CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Waterfront Park and public spaces; authorizing the Superintendent of Parks and Recreation and the Director of the Seattle Center to execute for and on behalf of The City of Seattle an agreement with Friends of Waterfront Seattle for operation and maintenance of Waterfront Park and public spaces; and ratifying and confirming certain acts.

WHEREAS, in January 2011, the Seattle City Council (Council) adopted Resolution 31264, establishing a set of Guiding Principles to inform efforts to create new parks and public spaces on the Central Waterfront, and creating the Central Waterfront Partnerships Committee to advise the City on the development of the waterfront design, ensuring robust and innovative public engagement, identifying public and private funding sources, and establishing the foundation for a lasting civic partnership; and

WHEREAS, in August 2012, the Council adopted Resolution 31399, which endorsed the Central Waterfront Concept Design and Framework Plan developed through broad and inclusive public engagement over two years, which endorsed a Waterfront Strategic Plan, and which established a funding plan including a mix of public, private, and philanthropic sources; and

WHEREAS, in 2013, the City established the Waterfront Seattle Program, a series of capital improvements based on the Central Waterfront Concept Plan; the program is a $756 million investment supported by a funding partnership including a $160 million local improvement district and a $110 million philanthropic contribution; and

WHEREAS, throughout the design, planning, and construction of the Central Waterfront improvements, the City and the community have prioritized the need to identify and fund operations, maintenance, and a public safety program that protects and enhances this investment and ensures new public spaces will be safe, well-maintained, and inviting to the public over the long term, and memorialized that commitment through Resolution 31399 and subsequent City ordinances; and

WHEREAS, in August 2014, Seattle voters approved creation of the Seattle Park District, and funds collected by the District pay for operations and maintenance of Seattle parks, including an annual budget dedicated to operations and maintenance of the Central Waterfront Parks and Public Spaces; and

WHEREAS, in September 2017, the Council adopted Resolution 31768, in which the City stated its intent to work with Friends of Waterfront Seattle (Friends) to reach an agreement for the long-term provision of high-quality operations and management services commensurate with the quality of programming envisioned in the public planning for the waterfront, and as reflected in the improvements included in the Central Waterfront Improvement Program; and

WHEREAS, in that resolution, the City stated its expectation that any future agreement with Friends would include a scope of work that identifies a standard of care commensurate with the Waterfront Seattle investment and in which all maintenance activities shall be provided by a dedicated and consistent team of City staff working in partnership with Friends; and

WHEREAS, in January 2019, the Council passed Ordinance 125761, authorizing a two-year agreement with Friends to govern the operations, management, and programming services for the completed Pier 62 (Pilot Agreement) and stating an intention that following the agreement, the City would enter a long-term management agreement, subject to City Council approval; and

WHEREAS, in the same ordinance, the Council created the Central Waterfront Oversight Committee (CWOC), with whom the City and Friends are committed to coordinating with on long-term management of waterfront public spaces, on establishing a performance standard for maintenance, programming, and public safety, and on following up with regular evaluations and proposing corrections where needed to help ensure the performance standard is being met; and

WHEREAS, the Waterfront Park Boulevard was established in 2021, as outlined in Ordinance 126444; and

WHEREAS, the CWOC developed and finalized the Waterfront Park Performance Standards and Park Inspection in 2022 (Performance Standards), which will be used to evaluate the City and Friends on park performance on an ongoing basis, with corrective action recommendations and review periods to be conducted as outlined in the Performance Standards; and

WHEREAS, as authorized by Ordinance 126755, the Seattle Parks and Recreation Superintendent delegated to the Seattle Center Director the authority to operate, maintain, and manage Waterfront Park and Public Spaces; and

WHEREAS, Ordinance 126755 also authorized an extension of the Pilot Agreement with Friends and authorized the Director of Office of Waterfront and Civic Projects, Seattle Center Director, and Seattle Parks and Recreation Superintendent, through their respective designees, to develop a long-term management agreement with Friends that shall be consistent with Attachment C to Ordinance 125761 and that must be reviewed and approved by City Council prior to execution; and

WHEREAS, Ordinance 126758 authorized the City to accept non-City funds from Friends of Waterfront Seattle for public safety, contingent upon execution of the management agreement with Friends for 2023-2028 and as approved in the City’s annual budget process; and

WHEREAS, the anticipated long-term management agreement between the City and Friends has been developed using lessons learned from the Pier 62 Pilot Agreement, recommendations from the CWOC, and the incorporation of the Performance Standards; and

WHEREAS, The City of Seattle and the CWOC have assessed Friends of Waterfront Seattle readiness as the long-term Operating Partner for Waterfront Park on the requirements from Ordinance 125761 outlined below:

1. Successful management of Pier 62 under the Pilot Agreement with the City;

2. Financial stability, including reasonably sufficient and funding operating reserves;

3. Overall operating and capital budgets; and

4. Staffing plans; and

5. Successful relationships with the Office of the Waterfront and Civic Projects, Seattle Parks and Recreation, the Seattle Department of Transportation, the Seattle Center, the Oversight Committee and relevant third-party stakeholders; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council adopts the findings recommended by the Central Waterfront Oversight Committee attached to this ordinance as Attachment 1, determining that Friends of Waterfront Seattle (Friends) has met the readiness requirements outlined in Ordinance 125761 to be the long-term operating partner with the City for Waterfront Park.

Section 2. The Superintendent of Parks and Recreation and the Director of the Seattle Center are authorized to execute for and on behalf of The City of Seattle an agreement for the operation and management of the Waterfront Park and associated public spaces substantially in the form of the Operations and Management Agreement between The City of Seattle and Friends of Waterfront Seattle attached to this ordinance as Attachment 2.

Section 3. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.

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 _________________________, 2023, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2023.

____________________________________

President ____________ of the City Council

  Approved /  returned unsigned /  vetoed this _____ day of _________________, 2023.

____________________________________

Bruce A. Harrell, Mayor

Filed by me this ________ day of _________________________, 2023.

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________________________, City Clerk

(Seal)