CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Department of Parks and Recreation and Seattle Public Utilities; transferring partial jurisdiction of a portion of Seward Park, located beneath and adjacent to the tennis courts and adjacent parking lot, from the Department of Parks and Recreation to Seattle Public Utilities for maintenance, repair and operation of a combined sewer underground storage tank, associated underground pipes and electrical lines, and limited surface ancillary facilities; and superseding certain requirements of Ordinance 118477, which adopted Initiative 42.

WHEREAS, the City of Seattle, operating through Seattle Public Utilities (SPU), owns and operates a combined sewer system that overflows to Lake Washington during heavy rain events; and

WHEREAS, the combined sewer system overflows (CSOs) are governed by the State of Washington under the terms of a National Pollutant Discharge Elimination System (NPDES) permit; and

WHEREAS, based on the volume of overflows and their impact on water quality in Lake Washington, Basin 44, which includes Seward Park and upland residential neighborhoods, has been identified in the NPDES permit and related Consent Decree between the City of Seattle, the Environmental Protection Agency (EPA) and State of Washington as a priority for CSO reduction, including regulatory milestones for completion of a capital improvement project; and

WHEREAS, after approximately three years of evaluation of CSO control options and alternative storage locations, and discussions with the Department of Parks and Recreation (DPR), residents and other interested stakeholders, SPU determined that constructing an underground storage tank in Seward Park is the best approach for the reduction of CSOs in Basin 44 required by the NPDES permit and Consent Decree; and

WHEREAS, Seward Park is a heavily-used, important, and historic part of the Seattle parks and recreation system; and

WHEREAS, SPU considered alternative sites in Seward Park for its CSO reduction project and, working closely with DPR, determined that locating the project beneath and adjacent to the tennis courts and parking lot at the southern boundary of Seward Park would have less impact, both short term and long term, on the park and recreation use of Seward Park than an alternative location; and

WHEREAS, DPR and SPU determined that a transfer of partial jurisdiction of the areas to be occupied by the underground storage tank, associated underground pipes and electrical lines, and limited surface ancillary facilities from DPR to SPU is appropriate because of the permanent nature of the tank and ancillary facilities and to facilitate efficient on-going maintenance, repair and operation of the underground storage tank and ancillary facilities by SPU; and

WHEREAS, the portions of Seward Park affected by the limited surface ancillary facilities associated with the underground tank are subject to the conditions of two federal Urban Park and Recreation Recovery grants from 1979 and 1983, Grant Nos. 53-CTY-1960-7901 and 53-CTY-1960-8301 (UPARR Grants); and

WHEREAS, no partial transfer of jurisdiction can occur unless the National Park Service approves amendments to the UPARR Grants allowing transfer of conditions to other park property; and

WHEREAS, DPR and SPU have requested that the National Park Service approve amendments to the UPARR Grants to remove the grant conditions from areas of Seward Park to be affected by surface ancillary facilities and to place grant conditions on an area of Lake Washington Boulevard; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Conditioned upon National Park Service approval of amendments to two federal Urban Park and Recreation Recovery grants from 1979 and 1983, Grant Nos. 53-CTY-1960-7901 and 53CTY-1960-8301, for the portions of Seward Park affected by the limited surface ancillary facilities associated with the underground storage tank, underground facility vault, associated underground pipes and electrical lines (collectively the foregoing are referred to

as the CSO Facility) and completion of the CSO Facility, such limited and partial jurisdiction of the real property legally described and depicted in Attachment 1, attached hereto and incorporated herein (Use Area), as shall be necessary for the maintenance, repair, and operation of the CSO Facility (Purposes) is transferred from the Department of Parks and Recreation (DPR) to Seattle Public Utilities (SPU) subject to the following: (a) SPU may access the Use Area for the Purposes without further authorization upon at least 5 days' notice to DPR, except in case of emergency, and shall coordinate with DPR to avoid time periods when heavy use by the public is anticipated; (b) after any access to the Use Area for the Purposes, SPU will restore the Use Area, at SPU's expense, to at least the condition existing immediately prior to such access; (c) SPU shall not use any park land outside of the Use Area, except for access purposes permitted in Section 2 below, without the prior written approval of DPR; (d) the initial construction of the CSO Facility will be pursuant to authorization and terms and conditions of a Revocable Use Permit for Non-park Use of Park Property issued by DPR until the effective date of the partial transfer of jurisdiction; and (e) the Director of SPU and Superintendent of DPR will enter into a memorandum of understanding, which they may amend from time to time, to address ongoing responsibilities for maintenance, operation and coordination of each department's respective facilities and operations in the Use Area. Both SPU and DPR understand that notwithstanding the legal descriptions in Attachment 1, all of the Use Area except that portion occupied by limited surface ancillary facilities is subsurface.

Section 2. In order to reach the Use Area, SPU shall have reasonable pedestrian access across the adjacent park land, or vehicular access if required for maintenance or repair. SPU shall restore any park land, vegetation or improvements damaged by such access, at SPU's expense, to at least the condition existing immediately prior to such maintenance and repair.

Section 3. The following provisions of Ordinance 118477, which adopted Initiative 42, shall not apply to the actions authorized by this ordinance:

Section.1. All lands and facilities held now or in the future by The City of Seattle for park and recreation purposes, whether designated as park, park boulevard, or open space, shall be preserved for such use, and no such land or facility shall be sold, transferred, or changed from park use to another usage, unless the City shall first hold a public hearing regarding the necessity of such a transaction and than [sic] enact an ordinance finding that the transaction is necessary because there is no reasonable and practical alternative and the City shall at the same time or before receive in exchange land or a facility of equivalent or better size, value, location and usefulness in the vicinity, serving the same community and the same park purposes.

. . . .

Section 3. . . . . Section 1 also permits by duly enacted ordinance after a public hearing and without providing replacement property: . . . a sub-surface or utility easement compatible with park use; . . . .

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment:

Attachment A: Legal Description of Use Area

Debbie Harris SPU Seward Park CSO ORD March 14, 2014 Version #4