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
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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
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@ 8.5" x 11"
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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
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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.
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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
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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
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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.
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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
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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
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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;
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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By: Stephen G. Sheehy
Title: Sound Transit Legal
Counsel
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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
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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
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since 2005 toward successful completion of the Tukwila Sounder Station project and certain
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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;
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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
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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
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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
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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.
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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:
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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).
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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.
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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
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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
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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
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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.
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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.
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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
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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:
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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.
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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
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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
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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
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