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HomeMy WebLinkAboutCouncil 02/07/2011AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  February 7, 2011  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATIONS a. King County Update ‐ Councilmember Julia Patterson  b. Ron Regis Park Update ‐ Park Commission  4.PUBLIC MEETING a. Tess Annexation ‐ 10% Notice of Intent to annex petition for 16.3 acres bordered to the north  by SE 132nd St., to the east by 164th Ave. SE, to the south by SE 134th St., and to the west by  160th Ave. SE  5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 1/24/2011.  Council concur.  b. City  Clerk  submits  quarterly  contract  list  for  period  10/1/2010  through  12/31/2010,  and  expiration report for agreements expiring 1/1/2011 to 6/30/2011. Information.  c. Community  and  Economic  Development  Department  recommends  approval  to  revise  the  amounts of the impact fees collected on behalf of the Issaquah and Kent School Districts,  adopt  the  2010  Issaquah  School  District  Capital  Facilities  Plan  and  the  2010/2011  through  2015/2016  Kent  School  District  Capital  Facilities  Plan,  and  continue  to  collect  the  current impact fee on behalf of the Renton School District and retain the Renton School District  2008 Capital Facilities Plan. Refer to Finance Committee, set public hearing on 2/28/2011.  d. Community  and  Economic  Development  Department  requests  final  approval  of  the  15‐year  Classic Concepts V, LLC latecomer agreement requested by Wm. Wayne Jones, Jr. for sewer  main  extension  at  SE  2nd  Pl.  and  SE  2nd  St.,  west  of  Hoquiam  Ave.  NE, and  requests  authorization to finalize the agreement per City Code.  Refer to Utilities Committee.  e. Community and Economic Development Department requests approval to award $25,000 from  the Housing Opportunity Fund to Providence Health & Services to support the development and  Page 1 of 122 construction of the proposed Providence Renton House affordable housing project. Refer to  Planning and Development Committee.  f. Community and Economic Development Department recommends approval of a Memorandum  of  Understanding  with  Valley  Medical  Center  for  the  establishment  of  a  Sunday  Farmers  Market at Valley Medical Center.  Council concur.  (See 9.a. for resolution.)  g. Community Services Department recommends waiving the 2011 high school golf team fees in  the amount of $2,900 for the Lindbergh High School golf team in exchange for golf course  maintenance services.  Refer to Finance Committee.  h. Community Services Department requests approval to waive picnic shelter fees in the amount  of $600 for the annual CROPWALK event on 5/15/2011.  Refer to Finance Committee.  i. Transportation Systems Division recommends approval of a funding agreement in the amount  of $500,000 with the Washington State Department of Transportation for reimbursement of the  resurfacing  of  Rainier  Ave.  S., and  approval  of  all  subsequent  amendments  necessary  to  accomplish the construction of this project.  Council concur.  (See 9.b. for resolution.)  j. Transportation  Systems  Division  recommends  approval  of  an  agreement with  Puget  Sound  Regional Transit Authority (Sound Transit) reaffirming their committment to contribute $18.9  million to the City's Rainier Ave. Arterial Improvements Project ($14.9 million) and the Strander  Blvd./SW  27th  St.  Extension  Project  ($4  million).   This  agreement  supersedes  CAG‐06‐069,  retains the  previous funding  committments,  reflects  the  current  design  of  the  projects,  and  establishes a funding schedule for construction.  Refer to Transportation (Aviation) Committee. 8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Finance Committee:  Vouchers; Public Defense Services Contract with Cayce & Grove; Sciola  Utility Billing Adjustment Request  9.RESOLUTIONS AND ORDINANCES Resolutions: a. Memorandum of Understanding with Valley Medical Center establishing a Farmers Market  at Valley Medical Center (See 7.f.)  b. Interlocal Agreement with the Washington State Department of Transportation regarding  reimbursement for the resurfacing of Rainier Ave. S.  (See 7.i.)  Ordinance for second and final reading: a. Revised Civil Enforcement of Code regulations (1st reading 1/24/2011)  10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT         Page 2 of 122 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   February 7, 2011  Monday, 6:00 p.m.     Electric Vehicle Charging Stations ‐ Briefing     • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •     CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 3 of 122 ! " # $% & ' ( ) *! & +& , $ # $% & $$ , % , - % * - , .+ # % - % % , - % *+ - , . # % - % & $ .&*/ $ $ & % $ ( $ 0 1 2(01 3 # $ 0 ' 4 & % $ 5 % (/+ 6 & $$ 6 (/+ % % (01 $ % 6 $ % 7 ! !+& 6 %$ % %$ % $ % $ % 6 %$ . 1 $ % %$ % % % $ & % $ 8% $ %,$ $ 9 $$ & % $ $$ $$ : & % 6 %$ . 1 & & 1 8% %$ % 6 # $ & 4a. ‐ Tess Annexation ‐ 10% Notice of Intent to annex petition for 16.3  acres bordered to the north by SE 132nd St., to the east by 164th Ave. SE, Page 4 of 122 4a. ‐ Tess Annexation ‐ 10% Notice of Intent to annex petition for 16.3  acres bordered to the north by SE 132nd St., to the east by 164th Ave. SE, Page 5 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: City of Renton Contract Lists: * Signed 4th Quarter 2010 * Six-month Exp. Report Meeting: Regular Council - 07 Feb 2011 Exhibits: List of agreements signed from October 1, 2010 through December 31, 2010; List of agreements expiring between January 1, 2011 and June 30, 2011. Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton, City Clerk Recommended Action: None; Information only Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Fully executed in fourth quarter 2010 were 42 contracts, 22 addendums, 15 change orders, and 4 leases affecting 61 agreements. The six-month expiration report shows 37 agreements that will expire between January 1, 2011 and June 30, 2011. STAFF RECOMMENDATION: None; Information only 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 6 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 7 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 8 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 9 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 10 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 11 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 12 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 13 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 14 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 15 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 16 of 122 7b. ‐ City Clerk submits quarterly contract list for period 10/1/2010  through 12/31/2010, and expiration report for agreements expiring Page 17 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: School District Impact Fees 2011 Meeting: Regular Council - 07 Feb 2011 Exhibits: l Issue Paper l Draft Ordinance Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Rocale Timmons, x7219 Recommended Action: Refer to Finance Committee and set Public Hearing on February 28, 2011 Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: Renton Municipal Code 4-1-160 J requires the annual review of the Issaquah, Kent, and Renton School Districts’ Capital Facilities Plan and assessed impact fee. Issaquah has recommended a $464 increase in the single-family impact fee for the upcoming year to $3,808. Kent has asked for a $92 increase in the single-family impact fee to $5,486 and a $56 increase in the multi-family unit impact fee for the upcoming year to $3,378. Given the absence of an updated CFP for the Renton School District it is assumed the district is requesting to continue to collect an impact fee of $6,310 for each new single- family home and $1,258 for each new multi-family unit. l Set Public Hearing on February 28, 2011; and l Adopt the Issaquah School District 2010 Capital Facilities Plan and approve the collection of the requested impact fee of $3,808 per new single-family home within the District; and l Adopt the Kent School District 2010/2011 – 2015/2016 Capital Facilities Plan and approve the collection of the requested impact fees of $5,486 per new single-family home and $3,378 per new multi-family unit within the District; and l Retain the 2008 Renton School District Capital Facilities Plan and continue to collect impact fees of $6,310 per new single-family home and $1,258 per new multi-family unit within the District. STAFF RECOMMENDATION: Set public hearing date on 2/28/2011, and adopt recommended collection fee amounts and school district Capital Facilities Plans. 7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 18 of 122 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:January 14, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:Rocale Timmons, x7219 SUBJECT:School District Impact Fees ISSUE: ·Should the City of Renton update school impact fees for the Issaquah, Kent, and Renton School Districts? RECOMMENDATION: ·Collect the requested impact fee of $3,808 for each new single-family home on behalf of the Issaquah School District. ·Collect the requested impact fee of $5,486 for each new single-family home and $3,378 for each new multi-family unit on behalf of the Kent School District. ·Continue to collect an impact fee of $6,310 for each new single-family home and $1,258 for each new multi-family unit on behalf of the Renton School District. BACKGROUND SUMMARY: Washington’s Growth Management Act authorizes the collection of impact fees to help ensure that those responsible for growth pay a fair share for the cost of new facilities needed to support new growth. School impact fees are assessed only on newly built household units and can only be used to support the capital costs of expanded existing or building new facilities. Operations and maintenance costs are not eligible expenses for impact fees. Impact fees can be assessed to support a number of different capital funds that are needed to support growth. Commonly, impact fees are collected for things such as improvements to schools, parks, and transportation systems. The amount collected for an impact fee is based upon a CFP that must show that there is a need for capital projects due to growth. In November 1999, the City adopted Ordinance No. 4804, which added a new section to Title IV entitled “School Impact Fees”. This section authorized the City to collect school 7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 19 of 122 Terri Briere, Council President Page 2 of 3 January 13, 2011 impact fees for the Issaquah School District and provided for an annual review of the fee structure. Last year the City Council approved the collection of a fee of $3,344 on behalf of the Issaquah School District for each new single-family dwelling built within the District’s boundaries. This year, the Issaquah School District has asked for an increase of $464 resulting in a $3,808 fee based upon its CFP as a result of bonds passed by voters to fund new school construction and expansion. Plans in the 2010 CFP include expansions of elementary, middle school and high school facilities that serve current Renton residents, as well as future residents within Renton’s Potential Annexation Area (PAA). Given the likelihood of annexation of land to the City of Renton within the boundaries of the Kent School District, the Council authorized the collection of an impact fee for new single-family and multi-family homes. The Kent School District is requesting a $92 increase in the fee for single-family homes the upcoming year, to bring the total amount to $5,486 per new single-family home. Additionally, the District is requesting a $56 increase in the fee for new multi-family units, to bring the total amount to $3,378 for the upcoming year. The District’s 2010/2011 – 2015/2016 CFP includes the addition of facilities that would serve current and future (within the PAA) Renton residents, which includes additional high school classroom space, acquisition of a site for an elementary school, and expansion of existing elementary school facilities. The Renton School District did not provide a current CFP for years 2011-2017. The plan for years 2010-2015 demonstrated a need for an impact fee to mitigate the costs of growth in the District. The plan anticipated additional facilities would be needed in order to serve elementary and middle school students, and additional facilities to serve all grade levels will be needed within the next 20 years. As a result, the Renton School District asked the City of Renton to adopt its December 2008 CFP and assess an impact fee on its behalf in the amount of $6,310 per new single family home and $1,258 per new multi-family unit. Given the absence of and updated CFP it is assumed the Renton School District is requesting the continuation of the collection of impacts fees based on $6,310 for each new single-family home and $1,258 for each new multi-family unit on its behalf. CONCLUSION: The City should collect a $3,808 school impact fee for new single-family homes on behalf of the Issaquah School District. The City should also collect a school impact fee on behalf of the Kent School District in the amount of $5,486 per new single-family unit and $3,378 per new multi-family unit. In addition, the City should continue the collection of school impacts fee on behalf of the Renton School District in the amount of $6,310 per new single-family residence and $1,258 per new multi-family unit in the absence of an updated CFP. cc:Jay Covington, Chief Administrative Officer Iwen Wang, FIT Administrator Chip Vincent, Planning Director Neil Watts, Development Services Director 7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 20 of 122 Terri Briere, Council President Page 3 of 3 January 13, 2011 7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 21 of 122 CITY OF RENTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON” SETTING THE IMPACT FEE AT $3,344 808 PER NEW SINGLE-FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT; SETTING THE IMPACT FEE AT $5,394 486 PER NEW SINGLE FAMILY HOME AND $3,322 378 PER NEW MULTI-FAMILY HOME IN THE KENT SCHOOL DISTRICT; RETAININGSETTING THE IMPACT FEE AT $6,310 PER NEW SINGLE FAMILY HOME AND $1,258 PER NEW MULTI-FAMILY HOME IN THE RENTON SCHOOL DISTRICT; AND ADOPTING THE CAPITAL FACILITIES PLANS OF THE ISSAQUAH AND KENT SCHOOL DISTRICTS WITHIN THE CITY OF RENTON. WHEREAS, under Section 4.1.160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the “Revised and Compiled Ordinances of the City of Renton,” as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Issaquah School District an impact fee of $5,4953,344 for each new single-family home built within the District’s boundaries; and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District’s 201009 Capital Facilities Plan, which includes an decrease increase in the impact fee for new single-family homes to $3,344808; and WHEREAS, under Section 4.1.160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the “Revised and Compiled Ordinances of the City of Renton,” as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Kent School District an impact fee of $5,304 394 for each new single-family home and $3,266 322 per new multi-family unit built within the District’s boundaries; and WHEREAS, the Kent School District requested that the City of Renton adopt the District’s 20092010/20101 – 20145/20165 Capital Facilities Plan, which recommends an increase in the impact fee for new single-family homes to $5,486394 and an increase in the impact fee for new multi-family units to $3,322378; and WHEREAS, under Section 4.1.160 of Chapter 1, Administration and Enforcement, of Title IV 7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 22 of 122 (Development Regulations), of Ordinance No. 4260 known as the “Revised and Compiled Ordinances of the City of Renton,” as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Renton School District an impact fee of $6,310 for each new single-family home and $1,258 per new multi-family unit built within the District’s boundaries; anduntil recently the Renton School District has been able to accommodate growth within existing facilities, but currently estimates a need for additional school facilities within the next six years to accommodate anticipated growth; and WHEREAS, the Renton School District has not submitted an updated Capital Facilities Plan. WHEREAS, the adopted 2008 Capital Facilities for the Renton School District requested that the City of Renton adopt the District’s 2008 Capital Facilities Plan, which recommends the collection of a impact fee for new single-family homes of $6,310 and the collection of an impact fee for new multi-family units of $1,258; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Note 5 of subsection 4-1-160D. Fee Calculations, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Revised and Compiled Ordinances of the City of Renton, Washington” is hereby amended as follows: 5.The City Council may adjust the fee calculated under this subsection, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels, and the percent of the District’s Capital Facilities Budget, which will be expended locally. The City council establishes the following fees: Single-Family Fee Amount Multi-Family Fee Amount Issaquah School District $3,808344.00 Not Applicable. Kent School District $5,394486.00 $3,322378.00 Renton School District $6,310.00 $1,258.00 SECTION II. Subsection 4-1-160J, Adoption of the District Capital Facilities Plan and Submission of the7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 23 of 122 Annual Updates and Report and Data, of Chapter 1, Administration and Enforcement of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Revised and Compiled Ordinances of the City of Renton, Washington” is hereby amended as follows: 1.The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City’s Comprehensive Plan: a.The Issaquah School District No. 411 2009 2010 Capital Facilities Plan; b.The Kent School District No. 415 201009/20101 – 20145/20156 Capital Facilities Plan; c.The Renton School District No. 403 2008 Capital Facilities Plan. 2.On an annual basis, the District shall submit the following materials to the City: a.The annual update of the District’s Capital Facilities Plan; b.An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. SECTION III. This ordinance shall be effective upon its passage, approval and thirty days after its publication. PASSED BY THE CITY COUNCIL this _____ day of ______________, _____. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this _____ day of ______________, _____. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ________________ ORD. 7c. ‐ Community and Economic Development Department recommends  approval to revise the amounts of the impact fees collected on behalf of Page 24 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Approval for the Latecomer's Agreement Request for Sanitary Sewer Extension along SE 2nd Pl & SE 2nd St, west of Hoquiam Ave NE. (Wm. Wayne Jones, Jr., Classic Concepts V, LLC, Petitioner) File: LA-10-001 Meeting: Regular Council - 07 Feb 2011 Exhibits: Issue Paper; Final Latecomer's Agreement Legal Description - Exhibits A-C; Final Notice; Vicinity Map Final Assessment Roll Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Arneta Henninger, x7298 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: City Code allows the City to grant a latecomer agreement when sanitary sewer facilities are installed by a developer, in order to ensure that each property benefiting from the new facility be assessed its fair share of the costs. On August 2, 2010, Council granted preliminary approval of a latecomer (LA-10-001) request to Wm. Wayne Jones, Jr., Manager, Classic Concepts V, LLC. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Classic Concepts V, LLC has installed the agreed upon improvements and transferred title of these improvements to the City. The final cost is $137,146.56, which is $25,230.31 less than the original estimate of $162,376.87. STAFF RECOMMENDATION: Grant a final 15-year latecomer agreement (LA-10-001) to Classic Concepts V, LLC for sanitary sewer main extension along SE 2nd Pl & SE 2nd St, west of Hoquiam Ave NE, and authorize staff to finalize the latecomer agreement. 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 25 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 26 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 27 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 28 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 29 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 30 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 31 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 32 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 33 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 34 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 35 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 36 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 37 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 38 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 39 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 40 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 41 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 42 of 122 7d. ‐ Community and Economic Development Department requests final  approval of the 15‐year Classic Concepts V, LLC latecomer agreement Page 43 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Housing Opportunity Fund Award for Providence Renton House Meeting: Regular Council - 07 Feb 2011 Exhibits: Issue Paper Housing Opportunity Fund - Project Eligibility and Uses of Funds Providence Renton House map Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Mark Santos-Johnson, Senior Economic Development Specialist (x6584) Recommended Action: Refer to Planning & Development Committee Fiscal Impact: Expenditure Required: $ $25,000 Transfer Amendment: $N/A Amount Budgeted: $ $25,000 Revenue Generated: $N/A Total Project Budget: $ $17,647,222 (projected)City Share Total Project: $ $25,000 SUMMARY OF ACTION: Providence Health & Services has requested $25,000 from the Housing Opportunity Fund to help support the development and construction of the Providence Renton House to provide affordable rental housing for low-income seniors. The project includes 70 apartment units for seniors age 62 and older with household incomes at or below 50% of the King County median income. STAFF RECOMMENDATION: Approve a $25,000 award from the Housing Opportunity Fund to Providence Health & Services to help support the development and construction of the Providence Renton House to provide affordable rental housing for low-income seniors. 7e. ‐ Community and Economic Development Department requests  approval to award $25,000 from the Housing Opportunity Fund Page 44 of 122 h:\ced\city council\issue papers\2011\issue paper - housing opportunity fund - providence renton house 1-28-2011.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:January 28, 2010 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:Mark Santos-Johnson, Senior Economic Development Specialist (ext. 6584) SUBJECT:Housing Opportunity Fund Award to Providence Health & Services for Providence Renton House ISSUE: Should the City award $25,000 from the Housing Opportunity Fund (HOF) to Providence Health & Services to help support the construction of Providence Renton House to provide affordable rental housing for low-income seniors? RECOMMENDATION: The Providence Health & Services request for HOF funds has been reviewed by the Department of Community & Economic Development and the Community Services Department. Staff recommends that the Council approve a $25,000 award from the HOF funds to Providence Health & Services to help support the construction of Providence Renton House to provide affordable rental housing for low-income seniors. BACKGROUND SUMMARY: In November 2008, the City Council adopted Ordinance 5419 and transferred $200,000 of the fund balance from the General Fund to establish the HOF. The HOF is available to assist public and private housing projects serving low and/or moderate income households and/or special-needs populations within the City limits.1 Requests for funding from the HOF are brought to the Council for approval after staff review and recommendation. 1 See Attachment 1: Housing Opportunity Fund – Project Eligibility and Uses of Funds The Council previously awarded $175,000 of HOF funds, including (i) $100,000 to the Renton Housing Authority in 2009 to help support the development and construction of the proposed Edmonds/Glenwood affordable housing project and (ii) $75,000 to the Habitat for Humanity East King County in 2010 to help support the construction of phase 1 of the La Fortuna affordable home ownership project. There is currently $25,000 remaining in unallocated HOF funds. Providence Health & Services has requested $25,000 in HOF funds to help support the development and 7e. ‐ Community and Economic Development Department requests  approval to award $25,000 from the Housing Opportunity Fund Page 45 of 122 HOF Award to Providence Health & Services for Providence Renton House Page ii of 3 Issue Paper January 28, 2011 h:\ced\city council\issue papers\2011\issue paper - housing opportunity fund - providence renton house 1-28-2011.doc construction of the Providence Renton House. The project will be built on a vacant parcel currently owned2 by the Renton Housing Authority at the corner of Sunset Lane NE and NE 10th Street, adjacent to Sunset Terrace. The Providence Renton House is consistent with the Sunset Area Community Investment Strategy adopted in November 2009 and an integral part of the Renton Housing Authority’s proposed Sunset Terrace redevelopment. 2 Providence Health & Services has a purchase option agreement with the Renton Housing Authority to acquire the land for the Providence Renton House development. As currently proposed, the new mixed-use building will include 70 apartments for low-income seniors and an adult day health care center known as “Program of All Inclusive Care for the Elderly” (PACE). The apartments will serve seniors age 62 and older and be located on floors two to four, with 59 one-bedrooms, 10 two-bedrooms and one manager’s unit. The 12,000-square foot PACE center (to be owned and operated separately by Providence Health & Services), along with common area spaces and a management office for the residential project, will be located on the ground floor. Each floor will have a laundry room, and off the second floor will be an outdoor terrace. The 4th floor will have a senior activity room and a meeting room, in addition to the lounge on the ground floor. The rooftop will include a 2,000-square foot community garden and 600 square feet of outdoor seating for residents. PACE is a nationally recognized innovative healthcare program for the elderly. The PACE center’s services will be available to low-income seniors in Renton and south King County as they age and become nursing-home eligible (i.e., declining health or increasing disability). Enrollment in PACE will ensure that a resident will be able to continue living in his or her home – rather than move to a nursing home – partly through the provision of in-home and chore services, but also through a multi-disciplinary care plan that is unique to PACE programs. Providence Health & Services is currently the only licensed PACE provider in Washington State. In 2007-2008 Providence Health & Services moved their headquarters to Renton and now has approximately 1,200 local employees. Providence Renton House, the organization’s first housing project in Renton, will be a HUD Section 202 elderly housing project. Providence Health & Services has successfully developed and managed 12 HUD Section 202 properties in Washington, Oregon and California, with a total of 601 units since 1985. Four of these projects are in Seattle and Providence received HUD Section 202 funding last year for a new project in White Center in collaboration with the King County Housing Authority. The 70 units at Providence Renton House will be rented to households at or below 50% of the median income in King County (e.g., currently $30,000 a year for a one-person household). The project will meet “universal design” standards as well as HUD Minimum Property Standards. To accommodate the senior residents, the project will incorporate features such as low-gradient slope, roll-in showers, solid blocking for bathroom grab bars, wider door and hallway clearance and emergency call systems in each unit. Four of the units will be Type A ADA-accessible. All of the following HOF project eligibility criteria are met by the proposed project: o Providence Renton House is physically located within the Renton city limits; o The project is new construction and increases the available supply of affordable rental housing in Renton; and o The rental housing project is affordable to households earning no more than 60% of the median income in King County. 7e. ‐ Community and Economic Development Department requests  approval to award $25,000 from the Housing Opportunity Fund Page 46 of 122 HOF Award to Providence Health & Services for Providence Renton House Page iii of 3 Issue Paper January 28, 2011 h:\ced\city council\issue papers\2011\issue paper - housing opportunity fund - providence renton house 1-28-2011.doc Providence Renton House has an estimated total development and construction budget of $17,647,222. A combination of local, state and/or federal funds, plus private funds (including approximately $1.5 million from Providence Health & Services to help build the PACE center) will be used to complete the project. Although the City’s $25,000 of HOF funds is only 0.14% of the Providence Renton House total project cost, it helps to demonstrate to potential funding sources that the local jurisdiction supports the project. Providence Health & Services hopes to use the $25,000 to help leverage the remaining funds needed for the projected budget, a leverage of $1 of City funds for each $706 of projected total other funds. The HOF requires a minimum projected $1-to-$1 match and a preferred projected match of $1-to-$4. Providence Health & Services has requested to use the $25,000 in HOF to help pay for part of the approximately $750,000 in architectural costs to design the residential portion of the project. (This is an eligible use of the HOF funds.) Pending the receipt of the project’s additional funding this year, construction could proceed in 2012 and be completed about a year later. CONCLUSION: The $25,000 of HOF funds for the Providence Renton House will help support the development and construction of 70 units of affordable rental housing for low-income seniors. The $25,000 of HOF funds will help Providence Health & Services leverage the remaining funds needed to complete the project. The Providence Renton House is consistent with the Sunset Area Community Investment Strategy adopted in November 2009. The project supports the City’s 2011-2016 Business Plan goals to continue redevelopment efforts in the Highlands and “encourage and partner in the development of housing choices for people of all ages and income levels.” Attachments: ·Housing Opportunity Fund – Project Eligibility and Uses of Funds ·Providence Renton House map cc:Jay Covington, CAO Iwen Wang, Finance & IS Administrator Terry Higashiyama, Community Services Administrator Suzanne Dale Estey, Economic Development Director Chip Vincent, Planning Director Karen Bergsvik, Human Services Manager 7e. ‐ Community and Economic Development Department requests  approval to award $25,000 from the Housing Opportunity Fund Page 47 of 122 HOUSING OPPORTUNITY FUND (Adopted by Ordinance 5419 on November 10, 2008) PROJECT ELIGIBILITY AND USES OF FUNDS Projects must be physically located within the Renton city limits. Projects must serve low and/or moderate income households and/or special-needs populations as follows: ·First priority – New construction projects to increase the available supply of affordable housing in Renton with a preference for mixed-income projects. ·Second priority – Acquisition and/or rehabilitation of existing multi-family housing projects to increase the available supply of affordable housing in Renton. ·Third priority – Rehabilitation or remodeling of existing multi-family housing projects to maintain the facility as decent, safe, and sanitary affordable housing. ·Eligible projects offering home ownership opportunities, such as condominiums, townhouses, cottages, etc., must be affordable to households earning no more than 80% of the median income in King County. Eligible rental projects must be affordable to households earning no more than 60% of the median income in King County The funds are available to entities to support the project activities noted above, but may not be used to provide grants or other direct financial assistance to individuals. The entities that receive the funds must agree to maintain the housing as affordable for a minimum of ten years. The City’s funds may be used, for example, for seed money, local match, land acquisition, development costs, construction costs, etc. to support the project activities noted above. The City will strive to maximize leverage for other public and private funds with a minimum projected $1 to $1 match and preferred projected match of 1-to-4 ($1 of City funds for each $4 of projected other funds). Projects will have up to three years to use the City’s funds from the date the project’s funds are approved by the City Council. PROJECT ELIGIBILITY AND USES OF FUNDS Interested entities may submit an application to request funds at any time to the Department of Community and Economic Development Administrator The Department of Community and Economic Development Administrator will review the application in collaboration with an interdepartmental team and prepare a recommendation to the City Council for approval. 7e. ‐ Community and Economic Development Department requests  approval to award $25,000 from the Housing Opportunity Fund Page 48 of 122 Providence Renton House This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 2,316 City of Renton, Washington 386.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend 1: Feet386.00193.01 Notes Enter Map Description @ 8.5" x 11" Lakes and Rivers Parcels Zoning Resource Conservation Residential 1 du/ac Residential 4 du/ac Residential 8 du/ac Residential Manufactured Homes Residential 10 du/ac Residential 14 du/ac Residential Multi-Family Residential Multi-Family Traditional Residential Multi-Family Urban Center Center Village Center Downtown Urban Center - North 1 Urban Center - North 2 Commercial Office/Residential Commercial Arterial Commercial Office Commercial Neighborhood Industrial - Light Industrial - Medium Industrial - Heavy Street Names Rights of Way Streets Roads Jurisdictions Bellevue Des Moines Issaquah Kent King County Mercer Island Newcastle RENTON SeaTac Seattle Tukwila Aerial (March 2010) Red: Band_1 7 e .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e q u e s t s   a p p r o v a l   t o   a w a r d   $ 2 5 , 0 0 0   f r o m   t h e   H o u s i n g   O p p o r t u n i t y   F u n d   P a g e 4 9 o f 1 2 2 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Memorandum of Understanding with Valley Medical Center for the establishment of a Farmers Market at Valley Medical Center Meeting: Regular Council - 07 Feb 2011 Exhibits: Memorandum of Understanding Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Suzanne Dale Estey x6591 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$15,000.00 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City of Renton has agreed to help establish a Farmers Market at Valley Medical Center. The agreement entails payment of $15,000 by VMC for a Sunday market from June 12 through September 18, 2011 (a total of 15 weeks), from 12:00 pm – 4:00 pm. Approximately 15 vendors would sell fresh and local produce. The City believes facilitating and supporting the Farmers Market at Valley Medical Center will bring tremendous benefits to one of Renton’s major employers and community partners and its employees, as well as the surrounding businesses and residents in the surrounding neighborhoods. The City and VMC share common goals of improving key health indicators and supporting the health and wellness of the entire community. On January 24, 2011, the City Council approved a one-year, limited-term, .75-FTE position of Farmers Market Coordinator. For 2011, through market revenues and sponsorships, including this partnership with VMC, the Market is entirely self-sustaining and does not require a general fund contribution by the City. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign the MOU with VMC for the establishment of a Farmers Market at Valley Medical Center. 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 50 of 122 - 1 - Memorandum of Understanding (MOU) for the Farmers Market at Valley Medical Center between the City of Renton and Valley Medical Center This Agreement, made and entered into this ____ day of ____, 20___, by and between the City of Renton, a municipal corporation, hereinafter called the “City,” and Valley Medical Center, hereinafter called “VMC.” I. PURPOSE AND SCOPE The purpose of this MOU is to clearly identify the roles and responsibilities of each party as they relate to the upcoming establishment of the Farmers Market at Valley Medical Center. II.BACKGROUND The City of Renton has established by ordinance a Department of Community & Economic Development (CED) which, among other responsibilities, is responsible for working with the community to enhance the economic prosperity, vitality and livability of the community for those who live, work, learn and play in Renton. This includes staffing the Renton Community Marketing Campaign, a group of partners from the City, Renton Chamber of Commerce/Renton Visitors Connection, Valley Medical Center, Renton Technical College and the Renton School District, who work together to collectively market the Renton community to recruit and retain quality companies and new residents. As part of its economic development work and in partnership with its community partners, CED also manages the Renton Farmers Market. Valley Medical Center is the largest nonprofit healthcare provider between Seattle and Tacoma, serving over 400,000 residents. In addition to the hospital, the Medical Center operates a network of more than two dozen primary care, urgent care and specialty clinics throughout Southeast King County. VMC offers medical, surgical and 24-hour emergency care as a Level III Trauma Center. VMC is a regional resource with recognized medical specialties in joint replacement and orthopedics, neuroscience, stroke and spine, sleep medicine, and childbirth and neonatal care, and provides specialized heart and vascular, and cancer treatment. In discussions to date, the City of Renton has agreed to help establish the Farmers Market at Valley Medical Center. The scenario discussed to date entails a Sunday market from June 12 through September 18, 2011 (a total of 15 weeks), from 12:00 pm – 4:00 pm. Approximately 15 vendors would sell fresh and local produce as well as some or all of the following – baked goods, flowers, honey, seafood, cheese, eggs and meat. The City believes facilitating and supporting the Farmers Market at Valley Medical Center will bring tremendous benefits to Renton’s major employer and its employees, as well as the surrounding businesses and residents in the surrounding neighborhoods. The City and VMC share common goals of improving key health indicators of its residents and supporting health and wellness of the entire community. 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 51 of 122 - 2 - RESPONSIBILITIES UNDER THIS MOU – CITY OF RENTON City of Renton shall undertake the following activities: ·coordinate pre-market planning; ·supervise all market functions; ·manage on site market logistics, including volunteer coordination and customer relations; ·manage vendor recruitment, registration and retention, with a goal of recruiting and maintaining a total of 15 vendors at the Valley Medical Center market through the entire season; ·prepare and manage market budget and all bookkeeping; ·prepare and produce publicity materials, including website, e-mail and social media communications and coordinate marketing; ·interface with Seattle-King County Public Health; ·manage internal and external communications with City and community stakeholders; ·coordinate with regional and state farmers market organizations, including attending regular meetings and conferences; ·maintain and analyze weekly and annual market statistics; and ·conduct post market wrap up efforts. As part of its marketing efforts, the City agrees to include a promotion of the Farmers Market at Valley Medical Center in its spring “CityNews” newsletter and utility bill mailing. The City also agrees to distribute Farmers Market at Valley Medical Center posters widely around the community amongst businesses, arts/culture venues, City facilities, schools and neighborhoods. The City will include a Farmers Market at Valley Medical Center promotional statement on its digital reader board along SR 169. As part of its marketing relationship, the City will: ·provide VMC’s name, and logo recognition on City of Renton produced and paid printed materials including posters, flyers, print ads, weekly newsletters and all other marketing materials (as possible and appropriate); ·provide VMC recognition in media releases sent to local media; ·provide links to VMC’s website from City of Renton Farmers Market web page and the Farmers Market at Valley Medical Center web page. ·provide a space for the VMC Wellness Booth for business and public health information (distributing informational materials and free giveaways acceptable, no commercial sales allowed). ·provide prominent space for a banner, to be provided by VMC. IV.RESPONSIBILITIES UNDER THIS MOU – VALLEY MEDICAL CENTER Valley Medical Center shall undertake the following activities: ·In consideration for the City’s agreement to provide the marketing of VMC services as provided herein, VMC agree to pay $15,000 to the City for all services provided, payable 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 52 of 122 - 3 - in full by April 15, 2011, or in two installments of $7,500 by April 15, 2011, and $7,500 by October 31, 2011; ·provide physical location for market, including access to water and power; ·assist the Farmers Market Manager in recruiting volunteers including promoting Farmers Market at Valley Medical Center volunteer opportunities through its established employee and volunteer programs; ·assist with marketing, including promoting the Farmers Market at Valley Medical Center in its marketing materials and on its website as appropriate and consistent with established practices; ·provide an onsite VMC contact at all times during the hours of the Market; ·participate by phone in a majority of the monthly Renton Farmers Market Working Group meetings; ·set up and staff a “Wellness Booth” at each market, featuring VMC or related services; ·provide a representative from VMC to give an Official Welcome at the Opening Ceremony for the Farmers Market at Valley Medical Center ·agree to abide by the Rules and Regulations of the Washington State Farmers Market Association, Puget Sound Fresh and the Seattle-King County Department of Public Health. ·agree to abide by the Rules and Regulations of the City of Renton. V.IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: The term of this Agreement shall be for one year and subsequently may be renewed, after review by and approval of both parties, for such additional terms as the parties may agree. No party shall be responsible for events that are unforeseeable and beyond its reasonable control, such as acts of God, weather delays, government restrictions or unforeseen commercial delays. The City has the right to cancel an event due to inclement weather or for any other reason. The City will notify VMC immediately following the decision to cancel this event. Furthermore, the City will credit VMC with sponsorship opportunities at a future event worth the estimated value of the lost event, or at VMC’s request, the parties will negotiate another form of compensation. In no event will the value of the cancelled event be greater or less than the dollar value of the entire package contributed by VMC. In the event of any dispute over the interpretation or effect of this Agreement, the designated representatives of the parties shall meet, at the request of either, in an effort to resolve the dispute. If any dispute still remains, then the matter shall be referred to the City of Renton Chief Administrative Officer or his/her designee, and to the Chief Operating Officer, or his/her designee, for resolution. Good faith efforts of each party to meet and attempt to resolve such disputes as provided herein shall be a prerequisite to a party’s filing any litigation against the other party related to this Agreement. VI.INDEMNIFICATION: It is agreed that in consideration for this partnership VMC will defend, indemnify, and hold harmless the City of Renton, its elected and appointed officials, its employees and agents from any and all liabilities for claims, suits or demands, including fraudulent and groundless claims, 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 53 of 122 - 4 - suits or demands for personal injuries, including death, or for property damage or loss resulting from any VMC use of said facilities and/or property. This indemnification shall include any claims brought against one party by the employees of the other when otherwise immune from liability based on Title 51 RCW. VII.NOTICES: Unless otherwise directed in writing, the primary point of contact for the City shall be: Suzanne Dale Estey Economic Development Director City of Renton Community & Economic Development Department 1055 South Grady Way Renton, WA 98057 425-430-6591 sdaleestey@rentonwa.gov Unless otherwise directed in writing, the primary point of contact for Valley Medical Center shall be: Paul Hayes, RN Chief Operating Officer Valley Medical Center 400 South 43rd Street Renton, WA 98055 425-656-4081 paul_hayes@valleymed.org 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 54 of 122 - 5 - CITY OF RENTON Date Signature Title VALLEY MEDICAL CENTER Date Signature Title 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 55 of 122 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 56 of 122 7f. ‐ Community and Economic Development Department recommends  approval of a Memorandum of Understanding with Valley Medical Page 57 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: High school Golf Fee Waiver Meeting: Regular Council - 07 Feb 2011 Exhibits: Original Request Fee Waiver Form Submitting Data: Dept/Div/Board: Community Services Staff Contact: Kelly Beymer - Ext. 6617 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $2,900 approx. Transfer Amendment: $ Amount Budgeted: $ N/A Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Authorize a fee waiver for green fees and driving range fees associated with the Liberty High school girls golf team for practices and matches during the 2011 season. Liberty High School also participates in reciprocal use for facilities with the Recreation Department when needed. Community service work is required of the golf teams to assist the golf course with policing the driving range after use, repairing divots, picking up garbage and sand and seeding farways and par 3 tee boxes. STAFF RECOMMENDATION: Authorize Maplewood Golf Course to waive associated fees for Liberty High School girls golf team for the 2011 season. 7g. ‐ Community Services Department recommends waiving the 2011  high school golf team fees in the amount of $2,900 for the Lindbergh Page 58 of 122 H:\golf\manager\Fee Waiver Reduction Request Libertyhs 11.doc CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Name of Group:Liberty High School Girls Golf Team Group Contact Person: Stark Porter Contact Number:425-837-4807 Address:16655 SE 136th ST. – Renton 98059 Email Address: Date of Event:March 2011 – April 2011 Number in Party:12 Location:Maplewood Golf Course Type of Event:High School Golf – practice and matches Staff Contact Name/Telephone:Kelly Beymer – 430-6617 What is the total cost of the rental and applicable fees?Approx. $2,900 What is the cost of the fee waiver or reduction requested?$2,900 Describe event and explain reduction or waiver of fees: To promote Junior Golf within the school and continued relationship between High Schools and Community Services Recreation Dept. i.e., inter-local agreement. In addition, staff coordinates community service involvement with approved teams to assist the golf course with repairing divots, picking up garbage, and sanding and seeding of fairways. Staff Recommendation:Approve fee waiver for Liberty High School girls golf team for their 2011 season. Council Approval 7g. ‐ Community Services Department recommends waiving the 2011  high school golf team fees in the amount of $2,900 for the Lindbergh Page 59 of 122 H:\golf\manager\Fee Waiver Reduction Request Libertyhs 11.doc cc: 7g. ‐ Community Services Department recommends waiving the 2011  high school golf team fees in the amount of $2,900 for the Lindbergh Page 60 of 122 7g. ‐ Community Services Department recommends waiving the 2011  high school golf team fees in the amount of $2,900 for the Lindbergh Page 61 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: REACH (Renton Ecumenical Association of Churches) CROP Hunger Walk Picnic Shelter Fee Waiver Meeting: Regular Council - 07 Feb 2011 Exhibits: Orignal Request Fee Waiver Form Submitting Data: Dept/Div/Board: Community Services Staff Contact: Tim Williams ext. 6615 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $600 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Council to authorize a fee waiver for REACH to use the Picnic Shelters at Liberty and Riverview Parks for their annual CROP Hunger Walk on May 15, 2011. The Renton CROP Hunger Walk has helped the hungry for 28 years. REACH have raised a total of over $462,000 for hunger agencies, of which over $115,500 (25%) has been given to Renton hunger agencies. Local food agencies supported are the Salavation Army of Renton, The Friendly Kitchen, ARISE, and the Margie Williams Helping Hands Center. The Renton CROP Hunger Walk is one of nearly 1,600 CROP Hunger Walks in the USA, through Church World Service (CWS), a non-profit world hunger organization. The Renton CROP Hunger Walk involves local churches and the community in Renton. STAFF RECOMMENDATION: Authorize a waiver of fees in the amount of $600 for use of Liberty Park and Riverview Park Picnic Shelters for REACH to operate the CROP Hunger Walk on May 15, 2011. 7h. ‐ Community Services Department requests approval to waive picnic  shelter fees in the amount of $600 for the annual CROPWALK event on Page 62 of 122 7h. ‐ Community Services Department requests approval to waive picnic  shelter fees in the amount of $600 for the annual CROPWALK event on Page 63 of 122 7h. ‐ Community Services Department requests approval to waive picnic  shelter fees in the amount of $600 for the annual CROPWALK event on Page 64 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Rainier Ave S Transit Improvement Project (SR 167) Meeting: Regular Council - 07 Feb 2011 Exhibits: Agreement Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Juliana Fries, Program Development Coordinator, extension 7232 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ $8,164,617 (2011)Revenue Generated: $$500,000 Total Project Budget: $ $41,361,274 City Share Total Project: $ SUMMARY OF ACTION: WSDOT developed a roadway preservation project, to resurface Rainier Avenue South, from South Grady Way to South 7th Street. WSDOT contacted the City requesting information on any City project within the boundaries noted. The City is currently under design for the Rainier Avenue South project. The City and WSDOT agreed that it would be more efficient and less disruptive to have the resurfacing done as part of the Rainier Avenue South construction project. WSDOT agreed to allow the City to install the overlay as part of the City’s Rainier Avenue South project and will reimburse $500,000 for the work performed by the City. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a funding agreement with the Washington State Department of Transportation for resurfacing Rainier Avenue South and all subsequent agreements necessary to accomplish construction of this project and present the resolution for reading and adoption. 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 65 of 122 GCA6409 GCA6409 SR 167 FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON -SR 167- Rainier Avenue South Transit Improvement Project This Agreement is entered into by and between the STATE OF WASHINGTON Department of Transportation (STATE) and the CITY OF RENTON, a Washington municipal corporation having its principal place ofbusiness at 1055 South Grady Way, Renton, WA 98057-3232 (CITY). WHEREAS, the CITY is planning the construction of a roadway improvement project, entitled, "Rainier Avenue Transit Improvement Project," SR 26.41 to M.P.27.28 hereby referred to as the "CITY PROJECT," and WHEREAS, the STATE has developed a roadway preservation project titled, "SR 167, South Grady Way to South ih Street," , , hereinafter the "STATE PROJECT," which requires the performance of certain road work within the physical boundaries of the CITY PROJECT, and WHEREAS, the STATE has agreed to allow the CITY to perform Hot Mix Asphalt ("HMA") resurfacing and other associated work directly related to the resurfacing, collectively the "Work," that had originally been planned to be part of the STATE PROJECT, thereby relieving the STATE of any obligation to perform the Work, and to include performance of the Work in the scope of the CITY PROJECT in those locations within the CITY PROJECT where the CITY plans to widen a section of SR 167, from South Grady Way to South ih Street, MP. 26.44 to M.P. 26.71, and WHEREAS, the STATE has agreed to reimburse the CITY for the Work on the CITY PROJECT up to the estimated amount of funds that were allocated for that portion of the Work that was scheduled to be in the STATE PROJECT, and WHEREAS, the CITY acknowledges that State Route 167 is part ofthe National Highway System, and as such, the CITY agrees that it shall comply with Federal regulations for asphalt testing and administer the CITY PROJECT in accordance with the STATE's Local Agency Guidelines (LAG), NOW, THEREFORE, pursuant to RCW 47.28.140, RCW 47.24.020, and RCW 47.08.070, and in consideration of the provisions, terms, conditions, and performances contained herein or attached hereto and incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1 The STATE shall contribute a maximum amount of Five Hundred Thousand Dollars ($500,000.00) toward the Work to be performed by the CITY as part of the CITY PROJECT. 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 66 of 122 GCA6409 GCA6409 The CITY agrees to construct an overlay ofHMA Yz Inch PG 64-22 at a compacted depth of0.15 feet, and other associated work on SR 167, from M.P. 26.44 to M.P. 26.71.. 1.2 The Parties agree that the CITY shall submit to the STATE for review and approval only those documents pertaining to the Work to be performed under this Agreement and that the STATE's review and approval of those documents shall be governed by the processes provided for in the STATE's LAG Manual (M36-63), which shall by this reference be incorporated as Exhibit A to this Agreement as if fully attached. 1.3 The Parties acknowledge that this Agreement does not contain funding for the STATE's direct salary costs and related direct non-salary costs for qualified asphalt testing. If the CITY elects to use the STATE to perform qualified asphalt testing, it is the intent of the Parties that they will enter into a separate agreement for payment of such costs incurred by the STATE. 2. PAYMENT 2.1 The STATE agrees to reimburse the CITY for actual direct costs associated with performance of the Work in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00). 2.2 The CITY understands and agrees that Five Hundred Thousand Dollars ($500,000.00) is federally funded and is the maximum amount that the STATE will reimburse for the Work to be performed by the CITY. 2.3 The Parties acknowledge that Reciprocal Overhead Agreement OH00016 is applicable to this Agreement. 2.4 Upon completion ofthe Work, the CITY shall follow the invoice procedures outlined in A .!!! B, as follows: A. Submit one inclusive first and final itemized billing invoice to the STATE's representative, Ed Conyers, NWR Local Programs Engineer, PO Box 33010, Seattle, WA 98133-97010, for the direct costs associated with performance of the Work not to exceed $500,000.00. The STATE shall provide payment in full within thirty (30) calendar days upon receipt of an itemized invoice from the CITY. The invoice shall be clearly labeled "First and Final." Ifthe STATE objects to all or any portion ofthe invoice, the STATE shall notify the CITY within twenty (20) calendar days upon receipt of the CITY invoice. If only a portion of the invoice is disputed, the STATE agrees to pay the undisputed portion of the invoice. The Parties shall immediately make every effort to settle the disputed portion of any invoice. B. Submit itemized progress billing invoices to the STATE for the actual direct salary and related direct non-salary costs of the Work up to but not to exceed $500,000.00. The STATE shall provide payment in full to the CITY within thirty (30) days of receipt of an itemized invoice. No more than one invoice per month shall be submitted to the STATE by the CITY. It is agreed that any such partial payment shall not constitute agreement as to 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 67 of 122 GCA6409 GCA6409 the appropriateness of any item and that, at the time of final payment, all required adjustments will be made and reflected in a final payment. 2.5 The CITY understands and agrees that all itemized invoice(s) shall be received by the STATE on or before June 30, 2013. 3. MAINTENANCE AND OPERATIONS 3.1 The CITY agrees to assume responsibility for all maintenance and operations for the roadway surface within that portion ofSR 167 between M.P. 26.44 and M.P. 26.71 that is used for state highway purposes, from the date of execution of this Agreement until the STATE accepts the CITY's Work, as set forth in Section 10. 4. DEFAULT 4.1 Should the CITY default on the terms of this Agreement, the STATE may assume responsibility for and perform the Work. 4.2 The CITY agrees to reimburse the STATE for any default by the CITY and/or its contractor that caused the STATE to correct the Work. The CITY agrees to reimburse the STATE for costs associated with said corrective Work within thirty (30) calendar days from receipt of detailed invoice. 5. TERMINATION 5.1 This Agreement shall terminate, except as otherwise provided herein, when the Work is completed, the Work has been accepted by the STATE, and payment is received. Neither the STATE nor the CITY may request termination ofthis Agreement without the concurrence ofthe other Party. Termination shall be in writing and signed by both Parties. 6. NOTICE 6.1 All communications regarding this Agreement shall be sent to the Parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective three days after the date of the communication. City of Renton Transportation Planning & Programming Attention: Jim Seitz South Grady Way Renton, WA 98057 Washington State Department of Transportation Local Programs Attention: Ed Conyers P.O. Box 330310 NB82-121 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 68 of 122 GCA6409 GCA6409 Seattle. WA 98133-9710 7.TERM OF AGREEMENT 7.1 This Agreement shall begin on the date this Agreement is entered into and terminate upon completion of all obligations by the Parties pursuant to the provisions of this Agreement. Termination, pursuant to Section 5, shall not relieve the Parties of their respective obligations up to the date of termination. 8. AUDIT and RECORDS 8.1 During construction ofthe CITY PROJECT and for a period of not less than three (3) years from the date of final payment by the STATE, the records and accounts pertaining to the construction of the Work shall be maintained and made available by the CITY for inspection and audit by the state and federal government and for use in the event of any litigation, claim or other necessary purpose. 9. INDEMNIFICATION 9.1 The CITY shall protect, defend, indemnify, and hold harmless the STATE, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from the CITY's construction, operation and/or maintenance of the CITY PROJECT and the Work to be performed pursuant to the provisions of this Agreement. The CITY will not be required to indemnify, defend or save harmless the STATE if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the STATE. Where such claims, suits, or actions result from the concurrent negligence of both Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. 9.2 The indemnification shall survive the termination of this Agreement. 10. WORK ACCEPTANCE 10.1 Prior to STATE's acceptance of the Work, the CITY and the STATE will perform a joint final inspection ofthe Work performed by the CITY within the mile post limits of the STATE PROJECT which are within the physical boundaries of the CITY PROJECT. The STATE agrees, upon satisfactory completion ofthe Work, to deliver a letter of acceptance to the CITY for the Work performed by the CITY. The letter of acceptance shall not waive any potential claims against the CITY and its contractor for defective work or materials. The STATE reserves the right to require the CITY to remedy any and all Work deficiencies. 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 69 of 122 GCA6409 GCA6409 10.2 The STATE may reasonably withhold acceptance of the Work by submitting written notification to the CITY within sixty (60) calendar days following final inspection of the Work. This notification shall include specific reason(s) for withholding the acceptance. 10.3 If a letter of acceptance is not received by the CITY within sixty (60) calendar days following the joint final inspection, the Work shall be considered accepted by the STATE, but such acceptance shall not act to release the CITY from or waive any right or claim of the STATE for defective work or materials. 11. AMENDMENT 11.1 This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 12. ASSIGNMENT 12.1 Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without the prior written consent of the other Party. 13. DISPUTE RESOLUTION 13.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: The CITY and the STATE shall each appoint a member to a disputes resolution board (Board). These two members shall then select a mutually agreeable third member, not affiliated with either Party to be part of the Board. The Board shall review all pertinent facts, data, contentions, and so forth to make a non-binding determination within thirty (30) calendar days of such referral. The Parties shall be responsible for their own costs, including attorney fees, and shall share equally the costs of the selected third Board member. 14. SEVERABILITY 14.1 Should any part, term or provision of this Agreement be determined to be invalid, the remainder of this Agreement shall not be affected, and the same shall continue in full force and effect. 15. VENUE 15.1 This Agreement shall be interpreted in accordance with the laws of the state of Washington. In the event either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the STATE and the CITY agree that the Superior Court of Thurston County, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. Further, the Parties agree that each will be solely responsible for payment of its own attorneys fees, witness fees, and costs. 16. WAIVER 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 70 of 122 GCA6409 GCA6409 16.1 A waiver of any breach by either Party shall not constitute a waiver of any subsequent breach. 17. AUTHORIZED SIGNATURES 17.1 By their signatures below each Party represents that they have taken all necessary steps and are fully authorized to sign for and on behalf of the named principal above. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the Party's date last signed below. CITY OF RENTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Denis Law Mayor RussellS. East, P.E. Northwest Assistant Regional Administrator Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Assistant Attorney General Date Date 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 71 of 122 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ENTITLED "SR 167 FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON". WHEREAS, the City is planning the construction of a roadway improvement project entitled, "Rainier Avenue Transit Improvement Project", hereinafter the "City Project"; and WHEREAS, the State of Washington Department of Transportation ("State") has developed a roadway preservation project entitled, "SR 167, South Grady Way to South 7th Street", hereinafter the "State Project", which requires the performance of certain road work within the physical boundaries of the City Project; and WHEREAS, the State has agreed to allow the City to perform Hot Mix Asphalt ("HMA") resurfacing and other associated work directly related to the resurfacing, collectively the "Work", that had originally been planned to be part of the State Project, thereby relieving the State of any obligation to perform the Work, and to include performance of the Work in the scope of the City Project in those locations within the City Project where the City plans to widen a section of SR 167, from South Grady Way to South 7th Street, M.P. 26.44 to M.P. 26.71; and WHEREAS, the State has agreed to reimburse the City for the Work on the City Project up to the estimated amount of funds that were allocated for that portion of the Work that was scheduled to be in the State Project; and WHEREAS, it is necessary to document the terms and conditions of the reimbursement to the City; 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 72 of 122 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with State of Washington Department of Transportation entitled "SR 167 Funding Agreement Between the State of Washington Department of Transportation and the City Of Renton". PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1492:l/19/ll:scr 7i. ‐ Transportation Systems Division recommends approval of a funding  agreement in the amount of $500,000 with the Washington State Page 73 of 122 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Agreement with Puget Sound Regional Transit Authority to Reaffirm Commitment Toward Funding on Rainier Avenue Arterial Improvements and Strander Blvd/SW 27th Street Extension Projects Meeting: Regular Council - 07 Feb 2011 Exhibits: Agreement Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Rich Peteet, Deputy PW Administrator--Transportation, extension 7242 Recommended Action: Refer to Transportation Committee Fiscal Impact: Expenditure Required: $ n/a Transfer Amendment: $ Amount Budgeted: $ n/a Revenue Generated: $$18,900,000 Total Project Budget: $ n/a City Share Total Project: $ SUMMARY OF ACTION: This agreement supersedes a prior agreement (CAG 06-069) with Puget Sound Regional Transit Authority (Sound Transit) that contributed $18,900,000 to the City's Rainier Avenue Arterial Improvements Project ($14,900,000) and Strander Boulevard/SW 27th Street Extension Project ($4,000,000). This new agreement reaffirms Sound Transit's commitment to provide funding for both of these projects. The funding commitment remains unchanged; the new agreement reflects the current design of the projects and establishes a funding schedule for construction. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the agreement with the Puget Sound Regional Transit Authority to reaffirm their commitment to provide funding for the Rainier Avenue Arterial Improvements and Strander Blvd/SW 27th Street Extension Projects and present the resolution for reading and adoption. 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 74 of 122 AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF RENTON THIS Agreement is made this day of , 2011 between the Central Puget Sound Regional Transit Authority (hereinafter referred to as "SOUND TRANSIT" or "ST") and the City of Renton, a municipal corporation ("Renton" or "City"). RECITALS WHEREAS, the City is a municipal corporation with all powers necessary to construct public improvements within its jurisdiction; WHEREAS, Sound Transit is a governmental entity vested with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce, and Snohomish Counties as provided in RCW 81.104 and 81.112; and WHEREAS, Sound Transit and the City recognize the need to collaborate on the design and development of transit improvements to effectively and efficiently provide bus service to the City of Renton and the surrounding area; and WHEREAS, constructing and operating transit improvements within the region is a complex task, requiring maximum cooperation and efficient utilization of resources between the parties, and the parties recognize the efficiencies and economies inherent in jointly designing and constructing the transit improvements funded by Sound Transit contemporaneously with general purpose improvements funded by the City; and WHEREAS, the City and Sound Transit have committed to work together in partnership since 2005 toward successful completion of the Tukwila Sounder Station project and certain City street improvement projects as evidenced by letters, an interlocal cooperative agreement and three amendments to that agreement; and WHEREAS, the City, in partnership with Sound Transit, has been moving forward with its Strander Boulevard street project, however, the City and Union Pacific Railroad ("UP") were unable to reach agreement for the relocation of the UP track to the east alongside Burlington Northern Santa Fe ("BNSF") tracks which would have allowed Strander Boulevard to cross over the combined tracks, and therefore the City has altered the design to include undercrossing of the railroads and will provide direct access from Strander Boulevard to the Tukwila Sounder Station; and WHEREAS, the Rainier Avenue project will provide Sound Transit and King County Metro express bus service to improve travel times through the heavily congested Rainier Avenue and achieve a significant time saving in both the northbound and southbound directions; and WHEREAS, the City will serve as the lead agency for environmental review, design and construction of the two street improvement projects described in this Agreement including that portion of the Strander Blvd Project located within the City ofTukwila; and 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 75 of 122 WHEREAS, the transit and general purpose improvements in both of the City's street improvement projects are supported by the Renton City Council and endorsed by Sound Transit; and WHEREAS, Sound Transit previously committed to provide funding for the two City street projects described in this Agreement and hereby reaffirms its commitment to provide funding as described in this Agreement which is intended to replace all prior agreements; and NOW THEREFORE, in consideration of the above premises, the parties wish to enter into this Agreement to provide for funding for the right-of-way acquisition, final design and construction of the Projects described herein. 1. PURPOSE This Agreement will provide for the funding of right-of-way acquisition, final design and construction of the Transit Elements described in this Agreement that will be constructed by the City in connection with the following City street improvement projects: a. Strander Boulevard/SW 27th Street Extension: West Valley Highway to Oakesdale Ave. S.W Project, (hereafter "Strander Blvd Project" or "City Project"), and b. Rainier Avenue Arterial Improvements Project ("Rainier Avenue Project" or "City Project"). 2. COOPERATION AND GOOD FAITH EFFORTS Both parties acknowledge that the success of the regional transportation program requires their willingness to work collaboratively to achieve the goals and objectives articulated in this Agreement. The Parties understand and agree that the process described in this Agreement depends upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with regard to any aspect ofthe work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each party agrees to work cooperatively and in good faith toward resolution of any such issues. 3. GENERAL FUNDING APPROACH 3.1 Sound Transit Funding Commitment. 3.1.1 Strander Boulevard Project. Sound Transit shall reimburse the City a maximum, not to exceed amount, of Four Million Dollars ($4,000,000) for the Strander Blvd Project, PROVIDED, however, that this amount shall be reduced by the value of that portion of Sound Transit's real property which will be conveyed to the City of Tukwila for the Strander Blvd Project as described in Section 4.4 of this Agreement. 3.1.2 Rainier Avenue Project. Sound Transit shall reimburse the City a maximum not to exceed amount ofFourteen Million Nine Hundred Thousand Dollars ($14,900,000) for the Rainier Avenue Project. 3.1.3 Tukwila Sounder Station. During development of the Strander Blvd Project, the Parties may determine that certain elements of the Strander Blvd Project have 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 76 of 122 mutual benefit to the Tukwila Sounder Station project. Upon mutual agreement of cost sharing between the City and Sound Transit in an amendment to this Agreement or subsequent separate agreement, these elements will be constructed by the City with funding contributions from Sound Transit. 3.1.4 Funding Schedule. Sound Transit's payments to the City for the Strander Blvd and Rainier Avenue Projects shall be made as described in Section 7.3 ofthis Agreement and consistent with the funding schedule attached and incorporated herein as Exhibit "A." 3.2 City Funding Commitment. The City shall be responsible for all remaining costs for the two City Projects over and above Sound Transit's contributions to the City Projects. If the actual costs exceed the City's estimates for the two Projects, Sound Transit shall not be obligated to increase its contribution under this Agreement. Ifthe total City Project costs exceed the available matching funding from the City or other sources, the City may reduce the scope of the general purpose improvements, but in no event shall the City reduce the size and scope of the Transit Elements, unless written approval is received from Sound Transit. 3.3 Funding Principles. The Parties agree that the following principles apply to this Agreement: 3.3.1 Sound Transit acknowledges that the City is proceeding with final design, environmental review, permitting, and right-of-way acquisition for both City Projects and is committed to participate in funding those elements of the City Projects as described in this Agreement. 3.3.2 Sound Transit will not be obligated to make its funding commitments under this Agreement.ifthe City substantially changes the Transit Elements described in Section 4.3 of this Agreement without Sound Transit's prior written consent. 3.3.3 Any cost savings achieved by the City in completing the Transit improvements will be applied to reduce Sound Transit's funding commitment under this Agreement for the City Projects, unless additional, mutually agreeable, transit-supportive capital improvements are identified. 3.3.4 Termination of Funding Commitments. Sound Transit recognizes that the City has made good faith efforts to secure funding for the permitting, environmental documentation, design and construction of the City Projects, and that a significant amount of City funds has been expended to date. City funds, Sound Transit funds, and various grant funds have been used to develop the City Projects to the current point of approximately 60% design completion. In the event that a City Project does not advance beyond design to construction for any reason, Sound Transit's future funding commitments under this Agreement for that City Project shall terminate. 4. SCOPE AND SCHEDULE 4.1. Scope. 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 77 of 122 4.1.1 Strander Boulevard Project: General Project Scope Description. The Strander Boulevard Project is located within Renton City limits on SW 27th Street and Tukwila City limits on Strander Boulevard. The Project includes the design and construction of a new east-west arterial roadway that will connect the cities of Renton and Tukwila, and provide significant congestion relief to existing arterials. The anticipated Project scope includes building a new multiple lane arterial from West Valley Highway to Oakesdale Avenue SW, including a grade-separated crossing of the Union Pacific and the Burlington Northern Santa Fe railroad tracks, an embankment to be incorporated into the Tukwila Station Project, and a direct access connection from Strander Boulevard to the Tukwila Sounder Station parking lot. The Project will also include construction of curb and gutters, landscape planter/median strips, sidewalk, and a shared-use pathway. The Project will include the Transit Elements defined below, and will have quantifiable benefits to transit in improving transit speed and reliability, specifically to the Tukwila Sounder Station. It is anticipated that, due to the overall cost of the Project, that construction will be phased over several years as follows: Phase 1 (completed in 2006)- New roadway from Oakesdale Avenue to Naches Avenue. Phase 2 (current phase covered by this Agreement)- Construction of the BNSF undercrossing and a two lane roadway from Naches Avenue to the Tukwila Sounder Station, to include a connection at the southwest corner of Tukwila Sounder Station for vehicles. Phase 3 (future phase dependent upon additional funding)- Construction of the UPRR undercrossing and completion of the multiple lane roadway from Naches Avenue to West Valley Highway, to include relocated connections at the southeast corner of Tukwila Sounder Station for vehicles, bicycles, and pedestrians. This phase may be further staged as funding becomes available. 4.1.2 Rainier Avenue Project: General Project Scope, Description. The Rainier Avenue Project is located within the Renton City limits on Rainier Avenue South from the intersection of South 2nd Street to the vicinity of the intersection of South Grady Way. The Project will include the design and construction of north and southbound business access and transit ("BAT") lanes on Rainier Avenue South that will allow Sound Transit and King County Metro express bus service to reduce travel time through the heavily congested Rainier Avenue corridor. Sidewalks and planting strips all along Rainier Avenue South will also need to be rebuilt for non-motorized travel. Rainier Avenue South will receive improved transit rider facilities (benches, shelters, information kiosks, etc.), landscaped medians, vehicle left turn restrictions, widened sidewalks (including new planter strips and pedestrian scale lighting), and concrete pavement at the approaches to key intersections and pedestrian crossings. 4.2 Renton's Responsibility. As lead agency, Renton will be responsible for completion of all aspects of the two City Projects described herein, including, but not limited to, environmental documentation, final design, permitting, and construction, and will 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 78 of 122 supply the additional funding for all remaining costs of the final design and construction associated with the City Projects. 4.3 Transit Elements. 4.3.1 Strander Boulevard Project - Transit Elements. The City will incorporate the following transit improvements (hereinafter "Transit Elements") into its final design and environmental documentation of the Strander Boulevard Project: Phase 2 a. Construction of temporary direct access from Strander Boulevard into Tukwila Sounder Station for busses and other vehicular traffic. b. Construction of frontage improvements along Strander Boulevard, including facilities for pedestrians and bicycles. The cost of these frontage improvements includes all work required for construction of Strander Boulevard along the Tukwila Sounder Station frontage, and is not limited to the cost of the roadway. c. Construction of an embankment that may serve both the Strander Blvd Project and the Tukwila Sounder Station project. d. Construction of a new BNSF railroad bridge along the SW 27th Street alignment that will include foundations for the new BNSF third and proposed fourth rail bridges. e. Provision of environmental mitigation that will serve both the Strander Project and the Tukwila Sounder Station Project. Phase 3 a. Queue jump improvements at the intersections of SW 27th Street and the Boeing access road; SW 27th Street and Oakesdale Avenue SE; and SW 27th Street and Lind Avenue SW, to be installed when warranted. b. Construction of permanent direct access from Strander Boulevard into Tukwila Sounder Station for pedestrians, bicycles, busses and other vehicular traffic. 4.3.2 Rainier Avenue Project- Transit Elements. The City will incorporate the following Transit Elements into the Rainier Avenue Project: a. A northbound and a southbound business access and transit (BAT) lane on Rainier Avenue South. b. Upgraded bus stops and improved rider access to the existing bus stops. 4.4 Transfer of Sound Transit Property. Upon completion of the Strander Blvd Project Phase 2, Sound Transit will convey to the City of Tukwila approximately 12,586 square feet of real property currently owned by Sound Transit, as right-of-way for the Strander Blvd Project. The Parties agree that the value ofthe subject property is $18 (Eighteen Dollars) a square foot and that total amount of Sound Transit's funding 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 79 of 122 contribution to the City of Renton for the Strander Blvd Project shall be reduced by the value of the actual square foot amount of real property conveyed to the City ofTukwila multiplied by this agreed upon square footage cost. Sound Transit will provide the City of Renton with a license for use of the subject real property during construction of the Strander Blvd Project. 5. SOUND TRANSIT PROJECT PARTICIPATION 5.1 Review -Final Design. Renton will provide to Sound Transit the Final Design (60%, 90%, and 100% plans) as well as the Invitation to Bid documents for the City Projects for review and comments. Within two weeks of receipt of the plans, Sound Transit will review and submit to the City its comments in hard copy and electronic copy of the 60%, 90%, 100% and IFB submittal including the engineer's estimates. Sound Transit will provide an electronic comment form, which will be used during the comment and response period. 6. CITY OF RENTON RESPONSIBILITIES FOR COMPLETION OF CITY PROJECTS 6.1 Final Design and Construction Phases. The City will proceed with the final design, right-of-way acquisition, and construction phase for the City Projects. The City's anticipated responsibilities for completion of the remaining phases of the City Projects are as described below. A. Final Design Phase. Upon execution of this Agreement, the City will commence the following activities: a. Complete final design. b. Respond to Sound Transit's plan review comments within six weeks of receipt by the City. c. Provide a hard copy and electronic copy of the 60%, 90%, 100% plan sheets and the Invitation for Bid (IFB) submittal, including the engineer's estimates, to Sound Transit. d. Process the monthly progress payments by the Consultant. e. Provide monthly invoices to Sound Transit per Exhibit A. f. Provide monthly status reports to Sound Transit. g. Provide day-to-day management of the bidding phase including collection, distribution and responses to request for information, bid openings and bid evaluations. B. Permitting and Environmental Documentation. The City shall be the lead agency responsible for completing all environmental documentation required by the State Environmental Policy Act (SEPA) or the National Environmental Policy Act (NEPA). The City will be solely responsible for obtaining all permits for the City Projects. The City Project improvements that are located within the City ofRenton right-of-way will be permitted in accordance with City of Renton guidelines 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 80 of 122 and regulations. The City of Renton will establish the most expeditious strategy for completing all necessary permits and approvals required for those City Project elements located with City of Renton right-of-way, subject to its land use and environmental requirements. The City Project improvements that are located within the City of Tukwila will be permitted in accordance with City of Tukwila procedures in effect. C. Real Estate Acquisition. It is anticipated by the Parties, that the City will assume ownership or accept right-of-way dedication for all properties for the City Project except for that portion of Sound Transit real property conveyed to the City of Tukwila for the Strander Boulevard Project as described in Section 4.1.1 above. The City will be responsible for identifying and acquiring the parcels required for the City Projects. Sound Transit will provide staff review of surveys for proposed real estate acquisitions, if requested by the City. D. Utility Relocation. The City will exercise its municipal powers to the fullest extent to cause all utilities in the public right-of-way to be relocated as necessary for the construction of City Projects, and the City shall coordinate with the City ofTukwila to cause relocation of utilities in the right-of- way under the City of Tukwila's jurisdiction as necessary for the construction of the City Projects. E. Documents Provided to Other Party. a. The City will provide to Sound Transit copies of all environmental project documents issued under NEPA or SEPA for the City Projects. The City shall provide to Sound Transit the following during construction of the City Projects: a. Monthly status reports b. Periodic invoices to Sound Transit for project costs as provided in the applicable funding agreement. c. Hard copy (and electronic, if available) Conformed set (for construction), specifications (complete set) and estimates. F. Ownership oflmprovements. All improvements constructed within public right of way will remain in the ownership of the city with jurisdiction over the public right of way. 7. GENERAL TERMS The following general terms are applicable to this Agreement. These terms may also be included in any subsequent agreements between the Parties. 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 81 of 122 7.1 Indemnification. To the extent permitted by law, the Parties to this Agreement shall protect, defend, indemnify, and save harmless the other Party, and its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands, judgments, damages, or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or are connected to, or are due to any acts or omissions of the indemnifying Party. No Party shall be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnification. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each Party agrees that its obligations under this indemnification section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party upon prompt notice from the other Party shall assume all costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. This indemnification shall survive the termination of this Agreement. 7.2 Insurance. The City shall maintain insurance and self-insurance in amounts and type customarily maintained by the City for the risks assumed under this Agreement. The City shall further require its contractors and subcontractors to maintain insurance in amounts and types suitable to protect both the City and Sound Transit from exposures presented by the work performed under this Agreement. The City shall require its contractors and subcontractors to name Sound Transit as an "additional insured" on insurance policies required for the performance of the work under this Agreement, and require such insurers to waive their right of subrogation against Sound Transit. If the City is self-insured for the work, it shall provide evidence of its self-insurance program to Sound Transit's Risk Manager. 7.3 Invoices and Payment. Sound Transit shall pay the City within thirty (30) calendar days of receipt of properly submitted invoice consistent with the schedule outlined in Exhibit "A." The City shall submit all invoices and supporting documentation necessary to verify the actual costs it incurred in completing its responsibilities under this Agreement to: Sound Transit, Accounts Payable, 401 South Jackson, Seattle, Washington 98104-2826. Invoices shall bear the name and address of the party's Designated Representative, and reference this Agreement. Sound Transit reserves the right to withhold payments pending timely delivery and proper completion of the reports or documents as may be required under this Agreement. 7.4 Final Payment. Sound Transit shall make a Final Payment to the City upon substantial completion of construction of each City Project, and upon final inspection and written acceptance by Sound Transit's authorized representative. 7.5 Reports and Documentation. Sound Transit may require the City to submit other financial documents to verify that the expenditures are related to the City Project work 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 82 of 122 funded by this Agreement, including, but not limited to, (1) work statements or payroll records, (2) invoices for materials and supplies, (3) statements from professionals for services rendered, (4) certification by the City of materials and services satisfactorily rendered, and (5) an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the City. The City shall provide any plans, specifications, accounting records or other documents needed to satisfy requests from federal funding agencies for information to comply with Sound Transit's funding requirements. 7.6 Availability of Records. All Project records in support of all costs incurred and actual expenditures kept by the City and its contractors shall be open to inspection by Sound Transit or its federal funding agency during normal business hours, and shall be retained and made available for such inspection for a period of not less than six (6) years from final payment of funds under this Agreement to the City. Copies of said records shall be furnished to Sound Transit and/or its federal funding agency upon request. This requirement shall be included in all subcontracts related to the work entered into by the City to fulfill the terms of this Agreement. 7.7 Audit. If an audit is requested by Sound Transit or its federal funding agency, the City shall cooperate fully with the auditor chosen by Sound Transit or the federal funding agency. If an audit is required, the City will provide documentation of all costs incurred on the Project. In the event that Sound Transit has paid in excess of its final funding commitment under this Agreement, the excess amount will be repaid to Sound Transit within thirty (30) days of the conclusion of the audit. 7.8 Contract Administration. To fulfill its respective responsibilities under this Agreement, each Party shall be solely responsible for the administration of and the completion and quality of work performed under any contracts executed by the Party. In no event shall any contract executed by a Party be construed as obligating the other Party or Parties to this Agreement. Any claims arising out of the separate contracts of each Party for work under this Agreement are the sole responsibility of the Party executing and administering such separate contracts. All contracts shall comply with all applicable public works and procurement laws and regulations, including, but not limited to, applicable bonding, prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirements. 7.9 Dispute Resolution. The Parties will work collaboratively in accordance with the following steps to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of authority. The Designated Representatives shall use their best efforts to resolve disputes and issues arising out of or related to this Agreement. Each Designated Representative shall notify the other in writing of any problem or dispute the Designated Representative believes needs formal resolution. This written notice shall include: (1) a description of the issue to be resolved; (2) a description of the difference between the Parties on the issue; and (3) a summary of steps taken by Designated Representative to resolve the issue. The Designated Representatives shall meet within three (3) business days of receiving the written notice and attempt to resolve the dispute. In the event the Designated Representatives cannot resolve the dispute, and that dispute is not subject to some other formal appeal process, the Sound 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 83 of 122 Transit Chief Executive Officer or his/her designee and the Mayor of Renton or her/his designee shall meet within seven (7) business days of receiving notice from a Designated Representative and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each ofthese procedural steps is exhausted. If any applicable statute of limitations will or may run during the time that may be required to exhaust the procedural steps set forth above, the Parties agree to seek an order to suspend any proceeding filed in a court of law while the procedural steps set forth above are satisfied. 8. TERMINATION FOR DEFAULT Either Party may terminate this Agreement, in whole or in part, in writing, if the other Party substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the other party, provided that insofar as practicable, the Party terminating the Agreement will provide: a. Written notice of intent to terminate at least thirty (30) calendar days prior to the date of termination stating the manner in which the other Party has failed to perform the obligations under this Agreement; and b. An opportunity for the other Party to cure the default within at least thirty (30) calendar days of notice of the intent to terminate. In such case, the Notice of Termination will state the time period in which cure is permitted and any other appropriate conditions. If the other party fails to remedy the default or the breach to the satisfaction of the other Party within the time period established in the Notice of Termination or any extension thereof, granted by the Party not at fault, this Agreement shall be deemed terminated. Notwithstanding the above, the City reserves the right, at its sole discretion, to terminate the construction of the City Projects due to financial or environmental issues. 9. OWNERSHIP OF PROJECT IMPROVEMENTS Upon completion of the Project improvements, the City shall retain ownership of the Project improvements in the public right-of-way, except for that portion of the Strander Blvd Project located within the City of Tukwila public right-of-way, subject to the conditions of Section 10. 10. PRESERVING SOUND TRANSIT'S INVESTMENT 10.1 Transit Use. Upon completion, the Transit Elements will be dedicated for transit use for the useful life of the improvements, which is assumed to be forty (40) years. The City will consult with Sound Transit and obtain written approval from Sound Transit prior to implementing any change to the operating characteristics of the Transit Elements within the City of Renton city limits that would cause a change in the functional use of the improvements, including a change in the use of the improvements from transit use to general purpose use. A change in functional use means the transit improvement can no longer be 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 84 of 122 used by Sound Transit for the purpose for which it was designed, constructed and funded, including a change from transit to general-purpose use. 10.2 Reimbursement. In the event that there is a change in the functional use of any of the Transit Elements in a manner that substantially precludes the transit use of the improvement by Sound Transit, Sound Transit shall be reimbursed the undepreciated then- remaining amount of its original contribution under this Agreement and any subsequent funding agreements. That amount shall be determined using the straight-line method of depreciation of the original funding contribution over the useful life of the transit improvement; assuming, for this purpose, a forty (40) year useful life. The then-remaining amount shall be determined at the time of the change in functional use, and reimbursement shall be due at that time and payable within thirty (30) days. Sound Transit may agree to waive this reimbursement requirement. None of the costs and expense associated with the original design, surveys, or preparation of environmental documentation of the Transit Elements shall be included in any reimbursement. 11. GENERAL LEGAL PROVISIONS 11.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out ofthis Agreement shall be brought in King County Superior Court. 11.2 No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the City and any employee, agent, representative or contractor of Sound Transit. 11.3 No Agency. No separate entity is created by this Agreement. No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of the other party. 11.4 No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the Parties. 11.5 Severability. If any of the terms and conditions of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full force and effect. 11.6 Designated Representatives. The designated representatives for the City of Renton shall be the City's Public Works Administrator. The City of Renton's Transportation Design Supervisor shall also be a designated representative. The Sound Transit designated representative shall be the Sound Transit Executive Director of Design Engineering and Construction Management and the Project Director. 11.7 Notices. All notices to be provided under this Agreement shall be in writing and shall be hand-delivered or sent by US Mail, and shall be deemed received upon delivery or, in the case of notice sent by mail, five (5) business days after deposit in the US Mail. 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 85 of 122 Notices to the City shall be sent to the following address: City of Renton c/o Transportation Systems Division 1055 South Grady Way 5th Floor- Renton City Hall Renton, WA 98055 Notices to Sound Transit shall be sent to the following address: Sound Transit c/o Design Engineering & Construction Management 401 S. Jackson Seattle, WA 98104 11.8 Entire Agreement. This Agreement, including its Recitals and Exhibits, embodies the Parties entire Agreement on the matters covered by it, except as supplemented by subsequent amendments to this Agreement. All prior negotiations, letters, and written agreements and amendments thereto are superseded by this Agreement. This Agreement may be amended only by a written instrument executed by each of the Parties hereto. 11.9 Execution of Agreement. This Agreement shall be executed in two (2) counterparts, any one of which shall be regarded for all purposes as one original. IN WITNESS WHEREOF, the Parties hereto hereby agree to the terms and conditions of this Agreement as of the date first written above. For the City of Renton: For Sound Transit: By: Denis Law Title: Mayor By: Joan M. Earl Title: ChiefExecutive Officer Approved as to Form: Approved as to Form: By: Title: Renton Legal Counsel Attest: By: Bonnie I. Walton Title: Renton City Clerk 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 86 of 122 By: Stephen G. Sheehy Title: Sound Transit Legal Counsel 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 87 of 122 Exhibit A Project Development & Funding Schedule Strander Boulevard Phase 2 Schedule Final Design July 2010 - May 2011 Construction April 2011- September 2012 Funding Design activities, monthly billing,not to exceed $1,000,000 Construction 30% complete Construction 60% complete Construction substantially complete TOTAL Strander Boulevard Phase 2 Funding Rainier Avenue Arterial Improvements $1,000,000 $1,000,000 $1.000.000 $4,000,000 Final Design,Environmental and Right of Way May 2006 - May 2011 Construction June 2011- March 2013 Funding Design activities, monthly billing,not to exceed $7,000,000 Construction Rainier Avenue Railroad overpass Street Construction 30% complete Street Construction 60% complete Street Construction substantially complete TOTAL Rainier ArterialImprovements Funding $2,500,000 $ 1,425,000 $2,550,000 $1.425.000 $14,900,000 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 88 of 122 CITY OF RENTON, WASHINGTON RESOLUTION NO. _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERlOCAlAGREEMENT WITH CENTRAl PUGET SOUND REGIONAl TRANSIT AUTHORITY REGARDING THE STRANDER BOULEVARD PROJECT AND THE RAINIER AVENUE PROJECT. WHEREAS, the City is a municipal corporation with all powers necessary to construct public improvements within its jurisdiction; WHEREAS, the Central Puget Sound Regional Transit Authority (hereinaftr "Sound Transit") is a governmental entity vested with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce,and Snohomish Counties as provided in RCW 81.104 and 81.112;and WHEREAS,Sound Transit and the City recognize the need to collaborate on the design and development of transit improvements to effectively and efficiently provide bus service to the City of Renton and the surrounding area; and WHEREAS, constructing and operating transit improvements within the region is a complex task, requiring maximum cooperation and efficient utilization of resources between the parties, and the parties recognize the efficiencies and economies inherent in jointly designing and constructing the transit improvements funded by Sound Transit contemporaneously with general purpose improvements funded by the City;and WHEREAS,the City and Sound Transit have committed to work together in partnership 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 89 of 122 since 2005 toward successful completion of the Tukwila Sounder Station project and certain 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 90 of 122 RESOlUTION NO. _ RESOlUTION NO. _ City street improvement projects as evidenced by letters, an interlocal cooperative agreement and three amendments to that agreement; and WHEREAS1 the City, in partnership with Sound Transit,has been moving forward with its Strander Boulevard street project, however, the City and Union Pacific Railroad ("UP") were unable to reach agreement for the relocation of the UP track to the east alongside Burlington Northern Santa Fe tracks which would have allowed Strander Boulevard to cross over the combined tracks, and therefore the City has altered the design to include undercrosslng of the railroads and will provide direct access from Strander Boulevard to the Tukwila Sounder Station;and WHEREAS, the Rainier Avenue project will provide Sound Transit and King County Metro express bus service to improve travel times through the heavily congested Rainier Avenue and achieve a significant time saving in both the northbound and southbound directions; and WHEREAS,the City will serve as the lead agency for environmental review, deslgn and construction of the two street improvement projects described above, induding that portion of the Strander Boulevard project located within the City of Tukwila;and WHEREAS, the transit and general purpose improvements in both of the City's street improvement projects are supported by the Renton City Council and endorsed by Sound Transit; and WHEREAS, Sound Transit previously committed to provide funding for the two City street projects described above and reaffirms its commitment to provide funding through the interlocal agreement which ls intended to replace all prior agreements; 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 91 of 122 RESOLUTION NO, _ RESOLUTION NO, _ NOW, THEREfORE, THE CITY COUNCiL OF THE CITY OF RENTON, WASHINGTON, DOES RESOlVE AS FOLLOWS: SECTION I.The above recitals are found to be true and correct in all respects. SECTION 11.The Mayor and City Clerk are hereby authoriz.ed to ·enter into an if1terlocal agreement with Sound Transit regardlng the Strander Boulevard project and the Rainier Avenue project. PASSED BY THE CITY COUNCIL this day of -------J 2011. --·----------- Bonnie !. Walton, City Clerk APPROVED BY THE MAYOR this day of ---·-----.........J 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1491:1/18/11:scr 7j. ‐ Transportation Systems Division recommends approval of an  agreement with Puget Sound Regional Transit Authority (Sound Transit)  Page 92 of 122 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH VALLEY MEDICAL CENTER REGARDING THE FARMERS MARKET AT VALLEY MEDICAL CENTER. WHEREAS, the City and Valley Medical Center are authorized pursuant to Chapter 39.34 RCW and Chapter 35.83 RCW to enter into agreements providing for interlocal cooperation; and WHEREAS, Valley Medical Center desires a farmers market at its facility; and WHEREAS, the City has experience establishing and running the Renton Farmers Market; and WHEREAS, the City has agreed to help establish the Farmers Market at Valley Medical Center; and WHEREAS, it is necessary to document the terms and conditions under which the parties establish the Farmers Market at Valley Medical Center; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an agreement entitled "Memorandum of Understanding (MOU) for the Farmers Market at Valley Medical Center between the City of Renton and Valley Medical Center". 9a. ‐ Memorandum of Understanding with Valley Medical Center  establishing a Farmers Market at Valley Medical Center (See 7.f.)Page 93 of 122 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of. _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor RES.1495:2/2/ll:scr 9a. ‐ Memorandum of Understanding with Valley Medical Center  establishing a Farmers Market at Valley Medical Center (See 7.f.)Page 94 of 122 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ENTITLED "SR 167 FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON". WHEREAS, the City is planning the construction of a roadway improvement project entitled, "Rainier Avenue Transit Improvement Project", hereinafter the "City Project"; and WHEREAS, the State of Washington Department of Transportation ("State") has developed a roadway preservation project entitled, "SR 167, South Grady Way to South 7th Street", hereinafter the "State Project", which requires the performance of certain road work within the physical boundaries of the City Project; and WHEREAS, the State has agreed to allow the City to perform Hot Mix Asphalt ("HMA") resurfacing and other associated work directly related to the resurfacing, collectively the "Work", that had originally been planned to be part of the State Project, thereby relieving the State of any obligation to perform the Work, and to include performance of the Work in the scope of the City Project in those locations within the City Project where the City plans to widen a section of SR 167, from South Grady Way to South 7th Street, M.P. 26.44 to M.P. 26.71; and WHEREAS, the State has agreed to reimburse the City for the Work on the City Project up to the estimated amount of funds that were allocated for that portion of the Work that was scheduled to be in the State Project; and WHEREAS, it is necessary to document the terms and conditions of the reimbursement to the City; 9b. ‐ Interlocal Agreement with the Washington State Department of  Transportation regarding reimbursement for the resurfacing of Rainier Page 95 of 122 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with State of Washington Department of Transportation entitled "SR 167 Funding Agreement Between the State of Washington Department of Transportation and the City Of Renton". PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1492:l/19/ll:scr 9b. ‐ Interlocal Agreement with the Washington State Department of  Transportation regarding reimbursement for the resurfacing of Rainier Page 96 of 122 Is AldJmf /M/joH CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2, CIVIL PENALTIES, AND SUBSECTION 1-3-5M, PENALTIES, OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), SECTIONS 8-1-4, UNLAWFUL STORAGE, DEPOSIT, DISPOSAL, SCAVENGING AND HAULING OF SOLID WASTE, AND 8-1-7, VIOLATIONS OF THIS CHAPTER AND PENALTIES, OF CHAPTER 1, GARBAGE, OF TITLE VIM (HEALTH AND SANITATION), SECTIONS 9-8- 8, HAZARDOUS CONDITIONS ON PUBLIC STREET RIGHT-OF-WAY, AND 9-8-11, PENALTY, OF CHAPTER 8, SIDEWALK CONSTRUCTION, 9-10-1, PERMISSION REQUIRED, AND 9-10-12, VIOLATIONS AND PENALTIES, OF CHAPTER 10, STREET EXCAVATIONS, OF TITLE IX (PUBLIC WAYS AND PROPERTY), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", AMENDING THE REGULATIONS REGARDING CIVIL ENFORCEMENT OF THE RENTON MUNICIPAL CODE, DECLARING CERTAIN VIOLATIONS A MISDEMEANOR, PROVIDING FOR CIVIL MONETARY PENALTIES, RESERVING SECTION 8-1-7 AND DELETING SECTIONS 9-8-11 AND 9-10-12. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 1-3-2, Civil Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted in its entirety and shall be replaced with the following language: 1-3-2 CODE ENFORCEMENT AND PENALTIES: A. Purpose: To protect and promote the health, safety, sanitation and aesthetics in the City of Renton by providing, in normal circumstances, an expedited and cost-effective process to address code violations, provide for prompt hearings and decisions, and for the collection of appropriate penalties, costs, and fees. 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 97 of 122 ORDINANCE NO. L Code Violations: Violations of RMC Chapters 4-2 (Zoning Districts - Uses and Standards), 4-3 (Environmental Regulations and Overlay Districts, except as it relates to Adult Retail and Entertainment, Critical Area, and Shoreline Master Program Regulations), 4-4 (City-Wide Property Development Standards), 4-5 (Building and Fire Prevention Standards, except as it relates to multi-family homes), 4-6 (Street and Utility Standards), 4-9 (Permits - Specific), 4-10 (Legal Nonconforming Structures, Uses and Lots), 5-5 (Business Licenses), 8- 2 (Storm And Surface Water Drainage), 8-4 (Water), 8-5 (Sewers), 8-7 (Noise Level Regulations), 9-8 (Sidewalk Construction) and 9-10 (Street Excavations), shall be considered civil code violations under this Section. 2. Pursuant to RCW 7.80.010(5), the City elects to establish a non- judicial hearing and determination system to enforce RMC civil code violations. 3^ Not a Basis for Liability: This Code does not create or imply any duty upon the City or any of its officers, employees or volunteers that may be construed to be the basis of civil or criminal liability on the part of the City, its officers, employees, agents or volunteers, for any injury, loss, or damage resulting from any action or inaction on their part. 4. RMC 4-5 Multi-family Building Violations Exception: Any person who commits a violation of the standards adopted in RMC Chapter 4-5 for a multi- family residential building shall be guilty of a misdemeanor as set forth in Section 1-3-1. B. Definitions: 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 98 of 122 ORDINANCE NO. L "Administrator" shall mean the Administrator of the Department of Community and Economic Development or his or her designee or the designee of the Mayor and/or the City Council of the City of Renton. Z "Civil penalty" if mentioned in any code, ordinance or regulation of the City, or Section thereof, shall be deemed to have the same meaning as the term "monetary penalty", as used in this Chapter. 3i "Code Compliance Inspector" (CCI) means any City of Renton employee or City of Renton designee who is directed, authorized, or responsible for finding, responding to, evaluating or considering violations and/or alleged violations to this Section of the Code, and/or similar or related Sections of this Code. 4, "Cost" includes and is not limited to the recovery of reasonable legal fees and costs (including but not limited to any legal personnel costs, filing fees, travel costs, etc.), administrative personnel costs, abatement costs (including but not limited to filing fees, truck rental fees, hiring or contracting fees, overtime costs, etc.), actual expenses and costs, and reimbursement for any and all expenses related to the code enforcement process. Each day that a violation exists shall constitute a separate violation subject to separate costs. 5. "Finding of Violation" means that after issuing a Warning of Violation, the CCI or other authorized personnel has found that the condition or violation still exists and that a Violator has been found to have committed a RMC civil code violation. The CCI shall inform the Violator of: 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 99 of 122 ORDINANCE NO. a, The relevant details that form the basis of the violation, bi The section or sections of the RMC that have been violated, a The time in which the violation must be corrected, d. The fine amount for the violation, and e. Any Violator who wants a hearing to challenge the Finding of Violation, may have a hearing before the Administrator at Renton City Hall, in a place to be determined, if appropriate, not less than seven (7) days and not more than twenty (20) days after the serving of the Finding of Violation. The Finding of Violation is deemed final unless a Violator requests a hearing before the Administrator under the process detailed in Subsection G, Opportunity for Hearing. 6^ "Penalties" are any monetary recovery or reimbursement including, but are not limited to fees and/or assessments. Penalties shall accrue for each day or portion thereof that each violation occurs. A Violator may be responsible for multiple penalties for each violation- Each day that a violation exists shall constitute a separate violation subject to separate penalties. 7. "Possessor of property", means the owner or the person who has been granted, given, or through a commercial or financial transaction with the owner or owner's agent, actual or apparent, control over the property where a condition is alleged, believed or found to exist, including but not limited to a house sitter, lessee, renter, or tenant. 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 100 of 122 ORDINANCE NO. 8^ "Service", means posting either personally or bv certified mail, with return receipt requested, upon all persons having any interest in the property where the violation exists, as shown upon the records of the King County Assessor's Office: or shall post in a conspicuous place on such property, a Warning and/or Finding of Violation stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use, or what condition at such dwelling, building, structure or premises violates this Code. Service bv mail is complete upon deposit to the postal service. If the whereabouts of any person having any interest in the property where the violation exists is unknown and the same cannot be ascertained by the CCI, in the exercise of reasonable diligence, and the CCI makes an affidavit to that effect, then the serving of such Warning and/or Finding of Violation or order upon the persons having any interest in the property where the violation exists may be made either by personal service or by mailing a copy of the Warning and/or Finding of Violation or order bv certified mail, postage prepaid, return receipt requested, to each person having any interest in the property where the violation exists at the address of the building involved in the proceedings, and mailing a copy of Warning and/or Finding of Violation or order by first-class mail to any address of each person shown as the tax payer of record in the records of the King County Assessor at the address shown in such records. The City may serve a Violator bv electronic transmission, by commercial parcel delivery or by posting on the property in a conspicuous place and mailing 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 101 of 122 ORDINANCE NO. a copy to the last known address for persons having any interest in the property where the violation exists. Service on the owner(s) of real property shall be deemed completed upon mailing to the taxpayer of record at the taxpayer's listed address in the records of the King County Assessor's Office. 9. "Violation", is a location, property, structure or condition that is inconsistent with the intent of the Code and/or endangers the health, sanitation or safety of the residents, neighborhood or the community. Each day that a violation exists shall constitute a separate violation subject to separate costs and/or penalties, though multiple violations at one location or by a Violator should be heard jointly for administrative and fiscal economy- Violations include but are not limited to: a. Working without a permit. b. Working outside the scope of a permit. c. Any violation listed under subsection 1-3-2A.1. d. Zoning violations and/or prohibited uses under RMC 4-2. A Violator has the duty to provide written notice of any efforts or steps taken to alleviate, mitigate or correct a violation. 10. "Violator", is any person(s), including but not limited to the possessor and/or owner of property, any person(s) having any interest in the property, and/or the property possessor or owner's agent for property where a RMC civil code violation exists or is alleged to exist, and/or any person(s) who has received notice of a Warning of Violation and/or a Finding of Violation. 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 102 of 122 ORDINANCE NO. 11. "Warning of Violation", is an oral or written warning that provides notice to a Violator that the CCI has found, seen or discovered a RMC civil code violation that a Violator has created, permitted to exist, maintained or failed to eliminate. An oral Warning of Violation should be promptly memorialized. C Authority and Voluntary Compliance: L When a CCI learns of, sees, or finds a RMC civil code violation, if appropriate in their judgment and experience, the CCI may: a. Issue a Warning of Violation and ask for immediate voluntary compliance, or k Agree to a schedule for compliance that is no longer than seven (7) days from the issuance of the Warning of Violation; and If such compliance cannot reasonably be completed within seven (7) days, then it must be initiated within seven (7) days and completed, within a reasonable period of time as determined by the CCI. 2. The Administrator or the CCI has the authority to modify, or rescind the Warning of Violation, based on good cause, such as the elimination of the violation or the finding that another person or people were the Violator. 3^ The City may move forward against more than one Violator. 4. If a Violator fails or is unable to eliminate the violation within that period of time, and if the violation is deemed by the CCI to warrant further enforcement, the CCI may issue as many Findings of Violations as there are violations. Each day that a violation exists shall constitute a separate and 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 103 of 122 ORDINANCE NO. actionable violation, though each violation should be heard jointly for administrative and fiscal economy. [X Voluntary Correction Agreement: L When the City determines that a violation has occurred, the City may enter into a voluntary correction agreement with any Violator. 2. The Administrator will be responsible for maintaining a procedure to manage an expedited voluntary compliance process, and for creating a voluntary correction agreement form or document that must contain, at a minimum: a All of the relevant information identifying the Violator(s); b. The violation location(s); c Details about the violation(s); d. What must be done to eliminate the violation(s); e^ How long the Violator(s) has to eliminate the violation(s); f. Whether there have been any prior violations involving the Violator(s) in the City in the last ten (10) years; gi A signed right of entry to inspect until the violation has been eliminated, and/or correct or abate the property if the voluntary correction agreement is not satisfied; and Jr The minimum amount of civil penalties owned at the point the agreement is entered. L In bold print, that if the voluntary correction agreement is not satisfied, the City may, without any additional notice or hearing, impose any 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 104 of 122 ORDINANCE NO. remedy authorized bv this Chapter; order the abatement of the violation by the Violator(s). or the City's employees or agents: assess any abatement, investigation, enforcement costs to the Violator(s) and against the property. j. The Violator(s) may request a hearing to challenge the computation of the costs and/or penalties, and/or the Violator(s) may ask for a hearing to ask for mitigation of the costs and/or penalties. Ic If there are multiple requests for a hearing, those hearings may be consolidated if the Administrator finds it reasonable to do so. L The Administrator shall have the same authority as is noted in Subsection L, Scope of Authority, and the hearing shall be governed by the provisions of Subsection G, Opportunity for a Hearing. 3_i As a condition to entering into a voluntary correction agreement, a Violator expressly waives the right to a hearing, or any other review to challenge the Finding of Violation, except as noted in RMC 1-3-2D.2.J, as the Violator concedes that any violation is a civil code violation under the Renton Municipal Code, and that the City has the right to use any lawful means provided by this Code or applicable state or municipal law to investigate, enforce and eliminate the violation. 4 The voluntary correction agreement acts as a stay of the accrual of costs and/or penalties, but they will accrue, backdated to the date of the voluntary correction agreement, if a Violator fails to eliminate the violation in accordance with the voluntary correction agreement. 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 105 of 122 ORDINANCE NO. 5. The voluntary correction agreement must be in writing and signed by at least one Violator and any disagreement between Violators shall be addressed between the Violators, and if necessary, in judicial hearings without requiring the participation or presence of the City of Renton. 6i If a Violator is unable or unwilling to eliminate the violation immediately, then a voluntary correction agreement is not appropriate. 7i A voluntary correction agreement is not a settlement agreement. 8_i The Administrator may grant an extension to a Violator, only if the Violator has taken prompt and substantial steps to eliminate the violation. 9_i The Administrator may use whatever type of voluntary correction agreement form as is appropriate in his or her judgment to mitigate and ultimately eliminate the violation. The Administrator or designee may modify the voluntary correction agreement form on an individual case basis as needed to best respond to the facts, circumstances and conditions of a violation. E. Finding of Violation: When a CCI finds a RMC civil code violation, the CCI shall provide the Violator(s) with a Finding of Violation. L When a CCI finds a RMC civil code violation, the CCI shall provide the Violator(s) with a Warning of Violation. Z If that Warning of Violation does not result in a correction of a violation by immediate voluntary compliance, or compliance pursuant to a Voluntary Correction Agreement, the CCI shall provide the Violator(s) with a Finding of Violation. 10 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 106 of 122 ORDINANCE NO. The Finding of Violation is deemed final unless the Violator requests a hearing before the Administrator under the process detailed in Subsection G, Opportunity for Hearing. 3. It shall be the responsibility of the Violator(s) found responsible for a violation to completely eliminate the violation and to achieve complete civil code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies do not substitute for performing the corrective work required and bringing the property into compliance to the extent reasonably possible under the circumstances. The payment of any cost and/or penalty shall be made to the City of Renton Department of Finance and Information Technology. It is the responsibility of the Violator(s) to provide the Administrator or CCI with proof the payment of any costs and/or penalties, as is appropriate. 4 The Violator(s) found to be responsible for a RMC civil code violation pursuant to a Finding of Violation shall be liable for the payment of any costs and/or penalties. Payment is due within thirty (30) days of the date on the Finding of Violation, or within fifteen (15) days after a hearing confirming the Finding of Violation. 5_i If the Violator fails to satisfy one (1) or more term(s) of the voluntary correction agreement, after a Finding of Violation, the City may, without notice or further hearings, order the abatement of the violation by the Violator(s), or by 11 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 107 of 122 ORDINANCE NO. City employees or agents and assess any other costs related to the investigation, enforcement and resolution of this process to the Violator(s) and/or against the property. a. The City, without a hearing, may suspend, revoke or modify any valid permit or license issued by the City if or when it reasonably believes: ji That a Violator knows, or reasonably should know, of a violation, but the Violator continues to violate the permit or license or exacerbate a violation, and the CCI makes a finding of an imminent threat or substantial threat to safety, health, or welfare of others, property of others or City property including, but not limited to, utilities such as water and sewage. if That a Violator misrepresented any material or significant fact in applying for a permit or license. L The City, without a hearing, may deny a request for a permit or license or to renew a permit or license when it reasonably believes that without a valid permit or license a Violator knows or knew of, or reasonably should know or should have known, of a violation, but continues to work, operate, or exacerbate a violation without a valid permit or license. c Any revocation, suspension, modification or denial of a permit or license under this Section shall allow the person who possessed or sought the relevant permit or license and had the permit or license revoked, suspended, modified or denied an opportunity for a hearing in a manner detailed in Subsections G and H below. 12 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 108 of 122 ORDINANCE NO. F. Service: Service of the Warning and/or the Finding of Violation is proper bv any means noted in Subsection 1-3-2B.8. The City may serve each Violator and/or persons having any claim against the title or contractual interest in the violation property. G. Opportunity for a Hearing: To further the purpose noted above, while providing due process, and unless RMC 1-3-2D.3 applies, a Violator may request a hearing before the Administrator to raise any challenge to the Finding of Violation, the application of the code and/or to challenge or mitigate the costs and/or penalties. L The opportunity for a hearing is available for each violation and penalty imposed for multiple violations at one (1) site or at multiple sites by one (1) or more Violators. The scope of hearing is limited to the conditions of the property at the time the violation was found. Relitigation of previously imposed costs and/or penalties is prohibited. Z The Administrator shall decide whether that opportunity to be heard will be only in writing or in person, or both. The City is not required to call witnesses to testify at the hearing. 3_i The Finding of Violation, if signed and dated by the CCI shall be deemed admissible evidence to prove the violation. If the Administrator finds a violation after reviewing the Finding of Violation, then the burden of persuasion shall shift to the Violator(s) to show by a preponderance of the evidence that a violation has not occurred. 13 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 109 of 122 ORDINANCE NO. 4. Any person having violated a voluntary correction agreement under RMC 1-3-2D shall be deemed to have admitted the violation covered by the agreement. 5. If the owner and the possessor of the property are not the same, and if the owner fails to respond in writing or fails to appear at an oral hearing after service of the Finding of Violation, there is a presumption that the owner has given the Violator(s) the authority to act as his/her agent for purposes of the hearing or that the owner has chosen not to participate. H. Timing of a Hearing: If a Violator and/or persons having any claim against the title or contractual interest in the property where the violation exists wishes to challenge a Finding of Violation, or to challenge or mitigate the costs and/or penalties, that Violator and/or persons having any claim against the title or contractual interest in the property where the violation exists shall submit a written request for a hearing within ten (10) business days of the date of the Finding of Violation. The Administrator shall set the date of the hearing within ten (10) business days of the received request for a hearing. The decision shall be entered and mailed or posted no later than fourteen (14) days after the City received the written request for a hearing. I. Preponderance of Evidence Standard: The Administrator shall determine bv a preponderance of the evidence whether there is a violation of this Code, if the costs and/or penalties should be mitigated, or that a violation exists that must be corrected after considering a Violator's oral and/or written argument(s). 14 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 110 of 122 ORDINANCE NO. The penalties shall be considered based on the nature of the offense, the impact on the neighbors, neighborhood, or community and the need to discourage such conduct, inactivity or neglect. J. Hearing Procedure: The Administrator may choose to hear the matter orally or based solely on the parties' written submissions. The Finding of Violation may satisfy the City's burden of production, but the City may submit additional written testimony. If the Administrator determines that the matter requires an in-person hearing, such a hearing may be scheduled, and appropriate and reasonable notice shall be provided to the CCI and Violator(s). K. Failure to Request, Submit or Appear at a Hearing: The failure to request, submit a written argument and/or appear at a hearing makes the Finding of Violation final. The Violator must pay any costs and/or penalties and eliminate the violation(s) within ten (10) days. A Violator or multiple Violators may withdraw their request for a hearing only if each Violator agrees, and only if it is withdrawn within five (5) days of making the request. They will not be charged the costs of the hearing if the request to withdraw their request is timely. An actual hearing or an untimely request to withdraw a request for a hearing may result in the costs for a hearing if the Administrator deems it appropriate and can particularize or itemize or place value to the efforts of the CCI and/or Administrator. 15 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 111 of 122 ORDINANCE NO. L. Scope of Authority: The Administrator may dismiss, confirm, or modify the Finding of Violation, after the aforementioned hearing, or after the Violator's failure to request and/or appear at the hearing requiring oral argument. L The Administrator's Authority: If the Administrator confirms the violation or modifies the Finding of Violation, the Administrator may: iL Order the Violator(s) to abate the condition. The Administrator has the authority to set the time and manner in which the condition must be abated. The Administrator may order the property abated by persons working under the City's authority with costs assessed to the Violator(s). b_i When appropriate, enter into and/or approve a voluntary correction agreement. It is presumed to be inappropriate for a Violator to be able to enter into a second voluntary correction agreement if that Violator has already failed to comply with a voluntary correction agreement for the same violation. c. Stay the accrual of costs and/or penalties, only upon an actual showing a Violator, acting in good faith, is unable to bring the condition into compliance within the required time. d. Assess costs and/or civil penalties when the Administrator confirms or modifies the Finding of Violation. e. Order that work stop immediately if that work is inconsistent with a permit or license, has not been approved, is being done without a permit, or has not been inspected, or a Violator has refused a request to inspect. 16 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 112 of 122 ORDINANCE NO. f Deny a permit or license application or revoke, modify or suspend any permit or license previously issued when a Violator has failed to comply with the terms of the permit or license or efforts to bring the condition or property into compliance, a Violator has exceeded the scope of work set forth in the permit or license, or if a Violator has failed to undertake the proiect in the manner set forth in the approved application. g. For persons with previous or multiple current violations, the Administrator may forward the new or multiple violations to the prosecutor for evaluation for prosecution consistent with Subsection P below. hi In order to enforce the Administrator's decision, the City may get an order from Superior Court to enter onto a Violator's property for the purpose of inspecting and/or abating the violation. 2. Cost of Abatement: Where costs are assessed under this Code and a Violator fails to pay within the thirty (30)-dav period, the CCI shall prepare a written itemized report to the Administrator showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. a. A copy of the report and a notice of the time and date when the report shall be reviewed by the Administrator shall be served on the Violator(s) at least five (5) days prior to the review bv the Administrator, or verified as being previously provided to the Violator(s). A Violator may submit a 17 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 113 of 122 ORDINANCE NO. written explanation why the costs and/or penalties are unreasonable and should not be assessed. L The Administrator shall review the report and such other information on the matter as it receives and deems relevant. The Administrator shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a Violator and/or property owner, and when permitted by state law, authorize the placement of an assessment lien on the property as provided herein. 3_i Assessment Lien: Following the authorization by the Administrator, the City Clerk shall cause to have filed a lien with the King County Auditor, which lien may be foreclosed pursuant to the laws of the State of Washington. The City may file an action to reduce the lien to a judgment. M. Other Remedies: The procedures noted above are not exclusive and they do not limit or prohibit the City from remedying, abating or mitigating any condition that falls under this Chapter bv any other means authorized by law or bv enforcing its findings, remedies, costs, and/or penalties by any means authorized bv law. The City will seek all costs, including attorney's fees, if it must appear in Superior Court to address a Violator's failure to abate the violation or failure to pay any costs and/or penalties. Unless otherwise precluded by law, the provisions of this Section may be used in lieu of or in addition to other enforcement provisions, including, but not limited to, other provisions in this 18 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 114 of 122 ORDINANCE NO. Code, the use of collection agencies, or other civil actions including but not limited to injunctions. N. Emergency: Nothing in this Section shall be read to mean, limit or prohibit the City from taking any appropriate action when an emergency or dangerous or potentially dangerous location, property, structure or condition exists in the City. Not as a limitation, but for the purpose of clarification, the City may abate, declare unsafe or unfit, or some other appropriate action when: L A violation poses an immediate danger to safety, health, or welfare of the possessor of the property, occupants, neighbors, neighborhood, community, public utilities or the environment. The City shall assess costs and file a lien or seek a judgment, if such action is required. Z If the Superior Court or court of competent jurisdiction decides, grants, and/or agrees that emergency action is warranted by the City, the City shall seek costs if such action is required. 0. Appeal: Decisions of the Administrator that are land use decisions as defined in RCW 36.70C may be appealed pursuant to RCW 36.70C as it currently exists or as it is amended in the future. L To appeal a decision that is not a land use decision, the Violator shall serve notice on the City and file with the Superior Court the appropriate petition or motion. 19 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 115 of 122 ORDINANCE NO. Z Timeliness: Any appeal of the Administrator's decision must be filed and served within twenty-one (21) calendar days of the issuance of the decision. 3i Bar to Appeal: An appellate petition or motion is barred, and the court may not grant review, unless the petition is timely filed with the court and timely served on the City. 4. The scope of any appeal is limited to the conditions of the property at the time the violation was found. Relitigation of previously imposed costs and/or penalties is prohibited. P. Penalties: The penalties shall be as so defined in Subsection 1-3-2B.6. L The minimum penalty for the first violation shall be five hundred dollars ($500), not including costs, or court costs, fees, and assessments. Z The minimum penalty for the second violation of the same nature or a continuing violation shall be seven hundred fifty dollars ($750), not including costs, or court costs, fees, and assessments. 3_i The minimum penalty for the third violation of the same nature or a continuing violation shall be one thousand dollars ($1,000). not including costs, or court costs, fees, and assessments. 4 After three (3) prior violations, whether they occurred at the same time or in succession, the fourth violation shall constitute a gross misdemeanor. The Administrator and/or CCI has the authority to submit the violations to the prosecutor for criminal prosecution as provided in RMC 1-3-3E. 20 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 116 of 122 ORDINANCE NO. ap The criminal offense shall be for failing to eliminate a violation after a Finding of Violation or after a confirmation or modification of a Finding of Violation. b_i The prosecutor's burden is to prove beyond a reasonable doubt as to any Violator cited that in the City of Renton: I The Violator has had three (3) prior violations under this Section of the Code; and ii. The prior convictions were within the last ten (10) years- Time served in jail is not excluded from the ten (10)- year period. c. If a Violator/Defendant is found guilty beyond a reasonable doubt, the Violator/Defendant shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. el A Violator/Defendant shall not be eligible for Electronic Home Detention or any other alternative to jail time. e. A Violator/Defendant shall remain responsible for the RMC civil code violation penalties and/or any costs, not including the cost of prosecution. 5_i The payment of a monetary penalty pursuant to this Section does not relieve a person of the duty to correct the violation as requested by the CCI or as ordered by the Administrator. The payment of a monetary penalty does not 21 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 117 of 122 ORDINANCE NO. prevent the City from asserting that the violation continues to exist or from asserting that a new violation has been found. 6_i It shall be a misdemeanor to impede, delay, obstruct or interfere with the City's employees or agents designated to perform the abatement. Any physical efforts to impede, delay, obstruct, or interfere with City employees or agents will be forwarded to the prosecutor for appropriate criminal filing- Nothing in this Section is intended to limit or prevent the pursuit of any other remedies or penalties permitted under the law, including criminal prosecution. Q. Conflicts: In the event of a conflict between this and any other provision of this Code or City ordinance providing for a civil penalty, the more specific provision shall control. R. Remedies Are Not Exclusive: The remedies noted in this Section are not exclusive and may be used in conjunction with any other remedies provided or allowed under the Renton Municipal Code or the Revised Code of Washington. S. Severability: If any one (1) or more subsections or sentences of this Section are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Section and the same shall remain in full force and effect. SECTION II. Subsection 1-3-5M, Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted in its entirety and shall be replaced with the following language: 22 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 118 of 122 ORDINANCE NO. M. Penalties: It shall be unlawful for any person or persons to occupy or allowed to be occupied any dwelling, building, structure or premises ordered vacated under RMC 1-3-3 (Nuisances) or RMC 1-3-5 (Unfit Dwellings, Buildings and Structures). To prove a violation of this Section the prosecutor must prove beyond a reasonable doubt that: 1. A person or persons occupied or allowed to be occupied; 2. Any building, structure or premises; 3. In the City of Renton; 4. That had been ordered vacated under RMC 1-3-3 or RMC 1-3-5. An order that was made under the authority of or related to RMC 1-3-3 or RMC 1-3- 5, that was valid at the time of the violation, is sufficient to prove this element- It shall not be a defense that the order was subsequently rescinded, reversed, withdrawn or vacated. 5. Any person or persons having been found to have violated either of these Sections shall be guilty of a misdemeanor punishable pursuant to RMC 1-3- SECTION III. Section 8-1-4, Unlawful Storage, Deposit, Disposal, Scavenging and Hauling of Solid Waste, of Chapter 1, Garbage, of Title VIM (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection 8-1-40, to read as follows: O. Any violation of this Section shall be governed by RMC 1-3-2. 23 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 119 of 122 ORDINANCE NO. SECTION IV. Section 8-1-7, Violations of This Chapter and Penalties, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8-1-7 VIOLATIONS OF THIS CHAPTER AND PENALTIES: A person violating any of tho provisions of this Chapter shall bo guilty of a misdemeanor. Penalties for violations of any of tho provisions of this Chapter shall bo in accord with RMC 13 1, as now worded or hereafter amended. Reserved. SECTION V. Section 9-8-8, Hazardous Conditions on Public Street Right-of-Way, of Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection 9-8-81, to read as follows: I. Any violation of this Section shall be governed bv RMC 1-3-2. SECTION VI. Section 9-8-11, Penalty, of Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION VII. Section 9-10-1, Permission Required, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 9-10-1 PERMISSION REQUIRED: It shall be unlawful for any person, firm, corporation or association to construct, cut up, dig up, undermine, break, excavate, tunnel or in any way 24 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 120 of 122 ORDINANCE NO. disturb or obstruct any street, alley or any street pavement, street curb, sidewalk, driveway or improvement in the City without first having obtained written permission as herein provided; provided, however, that in case of an emergency occurring outside the regular office hours whenever an immediate excavation may be necessary for the protection of life or private property, such matter shall be reported immediately to the Department of Community and Economic Development of the City, who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit be made in the manner herein provided, on or before noon of the next following business day. Any violation of this Section shall be governed by RMC 1-3-2. SECTION VIII. Section 9-10-12, Violations and Penalties, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION IX. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk 25 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 121 of 122 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1650:l/ll/ll:scr Denis Law, Mayor 26 9a. ‐ Revised Civil Enforcement of Code regulations (1st reading  1/24/2011)Page 122 of 122