressional Delegation add language in federal statutes(14 CFR Part 150 as amended) to substitute DNL metrics consistent with WHO standards; furthermore,that the AEDT components be amended to consider additional decibels that result when noise is propagated over bodies of water. Section 3. The WA State Legislature repeal Chapter 53.54.030 (5) RCW that limits homeowners to"one-time only"participation for mitigation and add language that authorizes a Sound Insulation Replacement Program operated by the Airport and styled after the SFO program; and further amend Chapter 53.54.030(3) RCW that limits avigation easements to the duration, or"shelf- life,"projected for new and replacement acoustical products. Section 4. The Washington State Legislature repeal Chapter 53.54.030(3)RCW that requires homeowners to waive all damages and convey an easement into perpetuity, yet still accept all"noise and noise associated conditions therewith." Section 5. The Airport aggressively seek noise mitigation funding to mitigate impacts from increased Airport operations and their impacts on qualified residences in the City. Section 6. The City's State Legislators provide a report immediately following the close of the 2019 legislative session on progress made on the actions in this resolution and that the Airport notify the City of efforts to secure additional fielding. Section 7. This resolution shall take effect immediately upon passage by the Burien City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR MEETING THEREOF THIS DAY OF ,2019. CITY OF BURIEN Jimmy Matta,Mayor ATTEST/AUTHENTICATED: Monica Lusk, City Clerk 7When the Airport conducted previous mitigation prior to third runway mitigation,ALL homes were qualified; however,the FAA changed regulations in 2016 and now homes must be noise tested to determine whether or not the interior noise level is above 45 dB DNL. If the dB is greater than 45 dB DNL, then the home is qualified. -3 - R:/CC/AAA Resolutions/Res407 127 Approved as to form: Lisa Marshall,City Attorney Filed with the City Clerk: Passed by the City Council: Resolution No.407 Copies to be distributed to: • The Honorable ... -4- R:/CC/AAA Resolutions/Res407 128 SeveP, DRAFT CITY OF BURIEN, WASHINGTON RESOLUTION NO.408 A RESOLUTION OF THE CITY OF BURIEN,WASHINGTON,REQUIRING MONITORING AND HEALTH IMPACT ASSESSMENTS OF SEA-TAC AIRPORT OPERATIONS WHEREAS, the City of Burien ("City") is located adjacent to Sea-Tac Airport ("Airport") and has experienced considerable and disproportionate negative health, environmental, and economic impacts; and WHEREAS, the City has a responsibility to protect the health, welfare: and safety of residents in the community; and WHEREAS, the Airport is a major source of noise and air pollution and air traffic has exceeded the Airport's operational projections for 2013-2018 by over 30%;and WHEREAS, there are no temporary or permanent air quality monitors in or near the six cities in closest proximity to the Airport and hence no means to assess potential levels of pollutants and exposures of surrounding populations to Criteria Air Pollutants (CPs) (including ultrafine particulate matter—PM) and Hazardous Air Pollutants' (HAPS) known to be generated by Airport operations);and WHEREAS, studies in the United States2 and around the world indicate that exposure to CPs and HAPS may contribute to or cause a range of chronic and severe illnesses including cancer, diabetes, lung disease, inflammation of airways, many respiratory diseases (i.e., asthma attacks), cardiovascular disease i.e., heart attacks), and premature death; and other studies3 indicate that exposure to ultrafine PM from airport operations may impact health; and WHEREAS, no baseline air quality and health studies have been conducted to determine potential impacts of Airport operations, nor does the Airport's Sustainable Airport Master Plan (SAW) quantify or model the full range of emissions and pollutants even as extensive development continues and Airport operations increase; and 1 https://ecology.wa.gov/Air-Climate/Air-quality/Air-quality-targets/Air-quality-standards z https://oehha.ca.gov/air/health-studies-criteria-air-pollutants 3 https://www.nap.edu/catalog/22119/understanding-airport-air-quality-and-public-health-studies-related-to- airports 1 129 WHEREAS, the Puget Sound Clean Air Agency (PSCAA), the WA Department of Ecology (DOE), and the US Environmental Protection Agency (EPA) have previously identified a need to better characterize the airshed where the Airport is located and assess impacts, but no state mandates have compelled the Airport to accomplish these tasks; nor have these regulatory agencies assured Airport compliance with federal air quality mandates. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, DOES RESOLVE THAT: yt" Section 1. The Washington State Legislature direct PSCAA, DOE, and EPA to delineate the Airport airshed within which environmental and heap impas�ts will be assessed. Section 2. The Washington State Legis&&—e identify and, •mandate that a research ,,ram, institution,PSCAA, or DOE establish within otie to three miles of theart's airshed boundary adequate air quality monitors to measure CPS wd HAPs to characterzeindit ions within the A airshed and that funding be appropriated to establ shand con&4ously operate se monitors. gy-All", Section 3. The Washington State Legislature appropriate funds to the PSCAA or DOE to independently conduct a cumulative risk,4ssessment o' ,tpth emissions and noise to better understand potential environmental impacts on populations loco l within the airshed. Section 4 The Washington State Legisiature/ pprvpr(ate ends to a designated research institution or Washio*Ogn State "Department Of Wafth (DOHS:to conduct a Community Health Impact Assessment (BILA) ofpopulations wt the Airport airshed, including vulnerable¢ populations and environmental ,lustsre' communities. The CHIA would determine the level of Illnesses and diseases, Steen, deiiiiVt -a.. w,. a7aoft,�.and lea�mu _ noise and, 6101'64* Airport i ations. Se oxo 4. The WaA#iZton tafe Legislature amend Chapter 70.05.070 RCW and SERA "�4 fc Chapter 43. 1C.RCW to re4' that tl►e'Department of Health comply with WAC 246-366 to perform health *l safety inspe�dns at sc`hools within Airport communities to ensure that State standards for air arid'w Oise quali rpre not exceeded. �,� r Section 5. The+City°s$tate Legislators provide a report immediately following the close of the 2319 legislative session on progress made on the actions in this resolution. Section 6. This resolution shall take effect immediately upon passage by the Burien City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR MEETING THEREOF THIS DAY OF ) 2019. °https://www.ajmc.com/newsroom/5-vulnerable-populations-in-healthcare 5 https://www.epa.gov/environmentaljustice/learn-about-environmental-justice 2 130 CITY OF BURIEN Jimmy Matta,Mayor ATTEST/AUTHENTICATED: Monica Lusk, City Clerk Approved as to form: Lisa Marshall, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution No.408 ry Copies to be distributed to The Honor abl 3 131