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HomeMy WebLinkAboutCouncil 07/07/2008 .t +� AGENDA RENTON CITY COUNCIL • REGULAR MEETING July 7, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Special Olympics Recognition 4. ADMINISTRATIVE REPORT 5. 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 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 6. 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 6/23/2008. Council concur. b. Court Case filed on behalf of Kennydale Critical Areas Alliance and Susan Rider, by Ashley A. Peck and David S. Mann, Gendler &Mann, LLP, seeking judicial review and reversal of City Council's decision of June 9, 2008, regarding the Blueberry Haven Short Plat appeal (LUA-07- 131). Refer to City Attorney and Insurance Services. c. City Clerk reports the official population of the City of Renton as of 4/1/2008 to be 78,780 as calculated by the State of Washington Office of Financial Management. Information. d. Community and Economic Development Department recommends authorizing the Mayor to send a letter to the King County Council presenting the City's position on the 2008 King County Comprehensive Plan Amendments. Council concur. e. Community and Economic Development Department recommends approval of the multi-family housing property tax exemption agreement for the 2nd&Main Apartments project. Refer to Planning &Development Committee. f. Community and Economic Development Department submits, as an emergency finding, two additional proposed 2008 Comprehensive Plan amendments (two map amendments - Fairwood/Redmill and Benson Hill). Refer to Planning&Development Committee and Planning Commission. g. Community and Economic Development Department recommends approval of the ordinance effectuating the Liberty Annexation area, and presenting the ordinance for first and second reading. Council concur. (See 8.a. for ordinance.) h. Fire and Emergency Services Department recommends acceptance of$805,254 from King County for basic life support services for 2008. Council concur. (See 8.b. for resolution.) i. Police Department reports application for funds in the amount of$12,189 from the Edward • Byrne Memorial Justice Assistance Grant to help fund the Domestic Violence Victim Advocate program. Information. (CONTINUED ON REVERSE SIDE) j. Utility Systems Division requests approval of an agreement in the amount of$24,948 with RH2 Engineering for the design of replacement transformers and electrical connections at City water facilities. Council concur. • k. Legal Division recommends contributing an additional $25,000 to the consortium of government entities to fund further work on the appeals to the proposed NPDES II permit (National Pollutant Discharge Elimination System, Phase II). Council concur. 7. 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. Planning & Development Committee: Multi-Family Housing Property Tax Exemption Modifications* b. Transportation (Aviation) Committee: Memorandum of Understanding with WSDOT re: Traffic Signals at I-405 ramp on Talbot Rd. S.*; Duvall Ave. NE Widening Underground Utility Conversion Agreement with Qwest 8. RESOLUTIONS AND ORDINANCES Resolutions: a. Memorandum of Understanding with WSDOT re: Traffic Signals at 1-405 ramp on Talbot Rd. S. (see 7.b.) b. King County subsidy contract for 2008 basic life support services (see 6.h.) Ordinances for first reading: a. Multi-family housing property tax exemption modifications (See 7.a.) b. Alleys in the R-8 zone (Council approved via Planning&Development Committee report on 6/23/2008) • Ordinance for first reading and advancement to second and final reading: a. Approving the Liberty Annexation (see 6.g.) Ordinances for second and final reading: a. 2008 Budget position re: New Administrative Assistant in Human Resources (1st reading 6/23/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Canceled • • 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 RE-CABLECAST TUES. &THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT. &SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting July 7,2008 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF Marcie Palmer, Council President; Randy Corman; Greg Taylor; Rich Zwicker; COUNCILMEMBERS King Parker;Don Persson. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN DENIS LAW,Mayor; MARTY WINE,Assistant CAO; ZANETTA FONTES, ATTENDANCE Assistant City Attorney;BONNIE WALTON, City Clerk; GREGG ZIMMERMAN Public Works Administrator; ALEX PIETSCH, Community and Economic Development Administrator; TERRY HIGASHIYAMA, Community Services Administrator; GERALD RERECICH,Recreation Director; SHAWN DALY, Senior Services Coordinator; SEAN CLAGGETT, Recreation Specialist II; DEPUTY CHIEF MARK PETERSON,Fire Department;DEPUTY CHIEF TIM TROXELL,Police Department. SPECIAL PRESENTATION Shawn Daly, Senior Services Coordinator announced that the Washington State Community Services: Special Special Olympics finals in soccer, cycling, and track and field took place at Olympics Athlete Recognition Fort Lewis earlier this year. He pointed out that 70 athletes represented Renton in those sports. Sean Claggett,Recreation Specialist II, introduced each athlete present,who in turn announced his or her particular sport(s). ADMINISTRATIVE Assistant Chief Administrative Officer Wine reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: * The Renton Municipal Arts Commission is sponsoring an original artwork display by the Sierra Heights Elementary School Art Program through August 10 in the Carco Theatre lobby located at 1717 Maple Valley Hwy. * The City of Renton and the Renton School District are working together to provide free summer lunches to children ages 1 to 18 at five local parks: • Kennydale,Kiwanis,Philip Arnold, Teasdale, and Tiffany. Children can receive a nutritionally balanced lunch and enjoy drop-in summer recreational programs at any of these sites each week,Monday through Friday. Mayor Law congratulated City staff for a 'ob well done at the 4th of July Y celebration at Gene Coulon Memorial Beach Park. He also remarked that the "Return to Renton" car show was a great success. AUDIENCE COMMENT Linda Petersen(King County) expressed support for the consent agenda item Citizen Comment: Petersen- that would add the Fairwood/Redmill area to the review process for proposed 2008 Comprehensive Plan 2008 Comprehensive Plan amendments. Amendments Citizen Comment: Tharp- Ed Tharp (Renton)inquired about Valley View Mobile Home Park being Valley View Mobile Home rezoned to Residential 4(R-4)zoning due to the recent New Life-Aqua Barn Park annexation. Mayor Law said the matter will be investigated. July 7,2008 Renton City Council Minutes Page 222 CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of June 23, 2008. Council concur. June 23, 2008 Court Case: Kennydale Court Case filed on behalf of Kennydale Critical Areas Alliance and Susan Critical Areas Alliance& Rider,by Ashley A. Peck and David S. Mann, Gendler&Mann,LLP, seeking Susan Rider, CRT-08-006 judicial review and reversal of City Council's decision of June 9,2008, regarding the Blueberry Haven Short Plat appeal (LUA-07-131). Refer to City Attorney and Insurance Services. City Clerk: 2008 Renton City Clerk reported the official population of the City of Renton as of 4/1/2008 Population to be 78,780 as calculated by the State of Washington Office of Financial Management. Information. King County: 2008 Community and Economic Development Department recommended authorizing Comprehensive Plan the Mayor to send a letter to the King County Council presenting the City's Amendments position on the 2008 King County Comprehensive Plan Amendments. Council concur. CED: Multi-Family Housing Community and Economic Development Department recommended approval of Property Tax Exemption, 2nd the multi-family housing property tax exemption agreement for the 2nd&Main &Main Apartments Apartments project. Refer to Planning&Development Committee. Comprehensive Plan: 2008 Community and Economic Development Department submitted, as an Amendments emergency finding,two additional proposed 2008 Comprehensive Plan amendments (two map amendments -Fairwood/Redmill and Benson Hill). Refer to Planning&Development Committee and Planning Commission. Annexation: Liberty, 156th Community and Economic Development Department recommended approval of Ave SE& SE 144th St the ordinance effectuating the Liberty Annexation, and presenting the ordinance for first and second reading. Council concur. (See page 225 for ordinance.) Fire: 2008 Basic Life Support Fire and Emergency Services Department recommended acceptance of Services,King County $805,254 from King County for basic life support services for 2008. Council concur. (See page 224 for resolution.) Police: Domestic Violence Police Department reported application for funds in the amount of$12,189 Advocacy.Assistance Program, from the Edward Byrne Memorial Justice Assistance Grant to help fund the Edward Byrne Memorial Domestic Violence Victim Advocate program. Information. Justice Assistance Grant Utility: Transformers & Utility Systems Division requested approval of an agreement in the amount of Connections Replacement $24,948 with RH2 Engineering,Inc. for the design of replacement transformers Design,RH2 Engineering and connections at City water facilities. Council concur. Legal:NPDES Stormwater Legal Division recommended contributing up to an additional$25,000 to the Permit,Additional Funds consortium of government entities to fund further work on the appeals to the proposed NPDES II permit(National Pollutant Discharge Elimination System, Phase II). Council concur. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. J I July 7,2008 Renton City Council Minutes Page 223 UNFINISHED BUSINESS Transportation(Aviation) Committee Chair Corman presented a report Transportation(Aviation) recommending concurrence in the staff recommendation to authorize the Mayor Committee and City Clerk to execute the Memorandum of Understanding with the Transportation: I-405 (at Washington State Department of Transportation regarding the cooperative Talbot Rd S)Cooperative operation of traffic signals at the I-405 ramp located on Talbot Rd. S. The Traffic Signal Operation, Committee further recommended that the resolution regarding this matter be WSDOT presented for reading and adoption. MOVED BY CORMAN, SECONDED BY PARKER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 224 for resolution.) Transportation: Duvall Ave Transportation(Aviation) Committee Chair Corman presented a report NE Reconstruction Utility recommending concurrence in the staff recommendation to authorize the Mayor Conversion, Qwest and City Clerk to execute the proposed Construction Agreement NCA2730.0 and the Statement of Work No.NCA2730.SS1.0 with Qwest, for Qwest to reimburse the City for its share of undergrounding utility conversion costs, estimated at$100,428. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Council: Transportation Transportation(Aviation) Committee Chair Corman presented a Transportation (Aviation)Committee Agenda (Aviation)Committee clean-up report recommending the following referrals be Item Clean-up Report closed: 1. Item#2328, "Downtown Connectivity to The Landing(Wayfmding)." The Committee met to discuss the matter on 4/18/2007. The matter is closed as a result of referral#2389 approving a contract with Sea Reach,Ltd. on 4/23/2007 for a wayfinding system. 2. Item#2337, "Maple Valley Highway Improvements Phase 2,WSDOT." The contract was approved by Council on 10/1/2007. 3. Item#2386, "Airport Policy Issues,Paholke Correspondence." This matter was referred to the City Attorney's office as part of an FAA Part 16 complaint. 4. Item#2390, "Northwest Seaplanes Lease Addendum." This matter was withdrawn by Northwest Seaplanes because they are working on a new proposal. 5. Item#2391, "Kenmore Air Harbor Lease."This matter was withdrawn by Kenmore Air because they are working on a new proposal. 6. Item#2456, "Transit to Southport, Lake Washington Blvd.N." This matter is closed as a result of Renton's participation in Transit Now's Route 110. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning&Development Planning&Development Committee Chair Parker presented a report Committee recommending concurrence in the staff recommendation to: CED: Multi-Family Housing 1. Approve the modifications to the designated residential targeted areas for Property Tax Exemption eligible projects for the Multi-Family Housing Property Tax Exemption; Modifications and 2. Adopt an ordinance to amend the Exemption(RMC 4-1-220)by: a. Modifying the designated residential targeted areas; b. Implementing the provisions of House Bill 1910; A July 7,2008 Renton City Council Minutes Page 224 c. Incorporating affordable housing; and d. Modifying project eligibility and fees The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) Council: Planning& Planning&Development Committee Parker presented a Planning& Development Committee Development Committee clean-up report recommending the following referrals Agenda Item Clean-up Report be closed: 1. Item#2308,"Multiple-Story Building Within the Height Limitation." This issue will be handled as part of the 2006 Title IV Docket housekeeping (#2397). 2. Item#2393, "Public Right of Way,Political Sign Placement." The Committee met to discuss this issue on 6/21/2007, 8/9/2007, and 9/6/2007. The City Attorney prepared a preliminary draft,but at this time the Committee recommends no further action be taken. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3954 A resolution was read authorizing the Mayor and City Clerk to execute the Transportation: I-405 (at Memorandum of Understanding between the State of Washington Department Talbot Rd S) Cooperative of Transportation and the City of Renton,regarding the cooperative operation Traffic Signal Operation, of traffic signals at the I-405 ramp located on Talbot Rd. S. MOVED BY WSDOT PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3955 A resolution was read authorizing the Mayor and City Clerk to enter into a Fire: 2008 Basic Life Support contract with King County regarding funding for Basic Life Support services Services,King County for the Renton Fire and Emergency Services Department. MOVED BY TAYLOR, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 7/14/2008 for second and final reading: CED: Multi-Family Housing An ordinance was read amending Chapter 1,Administration and Enforcement, Property Tax Exemption of Title IV(Development Regulations) of City Code,by modifying the Modifications designated residential targeted areas, implementing the provisions of House Bill 1910, incorporating affordable housing, and modifying project eligibility and fees. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 7/14/2008. CARRIED. July 7,2008 Renton City Council Minutes Page 225 Planning: Development An ordinance was read amending Chapter 2,Zoning Districts -Uses and Regulations (Title IV)Docket Standards, of Title IV (Development Regulations) of City Code,to add Review regulations regarding the required location for parking for properties that abut an alley in the Residential 8 (R-8) single family residential zoning designation. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 7/14/2008. CARRIED. The following ordinance was presented for first reading and advancement to second and final reading: Annexation: Liberty, 156th An ordinance was read annexing approximately 193 acres, generally located Ave SE& SE 144th St east of 152nd Ave. SE, if extended, and south of SE 136th St., with approximately 27 acres north of SE 136th St.; Liberty Annexation. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5398 Following second and final reading of the above referenced ordinance, it was Annexation: Liberty, 156th MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ADOPT Ave SE& SE 144th St THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5399 An ordinance was read amending the 2008 Budget by adding the position of Budget:New Administrative Human Resources Administrative Assistant to the 2008 Budget index of Assistant Position,Human positions. MOVED BY PERSSON, SECONDED BY PARKER, COUNCIL Resources ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. NEW BUSINESS Council President Palmer reported that volunteers are needed to help cut out Community Services: "Once patterns and sew costumes for the teen musical, "Once Upon a Mattress," Upon a Mattress" Teen opening at Carco Theatre on July 25. Musical AUDIENCE COMMENT Dave McCammon(Renton)thanked City officials and staff for notifying Citizen Comment: McCammon citizens in newly annexed areas about the fireworks ban. -Fireworks Ban ADJOURNMENT MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 7:29 p.m. J Bonnie I.Walton, CMC, City Clerk Recorder: Jason Seth July 7, 2008 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING July 7, 2008 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 7/14 Library Master Plan; (Palmer) 5:15 p.m. Emerging Issues in Transportation *7th Floor Conferencing Center* COMMUNITY SERVICES (Briere) FINANCE MON., 7/14 Vouchers; (Persson) 4:00 p.m. Business License Fee Reporting Period Changes; Bad Debt Write-Off; Benson Hill Area Non-Profit Organizations Utility Billing Adjustments PLANNING & DEVELOPMENT THURS., 7/10 Helipads Zoning Code Amendments - (Parker) 3:00 p.m. 2007 Title IV Docket PUBLIC SAFETY (Taylor) TRANSPORTATION (AVIATION) THURS., 7/10 2009-2014 Six-Year Transportation (Corman) 4:00 p.m. Improvement Program; Local & Regional Transportation Issues (briefing only) UTILITIES THURS., 7/10 Boundary Agreement with Soos Creek (Zwicker) 2:30 p.m. Water& Sewer District NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. Cti`�Y O� ADMINISTRATIVE, JUDICIAL, AND ♦ , LEGAL SERVICES DEPARTMENT �'� O� MEMORANDUM DATE: July 7, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council FROM: Denis Law, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • The Renton Municipal Arts Commission is sponsoring an original artwork display by the Sierra Heights Elementary School Art Program through August 10 in the Carco Theatre j lobby located at 1717 Maple Valley Highway, 9 a.m. to 5 p.m., Mondays through Fridays, and during show nights. The artwork reflects student work created in the 2007-2008 school year through the Art Docent program of discussion of famous art. The Renton Municipal Arts Commission showcases two-dimensional works by local artists on a rotating basis in the Carco Theatre lobby. To be considered for future displays, submit an on-line application by searching "Arts Commission" at rentonwa.gov or calling 425-430-6589. • The Maureen Highlands and Windwood Homeowners Associations will hold a combined neighborhood picnic this Wednesday, July 9, from 5:30 to 8 p.m. in the common area located on NE 4th Place and Rosario Avenue NE at the entrance into the Windwood neighborhood. Residents are encouraged to bring their favorite potluck dish and attend the picnic to get to know their immediate and surrounding neighbors and meet City representatives. • The Port of Seattle is hosting an Eastside Rail Corridor Informational Open House at Kennydale Elementary School on July 10 from 7 to 9 p.m. The public is invited to learn more about the purchase and sale agreement, the transaction timeline and plans for public involvement. For more information, contact Geri Poor with the Port of Seattle at 206-728- 3778. • The City of Renton and the Renton School District are working together to provide free summer lunches to children ages 1 to 18 at five local parks: Kennydale, Kiwanis, Philip Arnold, Teasdale, and Tiffany. Children can receive a nutritionally balanced lunch and enjoy drop-in summer recreational programs at any of these sites each week Monday through Friday. Additional lunch program sites include the RAYS Family Center in Skyway, the Creston Point Apartments, and the Ukrainian Community Center. For additional information, call 425-430-6700 or visit rentonwa.gov. 1 Agenda Item No.: RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: -7/7 /10? PLEASE PRINT 5 Minute Time Limit 15 Named--0 6C)- Name: Address: ) 4 L 1 5f- /g Address: City ITZip Code gb 66 City Zip Code Topic: -r w� c/o-Atoll� � Topic: 26 � Name: 4 cb Name: Address:7Z05 ((t ems/ il()lI Address: l City v u d , Zip Code '755 6 S� City Zip Code Topic: v � p Topic: 3 7 Name: Dail( de,Ca vn'o Name: Address: f 7 2 Z I f 2516 ,i/f Address: City �l� Zip Code q 10 City Zip Code Topic: � rev�drl!.S ge Pl5c4/ / l/ Topic:ic: 4 8 Name: Name: Address: Address: City Zip Code City Zip Code Topic: Topic: (CONTINUED ON REVERSE SIDE) r CITY OF RENTON COUNCIL AGENDA BILL ., ==1 AI#: 6 • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk July 7, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-08-006; Court Case Correspondence.. Kennydale Critical Areas Alliance, a Washington non- Ordinance profit corporation; and Susan Rider, Petitioners, v. Resolution City of Renton, a Washington Municipal Corporation; Old Business and Richard and Lauralee Gordley, husband and wife, Respondents Exhibits: New Business Summons and Land Use Petition Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other 1 Fiscal Impact: 411; Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Summons and Land Use Petition filed by Ashley A. Peck and David S. Maim, Gendler & Mann, LLP, 1424 Fourth Avenue, Suite 1015, Seattle, 98101, on behalf of Kennydale Critical Areas Alliance and Susan Rider, each with addresses of 1835 NE 20th St., Renton, WA 98056, who seek judicial review and reversal of the City Council's decision of June 9, 2008, regarding the Blueberry Haven Short Plat Appeal; File: LUA-07-131, SHP-A, ECF. 1111 L ft I—WU-wv 1 CITY OF RENTON • 2 JUN 2 7 20018 3 RECEIVED CITY CLERKS OFFICE 4 via 11BC Leyal eowrier 5 1a.'3o?dn. 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY 9 10 KENNYDALE CRITICAL AREAS ALLIANCE, a Washington non-profit 11 corporation; and SUSAN RIDER, NO. 12 Petitioners, 13 SUMMONS v. 14 • 15 CITY OF RENTON, a Washington Municipal Corporation; and RICHARD • 16 and LAURALEE GORDLEY, husband and wife, 17 18 Respondents. 19 TO THE RESPONDENTS: 20 A lawsuit has been started against you in the above-entitled Court by Kennydale 21 Critical Areas Alliance and Susan Rider,petitioners. Petitioners' claim is stated in the written Land Use Petition, a copy of which is served upon you with this Summons. 22 In order to defend against this lawsuit, you must respond to the Land Use Petition by 23 stating your defense in writing, and serve a copy upon the undersigned attorney for the 24 petitioners within 20 days if service of this Summons is made upon you within the State of Washington,or within 60 days if service is made upon you outside of the State of Washington, 25 excluding the day of service,or a default judgment may be entered against you without notice. A default judgment is one where the petitioners are entitled to what they ask for because you 26 have not responded. If you serve a notice of appearance on the undersigned attorney, you are 27 entitled to notice before a default judgment may be entered. • 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 `� Phone: (206)621-8868 SUMMONS 1 [0-.) Fax: (206)621-0512 Cc: CHy forncy rusk ntyM1<- Mantih srifak/r lna or Lain Cab Acid. ALIMfKtsf'ratot r 1 You may demand that the petitioners file this lawsuit with the Court. If you do so, the 2 demand must be in writing and must be served upon the petitioners. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the Court, or the service on you of 3 this Summons will be void. 4 If you wish to seek the advice of an attorney in this matter, you should do so promptly 5 so that your written response, if any, may be served on time. 6 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. 7 8 DATED this Z�� day of June, 2008. 9 Respectfully submitted, 10 GENDLER & MANN, LLP 11 12 By: )01 13 Ashley A.' eck 14 WSBA No. 39254 David S. Mann 15 WSBA No. 21068 Attorneys for Petitioners 16 \KCAA(Den)\LUPA case\Summons 6 25 08.wpd 17 18 19 20 21 22 23 24 25 26 27 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 Phone: 1206)621-8868 SUMMONS - 2 Fax: 12061 621-0512 i .3-f°l OF RENON 1 IUN 2 i 2008 • - RECEIVED 2 CIi"�°CLERK'S OFFICE 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY 9 10 KENNYDALE CRITICAL AREAS ALLIANCE, a Washington non-profit 11 corporation; and SUSAN RIDER, NO. 12 Petitioners, 13 LAND USE PETITION v. 111 14 15 CITY OF RENTON, a Washington Municipal Corporation; and RICHARD 16 and LAURALEE GORDLEY, husband and wife, 17 18 Respondents. 19 Pursuant to RCW 36.70C.070, the Kennydale Critical Areas Alliance ("KCAA") 20 alleges as follows in support of its Land Use Petition. 21 1. NAME AND MAILING ADDRESS OF THE PETITIONERS 22 Kennydale Critical Areas Alliance 23 1835 NE 20th Street 24 Renton, WA 98056 25 Susan Rider 1835 NE 20th Street 26 Renton, WA 98056 27 • 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 LAND USE PETITION - 1Phone: 12061 621-8868 G% Fax: (2061621-0512 1 2. NAME AND MAILING ADDRESS OF PETITIONERS' ATTORNEY 2 Ashley A. Peck • 3 David S. Mann Gendler & Mann, LLP. 4 1424 Fourth Avenue, Suite 1015 5 Seattle, WA 98101 6 3. NAME AND MAILING ADDRESS OF LOCAL JURISDICTION WHOSE LAND USE DECISION IS AT ISSUE 7 8 City of Renton 1055 S. Grady Way 9 Renton, WA 98057 10 11 4. IDENTIFICATION OF THE DECISION-MAKING BODY 12 4.1 At issue is a decision by the Renton City Council on June 9, 2008, reversing 13 the Renton Hearing Examiner's March 27,2008 decision and thereby reinstating the Blueberry 14 Haven Short Plat, SHP-07-131. • 15 5. IDENTIFICATION OF EACH PERSON TO BE MADE A PARTY 16 UNDER RCW 36.70C.040(2)(b) THROUGH (d) 17 The applicants for the project are identified as: 18 Richard and Lauralee Gordley 19 2010 Jones Ave. NE 20 Renton, WA 98056 21 In their appeal of the Hearing Examiner's decision,the applicants were represented by: 22 Kevin T. Steinacker 23 Dickson Steinacker LLP 1401 Wells Fargo Plaza 24 1201. Pacific Avenue Tacoma, WA 98402 25 26 27 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 Phone: 12061 621-8868 LAND USE PETITION - 2 Fax: (206) 621-0512 • 1 6. FACTS DEMONSTRATING THE PETITIONERS HAVE STANDING 2 TO SEEK JUDICIAL REVIEW UNDER RCW 30.70C.060 3 6.1. Petitioner Kennydale Critical Areas Alliance is a Washington non-profit 4 corporation composed of neighbors who own property and reside in the Upper Kennydale Area 5 near the subject site. Petitioner Susan Rider is the president of KCAA. Ms. Rider owns 6 property and resides across the street from the subject site and along Kennydale Creek. 7 8 Ms. Rider and other KCAA members highly value Kennydale Creek and the neighborhood's 9 wetlands for the wildlife habitat and aesthetic values they provide. As such,they have actively 10 advocated for the protection of these critical areas, consistent with the law, for several years. 11 They have particularly advocated for the City of Renton to correctly designate Kennydale 12 Creek consistent with its perennial flow and apply appropriate land use protections. 13 14 6.2. The Blueberry Haven Short Plat applied minimal buffers for a Class 4 15 (intermittent) stream and Category 3 wetland. In granting the short plat, the City of Renton 16 waived a requirement that the applicant conduct a stream study to determine appropriate 17 protections and did not require a supplemental wetland study. As a result, the City failed to 18 apply the appropriate protections for critical areas on the site, thereby significantly affecting 19 20 Petitioners' interests. 21 6.3 The Petitioners have an aesthetic interest in the protection of Kennydale Creek 22 and its wetlands.The Creek flows through several KCAA members' properties and alongside 23 Ms. Rider's. Other members frequently pass the Creek on walks. They regularly enjoy 24 observing wildlife that inhabits the area such as deer,herons, ducks and other birds. Buffers 25 26 serve to protect the functions and values of streams and wetlands by ensuring that development 27 will be set back from the resource, and that riparian and wetland vegetation may remain intact. • 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 P LAND USE PETITION - 3 Fax:( 2,061621-1805128 1 1 When appropriate buffers are not applied,degradation to these resources and the wildlife they 2 • support may result. 3 6.4. The Petitioners also have a practical interest in ensuring that their properties 4 5 are not impacted by improper development in critical areas. In the past, development in the 6 area has resulted in changes to the groundwater table and diversion of stoltuwater from 7 increased impervious surface, thereby impacting Petitioners' properties. Appropriate buffers 8 also serve to protect functions such as groundwater recharge and surface water conveyance. 9 6.5. On behalf of KCAA, Susan Rider filed a timely appeal of the Blueberry Haven 10 11 Short Plat decision to the Renton Hearing Examiner and defended the decision before the City 12 Council. KCAA is significantly affected by the Council's reversal of the Hearing Examiner 13 decision. 14 6.6. Petitioners filly participated in the Hearing Examiner's review of the short plat • 15 decision. Ms. Rider, and several other neighbors and KCAA members testified at the hearing 16 17 that Kennydale Creek runs perennially and that they had never seen it run dry. Several more 18 KCAA members submitted written declarations asserting the same. Ms. Rider also submitted 19 written briefs and multiple exhibits for the record supporting her position. Ms. Rider, on 20 behalf of KCAA,also participated fully in the City Council appeal of the Hearing Examiner's 21 decision by submitting written briefs and through oral argument by her attorney before the 22 23 Council's Development Committee. 24 6.7. Petitioners' interests are among those the City of Renton was required to 25 consider when it made its decision. 26 27 28 GENDLER & MANN, LLP • 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 Phone: 1206)621-8868 LAND USE PETITION - 4 Fax: 12061621-0512 1Petitioners • 6.8. A decision in favor of Petitioners will redress the harm done to by 2 the City Council's reversal of the Hearing Examiner's decision and reinstatement of the short 3 plat decision. 4 5 6.9. Petitioners have exhausted their administrative remedies to the extent required 6 by law. There are no further administrative appeals for Petitioners to exhaust. 7 7. SEPARATE AND CONCISE STATEMENT OF ERRORS 8 ALLEGED TO HAVE BEEN COMMITTED 9 7.1. The City Council's reversal is clearly erroneous and not supported by 10 substantial evidence. 11 8. STATEMENT OF FACTS 12 8.1. Applicants Richard and Lauralee Gordley own property in the Upper Kennydale 13 14 neighborhood at 210 Jones Avenue NE,Renton, Washington. The Gordleys sought approval • 15 from the City of Renton to subdivide the parcel into two lots. A stream, Kennydale Creek, 16 flows across the property, and there is also a portion of wetland on the northeast corner of the 17 property. 18 8.2. In support of their application,the Gordleys submitted a"Critical Areas Study" 19 20 prepared by a consultant on their behalf. The Study classified the onsite wetland as a 21 Category 3 wetland under the City's code, but did not address the stream. The City did not 22 require the Gordleys to submit a stream study as required by RMC 4-3-050(L)(3)(c)(ii), 23 apparently waiving the requirement and relying on the City's interpretive water class map and 24 prior studies in the area. 25 26 8.3. The Renton Municipal Code provides that no permit should issue unless 27 consistent with critical areas regulations. The Code's critical areas regulations provide criteria 11111 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 Phone: (206)621-8868 LAND USE PETITION - 5 Fax: (2061621-0512 a 1 for four types of regulated water bodies and supply protective buffers based on the type. A 2 • "Class 3" water is defined as a non-salmonid bearing perennial waterway during years of 3 normal rainfall,RMC 4-3-050(L)(1)(a)(iii),and a"Class 4"water is defined as a non-salmonid 4 5 bearing intermittent waterway. RMC 4-3-050(L)(1)(a)(iv). 6 8.4. The Code also prescribes buffers for wetlands based on their classification. A 7 wetland located in the headwaters of a watercourse is correctly classified a "Category 2" 8 wetland. RMC 4-3-050(M)(1)(a)(ii). 9 8.5. The City's short plat decision applied buffers for a Class 4 stream and a 10 11 Category 3 wetland. The City waived the requirement for a stream study and did not require 12 a supplemental wetland study. 13 8.6. Ms. Rider timely appealed the City's short plat decision on behalf of KCAA, 14 arguing that the decision was in violation of the City's critical areas regulations because • 15 Kennydale Creek flows perennially and because the wetland is a Category 2 wetland under the 16 17 City's code because it is located in the headwaters of a watercourse. 18 8.7. On February 12, 2008, an appeal hearing was held before the Renton Hearing 19 Examiner.Ms.Rider and her neighbors submitted extensive evidence showing that Kennydale 20 Creek does not run dry in the summer months, including testimony, photos and declarations. 21 They also pointed out that none of the studies cited by the applicants and the City found that 22 23 the Creek was intermittent nor supported a Class 4 designation. The Applicants also testified 24 at the hearing, arguing that the Creek was correctly classified and that a study was not 25 required, but they did not testify that the Creek ran dry during the summer months. 26 8.8. The Hearing Examiner issued his decision on March 27,2008,concluding that 27 the City's issuance of the short plat permit was in error, contrary to law and arbitrary and 28 GENDLER & MANN, LLP 1424 Fourth Avenue,Suite 1015 Seattle,WA 98101 Phone: LAND USE PETITION - 6 Fax20668 621-105812 Y 1 capricious. He found that the evidence showed the City erred in waiving the stream study • 2 requirement, applied the wrong designation to the stream pursuant to the code, and failed to 3 require independent review of the applicant's wetland classification when it conflicted with 4 5 prior studies. 6 8.9. The Hearing Examiner specifically found that the studies relied on by the City 7 and the Applicants did not substantively address whether the stream was perennial or 8 intermittent and that the City had been made aware that there was a conflict as the Creek's 9 designation. The very study relied on for the stream classification referenced reports of 10 11 year-round flow and indicated that if the Creek flowed year-round,it was correctly categorized 12 Class 3. 13 8.10. The Hearing Examiner found that the Code required a stream to be classified 14 • based on its characteristics, not the City's interpretive water class map. He found that the 15 Code clearly dictates that if a stream flows year-round,it is a Class 3 stream. He further found 16 17 that the evidence and reports showed evidence of perennial flow in a normal year, and thus the 18 City's classification was wrong. 19 8.11. The Hearing Examiner also found that the City's failure to require independent 20 review of the Applicant's wetland study when it conflicted with prior studies performed on the 21 same wetland for the City was in error. 22 23 8.12. The Applicants filed a timely appeal of the Hearing Examiner's decision to the 24 Renton City Council. The Planning and Development Committee of the Council heard the 25 appeal on June 5, 2008. The Committee's review was limited to the record, the submissions 26 of the parties, and oral argument by counsel. Without making specific written findings, the 27 • 28 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle,WA 98101 Phone: (206)621-8868 LAND USE PETITION 7 Fax: (206)621-0512 a 1 Committee found that the Hearing Examiner committed a substantial error of law and fact and 2 • recommended reversal of the decision. 3 8.13. On June 9, 2008, the Renton City Council addressed the appeal in its regular 4 5 Council meeting and the Planning and Development Committee relayed its recommendation. 6 During the Council meeting, Councilmember Randy Colman stated that he had lived in the 7 subject neighborhood for more than 20 years and had "never, ever seen this creek dry." He 8 further stated that it was his own observation that Kennydale Creek was not intermittent, but 9 perennial. Councilmember Corman was advised that because he had independent information, 10 11 he should recuse himself from the decision. Councilmember Marcie Palmer also recused 12 herself. 13 8.14. The Council subsequently adopted the recommendation of the Planning and 14 Development Committee, reversed the decision of the Hearing Examiner, and thereby 15 • reinstated the approval of the short plat. 16 17 8.15. KCAA files this Land Use Petition pursuant to chapter 35.70C RCW seeking 18 judicial review of the Council decision. 19 9. REQUEST FOR RELIEF 20 Petitioners request the following relief: 21 a. Issuance of an order directed to the City to produce its record so that the same 22 23 may be reviewed by the court. 24 b. Entry of an order reversing the City Council's decision. 25 c. Such further relief as the court deems just and necessary. 26 27 28 GENDLER & MANN, LLP 1424 Fourth Avenue,Suite 1015 Seattle,WA 98101 Phone: 1206)621-8868 LAND USE PETITION - 8 Fax: (2061621-0512 1 DATED this ?-1 M-day of June, 2008. • 2 Respectfully submitted, 3 GENDLER & MANN, LLP 4 5 6 By: r Ashley A. P'eck 7 WSBA No. 39254 David S. Mann 8 WSBA No. 21068 9 Attorneys for Petitioners 10 \KCAA(Den)\LUPA case\Land Use Petition FINAL 6 27 08.wpd 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 GENDLER & MANN, LLP 1424 Fourth Avenue,Suite 1015 Seattle,WA 98101 Phone: LAND USE PETITION - 9 Fax: 12066 18 621-05128 4. j CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: U' • C . • Submitting Data: For Agenda of: 7/7/2008 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Official City of Renton 2008 Population Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Report from State Office of Financial Management Study Sessions Information X Recommended Action: Approvals: Informational Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. illThe State of Washington Office of Financial Management has provided the April 1, 2008, population determinations for cities, towns and counties. The 2008 population for the City of Renton is 78,780, ranking 11th in the State. 1 0 • S • I Rank of Cities and Towns by April 1,2008 Population Size Part Cities Combined into One Number for Ranking Purposes Population Rank Municipality 2000 2001 2002 2003 2004 2005 2006 2007 2008 2000 2001 2002 2003 2004 2005 2006 2007 2008 Seattle 563,376 568,102 570,802 571,900 572,600 573,000 578,700 586,200 592,800 1 1 1 1 1 1 1 1 1 Spokane 195,629 195,700 195,500 197,400 197,400 198,700 201,600 202,900 204,400 2 2 2 2 2 2 2 2 2 Tacoma 193,556 194,500 194,900 196,300 196,800 198,100 199,600 201,700 202,700 3 3 3 3 3 3 3 3 3 Vancouver 143,560 145,300 148,800 150,700 152,900 154,800 156,600 160,800 162,400 4 4 4 4 4 4 4 4 4 Bellevue 109,827 111,500 117,000 116,400 116,500 115,500 117,000 118,100 119,200 5 5 5 5 5 5 5 5 5 Everett 91,488 95,990 96,070 95,470 96,840 97,500 101,100 101,800 102,300 6 6 6 6 6 6 6 6 6 Spokane Valley -- -- -- 82,005 83,950 85,010 87,000 88,280 88,920 -- -- -- 9 8 8 7 7 7 Federal Way 83,259 83,890 83,850 83,500 83,590 85,800 86,530 87,390 88,040 7 7 8 8 9 7 8 8 8 Kent 79,524 81,900 84,275 84,210 84,560 84,920 85,650 86,660 86,980 8 8 7 7 7 9 9 9 9 Yakima 71,845 73,040 79,120 79,220 79,480 79,480 81,710 82,940 84,300 9 9 9 10 10 10 10 10 10 Renton 50,052 51,140 53,840 54,900 55,360 56,840 58,360 60,290 78,780 14 14 13 14 14 14 14 13 11 fr Bellingham 67,171 68,890 69,260 69,850 71,080 72,320 73,460 75,220 75,750 10 10 10 11 11 11 11 11 12 Auburn 43,047 43,985 45,010 45,355 46,135 47,470 48,955 50,470 67,005 17 17 17 18 17 17 17 17 13 Kennewick 54,751 55,780 56,280 57,900 58,970 60,410 61,770 62,520 65,860 12 12 12 13 13 12 12 12 14 Lakewood 58,293 58,272 58,662 58,940 59,010 58,850 59,000 58,950 58,780 11 11 11 12 12 13 13 14 15 Shoreline 53,296 53,421 53,250 52,730 52,740 52,500 52,830 53,190 53,440 13 13 14 15 15 15 15 15 16 Pasco 32,066 33,010 34,630 37,580 40,840 44,190 47,610 50,210 52,290 26 26 25 23 21 19 18 18 17 Redmond 45,256 45,490 46,040 46,480 46,900 47,600 49,890 50,680 51,320 15 16 15 16 16 16 16 16 18 Kirkland 45,054 45,770 45,790 45,630 45,800 45,740 47,180 47,890 48,410 16 15 16 17 18 18 19 19 19 Richland 38,708 39,350 40,150 41,650 42,660 43,520 44,230 45,070 46,080 20 20 19 20 20 20 20 20 20 Olympia 42,514 42,530 42,690 42,860 43,040 43,330 43,740 44,460 44,800 18 18 18 19 19 21 21 21 21 Edmonds 39,544 39,590 39,460 39,580 39,620 39,860 40,360 40,560 40,760 19 19 20 21 22 22 22 22 22 Sammamish 34,104 34,560 34,660 35,930 36,560 38,640 39,730 40,260 40,550 23 23 24 24 24 23 23 23 23 Lacey 31,226 31,600 31,860 32,240 32,530 33,180 34,060 35,870 38,040 28 28 27 28 28 28 28 26 24 Marysville 25,315 26,770 27,580 28,370 28,800 29,460 32,150 36,210 37,060 36 34 34 35 34 33 29 25 25 Puyallup 33,014 33,900 34,920 35,490 35,690 35,830 36,360 36,790 36,930 25 25 23 25 25 24 24 24 26 Bremerton 37,259 37,260 37,530 38,730 37,520 34,580 35,910 35,810 36,860 21 21 21 22 23 27 25 27 27 Longview 34,660 35,100 35,310 35,290 35,340 35,430 35,570 35,710 35,880 22 22 22 26 26 25 26 28 28 Lynnwood 33,847 34,010 33,990 34,500 34,540 34,830 35,230 35,490 35,680 24 24 26 27 27 26 27 29 29 Bothell 30,084 30,404 30,754 30,910 30,930 31,000 31,690 32,400 32,860 29 29 29 30 30 30 30 30 30 Burien 31,881 31,830 31,810 31,480 31,130 31,040 31,080 31,410 31,540 27 27 28 29 29 29 32 31 31 University Place 29,933 30,190 30,350 30,720 30,800 30,980 31,140 31,300 31,440 30 30 30 31 31 31 31 32 32 Walla Walla 29,686 29,500 29,550 29,710 30,500 30,630 30,660 30,900 31,350 31 32 31 32 32 32 33 33 33 Wenatchee 27,856 27,930 28,270 28,470 28,760 29,320 29,920 30,270 30,810 33 33 33 34 35 34 34 34 34 Mount Vernon 26,232 26,460 26,670 27,060 27,720 28,210 28,710 29,390 30,150 34 35 35 36 36 36 36 35 35 Des Moines 29,267 29,600 29,510 29,120 29,020 28,960 29,020 29,090 29,180 32 31 32 33 33 35 35 36 36 Pullman 24,948 24,540 24,910 25,300 25,905 26,590 27,030 26,860 27,150 37 37 37 37 37 37 37 37 37 Issaquah 11,212 12,950 13,790 15,110 15,510 17,060 19,570 24,710 26,320 61 56 55 52 51 48 45 39 38 f h. 1 April 1 Population of Cities,Towns,and Counties Used for Allocation of Selected State Revenues State of Washington III Caution: Annual change may not be valid due to corrections and data changes. Estimates for individual years may not be comparable. Estimates in this series are not revised based on information that becomes available after the estimate date. Evaluate growth by looking at the growth between the last census and most current estimate. County Census Estimate Municipality 2000 2001 2002 2003 2004 2005 2006 2007 2008 Grays Harbor 67,194 68,500 68,400 68,800 69,200 69,800 70,400 70,800 70,900 Unincorporated 25,548 $ 26,770 $ 26,995$ 27,265$ 27,295 27,505 27,620 27,860 27,870 Incorporated 41,646 $ 41,730 $ 41,405$ 41,535$ 41,905 42,295 42,780 42,940 43,030 Aberdeen 16,461 16,490 16,250 16,320 16,410 16,450 16,470 16,450 16,460 Cosmopolis 1,595 1,595 1,565 1,630 1,590 1,600 1,635 1,645 1,650 Elma 3,049 3,050 3,175 3,060 3,085 3,105 3,100 3,140 3,125 Hoquiam 9,097 9,035 8,945 8,855 8,885 8,875 8,845 8,845 8,795 McCleary 1,484 $ 1,475 $ 1,440 $ 1,450$ 1,455 1,475 1,540 1,555 1,555 Montesano 3,312 3,325 3,325 3,345 3,375 3,420 3,550 3,550 3,565 Oakville 675 680 670 680 675 680 710 715 720 Ocean Shores 3,836 3,930 3,930 4,065 4,240 4,385 4,605 4,705 4,805 Westport 2,137 2,150 2,105 2,130 2,190 2,305 2,325 2,335 2,355 Island 71,558 72,400 73,100 74,000 74,800 76,000 77,200 78,400 79,300 Unincorporated 49,081 49,635 50,494 50,680 51,085 51,450 52,035 52,795 53,325 Incorporated 22,477 22,765 22,606 23,320 23,715 24,550 25,165 25,605 25,975 Coupeville 1,723 1,735 1,730 1,745 1,745 1,785 1,820 1,855 1,915 Langley 959 970 996 " 1,005 1,030 1,045 1,055 1,060 1,080 Oak Harbor 19,795 20,060 19,880 20,570 20,940 21,720 22,290 22,690 22,980 Jefferson 26,299 $ 26,446 $ 26,600 26,700 27,000 27,600 28,200 28,600 28,800 Unincorporated 17,965 $ 18,016 $ 18,145 18,270 18,465 18,855 19,380 19,735 19,875 Incorporated 8,334 8,430 8,455 8,430 8,535 8,745 8,820 8,865 8,925 Port Townsend 8,334 8,430 8,455 8,430 8,535 8,745 8,820 8,865 8,925 40 King 1,737,046 $ 1,758,312 $ 1,774,312 $ 1,779,300 1,788,300 1,808,300 1,835,300 1,861,300 1,884,200 Unincorporated 349,234 $ 353,040 $ 351,136 $ 351,843 356,795 364,498 367,070 368,255 341,150 Incorporated 1,387,812 $ 1,405,272 $ 1,423,176 $ 1,427,457 1,431,505 1,443,802 1,468,230 1,493,045 1,543,050 Algona 2,460 2,500 2,525 2,590 2,605 2,660 2,695 2,725 2,740 Auburn part 42,901 43,420 43,970 43,890 43,670 43,540 43,820 44,300 60,400 Beaux Arts Village 307 310 295 302 300 297 300 310 310 Bellevue 109,827 111,500 117,000 116,400 116,500 115,500 117,000 118,100 119,200 Black Diamond 3,970 4,015 4,015 3,995 4,000 4,080 4,085 4,120 4,155 Bothell part 16,119 $ 16,244 $ 16,264 $ 16,250 16,250 16,250 16,600 16,950 17,130 Burien 31,881 31,830 31,810 31,480 31,130 31,040 31,080 31,410 31,540 Carnation 1,893 1,920 1,905 1,905 1,895 1,900 1,900 1,900 1,905 Clyde Hill 2,890 2,900 2,895 2,830 2,790 2,780 2,795 2,810 2,805 Covington 13,783 13,840 14,395 14,850 15,190 16,610 17,240 17,190 17,360 Des Moines 29,267 29,600 29,510 29,120 29,020 28,960 29,020 29,090 29,180 Duvall 4,616 4,860 5,190 5,460 5,545 5,595 5,735 5,845 5,925 Enumclaw part 11,116 11,180 11,195 11,140 11,160 11,190 11,220 11,320 11,470 Federal Way 83,259 83,890 83,850 83,500 83,590 85,800 86,530 87,390 88,040 Hunts Point 443 455 455 445 450 450 480 480 475 Issaquah 11,212 12,950 13,790 15,110 15,510 17,060 19,570 24,710 26,320 Kenmore 18,678 18,790 19,180 19,200 19,170 19,290 19,680 19,940 20,220 Kent 79,524 81,900 84,275 84,210 84,560 84,920 85,650 86,660 86,980 Kirkland 45,054 45,770 45,790 45,630 45,800 45,740 47,180 47,890 48,410 Lake Forest Park 12,871 $ 12,889 $ 12,860 12,750 12,770 12,730 12,770 12,770 12,810 Maple Valley 14,209 14,590 15,040 15,730 16,280 17,870 19,140 20,020 20,480 Medina 3,011 2,990 3,010 2,970 2,955 2,930 2,945 2,950 2,955 Mercer Island 22,036 21,970 21,955 21,840 21,830 21,710 21,860 22,380 22,650 Milton part 814 815 815 820 800 815 825 825 825 Newcastle 7,737 7,815 8,205 8,320 8,375 8,890 9,175 9,550 9,720 Normandy Park 6,392 6,405 6,395 6,345 6,400 6,385 6,415 6,435 6,425 North Bend 4,746 4,755 4,735 4,680 4,660 4,685 4,690 4,705 4,710 III 1 sc.. 11eX4' pa5L April 1 Population of Cities,Towns,and Counties Used for Allocation of Selected State Revenues • State of Washington Caution: Annual change may not be valid due to corrections and data changes. Estimates for individual years may not be comparable. Estimates in this series are not revised based on information that becomes available after the estimate date. Evaluate growth by looking at the growth between the last census and most current estimate. County Census Estimate Municipality 2000 2001 2002 2003 2004 2005 2006 2007 2008 King continued Pacific part 5,373 5,380 5,405 5,525 5,545 5,640 5,815 5,945 6,120 Redmond 45,256 45,490 46,040 46,480 46,900 47,600 49,890 50,680 51,320 Renton 50,052 51,140 53,840 54,900 55,360 56,840 58,360 60,290 78,780 Sammamish 34,104 34,560 34,660 35,930 36,560 38,640 39,730 40,260 40,550 SeaTac 25,496 25,380 25,320 25,100 25,130 25,140 25,230 25,530 25,720 Seattle 563,376 $ 568,102 $ 570,802 $ 571,900 572,600 573,000 578,700 586,200 592,800 Shoreline 53,296$ 53,421 $ 53,250 52,730 52,740 52,500 52,830 53,190 53,440 Skykomish 214 215 215 210 210 210 210 210 210 Snoqualmie 1,631 3,416 * 4,210 4,785 5,110 6,345 7,815 * 8,600 9,360 Tukwila 17,181 17,230 17,270 17,230 17,240 17,110 17,930 18,000 18,080 Woodinville 9,809$ 9,825 $ 9,830 $ 9,905 9,915 10,140 10,350 10,390 10,560 Yarrow Point 1,008 1,010 1,010 1,000 990 960 970 975 970 Kitsap 231,969 233,400 234,700 237,000 239,500 240,400 243,400 244,800 246,800 Unincorporated 159,896 160,625 161,345 162,000 164,960 167,920 169,090 170,000 170,500 Incorporated 72,073 72,775 73,355 75,000 74,540 72,480 74,310 74,800 76,300 Bainbridge Island 20,308 20,740 20,920 21,350 21,760 22,200 22,600 23,080 23,180 Bremerton 37,259 37,260 37,530 38,730 37,520 34,580 35,910 35,810 36,860 Port Orchard 7,693 7,810 7,900 7,910 8,060 8,250 8,310 8,350 8,420 Poulsbo 6,813 6,965 7,005 7,010 7,200 7,450 7,490 7,560 7,840 Kittitas 33,362 34,000 34,800 35,200 35,800 36,600 37,400 38,300 39,400 Unincorporated 13,614 14,120 14,520 14,785 14,910 15,375 15,780 16,510 17,465 orporatedglik 19,748 19,880 20,280 20,415 20,890 21,225 21,620 21,790 21,935 Elum 1,755 1,755 1,775 1,775 1,785 1,800 1,810 1,835 1,865 Ilensburg 15,414 15,460 15,830 15,940 16,390 16,700 17,080 17,220 17,330 Kittitas 1,105 1,105 1,100 1,120 1,130 1,135 1,135 1,135 1,145 Roslyn 1,017 1,017 1,020 1,020 1,020 1,020 1,020 1,020 1,015 South Cle Elum 457 543 * 555 560 565 570 575 580 580 Klickitat 19,161 19,300 19,300 19,300 19,300 19,500 19,800 19,900 20,100 Unincorporated 12,536 12,665 12,720 12,775 12,765 12,960 13,160 13,310 13,490 Incorporated 6,625 6,635 6,580 6,525 6,535 6,540 6,640 6,590 6,610 Bingen 672 675 670 655 645 655 680 680 680 Goldendale 3,760 3,745 3,720 3,650 3,690 3,650 3,715 3,715 3,725 White Salmon 2,193 2,215 2,190 2,220 2,200 2,235 2,245 2,195 2,205 Lewis 68,600 69,500 70,200 70,400 70,700 71,600 72,900 74,100 74,700 Unincorporated 40,821 41,367 41,920 42,145 42,415 43,213 44,117 45,073 45,365 Incorporated 27,779 28,133 28,280 28,255 28,285 28,387 28,783 29,027 29,335 Centralia 14,742 14,950 15,040 15,110 15,200 15,340 15,430 15,520 15,540 Chehalis 7,057 7,015 7,055 7,010 6,980 6,990 7,025 7,045 7,215 Morton 1,045 1,040 1,050 1,025 1,015 1,025 1,127 * 1,140 1,140 Mossyrock 486 490 490 485 480 480 485 485 485 Napavine 1,383 1,352 * 1,360 1,330 1,330 1,328 + 1,400 1,492 1,610 * Pe Ell 657 660 660 660 660 599 * 666 * 670 670 Toledo 653 684 * 685 685 685 685 685 685 690 Vader 590 605 605 610 595 600 615 620 625 Winlock 1,166 1,337 * 1,335 1,340 1,340 1,340 1,350 1,370 1,360 Lincoln 10,184 10,200 10,200 10,100 10,200 10,100 10,200 10,300 10,400 Unincorporated 4,520 4,494 4,563 4,561 4,572 4,470 4,540 4,615 4,720 Incorporated 5,664 5,706 5,637 5,539 5,628 5,630 5,660 5,685 5,680 Almira 302 300 295 295 270 275 280 285 285 Creston 232 251 + 243 225 253 * 255 255 255 250 III I n i. Rank of Cities and Towns by Percent Population Change With Change Due to Annexation April 2, 2000 to April 1, 2008 III Population Change 2000 to 2008 April 1 Population Numeric Percent Rank By Change Due to Municipality 2000 2008 Change Change Percent Change Annexation Snoqualmie 1,631 9,360 7,729 473.9 1 0 Roy 260 875 615 236.5 2 503 DuPont 2,452 7,390 4,938 201.4 3 0 Moxee 821 2,415 1,594 194.2 4 56 Issaquah 11,212 26,320 15,108 134.7 5 6,207 Lake Stevens 6,361 14,560 8,199 128.9 6 7,349 East Wenatchee 5,757 11,570 5,813 101.0 7 5,290 Ridgefield 2,147 4,015 1,868 87.0 8 66 Battle Ground 9,322 16,710 7,388 79.3 9 305 Bonney Lake 9,687 16,220 6,533 67.4 10 2,158 Pasco 32,066 52,290 20,224 63.1 11 1,769 Renton 50,052 78,780 28,728 57.4 12 18,287 Fife 4,784 7,525 2,741 57.3 13 4 Washougal 8,595 13,480 4,885 56.8 14 175 Yelm 3,289 5,150 1,861 56.6 15 10 Auburn 43,047 67,005 23,958 55.7 16 16,277 Orting 3,931 6,075 2,144 54.5 17 0 Mill Creek 11,525 17,770 6,245 54.2 18 3,081 La Center 1,654 2,510 856 51.8 19 21 North Bonneville 593 877 284 47.9 20 0 Marysville 25,315 37,060 11,745 46.4 21 5,784 0 Maple Valley 14,209 20,480 6,271 44.1 22 0 Arlington 11,927 17,050 5,123 43.0 23 850 Granite Falls 2,347 3,290 943 40.2 24 0 Yacolt 1,055 1,470 415 39.3 25 0 Kalama 1,783 2,475 692 38.8 26 282 Stanwood 3,923 5,445 1,522 38.8 27 219 Sultan 3,344 4,550 1,206 36.1 28 0 Woodland 3,780 5,135 1,355 35.8 29 125 West Richland 8,385 11,180 2,795 33.3 30 15 Camas 12,534 16,700 4,166 33.2 31 543 Darrington 1,136 1,500 364 32.0 32 47 Sequim 4,334 5,610 1,276 29.4 33 204 Sumas 978 1,264 286 29.2 34 2 Mattawa 2,609 3,350 741 28.4 35 0 Duvall 4,616 5,925 1,309 28.4 36 42 Metaline Falls 223 285 62 27.8 37 0 South Cle Elum 457 580 123 26.9 38 0 Nooksack 863 1,090 227 26.3 39 0 Medical Lake 3,815 4,810 995 26.1 40 0 Woodway 936 1,180 244 26.1 41 0 Covington 13,783 17,360 3,577 26.0 42 375 Lynden 9,020 11,350 2,330 25.8 43 170 Newcastle 7,737 9,720 1,983 25.6 44 0 Ocean Shores 3,836 4,805 969 25.3 45 0 Burlington 6,757 8,460 1,703 25.2 46 53 Zillah 2,198 2,720 522 23.7 47 31 Blaine 3,770 4,665 895 23.7 48 0 • Ferndale 8,758 10,800 2,042 23.3 49 17 Moses Lake 14,953 18,310 3,357 22.5 50 419 CITY OF RENTON COUNCIL AGENDA BILL AI#: lf, d2, • Submitting Data: For Agenda of: July 7, 2008 Dept/Div/Board.. Community and Economic Development Staff Contact Alex Pietsch Agenda Status Consent X Subject: Public Hearing.. 2008 King County Comprehensive Plan Amendments Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Exhibit 1 Renton Urban Growth Area Boundary Information Amendment prepared by R.W. Thorpe Map Draft letter Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Ill! Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The issue before the Renton City Council is to review and take a position on proposed King County Comprehensive Plan Amendments within Renton's Potential Annexation Area. These amendments include: 1) Recommend approval of designating Lake Desire as an Urban Separator and consideration of R-1 and R-1 SO zoning on the easterly side of the lake. 2) Recommend R-4 rather than R-6 zoning on the western shore of Lake Desire. 3) Oppose re-designation of 15 parcels in the Beacon Coal Mine Road area of the West Hill from Industrial to Residential- Multi-Family. 4) Support removal of the Special Overlay designation from industrial properties. 5) Oppose consideration of docket items addressing potential Urban Growth Boundary Amendments. STAFF RECOMMENDATION: Authorize the Mayor to send a letter to the King County Council presenting the City's position on the 2008 King County Comprehensive Plan Amendments as recommended by staff. • KC 2008 Comprehensive Plan Amendments y DEPARTMENT OF COMMUNITY & • ti� �� ECONOMIC DEVELOPMENT sP;? MEMORANDUM DATE: June 6, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayo Qf Dt FROM: Alex Pietsch, Administrator .:0-1Q- SUBJECT: King County 2008 Comprehensive Plan Amendments and Concurrent Rezones ISSUE: Does the City of Renton support proposed King County Comprehensive Plan Amendments and concurrent re-zones? RECOMMENDATION: • • Support the Urban Separator on the easterly shores of Lake Desire. • Recommend a down-zone of parcels on the westerly half Lake Desire from County R-6 to R-4, consistent with the Renton Comprehensive Plan Low Density Residential Land Use Designation. • Oppose the re-zone from Industrial to Multi-family on SR 900-Beacon Coal Mine Road. Industrial use is consistent with the Renton Comprehensive Plan. • Support removal of the existing Special Overlay designation from industrial properties as there is no adopted Renton policy direction requiring cluster or campus style industrial development. • Oppose all potential Docket proposals amending the Urban Growth Boundary to adding additional acreage to Renton's Potential Annexation Area as untimely. BACKGROUND SUMMARY: The County Executive forwarded two proposals for amendments for parcels within Renton Potential Annexation Area to the County Council: • Lake Desire Urban Separator Area Rezoning to designate properties Urban Separator Land Use with R-1 and R-1 SO zoning, and • H:\EDNSP\Comp Plan\King Cty\1 Issue Paper KC 2008 Comprehensive Plan Amendments.doc Marcie Palmer,Council President • May 30,2008 Page 2 of 7 • SR-900-Beacon Coal Mine Road amendment to remove an existing Special • Overlay designation and re-designate these lands for Residential Multi-family land use. Lake Desire Urban Separator Recommendation Renton also adopted policy directing the designation of Urban Separators. Policies define Urban Separators as low-density residential areas, intended to establish edges between Renton and other communities. The RC and R-1 zoning designations implement these policies. Objective CD-B: Designate low-density residential and resource areas as Urban Separators to provide physical and visual distinctions between Renton and adjacent communities, and to define Renton's boundaries. Policy CD-7: The function of Urban Separators should be to: a. Reinforce the character of the City, b. Establish clear boundaries between the City and other communities, c. Separate high-intensity urban land uses from low-intensity uses and resource lands, and d. Protect environmentally sensitive and critical areas. Policy CD-8: Location criteria should consider the following types of lands for • designation as Urban Separators: a. Individual and interconnecting natural features, critical areas,public and private open space and water features. b. Existing and proposed individual and interconnecting parks and agricultural areas. c. Areas that provide a logical and easily identifiable physical separation between urban communities. These policies support the revised Executive Recommended Zoning Map designating portions of the Lake Desire Subarea as R-1 and R-1 SO. The staff recommendation is to concur with the revised recommendation for all the properties proposed as R-1 and R-SO. Lake Desire Zoning Recommendation Under the City of Renton Comprehensive Plan, the area is designated for Residential Low Density(RLD) land use with a maximum density of four units per net acre. Renton policies for the RLD land use include providing opportunities for a range of residential lifestyles, and accommodating urban development near sensitive areas. Implementing this designation are the Resource Conservation(RC),Residential-1 (R-1), or Residential- 4 (R-4) zoning. A down zone of this the property on the western side of Lake Desire from County R-6 to R-4 is consistent with the Renton RLD designation. Based on the • available information, this area would be a likely candidate for R-4 zoning upon h:\ednsp\comp plan\king cty\l issue paper kc 2008 comprehensive plan amendments.doc v Marcie Palmer,Council President May 30,2008 Page 3 of 7 • annexation to Renton. "Lands that either do not have significant sensitive areas, or can be adequately protected by the critical areas ordinance, are zoned Residential 4. "(City of Renton Comprehensive Plan, Residential Low Density Land Use Designation Purpose Statement, p. IX-25). Under current County zoning, this area would be zoned R-6, which allows six units per gross acre and is eligible for density bonuses to achieve even higher densities. With the typical lot size ranging from about .35 acres to .65 acres,there is clearly enough space for most lots to subdivide under the King County R-6 zoning. A doubling or tripling(or perhaps even more) of the current density could occur under the current zoning in the vicinity of the patchwork of critical areas in the area. Maximization of the King County R-6 zoning would impact density in this area. It would also be inconsistent with the designated land use in the Renton Comprehensive Plan. King County R-4 zoning of this area would more closely match Renton's designated land use and provide consistency between both jurisdictions' plans and policies. Beacon Coal Mine Road Land Use and Zoning Recommendation In September 2007, King County released a review draft of their zoning study for a 62- acre area consisting of 24 properties between SR 900 and the Beacon Coal Mine Road, in the vicinity of South 129th Street. When the County did the 1994 West Hill Community Plan, a Special District Overlay(SDO) designation was placed on 19 of the 24 properties that were zoned Industrial. This was done with the intent of creating an office/research park in a campus like setting. Because no development has occurred over the last few years on these 19 properties with the SDO designation and the King County Hearing Examiner has determined that"an office/research park area, in a pedestrian-oriented, campus-type setting, cannot reasonable be developed" and would be a hardship by precluding industrial development, the County has recommended removing the Office/Research Park Development SDO from six properties in the southern portion of the study area designated industrial, I-SO, leaving them straight Industrial (I), and re- designating seven other properties with this designation,Urban Residential - High, 18 to 48 units per acre. The five remaining properties were zoned Community Business and Urban Residential. Two of the properties are split zoned industrial and Urban Residential. Properties near the intersection of S. 129th Street along SR 900 have a Community/Outside of Center (CO) land use designation. These two properties comprise less than an acre and include a service station, mini-market and restaurant. The study area the County looked at also included two mobile home parks, one on four acres and the other on eight acres. East of these mobile home parks, Washington Wrecking has its operation on approximately 20 acres. The area adjacent to SR 900 is used for a mix of materials processing, wrecking, and storage of recovered materials. Additional wrecking and storage also occurs on the lower portion of this site. • The subject 62-acre site has major topographical constraints on it. Overall, the 62-acre study area drops approximately 100 feet between SR 900 on the northeast and Beacon h:\ednsp\comp plan\king cty\l issue paper kc 2008 comprehensive plan amendments.doc Marcie Palmer,Council President May 30, 2008 Page 4 of 7 Coal Mine Road South to the southwest. At its steepest there is a 100-foot drop in about • 200 feet and the County has designated several areas Landslide or Landslide Drainage Area. Renton's Comprehensive Plan for this same area shows virtually all the properties south of SE 131St Street, if extended, designated Employment Area—Industrial and the area to the north commercial along SR 900, and Residential Medium Density and Residential Multi-Family to the west. Renton designates parcels 2172000451 and 2172000605 as Residential Medium Density (RMD). This designation supports RMD zoning of up to 14 dwelling units per acre with a bonus to 18 dwelling units per acre. Consequently, we do not support the rezoning of these parcels to R-24, which would allow 24 dwelling units per acre gross and additional bonus density. The remainder of the study area is designated Employment Area—Industrial. The proposed Comprehensive Plan amendments for parcels 2172000612 and 2172000515 from Industrial/Urban Residential to Urban Residential High with concurrent rezoning to R-24 are inconsistent with Renton's adopted policies and are not supported. The amendment of property 217200563 from Industrial/Urban Medium Density Residential-SO/R-12 to Urban Residential High with a rezone to R-24 is not supported. • The amendment of properties 217200518, 217200560, 217200551, 217200545, 217200540, 1423049048, 001400017, 001400007, 00014000431, and 00001400008 from Industrial to Urban Residential High with a concurrent rezone to R-24 is not supported. The removal of the Special Overlay designation on these properties is supported. There is nothing in the Renton Comprehensive Plan that calls for a clustered campus style development in industrial areas. The City has started preliminary discussions with the property owners of approximately 60 acres of industrially zoned land about annexation. The property owner's intention is to continue the present industrial uses. At this point the re-designation of this land to Residential Multi-Family would be untimely. Relevant Renton Comprehensive Plan Land Use Policies: Employment Area - Industrial Policy LU-437. A mix of offices, light industrial, warehousing, and manufacturing should be encouraged in the Employment Area—Industrial classification, with conditions • as appropriate. h:\ednsp\comp plan\king cty\l issue paper kc 2008 comprehensive plan amendments.doc Marcie Palmer,Council President May 30,2008 Page 5 of 7 • Policy LU-440. Existing industrial activities may create noise, chemicals, odors, or other potentially noxious off-site impacts. Within the Employment Area—Industrial designation existing industrial activities should be protected. Although the designation allows a wide of range and mix new businesses that would be impacted guses, P by re- existing industrial activities should be discouraged. Policy LU-442. Off-site impacts from industrial development such as noise, odors, light and glare, surface and ground water pollution, and air quality should be controlled through setbacks, landscaping, screening and/or fencing, drainage controls, environmental mitigation, and other techniques. Residential Multi-Family Policy LU-182. Residential Multi family designations should be in areas of the City where projects would be compatible with existing uses and where infrastructure is adequate to handle impacts from higher density uses. Policy LU-184. Expansion of the Residential Multi family designation is limited to properties meeting the following criteria: • 1) Properties under consideration should take access from a principal arterial, minor arterial, or collector. Direct access should not be through a less intense land use designation area; 2) Properties under consideration must abut an existing Residential Multi family land use designation on at least two (2)sides and be on the same side of the principal arterial, minor arterial, or collector serving it; and 3) Any such expansion of the Residential Multi family land use designation should not bisect or truncate another contiguous land use district. Capacity Analysis Capacity was analyzed for the 15 properties proposed for rezoning. Based on Renton buildable lands assumptions for the equivalent of multi-family zoning, we find that capacity for a potential additional 481 dwelling units and an estimated population increase of 865 persons is created with a conservative assumption. If all properties were built out to their maximum under the County's bonus system(i.e. 36 dwelling units per acre), the potential number of additional units would be 722 and the potential number of persons would be as high as 1,298. The West Hill PAA has significantly more capacity than required to meet growth targets for this area and additional residential capacity is not needed at this time. Revised Table LU-1 from the Countywide Planning Policies reports the West Hill (unincorporated King county in South King County column) capacity as 1,913 units while the PAA growth target is 592 units. Renton is particularly opposed to • the creation of additional residential capacity in an area already experiencing cutbacks in County provided urban services. Increasing the residential urban population in an area h:\ednsp\comp plan\king cty\I issue paper kc 2008 comprehensive plan amendments.doc Marcie Palmer,Council President May 30,2008 Page 6 of 7 identified in the King County Annexation Initiative for future reductions in urban • services does not seem prudent at this time. Urban Growth Boundary Docket Requests The King County Comprehensive Plan Docket includes 3 proposals for expansion of the Urban Growth Boundary(UGB) along 128th St. in the East Renton Plateau. These proposals are not supported by the County staff or County Executive, and have not been forwarded to the County Council. However, it is still important for Renton to take a position on potential changes to the UGB because the County process allows Council members to remove items from the Docket and forward them for further review. If that action were to occur toward the end of the County review process it would be more difficult for Renton leaders to make a timely comment. The County Docket requests include the following issues • Docket#4 Request from Eric Solly to extend the Urban Growth Area for the City of Renton to include approximately 300 acres in Council District 9. A rezone from RA5 (1 unit per 5 acres) to R-6 (6 dwelling units per gross acre) is requested. • Docket#18 Requests from Steve Beck to extend the Urban Growth Boundary for the City of Renton in Council District 9, and establish a new Neighborhood Business Center (at 156th and NE 4th) • • Docket#24 Request from Pierre E. Acebado-Melvin Gibb to add property to the City of Renton Urban Growth Boundary in Council District 8. King County staff responded that each docket request is inconsistent with King County Comprehensive Plan Policy R-103, which states that the Rural Area is considered permanent and shall not be re-designated unless reviewed pursuant to the Growth Management Act and the Countywide Planning Policies. The Buildable Lands analysis indicates that there is sufficient development capacity within the existing UGA to accommodate the 20 year growth targets. At this time, a clear map of all these cumulative proposals is not available because the County staff and Executive have not moved the UGB docket item forward to the County Council. However, Mr. Solly did attend a Renton Council Planning and Development Committee meeting and submitted a preliminary analysis dated March 26, 2008,by RW Thorpe and Associates for city consideration. This study is included in Exhibit A. The total area included in the Solly request is 295 acres including 20 acres in County park land and 11.8 acres in Apollo Elementary School. The study estimates that with re- zoning to R-6 approximately 1,300 new single family units could be built by 2014. Renton staff looked at somewhat larger area including the existing Briarwood shopping Center and the entire land area up to Highway 900, estimated 374 gross acres as shown in Exhibit 2 . Based on the Buildable Lands methodology used for City land capacity, staff • h:\ednsp\comp plan\king cty\l issue paper kc 2008 comprehensive plan amendments.doc V Marcie Palmer,Council President May 30,2008 Page 7 of 7 • estimates that with an R-4 zone 1,263 units would possible and with an R-8 zone 1,490 units could occur. As of 2006, the City had a surplus capacity of over 9,000 residential units after accounting for fulfilling the remaining 2020 growth targets. As a result of this land capacity,Renton staff concur that this UGB amendment is untimely. The Buildable Lands analysis indicates that there is sufficient development capacity within the existing UGA to accommodate the 20 year growth targets. CONCLUSION: The 2008 King County Comprehensive Plan amendments include several initiatives that could significantly impact land development in the Renton Potential Annexation Area. Only two of those proposals, the Urban Separator for Lake Desire, and the elimination of the Special District Overlay in the Beacon Coal Mine Road study area are consistent with adopted Renton policies.It is recommend that the City Council take a formal position opposing the remainder of the proposed amendments, and opposing the potential docket amendments for 2008. cc: Jay Covington • • h:\ednsp\comp plan\king cty\l issue paper kc 2008 comprehensive plan amendments.doc Exhibit 1 • • RENTON URBAN GROWTH AREA BOUNDARY AMENDMENT Prepared By: R.W. Thorpe & Associates, Inc. 705 Second Avenue, Suite 710 Seattle, WA 98104 206.624.6239 March 2008 • •trillillik s. _ Eli. 112= 01 41-1,16., :.1.11_,•.M141.1 rLdelk, ,,i3 iw,_, Gate �ae .A � N R^ro_r°=ever. eoo ,2� / �� li z� ^' I,---- ------ -- ' / / 11 i■y *i ; sa �. • SE 112th SI ,.yam -1,-1,1111111111.1 11,1 - __ _ __ __ _ —_ SE 112th St - h� _ �, n��II� ��4 s r:1,•. 711 ..,* ,- El Fit;:;:,,,� `` r! _ s „ _'NE,101h(St 'f -- 1.,'. _LI Ai III ,7- Iola,„.........___,,, d... t.rz�. `��x 0 g . _ 0,.'...,1 --------- 3 i --�— f ..— �— ____ I _____\\ _, o- a_- —� IrT______ ! • • ,,. F__ ....._ -- N:71h S,� j� �� -0 gm i,,—-7 _i_ ,• ..,, - .- _AN : _ 1 : ',- lri 0,-__- . „. ______________ , l'it.',i -•__J________ ks_rif \ „__I t_•,ii 11,--AM pin*.,m.rte.... "-e..r. NMI a ;-:f--- 7.-!,-, AI •-It----1111iiiiipj -4.-;-"1-- -,--,- - • MLA m Ahs -mm'` � :- I ti , .•-.�.•_,:. 'ft. t■,;11L, �� 5 .,„ k r..., -._.. .;.a' ,,i______r_____________ 'Ir. NO. 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File Name,RAEDNSP,GIS_proS2d_bmexaoa g UGA_Mry_changeimxdsWga proposad_bdly_ctfan2e.mxd June 23, 2008 i Larry Gossett, Growth Management and Natural Resources Committee Chair Metropolitan King County Council 516 Third Ave, Room 1200 Seattle, WA 98104 Dear Mr. Gossett: Thank you for the opportunity to comment on the proposed King County 2008 Comprehensive Plan amendments. These include several initiatives that could significantly impact land development in the Renton Potential Annexation Area. The Renton City Council considered these proposals on July 7, 2008, and the City has the following positions. Only two of those proposals, the Urban Separator/R-1/R-1S0 zoning for East Lake Desire, and the elimination of the Special District Overlay in the Beacon Coal Mine Road study area are consistent with adopted Renton policies. The City concurs with the Executive Recommendation for these areas. The remainder of the proposals, including retention of Urban Residential designation and R-6 zoning for West Lake Desire, proposed redesignation and rezoning of the Beacon Coal Mine Road area, and several potential additional docket requests are of concern to the City. • Lake Desire Urban Separator Recommendation and East Lake Desire Zoning Recommendation Renton supports the portions of Executive Recommended Zoning Map designating eastern portions of the Lake Desire Subarea as Urban Separator with R-1 and R-1 SO zoning. Our Comprehensive Plan policies define Urban Separators as low-density residential areas, intended to establish edges between Renton and other communities. The R-land R-SO zones support these policies. Upon annexation, these areas would become either Resource Conservation or R-1 zoning designations within Renton zoning. Renton Comprehensive Plan Policies supporting this recommendation include the following: Objective CD-B: Designate low-density residential and resource areas as Urban Separators to provide physical and visual distinctions between Renton and adjacent communities, and to define Renton's boundaries. Policy CD-7: The function of Urban Separators should be to: a. Reinforce the character of the City, b. Establish clear boundaries between the City and other communities, c. Separate high-intensity urban land uses from low-intensity uses and resource lands, and • d. Protect environmentally sensitive and critical areas. • Larry Gossett, Chair June 23, 2008 Page 2 ID Policy CD-8: Location criteria should consider the following types of lands for designation as Urban Separators: a. Individual and interconnecting natural features, critical areas,public and private open space and water features. b. Existing and proposed individual and interconnecting parks and agricultural areas. c. Areas that provide a logical and easily identifiable physical separation between urban communities. West Lake Desire Zoning Recommendation A downzone of properties on the western side of Lake Desire from County R-6 to County R-4 is also recommended consistent with the Renton Residential Low Density designation. Renton designates the entire Lake Desire area for Residential Low Density(RLD) land use with a maximum density of four units per net acre. Renton policies for the RLD land use include providing opportunities for a range of residential lifestyles accommodating lower density urban development near sensitive areas. Implementing this designation are the Resource Conservation (RC), Residential-1 (R-1), or Residential- 4 (R-4) zoning. Based on the available information, this area would be a likely candidate for R-4 zoning upon annexation to Renton. "Lands that either do not have significant sensitive areas, or can be adequately protected by the critical areas ordinance, are zoned Residential 4 rather than the lower density R-1. " (City of Renton Comprehensive Plan, Residential Low Density Land Use Designation Purpose Statement,p. IX- 25). Under current County zoning R-6 zoning, this area would be eligible for infill development at six units per gross with density bonuses to achieve even higher densities. Maximization of the King County R-6 zoning would impact density in the vicinity of the patchwork of critical areas in the area. It would also be inconsistent with the designated land use in the Renton Comprehensive Plan. King County R-4 zoning of this area would more closely match Renton's designated land use and provide consistency between both jurisdictions' plans and policies. Beacon Coal Mine Road Land Use and Zoning Recommendation Renton does not support the redesignation of property in this study area to from Industrial use to Residential Multi-Family at this time. The removal of the Special Overlay designation on these properties is supported. The Renton Comprehensive Plan is silent on the issue of a clustered campus style development in industrial areas. The Renton Plan for this area shows all the properties south of SE 131st Street, if extended, designated Employment Area—Industrial and the area to the north commercial along SR 900, and Residential Medium Density and Residential Multi-Family to the west. • Renton designates parcels 2172000451 and 2172000605 as Residential Medium Density(RMD). This designation supports RNID zoning of up to 14 dwelling units per acre with a bonus to 18 Larry Gossett, Chair June 23, 2008 Page 3 • dwelling units per acre. Consequently, the City does not support the rezoning of these parcels to R-24, which would allow 24 dwelling units per acre gross and additional bonus density. The remainder of the study area is designated Employment Area—Industrial. The proposed Comprehensive Plan amendments for parcels 2172000612 and 2172000515 from Industrial/Urban Residential to Urban Residential High with concurrent rezoning to R-24 are inconsistent with Renton's adopted policies and are not supported. The amendment of property 217200563 from Industrial/Urban Medium Density Residential- SO/R-12 to Urban Residential High with a rezone to R-24 is not supported. The amendment of properties 217200518, 217200560, 217200551, 217200545, 217200540, 1423049048, 001400017, 001400007, 00014000431, and 00001400008 from Industrial to Urban Residential High with a concurrent rezone to R-24 is not supported. The City has started preliminary discussions with the property owners of approximately 60 acres of industrially zoned land about annexation. The property owner's intention is to continue the present industrial uses. Capacity Analysis Capacity was analyzed for the 15 properties proposed for rezoning. Based on Renton buildable • lands assumptions for the equivalent of multi-family zoning,we find that capacity for a potential additional 481 dwelling units and an estimated population increase of 865 persons is created with a conservative assumption. If all properties were built out to their maximum under the County's bonus system, (i.e. 36 dwelling units per acre), the potential number of additional units would be 722. The West Hill PAA has significantly more capacity than required to meet growth targets for this area and additional residential capacity is not needed at this time. Revised Table LU-1 from the Countywide Planning Policies reports the West Hill (unincorporated King county in South King County column) capacity as 1,913 units while the PAA growth target is 592 units. Renton is particularly opposed to the creation of additional residential capacity in an area already experiencing cutbacks in County provided urban services. Increasing the residential urban population in an area identified in the King County Annexation Initiative for future reductions in urban services does not seem prudent at this time. Urban Growth Boundary Docket Requests The King County Comprehensive Plan Docket includes three proposals for expansion of the Urban Growth Boundary(UGB) along 128th St. in the East Renton Plateau. These proposals are not supported by the County staff or County Executive, and have not been forwarded to the County Council. However, Renton is taking a position on potential changes to the UGB to further communication between jurisdictions on this important land use issue. The County Docket includes the following requests • • Larry Gossett, Chair June 23, 2008 Page 4 • • Docket#4 Request from Eric Solly to extend the Urban Growth Area for the City of Renton to include approximately 300 acres in Council District 9. A rezone from RA5 (1 unit per 5 acres) to R-6 (6 dwelling units per gross acre) is requested. • Docket#18 Requests from Steve Beck to extend the Urban Growth Boundary for the City of Renton in Council District 9, and establish a new Neighborhood Business Center(at 156th and NE 4th). • Docket#24 Request from Pierre E. Acebado-Melvin Gibb to add property to the City of Renton Urban Growth Boundary in Council District 8. King County staff found these docket requests to be inconsistent with King County Comprehensive Plan Policy R-103, which states that the Rural Area is considered permanent and shall not be re-designated unless reviewed pursuant to the Growth Management Act and the Countywide Planning Policies. The Buildable Lands analysis indicates that there is sufficient development capacity within the existing UGA to accommodate the 20-year growth targets. The City of Renton concurs with and supports the County staff recommendation. Renton staff evaluated an area encompassing the existing Briarwood Shopping Center and the entire land area up to Highway 900, estimated to include the 374 gross acres included in these docket requests, as shown in Exhibit 1. Based on the Buildable Lands methodology used for City land capacity, staff estimates that with a Renton R-4 zone, 1,263 units would possible and • with the Renton R-8 zone 1,490 units could occur. Recognizing this land capacity, Renton staff concur that this UGB amendment is untimely. As of 2006, the City had a surplus capacity of over 9,000 residential units after accounting for meeting the remaining 2020 growth targets. The Buildable Lands analysis indicates that there is sufficient development capacity within the existing UGA to accommodate the 20-year growth targets. Thank you again for this opportunity to convey Renton's adopted policies about land use in the Potential Annexation Area to you. I look forward to an ongoing discussion of land use issues of concern to both of our jurisdictions. Sincerely, Denis Law Mayor cc: Executive Ron Sims,Metropolitan King County Council Julia Patterson, Chair,Metropolitan King County Council Reagan Dunn,Metropolitan King County Council Jay Covington, City of Renton,Chief Administrative Officer • Alex Pietsch, City of Renton,Depai fluent of Community&Economic Development Administrator Bonnie Walton,City of Renton,City Clerk CITY OF RENTON COUNCIL AGENDA BILL AI#: < L "'Submitting Data: For Agenda of: 7/7/2008 Dept/Div/Board.. CED Staff Contact Mark Santos-Johnson Agenda Status Ext. 6584 Consent X Subject: Public Hearing.. Multi-Family Housing Property Tax Exemption Correspondence.. Agreement—2nd &Main Apartments Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: 4. Expenditure Required... N/A Transfer/Amendment N/A Amount Budgeted N/A Revenue Generated N/A Total Project Budget N/A City Share Total ProjectN/A SUMMARY OF ACTION: In December 2003, the Council established a property tax exemption incentive to encourage multi-family housing development in designated residential targeted areas. In May 2008, the City received a Multi- Family Housing Property Tax Exemption ("Exemption") application for the 2nd &Main Apartments project in the Downtown designated residential targeted area. As provided for in RMC 4-1-220, the CED Administrator needs to approve or deny the Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for the 2nd &Main Apartments project to receive a partial property tax exemption upon completion. Subject to the Council's arproval of the agreement, the CED Administrator intends to approve the Exemption application for the 2n &Main Apartments project. STAFF RECOMMENDATION: Approve a Multi-Family Housing Property Tax Exemption Agreement that addresses the terms and conditions for a partial property tax exemption upon completion of the 2nd &Main Apartments project and authorize the Mayor and City Clerk to execute said agreement in substantially the same form. 1 III • �(VI DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM DATE: June 26, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Mayor Denis Law gj,e,' At` FROM: Alex Pietsch, Administratorl' ij\k/ STAFF CONTACT: Mark Santos-Johnson, Senior Economic Development Specialist; ext. 6584 SUBJECT: Multi-Family Housing Property Tax Exemption Agreement- 2nd & Main Apartments ISSUE: IllIn May 2008, the City received a Multi-Family Housing Property Tax Exemption ("Exemption") application for the 2nd & Main Apartments project in the Downtown designated residential targeted area. As provided for in RMC 4-1-220, the Department of Community& Economic Development (CED) Administrator needs to approve or deny the Exemption application within 90 days of receipt of the application and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for the 2nd &Main Apartments project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the CED Administrator intends to approve the Exemption application for the 2nd &Main Apartments project. RECOMMENDATION: Staff recommends that the Council: (1) approve the Exemption Agreement that addresses the terms and conditions for the 2nd &Main Apartments project to receive a partial property tax exemption upon completion; and(2) authorize the Mayor and City Clerk to execute said agreement in substantially the same form. BACKGROUND SUMMARY: As authorized by Chapter 84.14 RCW, the Council established the Multi-Family Housing Property Tax Exemption in 2003 (codified in RMC 4-1-220) to encourage multi-family housing • development in the following designated residential targeted areas: h:\ednsp\council\issue papers-agenda bills-ctte reports\2008\2nd&main exemption application&agreement\issuepaper-mfhpte agreement-2nd&main apartments 6-26-08.doc Multi-Family Housing Property YTax Exemption Page 2 of 4 Agreement-2nd&Main Apartments June 26,2008 Highlands: Within the Center Village Comprehensive Plan designation: Center • Village (CV) zone, Residential Multi-Family (RM-F) zone, or Residential 10 du/ac (R-10) zone Downtown: Center Downtown (CD) zone, Residential Multi-Family Urban Center (RM-U) zone, or Residential Multi-Family Traditional (RM-T) zone South Lake Washington: Urban Center North District 1 (UC-N1) zone, or properties within the Urban Center North District 2 (UC-N2) zone that were designated as eligible for exemption by Ordinance 5151 and developed with a residential multi- family project vested to the requirements of the Commercial Office Residential 3 (COR 3) zone'. As provided for in Chapter 84.14 RCW and RMC 4-1-220, the Exemption provision currently allows the value of qualified new housing construction to be exempt from ad valorem property tax for a limited period of time after completion of the project2. However, the exemption does not include the value of the land, existing improvements or non-housing-related improvements (e.g., commercial space). The exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state, and all local taxing districts. The exemption is in addition to any other tax credits, grants, or incentives provided by law for the multi-family housing. The City received an Exemption application for the 2nd & Main Apartments project on May 1, 2008. The 2"d & Main Apartments project is a mixed-use residential rental project located at 207 Main Avenue S (at the southwest corner of S Second Street and Main Avenue S) in Downtown Renton. The six-story mixed-use apartment project has one level of underground parking (five residential stories over one story of structured parking and commercial areas, plus one below-grade level of structured parking), 101 apartment units, 106,543 sf of residential space, 8,864 sf of non-residential (commercial) space, and 124 structured parking spaces. The estimated potential property tax savings related to the Exemption are approximately $97,428 per year ($779,424 for the eight-year period) for the 2nd & Main Apartments project3. This equates to a potential property tax savings of approximately $965 per year per housing unit ($7,717 per housing unit for the eight-year period). The Council is currently considering modifications to the designated residential targeted areas, including proposed revisions to the Highlands area and the proposed removal of the South Lake Washington area. 2 In 2007, the Washington State Legislature passed the Engrossed Second Substitute House Bill 1910, in part, to modify the limited the property tax exemption for future eligible projects to eight years or 12 years (the longer term being available if the project provides at least 20% of the units as affordable housing). The Council is currently considering modifications to RMC 4- 1-220 to implement the provisions of House Bill 1910. 3 As provided for in House Bill 1910,the applicant has not yet decided whether to make a commitment to rent a minimum of 20% of the housing units as affordable housing to qualify for the 12-year property tax exemption. After the Council acts on the current proposed modifications to the Exemption, staff plans to provide the applicant with 30 days to review the Council's adopted affordable housing criteria for the Exemption and make a determination. c:\docume-1\bwalton\locals-1\temp\issuepaper-mfhpte agreement-2nd&main apartments 6-26-08.doc Multi-Family Housing Property Tax Exemption Page 3 of 4 Agreement—2nd&Main Apartments June 26,2008 III The City of Renton's portion of the above estimated potential property tax savings related to the Exemption is approximately $26,566 per year ($212,529 for the eight-year period) for the 2nd & Main Apartments project. Although the City will receive additional property tax revenue from the new commercial space and any increased assessed value for the land as a result of the new construction on site, the City will not receive property tax revenue from the residential improvements until after the applicable eight or 12-year property tax exemption period. As part of the City's Exemption application, applicants are invited to comment on whether the ability to obtain a property tax exemption for their project made a difference in their decision to develop the project. For the 2nd & Main Apartments project, the applicant noted: "Yes. Due to the increasingly high cost of construction, the property tax exemption helped make the project pencil out." The project paid a $500 initial application fee and satisfies the City's Exemption eligibility requirements as outlined in RMC 4-1-220D: • The multi-family housing units are located in one or more new buildings designed for permanent residential occupancy, each with four or more dwelling units; • The project is located in the Center Downtown (CD) zone as part of the Downtown designated residential targeted area; III • The project is a mixed-use development; and • The project consists of a minimum of 30 dwelling units. As provided for in RMC 4-1-220F, the CED Administrator needs to approve or deny the Exemption application within 90 days of receipt and, if approved, the applicant must enter into an agreement approved by the Council that addresses the terms and conditions for the 2nd & Main Apartments project to receive a partial property tax exemption upon completion. Subject to the Council's approval of the agreement, the CED Administrator intends to approve the application for the 2nd & Main Apartments project. (Please see Attachment 3 for the proposed Exemption Agreement for the 2nd & Main Apartments project4.) The 2nd & Main Apartments project is a high-profile, mixed-use project at a major gateway to downtown Renton. The project will provide $14.5 million in private However, for the purpose of this analysis, staff has prepared the estimated property tax savings using the eight-year exemption period. 4 The attached agreement is a"place holder"document,using the template for projects approved prior to the Washington State Legislature's approval of House Bill 1910 in 2007. Before Council's approval of the agreement,the document will need to be modified to reflect the Council's action on the proposed modifications to the Multi-Family Housing Property Tax Exemption to reflect the • applicable changes. A revised version of the agreement will be presented to the Planning& Development Committee when available. c:\docume-1\bwalton\locals-1\temp\issuepaper-mfhpte agreement-2nd&main apartments 6-26-08.doc Multi-Family Housing Property Tax Exemption Page 4 of 4 Agreement—2nd&Main Apartments June 26,2008 investment in Downtown Renton, significantly expand the housing opportunities • Downtown, and support the City's ongoing revitalization efforts in Downtown Renton. CONCLUSION: Renton's Multi-Family Housing Property Tax Exemption program was established to help increase housing opportunities in designated residential targeted areas, including Downtown Renton. The 2nd & Main Apartments project will provide an additional 101 apartment units in Downtown Renton and further the City's 2009-2014 Business Plan Goals. Enc: Attachment 1- 2nd &Main Apartments Project Information and Potential Projected Multi-Family Housing Property Tax Exemption Attachment 2 - Proposed Project for Multi-Family Housing Property Tax Exemption map Attachment 3 - Multi-Family Housing Property Tax Exemption Agreement for the 2nd & Main Apartments project cc: Iwen Wang, Finance & Is Administrator Gregg Zimmerman, Public Works Administrator Neil Watts, Development Services Director • • c:\docume—1\bwalton\locals—1\temp\issuepaper-mfhpte agreement-2nd&main apartments 6-26-08.doc - 1 Attachment 1 • 2nd&Main Apartments Project Information and Potential Projected Multi-Family Housing Property Tax Exemption Based on City's Projected Assessed Values for Project June 26,2008 • Project Information(Based on Information Provided by Applicant) Project Name 2nd&Main Apartments Street Address 207 Main Avenue S,Renton,WA 98055 Owner N&C Investments Ilc Residential Targeted Area Downtown Zoning Center Downtown(CD) Six-story mixed-use apartment project with one level of underground parking(five residential stories over one story of structured parking and commercial areas,plus one below-grade level of structured parking),101 apartment units,106,543 sf of residential space,and 8,864 sf of non-residential(commercial)space,plus 124 structured parking spaces(including 114 residential and 11 non-residential parking spaces of below-grade Brief Project Description level and first-level structured parking). Estimated Construction Start Date August/September 2008 Estimated Completion Date February 2010 Type of Project Mixed-Use(apartments and retail) Residential Unit Breakdown Area(Range in SF) Studio Apartments 19 540 to 641 One-Bedroom Apartments 42 660 to 819 Two-Bedroom Apartments 40 846 to 1138 Three-Bedroom Apartments 0 N/A Studio Town House 0 N/A One-Bedroom Town House 0 N/A Two-Bedroom Town House 0 N/A Three-Bedroom Town House 0 N/A Total Residential Units 101 Planned Building Improvements Residential Units SF 78,571 Residential Common Areas SF 27,972 $106,543.00000 Residential Structured Parking SF 33,299 Sub-Total Residential SF 139,842 Non-Residential SF 8,864 Retail Non-Residential Common Area SF 0 Non-Residential Structured Parking SF 3,784 Sub-Total Non-Residential SF 12,648 Total Residential&Non-Residential SF 152,490 Residential Percentage of Project 91.71% Retail/Commercial Percentage of Project 8.29% Parking Stalls Residential Non-Residential Total Structured Parking 113 11 124 Surface Parking 0 0 0 Totals 113 11 124 Projected Total Cost of All Improvements(New Construction/Rehabilitation) $14,500,000 Projected Cost of Residential Improvements $13,500,000 Projected Cost of Residential Improvements per Housing Unit $133,663 Projected Cost of Residential Improvements per SF $96.54 Projected Cost of Non-Residential Improvements $1,000,000 NOTE:Calculations based on 8 years at this time,but subject to change if owner makes election to provide minimum of 20%of housing units as Exemption Period(8 years versus 12 years) 8 affordable housing Affordable Housing Units(if applicable) TBD • Affordable Housing Units as Percentage of Total Housing Units (minimum 20%) TBD Current Assessed Value(from King County Assessor's Office online records) Land SF 29,500 III Current Assessed Value for Land(2008) $737,400 Current Assessed Value for Land per SF $25.00 Current Assessed Value for Residential Improvements $0.00 Current Assessed Value for Non-Residential Improvements $37,500 Current Assessed Value for Residential and Non-Residential Improvements(2008) $37,500 2nd&Main Apartments Projected Property Tax Calculation NOTE:Calculations based on 8 years at this time,but subject to change if owner makes election to provide minimum of 20%of housing units as Exemption Period(8 years versus 12 years) 8 affordable housing Estimated Assessed Value for Land after (Reflects current land value but subject to increase based on increased Construction/Rehabilitation $737,400 improvements to site) Estimated Assessed Value for All Improvements after Construction/Rehabilitation $10,875,000(Estimated by City at 75%of projected construction costs) Total Estimated Assessed Value for Land&All Improvements (Estimated by City at 75%of projected construction costs,plus current after Construction/Rehabilitation $11,612,400 land value) Estimated Assessed Value for Residential Improvements after Construction $10,125,000(Estimated by City at 75%of projected construction costs) Estimated Assessed Value for All Residential Improvements per Housing Unit $107,673 Estimated Assessed Value for Non-Residential Improvements after Construction $750,000(Estimated by City at 75%of projected construction costs) ProjRad • 2008 Rate Estimated Estimated Property Total Estimated per$1,000 of Property Tax Tax for Non- Property Tax Breakdown of Projected Property Tax Assessed Estimated Property for Residential Residential (Land& (Based on Projected 2008 Property Tax Rates) Value Tax for Land Improvements Improvements Improvements) City of Renton-General Levy $2.57052 $1,896 $26,027 $1,928 $29,850 City of Renton-Special Levy 0.05330 $39 $540 $40 $619 Total City of Renton property tax $2.62382 $1,935 $26,566 $1,968 $30,469 King County 1.20770 $891 $12,228 $906 $14,024 Port of Seattle 0.22359 $165 $2,264 $168 $2,596 Hospital District#1 0.50854 $375 $5,149 $381 $5,905 Renton School District#403 2.62654 $1,937 $26,594 $1,970 $30,500 State of Washington School Fund 2.13233 $1,572 $21,590 $1,599 $24,761 Emergency Medical Service 0.30000 $221 $3,038 $225 $3,484 Sub-total other property tax $6.99870 $5,161 $70,862 $5,249 $81,272 Total Property Tax $9.62252 $7,096 $97,428 $7,217 $111,741 Estimated Annual Property Tax per Housing Unit $70 $965 $71 $1,106 Potential Projected Multi-Family Housing Property Tax Ex ption NOTE:Calculations based on 8 years at this time,but subject fo change if€ • owner makes election to provide minimum of 20%of housing units as Exemption Period(8 years versus 12 years) 8 affordable housing Annual Estimated Property Tax Savings for Residential Improvements ' $97,428. . l Total Exemption Period Estimated Property Tax Savings for Residential Improvements $779,424 Total Exemption Period Estimated Property Tax Savings per Housing Unit $7,717_ Annual Estimated Property Tax Savings per Housing Unit City of Renton Portion of Annual Estimated Property Tax Savings for Residential Improvements .. $26,566 • '. City of Renton Portion of Total Exemption Period Estimated Property Tax Savings for Residential: . Improvements ., - ; _ $212,523; - City of Renton Portion of Total Exemption Period Estimated PropertyTax Savings per Housing Unit $2,1041«: City of Renton Portion of Annual Estimated Property Tax Savin per HousingUnit - t`j S a - 9s $263=•.:': : III Based on projected 2008 Property Tax Rates,but subject to change in the future based on new tax rates and/o . ,changes in the project's assessed value. . F Attachment 2 _rl--'1 l-'�i-�-�'CI:.. t-41,_;:..p:'Int„: I((�r�� :i" i f(stil--fi-^'t'.i I� !_ri ''S 5 ; t._7 4,:.-. i'NEr Btn1,Sl. �, i I ir_c :tt 1 i F� .j,;—moi �_�y - - -\ ',� 5,,,. ¢ ,+6._;--1.„1.-J-2. .-7,7,ice- _Tis1 t I =$'tet ' 1 -'-`� a/ - + A. 511t}1 - 5_j m =- • 4 _ _ -�- , ., sjj.11,6-1hh s,..____,-.-1.. 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J m _, sh sF.ir .al l i • IN - ;/. ..,, -'L._ •s-t 11 1' :✓< ..ti � -. , --\ "\"{�'L" °• r- un.sr-� jf ry a: t 1.11;.r.h� _.� -- - n ;f, -2,--i---- i tl ,- ~� 1, /;r t Ia__.- �l -�-tt; '=�.; i.- il':',;, E i ,.... ._ `�`' " i �,:- Proposed Project for Multi-Family Housing Tax Exemption ,cY o Department of Community Legend 2nd and Main Apartments &Economic Development C:_?cty Limas Alex Pietsch„Administrator I I Renton Parcels June 23,2008 -AN.° Pdnana Johnson,Planning Technician N ®Highlands 0 1,000 2,000 /� Produced by cd)'of Renton 10;20:13,the city of Downtown Feet J .L1 Rerton al, reser:ed-Ha warranr,es of any son \w. J cocludire but nor limited to.a uraaty,Stressor ®S Lake Washington 1:18,000 rnercnan!ab,hty,aceornoanv th;c product File Nano H:tEC ISP1G!S_prcec,s\ea',omic_de\elopmenh rr u1ti_familv_tax_exemptic:ntmxds\proposed_p-ojecrMFHcusirg_tax_exernption mxd Attachment 3 1111 Note: This is a "place holder" agreement, using the template for projects approved prior to the Washington State Legislature's approval of House Bill 1910 in 2007. Before Council's approval of the agreement, the document will need.twbe modified to reflect the Council's action on the proposed modifications to the MultiFamily Housing Property Tax Exemption to reflect the applicable changes. A revis&i version of the agreement will be presented to the Planning & Development mommittee when available. MULTI-FAMILY HOUSING PROPE;RrY TAX EXEMPTION AGREEMENT FOR 2ND*MAIN APARTMENTS THIS AGREEMENT is entered into this :_dayof , 200 by and between N & C INVESTMENTSLLC (hereinafter referred to as the "Applicant"), and the CITY OF RENTON, a municipa{tCor-poration (hereinafter referred to as the "City"). Recitals. 1. Applicant has applied to-tfil City for.alimited property tax exemption as provided • for in Chapter 84.14 RCW and RMC-q1,-220 for multi-family housing residential rental housingaiocated.intl e Center Downtown (CD) zone as part of the Downtown residenitialtargefed=area-and=the Department of Community and EconomiCDeyeloprnent Administrator`has approved the application; and 2. = Applicant has submitted.'to;the City preliminary site plans, floor plans and elevations for 2' -& Main Apartments with one hundred one (101) new multi- family housing units"(hereinafter referred to as the "Project") on property located at 207:Main AvenueS, Renton, Washington, and more fully described in Exhibit A attached hereto;(hereinafter referred to as the "Property"); and 3. Applicant is theovvner of the Property; and 4. The City has determined that the Project will, if developed as proposed, satisfy the requirements for a Final Certificate of Tax Exemption. NOW, THEREFORE, the City and Applicant do mutually agree as follows: Multi-Family Housing Property Tax Exemption Agreement II/ 2"d & Main Apartments -p. 1 • 1. Conditional Certificate of Acceptance of Tax Exemption City agrees, upon execution of this Agreement following approval by the City Council, to issue a Conditional Certificate of Acceptance of Tax Exemption, which conditional certificate shall expire three (3) years from the date of approval of this Agreement by the City Council, unless extended by the Administrator of the Department of Community and Economic Development (or any other CityOffice, department or agency that shall succeed to its functions), or his or her designee, (hereafter referred to as "Administrator") as provided in RMC 4-1-2201. 2. Agreement to Construct Multi-Family Hou,smg-7- a. Applicant agrees to construct ttie'fFroject on the Property substantially as described in the site plans, floor plans, and eli'ations onfitewith the City'siDepartment of Community and Economic Development or its'.functiorial successor (hereafter referred to as "Department") as of the_date of the CityCouncil's approval of this Agreement, subject to such modifications.thereto as"maybe required to comply with applicable codes and ordinances; provided .that in no event,shall such construction provide fewer than "thirty (30)" new multi-familyhousing dwelling units designed for permanent residential occupancy. `7`" b. Applicant agrees toconstructpthe Project on the Property to comply with • all applicable zoning requirements land useiregulations, and building and housing code requirements, including but not timited to the City's development regulations in Title IV of the RMC and the City's applicobleidesign_standards and guidelines. The Applicant further agreesithat approvalaof this Agreemenfby the City Council, its execution by the Mayor,4oryissuanceof a Conditional Certificate of Acceptance of Tax Exemption by the City_pursuant to RMG4,1-220F3 in no way constitutes approval of proposed improvements on the Property withwrespect to applicable provisions of the City's development regulations iscludedrin Title IV of the RMC or any other applicable regulation cir:obligates theCity to approve proposed improvements to the Property. c. Applicant agrees=that the Project will be completed within three years from the date of approval-of=this Agreement by the Council, unless extended by the Administrator for cause as provided in RMC 4-1-2201. 3. Requirements for Final Certificate of Tax Exemption. Applicant may, upon completion of the Project and upon issuance by the City of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, request a Final Certificate of Tax Exemption. The Multi-Family Housing Property Tax Exemption Agreement • 2nd & Main Apartments - p. 2 request shall be in writing directed to the Administrator and be accompanied by the • following: a. A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to thaentire Project and Property; b. A description of the completed work and a sfatement of qualification for the multi-family housing property tax exemption; c. A statement that the Project was completed within the=required three-year period or any authorized extension and documentation that the ProjectTwas completed in compliance with the terms of this Agreement and d. Any such further information that the=Ad.rffinistrator deems necessary or useful to evaluate the Project's eligibility for the Fii I 'ertificate of Tax Exemption. 4. Agreement to Issue Final Certificate of Tax Exemption. The City agrees to.file a Final C ificate:of-Ta t.Exemption with the King County Assessor within forty (40)-daysof submissionmb y the Appiicant of all materials required by paragraph 3 aboveaif Applicant has: " • a. Successfully completed the Project in accordance with the terms of this Agreement and RMC 41-220; _- ,b JF Filedffia.requestwwith the City for a Final Certificate of Tax Exemption with the Administrator anti submittal?the materials described in Paragraph 3 above ; 'c Paid the City a7fee in the=amount of two hundred and fifty dollars ($250.00); and d. Metall otherrequirements provided in RMC 4-1-220 for issuance of the Final Certificate of TaXExemption. 5. Annual Certification. Within thirty (30) days after the first anniversary of the date the City filed the Final Certificate of Tax Exemption and each year thereafter for a period of ten (10) years, Applicant agrees to file a certification or declaration with the Administrator, Multi-Family Housing Property Tax Exemption Agreement • 2nd & Main Apartments- p. 3 • • verified upon oath or affirmation, with respect to the accuracy of the information provided therein, containing the following: a. A statement of the occupancy and vacancy of the multi-family housing units during the previous year; b. A certification that the multi-family housing units;NProject and Property have not changed use since the date of filing of the FinallCetfificate of Tax Exemption, c. A statement that the multi-family housing units, Project,and Property continue to be in compliance with this Agreementand the requirements of RMC 4-1- 220; d. A description of any improvements-or changes=to the Project rade after the filing of the Final Certificate or the most recentcertification; and e. Any such further information:that the Administrator deems necessary or useful to evaluate eligibility for the Final Certificate of TaxKExemption. 6. No Violations for Duration of Exemption:: �" For the duration:of the property tai'eTremption granted under RMC 4-1-220, Applicant agrees,thafthe Project-and the Property will have no violations of applicable zoning requirementsTland use,regulations, andibuilding and housing code requirements, includingbutn©t llinaited to. he,development regulations in Title IV of the RMC, for_which:the Plariirie8uilding and Public Works Department or its functional successorashall`Iiavezissued=a notice of violation, citation or other notification that is not resolved`by a certificate of compliance, certificate of release, withdrawal or otherwise, within the time period foracompliet ce, if any, provided in such notice of violation, citation or other`notification or ari extensibh of the time period for compliance granted by the Planning,pBuilding and Public Works Department. 7. Notification-of Transfer of Interest or Change in Use. Applicant agrees to notify the Administrator within thirty (30) days of any transfer of Applicant's ownership interest in the Project, the Property or any improvements made to the Property. Applicant further agrees to notify the Administrator and the King County Assessor within sixty (60) days of any change of use of any or all of the multi- family housing units on the Property to another use. Applicant acknowledges that such a change in use may result in cancellation of the property tax exemption and imposition of additional taxes, interest and penalty pursuant to State law. Multi-Family Housing Property Tax Exemption Agreement • 2nd & Main Apartments- p.4 8. Cancellation of Exemption -Appeal. a. The City reserves the right to cancel the Final Certificate of Tax Exemption if at any time the multi-family housing units, the Project or the Property no longer complies with the terms of this Agreement or with the requirements of RMC 4-1- 220, or for any other reason no longer qualifies for a property=tax exemption. b. If the property tax exemption is canceled for=nnon=compliance, Applicant acknowledges that state law requires that an additional real property tax is to be imposed in the amount of: [a} the difference between he property taxipaid and the property tax that would have been paid if it hadinfcluded the value of the:-nonqualifying improvements, dated back to the date that theimprovements became nonqualifying; [b] a penalty of 20% of the difference calculatedUNer paragraph (a) of this paragraph 8; [c] interest at the statutory rate on delinquent propertytaxes and penalties, calculated from the date the tax would have been due withoutpenalty if the improvements had been assessed without regard to tleexemptions provided by Chapter 84.14 RCW and RMC 4-1-220. Applicant acknowledges.thatpursuant toRCW 84.14.110, any additional tax owed, together with interest and become a lien on the Property and attach at the time the..Pr_operty or portion of.ttae Propertyis removed from multi- family housing use, andihafthe,lien has priority to andAmust be fully paid and satisfied before a recognizance;:mortgageijudgment, debt, obligation, or responsibility to or with which the Propertyjnay become charged oryliable. Applicant further acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the manner provided by law for foreclosure=ofliensli&delnquentreal=property taxes. c :=-Upondetermining that a tax exemption is to be canceled, the Administrator shall notify.thesprOperty owner by certified mail, return receipt requested. The owner may. appealmtlie determination in accordance with RMC 4-1-220L2. 9. Amendments. No modification_ofatliis Agreement shall be made unless mutually agreed upon by the parties in witin:g#and unless in compliance with the provisions of RMC 4-1-220H, including but not limited to the Applicant's payment of a two hundred and fifty dollars ($250.00) contract amendment fee. Multi-Family Housing Property Tax Exemption Agreement • 2nd & Main Apartments -p. 5 • 10. Binding Effect. The provisions, covenants, and conditions contained in this Agreement are binding upon the parties hereto and their legal heirs, representatives, successors, assigns, and subsidiaries. 11. Recording of Agreement. The Administrator shall cause to be recorded attle"Applicant's expense, or require Applicant to record, in the real property records`of the KiTiounty Department of Records and Elections, this Agreement and anyaother document`s.as_will identify such terms and conditions of eligibility for exemptionas-the Administrator deems appropriate for recording. 12. Audits and Inspection of Records. Applicant understands and agreesrthat the Citya las the right to audit or review appropriate records to assure compliance;with-this Agreement and RMC 4-1-220 and to perform evaluations of the effectiveness.of the*.lti famil=housing property tax exemption program. Applicant agrees to.make:appropiate records available for review or audit upon seven days'ewritten notice°by .tlae=City. • 13. Notices. All notices to be givenAgreement shall be in writing and shall be deemed given'-when hand=delivered within normal business hours, when actually received by facsimile=transmission,or`two business days after having been mailed, postage prepaid,to the parties at:the addresses set forth below, or to such other place as a partymay from time to time designate in writing. APPLICANT: _ N & CI-nvestment LLC _ 74321E 27th Street Mercer Island, WA 98040 `Ph=one: 206-236-9989; Fax: 206-236-0328 Attention: Iolanthe Chan-McCarthy CITY: City of Renton Department of Community and Economic Development 1055 South Grady Way Multi-Family Housing Property Tax Exemption Agreement • 2nd& Main Apartments - p. 6 Renton, Washington 98055 • Phone: (425)430-6592 Fax: (425)430-7300 Attention: Administrator 14. Severability. In the event that any term or clause of this Agreement -onflicts with applicable law, such conflict shall not affect other terms of this Agreement-which can be given effect without the conflicting terms or clause, and to thisrend,"themterms of the Agreement are declared to be severable. • Multi-Family Housing Property Tax Exemption Agreement • 2nd & Main Apartments- p. 7 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. N & C Investment LLC A Washington Limited Liability Company By: Logan Avenue LLC, Member A Washington Limited Liability Company Iolanthe Chan-McCarthy, Manager By: Logan Partners LLC, Member .. A Washington Limited Liability Company, Thach Ngoc Nguyen;.:Member.-_" ` — By: , _._ Camieg;NMember 1 111107.,„..„.....,__,-.._=__---....._.,...":„.„... ____, CITY OF RENTON - _ -.,....1.7_:.„:„..„:: ...,_ _ .,:,:.._ . . _. ,. Denis Law, Mayor - APPROVEDAS TO FORM;,' ATTEST: City Attorney Bonnie I. Walton, City Clerk Multi-Family Housing Property Tax Exemption Agreement III2nd & Main Apartments - p. 8 • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200 , before the undersigned, a Notary Public in and for the state of Washington', duly commissioned and sworn, personally appeared before me Denis Law,.tof 1 known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to beithe free andlvoluntary act and deed of said municipal corporation for the uses and=purposes there'in`m_entioned and on oath stated that she was authorized to executesaid instrument. In witness whereof I have hereunto set�rnyhand andaffixed my official seal the day and year first above written. _ -NOTARYiPUBLICp - F rinted.=Name= . ' Residing"at .. :.„_.„ .... _....,_„._..._:__,.„ :=commission expires • ._. ..x,,. .,,...„,, _, __,..... _„..„, =......t.., ._,,..„.„..,..,„t.,..,_ ..........., „_____ _ ____ - .,... , _„..,..____ „........=......=.:,=_ ___ . _ ______ _ --__ „....„.. .....„_.= ....._ ..._. ,, .....:.4.,.:„..... ___. - [notary-Wall - Multi-Family Housing Property Tax Exemption Agreement III2nd & Main Apartments -p. 9 • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200.. , before the undersigned, a Notary Public in and for the state of Washington duly commissioned and sworn, personally appeared before me Iolanthe Chan-A7lcCarthy, to me known to be the Manager of Logan Avenue LLC, that executed the within and foregoing instrument and acknowledged said instrument to be the free andVvoluntary act and deed of said party, for the uses and purposes thereinJnentioned,=and on oath stated that he was authorized to execute said instrument= In witness whereof I have hereunto set my hand and affixed myofficial seal the day and year first above written. NOTARY. PUBLIC:=� Printed=Name: ResidingNat` - :- m My°coMnlission-expires • _„„ ________ _____„_ Multi-Family Housing Property Tax Exemption Agreement 2nd & Main Apartments- p. 10 STATE OF WASHINGTON ) III ) ss. COUNTY OF KING ) On this day of , 200w, , before the undersigned, a Notary Public in and for the state of Washingtod n-nuly commissioned and sworn, personally appeared before me Thach Ngoc Nguyen, to me known to be a Member of Logan Partners LLC, that executed the within andforegoing instrument and acknowledged said instrument to be the free and voluntary aCfand deed of said party, for the uses and purposes therein mentioned, and_onoath stated=that he was authorized to execute said instrument. In witness whereof I have hereunto set:my hand and.affixed my official seal the day and year first above written. NOTARY PUBLIC :.. 't". -... 'Residingaat My�commission expires . „. ,. , _ , ..„...,..,. _„ ____ ._ 111 , ,..:„....z.„ ____ __ ___ ._ ...........7=_. . ___.- __ _ _ .._.. :[notaryseal] ---':—:*--L-E,72: ---=--.... Multi-Family Housing Property Tax Exemption Agreement III2"d& Main Apartments- p. 11 • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 200_. , before the undersigned, a Notary Public in and for the state of WashingtoriTiduly commissioned and sworn, personally appeared before me Camie Ng, to melkhown to be a Member of Logan Partners LLC, that executed the within and foregotrig instrument and acknowledged said instrument to be the free and voluntary act=and deed of said party, for the uses and purposes therein mentioned, and onmoath stated;tlat he was authorized to execute said instrument. In witness whereof I have hereunto set r 1hand and.affixed my official seal the day and year first above written. NOTARY PUBLIC' �wPrinted Name:. _�.:� Residingrat H- . My"commission expires 1110 [.notaryseal) .... Multi-Family Housing Property Tax Exemption Agreement • 2"d & Main Apartments- p. 12 MULTI-FAMILY HOUSING PROPERTY • TAX EXEMPTION AGREEMENT EXHIBIT A LEGAL DESCRIPTION LOTS 16 THROUGH 20, INCLUSIVE, BLOCK 13, TOWN QF~RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 Or-FLATS, PAGE(S) 135, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 5 FEET OF LOT 16, CONVEYED TO THE CITY-OF RENTON BY DEED RECORDED UNDER RECORDING-N;OMBER 7905070629;AND EXCEPT THE WEST 5 FEET OF LOT 17, CONVEYED TO THE CITY OFTRENTON BY DEED RECORDED UNDER RECORDING=NUMBER7905070628 SITUATE IN THE CITY OF RENTON COUNTY OF-KING, STATE OF WASHINGTON. • Multi-Family Housing Property Tax Exemption Agreement Exhibit A—Legal Description • 2nd& Main Apartments-p. i a. CITY OF RENTON COUNCIL AGENDA BILL /. 1 AI#: 4/ t' : 1 IIISubmitting Data: For Agenda of: Dept/Div/Board.. CED/Planning July 7, 2008 Staff Contact Angie Mathias, ext. 6576 Agenda Status Consent X Subject: Public Hearing.. • Two Additions to 2008 Comprehensive Plan Correspondence.. Amendment work program: Ordinance • Appropriately designate land use in the Resolution Fairwood/Petrovitsky/Red Mill Potential Old Business Annexation Area, and • Housekeeping correction to three parcels in the Benson Hill area. Exhibits: New Business Issue paper Study Sessions Maps Information 1. Fairwood/Petrovitsky/Red Mill Vicinity 2. Renton Comp Plan - Red Mill 3. King County Comp Plan - Red Mill ' 4. King County Zoning - Red Mill 5. Vicinity-Benson Hill Parcels 6. King County Zoning - Benson Hill Parcels 7. Renton Zoning- Benson Hill Parcels 7 Recommended Action: Approvals: Refer to the Planning and Development Committee and Legal Dept the Planning Commission Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project... SUMMARY OF ACTION: Two items need to be added to the 2008 Comprehensive Plan Amendment work program. To include these two items in the work program for the 2008 Comprehensive Plan amendment cycle, the City Council will need to make a finding of"emergency"under WAC 36.70A.130(1) (b). Fairwood/Petrovitsky/Red Mill Potential Annexation Area The proponent for the Red Mill Annexation is actively circulating a 60%petition to annex to the City of Renton for properties included in this proposed annexation boundary. The adopted Renton Comprehensive Plan designations within this area, and in the larger Potential Annexation Area,do not always correspond to existing development or to vested projects under King County zoning. As a result, it will be necessary for the City to process a Comprehensive Plan amendment changing the Land Use Map to allow the City to adopt zoning facilitating conforming use designations. This issue was not included in the original referral for the 2008 Comprehensive Plan amendments. The Red Mill annexation • proponent re-activated her petition drive recently and intends to request approval of a 60%petition and authorization to present a completed Notice of Intent to Annex to the Boundary Review Board in 2008. Action on the Comprehensive Plan in 2008 allows the City to provide information to property owners Red Mi11CPAgendabill about what Renton zoning would be if annexation occurs. The amendment could not be completed in a timely fashion if held over to the 2009 Comprehensive Plan Amendment cycle. Typically, the City • adopts Comprehensive Plan Amendments at the end of the calendar year, and timely public information about a Red Mill annexation, or any other potential annexation within the Potential Annexation Area would likely occur throughout 2008-2009. The proposed Red Mill/Fairwood/Petrovitsky amendment would be titled: • 2008-M-04 Amendment to the City of Renton Land Use Map to evaluate land use designations and concurrent re-zoning in the proposed Red Mill Annexation Area and in the larger Fairwood/Petrovitsky Annexation Area. For the Redmill/Fairwood/Petrovitsky proposal, the need for an emergency is created by the filing of the Red Mill 60%petition after the December 2007 deadline for the 2008 Comprehensive Plan Amendment cycle, and by the reasonable need for the City to provide information to property owners and residents within the Potential Annexation Area about City land use policies prior to consideration of possible annexation petitions in 2008 and 2009. It is anticipated that public review of potential annexation petitions could occur prior to the anticipated adoption of the regular City annual Comprehensive Plan amendments in November/December of 2009. Benson Hill Housekeeping The City initiated housekeeping map amendment is to correct an error in land use designation made during the Benson Hill pre-zoning. The properties at 11626 SE 168th St and 16710 116th Ave SE were erroneously mapped as Residential 8 (R-8) instead of Commercial Arterial (CA) during the 2007 Comprehensive Plan Amendment process. Thisamendment would be titled: • 2008-M-3 Amendment to the City of Renton Land Use Map to correct an error in mapping and changing land use from Residential Single Family with R-8 zoning to Corridor Commercial with CA zoning: Parcel 1 (PID #142370094) owned by Geoff Bell and Parcels 2 and 3 (PID #1423700922 and#142700931) For the Benson Hill Communities Housekeeping Amendment the need for emergency is created by incorrect land use and zoning on the three properties that results in non-conforming uses and diminishes the property owner's ability to use and sell their land and/or businesses. STAFF RECOMMENDATION: Refer application 2008-M-3 Correction to the City of Renton Use Map for PID #142370094, #1423700922, and #142700931 and application 2008-M-04 Amendment to the City of Renton Land Use Map to evaluate land use designations and concurrent re-zoning in the proposed Red Mill Annexation Area and in the larger Fairwood/Petrovitsky Annexation Area, to the Planning and Development Committee and the Planning Commission based on a finding of emergency under WAC 36.70A.130(1) (b). 1111 Red MillCPAgendabill �<CY DEPARTMENT OF COMMUNITY & • • ® • ECONOMIC DEVELOPMENT MEMORANDUM DATE: June 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor,O) FROM: Alex Pietsch, Administrator K`" STAFF CONTACT: Rebecca Lind, Long Range Planning Manager (ext. 6588) SUBJECT: 2008 Red MiIUFairwood/Petrovitsky Comprehensive Plan Amendment and Concurrent Pre-zones ISSUE: Should the City Council add the review of the land use in the Red Mill Annexation Area and the greater Fairwood/Petrovitsky Potential Annexation Area to the 2008 annual Comprehensive Plan amendment review process? • RECOMMENDATION: Refer 2008-M-04 Amendment to the City of Renton Land Use Map to evaluate land use designations and concurrent re-zoning in the proposed Red Mill Annexation Area and in the larger Fairwood/Petrovitsky Annexation Area to the Planning and Development Committee and the Planning Commission. BACKGROUND SUMMARY: The adopted Renton Comprehensive Plan designations within The Red Mill Annexation, and in the larger Potential Annexation Area, do not always correspond to existing development or to vested projects under King County zoning. As a result, it will be necessary for the City to process a Comprehensive Plan amendment changing the Land Use Map if the City Council wants to eventually adopt zoning for this area that recognizes existing development patterns and facilitates conforming use designations. The properties within the Red Mill annexation area are already developed with multi- family and commercial development,but the area is currently mapped as commercial and single family in the Renton Land Use Element. The boundaries of the commercially mapped area need to be checked for accuracy. The City will need to consider Residential Multi-family, Residential Medium Density and Corridor Commercial land use to resolve conflicts with existing development patterns. In the remainder of the Fairwood/Petrovitsky area, the predominately single family land use pattern seems to match the adopted Renton Single Family Land Use designation. Significant changes are 1111 not anticipated in this area, but it needs to be reviewed for accuracy. There is an existing H:\EDNSP\Comp Plan\Amendments\2008\2008 Admin\Referral Issue Paper.doc Marcie Palmer,Council President May 30,2008 Page 2 of 3 • Multi-family Designation in the Renton Comprehensive Plan that needs to be checked for a match to developed densities and parcel boundaries. Staff identified the discrepancies between the mapped land use in Renton's Comprehensive Plan and the actual use on the ground during preliminary review of the Red Mill annexation proposal. At the time we completed the referral for the 2008 Comprehensive Plan work program, the Red Mill Annexation was on hold pending later action on the Fairwood Annexation by the Boundary Review Board. However, since that time Red Mill annexation proponent re-activated her petition drive and intends to request approval of a 60%petition and authorization to present a completed Notice of Intent to Annex to the Boundary Review Board in 2008. The prospect of public review and hearings on an annexation proposal before the City and residents in the near term raised the issue of resolving City policy about land use in the area. Taking action to amend the Comprehensive Plan in 2008 allows the City to provide information to property owners about what Renton zoning would be if annexation occurs. The amendment could not be completed in a timely fashion if held over to the 2009 Comprehensive Plan Amendment cycle. Typically, the City adopts Comprehensive Plan Amendments at the end of the calendar year, and timely public information about a Red Mill annexation, or any other potential annexation within the Potential Annexation Area, would likely occur throughout 2008-2009. • The Growth Management Act limits processing of Comprehensive Plan amendments to an annual review cycle. The Renton Municipal Code RMC Section 4-9-020 establishes a filing deadline of December 15th for amendments considered during the subsequent year. To include the Red Mill/Fairwood/Petrovitsky work program in the 2008 Comprehensive Plan work program, the City Council will need to make a finding of"emergency"under WAC 36.70A.130(1) (b). In this instance, the need for an emergency is created by the filing of the Red Mill 60%petition after the December 2007 deadline for the 2008 Comprehensive Plan Amendment cycle, and by the reasonable need for the City to provide information to property owners and residents within the Potential Annexation Area about City land use policies prior to consideration of possible annexation petitions during public meeting and potential Boundary Review Board hearings and/or meetings in 2008 and 2009. It is anticipated that public review of potential annexation petitions could occur prior to the anticipated adoption of the regular City annual Comprehensive Plan amendments in November/December of 2009. CONCLUSION: It is in the interest of residents and property owners in the Red Mill Annexation area, and in the larger Fairwood/Petrovitsky PAA, to be have information about City of Renton land use policies prior to consideration of future annexation petitions. The City last reviewed the land use in this PAA in 2004,but since that time additional development and projects vested under King County zoning make some development patterns inconsistent with the Renton Comprehensive Plan. Since annexation review is likely to • h:\ednsp\comp plan\amendments\2008\2008 admin\referral issue paper.doc Marcie Palmer,Council President May 30,2008 Page 3 of 3 occur throughout 2008 and 2009, it is preferable to complete the needed land use review • in 2008 as part of the current amendment cycle. cc: Jay Covington • • h:\ednsp\comp plan\amendments\2008\2008 admin\referral issue paper.doc •-,:,..,, -.moo..., 1 . i- . ....:„..--.....,",.. • •••%-..._, ,-,,c,.._ 7.: . ''-1 i's - _ - •1141,,,k00 ,A.-- - - . • 11 I_ ''---.----'-'7'-'-_ _ ILI , ,,,./.0 C„.'"k„ •••=1,••1". ''''., 7 0 . ail •"'"11111 1 • -4 ..1'.......1:-.f• ,r1rVA.1, • ....1i- (i\ j-‘1.) 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'-)%7',,,,;:4,,.or. • 40/ 7,4- : ....- , ./. ..,.' i.,-///4,1a.• ,• 1 ,.../., . , ...,, . , - :rc,n , ///-7'•• - ,. d , ,..,,,,,4,4 • .4. : . ,_ ,-,.. ,.. .:, ,-- "..,E,. 1 i.-.2 t- wit, ' /--' 4ws 4 ':#0'471601- -zw, 4,,,,..., -,,,,,,,,, , Ari 4, •-I- ','-;;..-- ,/,:_---- zoroily _,,,,,,_ d i r-I -,..„,../....- 7/..1. ...r—I, • •' ''Z'1,, '•'/.7// i /,,•,0054,0*.:01 ,."•,,:j 7'—,-r" ..,-,, ",,,•=,..,-7,1••,, AO. l'A A'. :' '11111" 1 • _ ......._ .. ,•'''':,'27;.44. 11. ) '''.'- • :' A il ,i-- 1 I rr u. (.„; - 't • _ ,, 1 ' I 1 ..,.. Economic Development, Legend Fairwood/Petrovitsky/Red Mill 14c-id:10 Neighborhoods and Strategic PLan ning r,..3 City Limits 17.3 Re dmill Annexaito n -• Alex Pietsch,Administrator t'mamma,Urban Growth Boundary Potential Annexation rea ,---1 A Johnson,Planning Technician 1 ',......_,,,PM Boundary t1 January 23,2008 Parcels Pro dur.',ci by'City'of Rentony..:)2003, the Cityof Renton all r ight resenfe.d. Right of Way [;:`,/,?;',1 Fairvvood/Petrovitsky Area 0 1,250 2,500 5,000 (-- No voarrantiz.eof any zncl o rt,iuding but Feet I not limited to a o-_,J ra w,frtn,I,L.i.,or rne.rchan bbl rt 1:40,000 a(comp an.,thil, product File Name:H EDNSRGIS..._pr ojectsAan nef.ations\taiwoo od% rTcYds,fa 41.6)00 d.jsoith out pro pos ed_an ne4.m.d Mir 14 \ I I W.T.Z4 r4r1 I I:I I I li.,, :__I-- NMI 1.1 W * 41 1111 IN f rSE468hSJ7 i W u I 1 t4 O 1�4 1 ail", itt •# 1111 \ 0 Sr° WiAISZa#4 a1,1 Ill liMIN.ne .. IIIIIi �► 4410100*.ie SE 170th St ---1 111111111111111// _ t '�jou ` ,J$1, I1111P �RO 4.04 % -� ' sea SE 147-2nd St� VIII - _ l �� , 44 ' 111111 II." 1 ' Lu I ". 1 '' ' . L 1111111 011 111000.-01111 Illi ,444, r 11(14> III , :c7: s ; Ali . I•400 Ifr41a.,..**4 istv 1 - d / tom x 11111 :1 No- — SE Pettaits # .. - :7:.i7).„% re-7 i .,. ./- j ' ,: . L, ,,i r----ttei ? - '), rw: . ,a i , t i Li i j ! I I i I114"11111111m1. IF., pm ,. _ ._ -•- _ _ _.„ , Ii 1 , 411). ir.W..1 i i I 1. i , , i t n I fl ] ! 7! 1 L Mi MI I m 117"I I Ii I WI — Q ■ ����I , L I i I I . Al i %4'P'à*1um, - \\ >:\"0, .. 1 \ \ 4k0 I III MI t • I f LiLL___,' ', 1 II 110 —i 61 , ,.._. la 1 1 itill i 1 \-- 1,0 416. 1 - :4•' '\ \ A 1 I1111 \421 mow. 11 or jo. rani 1 . U gm mil so Nu , \mitt : .. :,14poviimanabi_ . et W4 t PI it,4 I Pki 0 0 41 NM * Mar* 4 i MIMI I , 1--" I-- .11. Waftiofwev#ital -- ,.. rit,12 DIM __MIA...." 1---7 1 1 1V1 • ` mu s 1 , I MI E■ v \ 1 1 , \ li�` N11 ' Legendd ,�Y Department of Community �.�t�y Lanlnme,mc°n eay i..J RLo-ae�a°rc�Lee Density CPA 2008 M:04 & Economic Development Red. Use 2007 RMDRes.de°aal Sedum Denny p Landes° RMF-Reetlentel MW Family Renton Comp Plan •�N Alex Pietsch,Administrator ®cc-corm cam°. RS-Reside.,Single Fame Adnan Johnson,Planning Technician cm CR-Commndasnognbmwm RF-Re den ngiereney June 20,2008 Produced by City of Renton(c)2008.the City of Q COR-GanmeraaLDirce-Rgdened rm UOmU,n n Center Downtown Renton all rights reserved.filo warranties of any sort, CV-Centereneno cm ucwu.mn CemNorthar RN 0 260 520 1,040 including but not limited to accuracy.fitness or EAI-Fmpbymemaee Indus., Feet �/w�" merchantahihi-1ty.accompany this product. File Name. iEDNSPIGIS_prolsctstccrnptanamendment 1:10,000 tmadscna2003_1,dO4_renton_complan.mso J 1 th St . / ('` •c3 F- -- — �.\ w 5 - - 1 „. y- + _ ;\;' �, `✓ \\�� -'� • t` ` , E 168th St L' i . -( ; , SE 170th St ),o i ! 1 I I ' >•,- \ rr + l'' ' ea 1 ) :� 1 4 • _1 p IN SE 172nd St -~ t t , . \ \ r -_-- -- -`� ,`! W (n RENTON y j, f\ i i �, r C S tskY Rd I . i EPetrovi , r t r , - , --_, ,,,-,„_4_,_ 11/7 \,‘.\ i leat44.41112511ailn"--71 • — — J , J i J 1 1 O„ �� f • I r I : L I �r I —_ ill ' i . �� _ fry ," ' ` r I i ;.,_ /i - v �47: -1-Tri it!1. ' 11 Mk ` r I ] I 1 \ ; ,....., , ,,, __ , . : ., ..........4,.,„„ Legend CPA 2008 M:04 Department of Community jui ,�Redmdl Annexation wiry �IForestry n Rural Residential 1du/25-10 Acres 4& Economic Development •� cryLlm'' ®gbGreenbelWrbanSeparator r:,"•,-,..,--1,,Ruralo n King County Comp Plan King County Comprehensive Planning0a Induslnal nt Rural Cities Urban Growth Area Alex Johnson,PietscAdministrator CPLD Addana Planning Technician m Mining uh Urban Residential Nign>lzdwaue ®ac Unincorporated Activity Centerr rib Neighborhood Business Center ul Urban Residential Low ldulacre June 20,2008 ag Agncullure op Other Parks/Waderness urn Urban Residential Medium 4-12du/acre N produced oy Cl:v of Renton(cI 2003 the City of ®cb Community Business Center q'-^,'� pace 0 262.5 525 1,0 F „ Renton all fighis rL-sv'R'2d No warranties G any son M...2 os open s /Recreation INIupd Urban Planned Development Fee. incluyinc but not limited to accuracy fitness or cm•ce O°inmun:ry outside of Center m Rural Neighborhood 41, m.rChar:tandity accompany vhls product r:a=:enm ICEouSP- h:.l a .r d:.mt 1:10,000 orolzc __ mrd,t,,,,°Mir_,:ng_anc:nt .m-71An nu^ 1-t, St rTv; .-_>k.,1-2---4_1? --`-ii , ! ,1111 ti/I --.1 \ "--- ."---- ..-e/ / --,s'-.- •"-\ --, '• -....- ‘ ------, r 1 7.111 ell = t , /•"">--,-N. '--/ V,, .)-\,- ' / 1 ..-----_ -SE 168th St ! \'''r-s•:<, . I—fir{ �1 '�; :f: \ i 1I l �; . iJ` j t 'A• 7 5l _ =SEj70th-St.(, I ; 1, ;tilt; - -- i i ■ • !T err 1- i rl ,.{ J f 1 1 i Lu I I ..iwill s --.- 1 '---.1-:L:LA'' : '11::% I '-'-'' lit. --,:', .,, ' \-c,• "1—"--..; :; JXy I , �co 4 , -.10 � 1 ( r i -----. -SEPetroy tea_ F =# l "� 'y f} ilk 1 - t i- r a < t '�' it I a.,«.. 1 I I i I I IIy)1 11111 / 1 ''ene\\ iiii l iir , , � y I I f ,___; j 4 7 Willi II■�■!■ J 1 i--- I I / II , 11= ...r1 1 ..., ..„ . . ,._.. ... . , ��z ,.,,,.., ,, Phi ___ �■ '- _ Il i — l lT', ■■�■# ' ' a '71,771----- J H r r Or �'-/„...", Y Y r 4 7 ----1-- '4 ■ - i�„ _—_ J \ 1.'y VP,.- � 11111111111 _ :,. �.- j ,`1-ef i r' ,11.41: - ,_ \ w Zvi ; __ / ? . _ _,_1� ✓_ r-- a � i ;' ��`i \r-r. _ �-� Irl Y r i �l r , 1 n1111 - �■ - tit r - . Legend rn�yor Bary ©MMne. R-48 Rase d4&wacm Department of Community i YLmAs =NBN QENoatlBsnes=RbPstleyd6Nm CPA 2008 M:04 TY IGRgCWtky ZGn•J en°C.`e l {Rb R¢aalol8d✓ave :± .: &Economic Development CURRZONE []R-1R�ee+�taw�4 L3�-ta�I+ASR King County Current Zonin .S Alex Pietsch,Administrator �atBPgi RIR.,td.noeves=R12 Res ei12 1:se(-HR425Rua11aw5ave; Adriana Johnson,Planning Techniaan (Jnasny,ent,a,14.95 erns ED R-18 R�enns,l 16&le L�RF.s na alawsaoes aacuMre��� QR-te-Rso �!✓8Re9orel avy�: June 20,2008 Produced by City of Rd.No v:en-w e co an of FRrnr r ®R-24R:delNI 24d,6w I JURtm,R�,e 0 250 500 1,000 Renton all rights reserved.Not:•arrracy tet any sort, U,naato OR-4 Restlenfamu ns Feet Inaudinghut no;limited to arrvrac.titrtess or merehzntaS:ll:y accompany Ur is product Fin None H:._DNSP�.G!S rroer.s'._m:Ran a _r'i=_nt 1:10,000 mxcsrcpa20nn_i,.14 Krtg car-r--_current conng mcd 011P Illh 0 Q `y I 4;,44f , =_ SE 166th°PI .`.,`: _ 4 1 SE167thhSt --'-','F j_ I th P� i; SF , 2 SE 16&th_S_t ` „ .114. ,..-f 0el. 1110 \ °i SE 169thSte # e ,,,,, s�Y °� Parcel 1423700922 4� . .,N,c0 Vicinity Map Department of Community Legend •&Economic Development Alex Pietsch,Administrator ®Parcel 1423700922 Adriana Johnson,Planning Technician =Renton Parcels June 10,2008 N Prodoced by Cttyof Renton(c)2000,the City of 0 50 100 200 Renton all rights reserved No Aarranties o)any sort, Feet no:uding but not lime to to nal racy fitness or nte.chan,ab6ty accompany the procuct 1:2,400 Ale Name H\EDNSP\GIS projecte:vicoty_maps\mxds pa•cel_742370C922_,-ianity mod . 4W Vow— . ,, :., , . . „ • ,.....,1444 _ .. .. . , .. ..__ H ,..„ .W Q c- h }Q r4 4 SE.1;66th;P1,'„_. Q J . '-'1--- . ' '' _ . SE 1670 St: ,•� .-F • • • SE'i6Bth_St. _• - H.. QJ' Q ay . • . , ' , . sF., 1�oi> Aj ° SE169thSt= e_ c . .<0. 0 Parcel 1423700931 NTo� ., Vicinity Map Department of Community &Economic Development Legend 41111 Alex Pietsch,Administrator ®Parcel 1423700931 Adriana Johnson,Planning Technician 1423700931=Renton Parcels June 10,2008 N Produced by Cey of Revlon(c)2008,the Det;of 0 100 200 Renton all rights rese"ved No war antics of an __sort, Feet including but not limited to accuracy fitness or merchantability.accompany the p;odo I 1:2,400 Rie Name H 1EDNSPIGIS_protectsmrcinity_maps\mzdsc. parcel_1423700931_vrcinihe rod \ \ am h i 0 '-...;t: 4:4 i( twSE71_66th•=P1:- _.___ - 4- Q= - �44 r SE 167twSt . :'- ;' - 16t .:hp/ 4 SSF ., \ ,,� ' t �•..�.... n:.. J --:..1.S4-:. =gam : SE 1f$th°St . : _ _ \ 1- ci +: i 74 • # fIllifilli -i>' ' .tFk 1jq. `Oz �Ai SE' 69#h S 1t C Parcel 1423700941 ��� Vicinity Map Department of Community •&Economic Development Legend Alex h,Adreinistrator ®Parcel 1423700941 Adriana Johnson,Planning Technician June 10,2008 N Paled by C,ty of Renton(02008.the City of 0 50 100 200 Rentonterall rights reserved No•war.an;ies or any sod, Feet • including but not limited to accuracy Obese or File Name H\EDNSPIGIS_projectsirxlnifv maps,.rrxds\ mens hantabilily.accompany ibis'r'oduC. parcal_t423780541_e cinnyrnxd 1:2,400 — —R--6--- , 4- ..... . . . . R-6 cW - iii_________ . \, Q �. , . gj ' 4 41Co 14 SE 166tH PI N fN JQ*11 ' '_ R-6 r�r yy R : SE 167th St .T 16thP�. - -- ,SF= :Y - R-6 SE16Sth S_t_ "� R-6 NB '1, R-12 `rF gip. 1111110111411111 • A/, R-8 4\ • SE169-tMSt C . R-8 i R-18 o�, Y °� Parcel 1423700922 �� Legend +p�'Nliall�� ®Par�1 1423700922 R-1 Residential t du/acre King County Zoning M a p N r O Renton Parcels R-12 Residential 12 du/acre Department of Community King County Zoning R-18 Residential 18 du/acre (� •Y C3 R-24 Residential 24 du/acre CURRZONE el &Economic Development /}10 Agricultural/1 DU per 10 acre R-4 Residential 4 du/acre Nen Pietsch,Administrator A-35 Pgricultural/1 DU per 35 acres C3 R48 Residential 48 du/acre Adrian Johnson,Planning Technician =CB Conmunity Business R-8 Residential 6 du/acre June 10,2008 N R-8 Residential 8,1 du/acre Pmd:::ac by Cr y of Renton(c)2008,the CGy of C3 RA-10 Rural Area, DU per 10 aces -1Ei - Rs n!en ail nchls res rved.No warranties of any soft, OI-Industrial Feet including but not limited.to accuracy.fitness or 17.1M Mineral RA-2.5 Rural Area,1 DU per 5 acres memhantabihty arorepany urs product CZ NB Neighborhood Business RA-5 Rural Area,1 DU per 5 acres 12,400 © IMO Office RB Regional Business Re Name.arcel P':GIS_pro;ectstvlcinity_maps\mvds, parcel_1,23700922 KCzontng mxd 1 • R-G •'� ®4 _ III/ 1 R-6I 0 ''-c'el4-4. v R-6Q .ti (\\\)C\ -- . 03 SE 166th Ph 'Cr.) y 'Q'. R-6 r**•11147- R : ...----;-10 . SE-167th—St 16th pj 4.. SE 168_th$#' QJ ii R-6 0> NB R-12 4F7.o -, iii lippopip „ , t%ip: R-8 .off SE—I-OM—St - R-8 �� - . ..1111/ R-18 06-eiN,TO: Parcel 1423700941 ®Parcel 1423700941 R-12 Residential 12 du/acre 1Gng County Zoning R-18 Residential 18 du/acre King County Zoning Map CURRZONE p R-24 Residential 24 du/acre Department of Community A10 Agricultural/1 DU per 10 acre R-4 Residential 4 du/acre f::3 A-35 Agricultural/1 DU per 35 acres G R-48 Residential 48 du/acre &Economic Development • CI CBCommunity Business R-6 Residential du/acre Alex Pietsch,Administrator ®F Forest O R-8 Residential 8 du/acre Adriana Johnson,Planning Technician O I-Industrial tt=11 RA-10 Rural Area,1 DU per 10 aces June 10,2008 N MI Nghl RA-5.5Rural Area,1 Up a acres 0 50 100 200 Produced by CityRenton of (,c)2008 the City of 1::3 NB Neighborhood Business RA-5 Rural Area,1 DU perr5 5 acrTes Feet Renton all rights re s=_;ved No waranlres of any sort, ®OOffice flRB Regional Business including but not limited to accuracy.fitness or me,rhanlabii;ty accompany this product R-1 Residential 1du/acre 1:2,400 File Name H\EDNSP''GIS_proieclsvicinay ,cops\midst pa•cel_1,23700941 KC_zonino man R-6 cW IPA wir4 . v at 44 . I R1 ... �_ elft til ociQ 1 I ley II :� SE 1166th P1 h R j2 b I. *•• �ti R-6k.y R : % SE 1-67M-St '_ PP- �Zsti • x :.:,.,,. -1,-.1),-.:,-4.5---.4 � . i{s, �Z.N� R-6 '= r x i .54:16- R-6 NB11P 10 11111.1.4 R-12 sem.. pts '/ R-8 SE 169€h-St' CB R-8 • - R-18 4 a- \ •o®� ��Y ° Parcel 1423700931 • ®parce11423700931 R-12 Residential 12 du/acre - N� Feng County Zoning R-18 Residential 18 du/acre King County Zoning M a p CURRZONE OR-24 Residential 24 du/acre Department of Community A-10 Agricultural/1 DU per 10 acre R-4 Residential 4 du/acre p `7 ' R-48 Residential 48 du/acre ID il�35 Pgr'cuttural/1 DU per 35 acres G7 &Economic Development p CB Community Business R-6 Residential 6 du/acre Alex Pietsch,Administrator F Forest O R-8 Residential 8 du/acre Adriana Johnson.Planning Technician O I-Industrial E=RA-10 Rural Area,1 DU per 10 acres June 10,2008 N M Mineral RA-2.5 Rural Area,1 DU per 5 acres 0 50 100 200 �}� PT,d::ced by City of Renton 1.c)2006,the City of C=NB Neighborhood Business RA-5 Rural Area,1 DU per 5acres Feet - Renton all rights reserved (/\—`—/■�■,—'/—\) No warranties of any s0't, ®D Office RB Regional Business including but not limited to accuracy Stness or merchantahNity.accompany this y-oduct R-1 Residential 1 du/acre 1:2,400 Free NameH.\EDNSPIGIS prolectssianrty mapsmxds\ parcel_1a23700031 KC_zonma mxc • -....;:111 -!_ 7:4--.--,-.- viumiummilliTP 41111 �5 _`,wry lIf':Tyt If '� ii,-„,_-, _ _,—. '3`.s. ct,:s,-` X41'., - :,::=-1,-,§ QI Tey_ Ir re T ?,. _ . mss- 4- -- !:*: - ,15E 167t-hhrSt._; _ia '<.;_ ;.= P/ 7 IP 11Pt • ! ,, - fTt'x,----,7,‘T-`-i,77.71,4--`,14.' +' ra' '�' .._.,4 . - 'T'P' X'3.„m.sifm �� - A '- Fdk s , ',,$,,.,T4.,. _,; a- nF - < .^jE� qqCCpp +.., 1, k' ,t. r 6. ',-p,`>-6- t :'v.� �-`=,.Fa. �4;;. z x'SE 1filLt�:Sf__,:r4>€_ -:r.- sn .r_... , .;-''':`e� -,, '��,._.,��g9 -”..: '-`, ,y'-' y:-,,. .t.,c. , z �,-,",� ./' -. "Mo-! 1:"<1F,^,1.�*.�.. -- t,.-li .. Ua 70 - t ",,!',!--,',1'1,-.'-` E-169tth-St- 9 • -R=14 # iil STY���, Legend Parcel 1423700931 cmparce11423700931 R-1 Residential 1du/acre 1'4'N� Zoning 2008 R-10 Residential lOdu/acre Zoning Map Zoning Designations R-14 Residential 14du/acre De artment of Communi `;T"CA Commercial Arterial R-4 Residential 4du/acre • p `y SCD Commercial Downtown R-8 Residential 8du/acre &Economic Development mil CN Commercial Neighborhood 3 RC Resource Conservation Alex Pietsch,Administrator CO` Commercial Office RM-T Residential Multi Famly Traditional Adriana Johnson,Planning Technician Eta COR Commercial Office Residential::. RML Residential Multi Family Urban June 10,2008 N CV Center Village RMF Residential Muni Family 0 50 100 200 Produced by City of Renton(c)2005 the City of EinIH Heavy Industrial RMH Residential Manufactured Homes Feet Renton rights reserved No:+arranbes of any sort. IL Light Industrial UC-N 1 Urban Center North 1 C loth di ng but not limited d to accuracy ittness or 9 merchantability axompany this product -. IM Medium Industrial UC-N2 Urban Center North 2 1:2,400 In: File Name-H.iEDNSF'GIS projects\vicinty_maps\nxds\ parcel_l 423700931_ronin g-rrixd ice. _ "- ''>.= ',i, ' ....�SE166thPl vs yam_ , _J fir . ' \ ^_ ; =_ SE 157th St.: fir; . ,/ • ' :" \ 4 ..k,g . . , :-:„� ,W 5E - :';t r ,.'.-F''.;"r,' „,: .,,.„._...-,:,, ' ':f t! RyO -0-','''' . . ..\\\ .:.'-e''' ON' SE-1-69th-St'-:. -� -A cn4'- .' R-14 ' FFFFPk'- i €_i .,' 0 Parcel 1423700941 A�NTo, Zoning Map Department of Community &Economic Development Legend Alex Pietsch,Administrator ®Parcel 1423700941 ID Adrian Johnson,Planning Technician June 10,2008 N Produced by City of Renton(c)2008,the 0119 of 0 50 100 200 Penton all rights reserved.No warranties of any sort, Feet nducing out not limiiec to accuracy fitness or File Name H-\EDNSP\GIS_proiectsivicinty_map s`.mxds\ merchantability,ac,ornpany this product parcel_142370,0941_zonind mzd 1:2,400 • Q HQ 'r-t_ t H J `, / -,,t =SE 166t1i,'Pl: lit______) ; - . SE 167th=St ♦♦ ` // S' SE1bth_S_ •O * sF.!:„o sr j, 9th St 5E 16 �g• •...,,,,,_: -R:140 '-# CAGY o. Legend Parcel 1423700922 `� + ®Parcel 1423700922 R-1 Residential 1du/acre $ ET Renton Parcels R-10 Residential 10du/acre Zoning M a p -'NT0 Zoning 2008 R-14 Residential 14du/acre Zoning Designations -R-4 Residential 4du/acre Department of Community ,,,„,1 CA Commercial Arterial R-8 Residential 8du/acre &Economic Development 1=3 CD Commercial Downtown r -RC Resource Conservation Alex Pietsch,Administrator 0 CN Commercial Neighborhood ®RMT Residential Multi Family Traditional Adriana Johnson,Planning Technician .CO Commercial Office RM-U Residential Multi Family Urban June 10,2!108 N COR Commercial Office Residential RMF Residential Multi Family 0 50 100 200 Produced by Cdy of Renton tc;2008,the City of (l CV Center Vtlage RMH Residential Manufactured Homes MINIMM=IFeet -1- Re nton all rights reserved Na warranties of any sod, including but not Inm:ed to accuracy fitness or ME IH Heavy Industrial Ca UG-N1 Urban Center North 1 rnemhantabihly.aC_ompan;this pr._.ed IL Light Industrial UC-N2 Urban Center North 2 1:2,400 IM Medium Industrial File Name H-lEDNSP\GIS oroleclsecinity maps\mxds', parcel_142370c922_zoning 1550 I CITY OF RENTON COUNCIL AGENDA BILL AI#: f7 •Submitting Data: For Agenda of: Dept/Div/Board... CED/Planning July 7, 2008 Staff Contact Angie Mathias (x6576) Agenda Status Consent X Subject: Public Hearing... Liberty Annexation Proposed Annexation Effectuation Correspondence... Ordinance X Resolution Old Business Exhibits: New Business • Issue Paper Study Sessions • Boundary Review Board Closing Letter Information • Annexation Map • Ordinance Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other ',Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The Council held a public hearing on the proposed annexation on January 28, 2008, and accepted a 60% Notice of Intent Petition to initiate annexation of approximately 193 acres located in the East Renton Plateau. The Boundary Review Board held a public hearing on the annexation on March 13, 2008. The City received the closing letter from the Boundary Review Board for King County on June 2, 2008, with an effective approval date of June 30, 2008. The two required hearings to consider zoning were held on November 6, 2006, and December 11, 2006, as part of the pre-zoning process for the East Renton Plateau. The pre-zoning was approved by City Council action for the East Renton Plateau on December 10, 2007. The area is pre-zoned for Residential 4 (R-4). The annexation effectuation ordinance is presented for first and second reading. Staff is requesting first and second reading of the ordinance in order to meet the August 15th State OFM deadline for revised population thresholds triggering increased revenue. The Boundary Review Board appeal period concluded on June 30, 2008; however the City Council is not scheduled to meet on that date to consider first reading of the ordinance. First and second reading will need to be accomplished on July 07th, the ordinance will need to be published, and the annexation census completed and reported to OFM by the deadline. If the City does not meet the August 15th deadline, receipt of State revenue will be delayed by one fiscal quarter. H:PAA/annexations/Liberty Final Agenda Bill 0 STAFF RECOMMENDATION: Adopt the ordinance effectuating the annexation of the Liberty Annexation area by forwarding the ordinance for first and second reading. 1 III 1 • H:PAA/annexations/Liberty Final Agenda Bill (0- O DEPARTMENT OF COMMUNITY AND • c ® , ECONOMIC DEVELOPMENT skiv4— MEMORANDUM DATE: June 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayo%f�''��g.)[Pc FROM: Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind, Long Range Planning Manager(x6588) SUBJECT: Liberty Annexation Effectuation ISSUE: • Should the City Council effectuate the Liberty Annexation now that the Boundary Review Board for King County(BRB) has completed their review and issued their closing letter? • RECOMMENDATION: The Administration recommends that Council: • Adopt an ordinance effectuating the annexation of the approximately 193-acres located in the East Renton Plateau. BACKGROUND SUMMARY: On January 28, 2008, the City Council accepted the 60%Notice of Intent Petition and authorized the administration to prepare a Notice of Intent package to the Boundary Review Board for King County (BRB). The proposed Liberty Annexation is approved by the BRB and the City received the BRB's closing letter on June 2, 2008, with an effective approval date of June 30, 2008. The City has held the two required public hearings on zoning on November 6 and December 11, 2006. Pre-zoning was approved in December 2006. Approved pre-zoning for this area is Residential 4 dwelling units per acre. The annexation proposal is now before the City Council for effectuation. As the pre- zoning is in place, an additional public hearing is unnecessary. The Residential- 4 zoning will become effective upon the effective date of annexation. 111 h:\ednsp\paa\annexations\liberty\final issue paper.doc Marcie Palmer,Council President June 20,2008 Page 2 of 2 • The annexation area is within the Water District 90 service area, and is in the City of Renton sewer service area. Fire suppression services are currently provided by Fire District 25 under contract to the City of Renton. The King County Sheriff's Office provides police services. Upon annexation, Renton will take over police services. Fiscally, the proposed annexation is estimated to have a positive fiscal impact for the City of approximately $33,261 a year in 2007 dollars. A one-time parks acquisition and development cost attributable to this annexation would be $287,279, primarily for neighborhood parks to serve the area. The proposed annexation complies with most relevant City annexation policies as well as the objectives of the BRB. CONCLUSION: City staff has reviewed this annexation and voiced no objections or indicated major obstacles to providing services to it. The annexation has reasonable boundaries and the BRB determined that it complies with relevant BRB objectives. Since the annexation site is within Renton's Potential Annexation Area and no impediments to the provisions of City services have been identified, the proposed annexation would appear to be in the City's general welfare and interest. Staff concludes that the proposed Liberty Annexation would further the City's business goals, be consistent with its Comprehensive Plan, and be in the general welfare and interest of the City. • • h:\ednsp\paa\annexations\liberty\final issue paper.doc Washington State Boundary Review Board For King County • • Yesler Building, Room 492. 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296-6800 • Fax: (206)296-6803 • http://www.metrokc.•ov/annexations RECEh'• kcr'u: D May 30, 2008 JUN 0 2 2008 City of Renton Economic Development, Neighborhoods &Strategic Planning City of Renton Attn: Rebecca Lind, Long Range Planning Manager 1055 South Grady Way Renton, WA 98057 RE: CLOSING LETTER FOR RESOLUTION AND HEARING DECISION - File No. 2274 - City of Renton - Liberty Area Annexation Dear Ms. Lind: We are writing to advise you that the Washington State Boundary Review Board for King • County has now completed the Resolution and Hearing Decision, as specified in RCW 36.93, to approve the above referenced proposed action filed with the Board effective: May 29, 2008. The Resolution and Hearing Decision for this action is enclosed for filing as prescribed by RCW 36.93.160(4). An appeal period to Superior Court has been established, as mandated by RCW 36.93.160. The appeal period to Superior Court will close on: June 30, 2008 . In order to finalize the proposed action, the applicant must address the following requirements, where applicable: 1. Compliance with the statutory requirements and procedures specified in the Notice of Intention; 2. Sewer and Water district actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 3. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 4. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. • I 1 1 • Page two continued, May 30, 2008 Form HE8 5. Notification to King County Office of Regional Policy and Planning, in writing, of your intended effective date of this action. This notification should be provided as early as possible. Please send this information to Gwen Clemens, Office of Management and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of your final resolution or ordinance accomplishing this action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Ms Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206.296.6800. Sincerely, 444...4.44) , f" ii" • 1 Lenora Blauman Executive Secretary Attachment: Resolution and Hearing Decision dated May 29, 2008 cc: Ms. Anne Noris, Clerk of Council Ms. Debra Clark, King County Department of Assessments Ms. Lydia Reynolds-Jones, Manager, Project Support Services Mr. Dave Wilson, Elections Division Mr. Paul Reitenbach, Department of Development & Environmental Services Ms. Gwen Clemens, Office of Management and Budget King County E-911 Program District(s): King County Fire Protection District No. 25, Eastside Fire and Rescue, King County Water District No. 90, Renton School District No. 403 and Issaquah School District No. 411 ID „,: _ , , , i . 14 1 u-b - -7_,---49454t” ( t '`' : 1 1 ' mama aa �•� �... j 5�� tli a�nw dtRwmrMi � --- --•---- i - — a_�ta.�lp{ i ()'))/k \,��` ,+..�.'.f.,��/�.r. `.y t.-.��4 I 1_i= L,11,1_,_0. . j i ! ,-•---_"1i. �' I^_y(0,i I ! I •• ��ti% r _ j- - •i SE-134th —1_ 1- e",<.\-‘i T— -g th st- _ ( I I +r—i •i 34th F i _--( -- si i — i, / (7 - 11•l AllR7aS!!IR -_ Yia i'iY43 .,YG se II—a71 ,EEL — J 137 i y ' 1 i i : r 'A' SE 137th Ft '; E 1---141 -S 3 th PI Ii i ' F.\Y^\ i-'S _. f't - SE 13th P1 -- ic -� i— w — ,________________________SE� ,l Wi co !S ,.:..."-_,;,------ . I I -..f j4- �ltit St�... aT SE 141st-PI a .---- - . ti 142nd St --- -----— 1y' 1 SE' ;a • i_ I .1_____ ' ( � SE 14 d t —' ---�-^--...., e �ri:rrrmr$ascce4i • u w s $AAaxxt: a�ary aa..y ""�..-•. - Ir vim_. -_'---- — _ IJ LI • r —j S 14g ,,,../.- i c • = 1- I:::} �_ 'S�O tt St___1_,r-,__ 1 r"S V' �- � j I tili4i3.9aj -' -`- i I Legend Liberty Annexation Area ti` Y o� Department of Community ii_.A_r City Limits & Economic Development IA.•..J Liberty Annexation Boundary 1'' rpt Alex Pietsch,Administrator ; Parcels Adriana Johnson,Planning Technician April 8,2008 N 1_a.a.i Urban Growth Boundary 0 500 1,000 Feet Produced by City of Flentnn(c)2008.the City of Renton all rights reserved No warranties of on,sort Flo Name 1:8,000 including but not limited to accuracy.fitness or -;it.;:i-';1. 01oie ts,, u1l ?nnexbrxds •;hunfvhilitv. accompany this product '•f^.e;:1'1_3.1,-,-- d • .4 d • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (LIBERTY ANNEXATION; FILE NO. A-07-002) WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about May 10, 2007; and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to • accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, as part of the East Renton Plateau pre-zoning, the area was considered as file number LUA 06-152 and the City Council held public hearings regarding the pre-zoning of the area on November 6, 2006 and December 11, 2006; and WHEREAS, pre-zoning was determined to be Residential Four Dwelling Units Per Acre (R-4) for the entire area included in the annexation boundary and adopted by Ordinance number 5254; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about, November 26, 2007, and determined that • 1 ORDINANCE NO. • the signatures represent a majority of the annexation area's assessed value (excluding streets), as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of the property to the City of Renton; and WHEREAS, the City Council fixed January 28, 2008 as the time and place for a public hearing regarding the proposed annexation to be held in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with • the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of May 12, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property • 2 • ORDINANCE NO. being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) days after publication of this Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [The properties, approximately 193-acres, are generally located east of 152nd Avenue Southeast, if extended, and south of Southeast 136th Street, with approximately 27 acres north of Southeast 136th Street.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. • Denis Law, Mayor 3 t� ORDINANCE NO. • Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1485:6/12/08:scr • • 4 CITY OF RENTON COUNCIL AGENDA BILL AI#: i A , • Submitting Data: Fire &Emergency Services For Agenda of: Dept/Div/Board.. Fire Depaitinent Administration July 7, 2008 Staff Contact Robert Van Horne x7022 Agenda Status Consent X Subject: Public Hearing.. King County Basic Life Support (BLS) Contract Correspondence.. January 1 —December 31, 2008 Ordinance Resolution X Old Business Exhibits: New Business King County Contract#D38180D Study Sessions Resolution Information 2008 BLS Funding Allocation and Attachments Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other....HR&RM X Fiscal Impact: ilFExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $805,254.00 Total Project Budget City Share Total Project SUMMARY OF ACTION: The attached King County Basic Life Support(BLS) Contract for Services from Seattle-King County Department of Public Health EMS provides a subsidy for City of Renton EMS services. This one-year contract is effective from January 1, 2008 to December 31, 2008. The annual amount of$805,254.00 is based on the 2008 BLS funding formula(calculations include unincorporated ratios, assessed valuation (AV) amounts, and call volume amounts). Payment to Renton is our annual entitlement of the 2008-2013 King County Levy funded from Real Property Taxes. The City budgeted revenue for 2008 at $801,932.00. STAFF RECOMMENDATION: Approve the Resolution authorizing the Mayor and City Clerk to execute the King County Basic Life Support Services Contract. 111111 Rentonnet/agnbill/ bh King County Contract No. D38180D Federal Taxpayer ID No. 9/--(j/ JJ 7J • • This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION — 2008 Department Seattle-King County Dept. of Public Health (a.k.a. Division Public Health —Seattle & King County)/EMS Contractor City of Renton Fire & Emergency Services Dept. Project Title Basic Life Support Services Contract Amount $ $805,254.00- Eight Hundred Five Thousand Two Hundred Fifty Four Dollars and Zero Cents Contract Period Start date: 01/01/2008 End date: 12/31/2008 THIS CONTRACT is entered into by KING COUNTY (the County"), and City of Renton Fire Department (the "Contractor"), whose address is 1055 South Grady Way, 6th FI, Renton, WA 98057. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES OTHER: Real Property Taxes- $805,254.00 1/1/08 to 12/31/08 Current and • WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2008 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: • Exhibit A: Scope of Work • Exhibit B: Budget • Exhibit C: Invoice • Exhibit D: Mission, Method, and Expectations • Exhibit E: Certificate of Insurance and Additional Insured Endorsement II. Term and Termination A. This Contract shall commence on 01/01/2008, and shall terminate on 12/31/2008, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty days advance written notice of the termination. C. The Countymayterminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required • SKCDPH-Agency BP:1 of 13 pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E. The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. • III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit C that complies with the budget in Exhibit B. The Contractor may bill up to the full amount of the Contract at any time during the year if it can certify and document that its total expenditures have equaled or exceeded the full amount of the Contract. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. • SKCDPH-Agency BP:2 of 13 E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. • 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies • that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves • federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. SKCDPH-Agency BP:3 of 13 C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) 0 Chapter 40.14. D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with ROW Chapter 42_1-7'.%,9A H. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA) 11111 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by law. 2. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C. 3. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known • to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract. 4. The Contractor agrees to report to King County Public Health Compliance Office any use or disclosure of protected health information not allowed under this Contract, or security incident, within two (2) days of the Contractor's knowledge of such event. 5. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 6. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. SKCDPH-Agency BP:4 of 13 7. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § • 164-526. 8. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. 9. The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR 164 § 528. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination-of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from King County, or created or received by the Contractor on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the • conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. VIII. Audits A. If the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of $500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VIII.C. B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a `Management Letter"or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIIIA. C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit • to the County a copy of its annual report of examination/audit, conducted by the Washington State SKCDPH-Agency BP:5 of 13 Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIIIA. D. If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal 110 year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. E. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach: The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County: C. In the event that the Contractor does not respond within the appropriate time with a corrective • action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C., D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X. Dispute Resolution A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute shall be submitted to a dispute board for a non-binding determination. Each party shall timely appoint one member to the dispute board. Those members shall jointly appoint an additional member. Any costs of the dispute board shall be split evenly between the two parties. The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. XI. Hold Harmless and Indemnification • SKCDPH-Agency BP:6 of 13 A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any • purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any 'Nay resulting fvu , +ahe negligent acts or omissions of+ahC Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs • shall be recoverable from the Contractor. D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII. Insurance Requirements A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. • B. Minimum Scope and Limits of Insurance SKCDPH-Agency BP:7 of 13 • By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits • and/or broader coverage. Coverage shall be at least as broad as: 1. Commercial General Liability: Insurance Services Office form number (CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY. Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 11111 Minimum Limit: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Minimum Limit: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Minimum Limit: $1,000,000 C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) 111 SKCDPH-Agency BP:8 of 13 a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its equivalent) b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self- insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. c. The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. b. Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made"form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made'' form to an "occurrence" coverage form. E. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of • Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. G. Municipal or State Contractor Provisions If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor • shall include all subcontractors as insureds under its policies or shall require separate certificates SKCDPH-Agency BP:9 of 13 of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. (II All Coverages and Requirements Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision • contained within this Contract. XIII. Assignment/Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term -subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections III.D, IV, V, VI, VII, VIII, XI, XII, XIV, XV, and XXI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV. Nondiscrimination The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XV. Nondiscrimination in Subcontracting Practices A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for M/WBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. SKCDPH-Agency BP:10 of 13 C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of MNVBEs and • other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upon request. If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents. D. King County encourages the Contractor to utilize small businesses, including Minority-owned and Women-owned Business Enterprises ("MNVBEs") in County contracts. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified MNVBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law. XVI. Conflict of Interest A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county • official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVII. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The County will provide property tags so Contractor can mark property. The Contractor shall admit • County staff to the Contractor's premises for the purpose of confirming property has been marked SKCDPH-Agency BP:11 of 13 with County property tags. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XVIII. Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XIX. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production • of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXI. Future Support The County makes no commitment to support the services contracted.for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXII. Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIII. Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV.Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. • SKCDPH-Agency BP:12 of 13 XXV. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between anycontained in any of the language e g g exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties.affirmatively agree in writing to the contrary. XXVI.Applicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY City of Renton ervict� FOR King County Executive Signature Date NAME (Please type or print) Date • Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract# D38180D - Basic Life Support Services • SKCDPH-Agency BP:13 of 13 Contract# D38180D Exhibit A—SCOPE OF WORK 1111 KING COUNTY EMERGENCY MEDICAL SERVICES Basic Life Support Standards Agencies shall comply with the following standards in order to be eligible for basic life support services funding from King County. Failure to comply with the standards adopted by King County pursuant to Chapter 2.26 of the King County Code or by the County Medical Program Director pursuant to Chapter 18.73 RCW, shall be sufficient grounds for notification, remediation, and possible termination of funding. Review and modifications of BLS standards may be conducted on an annual basis. Proposed changes will be submitted to the Emergency Medical Services Advisory Committee and local provider agencies for advisory comment prior to implementation. I. Personnel: All emergency medical services personnel supported directly by King County funds must be certified as Emergency Medical Technicians ad defined by RCW 18.73. Basic EMT training standards have been established by King County Emergency Medical Services. 11. Continuing Medical Education: EMTs will remain certified as required by WAC 246-976. Continuing Education and proficiency standards will be set by King County Emergency Medical Services and the Medical Program Director. 411 Agencies must report completion of education and skill proficiency updates to King County Emergency Medical Services in an agree upon summary format. 1Vledical Standards: Each agency providing emergency medical services shall adhere to standards of medical care for the triage, treatment and transport of patient as authorized by the Medical Program Director pursuant to RCW.18.73 and 18.71, and Chapter 2.26 of the King County Code. Standards of medical care are delineated in the King County EMS training curriculum approved by the Washington State Department of Health, "Patient Care Guidelines for Basic Life Support", and in the 1996, 1997, 1998, 1999. and 2000 Competency Based Training (CBT) modules. Additional CBT modules will continue to be issued annually. CBT Modules may also be offered by the EMS Division electronically via Internet access. a. Scope of Practice: Evaluation and treatment activities by EMTs from provider agencies not described in the standards of medical care are deemed outside the scope of practice. Changes or additions to this scope of practice will be issued periodically by the Medical Program Director. b. Record Keeping and Record Submission: The Medical Incident Report Form (M1RF) must be completed as soon as possible following an incident. These reports should them be submitted to King County Emergency Medical Services, either electronically or by mail, within 30 days from the date the incident occurred. Agencies will be responsible for retention of copies of the • reports. Contract# D38180D • c. Transportation Policy: Each provider will be responsible for developing a policy for the transport of patients from the incident scene to the treatment scene. Such policy should provide for transportation based upon determinants of transport need, including medical necessity, mitigating circumstances, and provider budget. The decision to transport a patient seen by BLS personnel will be determined by the patient's medical condition as described in the Basic EMT core curriculum and any mitigating circumstances. The mode of transport will be consistent with the patient's medical condition and provide humane. efficient and expedient care. Transport destinations should be consistent with the State Trauma System Activation Guidelines. d. King County Medical Quality Assurance/Quality Improvement Programs: Each BLS provider will agree to participate in a King County Medical Quality Assurance/Quality Improvement program. This program will be developed by King County EMS Division, with the assistance of the EMS Advisory Committee and BLS providers. Elements of this program include: I) run review by clerical and provider personnel to ensure completeness, 2) run review by a reviewer (local paramedic or personnel from within the organization for medical appropriateness and compliance with King County Emergency Medical Services standards. 3) case follow up and discussion conducted by the run review personnel, and 4) paramedic involvement in CBT • Training. e. Patient Confidentiality: Information concerning the evaluation and treatment of a patient by BLS personnel in the performance of their duties is to be handled as confidential material, including patient name, medical history, incident location, or any other confidential information. Confidential medical information may not be released unless the patient or his/her court- appointed representative completes and signs an Authorization for Release of Information form. IV. Equipment a. All vehicles used to deliver emergency medical services must meet vehicle standards as established by the Washington State Department of Health pursuant to RCW 18.73, unless waived by the State Department of Health Office of EMS Trauma Prevention Licensing. b. Medical equipment used by personnel supported funds must meet appropriate federal or state standards or county protocols. V. Mutual Aid Agreements: Each public agency providing basic life support services shall have written mutual aid agreement or similar arrangements is effect. VI. Proposed Research and Evaluation Activities: Any proposed clinical research • or evaluation activities involving personnel, equipment or data supported directly or indirectly by King County funds must receive prior review and written 2 Contract# D 38180D approval by the Medical Program Director and the King County Emergency Medical Services Division Manager and must be in compliance with State, • County and local regulations and laws. VII. Performance Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force, the EMS Division—with the assistance of the EMS Advisory Committee and the Financial Staff Team —shall develop mechanisms for improved performance oversight by the EMS system and elected officials. Performance indicators will be established and reviewed by King County EMS and reported by the EMS Division to each BLS agency and in public presentations. Mitigation activities will be initiated with local providers if needed. Reports will be distributed to provider agencies on a regular basis. Standards for each provider will be monitored in the following major areas: total call volume, average response time for code red calls, percent of response times greater than or equal to 4, 6, 8, and 10 minutes, out-of-service times, number of transports and mode of transport. Additional performance indicators may be added, with the assistance of the EMS Advisory Committee and the Financial Staff Team. VIII. Financial Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force, indicators shall be developed which improve financial oversight by the EMS system and elected officials. The EMS Division, in conjunction with the EMS Advisory Committee and the Financial Staff Team, shall develop reporting financial reporting measures that will include, but may not • be limited to: a. Selection, development. and tracking of system costs. b. A standard costing system for reporting dollar expenditures for BLS activities. c. Funding allocation mechanism. i Exhibit B - Budget EMEGENCY MEDICAL SERVICES FUNDS Contract# D38180D n 2008 PROPOSED BUDGET-BASIC LIFE SUPPORT SERVICES Agency Name: a 2 1� ,1 I— i re_ Dp �'-yvt.e.tt"� Contact Person: tgc>il \t.0/t C eA i44 r1_ 4-kf5OnTitle: 6 c; Address: ISIDra .-,r( Av SL.f e.L ,�` Phone: /4 S_ 30' '7/0r BUDGET CATEGORY Amount Requested for BLS Salaries&Benefits: EMT salaries 7 70(v, � Other Salaries ' Overtime � S I �1 Subtotal Salaries: i 3� Subtotal Employee Benefits: C)°<3 Subtotal Employee Salaries& Benefits: $ ,®! 9-;1-l I _ CZ 6'0 c 20+) _ j\ Other Costs: J Medical Supplies& Equipment 7/ '74/0 Office&Computer Supplies& Equipment I bpi '-3 Uniforms, Fire&Safety Supplies Dispatch ;c qt,0 Communications Vehicle Maintenance•��i� Facility Costs c� Training I 7/ O it) Misc. • Subtotal Other Costs: $ �5: - 471 Total Operational Costs $ �l 445 /2230 _ Capital Costs Subtotal Capital Costs Subtotal Operational& Capital s Reserves(saved or used): GRAND TOTAL: :ate/� if tto.J G3t%1 Prture ////// / Pe,( rYN Cc)t,v <rso �u� `JI �lalrl<._ ?eicOs-es-,-, C_>'CI aNyt au O�oeS 223,1 I i vl L4.0 - • • CITY OF RENTON, WASHINGTON • RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH KING COUNTY REGARDING FUNDING FOR BASIC LIFE SUPPORT SERVICES FOR THE RENTON FIRE & EMERGENCY SERVICES DEPARTMENT. WHEREAS, the funding provided under this contract is intended for basic life support services; 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 a contract with King County entitled King County Contract for Services with Other Government, 411 Institution, or Jurisdiction — 2008, King County Contract No. D38180D, for basic life support services. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 11111 1 RESOLUTION NO. • Approved as to form: Lawrence J. Warren, City Attorney RES.1351:6/12/08:scr • • 2 , 2008 BLS Funding Allocation Agency 2008 Amount 2007 Amount % Difference • Bellevue $1,880,258 $1,208,884 55.54% Black Diamond Fire Department $70,413 $50,087 40.58% Bothell $320,359 $201,298 59.15% Eastside Fire $1,313,186 $949,850 38.25% Enumclaw $282,663 $230,549 22.60% Kent $1,196,673 $775,056 54.40% Kirkland $793,023 $512,252 54.81% Mercer I. $376,175 $244,629 53.77% Redmond $863,380 $574,375 50.32% Renton $805,254 $514,465 56.52% SeaTac $338,636 $221,407 52.95% Snoqualmie Fire $84,677 $53,702 57.68% South King Fire & Rescue $1,200,765 $787,067 52.56% Tukwila $358,505 $231,283 55.01% Valley Regional Fire Authority $616,152 $408,093 50.98% FD 2 $372,485 $239,292 55.66% FD 4 - Shoreline $585,623 $380,055 54.09% FD 11 $403,766 $280,748 43.82% FD 13 - Vashon $178,551 $129,619 37.75% FD 16 - Northshore $321,869 $211,146 52.44% FD 20 $166,630 $112,317 48.36% FD 27 $93,248 $69,238 34.68% FD 36 - Woodinville $477,339 $324,180 47.25% • FD 40 $304,361 $210,667 44.48% FD 43 - Maple Valley $402,249 $304,293 32.19% FD 44 $322,013 $252,271 27.65% FD 45 - Duvall $147,291 $110,372 33.45% FD 47 $22,876 $19,210 19.08% FD 49 (51) - Snoqualmie Pass $24,812 $18,850 31.63% FD 50 - Skykomish $42,660 $33,221 28.41%, Sub-Total $14,365,893 $9,658,476 48.74% Milton $22,861 $14,889 53.54% Pierce County $1,500 $1,500 0.00% Total Allocation $14,390,254 $9,674,865 48.74% III BLS Agency 2007 Assessed Valuation (AV) Ranking • Agency 2007 AV 2006 AV % Difference Bellevue Fire Department $34,228,726,285 $30,881,060,448 10.84% Eastside Fire& Life Safety $19,780,101,383 $17,934,522,236 10.29% Redmond Fire Department $15,445,726,799 $14,091,761,933 9.61% Kent Fire& Life Safety $14,845,812,146 $13,143,326,570 12.95% Kirkland Fire Department $13,310,899,569 $11,941,645,086 11.47% South King Fire& Rescue $13,061,045,828 $11,859,253,588 10.13% Renton Fire Department $9,516,351,849 $8,436,816,956 12.80% Mercer Island Fire Department $7,860,712,146 $7,080,679,304 11.02% Woodinville Fire& Life Safety $7,676,976,701 $7,016,213,757 9.42% Shoreline Fire Department $6,591,141,042 $6,036,667,538 9.19% Valley Regional Fire Authority* $5,901,297,749 $5,396,869,779 9.35% Fire District#16 - Northshore $4,695,618,921 $4,341,786,929 8.15% Fire District#2 $4,598,869,670 $4,253,134,711 8.13% Fire District#43 - Maple Valley $4,276,576,052 $4,245,033,797 0.74% SeaTac Fire Department $4,113,740,868 $3,624,910,720 13.49% Tukwila Fire Department $3,947,933,512 $3,614,079,453 9.24% Fire District#44 - Mountain View $2,794,466,053 $2,502,626,403 11.66% Fire District#40 -Spring Glen $3,452,054,669 $2,998,430,750 15.13% Bothell Fire Department $2,860,802,749 $2,502,626,403 14.31% Fire District#11 - North Highline $2,378,362,351 $2,189,235,639 8.64% Fire District#13 -Vashon/Maury $2,181,243,521 $2,017,733,687 8.10% Enumclaw Fire Department $1,858,813,088 $1,716,298,514 8.30% Fire District#45 - Duvall $1,604,253,611 $1,467,334,852 9.33% Snoqualmie Fire Department $1,483,988,285 $1,262,839,045 17.51% Fire District#20 -Skyway/Bryn Mawr/Lakeridge $1,391,355,188 $1,235,958,820 12.57% Fire District#27- Fall City $1,001,952,916 $878,468,831 14.06% • Black Diamond Fire Department $692,021,485 $585,487,185 18.20% Fire District#47 Palmer/Selleck $176,828,477 $163,476,703 8.17% Fire District#50-Skykomish $130,523,827 $114,936,361 13.56% Fire District#51 -Snoqualmie Pass $66,387,846 $62,254,188 6.64% Sub-Total $191,924,584,586 $173,595,470,186 10.56% Milton $76,202,786 $67,740,862 12.49% Seattle $106,208,487,451 $95,706,633,290 10.97% Total $298,209,274,823 $269,369,844,338 10.71% '2006 values derived from Auburn+Pacific BLS Agency 2006 Call Volumes Agency 2006 2005 % Change Bellevue 10,753 9,856 9.10% • Black Diamond 506 249 103.21% Bothell 3,589 3,100 15.77% Eastside Fire ' 5,161 5,693 -9.34% Enumclaw 1,253 1,333 -6.00% Kent 10,238 9,918 3.23% Kirkland 5,023 4,812 4.38% Mercer I. 1,502 1,495 ` 0.47% Redmond 4,256 4,118 3.35% Renton 7,440 7,225 2.98% SeaTac 2,854 3,057 -6.64% South King Fire & Rescue 10,835 10,944 -1.00% Snoqualmie Fire 546 510 7.06% Tukwila 3,368 3,236 4.08% Valley Regional Fire Authority* 5799 6,011 -3.53% FD 2 3,282 3,230 1.61% FD 4 - Shoreline 5,331 4,965 7.37% FD 11-Highline 4,011 3,941 1.78% FD 13 - Vashon 948 981 -3.36% FD 16 - Northshore 2,271 2,350 -3.36% FD 20 1,592 1 ,458 9.19% 0 FD 27 501 461 8.68% FD 36 - Woodinville 2,522 2,565 -1.68% FD 40 2,195 1 ,879 16.82% FD 43 - Maple Valley 1,945 1 ,986 -2.06% FD 44 1,516 1,611 -5.90% FD 45 - Duvall 737 635 16.06% FD 47 64 68 -5.88% FD 49 (51) - Snoqualmie Pass 220 134 64.18% FD 50 - Skykomish 335 256 30.86% Total 100,593 98,077 2.57% *2005 values derived from Auburn + Pacific III r CITY OF RENTON COUNCIL AGENDA BILL 0 Submitting Data: For Agenda of: July 7, 2008 Dept/Div/Board.. Police Staff Contact Floyd Eldridge Ext. 7506 Agenda Status Consent Subject: Public Hearing.. 2008 Edward Byrne Memorial Justice Assistance Grant Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Copy of 2008 Edward Byrne Memorial Justice Study Sessions Assistance Grant Infoiniation X Recommended Action: Approvals: Information only Legal Dept Finance Dept Other Fiscal Impact: iii Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The City of Renton is applying for the Edward Byrne Memorial Justice Assistance Grant through the Department of Justice, in the amount of$12,189. This grant will continue to fund the City's Domestic Violence Victim Advocate program. Requirement for the application requires that the application be made available to the Council and the public for review and comments for 30 days. Copies of the grant are available at the City Clerk's office and on the City's website. STAFF RECOMMENDATION: Information only, comments welcome. III Rentonnet/agnbill/ bh Page 1 of 2 • APPLICATION FOR 2. DATE SUBMITTED ' Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier Application Non-Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit City of Renton Police Department I Address Name and telephone number of the person to be contacted on matters l So. Grady Way involving this application R n, Washington 98057-3232 Harris, Tina (425) 430-6654 16. EMPLOYER IDENTIFICATION NUMBER(EIN) 7. TYPE OF APPLICANT 91-6001282 Municipal 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE Domestic Violence Victim Advocacy TITLE: GRANT PROGRAM Program 12. AREAS AFFECTED BY PROJECT City of Renton, Washington, King County. Serving all citizen's within the Renton city limits. 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date: October 01, 2007 ate: September 30, 2011 a. Applicant b. Project WA08 WA09 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO I REVIEW BY STATE EXECUTIVE https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 6/27/2008 Page 2 of 2 • Federal $12,189 ORDER 12372 PROCESS? Applicant $0 Program is not covered by E.O. 12372 State $0 Local $0 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $12,189 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHE ASSURANCES IF THE ASSISTANCE IS REQUIRED. I Close Window • https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 6/27/2008 Program Narrative (Attachment 1 ) This is the fifth year for the Domestic Violence Program within the Renton Police Department. This program is vital for the victims by discussing victim safety, court processes, education, awareness, and resources with other legal and community based organizations. In March 2008 the City of Renton annexed 17,000 residences, because of this annexation our program will be in need of additional assistance for victim services. The pror am uses the supplies offered by this grant to assist in the daily functions of the domestic violence victim advocate. d ocate. These funds are used to purchase brochures, videos, books, promotional items, handouts, and other items identified by the domestic violence victim advocate for the prevention and education on this topic. Along with prevention and education comes training. Training is one of the major functions in creating change within a department and community. Renton Police Department has conducted training sessions for the patrol officers, detectives, and other staff on the concerns that surround domestic violence. The department has also co-sponsored trainings with Violence Against Woman's Act (VAWA), • Domestic Violence Abuse Network (DAWN), Consejo (Spanish program) local domestic violence task forces, community businesses, and service agencies. We also have sent the advocate, detectives, patrol officers, sergeants, or management to the National Domestic Violence Conference. We use a team approach so we can support and strengthen the program and one another's roles in the department. We also gain updated information on legal issues and different ways other departments deal with domestic violence in their agencies. One of the most important functions of this grant is to provide money for direct victim services. These services are vitally important for the victim(s) and children when they are leaving an abusive situation. These services are important until temporary or long-term shelter is found. Gift cards are used for emergency hotel, food, clothing, moving, gas, travel (plane, bus & train), and interpreter services. The program is in need of an updated laptop so that the victims can access and complete the protection orders or search for additional resources on the internet. This laptop has been and will be used in court if needed by the prosecutor. The program has had a steady need for the domestic violence victim advocate and the ongoing services provided by the advocate. We would ask that you continue to fund this program and allow additional funding for domestic violence services. • 1 Budget Narrative $12,189 Award Amount • (Attachment #2) Administrative Cost of approximately 10% = 1 ,219 Approximately ten percent of the administrative cost would be used to oversee this budget. Supplies $470 = 470 Supplies would be used yearly to maintain the needs of the Domestic Violence Victim Advocacy Program. Prevention and Education S1 ,500 = 1 ,500 In an attempt to eliminate domestic violence, prevention and education is extremely important. Prevention and education could include community events, presentations, brochures, give-a-ways, media ads, Renton's Domestic Violence • Task Force, and items or information that will create awareness on the topic of domestic violence and the services that are available. Training $4,000 = 4,000 Training is very important for the continued knowledge and education. This training would be used by the domestic violence victim advocate, detectives, patrol officers, probation staff and the prosecutor. Yearly we send two to three people to the National Domestic Violence Conference. We use a team approach to strengthen the program and build on possible ideas of other agencies. Direct Victim Services S5,000 = 5,000 These services are vitally important for the victim(s) and children when they are leaving an abusive situation. These services are important until temporary or long- term shelter is found. We provide emergency shelter, food, clothing, moving, gas, and travel (plane, bus & train) gift cards. • b Review Narrative On June 26, 2008, the grant information was published on the City of Renton website (www.renton.wa.us) and made accessible to the public to the extent applicable by law or established procedure making an opportunity for community review and or comment. Any amendments or future amendments to this application will also be published on the website and made available for public comment and review as prescribed by law or established procedures. The City of Renton website is readily accessible for review by the general public, the citizens of the City of Renton, neighborhood representatives, and organizational officers. June 27, 2008, the grant application was made available for review in the City of Renton, Clerk's Office. July 1, 2008, the grant application will be reviewed at the Agenda Bill meeting. The comments, concerns, and inquiries of the application and its process by the Mayor, City Council, and the citizens will be addressed, considered, and potentially acted upon at the conclusion of the review period. • • CITY OF RENTON COUNCIL AGENDA BILL / Y AI #: , i • Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Utility Systems July 7, 2008 Staff Contact Abdoul Gafour, x7210 Agenda Status J.D. Wilson, x7295 Consent X Subject: Public Hearing.. Engineering Consultant Agreement with RH2 Correspondence.. Engineering, Inc., for the Design of the Replacement of Ordinance Transformers and Electrical Connections at Water Resolution Facilities Old Business Exhibits: New Business Issue Paper Study Sessions Engineering Consultant Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: ii Expenditure Required... $24,948.00 Transfer/Amendment N/A Amount Budgeted $30,000 (2008 budget for this Revenue Generated N/A contract#425.u55265) Total Project Budget $100,000 (2008 budget) City Share Total Project.. 100% SUMMARY OF ACTION: The Water Utility requests approval of the Engineering Consultant Agreement with RH2 Engineering, Inc., in the amount of$24,948.00, for the design of the replacement of the electrical power transformers at Well 8 arid Mt. Olivet booster pump station and of the emergency power connections at Well 8 and Houser Way booster pump. The Water Utility selected RH2 Engineering, Inc., from the approved 2008 Utility Systems Annual Consultant Roster, to design this project. The Water Utility has budgeted sufficient funds in its 2008 Capital Improvement Program budget to cover the cost of the consultant contract. The total 2008 project budget is $100,000.00. After the completion of this design contract, the Water Utility will be coming back to Council to request the approval of additional funding, if needed, for the construction contract. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement, in the amount of$24,948.00, with RH2 Engineering, Inc., for the design of the replacement of transformers and 0 electrical connections project. H:\File Sys\WTR-Drinking Water Utility\WTR-27 -Water Project Files\WTR-27-3458-Replace Transformers\Design Contract\Agnbill_ReplaceTransformers-Design.doc\JD W-A Gtp Y <C 0, PUBLIC WORKS DEPARTMENT • '.IL MEMORANDUM Nrc DATE: June 26, 2008 TO: Marcie Palmer, Council President Members of the Renton City Counc VIA: Denis Law, Mayor FROM: Gregg Zimmerman! dministrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor ervisor (ext. 7210) J.D. Wilson, Water Utility Engineer(ext. 7295) SUBJECT: Engineering Consultant Agreement with RH2 Engineering, Inc., for the Design of the Replacement of Transformers and Electrical Connections at Water Facilities ISSUE: Should City Council approve an engineering consultant agreement with RH2 • Engineering, Inc., in the amount of$24,948.00, for the design of the replacement of the electrical power transformers at Well 8 and Mt. Olivet booster pump station and of the replacement of the receptacles for emergency power connections at Well 8 and Houser Way booster pump station? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant agreement with RH2 Engineering, Inc., in the amount of$24,948.00, for design of the replacement of the electrical power transformers at Well 8 and Mt. Olivet booster pump station and of the emergency power connections at Well 8 and Houser Way booster pump station. BACKGROUND SUMMARY: During a scheduled maintenance inspection and functional testing of various electrical equipment at City's water facilities, the City of Renton Water Operations staff and our electrical consultant identified the need to replace the power transformers for Well 8 and Mt. Olivet pump station. The old transformers have "hot spots" and bad electrical windings, which causes power overloads. In addition, the City needs to replace the existing single cable connections for emergency power at Well 8 and Houser Way pump station so they are compatible with the multi-phase receptacle from the new portable i emergency power generators purchased in 2007. The Water Utility selected RH2 Engineering, Inc. from the approved 2008 Utility Systems Annual Consultant Roster to perform the design of this project. 1 III 1 Council//RH2 Transformers Contract June 26,2008 Page 2 of 2 The Water Utilityhas budgeted sufficient fundingfor this consultant contract in the 2008 • g Capital Improvement Program budget for emergency response projects, account number 425.018.5950.0034.63.U55265. The total 2008 project budget is $100,000.00. After the completion of this design contract, the Water Utility will be coming back to Council to request the approval of additional funding, if needed, for the construction contract. CONCLUSION: The replacement of the transformers for Well 8 and Mt. Olivet pump station, and for the emergency power connection receptacles at Well 8 and at Houser Way pump station is needed and will allow the City to safely operate these critical water supply and pumping facilities. cc: Lys Hornsby,Utility Systems Director File II • • H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3458-Replace Transformers\Design Contract\revised-Issue-Paper-contract.doc/JDW-AGtp • ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT,made and entered into on this ,day of , 2008, by and between the CITY OF RENTON,WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE"CITY," and RH2 Engineering,Inc. whose address is 12100 NE 195t1i Street, Suite 100,Bothell,WA 98011, at which work will be available for inspection,hereinafter called the "CONSULTANT." PROJECT NAME: Replacelace Transformers and Emergency Power Connections—Design Phase WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers,has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner,and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms,conditions, covenants and performances contained herein below, the parties hereto agree as follows: I . I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work,which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations,guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work,even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations,guidelines, and specifications, including,but not limited to the following: • Replace Generators&Emergency Power Connections—Design Phase 1 WTR-27-3458 1. Washington State Department of Transportation/American Public Works Association(WSDOT/APWA), • "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road,Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation,Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all • cases where they fit design conditions. Renton Design Standards,and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1,and Chapters 3,4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications,and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness,and completeness of the information provided by the City. Should field studies be needed,the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Replace Generators&Emergency Power Connections—Design Phase 2 WTR-27-3458 iv OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents,notes, maps, drawings,photo,photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. • Replace Generators&Emergency Power Connections—Design Phase 3 WTR-27-3458 VI •PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C,Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies,equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours)and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$24,948.00 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost,overhead,and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 190.59 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, . including,but not limited to travel,reproduction, telephone, supplies, and fees of outside consultants. The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 12.00 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. Replace Generators&Emergency Power Connections—Design Phase 4 WTR-27-3458 To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee • interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in 1 writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with I respect to such claims. The Consultant and its subconsultants shall keep available for inspection,by the City, for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City,without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII Ill EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee,gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee,gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part • of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the Consultant. Replace Generators&Emergency Power Connections—Design Phase 5 WTR-27-3458 The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract,any • professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed,color,national origin,marital status,sexual orientation,sex, age or handicap except for a bona fide occupational qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's;rates of pay or other forms of compensation; selection for training;rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. • B. In the event of the death of a member,partner or officer of the Consultant,or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence,desire to terminate this Agreement,payment shall be made as set forth in Subsection C of this section. • Replace Generators&Emergency Power Connections—Design Phase 6 WTR-27-3458 C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant,a IIIfinal payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work,the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. IIIF. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant,or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. IIIThe Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims,demands or suits at law or equity arising in whole or part from the Replace Generators&Emergency Power Connections—Design Phase 7 WTR-27-3458 Consultant's errors, omissions,or negligent acts under this Agreement provided that nothing herein shall require the • Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability,property damage, auto liability,and professional liability coverage in the amount of$1.0 million,with a General Aggregate in the amount of$2.0 million,unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form,and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s)on(CONTRACTOR'S)policy,with that coverage being primary and non-contributory with any other policy(ies)available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not,however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form,and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M.Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project,and a minimum of forty five days'written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s)shall be in a form as approved by • the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify,when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans,specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. • Replace Generators&Emergency Power Connections—Design Phase 8 WTR-27-3458 • XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make,and the parties shall not be bound by or be liable for, any statement,representation,promise, or agreement not set forth herein. No changes,amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment 1 to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties,covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant,and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. • CONSULTANTCITY OF RENTON f` ,zi Sig ure �fDattee Denis Law,Mayor Date 1�.c 1d y I75?Au/It type or print name ATTEST: ,i ��j t c-c., P.A..-5 c 444�i Title Bonnie I. Walton, City Clerk III Replace Generators&Emergency Power Connections—Design Phase 9 WTR-27-3458 EXHIBIT A SCOPE OF WORK INTRODUCTION The City of Renton (City) is replacing the existing primary transformers at both the Mt. Olivet Booster Pump Station and Well No. 8 facilities. The City is also replacing the portable generator receptacles at both the Well No. 8 and Houser Way Pump Station facilities. Advanced Electrical Testing, Inc. (AET) recently prepared a report for the City evaluating the condition and maintenance of the transformers at the City's facilities. The Mt. Olivet transformer contains a hot spot and is recommended for replacement. The Well No. 8 transformer has a probable bad lead or lead-connection point in the windings. Based on the information provided in this report, the City has decided to replace both of these transformers. The existing transformer at Mt. Olivet is 500 KVA. As part of the Emergency Power Generation project completed in the fall of 2007 at Mt. Olivet, a Protection Device Coordination Study (Study) was completed. This Study indicated that the transformer was overloaded when the continuous current was above 600 amps at the facility. The Study recommended that the transformer be upsized. Based on this information and the failing transformer, RH2 recently recommended to the City that a new 750 KVA transformer be installed at Mt. Olivet to replace the existing 500 KVA transformer. The existing transformer at Well No. 8 is 300 KVA. As part of this project,RH2 will evaluate the transformer size at Well No. 8 and provide a recommendation for the proposed transformer size. The Emergency Power Generation project included the addition of a portable generator located at the Mt. Olivet Generator building and modifications to the City's existing portable generator located at the North Talbot Generator building. Both portable generators are equipped with two 400 amp posi-lok connection receptacles connected in parallel. Each of these receptacles contains five individual receptacles for connecting each of the three phases, neutral and ground. The existing receptacles located at Houser Way Pump Station and Well No. 8 are single cable connection receptacles and can not be connected to the City's portable generators. This project will replace the existing single cable receptacles at each of these stations with an outdoor rated enclosure that will include a five cable connection posi-lok receptacle compatible with the City's portable generators. This Scope of Work presents RH2 Engineering's approach to preparing the bid ready documents and providing bidding phase services for the primary transformer upgrades at Mt. Olivet and Well No. 8 and the portable generator receptacle upgrades at Houser Way and Well No. 8. The design effort involves evaluating the primary transformer size,preparing the electrical design plans and details and preparing specifications. The bidding phase services include preparing 30 sets of bid documents, responding to bidders' questions, conducting a pre-bid walkthrough and preparing addenda, if necessary. At the conclusion of this phase, the Scope of Work for services during construction will be prepared at the request of the City. Task 1 Electrical Design Purpose Design the required upgrades to the primary transformers at Mt. Olivet and Well No. 8 and portable generator receptacles at Well No. 8 and Houser Way Pump Station. Sub tasks 1. Verify that a 300 KVA transformer is the correct size transformer to power the existing load at Well No. 8. 2. Design the transformer replacement upgrades at Mt. Olivet and Well No. 8, including details for replacing transformer vaults if necessary, details for connecting and reconnecting conductors and plans for replacing the existing transformers. Replace Generators&Emergency Power Connections—Design Phase 10 WTR-27-3458 • 3. Design the portable generator receptacle replacement upgrades at Well No. 8 and Houser Way Pump Station, including details for connecting the proposed receptacles to the existing transformer switches and details for mounting the proposed receptacles. 4. Conduct a site visit at all three facilities to assist with verifying the transformer size at Well No. 8 and preparing the necessary details. Deliverables 1. Electrical drawings, details and specifications required for construction of the project. The estimated number of Electrical drawing sheets required is four. Task 2 Design Reviews and QA/QC Reviews Purpose Conduct detailed design reviews with City staff at the 95 percent design completion level. Conduct internal QA/QC reviews at appropriate points throughout the design development. Subtasks 1. Conduct a detailed internal QA/QC review and perform inter-disciplinary coordination cross- checks at the 95 percent design level. Perform evaluations of constructability and operability. 2. Provide 95 percent design level drawings and specifications to the City for review. 3. Attend the 95 percent review meeting with City. Deliverables 1. Design drawings for review at the 95 percent design completion level (five hard copy sets plus • one electronic copy of AutoCAD drawing files for City review). Plans shall be on half-size (11" x 17") sheets. 2. All technical specifications for review at the 95 percent design completion level (five sets for City review). Task 3 Develop Construction Schedule Purpose Prepare the construction schedule. Subtasks 1. Prepare a construction schedule for the 95 percent design completion level submittal. Deliverables Construction schedule. Task 4 Prepare Bidding Documents - Construction Drawings Purpose Finalize the drawings to the 100 percent completion level based on comments from City staff on the 95 percent plans and specifications. The plans will then be suitable for public bidding of the construction project. Subtasks • 1. Produce the 100 percent design drawings necessary for the bidding and construction of the project. Incorporate the changes and final edits from the reviews of the 95 percent drawings. The drawings shall be divided into the following disciplines: General,Electrical. Replace Generators&Emergency Power Connections—Design Phase 11 WTR-27-3458 2. Make final edits and back-checks of the 100 percent design drawings following the City's final • review. Deliverables 1. Three half-size (11"x 17") sets of final design drawings for review and final edits. 2. One half-size (11" x 17") proof set of bid drawings (stamped and signed) for final review prior to printing. 3. Thirty half-size (11"x 17") sets of bid drawings (with copies of stamp and signatures. 4. One set of final (100 percent) design drawings and an electronic copy of the AutoCAD drawing files. Drawings shall be full-size (22" x 34") on mylar with stamps and signatures. AutoCAD drawing files will not include any electronic stamps or signatures. All drawings will be produced in AutoCAD Release 2007 unless otherwise directed. Task 5 Prepare Bidding Documents - Specifications Purpose Finalize the specifications to the 100 percent completion level based on comments from City staff and the permitting agencies on the 95 percent plans and specifications. The specifications will then be suitable for public bidding of the construction project. Subtasks 1. Produce the 100 percent technical specifications necessary for the bidding and construction of the project. Incorporate the changes and final edits from the reviews of the 95 percent technical specifications. 2. Work with the City to prepare the appropriate bidding forms for inclusion in the bid documents • package. 3. Prepare the bid schedule and measurement and payment requirements. 4. Finalize the Engineer's Cost Estimate. Format this estimate to follow the bid schedule. 5. Make final edits and back-checks of the 100 percent specifications following the City's final review. Deliverables 1. One final, complete (100 percent) set (one hard copy and one electronic copy) of the technical specifications (Special Provisions), Supplemental Provisions to the Standard Specifications and bid schedules for incorporation into the bidding documents. All specifications will be prepared in Microsoft Word format unless otherwise directed. Task 6 Assistance During Bidding Purpose Assist the City during the project bidding and contracting phase. It is assumed that the City will advertise the bid,print and distribute bid documents and maintain the master planholders list. Subtasks 1. Attend the pre-bid meeting and site visit. 2. Respond to and answer bidders' questions. 3. Prepare up to three addenda to the bid documents, as required. • Replace Generators&Emergency Power Connections—Design Phase 12 WTR-27-3458 • 4. After receipt of bids, evaluate the bids received for responsiveness, check references of qualified bidders, prepare bid tabulation summary sheet and prepare a written recommendation of award to the City. Deliverables 1. One pre-bid meeting (including preparation of a meeting agenda and summary of significant notes or issues resulting from the meeting). 2. One photo-ready set of addenda material (up to three addenda). 3. Letters to the City summarizing the bid evaluations and a recommendation for award (one for construction contract and one for generator purchase). • • Replace Generators&Emergency Power Connections—Design Phase 13 WTR-27-3458 EXHIBIT B • Time Schedule of Completion Tasks 1 -5 Begin: Upon Notice to proceed Complete: 60 calendar days after notice to proceed Task 6 Begin: Dependent of Owner's construction schedule End: At the completion of bidding process. • • Replace Generators&Emergency Power Connections—Design Phase 14 WTR-27-3458 • 0 • • EXHIBIT C-1 City of Renton Replace Transformers and Emergency Power Connections-Design Phase Design Services Estimate of Time and Expense Total Labor I Principal 1 Project ; Project j Staff Engineer i Engineering ; Engr. Senior Planner 1 Word Processor Total Total - ption Descr Manager Engineer 1 1 Tech nician 1 Geologist Hours Expense • ClassifiatiO'n- - 77 7 'Rri1n-cial11X j'117nsifessional V Professional III71 Professional 01 Techniman II 7Professional VI Professional V I Administrative Ill Task 1 Electrical 12.egign. 1 1 Well ea Transformer Size Verification - 7: 1 2 . '' 3 $ 1 • 12 Trans(ormer F122Lqce me nt Design - , 216 . . . - ..,. ... , . 1: ' "27 "1133 1 4 Site Visa . ; 13 Portable Ggnerator Escjiplagi2 16 speeign _ - i - i - ' ,. " 14 !$ 722 $ 4 ..— . . .,. 7 . - 158.$ 657 Subtotal • , 5 38 ; • ; - 1 - • . 43 . $ 1,728 $ 893 Task 2 IDign Reviews and CIALDSReviews i ..- .•. 21 Internal QA/C1C Review _ __ 2 10 5 545 5 124 . 1' . 2 2 Prepare Review Plan Sets - . - 16 5 6229 224 - - 2.3 Review Meehng with City - • 8 $ 356 $ 50 Subtotal 2 8 24 : . • i - - - 34 $ 1,623 .$ 398, i rr sr 1 3 PO reevpeal roep cCoon n,et rt,jr cu tc,ot ino ns cSh co ha au di eu I e ' - ; - 1 ' 2 i - 1 4 $ 157 $ 10 Subtotal - 1 - ., - - 1 4 $ ' 167'$ 10 Task 4 Prepare Bidding Documents•Construction Drawings 1 ' I - 41 Prepare Final-Review Set - 1 - 3 S 120 $ 25 42 Make Final Edits and Back Check After City Final Review - 4 14 - - ''"' . t .. 18 0 745 : I: 4 3 Prepare Old Sets - - 4 - . - 4 .5 1 44 Prepare Final Package for Detivery to CI), - . - 2 ' - 1 • . 2 4 $ 136.s 335 Subtotal - : 5 22 - : - - - 2 '29 $ 1,184" $ 685 Task 5 Prepare Bidding Documents-..Sications • 1 ' . 5 t Technical Specifications 6 13 $ 486 5 65 52 Prepare Bidding Forms - , 2 2 1 5 5. : 207 $ 12 Measurement 3 Prere Bid Schedule and and Payrnen.Laniirements 1 3 '1 1178 510 $ 5 4 Prepare Engineer's Cost Estimate - ; 1 . .. ; . - 4 $ 16 55 Make Final Edits and Back Check After Cay Final Review 1 2 5 S 188 $ 22 Subtotal • ! 7 13 ' . . - , - - 10 30 ;5 1,148 $ 108: • Task 6 Assistance During Bidding ' . , ,. .., I - 6 1 Attend Pre-bid Meeting and Site Visit • 4 •• - 1 .; 5 S.._ ,_185. -; .fo $ 6 2 Roseland to Bidder Questions • 2 6 - ; • ' - ill 9 . 6.3 Prepare Addendurns • 24 14 5 , . . 3,7 64 Prepare Bid Tab and Recommendation - . , . 1 4 $ .: 0 Subtotal • 5 22 1 - • - 1 - - 6 33 $ 1,280 5 81 ,..... . Direct Salary Cost(Ipso) i 2 31 121 - - • • '19 1 173 .1 5 6,997 1 5 2,1751 OVERHEAD(OH Cost including Salary Additives) I. OH Rate 1 OH Rate x DSC 190.69% 1.5 13,338 I FIXED FEE(FF) I FF Rate FF Rate x(DSC+OH) 12.00% 1$ 2,440 I SUBCONSULTANT TOTAL REIMBURSIBLES TOTAL I$ 2,176 I Subtotal Design and Bidding Tasks I 11 24,948 Plajgg,t41.4404IIktin.lerk5-4Mkif,:f4AM-Td TAt*E.K4/440.0.-4W-WW:UAlL:t. .::-i',,.I Principal 2 Direct Salary Cost $6,997 Project Manager 31 Overhead Cost $13,336 Project Engineer 121 Fixed Fee Cost $2,440 Staff Engineer - Subconsultant Cost $0 Engineering Technician - Reimburslble Cost $2,175 Engr. Geologist .. 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Overhead Schedule December 31,2007: Direct Labor Base 100.00% FICA&Medicare 13.80% • Unemployment 0.57% Vacation,Holidays& Sick Leave 19.46% Health&Accident Ins 13.49% Retirement Plan 12.54% Industrial Ins 0.46% Total Direct Labor Overhead: 60.32% G&A Overhead Indirect Labor 48.42% Bonus 28.59% Travel 3.18% Office Rent• Postage&Miscellaneous19.43%% 1.83% Equipment Support 10.34% Telephone 4.17% Supplies 0.94% Legal/Acctg/Computer Consult 1.07% Professional Development 0.51% Dues & Subscriptions 0.84% B&O Taxes 6. 09% General Insurance 4.87% Total G&A Overhead 130.27% Total Overhead Costs 190.59% Overhead Rate 190.59% The Bonus is reduced in accordance with WSDOT 15%bonus policy.All expenses not allowed have been removed. • Replace Generators&Emergency Power Connections—Design Phase 17 WTR-27-3458 CITY OF RENTON COUNCIL AGENDA BILL AI # : (e)i /`C • SUBMITTING DATA: June 24, 2008 I FOR AGENDA OF: July 7, 2008 Dept/Div/Board.. Legal I Staff Contact.. Lawrence J. Warren I AGENDA STATUS: Consent X SUBJECT: Public Hearing.. Correspondence.. Additional Contribution of up to $25,000 to the NPDES II Ordinance Consortium Resolution Old Business.... EXHIBITS: New Business.... Study Session... Other RECOMMENDED ACTION: APPROVALS: Legal Dept X Council Concur Finance Dept.... Other FISCAL IMPACT: Expenditure Required... $25,000 from Surface Water Transfer/Amendment.. Amount Budgeted Professional Services, Fund 407 Revenue Generated... MARY OF ACTION: The proposed NPDES II permit requirements imposed ambiguous new rules upon 'ty that could have resulted in substantial liability. A consortium of governments, presently 28 cities and ap County, joined together to seek clarification of the rules. Subsequently the Puget Sound Alliance also appealed the rules seeking much stricter application of the rules. To date, the consortium has been successful in achieving two very important goals. The first is that water quality standards will not be applied directly to municipal stormwater discharges. The second is that if the discharge does exceed the clean water standards, that the city and DOE will work together on a remediation plan. These two gains are veryimportant as the Clean Water Act authorizes citizen suits against violators with a right p g to have an award of attorney's fees if the private litigant is successful. For a violation of the water quality standards, that success is nearly guaranteed. There is a law firm in Seattle that specializes in bringing these lawsuits against cities. To underscore the exposure, that law firm has threatened to sue every city. The cost of defending such a law suite can be extraordinary. The City of Vancouver, Washington spent over $500,000 in attorney's fees and staff time in a successful defense of such a suit. If Vancouver had lost that suit, the cost may have doubled. So far the city has contributed approximately $34,000 to this consortium. For the further work on the administrative appeals, the law firm representing the consortium, Foster Pepper, has estimated a cost of . pp p g pP $300,000. Various methods of spreading that cost are being discussed with Renton's contribution varying from just under$15,000 up to $25,000. This does not include the costs of appeal. i So far the gains from the administrative appeal have been significant. OFF RECOMMENDATION: Authorize expenditure of up to $25,000 as the city's contribution to the coalition of legal costs. T10.47:36 APPROVED BY CITY COUNCIL TRANSPORTATION/AVIATION COMMITTEE Date 7-7-`A0047 COMMITTEE REPORT July 7,2008 Traffic Signals at the I-405 Ramp Located on Talbot Road South Memorandum-of Understanding (June 16; 2008) The Transportation. Committee recommends .concurrence" in the staff recommendation to authorize the Mayor and City Clerk to execute the Memorandum of Understanding'with the Washington State Department of Transportation regarding the cooperative operation of traffic signals at the I-405 ramp located .on.Talbot Road, South. The,Committee further recommends that the resolution regarding this;matter be presented for reading and adoption. Randy Corman, hair • r' r • Don Persson, Vice-Chair. , Rich Zwicker, Me'ober • cc'.. Chris Barnes,Transportation Operations,.Manager Constance Brundage,Transportation Administrative Secretary APPROVED'BY CITY COUNCIL TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT Date 7:7- 2°°.? July 7,2008 :Duvall Avenue NE Widening Project/Coal Creek Parkway SE'Reconstruction-Undergrounding Utility Conversion Construction Agreement with Qwest _ (Referred June 23, 2008) The Transportation Committee recommends concurrence i�n the staff recommendation to authorize the Mayor and City Clerk to execute the proposed Construction Agreement NCA2730.0 and the Statement of :Work No. NCA2730.SS1.0 with Qwest, for Qwest to reimburse the City for its share .of undergrounding utility conversion costs, :estimated at $100,428. . " - andy Cornian, Chair ' 7— '' ..,--' ij2 z, .--c):), _._ Don Persson,.:Vice=Chair ,` _®® ej, �' ,�® ee. ® V - Rich Zwicker, ember:. _ cc: Bob Hanson,-Transportation Design Supervisor Rob.Lochmiller,Transportation Design Principal Engineer James Wilhoit,Transportation Design Project Manager Constance'Brundage,Transportation Administrative Secretary APPROVED BY. CITY COUNCIL TRANSPORTATION/AVIATION COMMITEE COMMITTEEE REPORT Date 7 7- 01008' July,7,2008 Transportation/Aviation Committee Referral List Clean-Up The.Transportation/Aviation Committee recommends closing the following referrals: 1. Item#2328, "Downtown Connectivity to The Landing(Wayfinding)", the Committee met to discuss the matter on 4/18/07. The matter is closed as the result of referral#2389 ' approving a contract with Sea Reach, Ltd. on 4/23107 for a Wayfinding System. ' 2. .Item#2337, "Maple Valley Highway Improvements Phase;2, WSDOT",the contract for this was approved by Council on 10/1/07. 3. Item#2386, "Airport Policy Issues, Paholke Correspondence",this matter was referred to the City Attorney's office as part of an FAA Part 16 complaint. 4: Item#2390, "Northwest Seaplanes Lease Addendum' this matter was withdrawn by` Northwest Seaplanes because they:are working on a new proposal: 5: .Item#2391; "Kenmore Air Harbor Lease", this'Matter was withdrawn by Kenmore Air because they are working onva new proposal. ' - 6: Item#2456, "Transit to Southport,Lake Washington Blvd.:N",this matter is closed as a result of Renton's participation in Transit=Now's.Route 110: • • Randy Corman, Chair. ••oners• n,Vice-Chair - - Rich Zwicker, ember cc: Gregg Zimmerman,PW Administrator Alex"Pietsch,CED Administrator • Peter Hahn;Deputy PW Administrator—Transportation Chip Vincent,CED Planning Director Connie Brundage,Transportation Administrative Secretary . Jennifer Davis Hayes,CED Community Development Project Manager Ryan Zulauf,Airport Manager . APPROVED BY CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT- DRAFT Date_ 7=7-.24005' July 7,2008 Multi-Family Housing Property Tax Exemption Program—Designated,Residential Targeted - Areas Modifications and Text Amendments - • (Referred 6/16/08) • The Planning and Development Committee recommends concurrence in staff's • recommendation that Council: (1) Approve the modifications to the designated residential targeted areas for eligible projects for the Multi-Family Housing Property Tax Exemption; and_, : (2)Adopt an ordinance to amend the Exemption(RMC 4-1-220)by:'(a)modifying;the designated residential targeted areas; (b)-implementing the provisions of House Bill 1910, _ (c) incorporating affordable housing, and (d) modifying project eligibility and fees. The Committee further recommendsOat the ordinance regarding this matter be presented for fjrst-reacfii -r, Chair Rich Zwicker, Vi - Chair Greg Tr, Member " • cc: Linda Parks;Interim FIS Administrator ;Terry Higashiyama,Community-Services Administrator Gregg Zimmerman,PW Administrator Suzanne Dale Estey,Economic Development Director Neil Watts, Development Services Director. Rebecca Lind, Strategic Planning Manager • Jennifer Henning, Current Planning Manager _ Karen Bergsvik,Human Services Manager • APPROVED BY CITY COUNCIL: - PLANNING AND DEVELOPMENT COMMITTEE Date----17-7-"Q°1°8- COMMITTEE ate 'y"7-a00$COMMITTEE REPORT July 7;2008: Planning;&'Development Committee Referral List Clean-Up The Planning and Development Committee recommends closing the following referrals: 1. Item#2308; "Multiple-Story Building Within the Height Limitation",this issue will be handled as part of the 2006 Title IV Docket housekeeping (#2397). 2. Item#2393, "Public Right of Way,Political.Sign Placement", the committee met to . • discuss this issue on 6/21/07, 8/9/07 and 9/6/07. The city attorney prepared a preliminary `-draftt butat this time,the committee recommends no further action be taken. P, ,er, Char; 4 tit.j.. Rich Zwicker, Chair Grelor, Member ,cc: Alex Pietsch,CED Administrator Neil Watts,.Development Services Director. Chip Vincent,Planning Director