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HomeMy WebLinkAboutCouncil 11/19/2007 AGENDA RENTON CITY COUNCIL REGULAR MEETING November 19, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARING: 2008 City of Renton revenue sources and preliminary budget 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 kikwe discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 11/5/2007. Council concur. b. Administrative, Judicial and Legal Services Department and Fire Department recommend approval of an addendum to CAG-95-087, operating agreement with King County Fire District #25, to extend the term through 2009. Refer to Public Safety Committee. c. Administrative, Judicial and Legal Services Department recommends approval of an agreement with the law firm of Kameron C. Cayce &Associates for public defense services for the years 2008-2010. Budgeted amount is $280,000 for 2008. Refer to Public Safety Committee. d. Court Case filed by Jay DeMers, Attorney at Law, on behalf of Cheryl J. Austin and Jack Austin who seek compensation for medical expenses and economic loss due to injuries sustained by Cheryl J. Austin as a result of an accident on 11/20/2004 at Shattuck Ave. S. and S. 7th St. allegedly due to obstruction of her field of vision due to signage for a construction project and negligent operation of the vehicle that collided into her vehicle. Refer to City Attorney and Insurance Services. e. Community Services Department requests approval of the revisions to City Code regarding the Municipal Arts Commission including the development of a conservation plan and a five-year master plan for arts and culture, and clarification of the funding process for the 1% for Art Fund. Refer to Community Services Committee. f. Development Services Division recommends approval, with conditions, of the Zetterberg Final Plat(FP-07-058);nine single-family lots on 1.4 acres located at 755 S. 21st St. Council concur. (See 8.a. for resolution.) g. Economic Development,Neighborhoods and Strategic Planning Department requests authorization to correct the zoning designation to Residential Multi-Family of a group of parcels located in the Highlands study area between Monroe Ave.NE and Olympia Ave. NE, south of NE 12th St. Refer to Planning and Development Committee. h. Economic Development,Neighborhoods and Strategic Planning Department reports submission of grant applications for the 2007 Neighborhood Grant Program(second round) and recommends funding two projects and three newsletters in the total amount of$7,317. Refer to Community Services Committee: (CONTINUED ON REVERSE SIDE) i. Economic Development,Neighborhoods and Strategic Planning Department submits 60% Petition to Annex for the proposed New Life - Aqua Barn Annexation, and recommends a public hearing be set on 12/3/2007 to consider the petition; 374 acres located in the vicinity of Maple Valley Hwy. Council concur. j. Economic Development,Neighborhoods and Strategic Planning Department recommends adoption of a resolution supporting The Boeing Company's pursuit of the United States Tanker Program. Council concur. (See 8.b. for resolution.) k. Finance and Information Services Department recommends approval of a bond sale in the approximate amount of$13.134 million that completes the sale of bonds to finance the cost of construction of various capital projects within the utility systems as provided by Ordinance 5313. Refer to Committee of the Whole. 1. Finance and Information Services Department recommends approval of the 2007 year-end budget amendment ordinance in the total amount of$4,141,991. Refer to Finance Committee. m. Finance and Information Services Department requests authorization to hire a Business Systems Analyst at Step D of the salary range. Council concur. n. Transportation Systems Division recommends approval of an addendum to LAG-99-002, airport lease with Pro-Flight Aviation, Inc., for a rent increase from $11,700.08 to $13,063.37 annually. Council concur. o. Transportation Systems Division recommends a public hearing be set on 12/3/2007 to consider the temporary closure of Duvall Ave. NE/Coal Creek Parkway SE from NE Sunset Blvd. to SE 95th Way. Closure to take place from February 2008 to February 2009,with exact dates dependent on work progress. Council concur. p. Utility Systems Division recommends approval of an agreement with Washington State Department of Ecology for a$75,000 grant to assist the City in complying with the National Pollutant Discharge Elimination System Phase II Municipal Stormwater Permit. Council concur. q. Utility Systems Division recommends approval of an amendment to CAG-06-107,King County Waste Reduction and Recycling Grant interlocal agreement,which provides $105,863 in funding to implement Special Recycling Events,the Natural Yard Care Program, ReUse It! Renton, and the Sustainable Collection Pilot. Council concur. (See 8.c. for resolution.) 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. Committee of the Whole: 2008 Budget Deliberations*; 2007 Benson Hill Communities Annexation Conditional Funding* b. Community Services Committee: Dalia Amin Appointment to Municipal Arts Commission c. Finance Committee: Vouchers; Assistant Fire Marshal Hire at Step D d. Transportation(Aviation) Committee: Driveway Widths e. Utilities Committee: Final Water Conservation Goals 8. RESOLUTIONS AND ORDINANCES Resolutions: a. Zetterberg Final Plat(see 6.f.) b. Supporting Boeing's pursuit of the United States Tanker Program (see 6.j.) c. King County waste reduction and recycling grant(see 6.q.) Ordinances for first reading: a. Utility rates(Council approved via Committee of the Whole reports on 9/24/2007 and 10/8/2007) b. 2007 Budget amendment re: Benson Hill Communities Annexation (see 7.a.) c. Golf course green fees and driving range fee (see 7.a.) d. Establishing property tax levy for 2008 (see 7.a.) Ordinances for first reading and advancement to second and final reading: a. Approving the Marshall Annexation(Council approved 11/5/2007) b. Approving R-8 zoning for the Marshall Annexation area(Council approved 11/5/2007) (CONTINUED ON NEXT PAGE) Ordinances for second and final reading: a. Issaquah and Kent school district impact fees (1st reading 11/5/2007) b. Changing effectuation date of Phase II of the Merritt II Annexation (1st reading 11/5/2007) •+` 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) Council Chambers 5 p.m. 2008 Budget Deliberations; 2007 Benson Hill Communities Annexation Conditional Funding • 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 November 19, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Pro Tern Toni Nelson called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; DAN CLAWSON; DENIS LAW, Council COUNCILMEMBERS President Pro Tern; MARCIE PALMER; DON PERSSON; RANDY CORMAN. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, ATTENDANCE Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; TERRY HIGASHIYAMA, Community Services Administrator; MICHAEL BAILEY,Finance and Information Services Administrator; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; CHIEF I. DAVID DANIELS and DEPUTY CHIEF ROBERT VAN HORNE, Fire Department; COMMANDER FLOYD ELDRIDGE, Police Department. PUBLIC HEARING This being the date set and proper notices having been posted and published in Budget: 2008 Revenue Sources accordance with local and State laws, Mayor Pro Tern Nelson opened the public &Preliminary Budget hearing to consider the 2008 revenue sources and preliminary budget. Finance and Information Services Administrator Bailey stated that in addition to the proposed 2008 Budget, which totals $223 million, the property tax levy is also being considered. He indicated that staff recommends a one percent increase to the existing property tax base, and the addition of the new construction, annexation, and other improvements to the tax base to be levied in 2008 for property taxes. Public comment was invited. There being none, it was MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 396 for Committee of the Whole report.) ADMINISTRATIVE Chief Administrative Officer Covington 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 2007 and beyond. Items noted included: * The Renton Senior Activity Center will be open on Thanksgiving Day, November 22, for senior citizens to enjoy a day of social and recreational activities and a free holiday meal. • The Renton Community Marketing Campaign was honored with a "Telly Award" for its production of the Renton marketing video. * The City will be installing a water and sewer line project along Duvall Ave. NE between NE 8th St. and NE 12th St. beginning December 3. AUDIENCE COMMENT John Giuliani, Sr. (Renton) noted the increase in noisy airplanes (trainers) flying Citizen Comment: Giuliani - over the Renton Hill neighborhood within the past two weeks, and explained Aircraft Noise Complaint that he has been unable to leave messages regarding the noise on the airport's Phone Line aircraft noise complaint phone line as it is malfunctioning. November 19,2007 Renton City Council Minutes Page 394 MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ALLOW THE SPEAKER FIVE MORE MINUTES. CARRIED. Mr. Giuliani further noted that the City lacks control over the airport, saying that the Federal Aviation Administration ultimately controls the running of the airport. Stating that the City recently updated its phone messaging system, Chief Administrative Officer Covington apologized for the inconvenience and stressed that the problem with the aircraft noise complaint line will be fixed. Citizen Comment: Gitchel - Chuck Gitchel (Renton) spoke on the topic of T-Mobile's proposal to place a T-Mobile Monopole cell phone tower at SE 3rd Pl. near his house. He recalled a past proposal for Placement, SE 3rd Pl, CU-07- the placement of a cell phone tower at a more suitable location on Union Ave. 065 that was denied due to the Seattle Public Utility-owned property being less than one acre in size. Mr. Gitchel asked that the ordinance regulating the siting of monopoles be reviewed, and recommended the removal of the one-acre requirement. Councilmembers Corman and Law expressed interest in reviewing the ordinance. In response to Council inquiries,Planning/Building/Public Works Administrator Zimmerman confirmed that T-Mobile is appealing the City's denial of its conditional use permit to place a tower at SE 3rd P1. Regarding the placement of a tower on the Seattle Public Utility-owned property, Mr. Zimmerman confirmed that the request did not meet the one-acre requirement, and he explained that there is no variance provision in City Code in this particular instance. Citizen Comment: McOmber- Howard McOmber(Renton) reported that the Highlands Community Highlands Community Association's Emergency Preparedness Workshop was well attended and Association successful. Additionally,he announced that a Christmas party will be held at the Highlands Neighborhood Center on December 16. Councilmember Palmer also commented on the success of the workshop, noting that a Spanish language interpreter was available to assist attendees. 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 11/5/2007. Council concur. 11/5/2007 CAG: 95-087,King County Administrative,Judicial and Legal Services Department and Fire Department Fire Protection District#25 recommended approval of an addendum to CAG-95-087, operating agreement with King County Fire District#25, to extend the term through 2009. Refer to Public Safety Committee. AJLS: Public Defender Administrative, Judicial and Legal Services Department recommended approval Services, Kameron C Cayce & of an agreement with Kameron C. Cayce &Associates for public defense Associates services for the years 2008-2010. Refer to Public Safety Committee. Court Case: Cheryl J Austin & Court Case filed by Jay DeMers, Attorney-at-Law, on behalf of Cheryl J. Austin Jack Austin, CRT-07-014 and Jack Austin who seek compensation for medical expenses and economic loss due to injuries sustained by Cheryl J. Austin as a result of an accident on 11/20/2004 at Shattuck Ave. S. and S. 7th St. allegedly due to obstruction of her field of vision due to signage for a construction project and negligent operation of the vehicle that collided into her vehicle. Refer to City Attorney and Insurance Services. f November 19,2007 Renton City Council Minutes Page 395 Board/Commission: Municipal Community Services Department recommended approval of the revisions to Arts Commission Revisions City Code regarding the Municipal Arts Commission including the development of a public art conservation plan and a five-year master plan for arts and culture, and clarification of the funding process for the 1% for Art Fund. Refer to Community Services Committee. Plat: Zetterberg, S 21st St, FP- Development Services Division recommended approval, with conditions, of the 07-058 Zetterberg Final Plat; nine single-family lots on 1.4 acres located at 755 S. 21st St. Council concur. (See page 397 for resolution.) Planning: Highlands Study Economic Development, Neighborhoods and Strategic Planning Department Area Zoning Correction, requested authorization to correct the zoning designation to Residential Multi- Monroe Ave NE Family of a group of parcels located in the Highlands Study Area between Monroe Ave. NE and Olympia Ave. NE, south of NE 12th St. Refer to Planning and Development Committee. EDNSP: 2007 Neighborhood Economic Development,Neighborhoods and Strategic Planning Department Program Grants reported submission of grant applications for the 2007 Neighborhood Grant Program(second round) and recommended funding two projects and three newsletters in the total amount of$7,317. Refer to Community Services Committee. Annexation: New Life-Aqua Economic Development,Neighborhoods and Strategic Planning Department Barn, Maple Valley Hwy submitted 60% Petition to Annex for the proposed New Life - Aqua Barn Annexation and recommended a public hearing be set on 12/3/2007 to consider the petition; 374 acres located in the vicinity of Maple Valley Hwy. Council concur. EDNSP: Boeing Pursuit of US Economic Development, Neighborhoods and Strategic Planning Department Tanker Program, Supporting recommended adoption of a resolution supporting The Boeing Company's Resolution pursuit of the United States Tanker Program. Council concur. (See page 397 for resolution.) Finance: Bond Issuance, Finance and Information Services Department recommended approval of a bond Utility Capital Projects sale in the approximate amount of$13.134 million that completes the sale of bonds to finance the cost of construction of various capital projects within the utility systems as provided by Ordinance 5313. Refer to Committee of the Whole. Budget: 2007 Year-End Finance and Information Services Department recommended approval of the Amendments 2007 year-end budget amendment ordinance in the total amount of$4,141,991. Refer to Finance Committee. Finance: Business Systems Finance and Information Services Department requested authorization to hire a Analyst Hire at Step D Business Systems Analyst at Step D of the salary range. Council concur. Airport: Pro-Flight Aviation Transportation Systems Division recommended approval of an addendum to Lease, LAG-99-002 LAG-99-002, airport lease with Pro-Flight Aviation, Inc., for a rent increase from$11,700.08 to $13,063.37 annually. Council concur. Streets: Duvall Ave NE Transportation Systems Division recommended a public hearing be set on Closure, Road Improvements 12/3/2007 to consider the temporary closure of Duvall Ave. NE/Coal Creek Project Parkway SE from NE Sunset Blvd. to SE 95th Way for roadway improvements. Closure to take place from February 2008 to February 2009, with exact dates dependent on work progress. Council concur. November 19, 2007 Renton City Council Minutes Page 396 Utility: NPDES Stormwater Utility Systems Division recommended approval of an agreement with the Permit, WA St DOE Grant Washington State Department of Ecology for a $75,000 grant to assist the City in complying with the National Pollutant Discharge Elimination System Phase II Municipal Stormwater Permit. Council concur. CAG: 06-107, 2006-2007 Utility Systems Division recommended approval of an amendment to CAG-06- Waste Reduction & Recycling 107, King County Waste Reduction and Recycling Grant interlocal agreement, Grant, King County which provides $105,863 in funding to implement Special Recycling Events, the Natural Yard Care Program, ReUse It! Renton, and the Sustainable Collection Pilot. Council concur. (See page 398 for resolution.) MOVED BY LAW, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole adoption of ordinances related to the 2008 Budget for the property tax levy and Budget: 2008 Property Tax golf course green fees. Levy Golf Course Fees Property Tax Levy. In lieu of a preliminary property tax worksheet from King County, an estimate for total general government property taxes of$25,750,000 is based on $500,000,000 in new construction. King County does not finalize the property tax estimate until near the end of December. In addition, the City requires a levy of$510,000 for the purpose of paying debt service on voter approved bonds for senior housing. Therefore, the 2008 Budget estimate, assuming new construction of$500,000,000 and property taxes of$26,260,000, is recommended. Golf Course Green Fees. The Committee recommended that certain golf course green fees be increased, and that a new "warm-up bucket" driving range fee be added. The Committee further recommended that the ordinances regarding these matters be presented for first reading. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 398 for ordinances.) AJLS: Benson Hill Council President Nelson presented a Committee of the Whole report regarding Communities Annexation, the 2007 conditional funding for Benson Hill Communities Annexation costs. Budget Amend The Committee recommended that the adopted 2007 Budget be amended to authorize the Police, Human Resources and Risk Management, Community Services, and Planning/Building/Public Works departments to begin employment and purchasing activities related to the Benson Hill Communities Annexation, conditioned on its approval by voters and the Renton City Council. Fund 2007 Budget FTE Amendment Amendment General Fund (000) $114,199 15.00 Parks Fund (001) $ 20,000 4.00 Equipment Repair& Replacement Fund(501) $411,500 0.00 Information Services Fund (503) $ 7,739 1.00 Total $553,438 19.00 MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 398 for ordinance.) Utilities Committee Utilities Committee Chair Clawson presented a report regarding the water Utility: Final Water conservation goals. The Committee recommended concurrence in the staff Conservation Goals recommendation to adopt the City's Water Use Efficiency Goals in compliance November 19, 2007 Renton City Council Minutes Page 397 with the State Municipal Water Law. The Water Use Efficiency Goals are as follows: • Reduce the distribution system leakage to ten percent or less by 2010. • Limit the peak day water demand at 16.5 mgd (million gallons per day) until 2015. • Continue reduction of average annual water use by one-half percent per year per connection. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report regarding Committee driveway width regulations. The Committee recommended concurrence in the Development Services: staff recommendation to maintain current driveway width requirements and Driveway Widths regulations within the City of Renton. These regulations are not too restrictive and provide sufficient width for all uses, including a wide range of flexibility for commercial driveway standards. No changes to the existing regulations for driveway widths are recommended at this time. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilmember Persson noted that staff is investigating the possibility of flaring the driveways out, which does not affect the driveway widths. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 265983 - 266536 and three wire transfers totaling $3,532,407.19; and approval of 272 Payroll Vouchers, two wire transfers, and 1,369 direct deposits totaling $4,362,398.01. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Fire: Assistant Fire Marshal Finance Committee Chair Persson presented a report recommending Hire at Step D concurrence in the staff recommendation to authorize the hiring of the Assistant Fire Marshal at Step D of the salary schedule (Grade M26),beginning 12/1/2007. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Corman presented a report Committee recommending concurrence in Mayor Keolker's appointment of Dalia Amin to Appointment: Municipal Arts the Municipal Arts Commission for a term expiring 12/31/2010 (previously held Commission by Renne Saling). MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3916 A resolution was read authorizing the Zetterberg Final Plat; approximately 1.4 Plat: Zetterberg, S 21st St, FP- acres located on S. 21st St. between Smithers Ave. S. and Talbot Rd. S. 07-058 MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3917 A resolution was read supporting The Boeing Company's pursuit of the United EDNSP: Boeing Pursuit of US States Tanker Program. MOVED BY LAW, SECONDED BY PALMER, Tanker Program, Supporting COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution November 19, 2007 Renton City Council Minutes Page 398 Resolution #3918 A resolution was read authorizing the Mayor and City Clerk to execute the CAG: 06-107,2006-2007 amendment to the King County Waste Reduction and Recycling Grant Waste Reduction &Recycling interlocal agreement, which provides for$105,863 in funding to implement Grant, King County Special Recycling Events,the Natural Yard Care Program, ReUse It! Renton, and amends the Sustainable Collection Pilot. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 11/26/2007 for second and final reading: Utility: 2008 Rates An ordinance was read amending Chapter 2, Storm and Surface Water,Chapter 4,Water, and Chapter 5, Sewer, of Title VII (Health and Sanitation) of City Code to allow for adjustments to current utility rates. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/26/2007. CARRIED. AJLS: Benson Hill An ordinance was read amending Ordinance 5241 relating to the City of Renton Communities Annexation, fiscal year annual 2007 Budget regarding the Benson Hill Communities Budget Amend Annexation. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/26/2007. CARRIED. Community Services: An ordinance was read amending Chapter 1, Fee Schedule, of Title V(Finance Maplewood Golf Course Fees and Business Regulations) of City Code by increasing certain golf course green fees and adding a driving range fee. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/26/2007. CARRIED. Budget: 2008 Property Tax An ordinance was read establishing the property tax levy for the year 2008 for Levy both general purposes and for voter approved bond issues. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/26/2007. CARRIED. The following ordinances were presented for first reading and advanced for second and final reading: Annexation: Marshall, Duvall An ordinance was read annexing approximately 7.6 acres of property generally Ave NE &NE Sunset Blvd located between Anacortes Ave. NE, if extended, on the west and 132nd Ave. SE on the east, and NE 18th P1., if extended, on the north; Marshall Annexation. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5315 Following second and final reading of the above-referenced ordinance, it was Annexation: Marshall, Duvall MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADOPT Ave NE &NE Sunset Blvd THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Annexation: Marshall, R-8 An ordinance was read establishing the zoning classification for approximately Zoning 7.6 acres, generally located between Anacortes Ave.NE, if extended, on the west and 132nd Ave. SE on the east, and NE 18th P1., if extended on the north, annexed within the City of Renton from R-4 (Urban Residential - four dwelling units per acre, King County zoning) to R-8 (Residential - eight dwelling units per net acre, Renton zoning); Marshall Annexation. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. f November 19, 2007 Renton City Council Minutes Page 399 Ordinance#5316 Following second and final reading of the above-referenced ordinance, it was Annexation: Marshall, R-8 MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT Zoning THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5317 An ordinance was read adopting the 2007 Issaquah School District Capital Finance: Impact Fees, Issaquah Facilities Plan, adopting the 2007-2008 to 2012-2013 Kent School District and Kent School Districts Capital Facilities Plan, changing the impact fee collection on behalf of the school districts within the City of Renton from $6,136 per new single-family home to $6,021 per new single-family home in the Issaquah School District, changing the impact fee collection on behalf of the Kent School District from $4,928 per new single-family home to $5,110, and implementing an impact fee of$3,146 per new multi-family unit in the Kent School District. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5318 An ordinance was read amending Ordinance 5142 by changing the timing for Annexation: Merritt II, SE effectuating Phase II of the Merritt II Annexation to the City of Renton to May Valley Rd & Coal Creek 4/30/2008, or 30 days after awarding the contract for road improvements along Parkway Duvall Ave. NE, whichever comes first. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Mayor Pro Tem Nelson opened nominations for 2008 Council President. Council: 2008 Council Councilmember Clawson nominated Councilmember-Elect King Parker. President Election (Palmer) Councilmember Persson nominated Councilmember Marcie Palmer. There being no further nominations, Mayor Pro Tem Nelson closed the nominations. Following a vote, Councilmember Palmer was elected as 2008 Council President. Council: 2008 Council Mayor Pro Tem Nelson opened nominations for 2008 Council President Pro President Pro Tern Election Tern. Councilmember Palmer nominated Councilmember Randy Corman. (Corman) There being no further nominations, it was MOVED BY LAW, SECONDED BY PALMER,NOMINATIONS BE CLOSED. CARRIED. Mayor Pro Tern Nelson announced that Councilmember Randy Corman was elected 2008 Council President Pro Tem by acclamation. Public Works: Sidewalks on Councilmember Persson reported a citizen complaint regarding the lack of NE 10th St sidewalks on NE 10th St., west of Duvall Ave. He referred the matter to the Administration. Council: Committee on Council President-Elect Palmer reported that the Committee on Committees will Committees be comprised of herself, Council President Pro Tem-Elect Corman, and Council President Nelson. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADJOURN. CARRIED. Time: 8:11 p.m. X.�671ih c c. 4 If)alt, Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 19, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING November 19, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE ON COMMITTEES MON., 11/26 2008 Council Committee Assignments 5 p.m. COMMITTEE OF THE WHOLE MON., 11/26 2008 Bond Sale Resolution; (Nelson) 5:30 p.m. 2008 Budget Deliberations COMMUNITY SERVICES (Corman) FINANCE MON., 11/26 2007 Year-End Budget Amendments (Persson) 3:30 p.m. PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY MON., 11/26 Public Defense Contract; (Law) 4 p.m. Fire District #25 Contract Addendum TRANSPORTATION (AVIATION) WED., 11/21 CANCELLED (Palmer) UTILITIES (Clawson) 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. {Pi,tlol is I4ea no) City of Renton 2008 Budget it II ot 12u a1 Quick Facts and Reference Guide General Other 2008 2007 Page Government Operating Capital Total Total Number Where the Money Comes From Property Taxes 24,701,010 550,000 25,251,010 24,162,892 1-25 Sales Taxes 22,766,789 22,766,789 21,378,335 1-28 Utility Taxes 13,056,485 35,000 13,091,485 11,219,080 1-31 Other Taxes 6,956,285 - 2,150,000 9,106,285 6,934,618 . 1-32 Other Revenue 18,240,242 102,131,716 4,696,167 125,068,125 122,656,111 1-34 Total 85,720,811 70,587,669 38,975,214 195,283,694 186,351,036 Use of Reserves 1,026,531 3,015,642 24,376,353 28,418,526 24,510,442 ; Where the Money Goes Public Safety 39,373,586 - 250,000 39,623,586 36,740,735 4-51,71 Transportation 4,618,019 3,008,192 29,978,671 37,604,882 44,657,148 : 4-127 Community Services 16,464,333 3,194,703 13,168,000 32,827,036 23,075,589 4-83 Economic Development 1,657,749 255,000 360,000 2,272,749 2,199,376 ' 4-27 Public Works 9,161,539 37,271,896 17,421,667 63,855,102 58,561,832 4-115 Debt 4,269,400 6,116,752 10,386,152 11,196,111 5-1 Transfers 263,723 3,146,244 2,173,229 5,583,196 6,979,8001: Risk Management - 13,861,706 13,861,706 11,582,190 4-49 Administrative b 1,940,376 5,673,204 7,613,580 5,514,003 ; 4-35 Other 8,998,617 1,075,614 - 10,074,231 10,354,694 Total 86,747,342 73,603,311 63,351,567 223,702,220 210,861,478 :' Key Facts Staffing Uniformed C 237 233 4-2 Civilian C 417 405' 4-2 Net Debt per-capita° $ 1,460.86 $ 1,544.57 General Obligation $ 733.62 $ 781.08 5-9 Utility Systems $ 727.25 $ 763.48 : 5-11 Property Tax Rate° 2.5321 2.8067: 1-26 New Construction a $251,000,000 $262,964,368 1-27 Terms and Explanations Basis of Accounting and Budgeting 1-13,14 Glossary of Terms 9-11 Financial Management Policies 1-13 Renton Results-Program Budget 3-1 Community Profile 9-2 Footnotes: a Estimated for 2008 b Includes technology capital investments c Staff additions-4 firefighters, 1 custodian, 1 court clerk, 1 recreation, 1 street maintenance,7.7 utility maintenance/engineering " ADMINISTRATIVE, JUDICIAL, AND ® , LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: November 19, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, 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: COMMUNITY SERVICES DEPARTMENT • Renton Community Center employee Ryan Spencer was awarded the Washington Recreation and Parks Association's Facility Services Section Administrative Professional Award for 2007. Ryan plays an integral role in the operation and management of the Renton Community Center and the Henry Moses Aquatic Center. He is the "go-to guy" who has been asked to do everything from jumping a dead battery to escorting an elderly woman to the bus. Ryan is a shining example of what customer service means and an asset to our staff • The Renton Senior Activity Center, located at 211 Burnett Avenue North, will be open on Thanksgiving Day, November 22, from 10:00 a.m. to 2:00 p.m. for senior citizens to enjoy a day of social and recreational activities. A free holiday meal, sponsored by Renton Rotary, will be served at 11:45 a.m. Senior citizens must pick up a free ticket by Wednesday November 21 for their meal reservation and transportation request. Call 425-430-6700 for further details. • Ivar's Clam Lights at Gene Coulon Memorial Beach Park begins Friday, November 30. Take a ride on Santa's Covered Wagon, enjoy holiday entertainment by the Wednesday Night Jam Band and watch the arrival of the Rainier Yacht Club's Parade of Boats. The fun starts at 6:30 p.m., with the official lighting ceremony at 7:20 p.m. Clam Lights runs nightly through January 1. For more information, visit rentonwa.gov or call 425-430-6700. • Runners and walkers of all fitness levels are invited to bring their dogs and participate in the Canine Candy 5K Fun Run and Walk on December 2. This event, co-sponsored by Aussie Pet Mobile, Fairwood Physical Therapy, and Fleet Feet Sports begins at 9:00 a.m. Pre-registration is $20 and includes a t-shirt. On-site registration will be available the day of the event for $25 but does not include a t-shirt. For more information, visit rentonwa.gov or call 425-430-6700. • Enjoy the sights and sounds of the Argosy Christmas Ship as it makes its annual visit to Gene Coulon Memorial Beach Park on Monday, December 3. The ship will be just off the lake's shore from 8:00 to 8:20 p.m. For more information, visit rentonwa.gov or call 425-430-6700. • A very special thank you to Renton Rotary for donating $5,000 to the Recreation Scholarship Program. The money will be used to fund the various fall and winter programs for low-income children, families, and senior citizens. Administrative Report November 19,2007 Page 2 ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The Renton Community Marketing Campaign has been honored with a "Telly Award" for its production of the Renton marketing video. The Telly Awards honor the very best local, regional, and cable television commercials and programs, as well as the finest video and film productions, and work created for the internet. The Renton video was produced to showcase the community as a fabulous place to live, work, shop, learn, and play. Our award-winning video can be viewed on the City's website at rentonwa.gov. • Celebrate the holidays with your family as you enjoy shopping and a festive environment in downtown Renton this holiday season. On December 1, from 2:30 to 5:00 p.m., stroll South 3rd Street to soak in carolers'tunes and festive storefront decorations. Warm up with hot chocolate, hot apple cider, and roasted chestnuts on the corners of Wells Avenue South and Williams Avenue South. Then walk to the Piazza Park (corner of South 3rd and Burnett) at 5:00 p.m. to enjoy the City's tree lighting and the arrival of Santa. Fun for all ages, sponsored by the Downtown Events Committee, Piazza Renton, and supported by the City of Renton. • Visit Santa at his house at the SW corner of South 3rd Street and Wells Avenue South on Fridays and Saturdays from December 7 to 22. Free downloadable pictures with Santa will be taken on Fridays from 4 to 7 p.m. and Saturdays from 1 to 4 p.m. Sponsored by the Downtown Events Committee. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The City Utilities Systems Division will be installing a water and sewer line project along Duvall Avenue NE between NE 8th Street and NE 12th Street beginning on December 3. During its three- month duration, this project will require reduction of the travel lanes from four lanes down to two lanes (one in each direction) in the excavation area. All four lanes will re-open to traffic each day at 5:00 p.m. Our traffic numbers indicate that even with the reduced lanes, the street should have enough capacity to prevent significant traffic backups during the lane closures. Notification is being provided to the public by means of signage and a notice in the Renton Reporter. POLICE DEPARTMENT • The Renton Police Department was recently accredited for a fifth time by the Commission on Accreditation for Law Enforcement Agencies. This re-accreditation represents the satisfactory completion of a continuous process of thorough agency-wide self-evaluation, concluded by an exacting outside review by a team of independent assessors. The Renton Police Department is one of only eleven law enforcement agencies in the State of Washington that is accredited, and enjoys the longest tenure as an accredited municipal agency in the state. The department received its initial accreditation in 1991, and this latest re-accreditation effort was led by Commander Kent Curry. /`rzt d eKe e &?nrit-0124- ehuck /1/1 qm)7 60 FT MONOPOLE AND ANCILLARY EQUIPMENT W/EQUUIPMENT SHED PROPOSED IN THE R-8 ZONE. NO PREAPPLICATION MEETING WAS HELD PRIOR TO SUBMITTAL OF THIS PROPOSAL. ON 3-30-2006, MADELINE CHANEY, THE APPLICANT'S REPRESENTATIVE, WAS ADVISED THAT THE PROPOSED MONOPOLE SITE WAS NOT ELIGIBLE FOR A CONDITIONAL USE PERMIT BECAUSE THE SITE DID NOT COMPLY WITH EITHER OF THE TWO MANDATORY CONDITIONS STIPULATED BY THE ZONING USE TABLE (PROPERTY MUST BE A MINIMUM OF ONE ACRE IN SIZE AND SETBACKS MUST BE MINIMUM OF 100' FROM ABUTTING RESIDENTIAL). WHEN ADVISED THAT THE HEARING EXAMINER WOULD NOT HAVE THE AUTHORITY TO APPROVE THE PROPOSED "CONDITIONAL USE PERMIT WITH VARIANCES" BECAUSE IT WAS IN EFFECT A "USE" VARIANCE REQUEST, MS. CHANEY ADVISED THAT SHE WOULD LIKE TO HAVE THE EXAMINER MAKE THAT DETERMINATION. SHE WAS ALSO ADVISED THAT SHE COULD (FREE OF CHARGE) INSTEAD REQUEST THIS AS A WRITTEN DETERMINATION WHICH COULD THEN BE APPEALED TO THE EXAMINER. SHE STATED SHE WOULD PREFER TO APPLY FOR THE "VARIANCES" INSTEAD. THE FOLLOWING DAY (3-31-06), THIS APPLICATION WAS SUBMITTED. 5-19-06 NEIL WATTS, DEVELOPMENT PLANNING DIRECTOR, DETERMINED PLANNING & DEVELOPMENT UNABLE TO PROCESS - LETTER TO THIS EFFECT SENT TO APPLICANT AND ENTIRE PACKAGE LEFT FOR APPLICANT TO PICK UP. NO FILE COPY WAS RETAINED. 6-9-06 FINANCE ISSUES $2,600 REFUND, CHECK#249270. 4-2-070D—RESIDENTIAL-8 DU/AC (R-8) 4-2-070D RESIDENTIAL-8 DU/AC (R-8) Uses allowed in the R-8 Zone are as follows: USES: TYPE: USES: TYPE: AGRICULTURE AND NATURAL RESOURCES: ;: OTHER.COMMUNITY AND PUBLIC;F4CILITIES :',; .::. Natural resource extraction/recovery H Community Facilities Cemetery H ANIMALS AND RELATED USES: -,:,:i;f`v;: Religious institutions H Animal husbandry(20 or fewer small animals Service and social organizations H per acre) P#51 Public Facilities Animal husbandry(4 or fewer medium animals City government offices AD per acre) P#51 City government facilities H Animal husbandry(maximum of 1 large animal Other government offices and facilities H per acre) P#51 Greater number of animals than allowed above H#36 RETA114" .,: .='': ;;.N:; M-e'° 'w ,� , ;::;�:-:,� ' Beekeeping P#35 . :. Kennels, hobby AC#37 Eating and drinking establishments P#1 Pets, common household, up to 3 per dwelling Horticultural nurseries H unit or business establishment AC f IVI:ENT ND EGR ll ws:° °s ` ENTE:. . ,Ti4II RESIDENTIALK: _; 'w`" °' ' `:°''m" ' Entertainment Detached dwelling pm Cultural facilities H Flats or townhouses, no greater than 2 units Recreation total per bullc#i (existing legal) P Golf courses (existing) _. P Manufactured Imes Golf courses (new) H Manufactured homes,designated P#19 OTHER:RESIDAENTT LO©GING ANCA ROTE Services, General OCCUPATt "NS 1.:;,,"� . ;- f� `.• . Bed and breakfast house, accessory AD � Adult family home P Day Care Services Group homes II for 6 or less P Adult day care I AC Group homes II for 7 or more H Adult day care II H Home occupations AC#6 Day care centers H#25 SCHOOLS ,' ;W �. . , " ; Family day care AC ����"��»'�° Aar Healthcare Services K-12 educational institution (public or private) H#9 Medical institutions H K-12 educational institution (public or private), existing P#9n,;;;> VEHICIv4 4.41 1 ED-ACT:I.I'.IT1ES.:` 4_.°`'' - :", .: ;_ „:.: :,,v:;A; y : ;;: =aa''._"3.. Park and ride, shared-use P#108 'PARKS ;z ,� a � �"` ° . . fi .'"”,M n,: , 1, ., _; �" Parks, neighborhood P Parks, regional/community, existing P Parks, regional/community, new AD TYPES: Blank=Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Condition(s) P#=Permitted provided condition can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions;RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RMC 4-3-050,Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Requirements 2 -25 (Revised 1/07) 4-2-070D—RESIDENTIAL-8 DU/AC(R-8) USES: TYPE: UTILITIES::.::::'`:. Communications broadcast and relay towers H Utilities, small P Utilities, medium AD Utilities, large H WIftII 4ES; OMMUNICATION:I ACIIL:I'Ir1 Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right- of-way AD#45 Parabolic antennas—Large H#45 PENT §10%1 I P! >, �;Y'k-'.,h.Y,.R't YL. '#k^ar-'d '3�L 3`. r. Accessory uses per RMC 4-2-050 and as defined in chapter 4-11 RMC, where not otherwise listed in the Use Table AC Model homes in an approved residential development: one model home on an existing lot P#53 Sales/marketing trailers, on-site P#53 Temporary or manufactured buildings used for construction P#10 Temporary uses P#53 (Ord.4773, 3-22-1999;Amd.Ord.4963,5-13-2002; Ord. 4999, 1-13-2003; Ord.5080, 6-14-2004; Ord. 5241, 11-27-06) TYPES: Blank=Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Condition(s) P#=Permitted provided condition can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020,Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Automall Improvement District; RMC 4-3-050,Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Requirements (Revised 1/07) 2-26 4-2-080A 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING from any leasable spaces. No outdoor stor- CONDITIONS: age,including vehicle or trailer storage lots. Self service storage uses in this zone are 1. Limited to locations within an existing or subject to the following special develop- new golf course or regional park. ment standards:Temporary customer mov- 2. In addition to the criteria of RMC 4-9-030, ing van/truck parking, if provided, must be Conditional Use Permits, the use must be clearly marked with signage or paint. Side sited in conjunction with a gas station. Size and rear setbacks subject to the Commer- restrictions apply per use in RMC cial Arterial Zone standards of RMC 4-2-120A.In the CN Zone,the use is limited 4-2-120A, Development Standards for to operations enclosed within a building, Commercial Zoning Designations,in lieu of and sited in conjunction with an existing the RM-I development standards. gas station. 9. Development consistent with an approved 3. These uses shall not be located on the "Master Plan" is considered to be a permit- ground floor along street frontage in the ted use. Other activities which are outright "Downtown Pedestrian District." See permitted include the addition of up to four Downtown Pedestrian District Map in RMC (4) new portables, or changes in facilities 4-2-080D. not exceeding ten percent(10%) of gross floor area.Other proposed activities require 4. Existing commercial laundry uses may be a Hearing Examiner conditional use permit. continued and may be re-established for purposes of rebuilding upon unintentional 10. Permitted when approved by the Develop- destruction of property. Existing commer- ment Services Division and associated with cial laundry uses may not extend beyond an active building or construction_permit, their existing building footprint'plus abutting for a period not to exceed the duration of easements, loading, or parking areas. Ren- construction. ovations or alterations within the existing 11. Limited to storage of products in conjunc- building footprint are permitted. Existing tion with retail,service,or office uses.Shall commercial laundry uses may add to the not be located along the building street height of buildings provided that the height frontage or in areas visible to the public. of the building not exceed forty two feet (42'),and that additional height be used for 12. Shall be developed as part of larger office accessory office to support the commercial structures. Shall not stand alone and shall laundry uses. Existing offsite warehousing not occupy more than twenty five percent uses accessory to existing commercial (25%) per building whose primary use is laundry uses may be continued but may not office. be expanded beyond their existing building 13. a. Administrative Headquarters footprint. Office: These offices shall be associ- 5. Professional bed and breakfast houses are ated with a permitted industrial use only allowed in the RM-U Zone. listed in RMC 4-2-0601. The office uses may be developed in conjunction 6. Subject to the requirements of RMC with, or subsequent to,the industrial 4-9-090, Home Occupations, with the writ-. use. ten approval of the property owner,if tenant occupied. b. General Offices: Excluding adminis- trative headquarters offices,which are 7. Subject to the development standards permitted consistent with subsection applicable to primary structures. (13)(a) of this Section, general offices 8. Allowed only in the Residential Multi-Family are only allowed in the Employment Infill suffix. Twenty four(24) hour on-site Area Valley (EAV) land use designa- management required.The manager's unit tion; provided that general offices that is not subject to minimum density require- are accessory to a primary use are ments. No estate, garage or other sales permitted outside the EAV. See EAV Map in RMC 4-2-080B. 2 - 59 (Revised 3/06) 4-2-080A 14. Except that when operations are predomi- b. Employment Area Valley: Residen- nantly conducted out-of-doors rather than tial uses are not permitted in the completely enclosed within an enclosed Employment Area Valley (EAV) land structure,an administrative conditional use use designation. See EAV Map in permit is required. RMC 4-2-080B. 15. Use is limited to building, hardware, and c. Commercial Business Districts: garden.Except in the CD Zone,size restric- Townhouse units are allowed without tions apply per RMC 4-2-120A. ground floor retail within the building if 16. Subject to the density limitations located in located more than one hundred fifty the development standards for this zone. feet(150') from an arterial in the NE Residential uses shall not be located along 4th Business District,Sunset Business the street frontage on the ground floor in District,and Puget Business District with an administrative conditional use the"Downtown Pedestrian District." 17. a. General Office and Medical/Dental permit, subject to the criteria in RMC 4-9-030K.Residential units developed Offices: Size restrictions apply per as part of a same building mixed-use RMC 4-2-120A.Additionally, the use project are allowed at a maximum of may only be permitted via administra- sixty(60) du/acre if the requirements tive conditional use permit subject to for mixed use development in the the following criteria in addition to con- Business District Overlay are met. • ditional use criteria:(i)activities with a limited need for walk-in clientele and 19. Subject to the density limitations located in (ii) activities for which a reduction in the development standards for this zone. CN Zone—Additional:only permitted within parking standards to one space per five hundred (500) square feet of a structure containing retail and/or on-site gross floor space could be justified. =service uses on the ground floor. 20. Not allowed in locations within the Sunset b. Administrative Headquarters Office: New administrative headquar- Business District, the NE 4th Business Dis- ters offices are not permitted. For trict, and within the Puget Business District. existing, legal administrative head- 21. a. General Requirements:Allowed only quarters offices greater than three in conjunction with offices,residences, thousand(3,000) square feet in size, hotels, and convention centers, or and in existence prior to January 1, research and development facilities. 1999, the following expansions may b. Integration of Uses:The use shall be be allowed: (i)parking expansion may be allowed; (ii) a one-time expansion architecturally and functionally inte- of building square footage, not grated into the development. exceeding three thousand five hun- Except for marinas, the use must be dred (3,500) square feet, may be per- housed in a structure containing one or mitted subject to site development more of the uses listed in subsection plan review. This provision allowing (21)(a)of this Section.The requirements in expansion of building square footage subsection (21)(b) may be adjusted shall expire on December 1, 2006, throe aster Plan process. consistent with anyapproved develop- �cto_.. per i_pp P 22. Size restrictions apply use in RMC 4-2- ment agreements or covenants. 22. 120A. In the CN Zone,fast food establishments are prohibited. In the CV Zone,no office and 18. a. General Requirements: Subject to conference uses are allowed for parcels the density limits of the development standards for this zone and only per- 23. Limited to existing uses. Only those modifi- mitted within a structure containing cations or expansions which do not retail and/or on-site service uses on increase production levels are permitted in the ground floor except in the Employ- COR 1 and COR 2. Major modifications, ment Area Valley or Commercial Busi- production increases, or expansions of ness Districts, as described below. existing use require a Hearing Examiner (Revised 3/06) 2- 60 4-2-080A conditional use permit in COR 1 or COR 2. No modifications or expansions are allowed in COR 3. 24. Use requires a Hearing Examiner condi- tional use permit, unless accessory in which case it is outright permitted. Use is not permissible in the area south of 1-405 and north of SW 16th Street, unless acces- sory, in which case it is outright permitted. Explosives and natural gas storage are not permissible in the IL Zone. 2 - 60.1 (Revised 1/07) -., . I . _ This page left intentionally blank. --, , ) ) .1-: — (Revised 1/07) 2 - 60.2 4-2-080A 25. A preschool or day care center, when accessory to a public or communityfacilityland use designation. (See EAV map in RMC 4-2-080B.) However, amusement listed in RMC 4-2-060J, is considered a parks require a Hearing Examiner condi- permitted use. tional use permit. 26. Size restrictions apply per use in RMC 33. Indoor or outdoor recreational facilities and/ 4-2-120A. Must be part of a mixed use or eating and drinking establishments,mini- development. marts, laundromats, day care centers, or 27. Shall be architecturally and functionally adult day care II uses are permitted only in conjunction with and intended to serve res- integrated into the overall development. Freestanding establishments may be per idential development in the R 14 Zone. milted only if they are five thousand(5,000) Project size limitations of RMC 4-2-110F square feet or larger per establishment. apply.A preschool or day care center,when These requirements may be adjusted accessory to public or community facilities through the Master Plan review process. listed in RMC 4-2-060J, is considered a permitted use. 28. Accessory drive-through service is permit- ted only in association with multi-story 34. a. Accessory retail uses are permitted buildings.The accessory drive-through ser- where ordinarily incidental to the per- vice shall be located to the side and/or rear miffed principal use. of the building,and integrated into the exte- b. Principal retail sales uses are only per- dor wall. Drive-through lanes shall not be mitted in the Employment Area Valley located between the street and the main (EAV) land use designation. See EAV pedestrian access to the buildings. These Map in RMC 4-2-080B. requirements may be adjusted through the 35. Provided hives are established on lots a Site Plan review process. minimum of one acre in size.Setbacks and 29. Only allowed in the Employment Area Val- other limitations apply perRMC4-4-010, ley(EAV) land use de @i ation. See EAV Standards and Review Criteria for Keeping Map in RMC 4-2-080B. Provided that the Animals. use is excluded within the area south of 1-405 and north of SW 16th Street. 36. A greater number of animals per acre than are otherwise allowed in this zone may be 30. a. Uses are limited to: Sales of mobile permitted by the Hearing Examiner; pro- or manufacturedhomes, building/ vided: hardware/garden materials, lumber- yards, and monuments/tombstones/ a. The keeping of animals must meet the gravestones. conditions of RMC 4-4-010F, General Requirements for Keeping Animals; b. Location Restrictions: and i. Building/hardware/garden sales b. A farm management plan has been and monuments/tombstones/grave- adopted based on the King County stones sales are only allowed in the Conservation District's Farm Conser- Employment Area Valley(EAV) land vation and Practice Standards show- use designation. However, they are ing that adequate pasturage to excluded from the area south of 1-405 support a larger number of animals is and north of SW 16th Street. See EAV provided. Map in RMC 4-2-080B. 37. a. General Requirements: Subject to ii. Lumberyards are only allowed in requirements of RMC 4-4-010, Stan- the IM and IH Zones. However, they dards and Review Criteria for Keeping are excluded from the area south of Animals. Hobby Kennels require a 1-405 and north of SW 16th Street. Hobby Kennel License per RMC 31. Operations must be conducted entirely 4-9-100. within an enclosed structure. b. IL Zone—Kennels: In the IL Zone, 32. Outdoor recreation facilities are permitted when operations are predominantly only in the Employment Area Valley(EAV) conducted out of doors rather than 2 -61 (Revised 1/07) 4-2-080A completely enclosed within an 46. Eligible for an administrative conditional enclosed structure, an administrative use permit provided that the facility has a conditional use permit is required. minimum setback of one hundred feet c. IM Zone—Kennels and Hobby Ken- (100') from any adjacent residentially nets: Within the area south of 1-405 zoned parcel, otherwise a Hearing Exam and north of SW 16th Street only iner conditional use permit is required. indoor kennels or indoor hobby ken- 47. May be allowed by an administrative condi- nels are permitted. tional use permit if the monopole II facility is 38. Only allowed in the Employment Area Val- to be constructed on property where wire- ley(EAV) land use designation. See EAV less communication support structures Map in RMC 4-2-080B. presently operate,and the new monopole II facility will not exceed the height of the 39. Requirements for uses not associated with existing support structures. Prohibited if a medical institution: Use must be located located within three hundred feet(300') of within the Center Institution (CI)Compre- an RC, R-1, R-4, R-8, R-10, or R-14 Zone hensive Plan land use designation. unless the Development Services Division determines that all residentially zoned 40. Permitted when located within the Center property within three hundred feet(300')of Institution (CI) Comprehensive Plan land the proposed facility is undevelopable due use designation. to critical areas regulations(RMC 4-3-050); 41. Limited to the area south of 1-405 and west then the new wireless support structure can of SR-167/Rainier Avenue S. be reviewed as an administrative condi-. 42. Permitted only on the ground-floor level as tional use. part of a residential project on RM-U zoned 48. A Hearing Examiner conditional use permit properties fronting on South 7th Street. is required. However,this use is typically (Amd. Ord. 4971, 6-10-2002) prohibited if located within three hundred 43. Subject to the provisions of RMC 4-3-010, feet(300')of an RC,R-1, R-4,R-8,R 10,or Adult Retail and Entertainment Regula- R-14 Zone, unless the Development Ser- tions, and chapter 5-12 RMC, Adult Enter- vices Division determines that all residen- tially zoned property within three hundred feet(300') of the proposed facility is unde- shall be developed as part of larger office velopable due to critical areas regulations structures, shall not stand alone, and shall not occupy more than twenty five percent (RMC 4-3-050), in which case the new (25%) per building whose primary use is wireless support structure can be reviewed office. as a Hearing Examiner conditional use per- mit. 44. Permitted provided that the facility has a 49. Whether emergency or routine, so long as minimum setback of one hundred feet there is little or no change in the visual (100') from any adjacent residentially appearance, as determined by the Zoning zoned parcel, otherwise an administrative Administrator. conditional use permit is required. 45. 50. a. General Requirements: Permitted For Monopoles Proposed on Private subject to the applicable density limita- Property: May be allowed via a Hearing tions,building length,and dwelling unit Examiner conditional use permit;provided, that the site is over one acre in size and the type mix requirements of the develop- mentfacility has minimum setbacks of one hun- dred standards for this zone. feet (100')from any adjacent residen- b. R-10 Zone: Limited to no more than tially zoned parcel; otherwise the use is four(4) attached dwellings per build- prohibited. ing. For Monopoles Proposed on Public c. R-14 Zone:Buildings shall not exceed Right-of-Way: May be allowed via an six (6) dwelling units per structure administrative conditional use permit and except as provided in RMC 4-9-065D, right-of-way use permit. Bonuses. (Revised 1/07) 2- 62 4-2-080A 51. a. General Requirements: No animals administrative conditional use permit are allowed on lots less than one acre is required. in size.Animal husbandry uses are subject to the standards listed in RMC b. Adult day care I on a property contain- 4-4-010, Standards and Review Crite- ing a residential use requires an ria for Keeping Animals. Only combi- administrative conditional use permit nations of medium and small animals in any location. or large and small animals may be per- 56. Except not permissible within the Employ- miffed outright on one acre, provided ment Area Valley(EAV). (See EAV Map in that the overall total of animals is con- RMC 4-2-080B.) sistent with the requirements per acre (for example, twenty(20) small ani- 57. Only allowed in the Employment Area Val- ley(EAV) land use designation, unless the mals plus four(4) medium animals). use is accessory in which case it is allowed b. R-8 and R-10 Zones—Small Ani- outside the EAV. See EAV Map in RMC mals: Only six (6) or fewer small ani- 4-2-080B. mals per acre are permitted. 58. Only allowed in the Employment Area Val- c. R-8 and R-10 Zones— Large Ani- ley(EAV) land use designation. See EAV mals: Large animals are permitted on Map in RMC 4-2-080B.Outside of the EAV, lots four(4) acres or greater in size. use is allowed as an administrative condi- Only one large animal per two (2) tional use. acres is permitted. 59. Excluded within the area south of 1-405 and 52. Permitted when ancillary to a permitted use north of SW 16th Street. where food and beverages are served on the premises and located in an area with an 60. Subject to the size restrictions of RMC Employment Area Valley(EAV) land use 4-2-120A. Retail sales uses are limited to: designation as shown on the City's Corn- marts; om flowers/plants and floral supplies; mini marts; crafts, including supplies and fin- prehensive Plan Land Use Map, and located south of 1-405. In the case of the IM ished products, gift shops, and specialty Zone, the location is further limited to IM- markets. zoned areas south of SW 16th Street. 61. No drive-through service shall be permit- Should any court of competent jurisdiction ted, except for financial institutions which find that the City zoning for card rooms is are permitted three (3) accessory drive-up unconstitutional or illegal, then the City windows that shall be part of the exterior elects to permit the existing card rooms to wall of the financial institution structure. continue operation as nonconforming legal uses and otherwise bans card rooms. 62. Outside the Employment Area Valley(EAV) land use designation (see EAV Map in 53. Provided a temporary use permit is RMC 4-2-080B),drive-through is permitted obtained consistent with the provisions of only when accessory to a financial institu- RMC 4-9-240, Temporary Use Permits. tion. Financial institutions are permitted 54. Allowed outright in the Employment Area three (3) accessory drive-up windows that Valley(EAV) land use designation. (See shall be part of the exterior wall of the finan- EAV Map in RMC 4-2-080B.) Outside the cial institution structure. Within the EAV, EAV, the use shall be developed as part of drive-through-service is permitted. larger office structures.Such uses shall not 63. Subject to the size restrictions of RMC stand alone and shall not occupy more than 4-2-120A. On-site services excluding dry twenty five percent (25%) per building cleaning, real estate offices, and fitness whose primary use is office. centers. 55. a. Adult day care I on a property with a 64. Limited to storage in association with rental nonresidential facility is only allowed services. In the CV Zone and within one outright in the Employment Area Val- thousand two hundred feet(1,200') of NE ley(EAV). See EAV Map in RMC 4th Street within the NE 4th Corridor, an 4-2-0806. Outside of the EAV, an administrative conditional use permit is required. Not allowed within one thousand 2-62.1 (Revised 3/06) 4-2-080A two hundred feet(1,200') of Sunset Boule- 70. No drive-through service shall be permit- yard within the Sunset Corridor. Size ted, except for multi-story financial institu- restrictions apply per RMC 4-2-120A. tions which are permitted three (3) 65. Allowed outright in the Employment Area accessory drive-up windows. The acces Valley(EAV) land use designation. (See sory drive-through service shall be located EAV Map in RMC 4-2-080B.) Outside the to the side and/or rear of the building, and EAV, the use is limited to health clubs/fit- the windows shall be part of the exterior wall. Drive-through lanes shall not be ness centers/sports clubs,which shall be developed as part of larger office struc- located between the street and the main tures. Such uses shall not stand alone and pedestrian access to the buildings. These shall not occupy more than twenty five per- requirements may be adjusted through the cent(25%)of any one floor of a building Site Plan review process. whose primary use is office. 71. Only allowed in the Employment Area Val- 66. Requires a Hearing Examiner conditional ley(EAV) land use designation south of use permit, except that electrical power 1-405 subject to a Hearing Examiner Condi- generation and co-generation is permitted tional Use Permit. See EAV Map in RMC as an accessory use when located more 4-2-080B. than one hundred feet(100') from any No secure community transition facility property zoned for residential use, i.e. RC, (SCTF) shall: R-1, R-4,R-8, R-10,R-14, RM,and produc a. House more than six persons, exclud- ing less than ten(10)megawatts of electric- ity. In the CO Zone, the use must be .ing resident staff. Any increase in the accessory to a medical institution. number of resident beds shall require an entirely new application. 67. Chemical and allied products manufactur b. Be allowed within three hundred thirty ing operations, or operations which are feet (330') of any residential zone conducted predominantly out of doors, located within ce utside the City limits. require a Hearing Examiner conditional use permit in the IM Zone, and an administra- c. Be allowed adjacent to, abutting, tive conditional use permit in the IH Zone, across a parking lot from,or within the except that these uses are not permissible "line of sight"from a"risk potential in the area south of 1-405 and north of SW activity"as defined in RCW 71.09.020, 16th Street. now or as hereafter amended, or risk 68. Within the NE 4th Business District, within potential facilities in existence at the the Sunset Business District and within the time a site is listed for consideration. Puget Drive Business District: For the purposes of granting a Condi- tional Use Permit for siting an SCTF, a. Uses are subject to the size restric- the Reviewing Official shall consider a tions of RMC 4-2-120A,and permanent, unobstructed visual dis- b. Within Puget and Sunset Business tance of six hundred feet (600')to be Districts, department stores are not within line of sight."The Reviewing permitted. 69. Within the NE 4th Business District, within the Sunset Business District and within the Puget Drive Business District, uses are subject to the size restrictions of RMC 4-2-120A. Within the Sunset and Puget Business Districts, only the following on- site services are permitted: entertainment media rental, financial and real estate ser- vices, and repair services (excluding auto repair). Rental services require an adminis- trative conditional use permit. • (Revised 3/06) 2-62.2 4-2-080A Official may reduce the distance to levard Commercial Corridor within the less than six hundred feet(600') Commercial Arterial (CA)Zone. through the Conditional Use Permit process, if the applicant can demon- 73. Within the Center Village Zone,Residential strate that a visual barrier exists or can Bonus District, "residential only uses"are be created that would reduce the line limited to townhouse development in the of sight to less than six hundred feet range of seven (7) to twenty(20) dwelling (600').Risk potential facilities currently units per net acre.Garden style apartments include, but are not limited to: are prohibited. Flats or townhouses, when in a mixed-use structure that combines res- • Community and recreation cen- idential with first floor commercial uses, ters, have a maximum density of eighty(80) • Churches,synagogues,temples dwelling units per net acre. Projects within and mosques, the Center Village are also subject to the provisions and development standards in • Licensed day care, RMC 4-3-095C and D, Center Village Res- • Licensed preschool facilities, idential Bonus District. • Public libraries, Attached dwelling unit developments in the range of ten (10)to twenty(20) dwelling • Public parks, units per net acre may only be townhouse • Public and private schools, unit types. • School bus stops, 74. a. Flats permitted only north of N. 8th Street unless part of a mixed use • Sports fields, or structure with ground-floor commer- • Publicly dedicated trails. cial. Flats are permitted with a maxi- mum density of eighty five (85) d.u./ d. Be locatedhin one mile from any net acre.All residential parking except SCTF, work release, prerelease, or that intended for guests is required to similar facility. be located in structured parking. A "Distance"referenced in paragraphs b, c, bonus of up to one hundred fifty(150) and d of this section is measured by follow- d.u./net acre permitted for flats in a ing a straight line from the nearest point of mixed use structure with ground floor the building in which the secure community commercial uses within them. treatment facility is to be located, to the b. Townhouses: Parking is required to nearest point of the zoning boundary line or be provided under a structure.A max- property line of the lot on which the buffered imum height of three stories is allowed use is located. for townhouses. Minimum density of The City may impose conditions to mitigate twenty (20) d.u./net acre permitted any potential adverse impact of the SCTF and maximum of twenty five (25) d.u./ on surrounding uses, except that the Con net acre permitted. ditional Use Permit conditions may not 75. Only permitted west of Park Ave.and south impose restrictions on the SCTF greater of N. 8th Street. than those set forth in RCW 71.09.285 through 71.09.340 inclusive. 76. Only Grades 9 through 12 permitted. 72. Big-box retail uses are subject to compli- 77. a. Only permitted north of N. 8th Street ance with design regulations applicable to and as part of a mixed use structure. District 'C'as detailed in RMC 4-3-100, b. Limited to training related to research except in the Employment Area—Valley and development, arts, computer sci- south of Interstate 405. ences, business, culinary arts, medi- Big-box retail uses are not permitted in the cal-related fields and/or other NE 4th Street Commercial Corridor, Puget knowledge-based industries. Commercial Corridor, and NE Sunset Bou- 78. No freestanding structures permitted unless architecturally and functionally inte- 2- 62.3 (Revised 6/05) 4-2-080A grated into an overall shopping center or 86. Limited to airplane manufacturing, biotech- mixed use development. nology,life science,information technology (i.e.,hardware, software, computer compo- 79. a. Must function as an anchor to larger vents), or other high technology industry. retail developments that are planned as part of an integrated and cohesive 87. a. Attached Dwelling Units,General: center. Not allowed within one thousand feet b. (1,000') of the centerline of Renton Big-box use must be connected to Municipal Airport runway.Permitted as additional structures within a shopping mixed use structures with ground-floor center with supporting retail or service commercial except that parcels may uses structures with common walls,or be developed exclusively for attached plazas, or other similar features, dwelling units if: excluding pushcarts/kiosks. i. The entire frontage of the block is c. Buildings oriented along Park Avenue residential, must have one or more pedestrian entries on Park Avenue. ii. Support facilities such as exer- cise facilities, lobbies, etc., face 80. Drive-through windows must abut a build- the street frontage and living ing facade or wall and must be located areas are in the rear, or within the building footprint. iii. Entries to attached dwelling units 81. No stand-alone structures smaller than five thousand (5,000)square feet,except for are slightly elevated above the sidewalk level. pushcarts/kiosks, unless architecturally and functionally integrated into a shopping b. Stacked Flats: In addition to required center or mixed use development. provisions of attached dwelling units, 82. a. Multi-story,stand-alone retail buildings general, above, the following provi- greater than seventy five thousand sions are required: (75,000)square feet are allowed only i. Structured parking is required with structured parking and a maxi- north of N. 8th Street. mum building footprint of sixty five ii. South of N. 8th Street,only guest thousand (65,000) square feet. parking may be provided as sur- b. No freestanding structures smaller face parking. than five thousand(5,000)square feet iii. A minimum of twenty (20) dwell- are permitted, unless architecturally ing units per net acre are and functionally integrated into overall required. shopping center or mixed use devel- opment. c. Townhouses: In addition to required provisions of attached dwelling units, c. Buildings oriented along Park Avenue must have one or more pedestrian general, above, a minimum density of entries on Park Avenue. twenty(20)dwelling units per net acre is required. 83. a. Movie facilities with more than four(4) 88. a. Not permitted within one thousand feet screens must be architecturally and (1,000') of the centerline of Renton functionally integrated into overall Municipal Airport runway. shopping center or mixed use devel- opment. b. Structured parking is required north of b. Buildings oriented along Park Avenue N. 8th Street. must have one or more pedestrian c. Buildings oriented to pedestrian entries on Park Avenue. streets must have ground-floor corn- 84. Permitted subject to the conditional use cri- mercial uses within them. teria regarding airport compatibility located 89. Not permitted within one thousand feet in RMC 4-3-020. (1,000') of the centerline of Renton Munici- 85. Only permitted south of N. 8th Street. pal Airport runway. (Revised 6/05) 2-62.4 4-2-080A 106. Only structured park and rides are permit- ted in the Center Village Comprehensive Plan designation. 107. Only structured park and rides are permit- ted. ) 108. Permitted on existing parking required as accessory parking for a nonresidential use. 109. Not permitted in the area bounded by SW 7th Street, Shattuck Avenue,Airport Way and Hardie Avenue except when part of a mixed-use transit oriented development with structured parking. 110. Limited to existing fueling stations in the Commercial Neighborhood(CN)Zone. (Ord. 4186, 11-14-1988; Ord. 4404, 6-7-1993; Ord. 4432, 12-20-1993; Ord. 4466, 8-22-1994; Ord. 4631, 9-9-1996;Ord. 4736,8-24-1998;Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4827, 1-24-2000; Ord. . 4840,5-8-2000;Ord.4847,6-19-2000;Amd.Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 5001, 2-10-2003; Ord. 5018, 9-22-2003;Ord. 5027, 11-24-2003; Ord. 5028, 11-24-2003; Ord. 5080, 6-14-2004;Ord. 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5191, 12-12-2005; Ord. 5241, 11-27-2006) (Revised 1/07) 2 -62.6 4-2-080A 90. Structured parking required north of N. 8th c. Buildings oriented to pedestrian Street. streets must have ground-floor com- 91. a. Not permitted within one thousand feet mercial uses within them. (1,000') of the centerline of Renton 97. The use shall be architecturally and func- Municipal Airport runway. tionally integrated into a larger mixed use b. Structured parking required north of N. development. 8th Street. 98. a. Not permitted within one thousand feet c. If located north of N. 8th Street, then (1,000')of the centerline of Renton must be located in a mixed use struc- Municipal Airport runway. ture. b. Structured parking is required. d. Buildings oriented to pedestrian c. Buildings oriented to pedestrian streets, must have ground-floor corn- streets must have ground-floor com- mercial uses within them. mercial uses within them. 92. a. Structured parking required north of N. 99. Must be located within a mixed use struc- 8th Street. ture. b. Buildings oriented to pedestrian 100. a. Not permitted within one thousand feet streets must have ground-floor corn- (1,000') of the centerline of Renton mercial uses within them. Municipal Airport runway. c. Must be located within a mixed use b. Must be located within a mixed use • structure. • structure. • 93. a. Structured parking required north of N. 101. a. Not permitted within one thousand feet 8th Street. (1,000') of the centerline of Renton b. Buildings oriented to pedestrian Municipal Airport runway. streets must have ground-floor corn- b. Permitted only south of N.8th Street. mercial uses within them. c. Buildings oriented to pedestrian 94. a. Must be located within a mixed use streets must have ground-floor corn- structure. mercial uses within them. b. Structured parking required north of N. 102. Buildings oriented to pedestrian streets 8th Street. must have ground-floor commercial uses 95. a. Multi-story,stand-alone retail buildings within them. greater than seventy five thousand 103. Structured parking is required. (75,000)square feet are allowed only 104. a. Limited to airplane manufacturing and with structured parking and a maxi- related accessory uses, biotechnol- mum building footprint of sixty five thousand (65,000)square feet. ogy, life science, information technol- ogy(i.e., hardware, software, b. Structured parking required north of N. computer components), or other high 8th Street. technology industry. 96. a. Not permitted within one thousand feet b. For uses other than airplane manufac- (1,000') of the centerline of Renton turing and related accessory uses, Municipal Airport runway.Beyond one structured parking required north of N. thousand feet(1,000')of the centerline • 8th Street. of the Renton Municipal Airport run- way,this use is allowed subject to the c. For uses other than airplane manufac- conditional use criteria regarding air- turing and related accessory uses, buildings oriented to pedestrian port compatibility located at RMC streets must have ground-floor corn- 4-3-020. mercial uses within them. b. Structured parking required north of N. 105. Not permitted when west or north of 1-405. 8th Street. 2-62.5 (Revised 1/07) 4-2-050A B. DIFFERENCES IN STREET LAYOUT: 4-2-040 ZONING REGULATION Where the street layout actually on the ground INTERPRETATION: varies from that shown on the Zoning District Maps, the designations shown on the maps shall A. WIRELESS COMMUNICATION be applied to the street as actually laid out so as FACILITIES: to carry out the intent and purpose of the zoning plan of that district. 1. Entire Lot Considered: For purposes of C. CONFLICT BETWEEN ZONING MAP determining whether the installation of a AND CHAPTER TEXT: tower or antenna complies with zoning devel- If any conflict exists between the Zoning District opment regulations, including but not limited to setback requirements, lot coverage re- Map and the text of this Chapter, the text of the Chapter will prevail. quirements and other such requirements,the dimensions of the entire lot shall control,even D. CONFLICT BETWEEN ZONING MAP though antennas or towers may be located on AND LEGAL DESCRIPTION OF REZONE leased parcels within such lots. ORDINANCE: 2. Installation Not Considered an Expan- If any conflict exists between the adopting Zoning sion of Nonconformity:Towers constructed Map of the City and the text of any rezone ordi- and antennas installed in accordance with the nance for any particular parcel of property, the provisions of this Chapter shall not be adopted Zoning Map will govern. Once any con- deemed to constitute the expansion of a non- flict is shown to exist, the City Council shall ask conforming use or structure.A different exist- the Administration to determine the source of the ing use of an existing structure on the same conflict and to make a recommendation for any lot shall not preclude the installation of an an- future action by the Council.The Council will hold tenna or tower on such lot. a public hearing todetermine if it wishes to take any action to resofive the conflict. Notification of (Ord. 4689, 11-24-1997;Amd. Ord.4963, the public hearing will be given to the property 5-13-2002) owners and parties of record to the rezone. E. DESIGNATION OF SPECIAL ZONING 4-2-050 PERMITTED LAND USES CATEGORIES AND TIME LIMITATIONS: ESTABLISHED: Properties having a zoning category subject to a time limitation, such as a Planned Urban Devel- A. CATEGORIES OF USES opment approval or reversionary zoning, and ESTABLISHED: those properties under contract rezone shall be This Section establishes permitted, conditional; specially designated on the Zoning Map to indi- accessory and prohibited uses, by zone,for all cate their special nature and give notice to the properties within the Renton City Limits.All uses public that further inquiry into their zoning status in a given zone are one of six(6)types: is necessary. (Ord. 5153, 9-26-2005) PERMITTED USES: Land uses allowed out- F. ANNUAL MAP UPDATE: right within a zone. The Zoning Map of the City of Renton shall be up- dated and presented to the Council on an annual CONDITIONAL USES(ADMINISTRATIVE): basis for adoption by the Council as the formal Land uses which may be permitted within a and legal zoning classification for the properties zoning district following review by the Devel- within the corporate limits of the City. opment Services Division Director to estab- lish conditions mitigating impacts of the use (Ord. 1472, 12-18-1953; Ord. 3101, 1-17-1977; and to assure compatibility with other uses in Ord. 4302, 12-17-1990;Amd. Ord. 4963, the district. 5-13-2002) CONDITIONAL USES (HEARING EXAM- INER): Uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject 2-7 (Revised 12/05) 4-2-050B to review by the Hearing Examiner to estab- P Permitted Use lish conditions to protect public health,safety AD Conditional Use—Administrative and welfare. H Conditional Use—Hearing Examiner AC Accessory Use ACCESSORY USES: Uses customarily inci- dental and subordinate to the principal use 2. Other Requirements Applicable: The and typically located upon the same lot occu- above uses are subject to the review proce- pied by the principal use. Some accessory dures specified in chapter 4-9 RMC, Permits uses are specifically listed,particularly where —Specific,the development standards of a use is only allowed in an accessory form, chapters 4-3,Environmental Regulations and whereas other accessory uses are deter- Overlay Districts,4-4,City-Wide Property De- mined by the Development Services Division velopment Standards, and 4-6, Street and on a case-by-case basis per RMC 4-2-050C4 Utility Standards, and may be subject to addi- and C6, Accessory Use Interpretations and tional conditions as noted in subsection C3 of Unclassified Uses. this Section.The Aquifer Protection Regula- tions of RMC 4-3-050, Critical Areas Regula- PROHIBITED USES: Any use which is not tions,further restrict usage of those specifically enumerated or interpreted by the properties located within the Aquifer Protec- City as allowable in that district. Any use not tion Area Boundary shown in RMC 4-3-050Q, specifically listed as a permitted,conditional, Maps. or accessory use is prohibited, except those uses determined to be unclassified and per- 3. Additional Use-Related Conditions: If miffed by the Development Services Division a number also appears at the intersection of Director pursuant to RMC 4-2-04006. Any the column and the row, the use is also sub- prohibited use is illegal and is a misdemeanor ject to the additional requirements as listed punishable under RMC 1-3-1. immediately following the use table in RMC 4-2-080, Conditions Associated with Zoniin UNCLASSIFIED USE:A use which does not Use Tables.All applicable requirements sha appear in a list of permitted,conditionally per- - govern a use whether specifically identified in milted, or accessory uses, but which is inter- this Chapter or not. preted by the Development Services Division Director as similar to a listed permitted, con- 4. Accessory Use Interpretations: The ditionally permitted or accessory use,and not Development Services Division Director may otherwise prohibited, pursuant to RMC determine if an unclassified use or a classi- 4-2-050C6, Unclassified Uses. (Ord. 5159, fled use, even if not specifically listed as ac- 10-17-2005) cessory(AC), is permitted as an accessory B. ZONING USE TABLES ESTABLISHED: use in a zone. Upon inquiry by an applicant, an administrative interpretation shall be The following tables establish whether a specific made by the Development Services Division use is permitted in a zoning district and whether Director to determine if a proposed use is al- the use is allowed as"permitted,""conditional,"or lowed as an accessory use utilizing the rules "accessory" use. The zone is located on the hori- of interpretation in subsection C4a of this zontal row and the specific use is located on the Section. If the applicant does not concur with vertical column of these tables. the interpretation of whether a use is acces- sory or with the permit type applied to a use, C. INTERPRETATION OF ZONING USE appeal may be made pursuant to RMC TABLES: 4-8-110. Interpretations made by the Devel- opment Services Division Director shall be 1. Legend: The following letters have the documented, and updates to Title 4, when following meanings when they appear in the consistent with the title format and level of de- box at the intersection of the column and the tail,shall incorporate"accessory use"inter- row: pretations upon approval by the legislative authority. (Revised 12/05) 2 -8 4-2-050C a. Rules of Interpretation for Acces- Development Services Division Director's in- sory Uses: To determine whether a use terpretation indicates that an unlisted use is is permitted as accessory, the Develop- not consistent with the permitted, conditional ment Services Division Director shall uti- or accessory uses in any district, or if a party lize the following rules of interpretation: does not concur with the permit type applied to a use, appeal may be made pursuant to i. If a use is allowed or conditionally RMC 4-8-110. Interpretations made by the allowed in a zone as a"permitted" Development Services Division Director shall use,accessory uses associated with be documented, and updates to Title 4,when the primary use that are determined consistent with the title format and level of de- to be incidental, necessary and corn- tail, shall incorporate"unclassified use"inter- monly found with the permitted use pretations upon approval by the legislative may be allowed with the same permit authority. type as the primary use, unless spe- cifically stated otherwise. a. Criteria for Unclassified Uses: In order to make a determination that an un- ii. If a use is permitted or condition- classified use is permitted, conditionally ally permitted as a primary use,sub- permitted or accessory,the Development ject to location restrictions,the listed Services Division Director must find that use, even as an accessory use, is the use is: also subject to the same location re- strictions as the primary use, unless i. In keeping with the purpose and specifically stated otherwise. For ex- intent of the zone, and consistent ample, if a use is restricted to a loca- • with the Renton Comprehensive tion within the Employment Area Plan policies; and Valley (EAV) land use designation, then the accessory form of the use is ii. Similar in nature to, and no more only permitted in the EAV, unless intense than, a specifically listed per- specifically stated otherwise. miffed,conditional or accessory use; and iii. Required parking, required site utilities/facilities, and other develop- iii. Consistent with subsection C4 of ment standards required in order to this Section, if determined to be per- establish or operate a use on a site missible as an accessory use. according to the RMC are consid- ered accessory. 7. Use Table Conflicts: In the event of a conflict between RMC 4-2-060, the Master 5. Prohibited Uses: If no symbol appears Zoning Use Table and any other individual in the box at the intersection of the column zoning use tables, RMC 4-2-070A through and the row, the use is prohibited in that dis- 4-2-070S, the provisions of RMC 4-2-060 trict unless otherwise determined by the De- shall have priority. velopment Services Division Director, pursuant to this subsection C6 of this Section, 8. Existing Legal Uses: Where the term Unclassified Uses, or subsection C4,Acces- "existing"or"existing legal"follows a listed sory Use Interpretations. use type within the table(s) (e.g.,flats or townhouses, existing legal), then those uses 6. Unclassified Uses: Upon inquiry by an that can document their legal status,are con- applicant, an administrative interpretation sidered to be a permitted use given all the shall be made by the Development Services rights of other permitted uses within the dis- Division Director to determine if a proposed trict. In addition,these uses may be rebuilt use not specifically listed is allowed utilizing "as is, where is"should they suffer damage. the criteria in subsection C6a of this Section. These uses may be remodeled without limita- Should interpretation be made that a pro- tion on value and may be enlarged subject to posed, unlisted use not be allowed in a spe- current code requirements(e.g.,height limits, cific zoning district,the Director shall indicate lot coverage, density limits, setbacks, park- which zones, if any, do permit the use. If the 2-9 (Revised 12/05) a 4-2-050C ing, etc.), unless otherwise specifically condi- tioned in RMC 4-2-080. (Ord. 4523, 6-5-1995; Ord. 4549, 8-21-1995, • 2-12-1996;Ord.4587, 3-18-1996; Ord. 4595, 4-8-1996; Ord. 4851, 8-7-2000; Ord. 4782, 5-24-1999;Amd.4963, 5-13-2002) • (Revised 12/05) 2- 10 t.11GtpLy. 1 /3-UV VVI-IL • E. RESIDENTIAL-8 DU/ACRE (R-8): The Residential-8 Dwelling Units Per Net Acre Zone (R-8) is established for single family residential dwellings allowing a range of four(4)to eight(8)dwelling units per net acre. It is intended to implement the Single Family Land Use Comprehensive Plan designation. Development in the R-8 Zone is intended to create opportunities for new single family residential neighborhoods and to facilitate high-quality infill development that promotes reinvestment in existing single family neighborhoods. It is intended to accommodate uses that are compatible with and support a high-quality residential environment and add to a sense of community. Interpretation of uses and project review in this zone shall be based on the purpose statement, objectives and policy direction established in the Residential Single Family land use designation, Objective LU-FF, Policies LU-147 through LU-156, and the Community Design Element of the Comprehensive Plan. 12/06/00 Y CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: 6:7 . L) 1 I Submitting Data: AJLS/Mayor's Office For Agenda of: November 19, 2007 *41.001 Dept/Div/Board.. Fire and Emergency Services Department AJLS/Mayor's Office Staff Contact Marty Wine, x6526 Agenda Status Chief I. David Daniels, x7083 Consent X Subject: Public Hearing.. Addendum to extend Renton's operating agreement Correspondence.. with King County Fire District 25 for two additional Ordinance years, through 2009 Resolution X Old Business Exhibits: Issue Paper New Business Resolution Study Sessions 1996-2007 Contract Information Draft Contract Addendum Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment itioi Amount Budgeted Revenue $1,422,829 (2007) Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The ten-year operating agreement between Renton and King County Fire District 25 began in 1996, and was extended in 2005 through the end of 2007. In order to continue the current agreement, a second addendum has been prepared extending the term of the agreement for another two years, through the end of 2009. The second addendum, negotiated between the City and FD 25 Board, extends the current agreement for two years and maintains the District's property tax levy of$1.25 per $1,000 assessed valuation as payment to the City for the current level of service. STAFF RECOMMENDATION: Approve a contract addendum with King Co. Fire Protection District No. 25 extending the term through 2009, and adopt the resolution. Rentonnet/agnbill/ bh (C) O� ADMINISTRATIVE, JUDICIAL, AND • ® , LEGAL SERVICES DEPARTMENT ,Nry0 MEMORANDUM DATE: November 15, 2007 TO: Toni Nelson, Council President Members, Renton City Council VIA: .J'y. Kathy Keolker, Mayor -ceirFROM: Marty Wine, Assistant CAO (x6526) STAFF CONTACT: David Daniels, Administrator, Fire & Emergency Services Dept SUBJECT: Fire District 25 Agreement Addendum ISSUE Authorization of an extension of the agreement with Fire District 25 for the years 2008-2009. BACKGROUND Now In January, 2006, Renton extended its ten-year operating agreement with King County Fire District 25 through the end of 2007. During that time, the District agreed to continue to pay the City$1.25 per thousand dollars of the District's assessed valuation. Based on a current district AV of$1.145 billion, approximately$1.42 million was remitted to the city in 2007. The agreement and extension envisioned that the District's entire jurisdiction was likely to be annexed by the end of 2007. However, with the East Renton annexation rejected by voters in February 2007 and the prospect of incremental developer-proposed annexations of the area, it could be another six to ten years before the District would be dissolved. (State law provides that when a single annexation removes sixty percent or more of a fire district's AV, the District may elect by a majority vote of those remaining unincorporated to ask the City to provide services.) Since the inception of the agreement, Fire District 25 has levied $1.25 per$1000 of assessed valuation to generate revenue to make a payment to Renton for fire and emergency services. Fire District 25's AV and geographic territory make up a relatively small share of the service area of the Renton Fire &Emergency Services Department, comprising 393 of 4,615 calls (no more than 8% of the total responses as of mid-year 2007), which represents a relatively small proportion of total city-wide fire and emergency services costs. Although the District's cash payment to the City has been less than the calculated cost of service at City of Renton levels, there are substantial efficiencies and economies of scale that the City benefits from via contract with Fire District 25, including the beneficial location of Station 16, and the financial 'ter' support received from Hospital District 1 (Valley Medical) that is transferred to Renton in Denis Law,Chair,Council Public Safety Committee Page 2 of 2 November 15,2007 addition to the $1.25 per $1000 assessed valuation that is levied. In addition, over the past ten years, the District has further built its cash reserves, has purchased equipment (pumper trucks and an aid car), and has transferred all but 10% of the ownership of Station 16 to the City of Renton. The proposed contract extension to 2008 achieves the following: • Services to be provided by City. Because the District Secretary responsibilities were transferred to a City of Renton employee effective July, 2007, the City takes responsibility for these services and one-half of the salary and benefits are charged to the District quarterly, with City responsibility for workload reporting. All references to the District employee are struck from the agreement. • Payment by District and transfer of remaining assets regarding the cost of all major repairs extended to 2009. • 1.10 Personnel Assignment revised to show by four on-duty personnel 24 hours a day 365 days per year. If the majority of the District remains unincorporated, Fire District 25 Board of Commissioners will have the option of placing before voters the question of requiring Renton to provide its fire and emergency medical services. Fire District 25 and the City have the option to renegotiate the contract during the years 2008- 2009 to reflect the current situation. During that time, the City should expect to address the following issues: • Funding support for services at the maximum allowable levy of$1.50 per $1000 assessed valuation, or the combination of reimbursement from available revenues that maximizes full cost recovery for services for the City. • LEOFF I liability for three employees, estimated to be $700,000 (the actuarially- determined lifetime cost of uninsured medical expenses for those retiring prior to 1996. Fire District 25's cash reserve amount is currently sufficient to cover some part of this liability. • Support for the administrative and financial support services for the District, currently handled by the City's District Liaison. The addendum provides for the District to pay for one-half of the salary of the Liaison position. It is envisioned that potential future contracts with other fire districts would reimburse the remaining portion. • Disposition of the Fire District 40 cash reserves. The City agrees not to seek transfer of asset for any individual annexation of less than 60% of the District. RECOMMENDATION Authorize the Mayor and City Clerk to enter into an interlocal agreement with Fire District 25 extending the current agreement for two years from 2008-2009. c:\docume'—1\bwalton\locals-1\temp\fd issue paper 111207.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH FIRE DISTRICT #25 REGARDING CONTINUING OPERATION OF FIRE DISTRICT #25 BY THE CITY OF RENTON FIRE DEPARTMENT. WHEREAS, Fire District #25 has a continuing need for fire and emergency medical services, and WHEREAS, the City of Renton has been providing such fire and emergency medical services under contract to Fire District #25, and WHEREAS,Fire District#25 and the City of Renton believe it would be advantageous to extend that contract for a two year period; fir y NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with Fire District #25 for provision of necessary fire services to Fire District #25. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1307:10/30/67:ch Nind 2 CAG-95-087 • 14110+r AGRE:EM I T=::::Fa R::..:FTRE: _:AND::;tW1 gOtOCi' M I3I L'<' 1171;GE. tC1:;,L:OINNT: :..; 11?ER2 ION OF FACILI:T IES; This agreement is entered into between the CITY OF RENTON, a municipal corporation, hereafter referred to as "City, " and KING COUNTY FIRE PROTECTION DISTRICT No. 25, a municipal corporation, hereafter referred to as "District. " A. The District contracts with the City for the City to provide fire suppression, emergency medical, and fire prevention services to the area within the boundaries of the District. B. This agreement is entered into by the City under the authority of RCW 35A. 11 . 040 and the District under the authority of RCW 52 . 12 . 031 and in conformity with RCW 39 . 34, the Interlocal Cooperation Act . C. It is the purpose of this agreement to provide the terms and conditions under which the City will provide services to the District . To carry out the purposes of this agreement and in Now consideration of the benefits to be received by each party, it is agreed as follows : 1 . 1 Services to be provided by City. The City agrees to provide all fire department services that are provided within City boundaries to the District excluding the services that the King County Fire Marshal ' s office provides . The City assumes no liability for failure to provide fire and emergency medical protection by reason of any circumstances beyond its control . In the event of simultaneous fires or emergency medical calls within the City and outside of the City whereby facilities of the City are taxed beyond its ability to render equal protection, the officers and agents of the City shall have discretion as to which call shall be answered first and shall be the sole judge as to the most expeditious manner of handling and responding to said calls . The City shall furnish all personnel required to perform the services described above; subject, however, to the discretion of the City in dispatching and staffing for simultaneous fires and emergency medical calls, as stated above. The City agrees to provide all administrative services for the District and all clerical services except those provided by the District Secretary. It is the intent of the District to employ, during the first ten (10) years of the contract, a District Secretary (Administrative Secretary) who, in addition to other duties, will perform the clerical tasks of the District, AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 1 including the secretarial duties for the Board of Commissioners . In any event the District intends to employ at least one full- time employee for the next ten years . In the event of an agreement between the District and the City to change the duties of the one full-time employee during the first ten years of the contract, the City would continue to provide administrative, as well as clerical services, for the District. After ten (10) years the City will provide all administrative and clerical services for the district, including the secretarial duties of the Board of Commissioners. 1 .2 Payment by District. The District will collect revenues from property taxes during the first ten (10) years of the contract. The District shall pay to the City from property taxes received, a fee for services rendered at a rate of $1 . 25 per thousand of assessed valuation of the District. At the end of ten (10) years the property taxes collected by the District and paid to the City will change to reflect the amount the District can currently collect without an • employee. The District will turn over all revenues collected annually as payment for service rendered (in accordance with this contract) . The revenue described above does not include interest accrued on the $400, 000. 00 reserve account described later in this document. Emergency Medical Service levy revenues, Basic Life Support (BLS) will be paid directly to the City and shall be in addition to the aforementioned revenues. The District agrees to transfer certain assets to the City in the first year of this agreement . The assets to be transferred include: a. 10% ownership of the District Fire Station located at 12923-156th Avenue, S.E. , Renton. b. (F2509) - 1987 Ford Aid Unit. c. (F2512) - 1992 Ford Explorer. d. Universal Gym Set located at Station No . 12 . e . (12) Twelve each MSA units with spare bottles . The District agrees at the end of ten (10) years to transfer all remaining assets, liabilities and future liabilities to the City of Renton, except for: • 10% of Fire Station No. 16 (12923-156th Avenue, S.E. , Renton) , which will remain as a part of the District assets as long as the District exists . AGREEMENT FOR FIRE AND EMERGENCY MEDICAL • SERVICE&JOINT OPERATION OF FACILITIES-Page 2 `— • A cash amount of $400, 000. 00 which will be used to pay Commissioner expenses and District emergencies. (The interest earned on the $400, 000. 00 fund will remain property of the District. ) The City agrees to seek no transfer of assets from the District, as otherwise entitled by law, for any individual annexation to the City amounting to less than 60% of the District during the first ten (10) years of this contract . This section will apply to any annexations that have not been finalized prior to March 1, 1995. 1 . 3 Insurance. The City shall provide for Fire District No. 25 insurance "dollar" limits and coverage as described as follows: Property Coverage. The City of Renton shall provide property coverage to insure the replacement costs of all Fire District No. 25 buildings and equipment utilized by the City of Renton or by the City of Renton on behalf of Fire District No. 25. Fire District No. 25 shall be named a loss payee on all City insurance policies for claims involving Fire District No. 25 buildings and equipment. Liability Coverage. The City of Renton shall provide general liability insurance to include errors and omissions coverage and automobile liability coverage to insure the City of Now Renton and Fire District No . 25 regarding any and all operations by the City of Renton on behalf of Fire District No. 25. The limits of coverage to be provided by the City of Renton shall be $2, 000, 000 per occurrence. The City of Renton shall provide evidence of insurance to the District when requested by the District in writing. Liability limits per occurrence shall, during the life of this agreement, reflect the liability limits according to the policy in effect at the time as established by the City and agreed to by the District. 1 . 4 Property Ownership. All property currently owned or acquired by the District to enable it to perform the services required under this agreement, shall remain the property of the District in the event of the termination of this agreement except as set forth herein in sections 1 .2 and 1 . 21 . All property acquired by the City to enable it to perform the services required under this agreement, shall remain the property of the City in the event of the termination of this agreement. 1 . 5 Equipment Marking. All equipment and personal property that has been or will be purchased by the District for use by the City under the terms of this agreement shall be distinctly marked as property of the District . 1 . 6 Maintenance of District Facilities . All station facilities owned by and located within the District and all equipment owned by the District shall be maintained by the City. IOW AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 3 • 1 .7 Vehicle Maintenance and Operation. The City shall furnish all required fuel, lubricants and normal service necessary for the proper operation of District equipment used to perform the services to be provided by the City under this agreement . 1 . 8 Major Repairs. The City and District agree that both shall share the costs of major repairs to the station facility and equipment. A major repair shall be defined as a single repair item resulting in an expense of more than $1, 000. 00. During the first ten (10) years, the City shall pay the first $1, 000. 00 of any single repair of the district ' s station and/or equipment. The district shall pay 100% of the cost exceeding the $1, 000. 00 single repair. At the end of ten (10) years the City will pay 100% of the cost of all repairs to the station and/or equipment . 1 . 9 Equipment Location. All equipment purchased by the District shall be assigned to and stationed in the District station; provided however, that such equipment may be used for calls within the City and may be temporarily stationed within the City when deemed necessary by the Fire Department administration. In the event District equipment shall be out of service, the City agrees to temporarily assign and station City equipment in District stations when equipment is available and deemed 'Name necessary by the Fire Department administration. 1 . 10 Personnel Assignment. The District station shall be manned by a minimum of one (1) Officer (Lieutenant, Acting Lieutenant, or Captain) and two fire fighters, 24 hours a day 365 days per year. One (1) Captain and two (2) Lieutenants shall be assigned to the District station. 1 . 11 Compliance with County Regulations. The City shall comply with County Fire Prevention Ordinances to the same extent and degree that the District would be required. 1 . 12 Former Employee Sick Leave. The former District employees' accrued sick leave will be carried over to the City of Renton for a period of five years from April 1, 1993 . At the end of five years the District will cash out the District sick leave per Local 2439 Union Contract in effect on January 1, 1993 (this means 1/4 of sick leave cashed in at the rate of pay in effect on January 1, 1993) . The District employees will use the District accrued sick leave first before using their Renton sick leave. The rate of pay in effect as of January 1, 1993 is set forth in Exhibit A. A list of salaries for 1993 is attached hereto as Exhibit B, and the list of personnel, entry date of employment, pension system and promotion data is attached hereto as Exhibit C, all of which are incorporated herein as if fully set forth. 4401101 AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 4 1 . 13 District Employee. The District shall employ one full time, fully paid employee . The nature of the position to be filled and the job description of the position shall be established by the Board of Commissioners on the recommendation of the Chief. The employee shall be selected by a representative of the Board of Commissioners and the Chief in accordance with the standards established by the Board of Commissioners and shall report to and act under the supervision of the Chief or the Chief' s designee. In the event the City acquires the District operations, station, equipment and assets, the City agrees to employ the District employee with no loss of salary or benefits. During the first ten (10) years of the contract, the District will employ one (1) District employee. At the end of ten (10) years, or at any time during the life of this agreement, it is found that the position is no longer required by need or by law, the City agrees to provide an employment opportunity to that individual, in a position similar in nature within the City. This employee, while employed by the District, shall report to and act under the direction of the Chief of the fire department. The Fire Chief shall consult the Commissioners for their concurrence in the event of a change in the District employee ' s job description or work location (currently Station . No . 16) . The Commissioners shall have the final approval of the work location through December 31, 1996. The Chief will have final say of the work location thereafter. Now 1 . 14 106% Lid Lift. The determination of whether or not the District should submit a ballot proposition to the voters of the District to lift the 106% tax lid within the District shall remain at the discretion of the Board of Commissioners . 1 . 15 Liability. The City shall, at all times, be solely responsible and liable for the acts or the failure to act Of its personnel and of Fire District No. 25 volunteers and Fire District No. 25 paid employee that occur or arise in any way out of the performance of this contract, and save and hold the District and its personnel and officials harmless from all costs, expenses, losses and damages, including costs of defense, incurred as a result of any negligent acts or omissions of Fire Department personnel relating to the performance of this contract. 1 . 16 Term. This agreement shall be in effect as of the first day of January, 1996, and shall continue as long as the District exists . 1 . 17 Modification. This instrument constitutes the entire agreement between the parties. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties . In the event that either of the parties shall notify the other party in writing of its intent, AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 5 such request to renegotiate shall not be considered a notice of *40100 termination as provided for in paragraph 1 . 16. 1 . 18 Severability. If any provision of this agreement or its application is held invalid, the remainder of the agreement or the application of the remainder of the agreement is not affected. 1 . 19 Benefits . This agreement is entered into for the benefit of the parties to the agreement only and shall confer no benefits, direct or implied, on any third persons . 1 .20 Arbitration. During the term of this agreement, either party may request in writing the renegotiation of specific provisions . In the event such a request is made, the parties agree to negotiate such provisions in good faith. In the event the parties are unable to agree on any requested revision, addition or deletion, the parties agree to submit the matter to arbitration. The City and the District shall agree upon a single arbitrator. If the City and the District cannot agree on a single arbitrator, then the City and the District will each appoint their own arbitrator and the two arbitrators will choose a third, neutral arbitrator. The arbitration shall be governed, to the extent possible, by the mandatory arbitration rules of the King County Superior Court. Each side shall pay one-half of the costs of the arbitration. A request made under the provisions of this paragraph shall not be considered a notice of intent to terminate the agreement. 4.1110 1 . 21 Dissolution of Contract. In the event that the District shall seek to and succeed in breaking this contract, the City shall be entitled to 10% of the District ' s Fire Station No . 16 located at 12923-156th Avenue, S.E. , Renton for each of the years this contract is in effect, beginning in 1996. This would include up to a maximum of 90% ownership of the station. Dated: r6.r ,,«_ --8 , 1995 . 4 CITY OF RENTON KING COUNTY FIRE PROTECTION DISTRICT NO. 25 B y: r � B y: "'- -97 Mayor Chairman of he Board ATTEST / / tre iv I By: 4?-42-17 074.2 -62 City if Secretary CITY14.02m AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE&JOINT OPERATION OF FACILITIES-Page 6 HOURLY RATE FOR 1993 KING COUNTY FIRE DISTRICT 25 SHIFT PERSONNEL ONLY Base W/Degree Prob. F/F 11.23 hr. 11.46 hr. 3rd Class 12.50 hr. 12.75 hr. 2nd Class 13.70 hr. 13 .97 hr. 1st Class 14.97 hr. 15.27 hr. W/5 years 15.08 hr. 15.38 hr. W/10 years 15. 20 hr. 15.49 hr. W/15 years 15. 31 hr. 15.60 hr. Prob. Lt. 16.10 hr. 16.42 hr. W/5 years 16. 21 hr. 16. 53 hr. W/10 years 16.32 hr. 16.64 hr. W/15 years 16 .43 hr. 16.75 hr. Lieutenant 17.22 hr. 17.57 hr. W/5 years 17.33 hr. 17 .68 hr. W/10 years 17.44 hr. 17.79 hr. W/15 years 17. 55 hr. 17.90 hr. Prob. Capt. 17.97 hr. 18.33 hr. W/5 years 18.08 hr. 18.44 hr. W/10 years 18. 19 hr. 18.55 hr. law W/15 years 18. 30 hr. 18.66 hr. Captain 18.72 hr. 19.09 hr. W/5 years 18.83 hr. 19.20 hr. W/10 years 18.94 hr. 19 . 31 hr. W/15 years 19. 05 hr. 19 .42 hr. To figure day personnel hourly rate: 40 hrs . X 52 = 2080 hrs. divided by annual wage = hourly rate. • EXHIBIT "A" (U92APPA CONTINUED) KING COUNTY FIRE PROTECTION DISTRICT#25 SALARIES I q`13 Job Description Salary W/Degree % of 1st 2% Class Pay Prob. FF (0-12 mo) $ 2531. 00 $ 2582. 00 75% 3rd Class FF (13-24 mo) $ 2817. 00 $ 2873 .00 83 .5% 2nd Class FF (25-36 mo) $ 3087. 00 $ 3149.00 91.5% 1st Class FF* (37 mo +) $ 3374.00 $ 3441. 00 100% *W/5yrs (25. 00) $ 3399. 00 $ 3466.00 " *W/10yrs (50.00) $ 3424.00 $ 3491. 00. " *W/15yrs (75. 00) $ 3449 .00 $ 3516.00 " Prob. Lieut. * $ 3627 .00 $ 3700. 00 107.5% Prob. Fire Prey Offic*. It " II *W/5yrs (25 . 00) $ 3652 . 00 $ 3725. 00 " *W/10yrs (50. 00) $ 3677 .00 $ 3750.00 ' " *W/15yrs (75. 00) $ 3702.00 $ 3775. 00 " Lieutenant* $ 3880. 00 $ 3958.00 115% ,* Fire Prey. Officer* " " " *W/5yrs (25.00) $ 3905.00 $ 3983 . 00 " *W/10yrs (50. 00) $ 3930. 00 $ 4008.00 " *W/15yrs (75. 00) $ 3955. 00 $ 4033 . 00 " Prob. Captain* $ 4049.00 $ 4130. 00 120% *W/5yrs (25. 00) $ 4074 .00 $ 4155. 00 " *W/10yrs(50. 00) $ 4099.00 $ 4180.00 " *W/15yrs (75. 00) $ 4124 . 00 $ 4205. 00 " Captain* $ 4218.00 $ 4302. 00 125% *W/5yrs (25 . 00) $ 4243 .00 $ 4327. 00 " *W/10yrs(50. 00) $ 4268 . 00 $ 4352 . 00 " *W/15yrs (75. 00) $ 4293 . 00 $ 4377. 00 " EXHIBIT "B" Page 36 (II92APPA) KING CO - FIRE DIST _ 25 CAREER E TAF F ENTRY DATE PENSION PROMOTED CHIEF Larson, Arthur 12/01/71 LEOFF I ADMINISTRATIVE ASSISTANT ' . Little, Renee' 01/11/89 PERS II CAPTAIN Flora, William 06/01/82 LEOFF II 07/01/92 LIEUTENANTS Ehie, Joe 12/01/86 LEOFF II 10/01/91 Homan, Robert 12/01/86 LEOFF II 07/01/92 Luquette, Roy 09/09/75 LEOFF I 08/01/83 fir' Nipert, Patrick 07/01/85 LEOFF II 07/01/92 . Proulx, Michael 02/03/86 LEOFF II 08/01/90 Sheffer, Randy 09/20/83 LEOFF II 07/01/92 FIREFIGHTERS • DeSmith, Charles 03/20/88 LEOFF II Evans, William 10/01/85 LEOFF II Hart, Randy 05/03/91 LEOFF II . Havner, J. M. 02/24/92 LEOFF II Lyon, Ralph 02/18/80 LEOFF II McCoy, Michael 04/28/92 LEOFF II McDonald, Douglas 01/01/92 LEOFF II Mendenhall, Shawn 04/15/88 LEOFF II • Now, Moquin, James 12/01/86 LEOFF II EXHIBIT "C" • NAME ENTRY DATE PENSION Nelson, Steven 04/28/92 LEOFF II Peterson, Kenneth 11/01/88 LEOFF II Spivey, Del 12/01/86 LEOFF II Stanley, Todd 02/24/92 LEOFF II Suggs, James 01/20/86 LEOFF II Vollandt, Jeffrey 04/28/92 LEOFF II Willis, Joel 02/24/92 LEOFF II • EXHIBIT "C" Continued... . 01/07/93 CAG-95-087 Addendum 1-06 rr. ADDENDUM TO AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE AND JOINT OPERATION OF FACILI11}S This Addendum is entered into between the CITY OF RENTON, a municipal corporation referred to as "City," and KING COUNTY FIRE PROTECTION DISTRICT NO. 25, a municipal corporation referred to as "District," to amend the Agreement For Fire And Emergency Medical Service And Joint Operation Of Facilities dated August 8, 1995. The Agreement provided for certain provisions to be automatically effective on January 1, 2006. Because of legislative changes to certain statutes and other factors, it is necessary to revise specific provisions of the Agreement. Paragraph 1.17 of the Agreement provides for modification by agreement of the parties. To provide the needed changes, the parties agree as follows: *44,09 1. The August 8, 1995 Agreement provided, in paragraphs 1.1, 1.2, 1.8 and 1.13, for automatic changes to occur ten years after date of the Agreement. The reference to ten years is changed to twelve years. 2. Paragraph 1.2 provides that at the end or ten years (twelve years as modified herein) the property taxes collected by the District and paid to the City will change to reflect the amount the District can currently collect without an employee. This provision shall be modified as follows: At the end of twelve years the property taxes collected by the District and paid to the City shall be established by the District at a rate sufficient to continue providing the same level of services to the District. 3. Paragraph 1.13 relates to the then statutory requirement that a fire district had to have at leas4one full time, full paid employee to qualify for the full $1.50 1 vv per thousand dollars of assessed valuation property tax levy. The statute has been amended to now require only that the fire district contract for the services of one full time, full paid employee. Since the District meets the requirement, the references to this requirement in the Agreement are omitted. 4. Paragraph 1.14 refers to the 106%Lid Lift. That reference is change to 101% Lid Lift. KG25K1.1-4-05RentAdd 1 CAG-95-087 Addendum 1-06 ,410 The remaining provisions of the August 8, 1995 Agreement shall remain in full force and effect. / l Dated: Dated: 90,41- � a�� o?o2 KING COUNTY FIRE CITY OF RENTON PROTECTION DISTRICT NO. 25 r f -Ka r By.®..ter-"• "17,2e` F.a°7_Cdr""- By: Chairperson Kathy Keolker, Mayor Attest: Comlissioner Bonnie I. Walton, City Clerk Approv..i to Fo By: ,r ...t' y :.. t:z. �__<"�- By: t� % ,f Comn11ssioner Lawrence J. Warren, City Attorney Nowie `rr/r KG25K11-4-05RentAdd 2 2007 ADDENDUM TO AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICE AND JOINT OPERATION OF FACILITIES This Addendum is entered into between the City of Renton, a municipal corporation referred to as "City," and King County Fire Protection District No. 25, a municipal corporation referred to as "District,"to amend the Agreement for Fire and Emergency Medical Service and Joint Operation of Facilities dated August 8, 1995, and amended January 20, 2006. The Agreement provided for certain provisions to be automatically effective on January 1, 2006. Because of legislative changes to certain statutes and other factors, the agreement was revised in 2006. Paragraph 1.17 of the agreement provides for modification by agreement of the parties. To provide the needed changes to extend the agreement through December 2009, the parties agree as follows: 1.1 Services to be provided by City. This section references the City's provision of all administrative services for the District and all clerical services except those provided by the District Secretary. This position's responsibilities were transferred to a City of Renton employee (Administrative Secretary I) effective July, 2007. Effective January 1, 2008, the City will provide all administrative and clerical services for the district, including the secretarial duties of the Board of Commissioners, with the salary and benefits of the position to be funded one-half by the District. This cost will be invoiced to the District on a quarterly basis, not to exceed $35,500 annually. This section will be further amended to include sufficient reporting of fire and emergency medical service activity, including the City's first- and second-responder response times and incident activity reports on a quarterly basis. 1.2 Payment by District. Section 1.2, Paragraph 2, amended, states that the property taxes collected by the District and paid to the City shall be established by the District at a rate sufficient to continue providing the same level of services to the District. This provision will be in effect until December 31, 2009. This amended section addresses transfer of remaining assets at the end of twelve (12) years. This provision will be in effect until December 31, 2009, and is amended to include additional capitalized equipment purchased since 1996. 1.8 Major Repairs. The provision regarding the cost of all repairs is extended to the end of fourteen (14) years. Niftw Page 1 1.10 Personnel Assignment. The provisions of this section are amended to reflect that the District Station is staffed by four on-duty personnel 24 hours a day 365 days per year. 1.13 District Employee. This section is struck from the agreement since services provided by the City to the District are provided for in section 1.1, and sections to be re-numbered accordingly. 1.16 Term. This addendum to the agreement will be in effect until December 31, 2009. The remaining provisions of the August 8, 1995 Agreement, amended January, 2006 shall remain in full force and effect. Dated: Dated: KING COUNTY FIRE PROTECTION CITY OF RENTON DISTRICT NO. 25 By: By: Thomas Tasa, Chairperson Kathy Keolker, Mayor Attest: By: Commissioner Bonnie I. Walton, City Clerk Approved as to form: By: Commissioner Lawrence J. Warren, City Attorney Page 2 • CITY OF RENTON COUNCIL AGENDA BILL AI#: � • Submitting Data: AJLS For Agenda of: November 19, 2007 Dept/Div/Board.. Mayor's Office, Municipal Court Staff Contact Marty Wine, Asst. CAO, x6526 Agenda Status Joe McGuire, Court Services Director, x6531 Consent X Subject: Public Hearing.. Agreement for Public Defense Services with Kameron Correspondence.. C. Cayce&Associates Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Agreement for Services Information RCW 10.101.030: Standards for Public Defense Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept X Finance Dept Other Wttiase•Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted $280,000 (2008) Revenue Generated $112,500 (2007) (Public Defense recoupments) Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton's current agreement for public defense services was last authorized in 1998 and the contract is currently managed by the Renton Municipal Court. Contract renewal allowed the City to begin to address the increasing number of cases in conflict that arise; to explore the concepts of standards for providing public defense services which are required by state law; and to update insurance coverage requirements in the contract for risk management purposes. The City sought proposals for a renewed contract for 2008 through a request for proposals process. The City reviewed four responses, and the apparently successful bidder for public defense services is Kameron C. Cayce & Associates. Proposals were evaluated based on quality of legal representation for clients, qualifications, contract management and approach, and cost. City staff has negotiated terms for a renewed contract for 2008-2010 that reflect Renton's approach for the future to adopt public defense standards, considers potential annexations, and updates the insurance provisions of the contract. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into an agreement with Kameron C. Cayce & Associates for public defense services for the years 2008-2010. Rentonnet/agnbill/ bh ti`S O ADMINISTRATIVE, JUDICIAL, AND ;; + LEGAL SERVICES DEPARTMENT sf'PN��� MEMORANDUM DATE: November 9, 2007 TO: Toni Nelson, Council President Members, Renton City Council VIA: )6KathyKeolker, Mayor FROM: k� Marty Wine, Assistant CAO (x6526) STAFF CONTACT; Joe McGuire, Court Services Director, 6531 SUBJECT: Public Defense Services Agreement ISSUE Authorization to enter into an agreement for public defense services for the years 2008-2010. BACKGROUND Nemo The City of Renton's current agreement for public defense services was last authorized in 1995, and the contract is currently managed by the Renton Municipal Court. The City is seeking to renew the contract for 2008-2010 through a competitive request for proposals process. Below is a table outlining the historic amounts paid for the defense contract, for cases in conflict, and the number of public defense appointments. Based on filings and appointments to date, 2007 is proving to be one of the busiest in recent history for Renton's criminal justice system. Public Defense Workload Information, 1998-Present Year 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007* PD Contract Cost $ 145.0 $ 166.5 $ 187.9 $ 195.4 $205.2 $ 213.4 $213.4 $ 213.4 $218.7 $218.7 PD Appointments 2,073 1,785 1,506 1,477 1,846 1,657 1,548 1,703 1,699 2,967 Conflict Costs ($000) $ 11.2 $ 15.8 $ 16.2 $ 29.2 $ 34.5 $ 22.2 $ 29.3 $ 49.5 $ 45.8 $ 50.3 Conflict Case Appts 114 149 153 191 246 160 232 348 309 326 Source:Renton Municipal Court, *August 2007 estimate In September, 2006, Renton provided a one-year required notice of contract termination to our current public defender, Kameron Cayce &Associates, and the current public defense contract will expire at the end of 2007. The purpose of renewing the contract was three-fold. While the City does not have any issue or concern with the quality of services provided by the current firm, renewing the contract allows the City to begin to address cases in conflict that arise; to explore the concept of standards for providing public defense services which are required by state law; Denis Law,Chair,Council Public Safety Committee Page 2 of 3 November 13,2007 Neril and to update insurance coverage requirements in the contract for risk management purposes. In addition, contract administration can be shifted for the 2008 budget year to the Non- Departmental budget and jointly managed by the Mayor's Office and the Municipal Court, to allow the court's involvement in the appointment process to remain objective and neutral. The City issued a Request for Proposals in July 2007, and advertised the Request in the Daily Journal of Commerce and through the King County Bar Association's website. By letter, Cayce &Associates and several local public defense agencies were invited to submit proposals. The City received four proposals at the end of August,ranging in cost from the current contract level ($218,000)to nearly$500,000 annually, and interviews with each proposer were held in September. A panel of four City representatives reviewed the proposals and participated in the interviews (Police Department Auxiliary Services Director, Police Department Domestic Violence Victims Advocate, Court Services Director, and Assistant Chief Administrative Officer). Proposals were evaluated based on the panel's judgment of the quality of legal representation for clients proposers could offer, firm qualifications, contract management and approach, and cost proposal including investigative services, clerical and social service referrals. Of the four responses the City received, the most responsive of the proposals in these dimensions was from the firm currently providing public defense services: Kameron C. Cayce & Associates. The Assistant CAO and Court Services Director have negotiated terms for a renewed contract for 2008-2010 that reflects Renton's intent for the future to adopt public defense standards, that considers potential annexations, and that updates the insurance provisions of the contract. In discussing a future contract with Cayce &Associates, the City outlined several issues that will influence the structure and cost of the future public defense contract. • Conflict cases. Occasionally a case is filed that would present a conflict for the public defender. Data provided by Renton Municipal Court indicates that conflict referrals have been increasing over time, to 18%of all cases using public defense services in 2006. The City needs to address this cost-driver in the future, and has budgeted $75,000 to pay for anticipated 2008 cases in conflict. In addition, the Administration has invited the second bidder that provided favorable contract terms to act as conflict counsel for the City in 2008. Those conversations are pending. • Public Defense Standards. In 1989, a section was added to RCW 10.101.030 requiring each jurisdiction to adopt standards for the delivery of public defense services. State guidelines exist for establishing standards. We are currently researching how to tailor the guidelines in keeping with Renton's court practices and caseloads. The approach to structuring Renton's future standards, including caseload-per-attorney limits, limitations on private practice, the structure of compensation, and monitoring and evaluation, will each have policy and financial implications for the City that could not fully be addressed in the current negotiations. At the very least, the method of compensation was revised in this contract to address concerns about representation that have exposed other cities to risk in the past. In addition, Cayce &Associates has agreed to work with the City to , ; begin to design standards that will meet state legal requirements at a reasonable cost. Denis Law, Chair,Council Public Safety Committee Page 3 of 3 November 13,2007 *rime • Court stakeholder meetings. Through discussions with Cayce &Associates, the City Attorney's Office, and through the RFP process, the interconnectedness of the City's criminal justice system becomes increasingly apparent—each of the actions of one part of the system affects the other(for example, more patrol officers on the street have the effect of increased civil and criminal filings, and increased filings result in additional court calendars, which in turn places workload demands on the prosecutor and defender). Beginning in 2008, the Administration has agreed to convene quarterly court stakeholder meetings to resolve procedural and programmatic concerns that arise as a result of increased workload throughout the system. The cost structure for the proposed contract is $100 per appointed case, which more realistically reflects Cayce &Associates' costs. Using the 2007 appointed caseload would result in a contract cost of$310,000. The 2008 preliminary budget includes $280,000 for a base contract with Cayce &Associates, recognizing that with the Benson Hill annexation, the number of appointed cases could rise dramatically. As a result, the annexation transition plan suggests an additional $120,000 should be included for the 2008 contract. Each public defense invoice will include a report of activity to allow the Municipal Court and City administration to track public defense costs. A contract re-opener is provided for at the point the City would spend more than $450,000. The stakeholder meetings referenced above are expected to invite the participation of all departments to ensure that each element of the system is aware of cost and service issues. rw RECOMMENDATION Authorize the Mayor and City Clerk to enter into an agreement with Kameron C. Cayce & Associates for public defense services for the years 2008-2010. cc: Larry Warren,City Attorney Tricia Grove,Cayce&Associates Penny Bartley,Auxiliary Services Manager Tina Harris,Domestic Violence Victim Advocate *ilirrr' tigY4.1,R AGREEMENT FOR SERVICES This agreement is being entered into this day of , 200_by and between the City of Renton, a municipal corporation hereinafter referred to as City, and Kameron C. Cayce & Associates, hereinafter referred to as Cayce &Associates, in consideration of the mutual benefits, terms and conditions herein after specified. 1) Term. The term of this Agreement shall be for three years from the date the Agreement is signed; subject, however, to the Section entitled "Termination." 2) Duties and Responsibilities a) Representational Services, defined as: i) Lawyer services and appropriate support staff services; investigation and appropriate sentencing advocacy and referral to social work services; and legal services, including but not limited to interviews of clients and potential witnesses; legal research; preparation and filing of pleadings; issuance of subpoenas (but not personal service of process); negotiations with the appropriate prosecutor and court regarding possible dispositions; in-custody hearings prior to appointment(regardless of whether the hearing results in appointment); and preparation for and appearance at all court .- proceedings for defendants who have the public defender appointed to represent them by the Renton Municipal Court. The Public Defender is expected to contact assigned defendants within one business day after assignment, and must be available to appear in Court with in-custody defendants within 24 hours of booking (not including weekend days and City holidays). The Public Defender must provide to the Court, the Renton Police Department and the City Jail Administrator telephone number(s) where (s)he can be reached for"critical stage" advice to defendants charged with a misdemeanor or gross misdemeanor during the police investigation and arrest processes. ii) Counseling with defendants when appointed as public defender by the Renton Municipal Court. It is the City of Renton's responsibility to furnish attorney-client meeting space for Cayce & Associates. iii) Interviews, research, request and review of discovery, preparation for trial, consultation with agencies or experts, drafting of pleadings or other work essential to providing ordinary legal representation for defendants from receipt of Order Appointing Public Defender. iv) If the defendant being represented remains incarcerated, Cayce & Associates agrees to conduct such in-person interviews as may be necessary at the Renton City Jail. v) All appeals by Cayce & Associates of municipal court decisions to superior court or other state or federal appellate courts of cases handled at the trial level by Cayce & Associates. Agreement: City of Renton and Cayce&Associates For Public Defense Services Page 2 of 7 November 9,2007 Nia'"'' vi) Attendance at bi-monthly roundtable meetings as convened by the City Administration to monitor workload and costs, and improve City services and court operations. b) Supplemental Services, defined as: i) All appeals of municipal court decisions to superior court or other state or federal appellate courts of cases by City or not handled at the trial level by Cayce & Associates. City shall reimburse transcript preparation and other reasonable costs associated with such appeals. ii) Provision of extraordinarily complex or numerous public defense matters, but only upon the prior authorization for such supplemental services. Extraordinary complexity may be determined by the City's Chief Administrative Officer upon written request by Cayce & Associates. Fees for extraordinary complexity shall be mutually agreed upon by Cayce & Associates and City. If no agreement can be reached, the provisions in the "Method of Compensation" section shall control. c) Withdrawal of Public Defender i) Cayce & Associates' representation of indigent defendants, and obligation under this contract ceases at the time of withdrawal or substitution. ii) Cayce & Associates will withdraw, subject to order of the court at the time of client's failure to appear or at sentencing or other final order such as deferral or continuance for dismissal. Cayce & Associates may withdraw at other times appropriate under Professional Rules. d) Services Not Included i) Cayce & Associates will respond to Driving Under the Influence (DUI) in-custody telephone calls during regular business hours only and shall not be obliged with reference to any other defendant-generated calls prior to their assignment as counsel in the given case. An additional fee of thirty-five dollars ($35.00) per DUI call shall be paid by the City when such daytime DUI in-custody calls exceed five per month. For defendants already assigned to Cayce & Associates and in custody, reasonable and necessary telephone access acceptance of collect calls will be provided by Cayce & Associates. ii) Cayce & Associates will have no general obligation to appear at arraignments, bail hearings, or public defender appointment procedures unless Cayce & Associates had been previously appointed as counsel for the defendant in the subject case. If future court rules require the public defender's appearances at these proceedings, the City and Cayce & Associates will re-negotiate the compensation for additional appearances. 3) Method of Compensation Agreement: City of Renton and Cayce&Associates For Public Defense Services Page 3 of 7 November 9,2007 a) Cayce & Associates will be compensated for representational services at$100 per appointed case, and supplemental services as designated in Section 2.b, above. If the appointed caseload exceeds 4,500 in a calendar year,the City and Cayce & Associates will re-negotiate the method of compensation. A case is defined as a public defender appointment by the court for provision of representational services from arraignment,to plea or motions, through trial and adjudication. Courtesy (jail) calendar visits will not be not considered a case. b) The parties will work together for the development of public defense standards and to estimate changes in demand for public defense due to annexations and other drivers. At such time standards are adopted, changes to this agreement may be warranted that may prompt re-evaluation of the method of compensation. If the parties do not agree on the method of compensation, the City will publish a request for proposals from any interested and qualified law firms. Cayce & Associates will then be allowed to match the lowest responsive and qualified bid. c) Supplemental Legal Services. All supplemental legal services will be performed only upon authorization by City through the City's Chief Administrative Officer. Compensation for supplemental legal services will be at the prevailing rate for services provided by attorneys of comparable experience, with the current rate of one hundred dollars ($100) per hour. However, the basis of compensation may be some other hourly rate, as agreed upon and shall be determined on the same basis as fees for prosecution for the same matters. d) Expense Reimbursement. In addition to the compensation above, reimbursement will be made by City for normal out-of-pocket expenditures when made as part of the Public Defender's function to consist primarily of costs of service, long distance telephone calls, collect calls, facsimile transmissions, and travel outside the city of Renton. City shall provide Cayce & Associates a current city code and amendments to be returned upon termination of this contract. City shall provide discoverable material at no cost to Cayce & Associates, including abstract of driving record. Expert witnesses will be paid by City upon prior approval by the Chief Administrative Officer for the appointment of an expert witness pursuant to CrRLJ 3.2 (f). e) Conflict Attorneys i) Cayce & Associates shall maintain a written policy explaining how conflict of interest is defined, and identify conflicts as quickly as possible. This identification is controlled in part by the receipt of the discovery by the city attorney's office. Optimally, to avoid delays in court and well as attorney guidance, discovery should be provided along with the notice of appointment. ii) When Cayce & Associates determines they have been appointed to represent a defendant whom they cannot represent because of a conflict of interest; who is currently facing charges and could subsequently become a witness for the City on a Agreement: City of Renton and Cayce&Associates For Public Defense Services Page 4 of 7 November 9,2007 %my separate charge; or due to other professional rules of conduct resulting in ineligibility; Cayce & Associates must notify the court and request withdrawal from the assignment. iii) The defendant shall then be referred to the court for reassignment to an attorney contracting with the City to provide Public Defender Services in conflict situations at no cost to Cayce & Associates. Such attorney will be compensated according to his or her agreement with City. No payment will be made to Cayce & Associates for work they performed on cases subsequently identified as conflicts. 4) Designation of Responsible Attorney a) The attorney with overall responsibility for legal services under this Agreement shall be Tricia R. Grove of Cayce & Associates. Other attorneys working for Cayce & Associates may be assigned to work on legal matters if properly licensed and insured at the direction of Cayce & Associates. b) The responsible attorney shall: i) Oversee training, supervision, monitoring, and evaluation of attorneys. ii) Provide staff and support services as necessary to enable the effective provision of legal services. iii) Limit Private Practice. Attorneys responsible for performing services under this contract will limit his or her private practice to the number of hours that will not conflict with this contract. Assigned attorneys from Cayce & Associates shall each year provide a listing of hours billed for nonpublic defense legal services, including number and types of private cases. iv) Ensure Qualified Attorneys. All attorneys employed by Cayce & Associates performing services under this contract must be licensed to practice law in good standing and without historic reprimand, suspension or disbarment under rules and rulings of the State of Washington Supreme Court. v) Provide Training. The public defender shall take training approved by OPD, including at least seven hours per year of continuing legal education (CLE) credits related to criminal defense. vi) Dispose of Client Complaints. Client complaints shall not be a basis for referral of a client to the "conflicts" attorney. Client complaints will be referred to the attorney who will make his or her best reasonable effort to resolve the complaint and then move the court for leave to withdraw, refer the dispute to Cayce & Associates, or refer the dispute to an appropriate agency for settlement. vii)Report Activities. To accompany invoices for payment,Cayce &Associates shall submit to the City's Chief Administrative Officer monthly reports showing the number of appointed cases during the month for which payment is requested; defendant's name and case number; number of conflict cases and their reconciliation with appointments; courtesy calendar visits; cases closed; and appeals including their status. rrr. Agreement: City of Renton and Cayce&Associates For Public Defense Services Page 5 of 7 November 9,2007 (1) Cases returned to the Court due to ineligibility for Public Defender services, and those returned for assignment to a conflict attorney must be shown on the report, but will not be treated as part of Cayce & Associates' caseload. (2) Invoices for general and supplemental services shall include sufficient detail to meet all auditor requirements but shall not violate any client confidentialities. 5) Indemnification. Cayce & Associates shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from legal malpractice, civil rights violations, injury or death to persons, including injuries, sickness, disease or death to Cayce & Associates' own employees, or damage to property occasioned by a negligent act, omission or failure of Cayce & Associates. 6) Insurance a) Cayce & Associates shall secure and maintain in force throughout the duration of this contract: Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 per occurrence, $2,000,000 / aggregate and for personal injury and property damage; Automobile Liability in the amount of$1,000,000 per occurrence; and Professional Liability insurance in the amount of$1,000,000. b) The City shall be named as a Primary &Non-contributory additional insured on the ,401 Commercial General Liability insurance policy with respect to work performed by Cayce & Associates for, or on behalf of, the City. Cayce & Associates shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. Certificates of Insurance evidencing Cayce & Associates' insurance coverage, with a copy of the endorsement naming the City as a Primary &Non- contributory additional insured on the general liability policy, shall be delivered to the City within 15 days of executing this agreement. 7) Compliance with Laws. Cayce &Associates shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this agreement. 8) Discrimination Prohibited. Cayce & Associates, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and retention of employees or procurement of materials or supplies. 9) Independent Contractor. Cayce & Associates and the City agree that Cayce & Associates is an independent contractor with respect to the services provided under this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Cayce &Associates nor any employee of Agreement: City of Renton and Cayce&Associates For Public Defense Services Page 6 of 7 November 9,2007 `"tr"" Cayce & Associates shall be entitled to any benefits accorded City employees by virtte of the services provided under this agreement. 10)Assignment. Cayce & Associates shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 11)Non-Waiver. Waiver of any provision of this agreement, or any time limitation provided for in this agreement by the City shall not constitute a waiver of any other provision. 12)Termination. This Agreement shall remain in full force and effect for calendar years 2008, 2009 and 2010, with opportunity for extension in additional two-year increments. This Agreement may be terminated by either party upon giving the other party not less than one (1)year's notice of termination. This Agreement may be terminated notwithstanding the terms of this paragraph, should Cayce & Associates be dissolved as a law firm. Cayce & Associates' obligation to represent indigent defendants appointed to public defender will cease at the point of termination and the subsequent public defender will be substituted immediately. CITY OF RENTON KAMERON C. CAYCE & ASSOCIATES By By: lore Kathy Keolker Kameron C. Cayce Mayor, City of Renton 1055 South Grady Way, 7th Floor Mailing Address Renton, WA 98057 (425) 430-6500 City State Zip FAX: (425) 430-6523 ( ) Telephone Number ( ) FAX Number ATTEST: By: Bonnie I. Walton City Clerk APPROVED AS TO FORM: Amor Agreement:City of Renton and Cayce&Associates For Public Defense Services Page 7 of 7 November 9,2007 Lawrence J. Warren City Attorney �rri� RCW 10.101.030: Standards. Page 1 of 1 RCW 10.101.030 Standards. =ach county or city under this chapter shall adopt standards for the delivery of public defense services,whether those services Num" are provided by contract, assigned counsel, or a public defender office.Standards shall include the following: Compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and other costs associated with representation,administrative expenses, support services, reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of attorneys,substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys, qualifications of attorneys, disposition of client complaints, cause for termination of contract or removal of attorney, and nondiscrimination.The standards endorsed by the Washington state bar association for the provision of public defense services should serve as guidelines to local legislative authorities in adopting standards. [2005 c 157§2; 1989 c 409§4.] "SWM'' http://apps.leg.wa.gov/RCW/default.aspx?cite=10.101.030 11/9/2007 INTRODUCTION This is a dynamic time for public defense in Washington State. Attention of the media, the settlement of a Grant County lawsuit, a report completed by the Washington State Bar Association's (WSBA) Blue Ribbon Panel on Criminal Defense, the work of a continuing WSBA Committee on Public Defense, the interest of the counties and the cities, the longtime efforts of the Washington Defender Association, and the sustained efforts of the courts' Justice in Jeopardy initiative all have combined to move the issue of widespread inadequacies in public defense in Washington State to the forefront. The efforts of these groups and others resulted in new legislation in 2005, HB 1542, and new state funding for counties in 2006 to improve trial level public defense for indigent persons accused of crimes. Another important legislative act in 2005 was the passage of the Justice in Jeopardy Initiative's proposal, SB 5454. This legislation recognizes "the state's obligation to provide adequate representation to criminal indigent defendants" and appropriates state funding for trial level public defense consulting and training programs at the Washington State Office of Public Defense. It is important to note that over the last two years, the Legislature has also embarked on a program to implement effective public defense services for indigent parents in dependency and termination proceedings. The Parents Representation Program, administered by the Washington State Office of Public Defense (OPD) now is funded in eighteen juvenile courts and is in the process of being expanded throughout the state. In the area of trial level public defense, the passage of HB 1542 addresses the requirements of our federal and state constitutions. These establish that the state must implement an adequate system of public defense representation for all indigent persons charged with crimes. Until the 2005 and 2006 legislative changes, the state left its constitutional duty solely to the counties. Over the years, each county has developed its own individualized system. At this point, for the first time, information about Washington counties' systems has been made available through Washington State OPD's implementation of the new legislation. Through the new county-state partnership for implementing adequate trial level public defense, and the state's initial $3 million investment, we have a clearer picture of the deficiencies statewide, and what must be done to rectify these problems. This report first discusses how the state is meeting Washington's public defense standards and second provides a snapshot of each county's public defense system. 1 PUBLIC DEFENSE STANDARDS: STATUS IN WASHINGTON COUNTIES Methodology Information for this report was collected from the counties' applications for state funding under HB 1542, as well as Washington State OPD's public defense consultation program for county officials, Washington State OPD's training programs for hundreds of public defense attorneys throughout the state, and from Washington State OPD's active participation in the WSBA Committee on Public Defense and ongoing work with the Washington Defender Association, the Justice in Jeopardy partnership, and many other concerned groups and individuals. Until now, county data regarding public defense caseloads, compensation, and total amounts paid for public defense has not been systematically collected. HB 1542 requires Washington State OPD to create an application process for the distribution of state funds for improvements in public defense by the counties. The counties must use distributed HB 1542 funds to make significant, demonstrable improvements toward meeting public defense standards, or already meet the WSBA endorsed standards for public defense services. These eighteen standards were developed by the Washington Defender Association (WDA) and endorsed by the WSBA in 1990. The WSBA standards were incorporated by the Legislature in RCW 10.101.030, which requires counties and cities to utilize them as guidelines when adopting mandatory standards for local public defense systems. The WSBA's Committee on Public Defense is currently undergoing a review of the standards in conjunction with WDA, which has prepared a WDA update. Changes being considered are designed to incorporate modifications in Washington laws and public defense practices over the past seventeen years. While the WSBA Board of Governors will consider endorsement of any proposed changes, the current version of the basic standards reported here have stood the test of time and are not expected to be altered substantially. Pursuant to HB 1542, Washington State OPD initiated the county application process in the summer of 2006. Thirty-eight of the thirty-nine counties applied for HB 1542 funds. They provided information about the structure of public defense in their counties, attorney caseload levels, total amounts spent for felony, misdemeanor, and juvenile court representation, the number of cases assigned to public defenders, copies of their public defense ordinances, and copies of 2005 contracts. This data, in addition to Washington State OPD's ongoing consultations with county officials as well as the agency's 2006 regional conferences, attended by more than 300 defense attorneys statewide, provides important new information about public defense. 'ar. 3 Across the state, the information and public defense contracts provided by the counties demonstrate wide disparities in the provision of public defense. Except for the smallest counties, all have primary public defense systems and make provision for the appointment of other attorneys for conflict cases. Seven counties have public defender offices or are beginning them as a part of county government; five counties now have or are in the process of starting non-profit public defense offices; three counties appoint attorneys from a list; and twenty-four counties contract with independent private attorneys or firms to provide public defense or have a system combining both contracts and list appointments: • Public defender agencies are county-funded agencies or non-profit groups contracting with a jurisdiction to provide representation. • Contract public defense systems are systems in which the county enters into contracts with one or more private attorneys to provide representation. • List appointment systems involve lists of attorneys who have agreed to accept public defense cases, who are appointed by the court on a case by case basis. • Conflict appointments of alternate attorneys are made by judges when the initially appointed public defense attorney is prohibited by ethics rules from representing an individual defendant, usually due to prior representation of another party in the case. Nosi As a result of the individualized nature of Washington's 39 different public defense systems, making comparisons is challenging. However, the HB 1542 application data and the counties' 2005 contracts have yielded important information about actual public defense practice in Washington. Following is a discussion of current information regarding the counties' implementation of the eighteen Public Defense Standards in Washington. It should be noted that one positive result of the HB 1542 process is heightened compliance with the requirement that each county adopt public defense standards by ordinance. Less than one-third of the counties reported public defense ordinances in their 1542 applications, but all applying counties said that they would pass such an ordinance in the next year, as required by RCW 10.101.060(1)(a)(i). In recent months, Washington State OPD has worked with many counties regarding such ordinances, which by statute must address each of the issues covered by the eighteen public defense standards and which should use the WSBA-endorsed standards as guidelines. RCW 10.101.030. The counties' new ordinances will provide a basis for every county to address quality issues as while contracting for public defense services. 4 Name Standard One: Compensation Public defense attorneys and staff should be compensated at a rate commensurate with their training and experience.To attract and retain qualified personnel,compensation and benefit levels should be comparable to those of attorneys and staff in prosecutorial offices in the area. For assigned counsel,reasonable compensation should be provided.Compensation should reflect the time and labor required to be spent by the attorney and the degree of professional experience demanded by the case.Assigned counsel should be compensated for out-of-pocket expenses. Contracts should provide for extraordinary compensation over and above the normal contract terms for cases which require an extraordinary amount of time and preparation,including,but not limited to,death penalty cases.Services which require extraordinary fees should be defined in the contract. Compensation continues to be the most significant issue in the development of an effective public defense system. While the counties with public defender agencies or non-profit offices providing public defense and some other counties provide more adequate levels of pay for their attorneys, the county-by-county funded system in Washington has been a barrier to uniformity in public defense compensation levels. Although HB 1542 emphasizes that counties must address the WSBA endorsed public defense standards, including compensation, in providing defense services, some counties still negotiate with attorneys and firms to obtain indigent defense services at the lowest cost without regard to the quality of representation. In general, the most striking deficiencies in compensation for public defenders are found in a number of the counties that contract with private law firms and individual lawyers or appoint from a list of attorneys. • Widely varying compensation occurs in District Court where attorneys agree to accept all cases assigned to them by the court. The lowest reported compensation rate is $19,600 for the equivalent of a full-time misdemeanor caseload of 300 cases. The next lowest amounts for fulltime caseloads are $22,000 and $24,000. • In counties paying a flat fee for misdemeanor representation, payments per case range from lows of$65 or $80 per case to more average rates of about $175 to $300 per case to a higher range of up to $500 per case. • The average reported county expenditure for full-time caseloads of 300 misdemeanor cases is $59,250 per attorney, to cover all expenses. • The highest contract attorney rate reported for fulltime misdemeanor caseloads ranged from $99,000 per year to $145,000 per year. All these figures represent total gross payment received by the defense contractor, not salaries. This compensation is not supplemented by standard benefits enjoyed by county prosecutors and other government workers. Under the contract system, attorneys must provide their own health coverage and retirement. In addition they must pay all overhead and indirect costs of maintaining a law practice including '441100 5 *4804 office and equipment rental, paralegals and office staff, office supplies, phone and fax lines, malpractice insurance, legal research, travel, training, bar dues, federal and state taxes. Low compensation rates severely impact many counties' ability to retain experienced defenders. As one county noted in its HB 1542 state funding application, 'We feel that approximate parity is necessary in order to improve the recruitment and retention of quality defenders. In the past the prosecution has often been able to hire away good defenders because of much better compensation packages." In order to increase their income, most contract attorneys take additional public defense contracts or maintain a private practice. Counties have been made aware of the potential conflicts and abuses of this practice through press exposure of some extreme cases that resulted in the disbarment of two contract attorneys and the imposition of a substantial financial penalty for the county.' When counties contract with private law firms to provide indigent defense services, compensation levels for attorneys actually providing representation also vary widely. Many firms hire new associates to handle indigent defense representation at low entry wages. The firm provides supervision and support services for the associate and retains a portion of the contract award as profit. When conflict attorneys are appointed by the court from a list, most are paid on an hourly basis, compensation amounts again vary widely. Rates range from a low of $35 per hour to a high of$85 per hour for the same types of cases. Some of the lowest hourly rates are paid in the larger, urban counties, where general attorney costs are the highest. Trials occur in a small percentage of public defense cases, ranging from about an average of 2% to 9% in various counties. It appears that, in accordance with the standards, almost all counties with contract or list appointment systems recognize the extra burden of trial work and provide extra compensation from about $200 to $450 per trial day. Almost all counties also provide for extra compensation for complex felony cases. The disparity in compensation is not limited to contract-system counties. Counties with non-profit public defender offices also report wide variances in compensation. Some, but not all, county agency public defenders are compensated at parity with the local prosecutors. The difficulties which most counties have in reaching a reasonable rate of compensation for public defenders have long been observed. As the Blue Ribbon Panel on Criminal Defense noted "for at least the past 15 years, numerous studies, reports, and case decisions have reported deficiencies in the provision of defense An Unequal Defense: The failed promise of justice for the poor,The Seattle Times(April 4, 2004—April 6, 2004) http://seattletimes.nwsource.com/news/local/unequaldefense/ 6 *No• services in Washington." The Panel concluded that "[I]nadequate funding is a significant cause of the failures in the quality of indigent defense services in Washington." Only about twenty per cent of the counties applying for HB 1542 funding in 2006 stated that they intend to use the funds to increase attorney compensation. Problems with compensation continue to erode the quality of public defense in Washington. 'err 7 Standard Two: Duties and Responsibilities of Counsel The legal representation plan shall require that defense services be provided to all clients in a professional,skilled manner consistent with minimum standards set forth by the American Bar Association,applicable state bar association standards,the Rules of Professional Conduct,case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client. Standard Two defines the standard of performance expected from each public defender, which is "professional, skilled" representation consistent with national and state standards and consistent with applicable rules and laws. The challenge in meeting this standard is not merely to include the words in a contract, but actually to create a county system which implements all of the components needed to support this standard of service. Counties with public defender offices are better able to impose office-wide standards of performance consistent with Standard Two, due to their supervisory, training, and support staff resources. Counties with contract/list appointment systems generally lack supervisory systems and thus have more difficulty enforcing this standard. Many counties include the words of Standard Two in their contracts. A few of the contracts for representation require an annual evaluation, but most contracts do not. Review of the 1542 applications and follow-up with counties make it clear that county officials, who often are not lawyers, may not be familiar with the intricacies of the criminal justice system and are dealing with a myriad of pressing issues competing for their time, attention, and funding. Often the result is that the responsibility to enforce this standard of performance falls to self-enforcement by the contract or list appointed attorneys, who themselves are caught in a system of too many cases and too little pay. Counsel cannot meet the standard of"professional, skilled" service in a county system where they are under- trained, underpaid and overloaded with a large number of public defense cases and private cases. 8 Standard Three:Caseload Limits and Types of Cases The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle.The caseload of public defense attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation.Neither defender organizations,county offices,contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size,interfere with the rendering of quality representation. The caseload of a full-time public defense attorney or assigned counsel shall not exceed the following: 150 Felonies per attorney per year;or 300 Misdemeanors per attorney per year;or 250 Juvenile Offender cases per attorney per year; or 60 Juvenile dependency clients per attorney per year;or3 250 Civil Commitment cases per attorney per year;or 25 Appeals to appellate court hearing a case on the record and briefs per attorney per year. A case is defined by the Office of the Administrator for the Courts as:A filing of a document with the court naming a person as defendant or respondent. Caseload limits should be determined by the number and type of cases being accepted and on the local prosecutor's charging and plea bargaining practices.In jurisdictions where assigned counsel or contract attorneys also maintain private law practices,the contracting agency should ensure that attorneys not accept more cases than they can reasonably discharge.In these situations,the caseload ceiling should be based on the percentage of time the lawyer devotes to public defense. Caseload standards are the best tool available to measure acceptable workload levels. They are critically important to an overview of the needs of the county or state and to the identification of system-wide problems. The counties' HB 1542 applications show that caseloads in many counties exceed the caseloads stated in Standard Three. Some adult felony caseloads are as high as 222 cases per attorney per year; some juvenile offender caseloads are as high as 575 cases per attorney per year; and some adult misdemeanor caseloads are as high as 762 cases per attorney per year. Individual counties address caseload issues in numerous ways. One county weighs attorney caseloads which include a mix of case types by assigning felonies, misdemeanors, juvenile and other cases with specific point values, in line with the WSBA caseload standards, and maxing out an attorney at 1,000 points. Many counties give extra "case credits" to account for more difficult, time-consuming cases, such as first degree murder case, and partial credit for less time-consuming actions, such as probation violations. 9 Counties with public defender offices or non-profit agencies can monitor attorney caseloads better than counties with contract or list appointed attorney systems. By definition, the staff attorneys at public defender offices are devoted full-time to their clients, and the offices are managed to evaluate and contract for reasonable caseloads. While many of these counties' caseloads still exceed the numerical limits set in Standard Three, they are able to monitor cases and work toward the caseload standards. One public defender office reports a recent concerted effort to formally establish caseload limits and to bring pay scales up to date, using these standards as a guide. The office reported that the changes to the system by addressing standards has benefited both the agency and the county criminal justice system. In many of the contract/list appointed counties, contracts for public defense state only a generalized reference to caseload limits, and thus there are no defined maximums. Even in counties where numerical limits are set, often no one is "minding the store" by tracking the total public and private number of cases handled by one attorney. While the standard states that "the contracting agency should ensure that attorneys not accept more cases than they can reasonably discharge" and one county's contract specifically prohibits additional public defense contracts, officials typically cannot know the total private and public caseload of an attorney. A number of counties include generalized case limitation language in their contracts, but ignore the language by entering into multiple contracts with the same attorney, which often results in a total caseload that exceeds the WSBA standard. For example, in 2005, one county contracted with the same attorney for full-time misdemeanor and juvenile caseloads. By obtaining two contracts, and thus carrying a double caseload, the attorney raised his compensation level to $87,000 for gross pay and all overhead expenses--allowing a salary equivalent level of about $43,500. Under the contracts, the attorney was then obligated to cover both caseloads, to the detriment of the quality of the representation he could provide to indigent clients. Caseloads directly impact the quality of services provided. A survey of Washington judges, prosecutors, public defenders, and court administrators by the WSBA's Blue Ribbon Panel reported that The majority of respondents indicated that the caseloads of public defense attorneys in their jurisdictions never or only sometimes allow the attorneys to give each client the time and effort necessary to ensure effective representation or that they did not know whether the caseloads allow this level of attention by the defense attorneys. Blue Ribbon Panel Report, at p.12. NIS 10 Standard Four:Responsibility for Expert Witnesses Reasonable compensation for expert witnesses necessary to preparation and presentation of the defense case shall be provided.Expert witness fees should be maintained and allocated from funds separate from those provided for defender services.Requests for expert witness fees under Court Rule 3.1 f should be made through an ex parte motion.The defense should be free to retain the expert of its choosing and in no cases should be forced to select experts from a list pre-approved by either the court or the prosecution. Although expert services are not necessary in the vast majority of cases, they are essential to effective representation in some cases. Court rules allow the attorney to apply to the court for authorization of the expenditure of county funds for experts, and RCW 10.101.060(1)(a)(vi) specifically requires counties to identify funding for experts "for which public defenders may file ex parte motions." The Washington State Supreme Court emphasized in State v. Punsalan, 156 Wn.2d 875, last year that experts must be paid at public expense if the court finds that the services are necessary and the defendant is financially unable to obtain them. Experts are necessary in a wide variety of situations. A psychological expert may be needed to give an opinion on the defendant's competency to stand trial or to explore a diminished capacity and/or insanity defense. A ballistics expert may be needed to examine the weapon used in a crime. An accident reconstruction expert can explain the causes of a collision. A DNA expert can testify on identification evidence. Such experts critical to the defense can prevent the erroneous conviction of an innocent person. Five of the smaller counties in Washington specifically noted in their 1542 applications that they intend to use their HB 1542 funds to provide for expert services. Examination of contracts submitted to Washington State OPD with the 1542 applications shows that approximately half the counties specifically provide for additional county payment for expert services as authorized by the court. Many attorneys file motions pursuant to the standard and rule. But in a number of counties, requests for experts are discouraged. One district court contract, for example, requires the contractor to pay out of the contractors' monthly compensation for expert services which are "necessary to an adequate preparation of the defense case," but allows the contractor to petition the court for expert and investigator services "in the event of an extraordinary case." Public defenders in diverse counties report informal, but locally "understood" limitations that experts should be rarely requested, as they are generally not considered to be affordable or necessary. Such informal constraints can curtail critical information and evidence in cases where a defense expert would have made a difference. Tracking actual amounts allocated by courts for expert (and investigative) services is hampered by the accounting practice of lumping these costs with the general 11 miiiimammommir county court budget. A critical recent improvement is the implementation of public defense categories announced by the State Auditor's Office last year, at the request of the Administrative Office of the Courts, which provide for a breakout of these costs. As counties transition to the use of these"BARS" codes, evaluating the cost and use of experts in these cases will improve. rrr�` 12 Niro Standard Five:Administrative Expenses Contracts for public defense services should include the administrative costs associated with providing legal representation.These costs may include travel,telephones,law library,financial accounting,ease management systems,the reporting requirements imposed by these standards,and other costs necessarily incurred in the day to day management of the contract. In a large number of the counties lacking public defender offices, this standard is often ignored. To provide the "professional, skilled" services required by Standard Two, attorneys need to be compensated adequately to cover the basic administrative costs of conducting business. However, the low compensation rates often paid to contract and list-appointed attorneys mean they cannot afford professional offices or reliable telephone systems. Public defense clients' constitutional right to adequate representation includes a sufficient amount of confidential consultation with their attorneys. This consultation is so important that convictions have been reversed on the basis of ineffective assistance of counsel when the public defense attorney has failed to consult adequately with the client. State v. S.M., 100 Wn. App. 401 (2000). Due to widespread underfunding of overhead expenses, many attorneys have nowhere to consult with clients, and their only contact is a whispered conversation carried on in the hallway or spectator area of a packed courtroom while the judge deals with other cases. Similarly, many contract and list-appointed attorneys lack sufficient funds to pay for a reliable telephone system, instead relying on cell phones must be often turned off, or voicemail systems. The failure of attorneys to communicate adequately with clients is a common basis for client complaints to the Washington State Bar Association. Over half the contracts examined state that administrative expenses are the responsibility of the attorney. The general rule of thumb is that overhead costs (including staff)for an average attorney office total about half the amount charged by the attorney. As discussed earlier, public defense attorney pay can be as low as $19,600 per year for the equivalent of a full misdemeanor caseload of 300 cases per year; commonly, attorneys are paid from $30,000 to $70,000 for juvenile or felony caseloads that meet or exceed the caseload standards. Obviously, these compensation rates cannot be said to cover normal administrative expenses. A few county contracts specifically set out that the attorneys may submit necessary long-distance billing to the county for payment. One innovative contract provides an office for the defender in the county building, with the attorney responsible for furnishings and equipment. w 13 Standard Six:investigators Public defender offices,assigned counsel,and private law firms holding contracts to provide representation for poor people accused of crimes should employ investigators with criminal investigation training and experience.A minimum of one investigator should be employed for every four attorneys. Investigators have an essential role in public defense. Just as the state benefits from the investigative work of the police and forensic laboratories in the preparation of charging documents and prosecution of defendants, public defense attorneys must have similar investigative assistance to prepare an adequate defense. While the public defender meets with the client, researches issues, prepares pleadings, and appears in court, the investigator interviews prosecution witnesses and tracks down and interviews defense witnesses who may have recollections of events very different from the recollections of the prosecution's witnesses. Investigators visit crime scenes, take photographs and measurements, follow up on leads, assist with locating appropriate forensic experts, and generally make it possible for a defendant to present a coherent, substantiated defense. The structure of most public defense contracts reveals that Standard Six's one to four investigator/attorney ratio is not being met in the majority of counties. In counties with public defender offices, the investigative function is included within the defender contract, but not to the extent of the standard. Provisions for investigator services vary widely. In one third of the contract counties, the contract provides that the county will reimburse the attorney for any court ordered investigative service. One county provides an investigator at no cost to the public defender. Another county contract provides an additional $72.14 per felony case for investigator services and allows the attorney to petition the court if additional investigator funding is necessary. One county contract states that the attorney must pay for the investigator, unless under "exceptional circumstances" the court orders investigative services. Twelve counties specifically listed improving the availability of investigator services as one of the intended uses of the new 1542 state funding. Two counties indicated that they intend to use the funds to hire in-house investigators for their public defender offices. 14 Standard Seven:Support Services The legal representation plan should provide for adequate numbers of investigators,secretaries, paralegals,social work staff,mental health professionals and other support services.These professionals are essential to ensure the effective performance of defense counsel during trial preparation,in the preparation of dispositional plans,and at sentencing. 1. Secretaries-At least one full-time secretary should be employed for every four staff attorneys. Fewer secretaries may be necessary,however,if the agency has access to word processing or overload secretaries,or other additional staff performing clerical work. 2. Social Work Staff-Social work staff should be available to assist in developing release, treatment,and dispositional alternatives. 3. Mental Health Professionals-Each agency should have access to mental health professionals to perform mental health evaluations Adequate allocation of resources for support services allows cost-effective use of non-lawyer staff to perform necessary tasks in legal representation. Secretaries (or legal assistants) prepare files, contact witnesses, finalize pleadings, and generally serve to interface with clients--making appointments with clients, reminding them of hearing dates, and so forth--all of which frees up attorney time for representation tasks. Social workers and mental health professionals provide invaluable support services to work with clients and direct them to treatment services or other programs which will benefit them in dealing with their criminal charges. Few public defense attorneys have the time or expertise to navigate the maze of state and federal social programs which could help their clients. Yet, such programs can have substantial impact on the sentence ultimately imposed on a defendant and his or her chances to avoid repeat charges. The counties with public defender offices more nearly comply with this standard for adequate support services. Secretaries (or legal assistants) provide support for staff attorneys and five offices have social workers on staff to assist attorneys. In sharp contrast to the public defender offices, counties with contract attorneys often do not address necessary support services in their contracts. If addressed, these services are to be provided by the attorney within his or her compensation. In counties with contract/list attorneys, there is little ability to monitor whether or not the attorney is effectively investing in support services. The economic reality of many low-paying contracts is that any support services are simply unaffordable. 15 Standard Eight:Reports of Attorney Activity and Vouchers The legal representation plan shall require that the defense attorney or office maintain a case- reporting and management Information system which includes number and type of cases,attorney hours and disposition.This information shall be provided regularly to the Contracting Authority and shall also by made available to the Office of the Administrator of the Courts.Any such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form shall be used by assigned counsel attorneys seeking payment upon completion of a case.For attorneys under contract,payment should be made monthly,or at times agreed to by the parties,without regard to the number of cases closed in the period. Keeping records on each case handled —type of case, hours spent, disposition — and submitting that information to the contracting authority on a regular basis makes management of caseloads possible. Without such records, courts and county officials have little information on which to evaluate whether the county— and the indigent defendants —are receiving adequate services under the contract. Reporting requirements in the state vary with the types of county systems. Most counties require monthly or quarterly reports. Some reports are detailed as to hours spent on individual cases, type of cases, number of hearings, number of trials, and disposition. In one county, such a detailed report is presented quarterly to the presiding judge. In most counties, the report is provided to county staff. Some reports are simply a monthly summary of services provided. If attorneys are appointed off a list or are paid per case, a monthly invoice will be needed for payment, but the level of detail required may be limited. In smaller counties, where attorneys typically contract for the entire caseload of a court or a substantial part of that caseload, contracts provide for a lump sum annual compensation apportioned per month and these contracts often include no reporting requirement. However, two counties explicitly require that the attorney keep records; two require a voucher or claim submitted for reimbursable expenses or extraordinary casework; and one contract specifies that the county may request reports if needed. One county with a public defender office requires an annual report, another requires a quarterly report, and a third county which contracts with non-profit offices requires detailed monthly reports, in addition to quarterly expenditure reports and year- end attorney case assignment reports and financial reports. The county public defender agencies within county government participate in the regular report requirements of the county budget planning cycle. 16 Standard Nine:Training Attorneys providing public defense services should participate in regular training programs on criminal defense law,including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. In offices of more than seven attorneys,an orientation and training program for new attorneys and legal interns should be held to inform them of office procedure and policy.All attorneys should be required to attend regular in-house_training programs on developments in criminal law,criminal procedure and the forensic sciences.Attorneys in civil commitment and dependency practices should attend training programs in these areas.Offices should also develop manuals to inform new attorneys of the rules and procedures of the courts within their jurisdiction. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes. Continuing training is essential to effective representation of indigent criminal defendants. New legislation defining criminal behavior and creating a myriad of sentencing consequences, as well as new case law interpreting statutes and constitutional provisions, requires public defenders to constantly update their working knowledge of the law in order to provide effective representation. Reportedly, most public defender offices provide mentoring and training. However, in the majority of counties where public defenders are contract or list appointed attorneys, the Standard's goal of"regular training," a minimum of seven hours per year continuing education related to their area of practice and trial advocacy training, can be difficult to access. Criminal defense attorney organizations, such as the Washington Association of Criminal Defense Lawyers and the Washington Defender Association, have long provided a variety of quality courses that these contract/list attorneys can take. However, not all participate; the reality is that most criminal law continuing education courses are held in urban areas. Therefore, training opportunities have been lacking for public defense attorneys in many counties. Through funding provided by the Legislature under SB 5454 for training in fiscal year 2006, Washington State OPD held six regional training programs for public defenders around the state— in Kennewick, Spokane, Wenatchee, Poulsbo, Ocean Shores, and Vancouver. The two-day programs, which were offered free of charge, brought public defenders from neighboring counties to hear presentations by some of the most able local attorneys, discuss issues unique to their public defense practice, and connect with other defenders in the area. The three hundred-plus public defense attorneys who attended gave overwhelmingly positive evaluations, and many asked that similar regional trainings be repeated. Review of the public defense contracts submitted by the counties reflects that only a few make training an explicit requirement (although one county in which the �rw 17 public defenders also serve as guardians ad litem (GALs) did explicitly require GAL training). Under RCW 10.10.050, counties and cities must require that attorneys who provide public defense services attend Washington State OPD approved training. This is a requirement that all counties who applied for HB1542 funding, except one, agreed to implement in 2007. 18 Standard Ten:Supervision Each agency or firm providing public defense services should provide one full-time supervisor for every ten staff lawyers or one half-time supervisor for every five lawyers.Supervisors should be chosen from among those lawyers in the office qualified under these guidelines to try Class A felonies.Supervisors should serve on a rotating basis,and except when supervising fewer than ten lawyers,should not carry caseloads. Supervisors provide critical mentoring and oversight as attorneys work through their caseloads. Supervision by a more experienced attorney can assist newer attorneys in acquiring important information about conducting a practice in a particular jurisdiction. Several counties' ordinances have adopted the ten to one ratio and one ordinance states that the county agency shall provide sufficient supervision as determined by the agency director. Counties with public defender agencies or non- profit defender organizations are most likely to work to comply with the standard, though few actually achieve supervision by attorneys who carry no caseload themselves. While supervision is possible in larger counties where a public defender agency exists or a sufficiently large firm holds a county contract, such oversight rarely occurs in smaller counties where many sole practitioners provide public defense services. Some firms contracting for public defense representation provide mentoring and supervision for newer attorneys. law In most counties, the issue of supervision is not addressed in contracts. In two counties, the county ordinance specifically notes that due to the county's small overall caseload size, supervision cannot be justified, but does provide for monitoring and evaluation. Several ordinances simply omit any reference to supervision, although one such county does include a vague reference in its contract, requiring the contractor to "provide" for the supervision of its attorneys, as well as their training, monitoring and evaluation. 19 Standard Eleven:Monitoring and Evaluation of Attorneys The plan for public defense services should establish a procedure for systematic monitoring and evaluation of attorney performance based upon publicized criteria.Supervision and evaluation efforts should include review of time and caseload records,review and inspection of transcripts,in- court observations,and periodic conferences. Performance evaluations made by a supervising attorney should be supplemented by comments from judges,prosecutors,other defense lawyers and clients.Attorneys should be evaluated on their skill and effectiveness as criminal lawyers or as dependency or civil commitment advocates. Monitoring and evaluation of attorney performance is necessary to the consistent implementation of public defense standards of performance. Standard Eleven addresses reasonable methods to conduct such monitoring and evaluation: review of time and caseload reports, reviewing transcripts of hearings and trials, in-court observations and periodic conferences. Yet, outside of the defender agencies, regular monitoring and evaluation is spotty. Over one-third of the counties do not address monitoring in their contracts. A few counties lump monitoring together with the requirement that the contractor take sole responsibility for the training and supervision of attorneys providing public defense under the contract. Several counties' contracts state that the contracting attorney may be monitored. One contract sets out a detailed plan for annual evaluation by judges, Nesol and states that any negative reviews must be addressed with a plan for correction. As of the end of 2006, at least three counties plan to use their 1542 allocations to address the issue of monitoring and evaluation by funding new attorney/administrator positions to oversee and work to improve the provision of public defense services. Clark County's new Indigent Defense Coordinator has already begun implementing contracts based on careful assessments of attorney qualifications, dealing with client complaints, monitoring attorney performance, and planning evaluations. In most of the state, however, ordinance and contract provisions authorizing monitoring are not enforced. The WSBA's Blue Ribbon Panel on Criminal Defense reported that few of justice system survey respondents —only 6.5%--believed that public defense attorneys were regularly evaluated or monitored. The Panel concluded, "There is currently no effective oversight by courts or administrators in some jurisdictions to ensure that indigent defendants receive constitutionally effective representation." Washington State OPD's review of county contracts confirms that, outside of defender agencies, the Blue Ribbon Panel's findings are still painfully accurate. 20 Standard Twelve: Substitution of Attorneys or Assignment of Contract The attorney engaged by local government to provide public defense services should not sub- contract with another firm or attorney to provide representation and should remain directly involved in the provision of representation.If the contract is with a firm or office,the contracting authority should request the names and experience levels of those attorneys who will actually be providing the services,to ensure they meet minimum qualifications.The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement. This standard admonishes against subcontracting and notes that the contractor should be directly involved in representing the client. The danger to be avoided is subcontracting with less qualified attorneys who may provide ineffective assistance without the involvement of the contracting attorney. Most counties with a contract public defense system address subcontracting either in their ordinance or their contracts, permitting subcontracting with the approval of the county, the court or both. Several counties make no mention of subcontracting. One county allows the contractor to "employ" co-counsel. One county contracts only with individual attorneys, even if they are affiliated with a law firm, and these attorneys are prohibited from sub-contracting. 'grow One county contract reflects a troubling practice of mandating that the contractor subcontract with non-affiliated attorneys who can provide conflict counsel. Under this contract, the contractor and subcontractors should try to resolve conflicts among themselves so the county does not need to incur additional expense for any other conflict counsel. Such a practice where the contractor bears the cost of conflict counsel is prohibited under RCW 10.101.060(1)(b) since it serves as a disincentive to recognize and remedy a potential conflict of interest. 21 Ned Standard Thirteen:Limitations on Private Practice of Contract Attorneys Contracts for public defense representation with private attorneys or firms shall set limits on the amount of privately retained work which can be accepted by the contracting attorney.These limits shall be based on the percentage of a full-time caseload which the public defense cases represent. This standard, adopted to ensure that caseload limits are realized, is largely ignored in many counties. In the twenty-four counties that provide public defense services through contract or list appointments, little limitation of private practice is required or enforced. Attorneys frequently maintain a private practice, which results in their carrying considerably more cases than are recommended as full public defense caseloads in these standards. It is commonly recognized that many public defense attorneys take contracts to "pay their overhead expenses" while they rely on private clients for their take-home pay. This practice allows counties to continue to pay low compensation rates for public defense contracts. The result is that indigent defendants may not receive representation in accordance with professional performance norms or Standard Two, Duties and Responsibilities of Counsel. Often county contracts will require that an attorney "represents and warrants that Attorney's private law practice and personal schedule will not interfere with Attorney's ability to timely and efficiently perform . . . services. . . ." However, since most counties lack specific oversight of the public defense contracts or list attorneys, even this minimal requirement is not enforced. With HB 1542's amendments passed in 2005, Chapter 10.101 RCW now requires that contracting attorneys report to the county "hours billed for nonpublic defense legal services," and include "number and types of cases." Washington State OPD's HB 1542 application specifically asks counties to confirm that they will begin to require this reporting. Despite the prevalence among public defense attorneys of carrying significant private caseloads, one-quarter of the counties applying for funding reported that at least at the time of their applications for state funds, they do not plan meet this requirement. Asking counties and attorneys to commit to a caseload at standards requires a fair rate of compensation for public defense attorneys so they can make a middle class living by carrying a reasonable caseload. As recognized by HB 1542, the counties, by themselves, have not been able to allocate sufficient funding and state dollars are needed to ensure a fair rate of pay. Otherwise, it seems apparent that caseload limitation standards will continue to be largely disregarded. 22 CITY OF RENTON COUNCIL AGENDA BILL AI#: ! d, Submitting Data: For Agenda of: '"+ Dept/Div/Board.. AJLS/City Clerk November 19, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-014; Court Case Correspondence.. Cheryl J. Austin and Jack Austin, Wife and Husband, Ordinance vs. City of Renton; Frank Coluccio Construction Resolution Company; Shana A. Carter and John Doe Carter, Wife Old Business and Husband; Sound Ford Inc. Exhibits: New Business Summons and Complaint Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Summons and Complaint for Personal Injury filed in King County Superior Court on behalf of Cheryl J. Austin and Jack Austin by Jay DeMERS, Attorney at Law, 2200 6th Ave., Suite 1250, Seattle, 98121, who seek compensation for medical expenses and economic loss due to injuries sustained by Cheryl J. Austin as a result of an accident on 11/20/2004 at Shattuck Ave. S. and S. 7th St. allegedly due to obstruction of her field of vision due to signage for a construction project and negligent operation of the vehicle by the driver who collided into her vehicle. • 1 2 � .S: I 3 i---_--:_____sc.Z:).Z,.;..c::,-3,:J17‘,',:,[:;[i CITY'IlF FIEHr°" 4 5 NOV 14 0107 6 _Ws IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON cam _� s©FME IN AND FOR THE COUNTY OF KING : , 0 4. 7fria '6e Aegd 8 CHERYL J. AUSTIN and JACK AUSTIN, ) r_, wife and husband and the marital community ) .� �'� ;�a.r 1 9 composed thereof, ) I`.�o. 1 i �, { N 10 Plaintiffs, SUMMONS 11 vs. C C Mo CITY OF RENTON, a municipal corporation ) ouyr . 12 and FRANK COLUCCIO CONSTRUCTION ) gIskQ a .,,o,M„ COMPANY, a Washington for profit ) ) i / 13 corporation; SHANA A. CARTER and JOHN ) A DOE CARTER, wife and husband and the eitAt marital community composed thereof; ) 14 SOUND FORD INC, a Delaware for profit ) Rh/I& RD( Mm n/51rA corporation, ) 15 ) Defendants. ) 16 TO THE DEFENDANTS: 17 A lawsuit has been started against you in the above-entitled Court by the 18 Plaintiff's. Plaintiffs' claims are stated in the written Complaint, a copy of which is 19 served upon you with this Summons. 20 In order to defend against this lawsuit, you must respond to the Complaint 21 stating your defense in writing, and serve a copy upon the undersigned attorney fort e 22 Plaintiffs within twenty(20) days after the service of 23 444mw 24 JAY DeMERS Attorney at Law C PPenthouse Suite 1250 2200 Sixth Avenue vSeattle,Washington 98121 SUMMONS-1 - Phone: (206)441-1980 PO0t Nmid 1 this Summons, excluding the day of service, if served within the State of Washington(o 2 within (60) days after said service, if served outside the State of Washington), or 3 Default Judgment may be entered against you without notice. A Default Judgment is one 4 where Plaintiffs are entitled to what they ask for because you have not responded. If yo 5 serve a Notice of Appearance on the undersigned attorney, you are entitled to notic- 6 before a Default Judgment may be entered. 7 You may demand that the Plaintiffs file this lawsuit with the Court. If you do 8 so, demand must be in writing and must be served upon the Plaintiffs. Within fourtee 9 (14) days after you serve the demand, the Plaintiffs must file this lawsuit with the Court, 10 or the service on you of this Summons and Complaint will be void. 11 If you wish to seek the advice of an attorney in this matter, you should do so • 12 promptly so that your written response, if any, may be served on time. 13 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules o' 14 the State of Washington. 15 16 DATED this 17th day of October,2007. 17 18 19 1 Q I► . JAY DeME' S 2 0 Attorney for Plaintiffs WSBA#10623 21 22 2 3 2 4 JAY DeMERS Attorney at Law Penthouse Suite 1250 2200 Sixth Avenue Seattle,Washington 98121 vti,,,,a• (2nm441-1980 , 1 2 L 3 ' �kyq}�y OF TON 4 Jw 5 NOV 1 2007 RECED 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON �� MR OFFICE IN AND FOR THE COUNTY OF KING 9.We Q,61 7 via ,44 c L'ya/ 8 CHERYL J. AUSTIN and JACK L. AUSTIN, ) wife and husband and the marital community ) 9 composed thereof, Witis2 ' 33629 "1 ° - . 10 Plaintiffs, ) COMPLAINT FOR DAMAGES . vs. ) FOR PERSONAL INJURIES 11 ) CITY OF RENTON, a municipal corporation ) 12 and FRANK COLUCCIO CONSTRUCTION ) large COMPANY, a Washington for profit ) 13 corporation; SHANA A. CARTER and JOHN ) DOE CARTER,wife and husband and the 14 marital community composed thereof; ) SOUND FORD INC, a Delaware for profit ) 15 corporation, ) Defendants. ) 16 1.7 COME NOW, Cheryl J. Austin and Jack L. Austin, wife and husband, by and 18 through their attorney of record, Jay DeMers, and for causes of action against the 19 Defendants and each of them,claim and allege as follows: 20 I. 21 Plaintiffs Cheryl J.Austin and Jack L.Austin,respectively, constitute a marital 22 community under the laws of the State of Washington and at all times material hereto were 23 2 4 . JAY DeMERS O Attorney at Law Penthouse Suite 1250 COMPLAINT FOR DAMAGE ` 2200 Sixth Avenue FOR PERSONAL INJURIES Seattle,Washington 98121 Page 1 of 6 Phone: (206)441-1980 /7 ^ . • 1 and are now residents of King County,Washington.The motor vehicle collision which 2 gives rise to this instant lawsuit took place within King County, State of Washington. 3 4 II. 5 For compliance with RCW 4.96.020, Plaintiffs filed a claim for damages with the 6 City of Renton on August 10,2007. Sixty (60) days have elapsed since filing. On or about 7 August 22, 2007, Washington Cities Insurance Authority on behalf of the City of Renton 8 tendered defense of the claim to Defendant Frank Coluccio Construction Company and 9 their liability insurer. 10 11 III. • 12 Defendant City of Renton is a municipal corporation, a political subdivision of the 13 State of Washington,with capacity to sue and be sued in it's own name for the acts and/or 14 omissions of its agents and/or employees pursuant to RCW 4.96.010. 15 16 IV. 17 Defendant Frank Coluccio Construction Company is a duly licensed for profit 18 Washington corporation, transacting business, for the purpose of this action, in Renton, 19 King County, State of Washington. 20 21 V. 2 2 Defendant Sound Ford, Inc., is, and was at all times material hereto,believed to 23 2 4 JAY DeMERS Attorney at Law Penthouse Suite 1250 COMPLAINT FOR DAMAGES 2200 Sixth Avenue FOR PERSONAL INJURIES Seattle,Washington 98121 Dn..n of 1 Phone: (206)441-1980 1 be a for profit Delaware corporation transacting business for the purpose of this action, 2 in Renton,King County, State of Washington. 3 VI. 4 This Court has jurisdiction over this cause and venue is proper pursuant to RCW 5 4.12.020 and RCW 4.12.025. 6 7 VII. 8 Defendants Shana A. Carter and John Doe Carter, respectively, constitute a 9 marital community under the laws of the State of Washington and any and all acts or 10 omissions of Defendant Shana A. Carter were done on behalf of and for the benefit of 11 their marital community. 12 'fir 13 VIII. 14 On or about November 20,2004, Plaintiff Cheryl J. Austin(hereinafter 15 "Cheryl")was the operator of a motor vehicle traveling South on Shattuck Avenue 16 South at the intersection with South 7th Street, in Renton, Washington. Cheryl came to a 1 complete stop at the stop sign. After coming to a complete stop, Cheryl realized that her 18 field of vision to her right was obstructed by construction signage for a construction 19 project on the northwest corner of the intersection. Defendant City of Renton had 2 0 entered into a public works contract with Defendant Frank Coluccio Construction 21 Company at the site. It is believed and therefore averred that agents and/or employees 22 of Frank Coluccio Construction Company had placed the signage that obscured 23 2 4 JAY DeMERS Attorney at Law Penthouse Suite 1250 COMPLAINT FOR DAMAGES 2200 Sixth Avenue FOR PERSONAL INJURIES Seattle,Washington 98121 Page 3 of 6 Phone: (206)441-1980 \ 1 � 1 Cheryl's view of the roadway to her right. 2 3 IX. 4 Defendant Frank Coluccio Construction Company,by and through its agents 5 and/or employees had a duty to place signage at or near the construction site in 6 conformance with industry standards and in such manner so as not to interfere with use 7 of the public roadway in a safe manner. Said duty was breached. Defendant City of 8 Renton is vicariously liable for the acts and/or omissions of its agent Frank Coluccio 9 Construction Company. 10 11 X. 12 Defendant City of Renton had a duty to inspect the construction site regularly to 13 ensure that no dangerous condition was created or allowed to be maintained. Said duty 14 was breached and/or negligently undertaken in that the signage that obscured Cheryl's 15 vision was allowed to exist. 16 17 XI. 18 Cheryl moved to a place on the roadway where she believed she observed a 19 clear stretch of road sufficient to allow her to proceed across the intersection safely. As 2 0 she proceeded into the intersection,her vehicle was struck broadside by a vehicle 21 owned by Defendant Sound Ford Inc. and driven by Defendant Shana A. Carter, an 22 employee of Defendant Sound Ford Inc..The impact from the vehicle driven by 23 2 4 *441110 JAY DeMERS Attorney at Law Penthouse Suite 1250 COMPLAINT FOR DAMAGES 2200 sixth Avenue FOR PERSONAL INJURIES Seattle,Washington 98121 POOP 4 of 6 Phone: (206)441-1980 1 Defendant Shana A. Carter was sufficiently forceful that it caused the vehicle Cheryl °rr 2 was driving to roll over coming to rest on its roof after striking another vehicle. 3 4 XII. 5 Defendant Shana A. Carter was on a test drive of a vehicle owned by her 6 employer Defendant Sound Ford Inc.. Defendant Shana A. Carter had a duty to operate 7 the vehicle driven by her in such a manner as to prevent a collision. Said duty was 8 breached by the negligent operation of the vehicle at a speed in excess of the legal limit 9 and which speed precluded her ability to perceive Cheryl's vehicle and react so as to 10 avoid the collision. 11 • 12 XIII. Nirr° 13 Defendant Shana A. Carter was an employee of Defendant Sound Ford Inc. 14 acting within the scope of her employment for the benefit of her employer. Defendant 15 Sound Ford is vicariously liable for the acts and/or omissions of its agents and/or 16 employees pursuant to the doctrine of respondeat superior. 17 18 XIV. 19 As a direct and proximate result of said negligent operation of Defendant Sound 2 0 Ford Inc.'s vehicle by its employee,Defendant Shana A. Carter,and the negligent signage 21 placement by Defendant Frank Coluccio Construction Company and negligent failure to 22 inspect the construction site by Defendant City of Renton,Cheryl suffered personal 23 2 4 JAY DeMERS Attorney at Law Penthouse Suite 1250 COMPLAINT FOR DAMAGES 2200 sixth Avenue FOR PERSONAL INJURIES Seattle,Washington 98121 Page 5 of 6 Phone: (206)441-1980 1 injuries and property damage,has incurred medical expenses,has endured pain and 2 suffering,mental anguish,and a loss of enjoyment of life in an amount to be proven at 3 trial.The marital community of Plaintiffs and particularly Jack L. Austin has suffered 4 damages for loss of consortium, society,companionship and loss of wages in an amount to 5 be proven at trial. 6 XV. 7 WHEREFORE Plaintiffs pray for Judgment against the Defendants and each of 8 jointly and severally as follows: them and the Carter marital community 9 A. For general and special damages; 10 B. For costs,reasonable attorney fees allowable by law and disbursements; 11 C. For prejudgment interest on all liquidated damages; 12 D. For such other or further relief as the Court may deem equitable and just in 13 the premises. 14 15 DATED this 17th day of October,2007. 16 17 h".1"4 18 JAY DeMERS Attorney for Plaintiffs 19 WSBA#10623 20 21 22 23 2 4 JAY DeMERS Attorney at Law Penthouse Suite 1250 COMPLAINT FOR DAMAGES 2200 sixth Avenue FOR PERSONAL INJURIES Seattle,Washington 98121 Dr.era' of Phone: (206)441-1980 CITY OF RENTON COUNCIL AGENDA BILL ( AI a: j - Fj , Submitting Data: For Agenda of: Nov. 19, 2007 Nor' Dept/Div/Board.. Community Services Staff Contact Peter Renner Agenda Status Consent Subject: Public Hearing.. Revise RMC 2-8, Municipal Arts Commission, by Correspondence.. developing a Master Plan for Arts and Culture and Ordinance X clarifying public art funding procedures. Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This ordinance authorizes the development of a 5-year Master toilsio Plan for Arts and Culture, subject to annual review by the Mayor and City Council, in order to establish a more fully realized vision and strategic plan for the arts and culture in Renton. The funding process for the 1% for Art Fund is also clarified, in two areas: 1) Funding for works of art for public facilities shall be initially established and then adjusted based on the final project cost of the CIP, and 2) a specific time (prior to August 1 or during the annual budget process) shall be set for the annual review of the 2-year plan to determine which capital projects will be slated for the 1% for Art Fund. Finally, a conservation plan shall be developed for the maintenance of Renton's works of public art. STAFF RECOMMENDATION: Adopt an ordinance that revises City Code 2-8, Municipal Art Commission. Rentonnet/agnbill/ bh 0 ®0� COMMUNITY SERVICES DEPARTMENT • �e'2M E M O R A N D U M DATE: November 7, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ,-„,Kathy Keolker, M or FROM: Terry Higashiyam , Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, x6605 SUBJECT: Revision to City Code 2-8, Municipal Art Commission ISSUE: Should the Council approve the proposed ordinance revising Chapter 2-8, Municipal Art Commission? BACKGROUND: In order to provide vision and direction to Renton's artistic and cultural presence, the Municipal Arts Commission (MAC)proposes introducing a 5-Year Master Plan for Arts and Niue Culture, similar to the Strategic Vision for Arts and Culture adopted by Bellevue in 2004. The Master Plan would be commissioned, researched and produced specifically for Renton,with consideration given to Renton's history and contributions to the region, and its possibilities for the future. It would include the City's vision and goals for future works of public art and a strategic plan for implementing those goals. The Plan and its elements would be subject to annual review and approval by the Mayor and City Council. The funding process for the 1% for Art Fund is also clarified, in two areas. The City of Renton funds art for its municipal building projects through the "1% for Art Fund.” One percent (1%) of Public Works projects.is designated for public art, subject to the following guidelines: 1) Public Works Projects must have a budget above $10,000. 2) The Public Works Projects must be for either new construction or major renovation; routine and/or periodic public works are excluded. 3) The cost of land acquisition is not included in the total project budget, nor is the cost of equipment, vehicles, and machinery. 4) Some federal and state funding or grants specifically exclude a public art component, and these funds are not counted toward the total project budget. RMC 2-8-7 establishes the guidelines for how the City authorizes and appropriates the 1% for Art funds. H:\HUMAN_SE\-MA's File\For Peter Renner\Legislation\Ord RMC 2-8 Issue Paper MAC.doc p. 1 In order to clarify the timeframe for establishing the I% for Art amount for each qualifying municipal construction project, MAC proposes that 1% of the actual total project cost be set concurrently upon the project's budgeting and authorization by the Mayor. The amount that is then transferred to the 1% for Art Fund can later be adjusted up or down from that amount, based on the actual total municipal construction project cost after it has been completed. MAC also proposes setting a specific time for the annual review of all capital improvement projects anticipated within the following two-year period in order to determine which projects are appropriate for inclusions of works of art and to estimate the amount to be allocated for the 1% for Art Fund. MAC proposes that such review be made prior to August 1 of each year, or during the City's annual budget process. This will assist in the management of the 1% for Art Fund, as well as provide earlier notice for the CIP staff as to the amounts to be allocated for the Fund. Finally,MAC proposes that the ordinance authorize MAC to develop a conservation policy from which it may prepare specifications for a maintenance plan for the City's works of art. Such maintenance would be managed by the City's Facilities Division. STAFF RECOMMENDATION: Authorize Community Services' proposed revisions to Chapter 2-8, Municipal Arts Commission. PR:maa Enc. cc: Jay Covington,CAO Mike Bailey,F&IS Administrator H:\HUMAN_SE\-MA's File\For Peter Renner\Legislation\Ord RMC 2-8 Issue Paper MAC.doc p.2 CITY OF RENTON, WASHINGTON slow ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 8, MUNICIPAL ARTS COMMISSION, OF TITLE II (COMMISSIONS AND BOARDS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY INTRODUCING A FIVE-YEAR MASTER PLAN FOR ARTS AND CULTURE; CLARIFYING HOW FUNDING IS ESTABLISHED AND ADJUSTED FOR THE 1% FOR ART FUND; AND SCHEDULING THE ANNUAL REVIEW OF THE TWO-YEAR PLAN FOR PROJECTS SLATED FOR THE 1% FOR ART FUND, TO BE COMPLETED DURING THE ANNUAL CITY BUDGET PREPARATION PROCESS. SECTION I. Sections 2-8-2 and 2-8-3 of Chapter 8, Municipal Arts Commission, of Title II, Commissions and Boards, of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 2-8-2 PURPOSE: The City of Renton recognizes and acknowledges the importance of and benefit to the public in providing visual art and performance in its public works and facilities, and to encourage and promote such art and the work of artists. It shall therefore be the policy of the City, unless otherwise prohibited or limited by law, to direct and further the inclusion of art in its public works. The term"art"shall be liberally construed and include the conscious production of arrangement of sounds, colors, forms, movements,or other elements in a manner that affects the sense of beauty and is of aesthetic value. 2-8-3 FUNCTION: A. The Commission shall act in an advisory capacity to the Mayor and City Council in connection with the artistic and cultural development of the City. The Commission shall also act as the conservator of the City's works of public art. ORDINANCE NO. B. The Commission shall be responsible for reviewing the design, execution. and acceptance of works of art funded or otherwise acquired by the City. Procedures for these responsibilities shall be developed by the Commission in writing and a copy thereof shall be filed with the City Clerk of the City and furnished unto the office of the Mayor and City Council. Such procedures shall not be in full force and effect until approved by the City Council. C. The Commission shall develop a Five-Year Master Plan for Arts and Culture, which shall include the City's vision and goals for future works of public art, and a strategic plan for implementing these goals. The Five-Year Master Plan shall he subject to review and approval by the Mayor and City Council on an annual basis. During the Commission's annual review of all capital improvement projects as set forth in Section D below, the Mayor shall propose, for Council review and approval, which Master Plan elements should receive funding based on the projected 1% for Art funding guidelines as set forth in RMC 2-8-7 or as otherwise determined by the City Council. CD. Prior to August 1 of each year or during the City's annual budget process, Tthe Commission shall make an annual review with the Mayor, or his/her representative, of all capital improvement projects anticipated within the following two (2) year period to determine which projects are appropriate for inclusion of works of art and to estimate the amount to be allocated for said purpose. The Mayor, with appropriate budgetary authorization from the City Council, may establish the amount to be provided for the project(s), as guided by RMC 2-8-7. or may If. however, the Mayor decides that there will be no funds expended for art on a municipal construction project, and upon concurrence from the City Council, . If such inclusion is -•- . -• - . . . . . . b' -• - , then the funds allocated therefor shall be 2 ORDINANCE NO. expended as set forth in RMC 2-8-7C or as otherwise determined by the City Council. Copies of 84"' any proposals prepared by the Commission shall likewise be furnished to the Community Services Department of the City. 1. Definition of municipal construction project: Any public building, decorative or commemorative structure,park, street, sidewalk, parking facility, or any portion thereof, within the City limits, which will be constructed, renovated or remodeled, and paid for wholly or in part by the City, and the total project cost of which exceeds ten thousand dollars ($10,000.00) to construct, renovate or remodel. 2. "Municipal construction project" shall not be defined to include capital projects paid for wholly or in part by the City's water and sewer utility. DE. Whenever a work of art is to be funded under this Chapter the Commission shall, under its guidelines, select the appropriate work(s) of art and recommend that work(s) of art to the City Council. The City Council shall consider the recommendation of the Commission and either approve or refuse to approve the recommended work(s) of art. Should the Council refuse to approve the work(s) of art, then the Commission shall consider and recommend another work(s) of art to the City Council. Should the City Council approve the work(s) of art, then the administration shall proceed to contract with the appropriate artist or artists to obtain the work(s) of art. The contract with the artist or artists will be administered by the City staff. EF. Maintenance, inspection and rotation of works of art selected and installed under the advice and direction of the Renton Municipal Arts Commission shall be the responsibility of the administration of the City. The Commission may develop a conservation policy from which it may prepare specifications for a maintenance plan for of the City's works of art. The artwork maintenance shall be performed by the City's Facilities Division. The Commission-ung-_shall 3 ORDINANCE NO. inspect such maintenance work and make recommendations for the guidance of the administration in so maintaining the works of art. -PG. The Commission shall seek, whenever appropriate, alternative sources of financing for the visual and/or performing arts. GH. The Commission shall be responsible for disbursing money budgeted to it for support of cultural arts performances, arts related activities and organizations. Such money shall be used to support specific performances such as choral concerts or play performances, performing arts events such as the River Days Art Show, or special projects of a performing arts group such as coaches and music tutors for the Renton Youth Symphony. Such funds may not be used for capital purchases, facility renovations, maintenance or other non-performance expenditures. Any such funded performance must be held in Renton and primarily benefit Renton residents. SECTION II. Section 2-8-7 of Chapter 8, Municipal Arts Commission, of Title `" II, Commissions and Boards, of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2-8-7 WORKS OF ART AND PUBLIC FACILITIES: A. Subject to the consultation requirements of RMC 2-8-3C3D, all authorizations and/or appropriations for Municipal construction projects shall, concurrently, upon budgeting therefor by the City Council and authorization by the Mayor, whenever legally permitted, include an amount equal to not less than one percent(1%)of the actual total project cost, to be used for the selection, acquisition and/or installation of works of art to be placed in, on, or about City public facilities, which are suitable and appropriate therefor. The amount that is then transferred to the 1% for Art Fund, based on the project's budget cost that is used for planning 4 F ORDINANCE NO. purposes. shall be adjusted up or down from that amount, based on the actual total project cost `'`" after it has been completed. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to grants, loans, or assistance from Federal, State or other governmental units, prohibits, limits or excludes art and art works as a proper expenditure, then the amount of funds from such source shall be excluded in computing the one percent(1%) amount of the total project cost. B. All funds authorized and/or appropriated pursuant to this Section shall be Imaintained in the Municipal 1% for Arts Fund. The City Council, upon the recommendation and advice of the Commission, shall approve, from time to time, the amount to be allocated for the selection, acquisition and/or installation of individual works of art to be placed either as an integral part of the municipal construction project in connection with which the funds were appropriated or attached thereto, or detached within or outside such project, or to be placed in, on Nbspe or about other public facilities. All of such expenditures for art shall be approved by the City Council and as otherwise provided by law. C. Funds authorized and/or appropriated pursuant to this Section for a municipal construction project but not expended on any such project shall be placed and retained in the Municipal 1% for Arts Reserve Fund. If for any reason any transfer to such Fund shall be contrary to law or prohibited by any rule or regulation governing such funds, then any such unspent or residual sum authorized and/or appropriated as a part of such construction project may be expended for any like or similar public purpose or purposes relating to the selection, acquisition and/or installation of works of art. SECTION III. This ordinance shall become effective after its passage, approval, and 30 days after its publication. Now 5 vim& ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. . : varii6 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 8, MUNICIPAL ARTS COMMISSION, OF TITLE II (COMMISSIONS AND BOARDS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON"BY INTRODUCING A FIVE-YEAR MASTER PLAN FOR ARTS AND CULTURE; CLARIFYING HOW FUNDING IS ESTABLISHED AND ADJUSTED FOR THE I% FOR ART FUND; AND SCHEDULING THE ANNUAL REVIEW OF THE TWO-YEAR PLAN FOR PROJECTS SLATED FOR THE I% FOR ART FUND, TO BE COMPLETED DURING THE ANNUAL CITY BUDGET PREPARATION PROCESS. SECTION I. Sections 2-8-2 and 2-8-3 of Chapter 8, Municipal Arts Commission, of Title II, Commissions and Boards, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 2-8-2 PURPOSE: The City of Renton recognizes and acknowledges the importance of and benefit to the public in providing visual art and performance in its public works and facilities, and to encourage and promote such art and the work of artists. It shall therefore be the policy of the City, unless otherwise prohibited or limited by law, to direct and further the inclusion of art in its public works. The term "art" shall be liberally construed and include the conscious production of arrangement of sounds, colors, forms, movements, or other elements in a manner that affects the sense of beauty and is of aesthetic value. 2-8-3 FUNCTION: A. The Commission shall act in an advisory capacity to the Mayor and City Council in connection with the artistic and cultural development of the City. The Commission shall also act as the conservator of the City's works of public art. ORDINANCE NO. B. The Commission shall be responsible for reviewing the design, execution, and '" 410 acceptance of works of art funded or otherwise acquired by the City. Procedures for these responsibilities shall be developed by the Commission in writing and a copy thereof shall be filed with the City Clerk of the City and furnished unto the office of the Mayor and City Council. Such procedures shall not be in full force and effect until approved by the City Council. C. The Commission shall develop a Five-Year Master Plan for Arts and Culture, which shall include the City's vision and goals for future works of public art, and a strategic plan for implementing these goals. The Five-Year Master Plan shall be subject to review and approval by the Mayor and City Council on an annual basis. During the Commission's annual review of all capital improvement projects as set forth in Section D below, the Mayor shall propose, for Council review and approval, which Master Plan elements should receive funding based on the projected 1% for Art funding guidelines as set forth in RMC 2-8-7 or as otherwise determined by the City Council. D. Prior to August 1 of each year or during the City's annual budget process, the Commission shall review with the Mayor, or his/her representative, all capital improvement projects anticipated within the following two (2) year period to determine which projects are appropriate for inclusion of works of art and to estimate the amount to be allocated for said purpose. The Mayor, with appropriate budgetary authorization from the City Council, may establish the amount to be provided for the project(s), as guided by RMC 2-8-7. If, however, the Mayor decides that there will be no funds expended for art on a municipal construction project, and upon concurrence from the City Council, then the funds allocated therefor shall be expended as set forth in RMC 2-8-7C or as otherwise determined by the City Council. Copies of any ., 2 ORDINANCE NO. proposals prepared by the Commission shall likewise be furnished to the Community Services Department of the City. 1. Definition of municipal construction project: Any public building, decorative or commemorative structure, park, street, sidewalk, parking facility, or any portion thereof, within the City limits, which will be constructed, renovated or remodeled, and paid for wholly or in part by the City, and the total project cost of which exceeds ten thousand dollars ($10,000.00)to construct, renovate or remodel. 2. "Municipal construction project" shall not be defined to include capital projects paid for wholly or in part by the City's water and sewer utility. E. Whenever a work of art is to be funded under this Chapter the Commission shall, under its guidelines, select the appropriate work(s)of art and recommend that work(s)of art to the City Council. The City Council shall consider the recommendation of the Commission and either approve or refuse to approve the recommended work(s) of art. Should the Council refuse to approve the work(s) of art, then the Commission shall consider and recommend another work(s) of art to the City Council. Should the City Council approve the work(s) of art, then the administration shall proceed to contract with the appropriate artist or artists to obtain the work(s) of art. The contract with the artist or artists will be administered by the City staff. F. Maintenance, inspection and rotation of works of art selected and installed under the advice and direction of the Renton Municipal Arts Commission shall be the responsibility of the administration of the City. The Commission may develop a conservation policy from which it may prepare specifications for a maintenance plan for the City's works of art. The artwork maintenance shall be performed by the City's Facilities Division. The Commission shall inspect 'err 3 rrr► ORDINANCE NO. such maintenance work and make recommendations for the guidance of the administration in so lorsie maintaining the works of art. G. The Commission shall seek, whenever appropriate, alternative sources of financing for the visual and/or performing arts. H. The Commission shall be responsible for disbursing money budgeted to it for support of cultural arts performances, arts related activities and organizations. Such money shall be used to support specific performances such as choral concerts or play performances, performing arts events such as the River Days Art Show, or special projects of a performing arts group such as coaches and music tutors for the Renton Youth Symphony. Such funds may not be used for capital purchases, facility renovations, maintenance or other non-performance expenditures. Any such funded performance must be held in Renton and primarily benefit Renton residents. SECTION II. Section 2-8-7 of Chapter 8, Municipal Arts Commission, of Title II, Commissions and Boards, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2-8-7 WORKS OF ART AND PUBLIC FACILITIES: A. Subject to the consultation requirements of RMC 2-8-3D, all authorizations and/or appropriations for Municipal construction projects shall, concurrently, upon budgeting therefor by the City Council and authorization by the Mayor, whenever legally permitted, include an amount equal to not less than one percent (1%) of the actual total project cost, to be used for the selection, acquisition and/or installation of works of art to be placed in, on, or about City public facilities, which are suitable and appropriate therefor. The amount that is then transferred to the 1% for Art Fund, based on the project's budget cost that is used for planning 4 ORDINANCE NO. purposes, shall be adjusted up or down from that amount, based on the actual total project cost after it has been completed. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to grants, loans, or assistance from Federal, State or other governmental units, prohibits, limits or excludes art and art works as a proper expenditure, then the amount of funds from such source shall be excluded in computing the one percent (1%) amount of the total project cost. B. MI funds authorized and/or appropriated pursuant to this Section shall be maintained in the 1% for Arts Fund. The City Council, upon the recommendation and advice of the Commission, shall approve, from time to time, the amount to be allocated for the selection, acquisition and/or installation of individual works of art to be placed either as an integral part of the municipal construction project in connection with which the funds were appropriated or attached thereto, or detached within or outside such project, or to be placed in, on or about other Noisy public facilities. All of such expenditures for art shall be approved by the City Council and as otherwise provided by law. C. Funds authorized and/or appropriated pursuant to this Section for a municipal construction project but not expended on any such project shall be placed and retained in the 1% for Arts Reserve Fund. If for any reason any transfer to such Fund shall be contrary to law or prohibited by any rule or regulation governing such funds, then any such unspent or residual sum authorized and/or appropriated as a part of such construction project may be expended for any like or similar public purpose or purposes relating to the selection, acquisition and/or installation of works of art. SECTION III. This ordinance shall become effective after its passage, approval, and 30 days after its publication. 5 r ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1401:10/31/07:ch 6 Y CITY OF RENTON COUNCIL AGENDA BILL AI#: t"'"''' Submitting Data: Planning/Building/Public Works For Agenda of: November 19, 2007 Dept/Div/Board.. Development Services Division Staff Contact Jan Illian X-7216 Agenda Status Consent X Subject: Public Hearing.. Zetterberg Final Plat. Correspondence. Ordinance File No. LUA 07-058 FP (LUA 05-032 PP). Resolution X Old Business Exhibits: New Business 1. Resolution, legal description, vicinity and project Study Sessions site map Information 2. Staff Report and Recommendation Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: N/A iktiese Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project ' SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides a 1.4 acre parcel into 9 single-family residential lots and 1 storm drainage tract. The construction of the utilities and street improvements to serve the lots is complete at this time. All construction will be approved, accepted, or guaranteed as required through the Development Services Division and all conditions placed on the preliminary plat by City Council will be met prior to recording of the plat. STAFF RECOMMENDATION: Approve the Zetterberg Plat—LUA 07-058FP,with the following conditions and adopt the resolution. 1. All plat improvements shall either be constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All plat fees shall be paid prior to recording of the plat. H:\Divisions\Develop.ser\Plan.rev'Jan\Zetterberg Agenda Bill.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ZETTERBERG, FILE NO. LUA-07- 058FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determine that appropriate provisions are made for the Noisy Public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, school grounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS,the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, • WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION H. The final plat is hereby approved pertaining to the following described real estate, to wit: 1 RESOLUTION NO. See Exhibit it "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 1.4 acres, is located on S. 21st between Smithers Ave. S. and Talbot Rd. S.) Such plat is subject to the laws and ordinances of the City of Renton and subject to the findings, conclusions and recommendation of the Planning/Building/Public Works Department dated May 25, 2005. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1309:11/01/07:ch Nipoe 2 ZETTERBERG PLAT S.E. 1/4, S.E. '/4, SEC. 19, TWN-23N, RGE 5E, W.M. LEGAL DESCRIPTION LOTS 12 AND 13, PLAT No. 2 of RENTON CO-OPERATIVE COAL COMPANY'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS,PAGE 27,IN KING COUNTY,WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED JANUARY 25, 1974 UNDER RECORDING NUMBER Nor, 405 aki611111 167 I S21 sT IMST / --rsrrE VICINITY MAP N.T.S. ZEIItRBERG A PORTION OF S.E. 1/4, SE. 1/4, SEC. 19, T-23N, R-5E, W.M. Being a replat of Lots 12 and 13, Renton Co-Operative Coal Company's Acre Tracts, Vol. 9/27 City of Renton, King County, Washington COPPER PN IN CONC.. CALCULATED POSITION IN 2'WON PIPE (VISITED DEC 05) 19 ACCEPTED AS SR 515 ALIGNMENT N 1 391+62.25 31'85(001) �� 391+62.26 31'RT(C)COPPER PRN IN CONC., N 2-IRON PSI Iw (VISITED DEC 05) R---; 1 E1 to S.21ST ST. 232.82' 1 _ _ N8754.16-W 570.681(C)57042'(003) N6756'OYW 111.01' - _ ( 0 1 31-00' 8=3019'20' I ON OF RENTCN 206.61' - _ R=500.00*6 (M) 1.18 TSTANDARD O BE SET MC/NUM/NT 1 10 UNDERGROOND i 20.24' N88'0500'k(R) N IBE SET862 1¢ECTRIC STS riM I 0=3019' ) 1 1 EASEMENT TRACT.As COPPER PN IN CONC. Re500.00• )j(DOT)+ E 1Nmn58.6097 1 REG-No-8303090412 2931 SFt N 2'IRAN PIPE 10'U11UTY EASEMENT 1 STORM DRAINAGE I L=264.59" I SEE NOTE s in (VISITED DEC 05) SEE EASEMENT RESERVATION 1 SHEET 1 OF 3 389+83.40 P.T.ON SHEET I Cr 3 1 Z 389!92.43 AIN. 65.26' 45.75' N87'5NI'16'W 272.52' t R� 46.25' 10 30.26' - I ACCEPTED AS 5R 515 ALIGNMENT A=81,,,9---`1,9 2s 1 Lt0'i- 85.00 - } ____�S ELECTRICAL EASEMENT T�S_3-7 o I 1 '4=90'34'41" W • Z jD SEE NOTE 8 1 R=25.00' .13- 9 ,,O' I Q n SHEET 1 of 3 I'� 21 0, of - j 1=39.52' p ai NET AREA==S5.61 SFt£ EL m m 1/OC - it ,) , N01.31'03"E ,. /2t 00 m I 5.352 SF£ Y/�/ w a it 6 1 7.34' Cr O 02101 i✓�; o flAr�• 4=21'24'26' N53'53'08'E O o✓�, 070 _1��J S3;,L=18.68' 23.64' I J "( --11 &I'‘O-6:5'5.-.-.--' 4=2312'51" Io Q N8828'57"W ✓ n^D k _ 1..( O L=20.26' U 90.00' I W I 1 N8830"36"W I+ {moo ( N53'53'OB"E 68.25' N>F- (`D o 4.500 sF£ k'€ 11 ELp3,ND) 27.03' Un " ZQQry 03 mol com`�I 1 :%S A=40'06'25" 17 RCC 1// Q 1 Ng9^i / L=35.00' 8 0 10 F-W F-DI N 4=05'03'47"i 21• P 1 7 4.124 sF£ °& W L=4.42' umCE' J O W-i CO. N8828'S7-W P , 29.00' OO N mD6 in N I ry 2 I p� 90.20' fjf N8/328 57-W - 9•-72) N56'56'39"W 121 P0) Q 10"PRIVATE DRAINAGE EASEMENT SOTAND RDTT OF EMONUMENT3 NTCN 17.16' o U O SHOWN AS�I7 �yti ro eE sEr N68'30'36'W 67.22' �p I '17 Z SEE NOTE 7 SHEET 1 OF 3 N 171050 4204 O Z o 6�> E,300383.7371 "PRIVATE DRAINAGE EASEMENT 4=40'06'26" �h/ SHOWN AS(lam --I .7:1'.P. 3 L=35.00' 2/ N77�6'22'N(R)7777JJ SEE NOTE 6 SHEET 1 aF 3n 4.757 SF£ 6 1� / 4=40'06'26" W 0 mI3 _ `�'S`4, yam/ L=35.00' 7 0 EDI ya ,E,'1-aq'S. R,0.00 ��B. 4.737 sF* .43 ! 1'13 G, - 21- ,:,, 121,2 '0 08828'57'W 85.20' Ak ,y's -------_--_-I, tw 4=23'40'4T I ti"N0 4-40'06'25" � £ 1 w' .A,u'- N8830.36"W I L=20.66' ? 0 L=35.00' - NET AREA BOUNDARY/ f $=23'06'22" 79.03' �N cA n (TYPICAL) L=20.16' I 4 W 5 NET AREA BOUNDARY GROSS AREA=6,211 SF£ p- 5,206 12125* 0'2 (T RICAL) 6 0 ��� I NET AREA=5.439 Sit m -y CROSS AREA=5.603 SF* 83 /2119 !�' NET AREA=4,972 SF* www I O M _ Z Z /2,16 85.00' -�, �r,h 05009 9 85.53' 99.90' REN. SP 92,026.9o0 N88"30'36'W 270.43' REO- N0 LOT 2 V N8800'23'E(R)1 I _ _ 75.12'(0 15.0000:_11�, COPPER PN IN CONC., N 2'IRON PIPE (0SITED DEC 05) 387+00 31'LT.(DOT) 386+99 97 31.12'LT.(C) 191.i/ C.0.R.PT./230 11.�� ,,, COPPER PIN IN LEAD, y3 (VOTED N CASE •`G' (VISITED DEC OS) LEGEND j (M) MEASURED ! (C) CALCULATED , (G4) RENTON PLACE,VOL 178/14-16 (CO.R.) CITY OF RENTON CORNET CONTROL S: (DOT) RECORD OF SURVEY.REC.No.8507249002 C 2 (R) RADIAL _ I 14005E NUMBER GRAPHIC SCALE 30 0 15 30 60 LOT CORNERS TO BE SET AS DESCRIBED IN NOTE 4.SHEET 1 OF 3. NET AREA EOUALS THE GROSS AREA MINUS THAT PORTION OF THE LOT 11-111-111111-..-1 NARROWER THAN 80%Cr THE MINIMUM MDTN ALLOWED. (DT FSS!) 1 inch=90 ft AIS SEE SHEETS 1 OF 3 FOR ADDITIONAL NOTES ` WASHINGTON STATE PLANE, NORTH ZONE•HPGN 83/91 E.y DALEY-MOF IOW-POBLETE,NC. HPGN 83/91 PER C.O.R. ,IN., LAyh.gAp 726 AUBURN WAY NORTH Of M7 I, AUBURN WASHINGTON 98002 OF� S »t `s PHONE, (253)333-2200 (FAX)333-2206BASIS ::. R THE LINE BETWEEN C.O.R. 7i7 POINT NUMBERS 230 AND 659 �, P BEARING NO'03'OB"W f..CP4 fF4,I220.EV P. Q D ENGINEERING LAkD PPLANIIN' °*41 LA110 S ASI-EET 3 OF 3 05415FP 18 MAY•07 aall.ill' 1 .. 1• .... ow • ..... 1,l'r - ,74,4; me CITY OF . ?ETTERBERG 2/45/2005 .... i•• AN RENTON SHOAT PLAT ••••• ... .... .:Ir 1-'... :1:,..17. enCent t=tr Neighborhood Map — .. Sr DAW APPR ...... lo•-/-- \ / / 1 ) TN' --- nolo ilrami.v.:1111111"1„_1. . 11"Ifilliew 11 0 Itil....-3 '..- 0000111 11,116 ,,taiiii,,,,„ -i I- x- UC milijill=hi M _. .. . Ai Ji NA a a 1 . ;f , .. sm. ,-, , li . :_. 7.::: ,I.R..,,r, _ , alitio_ 4 Ilir so ill ill Olga _.;_, —. I .... . , . ei`!%° 1141rAi ip)117 .. 111 .,...1 Er= i__,11 , i'Firri 1PIP , h...,,..... ,. „go 1 ,, . „ ----II- 1 . a D In T=F::, .... -.11„„.._ I. 0 ,,,,e 0 0 r-i: rya., liti.,--„iii---,----.: oo Voi-s. 0 w R, 1 itl Ingi 1 , ins LIT, J i. ii a ill ma 0 ? Dr .... ' DM IIIMI Iws mpg ._, ...... ,,, thiglabi (-07i1 7,_ ':.4t - #i*arlillill 0. Ini; IIIM :Fs itrATI& _4 1 . 1411PK, b_CM 1 71,1°411.1 '11 we i 6 I No ,-- • • •II _ 0, _ , 1%2 2 aurnet Pt Iiii :-;:-. C_ TE1 , ' t 1 -)=----- L___I . il / I i,---—-- ilI_ ...... -b____ _ - '. - '•, -•-•:j ( _____I _ 1 4IS —:----__..-- —-- -— -__—--_-_-s,-_---,,,,,,-------- --,.-• •••====---,----,---- =---•==-- — -----_---- I - o-iinos avou NOWS-8S— C) , I 0 , 1111 11111 r IP 1, \ , - . .... . '`---- , ---------e-g--7-----mit ili \ rn L--------_--_-_-__---- -- - -13 * - -- !,--1 --,-- K e6M 6-- . " --- _--- - 4.* ______.---------- 40_,,-- ----------- --\\, (_-- , 1011°1111116'-- • 7:;.„..,,;-„,- __,,, , \____________-- _... , .I. 8 c%' Ilik ,r - / • )1 ---- IIIN "Alkopp---- 40; -7. ,s___----, , so ?, § ----) f ( 1401 j --------m-- _____(--- ,2- . .-- §AI III ---- -1111 scA5', 4' ct S.°. i- . I' i fioi VII 111111111.111111111 AL .4 Iv 4 g: 'g __----- 1--------- 1%--:-. ---_ ----, I , s, Zetterberg7....1.1= RFV1310115 PI t 4 Short Plat IWW.WA •SAS2''." M M M_. w 416k Ilart.Aak. ". M ' '-' " IX a g Site Developmint Associates,LLC ... Mil FINIMINI Neighborhood Map ik,:f.:1 v...saw c......,IMMIIIIIIIIIMIIIIIIII p ,.., 1 Mama Aw•Wern '''.1 13.01.4 =LW W. ME iNIE..... . DEVELOPMENT SERVICES DIVISION Now BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: M.J.F. Holdings, Inc. Zetterberg Plat File: LUA 07-058 FP LUA05-032PP LOCATION: 755 S. 21st Street SE 1/4 Section 05,Twn. 23N. Rge. 5E. WM SUMMARY OF REQUEST: Final Plat for 9 single-family residential lots with water, sewer, storm, streets, lighting, and a drainage tract. RECOMMENDATION: Approve With Conditions FINDINGS,CONCLUSIONS & RECOMMENDATION iite.r Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Michael Feuerborn of M.J.F. Holdings,Inc., filed a request for approval of a 9 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation, and other pertinent materials was entered into the record as Exhibit No. 1. 3. The 9-lot preliminary plat was subject to Environmental Review. 4. The subject proposal was reviewed by all depat tments with an interest in the matter. 5. The subject site is located at 755 S. 21st Street. The new plat is located in the SE 1/4 of Sec. 5, Twn. 23N. Rge. 5E. WM 6. The subject site is a 1.40-acre parcel. 7. The Preliminary Plat received City of Renton Council approval on August 09, 2006. 8. The site has a R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404 enacted in June 1993. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 'NINNY Page 2 10. The Preliminary Plat was subject to a number of conditions as a result of plat review. The applicant has complied with the following conditions: 'IS 1) The applicant has provided a revised landscape plan 2) The applicant provided temporary erosion control in accordance with the Department of Ecology's Stormwater Management Manual. 3) Transportation Mitigation fees will be paid prior to recording of the plat. 4) Fire Mitigation fees will be paid prior to recording of the plat. 5) Park Mitigation fees will be paid prior to recording of the plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 1/ DAY of -7 , 2007 I�G / `- D LOPMENT SERVICES DIVISION N CITY OF RENTON COUNCIL AGENDA BILL Al#: 6 . Submitting Data: For Agenda of: Dept/Div/BoardEDNSP November 12, 2007 Staff Contact Erika Conkling (x 6578) Agenda Status Consent X Subject: Public Hearing.. Highlands Study Area Rezone- Correction Correspondence.. 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: Expenditure Required... $0 Transfer/Amendment Amount Budgeted 0 Revenue Generated Total Project Budget $0 City Share Total Project.. SUMMARY OF ACTION: In May, the City Council adopted a package of Comprehensive Plan and Zoning amendments for the Highlands Study Area. The package adopted by the Council was based on the recommendation of the Highlands Task Force on Zoning. One of the Task Force recommendations included changing the land use and zoning designation of a group of parcels, located between Monroe Avenue NE and Olympia Avenue NE, south of NE 12 Street, from Residential Medium Density (RMD) designation and R-10 zoning to Residential Multi-Family (RMF) land use and zoning. The redesignation to RMF land use was accomplished by Ordinance 5285, but this area was inadvertently left out of Ordinance 5288 which would have amended the zoning as well. As a result, the zoning designation is currently not compliant with the Comprehensive Plan designation and the recommendation of the Highlands Task Force on Zoning has not been fully implemented. The action would correct this error. STAFF RECOMMENDATION: Amend Renton Municipal Code zoning designation to RMF of a group of parcels located between Monroe Ave. NE and Olympia Ave. NE, south of NE 12th Street, and adopt the ordinance. • Rentonnet/agnbill/ bh w.. ��y 0 ECONOMIC DEVELOPMENT, a; ♦ NEIGHBORHOODS, AND STRATEGIC • .� • PLANNING DEPARTMENT MEMORANDUM DATE: October 1, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Lc Alex Pietsch, Administrator STAFF CONTACT: Erika Conkling, Senior Planner(x6578) SUBJECT: Highlands Study Area Rezone Correction ISSUE: Should the City of Renton correct an error in the rezones adopted for the Highlands Study Area in May 2007? RECOMMENDATION: .r The City should correct the error and rezone the parcels between Monroe Avenue NE and Olympia Avenue NE, south of NE 12th Street to Residential Multi-Family(RMF) zoning. BACKGROUND SUMMARY: In May, the City Council adopted a package of Comprehensive Plan and Zoning amendments for the Highlands Study Area. The package adopted by the Council was based on the recommendation of the Highlands Task Force on Zoning. Recommended changes included amendments to the text of the Comprehensive Plan, amendments to the Comprehensive Plan map, amendments to the zoning map, and zoning text amendments. One of the Task Force recommendations included changing the land use and zoning designation of a group of parcels, located between Monroe Avenue NE and Olympia Avenue NE south, of NE 12th Street, from Residential Medium Density(RMD) designation and R-10 zoning to Residential Multi-Family(RMF) land use and zoning. The redesignation to RMF land use was accomplished by Ordinance 5285, and in May 2007, the Council adopted the Comprehensive Plan amendment. However, this area was inadvertently left out of Ordinance 5288 which would have amended the zoning from R- 10 to RMF. As a result, the zoning designation is currently not compliant with the Comprehensive Plan designation. All of the necessary public process has been completed on this proposed correction. Public hearings were held on September 20, 2006 (before the Planning Commission) and Toni Nelson Page 2 of 2 October 1,2007 November 13, 2006 (before the City Council). The Environmental Review Committee issued a Determination of Non-Significance for the proposal in November 2006 (File LUA 06-128). Thus, it is not necessary to conduct another public hearing or environmental review on this proposal. CONCLUSION: Adopting this correction will ensure that the zoning of these parcels is consistent with the Comprehensive Plan and implements the full recommendation of the Highlands Task Force on Zoning. cc: Jay Covington Rebecca Lind H:\EDNSP\Comp Plan\Sub Area Plans\Highlands\Development Reg Drafts\Zoning\Rezone Fix-it Fall 2007\Highlands Rezone Correction Issue Paper.doc CITY OF RENTON, WASHINGTON :3/7.47 J. ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON (HIGHLANDS STUDY AREA) FROM RESIDENTIAL- 10 DU/AC (R-10) ZONING TO RESIDENTIAL MULTI-FAMILY (RM-F), FILE NO. LUA-06- 128 (CPA 2006-M-6). WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Revised and Compiled Ordinances of the City of Renton," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as Residential- 10 du/ac; and WHEREAS, the City of Renton initiated a proceeding for change of zone classification of said property. This matter was duly referred to the Planning Commission for investigation, study, and public hearing, and a public hearing having been held thereon on or about September 20, 2006, and said matter having been duly considered by the Planning Commission, and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; and WHEREAS, the City Council adopted Ordinance 5285 on May 14, 2007, which changed the Comprehensive Plan land use designation for these properties from Residential Medium Density(RMD) to Residential Multi-Family(RMF); and WHEREAS, the RM-F zoning designation is consistent with the RMF land use designation in the Comprehensive Plan; ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The following described property in the City of Renton is hereby rezoned to Residential Multi-Family as hereinbelow specified. The Neighborhoods and Strategic Planning Division is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Attachments "A" and "B" attached hereto and made a part hereof as if fully set forth herein. (Highlands Study Area). SECTION II. This ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. cpaord-zoning.doc 2 ( ( ( ›' [ .T I I os.i-75,z, _.-----y- fscA, ___----- ....-- , _-- --T- _ ____----- ____ - Jones Ave. NE Ir- 0 ----1: -- CD CD ' 1 L------;„------- 4 (Kennewick 1 iz 'Kennewick 0 , - ,.., L._______,:____ ---9 7, „ F- ' -------- / (,,, ,•i_incoin I n ._, ----:----- -- 1; \R_ (_ antereit :3 i imontefey j i___,, 7 i•:,I, --_) c----, ., _ tvionrerey ›' ct v, i (.,-) --7-__-"---- s. ------------- — if) i Q- 3 r—I- ....., ",--------- -- 'ef a , ,,C,,=2.} t L. Nil --- - --r,74. ----t 6 — , .„,„__,--) i , >1,/,,,t. ____-----:%------ A/F Aberceen Ave NC 1 Aberceen Ave. NE r----/- _ -Aberaeen Ave. NI" L 3 0, \ ---;:------ - ;Aberdeen )., -------_----- -----1 - i ---.-3 \ \ . C X) '1 1 • ' //- - I -- '''11.-----')----J1 .-i ii,,- - \ i ' '''' ''' ri-1-.. ("D 7 cn I! Ei si) cp 3 = .. 4 i 3 — — r , Ira- i 1 ...< ------1--- -- , —n1 If------11 F-;-_-.1 ( fl! ,I mi mi - ,1) CL, A cl- - 1J',------\' \•.:7/ 1 i _ L — -- i -- r ---\.1- JLi01, ; , - ---1 - - SD X Pi. NE 0) III• : (---: ..,, ;:.• N,. . • ___J .. ''' ‘---- "„_,_:. ,,L_I Kirkland -\\) \r---:N*.S' :iil• r\ __---._---- L ..v pocrituu.4-i ii -- _ (,\,, I ',>' •,"? I, I ' zW-z1 0 1 .aAv ,,„3,„A ii-i 4! ,:-•,. DAV aoiuoliN II I i 7 i ri-r!I r" woort (----_.;11.7" — s,-i 1 s--- , I Oiympi [Av . ; co 1 _...--)._, I I:-.4 - I „__:____i i_____iL-- 1-. '1.-- r;---1 1 ,( -3- =','I. oicwiio IF-,r-2/ i k i i ;1 f,,i-1 6: I'Pierce iii) -4, .. \,..,,--_, H-rj c..-.../.2,i irllill- i ii- 1 4 '1,2--' ,\-0 Ili I - ----1 i..0,i-i'-'11,-- ?Fi>i-ii () , —i f i .------------- I 2S .._,_ i C) i , 1 _..„ \ , , a,lal.0 i i 1,--ii, i ---,-->'^ AN '''V" d1 I Cueen j j= I I Ei--I ) . 1 ,,_ (Queen t.281h Ave LThfin j c) ,..,Lg) ;-: 1 4 L------ 1C----) I__ I i ---_-_-"7:----,-.-—i is_i- ---- -- ,, i Shelton Ave NE ri 1-', .CZ) co '' C.--;------7-) JO k04‘ I,_ --,--- --:3;-- 5.- 1 v2 -k,,,i io- \ r., ..(=,1`4' - i '”Li,"4-i I:=-- ;,--) i coilic.,io, ,r', - E.) ' -11---7-'-\ 7-)\---j. 11 i Unicn Ave NE 11 ( 1 , - lc,i ) ------)-(2`7i I- ' . • i Av i. (( , — I 1 .. i't __J H 1 - Union Av ) ri. -,-L..-.-- .-----,i / - , _ ....„,_ _____ CITY OF RENTON COUNCIL AGENDA BILL AI#: r !"l iiiiiiime,Submitting Data: • For Agenda of: November 19, 2007 Dept/Div/Board.. EDNSP Staff Contact Norma McQuiller X6595 Agenda Status Consent X Subject: Public Hearing.. Second Round of 2007 Neighborhood Grants Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper with project descriptions Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept X.... Finance Dept....X.. Other IFiscal Impact: Expenditure Required... $7,317 Transfer/Amendment /41iwr Amount Budgeted $7,769 (remaining in Revenue Generated budget from first round) Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Two project applications and three newsletter applications were submitted for the second round of neighborhood grant funding. Staff evaluated each request against established criteria. Two projects and three newsletter grants are recommended for funding. STAFF RECOMMENDATION: Approve two 2007 Neighborhood Grant project applications and three newsletter applications totaling $7,317. Rentonnet/agnbill/ bh • ECONOMIC DEVELOPMENT, � �� NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT }" • NT MEMORANDUM DATE: October 30, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: ''J Alex Pietsch, Administrator STAFF CONTACT: Norma McQuiller, ext. 6595 SUBJECT: 2007 Second Round Grant Applications ISSUE: Do the two grant project applications submitted and three newsletter grants comply with the City of Renton's Neighborhood Program objectives, and should they be approved? RECOMMENDATION: Council approve two project and three newsletter applications totaling $7,317. BACKGROUND SUMMARY: In 2006, the expenditure to the Grant Program was a total of$17,254, which left a remaining balance of$33,000. Staff requested that Council authorize the remaining balance of$33,000 to be carried over to the 2007 budget, which then totaled $83,000. City Council approved eight projects and two newsletters grant applications in the first round of funding totaling $75,231. Council authorized a second round of funding, ending October 5, 2007, with the remaining balance of$7,769. The following criteria were used to evaluate projects to determine if the objectives of the Neighborhood Program are met: o Project size, location, and complexity are appropriate for neighborhood group, with a realistic budget. o Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project and includes maintenance after project completion. o Physical improvements are visible and benefit a larger area of a community. o Neighborhood program objectives including neighborhood networking, stimulating self-help, and neighborhood organization are met. o Sufficient matching funds exist through sweat equity, cash, or donated labor/materials. h:\ednsp\neighborhoods\community services committee\2007\issue paper 2nd round 2007.doc err► The interdepartmental Grant Review Team recommended both applications be funded based on the above criteria. Neighborhood Requested Recommended Amount Amount Project Grants Clover Creek Homeowners Association $3,377 $3,377 Honey Creek Ridge Homeowners Association $1,002 $1,002 Newsletter Grants Kennydale Neighborhood Association $1,890 $1,890 Summerwind Homeowners Association $279 $279 Tiffany Park Neighborhood Association $769 $769 Totals $7,317 $7,317 Note: The above amounts are rounded to the nearest dollar CONCLUSION: The Neighborhood Grant Program continues to provide neighborhood associations with opportunities to improve their community and get to know their neighbors better. To date, the program has benefited 37 neighborhoods through grants for 76 projects and 16 newsletters. -1000 h:\ednsp\neighborhoods\community services committee\2007\issue paper 2nd round 2007.doc Neighborhood Grant Total Project Meets objectives of the Request Project Neighborhood Program Cost Clover Creek $3,377 $6,754 Open Area Restoration Yes Homeowners Remove existing weeds and Staff recommends no Association blackberries and plant approved gravel adjacent to drought resistant native vegetation walkway but instead with a 2' gravel barrier adjacent recommends mulch. to the sidewalk to provide a buffer Also suggests placing a in the open space located adjacent silt fence during planting to the NW end of bridge on N. and removing afterwards. 27th Honey Creek $1,002 $2,005 Landscaping of Traffic Circles Yes Homeowners Addition of new, low Replace missing plants Association maintenance and drought resistant from original design and plants to enhance the traffic not remove any existing circles to their former condition. plants. Do not replace soil as this could cause damage to trees but instead use bark mulch. Recommend new plants not be "deer friendly" and keep shrubs pruned. Kennydale $1,890 N/A Newsletter Yes Neighborhood Annual printing and postal Association expenses for a quarterly newsletter. Summerwind $279 N/A Newsletter Yes Annual printing and postal expenses for a quarterly newsletter. Tiffany Park $769 N/A Newsletter Yes Neighborhood Annual printing expenses for a Association quarterly newsletter distributed door-to-door. Igor h:\ednsp\neighborhoods\community services committee\2007\issue paper 2nd round 2007.doc CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 . /Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP Department/Strategic November 19, 2007 Planning Division Staff Contact Don Erickson (6581) Agenda Status Consent X Subject: Public Hearing.. X New Life - Aqua Barn Annexation Public Hearing Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Certification of Signatures Information 60% Petition Recommended Action: Approvals: Council concur Legal Dept Finance Dept Other ✓''Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The Council accepted a 10% Notice of Intent petition to initiate annexation of approximately 374- acres located along the south of the Renton - Maple Valley Highway (SR 169), east of Maplewood Addition and out to the Urban Growth Boundary, near 184th Ave SE, if extended. The proponents have submitted a 60% Petition to Annex that has been certified as sufficient by the King County Department of Assessments. Under State law, a public hearing must be held prior to acceptance of the Petition to Annex. Also, two public hearings are required to consider future zoning. These were held this last summer as part of this years CPA process. Prezoning is expected to occur in November or December of this year. The proposed public hearing would consider the Petition to Annex. STAFF RECOMMENDATION: Set December 3, 2007 for a public hearing to consider accepting the New Life - Aqua Barn ‘411 Annexation 60% Petition to Annex. Rentonnet/agnbill/ bh G�ry 0� ECONOMIC DEVELOPMENT, it NEIGHBORHOODS, AND STRATEGIC • w ' PLANNING DEPARTMENT IP,Nr 0 MEMORANDUM DATE: November 9, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ,� Kathy Keolker, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Don Erickson (x6581) SUBJECT: Proposed New Life-Aqua Barn Annexation -60% Petition to Annex ISSUE: Now that the King County Department of Assessments has certified at least 60% of the annexation area's assessed value is represented by signers of the petition to annex, does the City Council want to accept this petition to annex? If the Council accepts this petition, does it wish to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for its mandatory 45-day review and evaluation? RECOMMENDATION: • Council accept the 60% Direct Petition to Annex for the 374-acre New Life - Aqua Barn Annexation and authorize the Administration to forward the Notice of Intent package to the Boundary Review Board and begin preparing relevant implementation ordinances. BACKGROUND SUMMARY: The City received the 10% Notice of Intent petition on April 3, 2007, and after having the signatures certified by the King County Department of Assessments, held a public meeting on June 4, 2007, to consider whether to accept it or not. The issue of whether to expand the annexation to include Maple Ridge Estates and View Point at Maple Ridge came up at that time and Council tabled this item to their next meeting on June 11, 2007, in order to get additional input. On June 11, 2007, Council decided to accept the 10% Notice of Intent petition, but expand the area to include the Maple Ridge Nose h:\ednsp\paa\annexations\new life-aqua barn\60%issue paper.doc • Toni Nelson Page 2 of 2 November 9,2007 Subdivision and View Point at Maple Ridge subdivisions in response to letters and emails received in support of such a move. Council also authorized circulation of a '"""_ 60% Direct Petition to annex. The latter was subject to property owners accepting future zoning consistent with the City's Comprehensive Plan. On October 23, 2007, the City received the 60% Petition to annex this 374-acre area and, shortly thereafter, forwarded it to the King County Assessor's Office for certification of signatures. On November 8, 2007, the Assessor's Office certified that based upon the listed taxpayers, parcel numbers, and assessed value, the signatures on the petition were sufficient, under the provisions of RCW 35.13.002, to equal at least 60% of the area's assessed value. As noted in the May 4, 2007, issue paper, all responding departments and divisions noted that the annexation represents a logical extension of their respective services/systems. The annexation area is within the water and sewer service area of the Cedar River Water and Sewer District by agreement under the East King County Coordinated Water System Plan. Fire suppression services are currently provided by both Fire District 25 and Fire District 40, and the King County Sheriffs Office provides police services. Upon annexation, Renton would most likely take over both fire suppression and police services. Fiscally, the proposed annexation is estimated to have a positive fiscal impact for the City of approximately $90,945 a year in 2007 dollars. A one-time parks acquisition and development cost attributable to this annexation would be $336,000 primarily for neighborhood parks to serve the area. Also, as noted in the 10% issue paper, the proposed annexation complies with most relevant City annexation policies as well as the objectives of the Boundary Review Board. CONCLUSION: Pursuant to RCW 35A.14.120, the proposed New Life - Aqua Barn 60% Petition to annex has been certified as having signatures representing at least 60% of the area's assessed value. It also has reasonable boundaries and appears to comply with relevant Boundary Review Board 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. It is worth noting that the Maple Ridge Estates and View Point subdivisions that were added in by Council are also included in the latest proposed Fairwood incorporation area. Only six registered votes signed the Fairwood incorporation petition whereas this proposed annexation received overwhelming support with signatures representing over 64% of the area's assessed value. NIS H:\EDNSP\PAA\Annexations\New Life—Aqua Barn\60%Petition Issue Paper.doc • � 1111 iri £1' k' ii1IIII1L I t 11111• ILIIYt+i7�jieun■■ ! L5. " . E 3iEF](UL�11 ",itr.- o s �mom LIIi1111111�I _ imm. llglllll/►.•; oI�G■■�� -- • ■� 1���►•/■11■■■E1■ – • W nom■ — ��-tI■..��t•;71■ –ice 11 4"• "iirt p♦,d viol D D r♦ ■■■■11.■■■■■■1411 �i L n■i■■. 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' r IONS. fa 111 �,I rN■ t4 4. 1 �.Ap o■ , :1�``rt 11111 ��IL11Gi 1 '�C`�,� ...;a r' 1■ .a-- .t, I 1 1■ is l!■tt a.r-4■1 f41 001#4 ra.J t, .4, "vim 11 1 �- �� Uill�. ...a.a.mise;: 4 B. !�� �•��•'�° Alii LA4.4_ tsUu■1 ■■■.■■■4N■■■nb ■ ►♦0 �� i� r*ALM M ani A■a Li V1 101 1• 114 4 T- ♦ •♦A ♦•• 1 •■■nun■■. ♦/��.. *�� h;:. ii�■�\S L171LL 1LLi1■i1i—_�J►_ alUdI �i � 4?A.�fi3. ma`iii aa Eniu�9OAI7�■ ■l,`, M �..■■/, \i N.A.stilrd...1 , New Life Church - Aqua Barn Annexation o Isoo 3000 Exhibit #2 - Vicinity f – – City Limits p Cti_T Economic Development,Neighborhoods&Strategic Planning — • — Urban Growth Boundary S' 1 1$000 gt , Ales Pietsch,Administrator 11■� C.E.Feasel O Study Area tFNTO' 12 June 2007 King County Department of Assessments Accounting Division Scott Noble 500 Fourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98104-2384 (206)296-5145 FAX(206)296-0106 Email:assessor.info®kingeounty.gov http://www.kingcountv.gov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted October 25, 2007 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the New LifeAqua Barn Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 8th day of November, 2007 &047 Scott Noble, Kin County Assessor New Life—Aqua Barn Annexation CIOF RENTON CT 2 This two page form is one of a number of identical forms which comprise one petition seeking X001 the annexation of the described territory to the City of Renton, Washington as above � F1C may be filed with other pages containing additional signatures. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Tax Lot Legal No. Signature and Mailing Description Date Printed Name Address (Lot,Bloc,Plat,Assessor's No.or other) 1. 11110 Printed N e 2. iol 27-e6W 15601 160th Ct SE 8856890170 Renton WA 98058-6304 Printed Name` l / - > / -- /� c_�G 15906 SE 156th St 8856890080 3. 14/3/61. `-- - - Renton WA 98058-6313 NINNY Printed Name iCC' 7-7-1 ' A/E(_6/. ,,�-^ 15614 159th Ave SE 8856920010 4. 1b1/3/O-7 \ % - � Renton WA 98058-6317 r - C Prtii N.me D-.4)D-.4) ,WCC j 5. c I13f6-1- 15845 SE 156th St . 8856890130 WI tRenton WA 98058-6311 Printed Name ,Mio ii b} �J/� 1 15608 159th Ave SE 8856890150 6. Ie113' Renton WA 98058-6317 Printed Name v(N GeV K t M 7. S. 9. The complete 60%petition for the New Life - Aqua Barn Annexation is on file at the City Clerk's Office. 10 lir e Page 2 of 2 1 PETITION TO ANNEX TO THE CITY OF RENTON UNDER RCW 35A.14.120 (60% Petition—New Life—Aqua Barn Annexation) TO: THE CITY COUNCIL OF THE CITY OF RENTON 1055 South Grady Way Renton, WA 98057 The undersigned are owners of not less than sixty percent (60%) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A legal description (Exhibit 1) and map (Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation ill', proceedings, the City Council of the City of Renton met wi allies under R 35A.14.120 on June 11, 2007. The City Council then determined t at the City would accept the proposed annexation with an expanded boundary to the south. Further,pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept the City's Comprehensive Plan designations as they affect the subject property; (2) Accept the City's simultaneous adoption of zoning regulations for the subject properties; and (3) Assume their proportional share of the City's pre-existing bonded indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. Page 1 of 2 CITY OF RENTON COUNCIL AGENDA BILL AI#f: ( e Ol • Submitting Data: For Agenda of: Dept/Div/Board: EDNSP November 19, 2007 Staff Contact Suzanne Dale Estey (x 6591) Agenda Status Consent X Subject: Public Hearing.. Resolution regarding the City's support of The Boeing Correspondence.. Company's pursuit of the US Tanker Program. Ordinance Resolution X Old Business Exhibits: New Business Resolution Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... 0 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: tillimise The City has been asked to take a position of support for The Boeing Company's pursuit of the US Tanker Program. STAFF RECOMMENDATION: City Council adopt a resolution in support of The Boeing Company's pursuit of the US Tanker Program. Rentonnet/agnbill/ bh CITY OF RENTON, WASHINGTON New RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING THE BOEING COMPANY'S PURSUIT OF THE UNITED STATES TANKER PROGRAM. WHEREAS, Renton has been proud to be the home of The Boeing Company for over 65 years. The first commercial jet, the Boeing 707, was made in Renton, and the best selling jets in history have been assembled in Renton ever since. Renton is now home to three of the company's six business units: Boeing Commercial Airplanes, Boeing Capital, and Boeing's Shared Services Group; and WHEREAS, The Boeing Company is in a competition to win the contract for the new United States Tanker program; and law WHEREAS, The Boeing Company has built more than 2,000 aerial tankers and understands the critical role refueling plays in our National Defense; and WHEREAS, the 767 airplane has a strong success record and has logged nearly 8 million flights, and carried more than 2 billion passengers; and has a schedule reliability rate of 99 percent; and WHEREAS, The Boeing Company's KC-767 Advanced Tanker will allow deployment of more tankers, the use of bases closer to where needed, put more booms in the sky, cover more refueling orbits, and the offloading of more fuel while operating from twice as many runways; and • RESOLUTION NO. WHEREAS, Boeing's KC-767 Advanced Tanker program will support more than 9,000 direct and indirect jobs in Washington State and will generate more than $400 million annually; and WHEREAS, Boeing's KC-767 Advanced Tanker program supports more that 44,000 American jobs and over 300 suppliers in more than 40 States; and WHEREAS, Boeing is focused on delivering the best solution for its customers' requirements with a strong commitment to innovation and the lowest cost and risk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. That the Mayor and City Council extend their strongest support to The Boeing Company as it competes to win the United States Tanker Program contract and believe it has the in-depth experience and better product for America. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor 2 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES:1310:11/05/07:ch Nrr' 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: , k. Submitting Data: For Agenda'44160" Dept/Div/Board.. Finance& IS Department November 19, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Bond Sale and Resolution Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information Recommended Action: Approvals: Legal Dept Refer to the Committee of the Whole Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated silo Total Project Budget City Share Total Project SUMMARY OF ACTION: Staff proposes completing the sale of bonds to finance the cost of construction of various capital projects within the utility systems as provided for in ordinance number 5313. STAFF RECOMMENDATION: Approve the bond sale in an approximate amount of$13.134 million and adopt the resolution. I:\DEBT\2008 Rev Bond\2008_ag_Bond Sale November 2007.doc `SYO� FINANCE AND INFORMATION SERVICES CrDEPARTMENT ma O� MEMORANDUM NT DATE: November 7, 2007 TO: Toni Nelson, Committee of the Whole Chair Members of the Committee of the Whole VIA: Kathy Keolker, Mayor FROM: Mike Bailey, Administrator SUBJECT: 2008 Bond Sale to Finance the Cost of Constructing Various Capital Projects Issue Should the City sell bonds in 2008 to finance the cost of construction of various capital projects within the utility systems? Discussion On October 22nd, the City Council adopted ordinance 5313 authorizing the sale of bonds *w"' in two series. The first occurred that evening. The second sale is anticipated to occur on January 4, 2008. The total transaction remains structured generally as proposed in October and summarized below: Transaction Summary—Millions October 22 November 7 Financing Needs 2007 - 2009 Project Financing Needs $16.4 $16.4 Potential Refinancing Opportunities 8.0 8.5 Cost of Issuance 0.0 0.3 Subtotal $24.4 $25.2 Source of Funds Use of Bond Reserve Cash (replace with surety) $3.2 $3.2 Taxable Debt 1.2 2.0 Tax- Exempt Bonds 20.4 20.0 Net Tax Exempt Debt $24.8 $25.2 2007 -2009 Project Financing Needs The Utility Master Plans and the City's Capital Improvement Plan (CIP) contemplate the following list of projects to maintain the City's utility systems in good working order: — Hazen 565 Zone Reservoir - design and construct a 4.2 million gallon reservoir i:\debt\2008 rev bond\2008 memo bond sale_nov 8 2007.doc Toni Nelson,Council President Member of the Renton City Council November 7,2007 Page 2 of 3 — Emergency Power to Pump Stations - install emergency electrical power generation facilities — Summerwind / Stonegate Lift Station Replacement - construct a new station to ensure sufficient capacity in a rapidly growing area — Renton Village Storm System Improvement - planning, designing and construction of a storm system to increase capacity to prevent surcharges and flooding — Gypsy Basin/Ripley Lane Storm System Improvement - replacement of an existing culvert that will connect into a 60-inch storm system on the new Seahawks headquarters/training facility site — Central Plateau Interceptor Phase 2 - construct interceptor to serve eastern portion of service area — SW 34th Street Culvert Replacement - replace existing culvert to improve conveyance activity, reduce upstream flooding and improve fish passage The total cost of these projects and others within the Utility CIP during 2008 and 2009 are approximately $22.5 million. It is proposed to fund $16.5 million of these projects with the proceeds of Utility Revenue Bonds. Potential Refinancing Opportunities The 2007 bond sale included $8.5 million for refinancing a portion of the 2002 bonds. .44601 Use of Bond Reserve Cash (replace with surety) The transaction is able to benefit from the purchase of a surety (insurance policy) to replace the cash reserve requirement in previous bond sales. The cost of the surety was $50,979.50. This replaced a requirement to hold over$3.2 million in cash reserves. Potential Taxable Debt The 2008 transaction will include as much taxable debt as necessary (approximately $2,075,000) to ensure that the tax-exempt debt sold does not exceed $10 million. This reduces the overall cost of borrowing by about $400,000. Relevant Documents Bond Ordinance (adopted October 22, 2007) —Describes the legal obligations to bond holders that the City is agreeing to, as part of the transaction. We have included elements for the "new money"portion, the "refunding," the taxable element and the substitution of a surety in place of the cash bond reserve. We have also included many changes to past covenants (the legal obligations) that are overly restrictive. These include reducing the coverage requirement to 1.25 times the annual debt service, rather than the highest annual debt service; clarifying the revenue description to mean"gross revenues," revising the reserve requirement; clarifying the flow of funds to include repayment of principal and interest; and changing the parity test for the issue of future bonds. The ordinance authorizes updating the public works trust fund loans. ,, IS i:\debt\2008 rev bond\2008 memo bond sale nov 8 2007.doc Toni Nelson,Council President Member of the Renton City Council November 7,2007 Page 3 of 3 Official Statement (Preliminary Official Statement) - This is the prospectus that describes the transaction and the context for the marketplace. It is an official document for which the City becomes responsible. It is prepared by the underwriter but is the representation of the City. Bond Purchase Agreement—This is the offer by Seattle Northwest Securities to purchase the bonds through a negotiated sale. As the underwriter, Seattle Northwest Securities will purchase all the bonds at a negotiated price and sell them into the marketplace. They assume interest rate risk once we have agreed to the terms of the Bond Purchase Agreement. This agreement includes all the conditions that the City must meet as required by the underwriter. Financial Advisor Recommendation—This is a memo to the City providing guidance and advice regarding the terms of the Bond Purchase Agreement. Our financial policies call for the use of a financial advisor when the City negotiates a bond sale. The financial advisor works directly for the City for the purpose of assuring the City that the terms of the transaction are in its best interest. MEB/dlf cc: Jay Covington,CAO '40—re Marty Wine,Assistant CAO Bonnie Walton,City Clerk Gregg Zimmerman,PBPW Administrator i:\debt\2008 rev bond\2008 memo bond sale_nov 8 2007.doc DRAFT CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Renton, Washington, approving the sale of the City's Water and Sewer Revenue Bonds, Series 2008A, and Water and Sewer Revenue Bonds, Series 2008B (Taxable), in the aggregate principal amounts of $ and $ respectively, to provide funds for the purpose of financing the costs of carrying out certain capital improvements of the waterworks utility; and approving the sale of such bonds to Seattle-Northwest Securities Corporation, all in accordance with Ordinance No. 5313 of the City. WHEREAS the City Council by Ordinance No. 5313 passed on October 22, 2007 (the "Bond Ordinance"), authorized the issuance and sale of three series of water and sewer revenue bonds of the City in the aggregate principal amount of not to exceed $23,000,000 (the "Bonds") for the purpose of financing the costs of carrying out certain capital improvements of the waterworks utility and refunding certain outstanding water and sewer revenue bonds of the City, and WHEREAS, the Bond Ordinance authorized the City Finance Director to enter into negotiations for the sale of the Bonds and to present a bond purchase agreement to the City Council for approval by resolution, establishing the terms of each series of Bonds, and WHEREAS, Seattle-Northwest Securities Corporation (the "Underwriter") has purchased the first series of Bonds designated the City of Renton, Washington Water and Sewer Revenue and Refunding Bonds, 2007 in the aggregate principal amount of$9,750,000, and WHEREAS, the Underwriter has offered to purchase the second and third series of Bonds designated the City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A and Water and Sewer Revenue Bonds, Series 2008B (Taxable) in the aggregate principal amounts of and $ , respectively (together, the "2008 Bonds") on the terms set forth in the bond purchase agreement attached hereto as Exhibit A hereto (the "Purchase Agreement"), and WHEREAS, it is in the best interests of the City to sell the 2008 Bonds to the Underwriter on the terms and conditions set forth in the Bond Ordinance, this resolution and the Purchase Agreement, and WHEREAS, in accordance with the Bond Ordinance, the City Council wishes to authorize and approve the sale of the 2008 Bonds to the Underwriter and the final principal maturity amounts, interest rates, bond insurance provisions, and redemption rights for the 2008 Bonds, all as set forth herein, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: RESOLUTION NO. DRAFT Section 1. Definitions. Except as otherwise defined herein, capitalized terms used in this Nit'"' resolution have the meanings set forth in the Bond Ordinance. Section 2. Authorization of Issuance and Sale of the 2008 Bonds. The issuance of the 2008 Bonds, designated as the "City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A" and "City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008B (Taxable)," in the aggregate principal amounts of $ and $ respectively, each dated as of their date of delivery, is hereby approved. The 2008 Bonds shall be in the denomination of$5,000 or any integral multiple thereof within a single maturity; shall be numbered separately, in the manner and with any additional designation as the Bond Registrar deems necessary for purpose of identification; shall bear interest from their date (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on each June 1 and December 1, commencing June 1, 2008, to the maturity or prior redemption of the 2008 Bonds. The City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years Interest (December 1) Amounts Rates Aare *Term Bonds -2- P.120584 JAR\20584 254 07/11/07 RESOLUTION NO. °RAFT The City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008B (Taxable) shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years Interest (December 1) Amounts Rates *Term Bonds If any Bond is duly presented for payment upon maturity and is not paid, then interest thereon shall continue to accrue thereafter at the rate stated therein until such Bond is paid. The 2008 Bonds shall conform in all other respects to the terms and conditions set forth in the Bond Ordinance, except as expressly provided herein. Section 3. Redemption. (a) Mandatory Redemption. The City of Renton, Washington Water and Sewer Norse Revenue Bonds, Series 2008A maturing on December 1, are term bonds (the "Term Bonds") and, if not previously purchased by the City in the open market or optionally redeemed as set forth below, are subject to mandatory sinking fund redemption prior to maturity, in part and by lot (in such manner as the Bond Registrar shall determine), at a price of par plus accrued interest to the date of redemption on December 1 in the following years and in the following amounts: Term Bonds Due December 1, Mandatory Sinking Fund Redemption Dates (December 1) Redemption Amount *Scheduled maturity The City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008B (Taxable) maturing on December 1, are Term Bonds and, if not previously purchased by the City in the open market or optionally redeemed as set forth below, are subject to mandatory sinking fund redemption prior to maturity, in part and by lot (in such manner as the Bond '' -3- P\20584_JAR\20584_254 07/11/07 RESOLUTION NO. °RAF Registrar shall determine), at a price of par plus accrued interest to the date of redemption on December 1 in the following years and in the following amounts: Term Bonds Due December 1, Mandatory Sinking Fund Redemption Dates (December 1) Redemption Amount *Scheduled maturity (b) Optional Redemption. The City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A maturing on or after December 1, 2018 shall be subject to optional redemption prior to maturity on and after December 1, 2017, in whole or in part on any date (maturities to be selected by the City and by lot within a maturity in such manner as DTC or the Bond Registrar, as appropriate, shall determine), at par plus accrued interest to the date of redemption. Section 4. Insurance. ' (a) Acceptance of Insurance. In accordance with the offer of the Underwriter to purchase the 2008 Bonds, the City Council hereby approves the commitment of MBIA Insurance Corporation (the "Bond Insurer") to provide a bond insurance policy guaranteeing the payment when due of principal of and interest on the 2008 Bonds (the "Bond Insurance Policy"). The City Council further authorizes and directs all proper officers, agents, attorneys and employees of the City to cooperate with the Bond Insurer in preparing such additional agreements, certificates, and other documentation on behalf of the City as shall be necessary or advisable in providing for the Bond Insurance Policy. (b) Payments Under the Bond Insurance Policy and Rights of the Bond Insurer. (1) In the event that, on the second business day, and again on the business day, prior to the payment date on the 2008 Bonds, the Bond Registrar has not received sufficient money to pay all principal of and interest on the 2008 Bonds due on the second following or following, as the case may be, business day, the Bond Registrar shall immediately notify the Bond Insurer or its designee on the same business day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. (2) If the deficiency is made up in whole or in part prior to or on the payment date, the Bond Registrar shall so notify the Bond Insurer or its designee. 'Noww, -4- P\20584 JAR120584 254 07/11/07 RESOLUTION NO. °RA F (3) In addition, if the Bond Registrar has notice that any bondowner has been required to disgorge payments of principal or interest on the 2008 Bonds to a trustee in , IS bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such bondowner within the meaning of any applicable bankruptcy laws, then the Bond Registrar shall notify the Bond Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. (4) The Bond Registrar is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for owners of the 2008 Bonds as follows: a. If and to the extent there is a deficiency in amounts required to pay interest on the 2008 Bonds, the Bond Registrar shall (i) execute and deliver to U.S. Bank Trust National Association, or its successors under the Bond Insurance Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Bond Insurer as agent for such owners in any legal proceeding related to the payment of such interest and an assignment to the Bond Insurer of the claims for interest to which such deficiency relates and which are paid by the Bond Insurer, (ii) receive as designee of the respective owners (and not as Bond Registrar) in accordance with the tenor of the Bond Insurance Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (iii) disburse the same to such respective owners; and b. If and to the extent of a deficiency in amounts required to pay principal of the 2008 Bonds, the Bond Registrar shall (i) execute and deliver to the Insurance *4010/ Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for such owner in any legal proceeding relating to the payment of such principal and an assignment to the Bond Insurer of any of the 2008 Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Bond Registrar and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (ii) receive as designee of the respective owners (and not as Bond Registrar) in accordance with the tenor of the Bond Insurance Policy payment therefor from the Insurance Paying Agent, and (iii) disburse the same to such owner. (5) Payments with respect to claims for interest on and principal of 2008 Bonds disbursed by the Bond Registrar from proceeds of the Bond Insurance Policy shall not be considered to discharge the obligation of the City with respect to such 2008 Bonds, and the Bond Insurer shall become the owner of such unpaid Bonds and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. (6) Irrespective of whether any such assignment is executed and delivered, the City and the Bond Registrar hereby agree for the benefit of the Bond Insurer that: a. They recognize that to the extent the Bond Insurer makes payments, directly or indirectly (as by paying through the Bond Registrar), on account of -5- P 120584 JAR120584 254 07/11/07 • RESOLUTION NO. bkAFT principal of or interest on the 2008 Bonds, the Bond Insurer will be subrogated to the rights of such owners to receive the amount of such principal and interest from the City, with interest Ni"' thereon as provided and solely from the sources stated in this resolution and the 2008 Bonds; and b. They will accordingly pay to the Bond Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in this resolution and the 2008 Bonds, but only from the sources and in the manner provided herein for the payment of principal of and interest on the 2008 Bonds to owners, and will otherwise treat the Bond Insurer as the owner of such rights to the amount of such principal and interest. (c) Rights of Bond Insurer. (1) In connection with the issuance of Future Parity Bonds, the City shall deliver to the Bond Insurer a copy of the disclosure document, if any, circulated with respect to such Future Parity Bonds. (2) The Bond Insurer shall receive copies of the City's audited financial statements and annual budget. (3) Copies of any amendments made to the documents executed in connection with the issuance of the 2008 Bonds which are consented to by the Bond Insurer shall be sent to Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc. (4) The Bond Insurer shall receive notice of the resignation or renewal of the Bond Registrar and the appointment of a successor, other than the designated state fiscal agent. (5) Any notices required to be given by any party under this resolution shall also be given to the Bond Insurer and sent by registered or certified mail addressed to: MBIA Insurance Corporation, 113 King Street, Armonk,New York 10504, Attention: Surveillance. (6) The City agrees to reimburse the Bond Insurer immediately and unconditionally upon demand, to the extent permitted by law, for all reasonable expenses, including reasonable attorneys' fees and expenses, incurred by the Bond Insurer in connection with (i) enforcement by the Bond Insurer of the City's obligations, or the preservation or defense of any rights of the Bond Insurer, under this resolution and any other document executed in connection with the issuance of the 2008 Bonds, and (ii) any consent, amendment, waiver or other action with respect to this resolution or any related document, whether or not granted or approved, together with interest on all such expenses from and including the date incurred to the date of payment at Citibank's Prime Rate plus 3% or the maximum interest rate permitted by law, whichever is less. In addition, the Bond Insurer reserves the right to charge a reasonable fee in connection with its review of any such consent, amendment or waiver, whether or not granted or approved. -6- P\20584 JAR\20584 254 07/11/07 RESOLUTION NO. °RAPT (7) The City agrees not to use the Bond Insurer's name in any published document including, without limitation, a press release or presentation, announcement or forum without the Bond Insurer's prior consent; provided that the City may use the Bond Insurer's name in any general or particular factual statement to the effect that the Bond Insurer insures certain outstanding City bonds. In the event that the City is advised by counsel that it has a legal obligation to disclose the Bond Insurer's name in any press release, public announcement or other published document, the City shall provide the Bond Insurer with at least three (3) business days' prior written notice of its intent to use the Bond Insurer's name together with a copy of the proposed use of the Bond Insurer's name and of any description of a transaction with the Bond Insurer and shall obtain the Bond Insurer's prior consent as to the form and substance of the proposed use of the Bond Insurer's name and any such description. The foregoing shall not apply to any request for public records duly received by the City pursuant to chapter 42.17 RCW, and the City shall not be obligated to notify the Bond Insurer of its intent to comply with any public disclosure request. (8) The City shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which 2008 Bonds are tendered or purchased for any purpose other than the redemption and cancellation or legal defeasance of such 2008 Bonds without the prior consent of the Bond Insurer. The provisions of this section shall be in effect only so long as the Bond Insurance Policy is in full force and effect. Section 7. Acceptance of Offer. The City Council hereby finds that the offer of the Underwriter to purchase the 2008 Bonds under the terms set forth in the Purchase Agreement is fair and reasonable and it is in the best interest of the City that the 2008 Bonds shall be sold upon the terms and conditions set forth in the Purchase Agreement and upon the basis of the representations therein set forth. The City Council further finds that all conditions precedent to or concurrent with the acceptance of the Purchase Agreement by the City Council have been met. The City Council hereby accepts the Purchase Agreement and authorizes the City Finance Director to execute the Purchase Agreement and deliver it to the Underwriter. The 2008 Bonds shall be issued and delivered to the Underwriter upon payment of the purchase price specified in the Purchase Agreement. Section 8. Approval of Official Statement. The City Finance Director is authorized and directed to execute and deliver to the Underwriter copies of an official statement for the 2008 Bonds, in substantially the form of the Preliminary Official Statement dated , 2007; provided, however, that the City Finance Director is authorized to supplement or amend the Official Statement as he deems necessary or appropriate. The City Council hereby ratifies the City Finance Director's determination that the Preliminary Official Statement was deemed final for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (except for the omission of certain final pricing, rating and related information as permitted by such rule). -7- P\20584 JAR\20584 254 07111/07 RESOLUTION NO. RApt Section 9. Further Authority. The City officials, their agents, and representatives are hereby authorized and directed to do everything necessary for the prompt issuance and delivery '"w'' of the 2008 Bonds and for the proper use and application of the proceeds of such sale. Section 10. Severability. The covenants contained in this resolution shall constitute a contract between the City and the owners of each and every 2008 Bond. If any one or more of the covenants or agreements provided in this resolution to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this resolution and shall in no way affect the validity of the other provisions of this resolution or of the 2008 Bonds. Section 11. Effective Date. This resolution shall be effective after its passage as provided by law. Passed November 26, 2007. Kathy Keolker, Mayor Attest: Bonnie I. Walton, City Clerk -*r Approved as to form and legality: K&L PRESTON GATES ELLIS LLP Bond Counsel to the City of Renton By Attachment: Exhibit A—Bond Purchase Agreement -8- P\20584 JAR120584 254 07/11/07 RESOLUTION NO. ORO EXHIBIT A Alpr 1,400, Bond Purchase Agreement Neire A-1 P\20584_JAR120584_254 07/11/07 RESOLUTION NO. bRACERTIFICATE Pr I, the undersigned, Clerk of the City of Renton, Washington (the "City"), DO HEREBY CERTIFY: 1. That the attached Resolution No. (the "Resolution"), is a true and correct copy of a resolution of the City, as finally adopted at a regular meeting of the City Council of the City (the "City")held on the 26th day of November, 2007, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the City Council was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of November, 2007. Bonnie I. Walton, City Clerk P.\20584_JAR\20584_254 07/11/07 CITY OF RENTON COUNCIL AGENDA BILL AI#: , Submitting Data: For Agenda of: Dept/Div/Board.. Finance& IS Department November 19, 2007 Staff Contact Michael E. Bailey, Administrator Agenda Status Consent X Subject: Public Hearing.. Correspondence.. 2007 Year End Budget Amendment Ordinance Ordinance X Resolution Old Business Exhibits: New Business Issue paper Study Sessions Ordinance Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated kiwi"( Total Project Budget City Share Total Project SUMMARY OF ACTION: The proposed 2007 Year End Budget Amendment Ordinance amends the 2007 budgeted expenditures by $3,584,104 and increases the revenue estimates by$7,726,095 for a net change of$4,141,991. STAFF RECOMMENDATION: Approve the 2007 Year End Budget Amendments and adopt the Ordinance. H:\FINANCE\ADMINSUP\O1_AgendaBills\2007_Year End Budget Amend Orddoc ti( Y O FINANCE AND INFORMATION SERVICES ;; ® , DEPARTMENT •`eP'�N�o� MEMORANDUM DATE: November 13, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Mike Bailey, Administrator" SUBJECT: 2007 Year End Budget Amendment Ordinance (Clean Up) ISSUE Should an ordinance be adopted that accomplishes "2007 end of the year" budget adjustments? err RECOMMENDATION Approve the 2007 Year End Budget Amendment Ordinance increasing 2007 budgeted expenditures by $3,584,104 and the revenue estimates by$7,726,095 for a net change of $4,141,991. BACKGROUND SUMMARY In order to meet budget commitments, properly align the 2007 and 2008 preliminary budgets, and ensure all funds are within expenditure limits at year end, we must adjust the appropriations to various funds and departments before the end of the year. Attached is an ordinance commonly referred to as the "Clean Up" ordinance. Each year we review the financial status of departments and funds. Generally, as long as there is enough appropriation authority at the fund level to address any outstanding department issues, the budgets are left unchanged. However, legally, all funds must end the year spending no more than their appropriation authority. If there are any concerns, it is best to appropriate monies to ensure departments are below their appropriation levels. The recommended changes include updating revenue estimates such that anticipated 2007 year-end fund balances are sufficient to provide for 2008 appropriation requests in the preliminary budget. Lastly, adjustments are recommended to reflect changes in the fund structure as provided for in the revised financial policies. h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007 year end budget amendment issue paper.doc Toni Nelson,Council President Members of the Renton City Council November 13,2007 Page 2 of 4 OVERVIEW The following table illustrates the changes we are requesting by fund: Expenditures 2007 Adjusted 2007 Final Fund No. Fund Description Appropriation Amendment Appropriation 001 COMMUNITY SERVICES FUND $ 12,855,890 $ 37,664 $ 12,893,554 101 COMMUNITY SERVICES FUND(Closed) 137,086 137,086 103 STREETS FUND(Closed) 39,074 39,074 207 1978 LIM GO BONDS (Closed) 28,885 643 29,528 306 LEASED CITY PROPERTIES(Closed) 406,988 406,988 307 AQUATICS CENTER FUND (Closed) 192,000 297 192,297 317 TRANSPORTATION CIP 36,228,300 -2,700,000 33,528,300 402 AIRPORT FUND 2,341,464 -56,655 2,284,809 422 AIRPORT CIP 1,500,000 -250,000 1,250,000 405 WATER UTILITY 10,159,629 1,800,000 11,959,629 406 WASTEWATER UTILITY 4,989,667 963,000 5,952,667 407 SURFACE WATER UTILITY 1,066,859 410,000 1,476,859 503 INFORMATION SERVICES 4,372,925 -395,000 3,977,925 601 FIREMEN'S PENSION FUND (Closed) 3,191,007 3,191,007 TOTAL ADJUSTMENTS $ 73,735,619 $ 3,584,104 $ 77,319,723 *41111 Revenues 2007 Adjusted 2007 Final Revenue Revenue Fund No. Fund Description Budget Amendment Budget 001 COMMUNITY SERVICES FUND $ 12,328,390 $ 137,086 $ 12,465,476 003 STREETS FUND 7,348,279 39,074 7,387,353 215 GENL GOVT MISC DEBT SERVICE 4,363,265 643 4,363,908 108 LEASED CITY PROPERTIES 960,899 406,988 1,367,887 316 MUNICIPAL FACILITIES CIP 3,583,038 297 3,583,335 403 SOLID WASTE UTILITY 9,565,016 778,000 10,343,016 425 WATER CIP FUND 8,949,500 1,800,000 10,749,500 426 WASTEWATER CIP FUND 6,140,000 963,000 7,103,000 427 SURFACE WATER CIP FUND 4,980,000 410,000 5,390,000 611 FIREMEN'S PENSION FUND 248,000 3,191,007 3,439,007 TOTAL ADJUSTMENTS $ 58,466,387 $ 7,726,095 $ 66,192,482 2007 Adjusted 2007 Final NET ADJUSTMENT Budget Amendment Budget TOTAL REVENUE ADJUSTMENT $ 58,466,387 $ 7,726,095 $ 66,192,482 TOTAL APPROPRIATION ADJUSTMENT 73,735,619 3,584,104 77,319,723 TOTAL NET ADJUSTMENT $ 15,269,232 $ 4,141,991 $ 11,127,241 NS h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007 year end budget amendment issue paper.doc Toni Nelson,Council President Members of the Renton City Council November 13,2007 Page 3 of 4 All of these costs can be funded with available fund balances and/or received and anticipated additional revenues. Below is the brief explanation of each request. Attachment A of the proposed ordinance provides more detailed information on each of the funds discussed below. General Governmental Fund: Community Services (Fund 001 and 101): The Recreation Division requests funding for gas to heat the Henry Moses Aquatic Center Pool. In addition, adjustments are requested for the transfer of fund balance from Fund 101 to 001, upon the closing of fund 101. Streets Fund Library (Fund 003 and 103): Adjustments are requested for the transfer of fund balance from Fund 103 to 003, upon the closing of fund 103. Debt Services Fund: Debt Service Fund (Fund 215 and 207): Adjustments are requested for the transfer of fund balance from Fund 207 to 215, upon the closing of fund 207. Capital Project Fund: Leased City Properties Fund (Fund 108 and 306): Adjustments are requested for the transfer of fund balance from Fund 306 to 108, upon the closing of fund 306. Municipal Facilities CIP Fund (Fund 316 and 307): Adjustments are requested for the transfer of fund balance from Fund 307 to 316, upon the closing of fund 307. Transportation CIP Fund (Fund 317): Appropriations reduced based on actual expenditures anticipated in 2007. Enterprise Fund: Airport Fund (Fund 402): Appropriation for indirect cost allocation reduced. Airport CIP Fund (Fund 422): Appropriation for 820 Demolition, re-budgeted in 2008. Water Utility Operating and CIP Funds (Fund 405 and 425): Appropriation for capital project contributions from operating to capital fund. Wastewater Utility Operating and CIP Funds (Fund 406 and 426): Appropriation for capital project contributions from operating to capital fund. Now h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007 year end budget amendment issue paper.doc Toni Nelson, Council President Members of the Renton City Council November 13,2007 Page 4 of 4 Surface Water Utility Operating and CIP Funds (Fund 407 and 427): Appropriation for capital project contributions from operating to capital fund. Internal Services Fund: Information Services Fund (Fund 503): Reduce appropriation due to project adjustments. Fiduciary Funds: Firemen's Pension Fund (Fund 611 and 601): Adjustments are requested for the transfer of fund balance from Fund 601 to 611, upon the closing of fund 601. CONCLUSION The primary 2007 budget amendments proposed are reductions in appropriations for capital projects and an increase in revenues based upon actual 2007 results. Attachment: Draft Budget Amendment Ordinance and Attachment A. cc: Jay Covington,CAO Marty Wine,Assistant CAO Bonnie Walton,City Clerk Department Administrators h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007 year end budget amendment issue paper.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE 2007 YEAR END BUDGET AMENDMENTS. SECTION I. The appropriations and revenues for the following funds are hereby amended as follows: Expenditure Adjustments 2007 Adjusted 2007 Final Fund No. Fund Description Appropriation Amendment Appropriation 001 COMMUNITY SERVICES FUND $ 12,855,890 $ 37,664 $ 12,893,554 101 COMMUNITY SERVICES FUND(Closed) 137,086 137,086 103 STREETS FUND (Closed) 39,074 39,074 207 1978 LIM GO BONDS (Closed) 28,885 643 29,528 306 LEASED CITY PROPERTIES (Closed) 406,988 406,988 307 AQUATICS CENTER FUND (Closed) 192,000 297 192,297 317 TRANSPORTATION CIP 36,228,300 -2,700,000 33,528,300 402 AIRPORT FUND 2,341,464 -56,655 2,284,809 Nowr 422 AIRPORT CIP 1,500,000 -250,000 1,250,000 405 WATER UTILITY 10,159,629 1,800,000 11,959,629 406 WASTEWATER UTILITY 4,989,667 963,000 5,952,667 407 SURFACE WATER UTILITY 1,066,859 410,000 1,476,859 503 INFORMATION SERVICES 4,372,925 -395,000 3,977,925 601 FIREMEN'S PENSION FUND (Closed) 3,191,007 3,191,007 TOTAL ADJUSTMENTS $ 73,735,619 $ 3,584,104 $ 77,319,723 Revenue Estimate Adjustments 2007 Adjusted 2007 Final Revenue Revenue Fund No. Fund Description Budget Amendment Budget 001 COMMUNITY SERVICES FUND $ 12,328,390 $ 137,086 $ 12,465,476 003 STREETS FUND 7,348,279 39,074 7,387,353 215 GENL GOVT MISC DEBT SERVICE 4,363,265 643 4,363,908 108 LEASED CITY PROPERTIES 960,899 406,988 1,367,887 316 MUNICIPAL FACILITIES CIP 3,583,038 297 3,583,335 403 SOLID WASTE UTILITY 9,565,016 778,000 10,343,016 425 WATER CIP FUND 8,949,500 1,800,000 10,749,500 426 WASTEWATER CIP FUND 6,140,000 963,000 7,103,000 427 SURFACE WATER CIP FUND 4,980,000 410,000 5,390,000 611 FIREMEN'S PENSION FUND 248,000 3,191,007 3,439,007 TOTAL ADJUSTMENTS $ 58,466,387 $ 7,726,095 $ 66,192,482 Iran H:\FINANCE\ADMINSUP\03_Ordinances Resolutions\2007 year end clean up ordinance.doc ORDINANCE NO. 4.1101 2007 Adjusted 2007 Final NET ADJUSTMENT Budget Amendment Budget TOTAL REVENUE ADJUSTMENT $ 58,466,387 $ 7,726,095 $ 66,192,482 TOTAL APPROPRIATION ADJUSTMENT 73,735,619 3,584,104 77,319,723 TOTAL NET ADJUSTMENT $ 15,269,232 $ 4,141,991 $ 11,127,241 SECTION II. The monies for the budget amendments shown in Section I are derived from available fund balances or increased revenues as described in attachment A. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2007 year end clean up ordinance.doc 2 ORDINANCE NO Attachment A COMMUNITY SERVICES FUND(Fund 001) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUES 12,328,390 12,328,390 - TRANSFER IN FROM CLOSED FUND - 137,086 137,086 Transfer fund balance from closed fund. TOTAL REVENUES 12,328,390 12,465,476 137,086 EXPENDITURES APPROPRIATIONS APPROPRIATIONS 12,855,890 12,893,554 37,664 Gas to heat pool TOTAL EXPENDITURES 12,855,890 12,893,554 37,664 COMMUNITY SERVICES FUND(Fund 101)CLOSED Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUES - -USE PRIOR YEAR REVENUE - - - TOTAL REVENUES - - - EXPENDITURES TRANSFER TO FUND 001 - 137,086 137,086 Closed Fund,transfer fund balance TOTAL EXPENDITURES - 137,086 137,086 to Fund 001 STREETS FUND(Fund 003) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE 7,348,279 7,348,279 - TRANSFER IN FROM CLOSED FUND - 39,074 39,074 Transfer fund balance from closed fund TOTAL REVENUES 7,348,279 7,387,353 39,074 EXPENDITURES APPROPRIATIONS - - - TOTAL EXPENDITURES - - - STREETS FUND(Fund 103)CLOSED Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - -USE PRIOR YEAR REVENUE - - - TOTAL REVENUES - - - EXPENDITURES TRANSFER TO FUND 003 - 39,074 39,074 Closed Fund,transfer fund balance TOTAL EXPENDITURES - 39,074 39,074 to Fund 003 o 2007 Year End Ordinance Attachment A 1 ORDINANCE NO Attachment A GENERAL GOVT MISC DEBT SERV(Fund 215) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES TRANSFER IN FROM CLOSED FUND 4,363,265 4,363,908 643 Transfer fund balance from closed fund. TOTAL REVENUES 4,363,265 4,363,908 643 EXPENDITURES APPROPRIATIONS - - - TOTAL EXPENDITURES - - - 1978 LIM GO BONDS-SR CTR(Fund 207)CLOSED Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES USE PRIOR YEAR REVENUE - - - TOTAL REVENUES - - - EXPENDITURES TRANSFER TO FUND 316 28,885 29,528 643 Closed Fund,transfer fund balance TOTAL EXPENDITURES 28,885 29,528 643 to Fund 215 LEASED CITY PROPERTIES(Fund 108) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE 960,899 960,899 - TRANSFER IN FROM CLOSED FUND - 406,988 406,988 Transfer fund balance from closed fund. TOTAL REVENUES 960,899 1,367,887 406,988 EXPENDITURES APPROPRIATIONS - - - TOTAL EXPENDITURES - - - LEASED CITY PROPERTIES(Fund 306)CLOSED Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - -USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES TRANSFER TO FUND 108 - 406,988 406,988 Closed Fund,transfer fund balance TOTAL EXPENDITURES - 406,988 406,988 to Fund 108 2007 Year End Ordinance Attachment A 2 ORDINANCE NO Attachment A MUNICIPAL FACILITIES CIP(Fund 316) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE 3,583,038 3,583,038 - TRANSFER IN FROM CLOSED FUND - 297 297 Transfer fund balance from closed fund. TOTAL REVENUES 3,583,038 3,583,335 297 EXPENDITURES TRANSFER OUT - - - TOTAL EXPENDITURES - - - AQUATICS CENTER(Fund 307)CLOSED Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - - USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES TRANSFER TO FUND 316 192,000 192,297 297 Closed Fund,transfer fund balance TOTAL EXPENDITURES 192,000 192,297 297 to Fund 316 TRANSPORTATION CIP(Fund 317) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - - USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES APPROPRIATIONS 36,228,300 33,528,300 (2,700,000) Closed Fund,transfer fund balance TOTAL EXPENDITURES 36,228,300 33,528,300 (2,700,000) to Fund 316 SOLID WASTE UTILITY(Fund 403) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE 9,565,016 10,343,016 778,000 Actual revenue greater than projected USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES 9,565,016 10,343,016 778,000 EXPENDITURES APPROPRIATIONS - - - TOTAL EXPENDITURES - - - 2007 Year End Ordinance_Attachment A 3 ORDINANCE NO Attachment A AIRPORT FUND(Fund 402) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - - USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES AIRPORT APPROPRIATIONS 2,341,464 2,284,809 (56,655) reduce indirect cost allocation TOTAL EXPENDITURES 2,341,464 2,284,809 (56,655) AIRPORT CIP FUND(Fund 422) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - - USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES AIRPORT CIP APPROPRIATIONS 1,500,000 1,250,000 (250,000) 820 Demolition in rebudgeted in 2008 TOTAL EXPENDITURES 1,500,000 1,250,000 (250,000) WATER UTILITY FUND(Fund 405) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - - USE PRIOR YEAR REVENUES - - TOTAL REVENUES - - EXPENDITURES APPROPRIATIONS - - - TRANSFER OUT TO CIP 10,159,629 11,959,629 1,800,000 Capital Project Contributions TOTAL EXPENDITURES 10,159,629 11,959,629 1,800,000 WATER CIP FUND(Fund 425) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - - USE PRIOR YEAR REVENUES - - - TRANSFER IN FROM FUND 405 8,949,500 10,749,500 1,800,000 Capital Project Contributions TOTAL REVENUES 8,949,500 10,749,500 1,800,000 EXPENDITURES APPROPRIATIONS INCREASE ENDING FUND BALANCE - - - TOTAL EXPENDITURES - - - 2007 Year End Ordinance Attachment A 4 ORDINANCE NO Attachment A Niro" WASTEWATER UTILITY FUND(Fund 406) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - -USE PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES APPROPRIATIONS - - - TRANSFER OUT TO CIP 4,989,667 5,952,667 963,000 Capital Project Contributions TOTAL EXPENDITURES 4,989,667 5,952,667 963,000 WASTEWATER CIP FUND(Fund 426) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - -USE PRIOR YEAR REVENUES - - - TRANSFER IN FROM FUND 406 6,140,000 7,103,000 963,000 Capital Project Contributions TOTAL REVENUES 6,140,000 7,103,000 963,000 EXPENDITURES APPROPRIATIONS - - - INCREASE ENDING FUND BALANCE - - - TOTAL EXPENDITURES - - - SURFACE WATER UTILITY FUND(Fund 407) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - -USE PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES APPROPRIATIONS - - - TRANSFER OUT TO CIP 1,066,859 1,476,859 410,000 Capital Project Contributions TOTAL EXPENDITURES 1,066,859 1,476,859 410,000 SURFACE WATER CIP FUND(Fund 427) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - -USE PRIOR YEAR REVENUES - - - TRANSFER IN FROM FUND 407 4,980,000 5,390,000 410,000 Capital Project Contributions TOTAL REVENUES 4,980,000 5,390,000 410,000 EXPENDITURES APPROPRIATIONS - - - INCREASE ENDING FUND BALANCE - - - TOTAL EXPENDITURES - - - 2007 Year End Ordinance Attachment A 5 k ORDINANCE NO Attachment A INFORMATION SERVICES(Fund 503) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - USE OF PRIOR YEAR REVENUES - - TOTAL REVENUES - - - EXPENDITURES APPROPRIATIONS 4,372,925 3,977,925 (395,000) Capital project adjustments TOTAL EXPENDITURES 4,372,925 3,977,925 (395,000) FIREMEN'S PENSION FUND(Fund 601) Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - USE OF PRIOR YEAR REVENUES - - - TOTAL REVENUES - - - EXPENDITURES TRANSFER OUT TO 611 - 3,191,007 3,191,007 Closed Fund,transfer fund balance TOTAL EXPENDITURES - 3,191,007 3,191,007 to Fund 611 FIREMEN'S PENSION FUND(Fund 6111 *40111101 Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change Reason REVENUES REVENUE - - USE OF PRIOR YEAR REVENUES 248,000 3,439,007 3,191,007 Transfer fund balance from closed fund TOTAL REVENUES 248,000 3,439,007 3,191,007 EXPENDITURES TRANSFER OUT TO 611 - - - TOTAL EXPENDITURES - - - SUMMARY Fiscal Year 2007 Adjusted Final 2007 Budget 2007 Budget Change REVENUES 58,466,387 66,192,482 7,726,095 EXPENDITURES 73,735,619 77,319,723 3,584,104 (15,269,232) (11,127,241) 4,141,991 2007 Year End Ordinance Attachment A 6 CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 . Ai Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department November 19, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Authorize Business Systems Analyst starting salary at Ordinance step D. Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Legal Dept N/A Council Concur Finance Dept Approved HR Approved Fiscal Impact: Expenditure Required. N/A Transfer/Amendment Amount Budgeted: Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Authorization is requested to fill the Business Systems Analyst position (Grade a23) at Step D of the salary schedule. City Policy 300-41 requires council approval for starting salaries above Step C. This action will allow the FIS Department to match the existing salary of the most qualified candidate for the position. STAFF RECOMMENDATION: Authorize the FIS Department to offer beginning compensation for the Business Systems Analyst position at Step D, Grade A23 of the salary schedule. H:U'ROJECTS\2007\EMMS\Weston Solutions\Westen agenda bill v2.doc ti`SY O FINANCE AND INFORMATION SERVICES ``'"" ; a , DEPARTMENT �, Nry0 MEMORANDUM DATE: November 14, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ' Kathy Keolker, Mayor jec Oz— FROM: Michael E. Bailey, FIS Administrator MQ STAFF CONTACT: George McBride, ext. 6886 SUBJECT: New Hire Step D Authorization ISSUE Should the City authorize hiring of a Business Systems Analyst at a Step D, Grade A23? RECOMMENDATION Staff recommends approval of a Step D beginning pay rate. Ivry BACKGROUND The FIS Department has completed recruitment for a new position, Business Systems Analyst to work in public safety with a primary focus on business process improvement and technology alignment within the Fire Department. City Policy 300-41 requires that council approve any starting wage rate higher than Step C. The successful candidate is currently earning $66,000 per annum. The candidate is also entertaining two competing offers of employment beginning at $75,000 and exceeding $80,000. As a Renton resident, the candidate has expressed interest in accepting the city's offer, however, a Step C beginning pay rate will result in a beginning salary 10% below current earnings. The applicant's qualifications, education and background all suggest this candidate is well qualified for the position and deserving of the Step D beginning salary at $65,652. Cc: Jay Covington,CAO George McBride,Information Services Noe i:\bsa starting wage position paper.doc CITY OF RENTON COUNCIL AGENDA BILL AI#: e tit Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division November 19, 2007 Staff Contact Ryan Zulauf, Airport Manager, Agenda Status x7471 Consent X Subject: Public Hearing.. Pro-Flight Aviation, Inc. Lease LAG 99-002, Rate Correspondence.. Increase and Lease Addendum Ordinance Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Addendum to Lease LAG 99-002 Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $13,063.37 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Pro-Flight Aviation, Inc. leases a parcel on the Airport for aircraft maintenance. Lease LAG-99-002 allows for a periodic ground lease rate adjustment using the Consumer Price Index every three years. The lease rate has been increased to $0.367 per square foot per year, using the Consumer Price Index. The annual lease amount will be increased from the current amount of $11,700.08 to $13,063.37, an increase of$1,363.29, annually. This lease rate adjustment is effective as of August 1, 2007 through July 31, 2010, with a lease expiration date of July 31, 2028. STAFF RECOMMENDATION: Approve an increase in the annual lease amount for Pro-Flight Aviation, Inc. Lease Agreement LAG 99-002, and authorize the Mayor and City Clerk to sign the lease addendum. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Pro-Flight CPI Increase\Ag Bill Pro-Flight CPI Addendum.doc , f0( O`e PLANNING/BUILDING/ o ® PUBLIC WORKS DEPARTMENT • MEMORANDUM• DATE: November 19, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: , Kathy Keolker, Mayor FROM: Gregg Zimmerma�f, Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Pro-Flight Aviation, Inc. Lease LAG 99-002, Rate Increase and Lease Addendum ISSUE: Should the City increase the annual ground lease amount for the lease agreement with Pro-Flight Aviation, Inc.? Nwor RECOMMENDATION: Approve an increase in the annual lease amount for the Pro-Flight Aviation, Inc. Lease Agreement, LAG 99-002, and authorize the Mayor and City Clerk to sign the lease addendum. BACKGROUND SUMMARY: Pro-Flight Aviation, Inc. leases a parcel on the Airport for aircraft maintenance. Lease LAG-99-002 allows for a periodic ground lease rate adjustment using the Consumer Price Index every three years. The lease rate has been increased to $0.367 per square foot per year, using the Consumer Price Index. The annual lease amount will be increased from the current amount of$11,700.08 to $13,063.37, an increase of$1,363.29, annually. This lease rate adjustment is effective as of August 1, 2007 through July 31, 2010, with a lease expiration date of July 31, 2028. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Pro-Flight CPI Increase\Issue Paper Pro-Flight CPI.doc LAG 99-002 Addendum# ADDENDUM TO LEASE AGREEMENT (City of Renton to Pro-Flight Aviation, Inc.) THIS ADDENDUM to Lease Agreement LAG 99-002, is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, Pro-Flight Aviation has a Lease Agreement with the City of Renton, LAG-99-002, executed on August 1, 1998; and WHEREAS, on July 31, 2004, the land rental rate for the approximately 35,595 square feet of land area leased by Pro-Flight Aviation was determined to be $0.3287 per square foot per year and continuing until July 31, 2007; and WHEREAS, on July 31, 2007, and for the ensuing three (3) year period, the land rental rate was adjusted, using the Consumer Price Index-Urban, to a rate of$0.367 per square foot per year for the 35,595 square feet of leased area, resulting in an annual rental amount of$13,063.37 (35,595 x $0.367), and continuing until July 31, 2010. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND PRO-FLIGHT AVIATION, INC. AS ter✓ FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the difference between the CPI-U of August 2004 to July 31, 2007, is 11.6% (215.978 — 193.5 / 193.5 = 0.1162 or 11.62%). This results in an annual rate increase from $0.3287 to $0.367 per square foot(0.3287 x 1.116= $0.367); and 2. The Lessor and Lessee do hereby agree to an annual land rent of$13,063.37 (35,595 x 0.367 = 13,063.37) for the 35,595 square feet identified in Lease Agreement LAG 99- 002. 3. Lessor and Lessee do hereby agree that the annual land rent rate in Paragraph 1 shall remain in effect until July 31, 2010, and effective as of that date the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index, and for each three (3) year period thereafter. Minimum base rental for any period shall not be less than the current annual rental of$13,063.37. 4. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban (CPI-U) Lease Agreement 99-002 1 City of Renton to Pro-Flight Aviation,Inc. LAG 99-002 Addendum# then in effect for all urban consumers, as published by the US Department of Labor *w.►° for the Seattle-Tacoma Metropolitan Area. 5. Lessor and Lessee do hereby further agree that at least thirty(30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing three (3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 6. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. PRO-FLIGHT AVIATION, INC. CITY OF RENTON a Washington Corporation a Municipal Corporation Kathy Keolker Mayor *or Title Bonnie Walton City Clerk Date Approved as to legal form City Attorney Now- Lease Agreement 99-002 2 City of Renton to Pro-Flight Aviation, Inc. CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division November 19, 2007 Staff Contact Bob Hanson (x7223) Agenda Status Consent X Subject: Public Hearing.. X Correspondence.. Temporary Road Closure of Duvall Avenue NE/Coal Ordinance Creek Parkway SE from NE Sunset Boulevard to Resolution X SE 95th Way Old Business Exhibits: New Business X Study Sessions Issue Paper Information Vicinity Maps with Proposed Detour Routes Resolution Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: liof Expenditure Required... N/A Transfer/Amendment Amount Budgeted N/A Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Duvall Avenue NE/Coal Creek Parkway SE Reconstruction Project consists of improving and widening the existing street to decrease traffic congestion within the City. Constructing a large project on a very congested route with typical lane closures will create a very long duration in construction activities and added traffic congestion. To increase the productivity of construction and help lower estimated construction costs,the Transportation Division is requesting a full temporary closure of Duvall Avenue NE/Coal Creek Parkway SE from NE Sunset Boulevard to SE 95th Way. Traffic for both directions will be detoured on two alternate routes: one on 148th Avenue SE and SE May Valley Road, and the second on Union Avenue NE, 132nd Avenue SE and SE 95th Way. Provisions will be made for local access. The estimated duration of the closure is 13 months. The temporary road closure will take place beginning construction in February 2008 to February 28, 2009. The exact dates for the closure will depend on work progress and are not possible to predict at this time. STAFF RECOMMENDATION: 1. Set a public hearing for December 3, 2007, for the temporary closure of Duvall Avenue NE/Coal Creek Parkway SE from NE Sunset Blvd to SE 95th Way. 2. Consider adoption of the resolution authorizing the temporary closures after the public hearing. H.\Divisions\TRANSPOR TAT\DESIGN ENG1RoblDuvaIJ Road Closure\Agnb II-Duvall Closure 071108 doc -s`SY O‘e PLANNING/BUILDING/News. , PUBLIC WORKS DEPARTMENT • �'�N�o� MEMORANDUM DATE: November 19, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: .-�' v_ Kathy Keolker, Mayor FROM: Gregg ZimmermaJ" ministrator STAFF CONTACT: Bob Hanson, Transportation Design Supervisor, x7223 SUBJECT: Temporary Road Closure of Duvall Avenue NE/Coal Creek Parkway SE from NE Sunset Boulevard to SE 95th Way ISSUE: Should the City allow a full temporary road closure of Duvall Avenue NE/Coal Creek Parkway SE from NE Sunset Boulevard to SE 95th Way for the duration of the Duvall Avenue NE/Coal Creek Parkway Reconstruction Project? RECOMMENDATION: 1. Set a public hearing for December 3, 2007, for the temporary closure of Duvall Avenue NE/Coal Creek Parkway SE from NE Sunset Blvd to SE 95th Way. 2. Consider adoption of the resolution authorizing the temporary closures after the public hearing. BACKGROUND SUMMARY: The Duvall Avenue NE/Coal Creek Parkway Reconstruction Project consists of improving and widening the existing streets and improving sewer, stormwater, and water mains within the new roadway. Constructing a large project on a very congested route with typical lane closures will create a very long duration in construction activities and added traffic congestion. Toni Nelson,Council President Members of the Renton City Council Page 2 of 2 November 19,2007 To increase the productivity of construction and to help lower estimated construction costs the Transportation Division is requesting a full temporary closure of Duvall Avenue NE/Coal Creek Parkway SE from NE Sunset Boulevard to SE 95th Way. All lanes of Duvall Avenue NE and Coal Creek Parkway SE will be closed during its reconstruction. Traffic for both directions will be detoured on two alternate routes: one on 148th Avenue SE and SE May Valley Road, and the second on Union Avenue NE, 132nd Avenue SE and SE 95th Way. Provisions will be made for local access. The estimated duration of the closure is 13 months. The temporary road closure will take place beginning construction in February 2008 to February 28, 2009. The exact dates for the closure will depend on work progress and are not possible to predict at this time. Per City Code, the public will have advanced notification of the closure dates prior to the beginning of construction, and updates as the construction progresses. Signs will be erected as well as notification in the Renton Reporter to notify the public of the projected closure. Attachments cc: Peter Hahn,Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor James Wilhout,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary H\Division s\TRANSPOR TAT\DESIGN ENG\Rola\Duvall\Road Closure\Road Closure-Issue Paper doc DUVALL AVENUE NE/COAL CREEK PARKWAY SE RECONSTRUCTION PROJECT -., ,..„.,.... - - ,,v....„ i:.,..,:. 95t 4143 .5th NE jf 4 cu C r Si,3 1 PI c - ••,?, [ 15 -- r41. — _ UAL.L/ E <-, NE 25th P1 N26th C g NE 26th St .t. — +th Ct .sc ..-'''q' i .1 5 NE 24th N + NE 24-t NE 23rd h St _A 5 NE 24ttiCt PJ 5 'Jc..., NE 23 NE 23rd rE 2.3rd 102nd Ct 'ivory 22nd PI NE 22nd L, NE 22rd et NE 22nd St E 22nd NE 22nd PI NE 21st i.- NE 22nd Ct 21st PI c NE 20 21st NE 21st St E 21 0 ct g NE 20th —21st .,,,L'-'-'Ct '1 0 NE 20th cb SE 104th St, SE 1041-tt . = -- NE 19th St Z 1.,J '41 NE 18111 St 0 r R cc yoiv/„nz' .ei fie /701, - NE 17th Si 11)7 ,,.. 71 4 0 1,1 U1 At, .:C i V Vtifilt, 41tY ,.." ,-, -4- 4E 12th St ilj , 1 ca r 11,114. rm DETOUR ROUTES CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY TOTAL CLOSURE OF DUVALL AVENUE NE/COAL CREEK PARKWAY FROM SUNSET BOULEVARD TO SE 95TH WAY WHEREAS, the City of Renton plans to widen and improve Duvall Avenue NE& Coal Creek Parkway, from Sunset Boulevard to SE 95th Way, including sewer, water and stormwater installation; and WHEREAS, this construction activity will require temporary street closure along Duvall Avenue NE & Coal Creek Parkway, from Sunset Boulevard to SE 95th Way; and WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closures by means of a Resolution; NIS NOW, THEREFORE, THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION H. The City Council does hereby authorize the temporary closure of Duvall Avenue NE & Coal Creek Parkway, from Sunset Boulevard to SE 95th Way to occur during the period February 1, 2008, to February 29, 2008, to allow the contractor to construct the roadway and utility improvements. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. fir• Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: RES.1312:11/14/07:ch ,4000, 2 DUVALL AVENUE NE/COAL CREEK PARKWAY SE RECONSTRUCTION PROJECT 95tH � � 5th ' {;,,. R4.1. .;".„,,, . Pit 3Tst St mill„ NI NE 25th PJ NE 26th NE •th Ct NE 26th St "111 NE 24th N FE 24th St NE 23rd P1 NE 24t}i t NE 23rd r2rad PI NE 22nd NE 23rd . 102A, NE 23rd Ct dF 22nd NE 22nd P� FE 21st dE 22nd St � NE 22nd Ct .c NE 21st PI NE 21st St NE 20 E 21st 21st Ct w '" NE 19th , NE 20th Lo : i NE 20tq cB SE 104th St, es fdE 19th St SE ?04 4 NE 19th ; SNE 18]}? St o Whitman -: Ne 17 R • WE 17th SI 1D7 • -1 - - -gt LA' S ,*��r tib; .. '.e.'4 i :2: € 12th St > DETOUR ROUTES 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: (O ' 1D Submitting Data: For Agenda of: November 19, 2007 Dept/Div/Board.. PBPW/Utility Systems/Surface Water Staff Contact Ron Straka, x7248 Agenda Status Consent X Subject: Public Hearing.. Local Government Stormwater Grants Program— Correspondence.. Ecology Grant Agreement#G0800128 Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Grant Agreement#G0800128 Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $75,000 (2007/2009) Transfer/Amendment Amount Budgeted $0 Revenue Generated $75,000 (2007-2009) Total Project Budget $0 City Share Total Project.. $0 SUMMARY OF ACTION: The City of Renton is eligible to receive$75,000 in non-matching grant funding in 2007-2009 from the Washington Department of Ecology. This grant will assist the Surface Water Utility and the City to implement the requirements associated with the new NPDES Phase II Municipal Stormwater permit. The grant funding will be used to assist in the implementation of an illicit discharge, detection, and elimination program, storm system mapping, updating stormwater ordinances and regulation or other eligible activities as allowed by the grant. This grant does not require the local government to match and is 100 percent funded by the Washington State Department of Ecology with the effective date of the grant funds provided from July 1, 2007 to June 30, 2009 per the agreement. STAFF RECOMMENDATION: Approve and authorize the Mayor and City Clerk to sign the grant agreement and the"Signature Authorization Form for Grant/Loan Recipients." C:\DOCUME-1\B Walton\LOCALS-1\Temp\Grant Agreement Agenda Bill.doc\SLtp f O� PLANNING/BUILDING/ ♦ ® •+ PUBLIC WORKS DEPARTMENT ve$: � MEMOR ANDUM DATE: November 1, 2007 TO: Kathy Keolker, Mayor FROM: Aiy,Gregg Zimmerma& ministrator STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Supervisor (x7248) SUBJECT: Local Government Stormwater Grants Program—Ecology Grant Agreement No. G0800128 ISSUE: Should the City of Renton enter into a grant agreement with the Washington State Department of Ecology for non-matching grant funds to be used by the City to assist with implementing the Phase II Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit? `'w' RECOMMENDATION: Authorize and execute the Ecology Grant Agreement #G0800128, to assist in complying with the Federal NPDES permit, in the amount of up to $75,000. BACKGROUND: This grant will assist the Surface Water Utility and the City to implement the requirements associated with the new NPDES Phase II Municipal Stormwater permit. The grant funding will be used to assist in the implementation of an illicit discharge, detection, and elimination program, storm system mapping, updating stormwater ordinances, and regulation or other eligible activities as allowed by the grant. This grant does not require the local government to match and is 100 percent funded by the Washington State Department of Ecology with the effective date of the grant funds provided from July 1, 2007 to June 30, 2009 per the agreement. CONCLUSION: The non-matching grant with the Washington State Department of Ecology, in the amount of up to $75,000, would assist the City in complying with the federal NPDES permit. Attachments cc: Lys Hornsby, Utilities System Director Steve Lee, Surface Water Utility Engineer Name H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3058 2003 NPDES Phase II Stormwater Permit\NPDES Phase 2 Permit\Final NPDES Phase 2 Permit\Grants\071024-Memo-ToMayor_SignatureNeeded.doc\SLtp LOCAL GOVERNMENT STORMWATER GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF RENTON THIS is a binding agreement entered into,by, and between the state of Washington Department of Ecology (DEPARTMENT), and the City of Renton(RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: Renton Local Government Stormwater Grant Grant Number: G0800128 RECIPIENT Name and Address: City of Renton 1055 S. Grady Way Renton, WA 98057 RECIPIENT Contact: Ronald Straka, P.E. Telephone Number: (425) 430-7248 Fax Number: (425) 430-7241 E-Mail Address: rstraka@ci.renton.wa.us RECIPIENT Billing Contact: Ronald Straka, P.E. Telephone Number: (425) 430-7248 Fax Number: (425) 430-7241 E-Mail Address: rstraka@ci.renton.wa.us RECIPIENT Federal ID Number: 91-6001271 DEPARTMENT Project/Financial Manager:Melanie Tyler Mailing Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number: (360) 407-7489 Fax Number: (360) 407-7151 E-Mail Address: mety461@ecy.wa.gov Renton Local Government Stormwater Grant City of Renton Itiew Grant No. G0800128 DEPARTMENT Funding Source: 2007-09 Biennial Operating Budget/Local Toxics Control Account Total Cost: $75,000 Total Eligible Cost: $75,000 DEPARTMENT Share: $75,000 DEPARTMENT Maximum Percentage: 100 percent The effective date of this grant agreement is July 1, 2007. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the RECIPIENT. This agreement expires on June 30, 2009. PART II. PERFORMANCE MEASURES A. Water Quality Goal. Improved stormwater management and water quality protection associated with development and implementation of a stormwater management program. B. Project Outcomes. Local Government Stormwater Grants for local governments to receive grants for municipal stormwater programs, including but not limited to: 1. Implementation of Phase II municipal stormwater National Pollutant Discharge Elimination System (NPDES)permits. 2. Stormwater source control for toxics in association with clean-up of contaminated sediment sites. 3. Stormwater source control programs for shellfish protection districts where stormwater is a significant contributor. C. Post Project Assessment. The RECIPIENT agrees to submit a brief survey three years after project completion regarding the key project outcomes and the status of environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey. The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. Page 2 of 8 Renton Local Government Stormwater Grant City of Renton Grant No. G0800128 'gag Approximate Post Project Assessment Date: June 30, 2012 PART III. PROJECT DESCRIPTION The RECIPIENT's stormwater project will address planning, implementation, or management of municipal stormwater programs. PART IV. PROJECT BUDGET Renton Local Government Stormwater Grant TOTAL ELIGIBLE ELEMENTS COST (TEC)* Task 1 —Project Administration/Management $ 7,500 Task 2—Implementation of Stormwater Planning and Management $67,500 Needs Total $75,000 NIS *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements) DEPARTMENT Share FY 08 (100% of TEC) $75,000 Payment Request Submittals. Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's Project/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost-reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for Page 3 of 8 Renton Local Government Stormwater Grant City of Renton Grant No. G0800128 billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. Task 1 - Project Administration/Management A. The RECIPIENT shall administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. fir► C. The RECIPIENT shall submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all applicable forms shall be included with an original A19-1A, and shall be submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans. Required Forms: Where Eligible Costs Have Incurred: Form A 19-1A (original signature) Form E (ECY 060-12) Form B2 (ECY 060-7) Form F (ECY 060-13) Form C2 (ECY 060-9) Form G (ECY 060-14) Form D (ECY 060-11) Form H (F-21) Form I (ECY 060-15) D. If work conducted results in a report, the RECIPIENT shall submit the following to the DEPARTMENT's Project/Financial Manager and in the quantities identified: • Draft project completion reports—one electronic copy • Final project completion reports—five copies • Electronic copy of final project completion report The RECIPIENT shall submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Page 4 of 8 Renton Local Government Stormwater Grant City of Renton Grant No. G0800128 Task 2—Implementation of Stormwater Planning and Management Needs A. The RECIPIENT shall address stormwater management needs that protect or restore water quality. The RECIPIENT may conduct work related to any of the following eligible stormwater management outcomes: • Implementation of activities required by the municipal stormwater National Pollutant Discharge Elimination System(NPDES) permits. • Stormwater source control for toxics in association with clean-up of contaminated sediment sites. • Stormwater source control programs for shellfish protection districts where stormwater is a significant contributor. B. Examples of eligible projects or project components: 1. Conducting inventories of stormwater sources. 2. Establishing and refining stormwater utilities, including stable rate structures, developing stormwater ordinances and regulations, initial staffing, and other capacity building activities to facilitate ongoing stormwater management needs. 3. Review existing and model stormwater regulations. 4. Mapping or geographic information systems of stormwater system infrastructure. 5. Source control activities, such as drain stenciling, business inspections, and public information and communication. 6. Identification and removal of illicit stormwater discharges into municipal separate storm sewer systems. 7. Completing detailed plans, for example, stormwater management plans, engineering reports or facilities plans (including financing options and choices), education and outreach plans, and source control progress reports. 8. Purchase of equipment for conducting stormwater monitoring. 9. Evaluation of stormwater quality. 10. Other activities consistent with Legislative provisos for this program or local and regional stormwater management programs or permit compliance, which can be completed by the June 30, 2009, deadline. PART VI. SPECIAL TERMS AND CONDITIONS A. Commencement of Work. In the event that the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform the public about DEPARTMENT funding participation in this project as appropriate. Page 5 of 8 Renton Local Government Stounwater Grant City of Renton Grant No. G0800128 Examples include project signs and/or acknowledgement in published materials and reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the RECIPIENT determines that equipment is needed to achieve the project outcomes, a request must be made to the DEPARTMENT. All equipment purchases must have prior approval by the DEPARTMENT. D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs incurred while conducting project related work, provided that prior to signature of this agreement, the DEPARTMENT's Project/Financial Manager may require a list of items included in the indirect rate during negotiations or thereafter. Items that are generally included in an indirect rate are identified in Administrative Requirements for Recipients of Ecology Grants and Loans. E. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light %%ow refreshments under this agreement cannot exceed $300. F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women- owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women- owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6% WBE Architecture/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no contract award or rejection will be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affilniative steps in any procurement initiated after the effective date of this Agreement: Page 6 of 8 Renton Local Government Stormwater Grant City of Renton Grant No. G0800128 r.r ' 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be, followed. Any contractor engaged by the RECIPIENT under this agreement will be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the DEPARTMENT's Project/Financial Manager. Payment requests will not be processed without a Progress Report. Reporting Periods. • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the quarter. Report Content. At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the objectives established for the period,the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. Page 7 of 8 Renton Local Government Stormwater Grant City of Renton Grant No. G0800128 PART VII. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Recipients of Ecology Grants and Loans ("Yellow Book"), and the Local Government Stormwater Grants Program FY 2008 contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON CITY OF RENTON DEPARTMENT OF ECOLOGY DAVID C. PEELER DATE KATHY KEOLKER DATE WATER QUALITY PROGRAM MANAGER MAYOR APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (Revised 7/9/07) 'tirr` Page 8 of 8 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary IIIS approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. 1 Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends$500,000 or more in a year in Federal funds. The$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety(90)days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31,April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30)days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s)for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45)days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent(10%)of each reimbursement payment as security for the RECIPIENTs performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is 2 reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT,to perform any obligation required of it by this agreement,the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. NIS 3 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s)or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s),or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability.. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason,to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. 4 Interest shall accrue at the rate of twelve percent(12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done,the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. 5 lo"' V. PRECEDENCE • In the event of inconsistency in this agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and State statutes and regulations; (b)Scope of Work; (c)Special Terms and Conditions; (d)Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans"; and (e)the General Terms and Conditions. SS-010 Rev. 04/04 6 SIGNATURE AUTHORIZATION FORM FOR GRANT/LOAN RECIPIENTS Department of Ecology Water Quality Program PO Box 47600 Olympia, WA 98504-7600 WASHINGTOU STATE Phone: (360) 407-6600 DEARTY. E1: 1 ECOLOGY FAX: (360)407-7151 Name of Organization Date Submitted City of Renton Project Title Agreement Number Renton Local Government Stormwater Grant G0800128 AUTHORIZING SIGNATORY Signature Print Title/Term of Office Mayor Kathy Keolker Mayor / 2007 • Nomili AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Signature Print Title Ron Straka, P.E. Surface Water Utility „,-sj---- 1; Engineer Supervisor 4; . Lys Hornsby, P.E. Utility Systems I . ' Director AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Signature Print Title Ron Straka, P.E. Surface Water Utility Engineer Supervisor / - Steve Lee, P.E. S.W. Utility Project Mgr. ECY 070-206 (Rev. 01/2006) Ecology is an equal opportunity agency. CITY OF RENTON COUNCIL AGENDA BILL AI #: lG' '*,,w Submitting Data: For Agenda of: November 19, 2007 Dept/Div/Board.. PBPW/Utility Systems/Solid Waste Staff Contact Linda Knight, ext. 7397 Agenda Status Consent X Subject: Public Hearing.. Amendment to 2006/2007 King County Solid Waste Correspondence.. Division's Waste Reduction& Recycling Grant Ordinance Interlocal Agreement Resolution X Old Business Exhibits: . New Business Issue Paper Study Sessions Amendment to the 2006-2007 WR/R Grant Interlocal Information Agreement Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other 444,.., Fiscal Impact: Expenditure Required... $105,863 Transfer/Amendment 403/000000/018.5370.10.000000 403/000000/018.5370.41.000111 Amount Budgeted $105,863 Revenue Generated $105,863 Total Project Budget $105,863 City Share Total Project.. $0 SUMMARY OF ACTION: Renton City Council approved Resolution 3796 in March of 2006 that authorized the execution of the 2006/2007 WR/R grant. This amendment updates the City of Renton's 2006-2007 WR/R grant agreement with revised 2007 grant funds for the City to continue the implementation of the City's 2006-07 WR/R tasks, including Special Recycling Events, the Natural Yard Care Program, ReUse It! Renton, and the Sustainable Collection Pilot. An amendment to CAG 06-107, the Waste Reduction/Recycling Grant Agreement between the City and King County must be signed in order for the City to receive grant funds. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute Amendment#1 to CAG 06-107, King County Waste Reduction& Recycling Grant Interlocal Agreement, which provides a total of$105,863 in 2007 grant funding to implement Special Recycling Events, the Natural Yard Care Program, ReUse It! Renton, and the Sustainable Collection Pilot. H:\File Sys\SWU-Solid Waste Utility\SWU-08-KC Grants\SWU-08-0012-WRR-2006-2007WB2007 Amend.doc/LKtp C.)( i( 0 PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT se$ h �� M NT E M O R ANDUM DATE: November 8, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerm‘KAinistrator STAFF CONTACT: Linda Knight, Solid Waste Coordinator (ext. 7397) SUBJECT: Amendment to 2006/2007 King County Solid Waste Division's Waste Reduction & Recycling Grant Interlocal Agreement ISSUE: Should Renton execute an amendment to the 2006/2007 Waste Reduction & Recycling Grant Interlocal Agreement with King County in order to receive a total of$105,863 in non-matching grant funding in 2007 to implement waste reduction and recycling programs? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute the amendment to the 2006/2007 King County Waste Reduction & Recycling Grant Interlocal Agreement, which provides a total of$105,863 in 2007 to implement Special Recycling Events, the Natural Yard Care Program, ReUse It! Renton, and the Sustainable Collection Pilot. BACKGROUND SUMMARY: King County Solid Waste Division (KCSWD) established a Waste Reduction and Recycling Grant Program for cities that participate in the King County Comprehensive Solid Waste Management Plan. This grant provides funding to further the development and enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs. In an effort to reduce unnecessary paperwork and staff time, and to increase program efficiency, the County combined two former grant programs, including the City Optional Program and the WR/R Program into one grant, now referred to as the Waste Reduction and Recycling Grant. The Waste Reduction and Recycling Grant offers cities more flexibility in the allocation of funding to projects that more closely align with cities' priorities for waste reduction/recycling and resource conservation projects. Projects of ,arr.rr Council\2006-2007 WRR Grant Amendment November 9,2007 Page 2 of 2 past grant programs provided by KCSWD were more narrowly defined. An amendment `*to to the Renton City Council approved 2006/2007 King County Solid Waste Division's Waste Reduction & Recycling Grant Interlocal Agreement is necessary to reflect the 2007 allocation for the Special Recycling Events and to reflect the change to the Scope of Work to include the Sustainable Collection Pilot. CONCLUSION: The City of Renton is eligible to receive $105,863 in non-matching grant funding in 2007 through the King County Solid Waste Division's Waste Reduction and Recycling Grant Program. This grant provides funding for the City's Special Recycling Events, the Natural Yard Care Program, ReUse It! Renton, and the Sustainable Collection Pilot. The grant allocation is $105,863.00 for 2007. An amendment to the Interlocal Agreement between the City and King County must he signed in order for the City to receive grant funds. cc: Lys Hornsby, Utility Systems Director File err+'' 1 L\Pile Svs\SWI1-Solid Waste Utility\SWU-08-KC Grants\SWL1-08-0(12-WRR-2(106-2007\07 amendment issue.doc\LKtp CONTRACT AMENDMENT.4�., ; 40.. Page 1 of 2 Pages Project Name 2006-2007 WR/R Grant Program ontract No. D36039D Naw Agency/Contractor City of Renton Date Entered Jan. 1, 2006 Amendment No. 1 1055 South Grady Way, 5`h floor Date Entered Jan. 1, 2007 Address Renton, WA 98055 AMENDMENT REQUESTED BY: AMENDMENT AFFECTS: ("X" applicable items) Solid Waste Division x Scope of Services Method of Payment Organization Time of Performance Reliance Kevin Kiernan, Interim Director x Compensation Terms & Conditions Name Results of Services NECESSITY This amendment updates the City of Renton's 2006-2007 WR/R grant FOR CHANGE agreement with revised 2007 grant funds for the City to continue the implementation of the City's 2006-07 WR/R tasks, as described in Exhibit A- Revised for 2007, Scope of Work. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. ACKNOWLEDGEMENT AND ACCEPTANCE KING COUNTY,WASHINGTON Agency/Contractor By By way For Ron Sims, King County Executive Title Date Date CONTRACT AMENDMENT Page 2 of 2 Pages Project Name 2006-2007 WR/R Grant Program Contract No. D36039D Agency/Contractor City of Renton Date Entered Jan. 1, 2006 Amendment No. 1 Date Entered Jan. 1, 2007 AMEND Section LLB.1., second paragraph To READ The City of Renton's budgeted grant funds for 2007 are $105,863. This includes $41,703 for providing Recycling Collection Events to residents of unincorporated King County that are included in the carrier routes as provided to the City by the County. Unspent 2006 funds may be carried over to 2007, but 2007 funds will not carry over to 2008. REPLACE Exhibit A WITH Exhibit A-Revised for 2007 r1S King County Solid Waste 2007 WR/R Grant November 2,2005 Page 2 of 8 B. Scope of Work *""'" 1. Task: RENTON SPECIAL RECYCLING EVENT a. Project Manager: Julie Pursell, Solid Waste Education Specialist (425)430-7396, email:jpursell@ci.renton.wa.us b. Schedule: Spring and Fall 2007 c. Program/Project Specifics: 1) Project Activities • Number of events: 2 • Materials to be collected at each event: • Ferrous metals Non-ferrous metals • Reusable household goods Textiles • Refrigerators &Freezers A Appliances (non-CFC) • Used motor oil* Concrete(excluding rebar) • Antifreeze* Automotive tires • Automotive batteries* NiCad batteries* • Clean wood Bulky wood waste • ^A collection fee will be charged for these items *Collection of these materials funded by a L,HWMP grant • Other materials including, but not limited to, #2 and#4 plastic bags,#6 plastic food containers, and Styrofoam peanuts may be added dependent upon the availability of viable markets. • Education programs: Residents utilizing the event will receive educational materials that respond to commonly asked questions about waste prevention and recycling. Possible educational materials to be used include the County's appliance recycling brochure, a guide to local recycling outlets for secondary recyclables, and flyers about preventing waste and composting. • Event Promotion methods: The City will notify the public of the events through utility billing inserts, direct mail for County residents, the city's cable channel, the city's website, handouts at the local library and community center and through information printed in the City newsletter. • Event staffing: City staff, vendor staff and volunteers will be utilized in the operations for each event. Julie Pursell will manage the event and experienced volunteers will greet the public, screen materials, direct traffic through the site, and distribute educational materials. A City of Renton Police Officer will be in charge of traffic control. Staff working the event will be scheduled between 7:30 a.m. and 5:00 p.m. Because we require all staff to remain on-site for the duration of the event, the City will supply lunch and liquid refreshments. P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc Exhibit A-Revised for 2007 King County Solid Waste WR/R Grant 2007 Scope of Work- Revised A. Basic Information 1. City of Renton 1055 South Grady Way,5th floor Renton, WA 98055 2. Waste Reduction and Recycling Grant Program 3. Project Managers: Non-Residential Special Recycling Events Waste Reduction Recycling Waste Reduction Recycling Linda Knight, Solid Waste Coordinator Julie Pursell, Solid Waste Education Specialist (425)430-7397 Spencer Orman, Solid Waste Education Specialist lknight@ci.renton.wa.us (425)430-7396 FAX (425) 430-7241 ipursell@ci.renton.wa.us sorman@ci.renton.wa.us 4. TBD Non-Residential Program 5. Requested Funding: $64,160(City allocation) $41,703 (County SRE allocation) $105,863 Total Special Recycling Event: $41,703.00 Waste Reduction/Recycling: $64,160.00 • Natural Yard Care: $10,000.00 • Renton Reuse Event $29,160.00 • Sustainable Collection Pilot $25,000.00 King County Solid Waste 2007 WR/R Grant November 2,2005 Page 3 of 8 2) Project Evaluation: • Number of Vehicles: 500 vehicles at each event %mwr • Volume of each material collected: See Project Budget. • Event comments: Surveys may be utilized to evaluate the event. The evaluation report required by the County will be submitted as required in the Interlocal Agreement. Included in the evaluation report will be a comparison of the 2007 event totals versus 2006 event totals. 3) Project Budget: Spring 2007 Budget Category Estimated WRR funds LHWMP funds TOTAL Quantity COSTS City Staff: Project Manager,Other 253 hours $6,300.00 $6,300.00 Shops 40 hours $1,950.00 $1,950.00 Police Officer 8 hours $300.00 $300.00 Overhead(@25% staff costs) $2,137.50 $2,137.50 Total 296 hours $10,687.50 $10,687.50 Collection/Hauling Costs: Wood Waste 5 tons $200.00 $200.00 Yard Waste(incl w/scrap metal) 12 tons Scrap Metal 25 tons $3,525.00 $3,525.00 Appliances (incl. w/scrap metal) 77 units/5 tons Included w/scrap srwr' Tires 520 units/5 tons $1,000.00 $1,000.00 Batteries 223/4 tons $100.00 $100.00 Oil &Antifreeze 2 tons $3,000.00 $3,000.00 Concrete 55 tons $350.00 $350.00 Printing/Mailing Cost $4,000.00 $4,000.00 Event Supplies $650.00 $650.00 Other Expenses $439.00 $439.00 4 Total Costs $20,851.50 $3,100.00 $23,951.50 P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc King County Solid Waste 2007 WR/R Grant November 2,2005 Page 4 of 8 Project Budget: Fall 2007 Budget Category Estimated WRR funds LHWMP funds TOTAL Quantity COSTS *0200 City Staff: Project Manager, Other 253 hours $6,300.00 $6,300.00 Shops 35 hours $1,950.00 $1,950.00 Police Officer 8 hours $300.00 $300.00 Overhead(@25% staff costs) $2,137.50 $2,137.50 Total 296 hours $10,687.50 $10,687.50 Collection/Hauling Costs: Wood Waste 5 tons $200.00 $200.00 Scrap Metal 25 tons $3,525.00 $3,525.00 Tires 520 units/5 tons $1,000.00 $1,000.00 Batteries 223/4 tons $100.00 $100.00 Oil&Antifreeze 2 tons $3,000.00 $3,000.00 Concrete 55 tons $350.00 $350.00 Printing/Mailing Cost $4,000.00 $4,000.00 Event Supplies $650.00 $650.00 Other Expenses $439.00 $439.00 Total Costs $20,851.50 $3,100.00 $23951.50 Project Budget: Cumulative Totals for both Spring and Fall 2007 Budget Category Estimated COP funds LHWMP funds TOTAL COSTS Quantity City Staff: Project Manager 460 hours $12,600.00 $12,600.00 Shops 70 hours $3,900.00 $3,900.00 Police Officer 16 hours $600.00 $600.00 Overhead(@25% of staff costs) $4,275.00 $4,275.00 Total 546 hours $16,936.00 $16,936.00 Collection/Hauling Costs Wood Waste 30 tons $400.00 $400.00 Scrap Metal 70 tons $7,050.00 $7,050.00 Appliances (incl. w/scrap metal) 100 units Tires $2,000.00 $2,000.00 Automotive Batteries 446/8tons $200.00 $200.00 Oil&Antifreeze 14 tons 6,000.00 $6,000.00 Concrete 140 tons $700.00 $700.00 Printing/Mailing Cost $8,000.00 $8,000.00 Event Supplies $1,300.00 $1,300.00 Other Expenses $878.00 $878.00 Total Costs $41,703.00 $6,200.00 $47,903.00 P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc King County Solid Waste 2007 WR/R Grant November 2,2005 Page 5 of 8 w 2. Task: ORGANICS—NATURAL YARD CARE PROGRAM a. Project Manager: Spencer Orman, Solid Waste Education Specialist Phone: 425-430-7397 Email: sorman@ci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2007—December 31, 2007 d. Goal: To increase residential awareness of yard care management strategies that improves the health of the landscape while decreasing reliance on the City's curbside yard waste collection program. e. Program/Project Specifics 1) Background/History: In 1995 and 1996 the City implemented a residential compost program targeting food waste. This program was successful in recruiting and teaching 250 residents in the proper methods of composting food waste with worm bins. An extensive evaluation of the program was conducted and indicated that the majority of the participants were successful in harvesting compost from their bins. Although the program was successful and fun to manage, staff realized how intensive worm bins can be for many residents. Staff also recognized that the amount of diversion realized from the program was small and that achievement of a higher diversion (from curbside) might only be realized by concentrating efforts to educate residents of the merits and methods of backyard, yard waste composting. In 1997 the City began educating residents on yard waste composting and delivery of backyard compost bins. In 2001, the City conducted a Natural Lawn care pilot program in the Kennydale neighborhood. Working with the residents, the City conducted 4 workshops in resident's homes, targeting specific messages to encourage residents to manage their lawns in an ecologically friendly manner. Workshops concentrated on grasscycling, backyard& food waste composting, water conservation, and organic fertilization. Specific tools were provided to aid residents in their efforts to change their behaviors. Through 2005 the City continued with this program in two distinct neighborhoods and broadened the message to incorporate natural "yard" care strategies similar to the 2001 pilot. Program Project Description The City will continue to offer 4 seasonal Natural Yard Care workshops to the general public as initiated in 2006. Information offered in the 2007 workshops may be expanded to cover topics not covered in 2006. Information gained from the City's research of English language learner landscape/garden professionals will be used to develop strategies to educate and promote Natural Yard care management strategies to these businesses. As in 2006,the City will make an effort to collaborate with others in the region with similar goals. 2) Deliverables: • 4 Seasonal Natural Yard Care workshops • Natural Yard Care Education & Outreach to English language learner landscape/garden 4immir professionals. P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc lung Lounty Solid Waste 2007 WPJR Grant November 2,2005 Page 6 of 8 3) Expected Outcomes/Impacts: , • Increase in Natural Yard Care strategies used by English language learner landscape/garden professionals. • Increase in Natural Yard Care strategies implemented by participants of Natural Yard Care workshops. 4) Evaluation: • 80% of workshop participants indicate an increase in knowledge from attending workshop 5) Budget: $10,000.00 City Staff Time &Overhead: $4,000.00 Staff Training: $ 500.00 Professional Services: $5,000.00 Supplies/tools: $ 500.00 3. Task: RENTON REUSE EVENT—REUSE IT! RENTON a. Project Manager: Linda Knight, Solid Waste Coordinator Phone: 425-430-7397 Email: lknight@ci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2007—December 31, 2007 d. Goal: To divert materials from the landfill by providing an opportunity for residents to swap materials that still have a useable life. 1) Background/History: The City recognizes that waste prevention&recycling are the top waste management strategies in the solid waste hierarchy.The City's past residential programs have emphasized general education as well as behavior change programs including: backyard composting workshops, natural yard care workshops, waste reduction pledge programs, and general recycling outreach. 2) Program Project Description: Under this task staff will plan and implement a one-day reuse event. The event will be held at a central location in the City. It will provide an opportunity for residents of the greater Renton community including unincorporated King County residents to exchange materials that still have some useful life,but are no longer of value to the original owner. Residents will be able to drop off furniture, toys,household goods, sports equipment, doors, windows, and other materials approved by Renton staff. Residents may also come to the event to take home materials others have dropped off. Materials not claimed by the end of the event will be recycled or land filled. Residents will be notified of this event through a direct mail campaign (using the same mail list as the Special Recycling events),ads placed in the local newspaper, and the City's website. Volunteers and city staff will staff the event. P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc King County Solid Waste 2007 WRJR Grant November 2,2005 Page 7 of 8 3)%taw • ReUse It! Renton,reuse exchange event 4) Expected Outcomes/Impacts: • Divert useful materials from the landfill 5) Evaluation: • Estimate of volume of materials diverted from landfill • Estimate of participants 6) Budget: $29,160.00 City Staff Time $ 5,000.00 Professional Services, Printing& Distribution $24,160.00 4. Task: SUSTAINABLE COLLECTION PILOT a. Project Manager: Linda Knight, Solid Waste Coordinator Phone: 425-430-7397 Email: lknight@ci.renton.wa.us b. Consultant: None c. Schedule: April 2007—December 31, 2007 d. Goal: To Test Every other Week Collection of Garbage, Recycling, and Yard & Food Scraps 1) Background/History: 2) The City's existing solid waste collection system is based upon weekly collection of three streams of materials including: source-separated recyclables, yard waste, and garbage. The City's current contract is set to expire in 2009. With this in mind, the City is interested in providing a broader array of collection opportunities while increasing the sustainability of its collection program through reduced collection, and efficiency measures such as semi-automated or automated collection of materials. 3) Program Project Description: The Sustainable Collection Pilot is a collaborative project between King County Solid Waste Division, Renton Solid Waste Utility, Public Health-Seattle & King County, and Waste Management. The Pilot description is presented here as attachment A. 4) Deliverables: Every Other Week collection of All-in-One Container Recyclables, Yard waste&Food Scraps, and Garbage. A full report of the Pilot will be included with the Final Grant Report and Reimbursement Request. 5) Expected Outcomes/Impacts: • The City will experience an increase in its Recycling and Yard Waste & Food Scraps Diversion Rates • The City and County will learn about public acceptance of Every Other Week collection *we systems P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc • King County Solid Waste 2007 WR/R Grant November 2,2005 Page 8 of 8 7) Evaluation: • See Project Description (attached) 8) Budget: $25,000.00 City Staff Time $12,000.00 Supplies $ 11,000.00 Printing &Distribution $ 2,000.00 P:\SWPublic\KSC_Public\RES\WRR Grant Info\2006-2007 Grant\Final Scopes\renton 2007 scope-revised.doc CITY OF RENTON, WASHINGTON wrr RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT TO THE KING COUNTY WASTE REDUCTION & RECYCLING GRANT INTERLOCAL AGREEMENT, WHICH PROVIDES FOR $105,863 IN FUNDING TO IMPLEMENT SPECIAL RECYCLING EVENTS, THE NATURAL YARD CARE PROGRAM, REUSE IT! RENTON, AND AMENDS THE SUSTAINABLE COLLECTION PILOT. WHEREAS, the City of Renton is a participant in the King County Comprehensive Solid Waste Management Plan; and WHEREAS, King County Solid Waste Division (KCSWD) established a waste reduction and recycling grant program for cities that operate under the King County Comprehensive Solid Waste Management Plan. This grant provides funding to further the development and www enhancement of local waste reduction and recycling projects and for broader resource and conservation projects that integrate with waste reduction and recycling programs; and WHEREAS, in an effort to reduce unnecessary paperwork and staff time, and to increase program efficiency, the County combined two former grant programs, including the City Optional Program and the WRR Program into one singular grant, now referred to as the Waste Reduction and Recycling Grant. The Waste Reduction and Recycling Grant program offers cities more flexibility in the allocation of grant dollars to projects that more closely align with cities' priorities for waste reduction/recycling and resource conservation projects; and grow 1 mativimimy RESOLUTION NO. WHEREAS, the King County Waste Reduction & Recycling Grant provides funding for the City of Renton's Special Recycling Events, Natural Yard Care Programs, ReUse It! Renton, and Sustainable Collection Pilot; and WHEREAS, the City of Renton is eligible to receive $105,863 in grant funding through King County Solid Waste Division's Waste Reduction and Recycling Grant Program for 2007; and WHEREAS, the allocation for 2007 is contingent upon approval of the King County Solid Waste Division's 2007 budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The City Council does hereby authorize the Mayor and City Clerk to execute the Amendment to the King County Waste Reduction & Recycling Grant Interlocal Agreement for 2006-2007, which provides for $105,863 in funding to implement Special Recycling Events, the Natural Yard Care program, ReUse It! Renton, and Sustainable Collection Pilot. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk vise 2 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. rrrr Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1311:11/14/07:ch 3 A777.0VED BY 1 CM?COUNCIL Date /1-19-2007 COMMITTEE OF THE WHOLE COMMITTEE REPORT November 19, 2007 ADOPTION OF THE ORDINANCES RELATED TO THE 2008 BUDGET, AS FOLLOWS: PROPERTY TAX LEVY GOLF COURSE GREEN FEES (Referred October 22, 2007 and November 5, 2007) Property Tax Levy. In lieu of a preliminary property tax worksheet from King County, an estimate for total general government property taxes of$25,750,000, is based on$500,000,000 in new construction. The County does not finalize the property tax estimate until near the end of December. In addition, the City requires a levy of $510,000 for the purpose of paying debt service on voter approved Bonds for Senior Housing. Therefore, the 2008 budget estimate, assuming new construction of$500,000,000 and property taxes of$26,260,000, is recommended. Golf Course Green Fees. The Committee recommends that certain Golf Course Green fees be increased, and to add a new"warm-up bucket"driving range fee. The Committee further recommends that the ordinances regarding these matters be presented for first reading. / �/-TIS Toni Nelson, City Council President • cc: Mike Bailey,Finance&IS Adminsitrator Linda Parks,Fiscal Services Director ArMOVED BY C:17 COUNCIL COMMITTEE OF THE WHOLE COMMITTEE REPORT Date /1"/9'2°7 November 19,2007 2007 Conditional Funding for Benson Hill Communities Annexation Costs (November 5, 2007) The Committee of the Whole recommends that: The 2007 adopted budget be amended to authorize the Police, Human Resources/Risk Management, Community Services, and Planning, Building Public Works Department to begin employment and purchasing activities related to the Benson Hill Communities annexation, conditioned on its approval by voters and the Renton City Council. Fund 2007 Budget FTE Amendment Amendment General Fund(000) $114,199 15.00 Parks Fund(001) $20,000 4.00 Equipment Repair&Replacement Fund(501) $411,500 0.00 Information Services Fund(503) $7,739 1.00 Total $553,438 19.00 Air� Toni Nelson, Council • esident cc: Mike Bailey,FIS Administrator • A! l`OV D BY -I Calf COUNCIL UTILITIES COMMITTEE Date i/-19-2 '7 COMMITTEE REPORT November 19,2007 Water Conservation Goals for Compliance with Municipal Water Law (November 5,2007) The Utilities Committee recommends concurrence in the staff recommendation to adopt the City's Water Use Efficiency Goals in compliance with the Municipal Water Law. The Water Use Efficiency Goals are: •Reduce distribution system leakage to ten percent(10%) or less by 2010. •Limit the peak day water demand at 16.5 mgd(million gallon per day)until 2015. 'Continue reduction of average annual water use by one-half percent (0.5%)per year per connection. Dan Clawson,Chair Tern Briere,Vice Chair keith, Denis W. Law,Member cc: Gregg Zimmerman,PBPW Administrator Lys Hornsby,Utility Systems Director Abdoul Gafour,Water Utility Engineering Supervisor ArmovEn BY TRANSPORTATION/AVIATION COMMITTEE Ciri COUNCHL COMMITTEE REPORT Date //-/9-•1OO7 November 19,2007 Driveway Width Regulations (Referred August 13, 2007) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to maintain current driveway width requirements and regulations within the City of Renton. These regulations are not too restrictive and provide sufficient width for all uses, including a wide range of flexibility for commercial driveway standards. No changes to the existing regulations for driveway widths are recommended at this time. 7)//Xitae. Marcie Palmer, Chair R y Corman, Vice-Chair Don Persson, Member cc: Gregg Zimmerman,PB/PW Administrator Peter Hahn,Deputy PB/PW Administrator—Transportation Neil Watts,Development Services Director Ar'MOVED BY _1 FINANCE COMMITTEE REPORT CMI COUNCIL November 19, 2007 Data it-19"W APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on November 19, 2007, claim vouchers 265983- 266536 and 3 wire transfers, totaling $3,532,407.19, and 1369 direct deposits, 272 payroll vouchers, and 2 wire transfers, totaling $4,362,398.01. Don Persson, Chair Denis Law, Vice-Chair Dan Clawson, Member , r3 l'"ffr 's BY Crit UG IL Date 11 :7 FINANCE COMMITTEE COMMITTEE REPORT November 19,2007 Assistant Fire Marshal—(Grade M26) at Step D of the Salary Schedule (Referred November 5, 2007) The Finance Committee recommends concurrence in the staff recommendation to approve the authorization to hire the Assistant Fire Marshal at Step D of the salary schedule, beginning December 1, 2007. Don Persson, Chair W )' Igtr— D is W. Law,Vice Chair Dan Clawso , ember cc: I.David Daniels,Fire Chief/Emergency Services Administrator Bob Van Home,,Deputy Fire Chief Mike Webby,HR/RM Administrator Joan Montegary,Administrative Secretary H Ar-PnOVED BY CriY COUNCIL COMMUNITY SERVICES Data //-1/9-W°7 COMMITTEE REPORT November 19, 2007 Municipal Arts Commission: Appointment of Ms. Dalia Amin (November 5,2007) The Community Services Committee recommends concurrence in Mayor Keolker's appointment of Ms. Dalia Amin to the Municipal Arts Commission for a term,, expiring December 31, 2010(previously held by Renne Saling). andy Co , Chair Marcie Palmer,.Vice Chair Terri Briere,Member ailepprzel //-/9' ZOO 7 CITY OF RENTON, WASHINGTON RESOLUTION NO. S 9« A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ZETTERBERG, FILE NO. LUA-07- 058FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS,the City Council has determine that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, school grounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS,the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION H. The final plat is hereby approved pertaining to the following described real estate, to wit: 1 RESOLUTION NO. See Exhibit it"A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 1.4 acres, is located on S. 21st between Smithers Ave. S. and Talbot Rd. S.) Such plat is subject to the laws and ordinances of the City of Renton and subject to the findings, conclusions and recommendation of the Planning/Building/Public Works Department dated May 25, 2005. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1309:11/01/07:ch 2 ZETTERBERG PLAT S.E. 1/4, S.E. 1/4, SEC. 19, TWN-23N, RGE 5E, W.M. LEGAL DESCRIPTION LOTS 12 AND 13, PLAT No. 2 of RENTON CO-OPERATIVE COAL COMPANY'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS,PAGE 27, IN KING COUNTY,WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED JANUARY 25, 1974 UNDER RECORDING NUMBER 7401250193. 'S'1'N dVW AMOR \-1�3US 1S IST2 S L9t 411) soy . //- /9-i?Oo 7 CITY OF RENTON, WASHINGTON RESOLUTION NO. 397 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING THE BOEING COMPANY'S PURSUIT OF THE UNITED STATES TANKER PROGRAM. WHEREAS, Renton has been proud to be the home of The Boeing Company for over 65 years. The first commercial jet, the Boeing 707, was made in Renton, and the best selling jets in history have been assembled in Renton ever since. Renton is now home to three of the company's six business units: Boeing Commercial Airplanes, Boeing Capital, and Boeing's Shared Services Group; and WHEREAS, The Boeing Company is in a competition to win the contract for the new United States Tanker program; and WHEREAS, The Boeing Company has built more than 2,000 aerial tankers and understands the critical role refueling plays in our National Defense; and WHEREAS, the 767 airplane has a strong success record and has logged nearly 8 million flights, and carried more than 2 billion passengers; and has a schedule reliability rate of 99 percent; and WHEREAS, The Boeing Company's KC-767 Advanced Tanker will allow deployment of more tankers, the use of bases closer to where needed, put more booms in the sky, cover more refueling orbits, and the offloading of more fuel while operating from twice as many runways; and RESOLUTION NO. WHEREAS, Boeing's KC-767 Advanced Tanker program will support more than 9,000 direct and indirect jobs in Washington State and will generate more than $400 million annually; and WHEREAS, Boeing's KC-767 Advanced Tanker program supports more that 44,000 American jobs and over 300 suppliers in more than 40 States; and WHEREAS, Boeing is focused on delivering the best solution for its customers' requirements with a strong commitment to innovation and the lowest cost and risk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. That the Mayor and City Council extend their strongest support to The Boeing Company as it competes to win the United States Tanker Program contract and believe it has the in-depth experience and better product for America. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor 2 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES:1310:11/05/07:ch 3 //-/9- '°' " CITY OF RENTON, WASHINGTON RESOLUTION NO. .3 Q/' A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT TO THE KING COUNTY WASTE REDUCTION & RECYCLING GRANT INTERLOCAL AGREEMENT, WHICH PROVIDES FOR $105,863 IN FUNDING TO IMPLEMENT SPECIAL RECYCLING EVENTS, THE NATURAL YARD CARE PROGRAM, REUSE IT! RENTON, AND AMENDS THE SUSTAINABLE COLLECTION PILOT. WHEREAS, the City of Renton is a participant in the King County Comprehensive Solid Waste Management Plan; and WHEREAS, King County Solid Waste Division (KCSWD) established a waste reduction and recycling grant program for cities that operate under the King County Comprehensive Solid Waste Management Plan. This grant provides funding to further the development and enhancement of local waste reduction and recycling projects and for broader resource and conservation projects that integrate with waste reduction and recycling programs; and WHEREAS, in an effort to reduce unnecessary paperwork and staff time, and to increase program efficiency, the County combined two former grant programs, including the City Optional Program and the WRR Program into one singular grant, now referred to as the Waste Reduction and Recycling Grant. The Waste Reduction and Recycling Grant program offers cities more flexibility in the allocation of grant dollars to projects that more closely align with cities' priorities for waste reduction/recycling and resource conservation projects; and 1 RESOLUTION NO. WHEREAS, the King County Waste Reduction & Recycling Grant provides funding for the City of Renton's Special Recycling Events, Natural Yard Care Programs, ReUse It! Renton, and Sustainable Collection Pilot; and WHEREAS, the City of Renton is eligible to receive $105,863 in grant funding through King County Solid Waste Division's Waste Reduction and Recycling Grant Program for 2007; and WHEREAS, the allocation for 2007 is contingent upon approval of the King County Solid Waste Division's 2007 budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The City Council does hereby authorize the Mayor and City Clerk to execute the Amendment to the King County Waste Reduction & Recycling Grant Interlocal Agreement for 2006-2007, which provides for $105,863 in funding to implement Special Recycling Events, the Natural Yard Care program, ReUse It! Renton, and Sustainable Collection Pilot. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk 2 RESOLUTION NO. APPROVED BY THE MAYOR this day of 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1311:11/14/0 7:ch 3 CITY OF RENTON, WASHINGTON l"" ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2 "STORM AND SURFACE WATER" CHAPTER 4 "WATER" AND CHAPTER 5 "SEWER" OF TITLE VII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO ALLOW FOR ADJUSTMENTS TO CURRENT RATES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 2 "Storm and Surface Water" of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 8-2-2 RATE REDUCTIONS: fir.✓ G. Special Rates: 1. a. Senior and/or disabled citizens who qualified under RMC 8-4-31 C for low-income rates prior to August 1, 1994, are eligible for rates of one dollar fifty four cents ($1.54) per month for a seventy-five percent (75%) rate subsidy, or two dollars fourteen cents ($2.14) for a forty percent (40%) rate subsidy. b. Senior and/or disabled citizens who qualify under RMC 8-4-31C for low-income rates after August 1, 1994, are eligible for rates of one dollar eighty five cents ($1.85)per month for a seventy-five percent (75%)rate subsidy, or four dollars forty five cents ($4.45) for a forty percent (40%) subsidy. c. Double occupancy households who qualify under RMC 8-4-31C for low-income rates after August 1, 1994, with incomes less than King County's maximum qualifying income for a 'fir 1 ORDINANCE NO. senior citizen/disability property tax exemption will pay four dollars twenty five cents ($4.25) per month 8-2-3 DETERMINATION OF CATEGORY OF PROPERTY AND CALCULATION OF CHARGES: E. Charges For Surface Water Utility: 1. The following schedule is hereby adopted as the monthly charges to be paid to the City for surface water utility services: a Single-family dwelling $ 7.41 per unit b. Low intensity, 0.5 acre or less $18.34 per acre c. Medium intensity, 0.5 acre or less $26.53 per acre d. High intensity, 0.5 acre or less $34.21 per acre e. Low intensity, more than 0.5 acre $36.69 per acre Noid f Medium intensity, more than 0.5 acre $53.04 per acre g. High intensity, more than 0.5 acre $68.41 per acre h. Gravel pits $73.76 per acre i. City streets $18.39 per acre 2. Senior and/or disabled citizens who qualify under RMC 8-4-31B shall be eligible, upon application, for special rates as detailed in RMC 8-2-2G. SECTION II Chapter 4 "Water" of Title VIII(Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2 ORDINANCE NO. 8-4-24 FIRE PRO LECTION: 14'w A. Fees For Private Water; Fire Service: The charges for such fire protection services are hereby established as follows: 1. Fire Protection Charge: The private fire protection charge are hereby fixed in the following schedule: Meter Rate 1 inch $3.60 1 '/2 inch $4.02 2 inch $5.17 3 inch $13.65 4 inch $16.80 6 inch $24.13 "a' 8 inch $32.50 10 inch $41.93 8-4-31 CHARGESFOR METERED WATER SERVICE INSIDE CITY: A. Customer Classifications: There will be five (5) new customer classes for the water utility. They will be single family/duplex, multi-family, non-residential, private irrigation, city irrigation. B. Metered Rates: 1. The minimum rates for metered water supplied within the City in one month or fractional period thereof are hereby fixed in the following schedule: fir.► 3 ORDINANCE NO. Single family/duplex, Size of multi-family, Private irrigation, service non-residential city irrigation 3/4" $ 10.10 $ 6.08 1" $ 20.91 $ 10.85 1 1/2" $ 38.63 $ 18.52 2" $ 60.54 $ 28.37 3" $ 124.39 $ 60.05 4" $ 189.82 $ 89.30 6" $ 370.18 $ 169.13 8" $ 724.62 $ 322.50 10" $ 1,080.10 $ 476.93 12" $ 1,571.90 $ 687.26 *01 2. Commodity Rates: Three (3) consumption blocks will be established for single family and duplex customers. The size of the first block will be less than 600 cubic feet of water consumed per month. The second block will be 600 to 1,400 cubic feet of water consumed per month. The third block will be over 1,400 cubic feet of water consumed per month. The rates for these three (3)blocks are as follows: Less than 600 cubic feet $ 1.47 600— 1,400 cubic feet $1.97 Over 1,400 cubic feet $2.47 4 ORDINANCE NO. Customers that are multi-family, non-residential, private irrigation, and city irrigation Now will pay for consumption at the following rates per one hundred (100) cubic feet. Multi-family $1.90 Non-residential $2.01 Private Irrigation $3.20 City Irrigation $2.27 C. Senior Citizens And Disabled Persons: The following is hereby established for certain senior citizens and disabled persons who are economically disadvantaged as herein set forth: 1. Low-Income Seniors: A "low-income senior citizen" is defined as a person sixty one (61) years of age or older who resides in a single-family dwelling that is separately metered for water usage, either as owner, purchaser, or renter, and whose total income, including that of his or her spouse or co-tenant, does not exceed the annual income threshold for low-income rate eligibility. The annual income threshold for eligibility for low-income rate shall be adjusted each calendar year, using the Income Guidelines for King County as provided annually by the U.S. Department of Housing and Urban Development (HUD) and King County's qualifying income criteria for a senior citizen/disability property tax exemption. Any household with a disposable income of thirty percent (30%)or less of the median household income for King County will be eligible for a seventy-five percent (75%)rate subsidy. Any household with an annual disposable income less than King County's maximum qualifying income for a senior citizen/disability property tax exemption is eligible for a forty percent (40%) rate subsidy. For the calendar year 2007 those figures for a seventy five (75%)rate subsidy shall be sixteen thousand three hundred fifty dollars ($16,350) or less per annum for single occupancy and eighteen thousand seven hundred dollars ($18,700)or less per annum for double occupancy, and thirty five thousand dollars ($35,000) or Now 5 ORDINANCE NO. less per annum for a forty percent(40%) rate subsidy. For households with more than two(2) individuals qualifying under subsection C of this Section, an additional five thousand dollars ($5,000)is added to the income threshold per qualifying individual. 4. Low-Income Rates: a. For those senior citizens and disabled persons who qualified as economically disadvantaged and were on this low-income rate prior to August 1, 1994, the following rates for water service relating to such single-family dwelling in which such eligible person or persons permanently reside are as follows: (1) One dollar twenty cents ($1.20) per month for a seventy-five percent (75%) rate subsidy and two dollars sixteen cents ($2.16) for a forty percent (40%) rate subsidy, limited to nine hundred (900) cubic feet of water per month. (2) Any excess shall be charged as provided in subsections A and B of this Section. b. For those senior citizens and disabled persons who qualify as economically disadvantaged, and were on this low-income rate after August 1, 1994, the following rates for water service relating to such single-family dwelling in which such eligible person or persons permanently reside: (1) Two dollars fifty three cents ($2.53) per month for a seventy-five percent (75%)rate subsidy, limited to nine hundred (900) cubic feet of water per month, and six dollars six cents ($6.06) per month for a forty percent (40%) rate subsidy, limited to nine hundred (900) cubic feet of water per month. (2) Any excess shall be charged as provided in subsections A and B of this Section, except for those persons who qualify under home kidney dialysis. These customers are limited to one 6 ORDINANCE NO. thousand seven hundred (1,700) cubic feet of water per month before any excess is charged as provided in subsections A and B of this Section. c. For those senior citizens and disabled persons who become eligible according to the criteria in subsections Cl and C2 of this Section after the effective date hereof, the following rates for water service relating to such single-family dwelling in which such eligible person or persons permanently reside: (1) Two dollars fifty three cents ($2.53) per month, limited to nine hundred (900) cubic feet of water per months for households with income thirty percent (30%)or less of the median household income for King County; and six dollars six cents ($6.06) per month, limited to nine hundred (900) cubic feet of water per month for households with income less than King County's maximum qualifying income for a senior citizen/disability property tax exemption. (2) Any excess shall be charged as provided in subsections A and B of this Section. New 5. For those senior citizens, sixty one (61) years of age or older and/or disabled citizens, when such seniors and/or disabled citizens are not otherwise eligible for special rates as low- income seniors and/or disabled citizens, but who qualify for property tax exemption pursuant to RCW 84.36.381(5)(a) and are not residents of the City shall be exempt from the fifty percent (50%)utility surcharge applicable to those customers not residents of the City. To receive this exemption the applicant must provide the information required under subsection C3 of this Section. SECTION II Chapter 5 "Sewers" of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 7 w�► ORDINANCE NO. 8-5-15 SEWER CHARGES: Nraii A. Disposal Rates: The monthly rates and charges for sewage disposal service shall be as follows: 1. Single-Family:—Fifteen dollars fifty five cents ($15.55) 2. All Other Users: A base charge of two dollars thirty five cents ($2.35) plus one dollar seventy six cents ($1.76) per month for each one hundred (100) cubic feet of water used, but not less than fifteen dollars fifty five($15.55) per month. 3. Charges For Sewer Service Without City Water: In the event that water obtained from sources other than purchased from the City is either discharged or drained into the sewer system, users shall be charged by one of the two (2) following methods: a. For single-family residences, fifteen dollars fifty five ($15.55) per month. b. For other than single-family dwellings, the Planning/Building/Public Works Administrator shall install a water meter into such private water system at cost to property `"`"W owners, and the method of billing shall be in compliance with subsection A2 of this Section. 4.D. Additional Charges: In addition to the foregoing charges specified in this Section, the following rates shall be charged: 1. A charge of twenty-seven dollars and ninety-five cents ($27.95)per month and a rate adjustment charge of fifty-six cents ($0.56) per month payable to King County Wastewater for each single-family dwelling unit. 2. A charge of twenty-seven dollars and ninety-five cents ($27.95)per month and a rate adjustment charge of fifty-six cents ($0.56) per month payable to King County Wastewater for each seven hundred fifty (750) cubic feet, or any fraction thereof, of water used for all users other than single-family. 8 ORDINANCE NO. 3. Any additional charges hereafter imposed by King County Wastewater under the Ne"r "Industrial Cost Recovery" or "Industrial Waste Surcharge" programs required under the FWPCA(PL 92-500), Section 204, or as same may be amended hereafter, plus fifteen percent (15%)thereof as an additional charge for the City's cost of implementing such programs. 4. Senior and/or disabled citizens who qualified under RMC 8-4-31C for low-income rates prior to August 1, 1994, are eligible for the following rates: a. Twenty-seven dollars and ninety-five cents ($27.95) per month and a rate adjustment charge of fifty-six cents ($0.56) per month payable to King County Wastewater, and one dollar thirty four cents ($1.34) per month for City sewer charges for a seventy-five percent (75%) rate subsidy and two dollars fifty three cents ($2.53) per month for City sewer charges for a forty percent (40%)rate subsidy. b. Senior and/or disabled citizens who qualify under RMC 8-4-31C for low-income rates °jftw after August 1, 1994, are eligible for the following rates: (1) Twenty-seven dollars and ninety-five cents ($27.95) per month and a rate adjustment charge of fifty-six cents ($0.56) per month payable to King County Wastewater, and three dollars eighty nine cents ($3.89) per month for City sewer charges for a seventy-five percent (75%)rate subsidy, and nine dollars thirty three cents($9.33)per month for City sewer charges for a forty percent (40%)rate subsidy. (2) For double occupancy households with combined income less than King County's maximum qualifying income for a senior citizen/disability property tax exemption, twenty-seven dollars ninety-five cents ($27.95) per month and a rate adjustment charge of fifty-six cents ($0.56) per month payable to King County Wastewater, and eight dollars seventy two cents ($8.72)per month for City sewer charges. 9 ORDINANCE NO. 5. For those senior citizens sixty one (61) years of age or older and/or disabled citizens, when such seniors and/or disabled citizens are not otherwise eligible for special rates as low- — income seniors and/or disabled citizens, but who qualify for property tax exemption pursuant to RCW 84.36.381(5)(a) and are not residents of the City shall be exempt from the fifty percent (50%)utility surcharge applicable to those customers not residents of the City. To receive this exemption the applicant must provide the information required under RMC 8-4-31C2 SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1406:11/05/07:ch 10 CITY OF RENTON, WASHINGTON %me ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 5241 RELATING TO THE CITY OF RENTON FISCAL YEAR 2007 ANNUAL BUDGET. WHEREAS, on December 11, 2006 the City Council adopted Ordinance 5241 approving the City of Renton's 2007 Annual Budget; and WHEREAS, the City has requested of King County that an election be held on the question of annexation of the Benson Hill Communities Annexation Area, with the election to be held on November 6, 2007; and WHEREAS, if the vote on the annexation question to be held on November 6, 2007, is affirmative, the City will take action to consider the election results and an effective date on or before '4111''' March 1, 2008; and WHEREAS, if residents in the Benson Hill Communities approve annexation, the City of Renton would be responsible for providing municipal services to the area; and WHEREAS, an annexation transition and implementation plan estimating the potential one- time and ongoing revenues and costs has been prepared to determine how the city will fund and provide services should annexation be approved; and WHEREAS, the Benson Hill Communities currently generates ongoing tax, fee and other revenue that can be used to fund municipal services should annexation be approved; and WHEREAS, the City anticipates that funding from other governments, including King County and the King County Library System may be available to offset one-time costs related to the annexation; and 1 • ORDINANCE NO. WHEREAS, certain city services require a lead time for recruitment, hiring, training and purchasing that requires 2007 funding and hiring authorization; and WHEREAS, the Police, Human Resources/Risk Management, Community Services, and Planning, Building, Public Works Departments are in need of recruiting, hiring, filling positions and incurring vehicle and equipment costs as soon as possible should the annexation be approved by voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5241 establishing the City of Renton's 2007 Annual Budget is hereby amended as follows: 1. The General Fund (Fund 000) is hereby amended to reflect the following Neigi appropriation amendments: GENERAL FUND(Fund 000) FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 53,955,289 0 Use of Prior Year Revenue 401,069 114,199 Revenues 54,356,358 114,199 EXPENDITURES FTE Addition Budget Appropriation 54,3 56,3 58 0 Human Resources/Risk Management 1 HR Analyst 7,111 Police Department 1 Deputy Chief 13,175 Police Department 12 Officers 84,634 Police Department 1 Sergeant 9,279 Ex i enditures 54 56 58 114 199 2 ORDINANCE NO. Noe 2. The Parks Fund (Fund 001) is hereby amended to reflect the following appropriation amendments: FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 12,328,390 0 Use of Prior Year Revenue 37,000 20,000 Revenues 12,365,390 20,000 EXPENDITURES FTE Addition Budget Appropriation 12,365,390 0 1 Facilities Community Services Technician 5,897 1 Parks Maintenance Community Services Worker III 5,758 Community Services 1 Secretary II 4,840 S YeHousing Repair Community Services Coordinator 3,505 Ex i enditures 12,365,390 20,000 ''it r 3. The Equipment Repair and Replacement Fund (Fund 501) is hereby amended to reflect the following appropriation amendments: EQUIPMENT REPAIR AND REPLACEMENT FUND(Fund 501) FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 3,588,900 0 Use of Prior Year Revenue 1,011,059 411,500 Revenues 4,599,959 411,500 EXPENDITURES Budget Appropriation 4,599,959 0 Vehicle Purchases 411,500 Exienditures 4 99 '59 411 500 NNW 3 ORDINANCE NO. 4. The Information Services Fund (Fund 503) is hereby amended to reflect the *40010 following appropriation amendments: INFORMATION SERVICES FUND(Fund 503) FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 3,643,191 0 Use of Prior Year Revenue 434 7,739 Revenues 3,643,625 7,739 EXPENDITURES FTE Addition Budget Appropriation 3,643,625 0 1 Senior Network Finance and Information Services Specialist 7,739 Ex enditures 3 643 625 7 739 SECTION H. A list of all individual budget adjustments and descriptions are hereby attached as Attachment A, and are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor 4 r ORDINANCE NO. Approved as to form: low Lawrence J. Warren, City Attorney Date of Publication: ORD.13 96:10/31/07:ch Name Nor 5 aiimummormy • Benson Hill Annexation Conditional Ordinance Proposed 2007 Funding and FTE Authority 1. Full Time Equivalent Positions -for hire in 2007 1 month 45% FTE Department/Position Grade 2007 Step C Total Salary w/Benefits 1.0 FIS-Senior Network Systems Specialist a24 $ 5,337 $ 5,337 $ 2,402 1.0 HR/RM-Human Resources Analyst m20 $ 4,904 $ 4,904 $ 2,207 1.0 Police-Deputy Chief m45 $ 9,086 $ 9,086 $ 4,089 12.0 Police-Patrol Officer pc60 $ 4,864 $ 58,368 $ 26,266 1.0 Police-Sergeant pc61 $ 6,399 $ 6,399 $ 2,880 1.0 Community Services-Facilities Technician a13 $ 4,067 $ 4,067 $ 1,830 1.0 Community Services-Parks Maintenance Worker III a12 $ 3,971 $ 3,971 $ 1,787 1.0 Community Services-Secretary II a07 $ 3,338 $ 3,338 $ 1,502 0.5 Community Services-Housing Repair Coordinator a20 $ 4,834 $ 2,417 $ 1,088 $ 97,887 $ 44,051 $141,938 2. Vehicles Total appropriation for Fleet Maintenance/vehicle purchase not including PBPW vehicles $100,000 4 Command/Detectives vehicles $9,000 Radios $210,000 6 patrol cars $32,500 Traffic Enforcement vehicle $40,000 Deputy Fire Marshal/Captain vehicle $40,000 Deputy Chief vehicle $25,000 Plans review vehicle $35,000 Housing repair vehicle $55,000 Senior Center bus $25,000 Code Compliance Inspector/Development Services vehicle $25,000 Assistant Building Official/Development Services vehicle $25,000 Utility Locator vehicle $621,500 Total CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V, FINANCE AND BUSINESS REGULATIONS, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" BY INCREASING CERTAIN GOLF COURSE GREEN FEES AND ADDING A DRIVING RANGE FEE. WHEREAS, the City of Renton wishes to provide to its citizens the most cost effective services possible; and WHEREAS, the City Council has adopted a policy that the golf course fees shall cover the costs of services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-1-5 of Chapter 1, Fee Schedule, of Title V, Finance and Business *we Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Green Fees: The cost of golf course green fees shall be as follows: 18 Hole/Weekday: $29.00 18 Hole/Weekend: $33.00 9 Hole/Weekday: $19.00 9 Hole/Weekend: $19.00 18 Hole Senior/Weekday: $19.00 9 Hole Senior/Weekday: $15.00 18 Hole/Junior/Weekday: $16.00 9 Hole/Junior/Weekday: $12.00 For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. ORDINANCE NO. "Weekday" shall mean the remaining four days of the week. B. Golf Cart Fees *aid 18-Hole fee: $ 24.00 9-Hole fee: $ 14.00 C. Driving Range Fees Large Bucket: $ 7.00 Small Bucket: $ 4.00 (New) Warm-up Bucket: $ 2.00 D. Lesson Fees 1/2 Hour Private: $ 40.00 1 Hour Private: $ 60.00 1/2 Hour Series Private: $140.00 1 Hour Series Private: $220.00 Group Series: $ 90.00 SECTION H. This ordinance shall be effective April 1, 2008, except that the Driving Range Fees shall be effective January 1, 2008. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1402:10/31/07:ch .1001 2 CITY OF RENTON, WASHINGTON 40160 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2008 FOR BOTH GENERAL PURPOSES AND FOR VOTER APPROVED BOND ISSUES. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2008; and WHEREAS, the City of Renton, after hearing and duly considering all relevant evidence and testimony presented, determined that, in order to discharge the expected expenses and obligations of the City and in its best interest, the City of Renton requires a regular levy in the amount of $25,750,000, which includes an increase in property tax revenue from the following sources: a) an increase from the previous year of one-percent, b) amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state- assessed property, and d) amounts authorized by law as a result of any annexations that have occurred and refunds made; and WHEREAS, the City of Renton also has a voter-approved property tax levy for Senior Housing Bonds, and the debt service requirement on those bonds is $510,000 in 2008; and WHEREAS, the City must levy this amount in order to discharge the expected expenses and obligations of the bond; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOLLOWS: ORDINANCE NO. SECTION I. The regular property tax levy is hereby authorized for the 2008Nom + levy in the amount of$25,750,000, which is a percentage increase of one percent from the previous year plus amount for new construction and annexations. SECTION II. In addition, the City of Renton requires a levy of$510,000 for the purpose of paying debt service on voter approved Bonds for Senior Housing. SECTION III. The total property tax levy for the City of Renton shall be $26,260,000. This increase is inclusive of includes revenue resulting from the following sources: addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made a) an increase from the previous year of one-percent, b) amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state-assessed property, and d) amounts authorized by law as a result of any annexations that have occurred and refunds made. SECTION IV. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to foiin: Document 1 i- ORDINANCE NO. Lawrence J. Warren, City Attorney Date of Publication: Documentl