HomeMy WebLinkAboutCouncil 05/14/2012AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
May 14, 2012
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATION
a. Salvation Army Week ‐ May 14 to 20, 2012
4.SPECIAL PRESENTATIONS
a. Washington Recreation & Park Association's Citation of Merit Professional Award
b. Municipal Court ‐ 2011 Annual Report
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.
NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any ballot
measure or candidate in City Hall and/or during any portion of the council meeting, including
the audience comment portion of the meeting, is PROHIBITED.
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 5/7/2012. Council concur.
b. City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th St. AC Water Main
Replacement project; nine bids; engineer's estimate $462,801.75; and submits staff
recommendation to award the contract to the low bidder, B&B Utilities and Excavating, in the
amount of $296,821.65. Council concur.
c. Court Case filed by Frederick Edward Walker vs. the City of Renton, et al, represented by John
R. Muenster, Attorney for Plaintiff, alleging arrest with excessive force and without probable
cause. Refer to City Attorney and Insurance Services.
d. Administrative Services Department recommends approval of an interlocal agreement
including the cities of Bellevue, Bellingham, and Seattle (the Participating Cities) for the
purpose of sharing taxpayer and/or audit information among the members. Council concur.
(See 9.a. for resolution.)
e. City Attorney Department recommends amending City Code to detail the duties of the
Administrative Services Administrator and clarify authority to audit and examine records and
Page 1 of 90
other related matters. Refer to Finance Committee.
f. City Attorney Department recommends amending City Code by adding Chapter 5‐23,
Examinations, Records Preservation, Successor Liability, And Public Disclosure, which provides
the authority for the Administrative Services Administrator to require, conduct, or enforce tax
related examinations and audits. Refer to Finance Committee.
g. City Attorney Department recommends amending City Code by adopting by reference State
statutes as they relate to criminal prosecutions. Refer to Public Safety Committee.
h. Community Services Department recommends adopting amended resolutions authorizing
application to the Washington State Recreation and Conservation Office (RCO) for a $500,000
Aquatic Lands Enhancement (ALEA) development and restoration grant and a $500,000 Land
and Water Conservation Fund (LWCF) development grant for the Riverview Park Pedestrian
Bridge and Habitat Project, and identifying the required ten percent matching share of the
total project cost from the Charles L. Custer Park Memorial Fund. Council concur. (See 9.b.
and 9.c. for resolutions.)
i. Public Works Department recommends approval of the First Amendment to CAG‐11‐027,
with Sound Transit, to revise the schedule of reimbursement payments for the SW 27th
St./Strander Blvd. project. Council concur.
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: Memorandum of Understanding with Fire District 40*
b. Community Services Committee: 2012 Neighborhood Grants
9.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Interlocal agreement with participating cities regarding sharing of taxpayer information
(See 7.d.)
b. Amending Resolution No. 4138 regarding application for an Aquatic Lands Enhancement
(ALEA) grant (See. 7.h.)
c. Amending Resolution No. 4139 regarding application for a Land and Water Conservation
Fund (LWCF) grant (See 7.h.)
d. Memorandum of Understanding with King County Fire Protection District 40 regarding
provision of communication and technology services (See 8.a.)
Ordinances for second and final reading:
a. Repealing Ordinance No. 3758 regarding the 1983 Shoreline Master Program (1st reading
5/7/2012)
b. Correcting a code citation to the Fee Schedule (1st reading 5/7/2012)
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
11.AUDIENCE COMMENT
12.ADJOURNMENT
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COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
May 14, 2012
Monday, 5:30 p.m.
Waste Management Update on Solid Waste Services in Renton;
Boeing Commercial Airplane's Current Market Outlook and Strategy
• 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
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Renton Municipal Court
Annual Report2011
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 5 of 90
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City of Renton Municipal Court — Annual Report 2011
COURT STAFF
The Renton Municipal Court Judicial Staff consists of one full time elected judge and appointed pro tem judges
serving approximately two and one-half days per week. Judge Terry Jurado, the Presiding Judge for the Renton
Municipal Court since January of 1999, was re-elected to a four-year term in
November 2009. His current term began January 1, 2010.
The support staff consists of the Court Services Director, two Lead Judicial
Specialists, one Judicial Specialist-Trainer, ten Judicial Specialists and a
Probation Officer. Joe McGuire, the Court Services Director, has filled the
position since August of 1998. The competent professional staff has an
average of over seventeen years of court experience.
Since early 2008 the court has given up a Probation Clerk position from which
the incumbent resigned, added a .5 FTE Probation Officer position in 2011.
That position has been left unfilled since resignation of the incumbent in June
of 2011. One judicial specialist resigned in June 2009 and another in August
of 2010. Both vacancies were subsequently filled.
ACCOMPLISHMENTS
Court Security
The contract with Olympic Security Service Inc. continues to provide weapons
screening for the Court Services portion of the third floor of City Hall. In response
to budget circumstances, security staffing has been reduced from 1.5 to a single
contract FTE. From 2009 through 2011 court security staff screened an average
of 313 people per day. The number of unauthorized items (knives, box cutters,
pepper spray etc,) checked at the screening station was ten per day. Although many
alternative methods of further enhancing court security exist, the weapons screener
is an effective primary step in protecting the court and the public.
Renton Municipal Court is pleased to issue its 2011 Annual Report.
This is the tenth issue of this report since 1999. The Court is the third branch of city government serving the
citizens of the City of Renton. The two courtrooms and office of the Judicial Specialists are located on the third
floor of City Hall. The court strives to provide equal, fair and speedy justice to all who come before it in an efficient
and effective manner. This report is intended to inform you of the activities and operation of the court in its
endeavor to attain that end.
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 6 of 90
City of Renton Municipal Court — Annual Report 2011
3
Education
Although the pressure on resources continues to grow, keeping the employees current with improved procedures
and processes and changes to Renton city code or Washington state statutes is a must. The ever changing
demands placed on the court require an educated and well-trained staff.
Court staff members routinely attend semi-annual regional training courses sponsored by the District and
Municipal Court Managers Association (DMCMA). The Court Services Director and one or two additional staff
attend three days of education at the annual DMCMA conferences. Additional Judicial Specialists attend the
bi-annual staff conference sponsored by the DMCMA. Numerous training opportunities are hosted by Washington
Cities Insurance Authority, the City of Renton, Eastside Training Consortium, Association of Washington Cities and
The Institute for Court Management. With the understanding that we cannot neglect trainng and education, even
in an environment of resource shortages, the court will continue to seek out affordable educational opportunities
in the future.
SCORE (South Correctional Entity)
The relationship between a court and institutions that confine it’s defendants is very complex. It deals with some of
the most sacred portions of human existence – a person’s freedom of movement and association. The relationship is
regulated very closely by statutes, both state and federal, and ultimately the Constitution of the United States.
The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila joined in an ambitious
undertaking that culminated in September of 2011 with the opening of the SCORE jail. Neither Judges nor
Court Administrators were members of the Administrative or Operations Boards that planned and oversaw the
implementation of the SCORE facility. In retrospect, inclusion of court representatives would have been helpful.
The statutory mandates and operational concerns mentioned above could have been proactively addressed,
smoothing what at times was a trying transition.
As of this writing, six months have passed since the inception of SCORE.
No one involved in the in-custody hearing process wants to return to
the daily routine from the past, which meant having the Judge, two
Judicial Specialists, a Public Defender and the Prosecutor transporting
a myriad of files down to Parking Level – 2 in Renton City Hall, to hold
court. The Court now has the luxury of holding the hearings via video
within the familiar confines of Courtroom Number One.
On the occasion in which a defendant is ordered to jail the City and the
Court can be confident the defendant will be received and held in a
professionally staffed, secure state-of-the-art facility.
The single pressing issue remaining to be solved is the length of in-
custody calendars. Calendars that were one to two hours long when held with all parties present in the “jail”
courtroom now take one-and-a-half to more than three hours.
This problem exists due to the use of thirty year old FAX technology to process and exchange documents between
the court and SCORE. This situation can be rectified by utilizing a true digital document management system.
When that is accomplished it will not only save resources but add the final polish to this successful state of the art
facility.
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 7 of 90
City of Renton Municipal Court — Annual Report 2011
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CHANGES
Tighten up
In response to the severe blow the entire economy took beginning in 2008, the Court has implemented numerous
efficiencies. The Court has utilized new technology and limited acquisition of minor equipment to lessen the time
clerks must physically move away from their workstations to process paperwork. These include taking on-line court
payments, performing some infraction mitigation hearings by mail, transferring documents to other departments via
email attachment whenever possible and installation of an automated telephone answering system to direct phone
calls to the proper destination. Scheduling interpreters, Pro Tem Judges, staff meetings and leave as well as all
courtroom calendars have been moved from paper and log books to Outlook computer applications.
Court Assessment
Knowing the City of Renton, including the Court, was facing difficult times with limited resources, the court took the
meaningful step of “self assessment.” This path was taken to assess the court’s readiness for two potential large
annexations to the city, to consider refinement of court policies and procedures and comment on the relationship
between the court and its stakeholders.
The National Center for State Courts (NCSC) was contacted to conduct a week of court staff and stakeholder
interviews as well as observation of court operations. This was done in December of 2010. NCSC was to next
analyze the data and report back to the City and the Court. The Court also applied for and was awarded a grant to
cover 90% of the cost of the study. In March 2011 the National Center for State Courts issued the Court Operations
Study summarizing the onsite analysis performed at the City of Renton Municipal Court. The report also contained
thirty-eight recommendations for the court to review and consider implementing to help insure consistent, fair and
timely execution of court processes. These recommendations were all studied by the Court and nearly all of them
implemented.
This look at the court by outside court professionals was rewarding in the sense there were no major functional
shortcomings revealed. It was also helpful in confirming many of our needs and pointing out other changes and
improvements that can and/or will be made in the future as
resources become available.
Remodel
The Court was allocated a portion of the funds received by
the City due to the Benson Hill Annexation. With those funds
the Court office was reconfigured to add a workstation for a
Judicial Specialist, an additional judge’s office, and a relocated
file storage area. Courtroom #2 was reduced in size and a
new jury room was constructed adjacent to courtroom #1.
The probation office was remodeled to house two probation
officers and a probation clerk. A small office with a pass-
through window built specifically for issuing passports was
added as well. New compact offices were built for the
prosecutor and public defender. Electronic Home Detention got a new larger office and the court was provided an
additional file storage area to replace space lost within the court office.
Unfortunately, at present, the extra judge’s chambers is occupied by part time pro tem judges, the probation spaces
are used by a single probation officer and one work station within the clerk’s office is empty. We are however, ready
for the economic turnaround and/or more annexations!
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 8 of 90
TECHNOLOGY
eTickets
The court, law enforcement and the prosecutor’s office have moved to an electronic application called SECTOR for
filing nearly all infractions and criminal cases as “eTickets.” These eTickets save data entry time now and will be key
to the move to paperless court processing and full implementation of the electronic content management system in
the future.
Audio Court Record
Traditionally, court audio recordings, required by law to be retained, were recorded via Lanier recording equipment
and stored on tape cassettes. In 2005 the court moved to recording equipment that stored the audio record on
Compact Discs. These systems required storage of large numbers of cassette tapes and CDs for at least three years.
When a public disclosure request was made or the need for the court to review a hearing arose, the tape or CD
had to be pulled from storage, the needed portion of the media extracted and recorded onto a second cassette or
CD. Both were very resource intensive systems. Recordings now are made and transmitted digitally to “Capture
All”, an outside vendor. These recordings can be listened to online at no cost with
the “requestor” locating the needed recording. If an actual copy of the recording
is needed Capture All provides the service for a nominal fee. If a criminal justice
agency or an indigent person requires a recording, the court will provide it at no cost.
This change has successfully reduced costs and the demand for staff time.
Electronic Content Management System
The court has gradually proceeded down the path toward becoming a court that
utilizes a digital document library and forms management system for day to day
work. In conjunction, an electronic document storage and retention module is
needed. This project has exciting potential. There are many advantages of a true
digital imaging and document management system.
The court can eliminate virtually all paper forms, a sizable cost savings. No purchasing outside forms and no
demands on the print shop. Copy machine usage can be cut by about 75%. There will be less toner and paper to
purchase. Fewer copy machines and printers will be needed, therefore, lower maintenance costs would be incurred.
Over time file space in both the court area and City Clerk’s archives will be freed up. A huge time saving will be
experienced by the court. There will be no cases to file and none to retrieve for action at the next hearing. Presently
there are occasions several staff members drop everything to search for a misplaced file needed in court. This would
be eliminated.
It is anticipated such a system would eventually be used by the entire city. It will be a boon to all. The court is
excited to proceed expeditiously on this path. Request for resources will be included in the next biennium budget
request.
City of Renton Municipal Court — Annual Report 2011
54b. ‐ Municipal Court ‐ 2011 Annual Report Page 9 of 90
BUDGETS
As has been the norm since 1998, the court has continued its’ effort to “give back” budget dollars each year. It has
been no different since our last report however with leaner budgets, meaningful savings have been more difficult to
achieve. However we will continue this effort into the future.
EXPENDITURES
The court had budget savings of $66,109 in 2011.
Under Budget Over Budget
Payroll & Benefits $43,982 Interpreters $15,611*
Pro Tem Judges $14,175
Security Officers $18,054
*Does not reflect state reimbursement of $14,000 recorded as revenue
REVENUES
Community Service
Interpreter reimbursement
The city retained portion of fines, fees and forfeitures are shown below:
2007 - $1,782,491 Baseline Traditional Revenue (No Photo)
2008 - $2,173,058 Photo Implementation and +23.2% Traditional
2009 - $3,924,364 Full Year Photo and +14.2% Traditional
2010 - $3,544,443 No summer School Photo but +3.4% Traditional
2011 - $3,395,066 Photo -1.6% and Traditional -7.4%
In addition to the above figures the court receive $24,000 to offset a portion of the elected judge’s salary and
$14,000 to partially offset payments to interpreters each year from the State of Washington.
A little known fact is that the Municipal Court has many defendants work off their fines by performing community
service. More than $10,000 per month is credited to fines at $10 per hour. The 1,000+ hours per month is verified
by the court and must be done for a registered charitable organization. In March of 2012 sixty-four charities in King
County had 1,266 hours of community service performed by Renton defendants.
CASE LOAD
The number of case filings in Renton Municipal Court
is totally driven by the Renton Police Department and
the City Prosecutor. If they are actively filings cases the
court is busy. If officers are on vacation, in training or
the department is not fully staffed, hence fewer officers
are on the road, the Court will be less busy. As the
above graph shows 2009 and 2010 were exceptionally
busy court years. 2011 and projections for 2012 show
the court has been less busy. The challenge for the
Court is to adapt to fewer filings but to remain able to
respond to a substantial increase at virtually any time.
This will be the challenge for the court to overcome in
the coming years with fewer resources.
6
City of Renton Municipal Court — Annual Report 2011
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 10 of 90
EDITORIAL
The court has recently undergone a process that all departments have experienced or will face in the future. King
County District Court offered the city an opportunity to contract out court services to the county. As any prudent
business must, an analysis was performed.
Under study was the Cadillac of courts - The Renton Municipal Court. It is a public servant whose policy is to
answers the phone by the third ring. When the public counter has a line of more than one or two customers,
another available clerk steps up to help, even if their normal work station is not at the public counter. When mail
comes in to the court it is distributed to the proper desk immediately. As court payments are received they are
virtually all entered into the computer system and deposited the same work day. When activities happen in court,
the electronic record is updated by the end of the next workday. When a records request is received it is responded
to within twenty-four hours. These standards have been in place and consistently achieved long before my arrival at
Renton over fourteen years ago.
The replacement court cannot compete with these customer service and professional standards. Those of you
that have tried to call the King County District Court public court number or had to wait in their lines at the court
locations can attest to poor service. Court professionals are routinely faced with electronic court dockets that have
not been updated even weeks after a court hearing. District court cannot afford to give excellent service. This is the
low bar against which the Municipal Court had to prepare to meet. The court forwarded a set of suggested actions
by which it could generally compete with the
fiscal goals set by King County District Court.
The Renton executive branch concluded that
the dollars were comparable. The excellent
customer service, convenience of an in-
city location and a demonstrated concern
to be an integral part of the City of Renton
government carried the day. The entire
court recognizes the value of such events
and thanks the Executive Branch for the
recognition of our efforts and contributions
to the city.
By Joseph McGuire, Court Services Director
7
City of Renton Municipal Court — Annual Report 2011
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 11 of 90
4b. ‐ Municipal Court ‐ 2011 Annual Report Page 12 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Bid Opening on 5/1/2012 for CAG-12-056, SE 5th
St. AC Water Main Replacement Project
Meeting:
Regular Council - 14 May 2012
Exhibits:
Staff Recommendation
Bid Tabulation Sheet (nine bids)
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, x6502
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ $296,821.65 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Engineer's Estimate: $462,801.75
In accordance with Council procedures bids submitted at the subject bid opening met the following
three criteria: There was more than one bid, there were no irregularities with the low bid, and the low
bid was within the total project budget. Therefore, staff recommends awarding the contract to the low
bidder, B&B Utilities and Excavating, in the amount of $296,821.65.
STAFF RECOMMENDATION:
Award the contract to the low bidder, B&B Utilities and Excavating, in the amount of $296,821.65.
7b. ‐ City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th
St. AC Water Main Replacement project; nine bids; engineer's estimate Page 13 of 90
7b. ‐ City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th
St. AC Water Main Replacement project; nine bids; engineer's estimate Page 14 of 90
7b. ‐ City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th
St. AC Water Main Replacement project; nine bids; engineer's estimate Page 15 of 90
7b. ‐ City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th
St. AC Water Main Replacement project; nine bids; engineer's estimate Page 16 of 90
7b. ‐ City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th
St. AC Water Main Replacement project; nine bids; engineer's estimate Page 17 of 90
7b. ‐ City Clerk reports bid opening on 5/1/2012 for CAG‐12‐056, SE 5th
St. AC Water Main Replacement project; nine bids; engineer's estimate Page 18 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
CRT-12-004; Court Case
Frederick Edward Walker vs. City of Renton, et al
Meeting:
Regular Council - 14 May 2012
Exhibits:
Summons in Civil Case
Complaint for Damages
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, x6502
Recommended Action:
Refer to City Attorney and Insurance Services
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Summons in Civil Case and Complaint for Damages filed by Frederick Edward Walker, represented by
John R. Muenster, Attorney for Plaintiff, versus the City of Renton, et al, alleging arrest with excessive
force and without probable cause.
STAFF RECOMMENDATION:
n/a
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 19 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 20 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 21 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 22 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 23 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 24 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 25 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 26 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 27 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 28 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 29 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 30 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 31 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 32 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 33 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 34 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 35 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 36 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 37 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 38 of 90
7c. ‐ Court Case filed by Frederick Edward Walker vs. the City of Renton,
et al, represented by John R. Muenster, Attorney for Plaintiff, alleging Page 39 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Information Sharing Agreement
Meeting:
Regular Council - 14 May 2012
Exhibits:
Interlocal Information Sharing Agreement
Addendum to the Agreement
Resolution
Submitting Data: Dept/Div/Board:
Administrative Services
Staff Contact:
Iwen Wang, Administrator
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Renton participates in a tax administrators roundtable designed to share tax administrative information
and experience. The attached agreement would allow participants, including the cities of Bellevue,
Bellingham, and Seattle, to share taxpayer and/or audit information among members.
STAFF RECOMMENDATION:
Approve the resolution and authorize the Administrative Services Administrator to execute the
agreement.
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 40 of 90
MM/Roundtable
Version #2
6/11/03
H: \data\intercity\cities information sharing agreement III
AGREEMENT FOR SHARING TAXPAYER INFORMATION
BETWEEN PARTICIPATING CITIES
The Undersigned Cities, through the attached addenda agree that the sharing of
taxpayer information is in their mutual best interests. Each party enters into this
agreement with the understanding that any shared records or information are subject to
the disclosure provisions of RCW 42.56 and the terms of this agreement.
Therefore, the undersigned representatives of the cities hereby agree that the
undersigned city departments and agencies will share information with one another,
and that the agents, employees, officers, or any other person associated with each city
acquiring records and knowledge of such information shall act in accordance with the
following terms and conditions:
1.Definitions. For the purpose of this agreement, the term “record” is defined
in RCW 42.56.010 The term “information” includes all other data shared
under this agreement.
2.Subject of Agreement. Records and information subject to this agreement
include: (a) a taxpayer’s identity, (b) the deductions, exemptions, credit,
assets, liabilities, net worth, tax liability deficiencies, over assessments, or tax
payments whether taken from the taxpayer’s books and records or any other
source, (c) whether the taxpayer’s return was, is being, or will be examined
or subject to other investigation or processing, (d) other records or
information received by, recorded by, prepared by, furnished to, or collected
by the undersigned cities with respect to the determination of the existence,
or possible existence, of liability, or the amount thereof, of person under the
laws of the each city for tax, penalty, interest, fine, forfeiture, or other
imposition or offense.
3.Media. Records and information may be shared in any medium. Each agency
shall take all reasonable means necessary, consistent with the requirements
of RCW 42.56 or as otherwise required by law, to restrict access to tax
information to only those persons designated by the Directors of the
undersigned departments or agencies to receive such records and
information.
4. Agreement not to disclose. The undersigned cities, departments, and
agencies shall not share any records or information obtained through this
agreement with any organization or person not designated by the Directors
as authorized to request and receive information, unless required pursuant
to RCW 42.56, court order from civil or criminal judicial proceedings, or
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 41 of 90
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administrative proceedings, or as otherwise required by law. For records
requested pursuant to RCW 42.56, the city receiving such request shall
determine whether release of records is required, and shall as soon as
practicable advise the source agency that such information has been
requested so that the source agency may be allowed the opportunity to seek
court protection from disclosure if desired.
5.Accidental breach of security. In the event of an inadvertent disclosure of
confidential records, or information to persons not designated to receive
such information pursuant to this agreement or other lawful authority, the
city department or agency where the disclosure occurred (“disclosure city”),
upon becoming aware of such disclosure, shall seek to determine whether
any part of the disclosed information originated from another city (“source
city”). In such event, the disclosure city department shall promptly notify the
source city department and work with that department or agency to take
appropriate steps to remedy the problem.
6.Information Security Officer. All cities agree to appoint a staff person, or
persons, responsible for coordinating the exchange of electronically
transferred information, hereafter referenced as the “Information Security
Officer(s)”. Each city is solely and separately responsible for any costs relating
to its information security officer(s). All officers shall be named in an
addendum to this agreement. Such officer(s) is/are responsible to its city for
maintaining the security of electronically shared information, subject also to
paragraph five relating to accidental breach of security.
7. Frequency, details of exchange. Information may be shared individually or in
combined format covering more than one taxpayer. In any event, information
will be shared periodically, at least once a calendar year, or more frequently
upon the request of any of the undersigned cities, departments, or agencies.
8.Revocation; expulsion.
A. This agreement is not limited to a specific period of time, or to specific tax
returns, documents, records, or other information relating to any specific
years or periods. It will be considered to be in effect for all entities until
revoked by any one entity, at which time the revoking entity will no longer be
party to this agreement. Revocation may occur upon delivery by the revoking
city of a written notice of revocation to all other participating parties.
B. Upon revocation, and consistent with RCW 40.14, the Records Retention
Act, the revoking city shall purge or destroy all records and information
gathered from this agreement, to the extent any source city may be
identified therefrom, or alternatively deliver the same to the source city, the
revoking city not to retain copies thereof. Additionally, all non revoking cities
shall likewise purge or destroy all records and information gathered from this
agreement, to the extent that any record or information may be identified to
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 42 of 90
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originate from the revoking city, or alternatively deliver the same to the
revoking city, and not retain copies thereof.
C. Alternatively, if a majority of the participating cities agree for any reason
that a specific participating city should be expelled, a written notice of
expulsion shall be delivered, signed by the authorized persons of a majority
of the participating cities to the expelled city, whereupon the provisions
relating to revocation shall apply to the expelled city, as if it were a revoking
city.
9. Current copy. The tax administrators of the participating cities agree jointly
to maintain a copy of this agreement with all amendments and a current list
of participating cities at the following website _www.mrsc.org
_____________.
10. Amendments. Amendments shall be in writing, and signed by all participating
cities.
See attached signed addendums from signature cities
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 43 of 90
ADDENDUM (SIGNED BY EACH PARTICIPATING CITY) TO THE AGREEMENT
FOR SHARING TAXPAYER RECORDS AND INFORMATION
The undersigned City agrees to abide by the Agreement for Sharing Taxpayer Records
and Information dated ___________, a copy which is attached. The undersigned City
joins with all other Cities that have provided signed addendum to the Agreement, copies
which are also attached. The Information Security Officer(s) that are authorized to
coordinate and handle the exchanged confidential records, pursuant to section 4 of the
agreement, for the undersigned city is/are listed below.
The following individual(s) is/are hereby designated at Information Security Officer(s):
Name Title
Iwen Wang Administrative Service Administrator
Signed this _____day of May, 2012
_____________________________________________________________
(printed name of authorized individual) (title)
__________________________________
(signature)
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 44 of 90
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 45 of 90
7d. ‐ Administrative Services Department recommends approval of an
interlocal agreement including the cities of Bellevue, Bellingham, and Page 46 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Ordinance Amending RMC 3-4-3 Duties of
Administrator
Meeting:
Regular Council - 14 May 2012
Exhibits:
Ordinance Amending RMC 3-4-3
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Garmon Newsom II, x6487
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Since RMC 3-4-3 does not detail among other things the authority of the Administrative Services
Administrator to audit and examine records, this amendment clarifying that authority and other related
matters is required.
STAFF RECOMMENDATION:
Adopt the ordinance amending RMC 3-4-3 Duties of Administrator
7e. ‐ City Attorney Department recommends amending City Code to
detail the duties of the Administrative Services Administrator and clarify
Page 47 of 90
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
3-4-3 OF CHAPTER 4, ADMINISTRATIVE SERVICES DEPARTMENT, OF
ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON, WASHINGTON”, REVISING THE DUTIES OF THE ADMINISTRATIVE
SERVICES ADMINISTRATOR RELATING TO RECENT CHANGES IN THE
DEPARTMENT.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I.Section 3-4-3, Duties of Administrator, of Chapter 4, Administrative
Services Department, of Title III, Departments and Officers, of Ordinance No. 4260 entitled
“Code of General Ordinances of the City of Renton, Washington”, is hereby deleted in its
entirety and replaced with the following language:
3-4-3 DUTIES OF ADMINISTRATOR:
The Administrative Services Administrator duties, functions and powers
include but are not limited to the following:
A. Maintain a general accounting system, including but not limited to create
new budgeting, accounting and reporting funds and to consolidate and/or
close such existing funds except as may otherwise be directed by the
state law.
B.Manage the preparation of proposed budgets; monitor revenue receipts
and appropriate expenditures to implement the adopted budget; and
present, when necessary, financial, legislative or policy proposals
concerning the Administrative Services Department to the City Council for
approval.
7e. ‐ City Attorney Department recommends amending City Code to
detail the duties of the Administrative Services Administrator and clarify
Page 48 of 90
ORDINANCE NO. ________
2
C.Promulgate rules and procedures to administer City tax and license
ordinances as required by RMC Title 5.
D.Conduct and oversee internal and external audits or examinations,
including but not limited to the audits or examinations of:
1. Tax payer records;
2. Disbursements or refunds of City funds;
3. City financial transactions and activities.
E.Administer City debts, including but not limited to the coordination of
debt issuance; ensure timely processing of periodic debt service payments;
ensure compliance with federal, state regulations, and bond covenants;
provide financial information for ongoing disclosure and rating agencies
surveillance.
F.Collect monies due the City from any source; secure all public funds or
investments belonging to or under the control of the City; and deposit all
City funds in such approved depositories as is appropriate.
G.Administer the City’s investment program consistent with adopted policies
and procedures.
H.Submit to the City Council, not less than quarterly, a financial report in
sufficient detail to show the exact financial condition of the City, and to
submit as of the end of each fiscal year, a comprehensive annual financial
report.
I.Supervise and evaluate the performance of assigned and personnel.
J.Perform such other and lawful acts and functions necessary to carry out
7e. ‐ City Attorney Department recommends amending City Code to
detail the duties of the Administrative Services Administrator and clarify
Page 49 of 90
ORDINANCE NO. ________
3
this Chapter and/or as may be assigned by the Mayor.
SECTION II.This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2012.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2012.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1761:5/10/12:scr
7e. ‐ City Attorney Department recommends amending City Code to
detail the duties of the Administrative Services Administrator and clarify
Page 50 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Ordinance Adding Chapter 5-23 RMC,
Examinations, Records Preservation, Successor
Liability, And Public Disclosure
Meeting:
Regular Council - 14 May 2012
Exhibits:
Ordinance Adding Chapter 5-23 RMC
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Garmon Newsom II, x6487
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Title V does not provide clear authority for the Administrative Services Administrator to require or
conduct examinations, including audits; require that records be preserved for examination; or that
successors are liable for taxes. RMC 5-23 will provide the necessary authority to do, require or enforce
each of the aforementioned things.
STAFF RECOMMENDATION:
Adopt the ordinance adding Chapter 5-23 RMC, Examinations, Records Preservation, Successor
Liability, And Public Disclosure
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 51 of 90
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE V
(FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED
“CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, BY
ADDING A NEW CHAPTER 23, “EXAMINATIONS, RECORDS PRESERVATION,
SUCCESSOR LIABILITY, AND PUBLIC DISCLOSURE” CLARIFYING THE
ADMINISTRATIVE SERVICES ADMINISTRATOR’S AUTHORITY TO EXAMINE AND
AUDIT RECORDS; ALSO ADDING SUCCESSOR LIABILITY AND PUBLIC
DISCLOSURE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I.Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled
“Code of General Ordinances of the City of Renton, Washington”, is hereby amended by adding
a new chapter 23, entitled “Examinations, Records Preservation, Successor Liability, And Public
Disclosure” to read as follows:
CHAPTER 23
EXAMINATIONS, RECORDS PRESERVATION, SUCCESSOR LIABILITY,
AND PUBLIC DISCLOSURE
SECTION:
5-23-1:Applicability
5-23-2:Definitions
5-23-3:Examination Of Claims By City Officials
5-23-4:Records To Be Preserved – Examination - Estoppel If Records Or
Business Premises Are Not Preserved Or Made Available
5-23-5:Taxpayer Quitting Business – Liability Of Successor
5-23-6:Public Disclosure – Confidentiality – Information Sharing
5-23-1 APPLICABILITY:
This Chapter applies to every Chapter in Title V of the Renton Municipal Code. In
the event of a conflict between this Chapter and the specific requirements contained in
some other portion of Title V, the requirements enunciated in that other portion
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 52 of 90
ORDINANCE NO. ________
2
of Title V shall prevail.
5-23-2 DEFINITIONS:
A.Examination is defined as any inspection, audit, review or evaluation of
records, bills, invoices or related items for tax or fee payments, refunds,
or budget concerns.
B.Record is defined as broadly as possible, including but not limited to files
and notations, books, papers, invoices, vendor lists, inventories, stocks of
merchandise, and other data including federal and state tax returns
and/or regulatory reports, in electronic and other accessible, readable
formats.
5-23-3 EXAMINATION OF CLAIMS BY CITY OFFICIALS:
All claims, demands, or request for money, payment, reimbursement or refunds
of any bill, tax, or invoice presented to the City shall first be examined by the
appropriate administrative official. If the official determines a claim to be just,
due and unpaid he or she shall so indicate to the Administrative Services
Administrator or his/her designee, and shall further indicate the fund from which
payment is to be made and whether the appropriate funds are available.
5-23-4 RECORDS TO BE PRESERVED – EXAMINATION - ESTOPPEL IF RECORDS
OR BUSINESS PREMISES ARE NOT PRESERVED OR MADE AVAILABLE:
A. Every tax or fee-payer under this Title shall keep, maintain and preserve,
all records for six (6) years after filing a tax return, as such records may be
necessary to determine the amount of any fee or tax for which the person may
be liable.
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 53 of 90
ORDINANCE NO. ________
3
B.All records identified in subsection A above shall be open for examination
by the Administrative Services Administrator or his/her designee with reasonable
notice. Every tax or fee-payer’s business premises shall be open for inspection or
examination by the Administrative Services Administrator or his/her designee
with reasonable notice.
C. If a tax or fee-payer does not keep the necessary records within the city,
it shall be sufficient if such tax or fee-payer:
1. produces within the city such records as may be required by the
Administrative Services Administrator, or
2. bears the cost of examination by the Administrative Services
Administrator or his/her designee at the place where such records are kept;
provided, that the tax or fee-payer electing to bear such cost shall pay in advance
to the City of Renton the estimated amount thereof including round-trip fare,
lodging, meals and incidental expenses, subject to adjustment upon completion
of the examination.
D. Any tax or fee-payer who fails, or refuses the City’s request to provide or
make available any or all records, or to allow examination of any or all of the tax
or fee-payer’s business premises, shall be estopped from questioning in any
appeal or legal proceeding, the correctness of any assessment of taxes made by
the City for any period for which such records have not been provided, made
available or kept and preserved, or in respect of which examination of the
business premises has been denied. The Administrative Services Administrator or
his/her designee is authorized to determine the amount of the tax or fees
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 54 of 90
ORDINANCE NO. ________
4
payable by obtaining facts and information upon which to base the estimate of
the tax or fees due.
1. Such fee or tax assessment shall be deemed prima facie correct and
shall be the amount of tax owing the City by the taxpayer, and
2. The Administrative Services Administrator shall notify the tax or
fee-payer by mail the amount of tax so determined, together with any penalty,
interest, and fees due; the total of such amounts shall thereupon become
immediately due and payable.
5-23-5 TAXPAYER QUITTING BUSINESS – LIABILITY OF SUCCESSOR:
A.Whenever any taxpayer quits his or her business, sells out, exchanges, or
otherwise disposes of his or her business or stock of goods, any tax
payable hereunder shall become immediately due and payable. Such
taxpayer shall, within ten (10) days thereafter, make a return and pay the
tax due.
B.Any person who becomes a successor shall become liable for the full
amount of any tax owing. The successor shall withhold from the purchase
price a sum sufficient to pay any tax due to the City from the taxpayer
until such time as:
1.The taxpayer shall produce a receipt from the City showing payment
in full of any tax due or a certificate that no tax is due; or
2.More than six (6) months have passed since the successor notified the
Administrative Services Administrator of the acquisition and the Administrative
Services Administrator has not issued and notified the successor of an
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 55 of 90
ORDINANCE NO. ________
5
assessment.
C.Payment of the tax by the successor shall, to the extent thereof, be
deemed a payment upon the purchase price. If such payment is greater in
amount than the purchase price, the amount of the difference shall
become a debt due such successor from the taxpayer.
D.Notwithstanding the above, if a successor gives written notice to the
Administrative Services Administrator of the acquisition, and the
department does not within six (6) months of the date it received the
notice issue an assessment against the taxpayer and mail a copy of that
assessment to the successor, the successor shall not be liable for the tax.
5-23-6 PUBLIC DISCLOSURE – CONFIDENTIALITY – INFORMATION SHARING:
Except as hereinafter provided, it shall be unlawful for the City or any official,
employee, agent, or representative to disclose any facts, information, or record
contained in any return filed by any taxpayer or disclosed in any examination of
the taxpayer’s records; except where such disclosure or examination is
authorized or required by the Public Records Act, RCW 42.56, as it now exists or
is hereafter amended, or other state or federal law. The foregoing, however,
shall not be construed to prohibit the City or any official, employee, agent or
representative from:
A.Providing such facts or information as evidence in any appeal or hearing
before the hearing examiner or in any court action involving any tax,
interest or penalty imposed pursuant to RMC Title V or involving a
violation of the provisions of this Title.
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 56 of 90
ORDINANCE NO. ________
6
B.Giving such facts and information to the taxpayer or his duly authorized
agent.
C.Publishing statistics so classified as to prevent the identification of
particular taxpayers or their returns or reports or items.
D.Giving such facts or information to any employee of the City, the Mayor
and/or City Council, or to any City Council committee or subcommittee
dealing with matters of taxation, revenue, trade, commerce, and
examinations.
E.Permitting the taxpayer’s records to be examined by a City officer, agent
or employee.
F.Giving such facts, information, or records to the Federal Internal Revenue
Service, State Department of Revenue, and tax or law enforcement
officials of any federal or state agency or municipal subdivision of this
state, but only if substantially similar privileges are granted to the proper
offices of the City.
SECTION II.This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2012.
Bonnie I. Walton, City Clerk
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 57 of 90
ORDINANCE NO. ________
7
APPROVED BY THE MAYOR this _______ day of _____________________, 2012.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1762:5/7/12:scr
7f. ‐ City Attorney Department recommends amending City Code
by adding Chapter 5‐23, Examinations, Records Preservation, Successor Page 58 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Ordinance Amending RMC 6-10-1
Meeting:
Regular Council - 14 May 2012
Exhibits:
Ordinance Amending RMC 6-10-1
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Garmon Newsom II, x6487
Recommended Action:
Refer to Public Safety Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
A recent Washington State Supreme Court decision, Auburn v, Gauntt, No. 85892-2 (April 19, 2012),
rejected the claim that the state legislature impliedly granted municipalities authority to prosecute
violations of the RCW and WAC. Therefore, the City must expand the RCW chapters, sections, and
subsections, the Model Traffic Ordinance and WAC sections as they relate to criminal prosecutions
upon which it may base a criminal prosecution.
STAFF RECOMMENDATION:
Adopt the ordinance amending RMC 6-10-1.
7g. ‐ City Attorney Department recommends amending City Code by
adopting by reference State statutes as they relate to criminal Page 59 of 90
7g. ‐ City Attorney Department recommends amending City Code by
adopting by reference State statutes as they relate to criminal Page 60 of 90
7g. ‐ City Attorney Department recommends amending City Code by
adopting by reference State statutes as they relate to criminal Page 61 of 90
7g. ‐ City Attorney Department recommends amending City Code by
adopting by reference State statutes as they relate to criminal Page 62 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Riverview Park Pedestrian Bridge and
Habitat Project - Required Ten Percent
Grant Match for ALEA and LWCF Grant
Applications
Meeting:
Regular Council - 14 May 2012
Exhibits:
Issue Paper
Renton Community Foundation Letter
ALEA Resolution
LWCF Resolution
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Leslie Betlach, Parks Planning and Natural Resources
Director, ext. 6619
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $0
Amount Budgeted: $ 0 Revenue Generated: $$1,100,000
Total Project Budget: $ $1,100,000 City Share Total Project: $ 0
SUMMARY OF ACTION:
Resolutions 4138 and 4139 were authorized by Council in April 2012 which authorized the City to apply
for grant funding assistance to the state Recreation and Conservation Office (RCO) for the Riverview
Park Pedestrian Bridge and Habitat Project. The City is applying for funding from two sources - the Land
and Water Conservation Fund (LWCF) and the Aquatic Lands Enhancement Account (ALEA). The RCO
notified the City that local agencies are required to identify a non-federal, non-state grant match that is
a minimum of ten percent (10%) of the total project cost. The total project cost is estimated at
$1,100,000 necessitating a $110,000 grant match. The City has identifed the Charles L. Custer Park
Memorial Fund managed by the Renton Community Foundation as the source for the grant match. The
City will receive additional points in the grant scoring process if donated funds are used as the grant
match. The Memorial Fund has sufficient funds available and the project meets the Memorial Fund's
requirements for use of the funds. The City will make a formal application to the Renton Community
Foundation to use the funding. This request will be made when the City knows whether the Project is
being recommended for grant funding award (approximately October 2012).
STAFF RECOMMENDATION:
Adopt the Resolutions authorizing application to the Recreation and Conserviation Office (RCO) for
funding assistance for a $495,000 Aquatic Lands Enhancement Account (ALEA) development and
restoration grant and a $495,000 Land and Water Conservation Fund (LWCF) grant, identifying the
required ten percent (10%) matching share of the total project cost from the Charles L. Custer Park
Memorial Fund.
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 63 of 90
h:\parks\parks planning & natural resources director\grants\2013\riverview park\legislative\alea and lwcf\issue
paper\alea and lwcf issue paper rv. 5-2-12.doc
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:May 2, 2012
TO:Rich Zwicker, Council President
Members of the City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
SUBJECT:Riverview Park Pedestrian Bridge and Habitat Project
Required Ten Percent Grant Match
Aquatic Lands Enhancement Account (ALEA) and Land and Water
Conservation Fund (LWCF) Grant Applications
ISSUE:
Should the Mayor be authorized to make formal application for funding assistance for an
Aquatic Land Enhancement Account (ALEA) Grant and a Land and Water Conservation
Fund (LWCF) Grant with the Recreation and Conservation Office (RCO) and identify the
Charles L. Custer Park Memorial Fund as the required ten percent grant match?
RECOMMENDATION:
Adopt the Resolutions authorizing application for funding assistance for a $495,000
ALEA development and restoration grant and a $495,000 LWCF development grant and
identify the Charles L. Custer Park Memorial Fund as the required non-state, non-federal
grant match source.
BACKGROUND SUMMARY:
Resolutions 4138 and 4139 were authorized by Council in April 2012. The adopted
Resolutions authorize the City to apply to the Recreation and Conservation Office (RCO)
for funding assistance for the Riverview Park Pedestrian Bridge and Habitat Project. The
project includes removing and replacing the Riverview Park Pedestrian Bridge, adding
one new interpretive sign, replacing three twenty year old interpretive signs and
improving habitat along the river banks.
The City was notified by the RCO that local agencies are required to identify a
non-federal, non-state grant match that is a minimum of ten percent (10%) of the total
project cost. The total project cost is estimated at $1.1 million necessitating a $110,000
minimum grant match.
The grant application process awards additional points for projects that identify donated
funds as a grant match. The Charles L. Custer Park Memorial Fund managed by the
Renton Community Foundation meets the definition for donations. The fund was
established through a bequest from the Estate of Charles L. Custer who designated the
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 64 of 90
Rich Zwicker, Council President
Renton City Council Members
Page 2 of 2
May 2, 2012
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issue paper rv. 5-2-12.doc
funds for park purposes, including the use for grant match requirements for park
improvements. Sufficient funds are available and the Renton Community Foundation
(RCF) indicated that the City has the ability to use up to $200,000 as a grant match. The
City will need to make a formal application to the RCF Board of Directors to use the
funding. This formal request will be made at a later date once the City knows whether
the Project is being recommended by the RCO for grant funding award (approximately
October 2012).
The RCO provided an extension to May 21, 2012 for the City to submit new resolutions
identifying the non-federal, non-state grant match. The following new verbiage is
included in the new ALEA and LWCF Resolutions for your consideration:
“The City of Renton hereby certifies that the ten percent (10%) matching share of
the total project cost will be derived from the Charles L. Custer Park Memorial
Fund.”
In all other regards, the previously authorized resolution(s) verbiage remains unchanged.
CONCLUSION:
Adopting the two Resolutions will authorize the application to the Recreation and
Conservation Office (RCO) for funding assistance from the Aquatic Lands Enhancement
Account (ALEA) for $495,000 and the Land and Water Conservation Fund (LWCF) for
$495,000, with a ten percent (10%) total project grant match of $110,000 from the
Charles L. Custer Renton Park Memorial Fund. Funding will be utilized for the removal
and replacement of the Riverview Park Pedestrian Bridge including habitat
improvements and interpretive signage.
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 65 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 66 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 67 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 68 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 69 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 70 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 71 of 90
7h. ‐ Community Services Department recommends adopting amended
resolutions authorizing application to the Washington State Recreation
Page 72 of 90
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Approval of First Amendment to Agreement CAG-
11-027 Between Sound Transit and the City of
Renton to Revise the Schedule of Reimbursement
Payments from Sound Transit to the City for the
SW 27th Street/Strander Blvd. Project.
Meeting:
Regular Council - 14 May 2012
Exhibits:
First Amendment to Agreement CAG-11-027
Between Sound Transit and the City of Renton
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Gregg Zimmerman ext. 7311
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Agreement CAG-11-027 between Sound Transit and the City of Renton establishes the respective roles
and responsibilities of the two agencies for the design and construction of the SW 27th Street/Strander
Blvd. and the Rainier Avenue improvement projects. The First Amendment to CAG-11-027 advances the
fourth and final $1,000,000 reimbursement payment from Sound Transit to the City from the date of
substantial completion of construction to the date of construction 75% complete. This advancement in
the timing of the final reimbursement payment will improve the cash flow for this project, and will allow
the $2,500,000 funding for the project from the 2011-2013 State Transportation Budget to be “the last
funds expended,” as required by a state budget proviso.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the First Amendment to Agreement CAG-11-027 between
Sound Transit and the City of Renton.
7i. ‐ Public Works Department recommends approval of the First
Amendment to CAG‐11‐027, with Sound Transit, to revise the schedule
Page 73 of 90
FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND THE CITY OF RENTON
THIS First Amendment is made this ____ day of ______, 2012 to the Agreement
between the Central Puget Sound Regional Transit Authority (hereinafter referred to as “Sound
Transit”) and the City of Renton, a municipal corporation (“Renton” or “City”), dated February
25, 2011 (City contract number CAG-11-027).
RECITALS
WHEREAS, the City and Sound Transit entered into an Agreement on February 25, 2011
(the “2011 Agreement”) to outline the scope, schedule and budget for the Strander
Boulevard/SW 27th Street Extension, West Valley Highway to Oakesdale Ave. S.W., and Rainier
Avenue Arterial Improvements Projects; and
WHEREAS, the responsibilities of the Parties for the funding of the construction of the
projects is specified in Section 3 and the project development and funding schedule is specified
in Exhibit A of the 2011 Agreement; and
WHEREAS, the state legislature adopted and on May 16, 2011 the Governor signed into
law the 2011-2013 Transportation Budget bill ESHB 1175 which in Section 310(16) includes a
budget proviso that states, “An additional $2,500,000 of the motor vehicle account – federal
appropriation is provided solely for the Strander Blvd/SW 27th St Connection project (1LP902F),
which amount is reflected in the LEAP transportation document identified in subsection (7) of
this section. These funds may only be committed if needed, may not be used to supplant any
other committed project partnership funding, and must be the last funds expended”; and
WHEREAS, the aforesaid $2,500,000 funding is a necessary funding source for the
Strander Blvd/SW 27th St Connection project, and may by law only be expended after the Sound
Transit funding contribution is expended; and
WHEREAS, Exhibit A of the 2011 Agreement provides that the final $1,000,000 funding
contribution for the Strander Blvd/SW 27th St Connection project will be available when
construction is substantially complete, which conflicts with the state’s requirement that the
$2,500,000 provided by the state transportation budget must be the last funds expended; and
WHEREAS, Section 2 of the 2011 Agreement, COOPERATION AND GOOD FAITH EFFORTS,
provides 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 of the work should occur as early as
possible in the process, and . . . Each party agrees to work cooperatively and in good faith
toward resolution of any such issues.”;
7i. ‐ Public Works Department recommends approval of the First
Amendment to CAG‐11‐027, with Sound Transit, to revise the schedule
Page 74 of 90
NOW THEREFORE, in consideration of the above premises, the City and Sound Transit do
hereby agree to amend the 2011 Agreement as follows.
1.0 PURPOSE
The purpose of this First Amendment is to amend the 2011 Agreement so that Sound Transit’s
final installment payment of $1,000,000 for the Strander Boulevard Project is made when the
Project is 75% complete, as shown on Exhibit A, Amendment 1.
2.0 PROJECT DEVELOPMENT AND FUNDING SCHEDULE
Exhibit A is replaced in its entirety with the attached “Exhibit A, Amendment 1”.
3.0 EFFECT OF FIRST AMENDMENT
Unless expressly revised by this First Amendment, all other terms and conditions of the 2011
Agreement shall remain in effect and unchanged by this First Amendment.
IN WITNESS WHEREOF, the Parties hereby agree to the terms and conditions of the
Agreement as of the date first written above.
For the City of Renton:For Sound Transit:
______________________________________________________________
By:Denis Law By:Joan M. Earl
Title:Mayor Title:Chief Executive Officer
Approved as to Form:Approved as to Form:
______________________________________________________________
By:Lawrence J. Warren By:Stephen G. Sheehy
Title:Renton Legal Counsel Title:Sound Transit Legal Counsel
Attest:
_______________________________
By:Bonnie I. Walton
Title:Renton City Clerk
Exhibit “A”, Amendment 1
Project Development & Funding Schedule
7i. ‐ Public Works Department recommends approval of the First
Amendment to CAG‐11‐027, with Sound Transit, to revise the schedule
Page 75 of 90
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 $1,000,000
Construction 60% complete $1,000,000
Construction 75% complete $1,000,000
TOTAL Strander Boulevard Phase 2 Funding $4,000,000
Rainier Avenue Arterial Improvements
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 $ 2,500,000
Street Construction 30% complete $ 1,425,000
Street Construction 60% complete $ 2,550,000
Street Construction substantially complete $ 1,425,000
TOTAL Rainier Arterial Improvements Funding $14,900,000
7i. ‐ Public Works Department recommends approval of the First
Amendment to CAG‐11‐027, with Sound Transit, to revise the schedule
Page 76 of 90
9a. ‐ Interlocal agreement with participating cities regarding sharing of
taxpayer information (See 7.d.)
Page 77 of 90
9a. ‐ Interlocal agreement with participating cities regarding sharing of
taxpayer information (See 7.d.)
Page 78 of 90
9b. ‐ Amending Resolution No. 4138 regarding application for an Aquatic
Lands Enhancement (ALEA) grant (See. 7.h.)Page 79 of 90
9b. ‐ Amending Resolution No. 4138 regarding application for an Aquatic
Lands Enhancement (ALEA) grant (See. 7.h.)Page 80 of 90
9b. ‐ Amending Resolution No. 4138 regarding application for an Aquatic
Lands Enhancement (ALEA) grant (See. 7.h.)Page 81 of 90
9c. ‐ Amending Resolution No. 4139 regarding application for a Land and
Water Conservation Fund (LWCF) grant (See 7.h.)Page 82 of 90
9c. ‐ Amending Resolution No. 4139 regarding application for a Land and
Water Conservation Fund (LWCF) grant (See 7.h.)Page 83 of 90
9c. ‐ Amending Resolution No. 4139 regarding application for a Land and
Water Conservation Fund (LWCF) grant (See 7.h.)Page 84 of 90
9d. ‐ Memorandum of Understanding with King County Fire Protection
District 40 regarding provision of communication and technology Page 85 of 90
9d. ‐ Memorandum of Understanding with King County Fire Protection
District 40 regarding provision of communication and technology Page 86 of 90
9a. ‐ Repealing Ordinance No. 3758 regarding the 1983 Shoreline Master
Program (1st reading 5/7/2012)Page 87 of 90
9a. ‐ Repealing Ordinance No. 3758 regarding the 1983 Shoreline Master
Program (1st reading 5/7/2012)Page 88 of 90
9b. ‐ Correcting a code citation to the Fee Schedule (1st reading
5/7/2012)Page 89 of 90
9b. ‐ Correcting a code citation to the Fee Schedule (1st reading
5/7/2012)Page 90 of 90