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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, June 1, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Public testimony during public hearings and audience comments will be accommodated through Zoom and by telephone, but the public is requested to sign up for such testimony by emailing cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov. Attendance by telephone is available by calling 425-430-7171 and then entering code 0033665#. For those wishing to attend by Zoom, please (1) click this link https://us02web.zoom.us/j/86329683812?pwd=WlMrMmNXQm5Tc00wYTc3N2l2bW91UT09 (Password 615947) (or copy the URL and paste into a web browser) or (2) email one of the above email addresses or call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Those testifying or providing audience comment will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. The proceedings will also be available to view live on Renton’s Channel 21, and streaming live at http://rentonwa.gov/streaming. Although it is anticipated an updated order from the Governor will prohibit physical attendance at the meeting, if such an order is not issued, a space will be made available at the Renton City Hall, 1055 S. Grady Way, Renton, WA 98057, in Council Chambers located on the 7th Floor, Room 702 for the public to attend. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) LGBTQIA+ Pride Month - June 2020 4. PUBLIC HEARING a) Moratorium on Large Residential Projects (150 or More in a Project) within the Sunset Area and Related Fee Waivers b) Soliciting Public Input for the 2021/2022 Biennial Budget 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENTS 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 18, 2020. Council Concur b) Approval of Committee of the Whole Meeting minutes of May 18, 2020. Council Concur c) AB - 2650 Community & Economic Development Department recommends adopting an ordinance authorizing collection of existing sales and use tax as authorized by SHB 1406, to be used for affordable housing purposes. Refer to Planning & Development Committee d) AB - 2653 Community Services Department recommends waiving $14,400 in parking garage fees for the 2020 Farmers Market volunteers. Refer to Finance Committee e) AB - 2654 Executive Department recommends authorizing execution of the 2020 National League of Cities (NLC) Census Grant Memorandum of Understanding (MOU) with Renton Regional Community Foundation as the fiscal agent, in order to accept $15,000 in grant funds for Census 2020 work. Council Concur 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Water Quality Grant Agreement 9. LEGISLATION Resolution: a) Resolution No. 4409 - Authorizing RCO LWCF Grant Application for Coulon Park Trestle Bridge Ordinance for first and advancement to second reading: a) Ordinance No. 5970: Voluntary Separation 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. EXECUTIVE SESSION a) To discuss with legal counsel matters related to City enforcement action and potential litigation pursuant to RCW 42.30.110(1)(i) – Approximately 60 minutes. 12. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - MEETING REMOTELY 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 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Proclamation Whereas, the month of June was designated Pride Month to honor the Stonewall Riots, and is generally recognized as the catalyst of the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+) rights movement; and Whereas, over 40 years ago the City of Seattle held its first LGBTQIA+ celebration to encourage residents to honor the history of the fight for equality, celebrate the distance come, and recognize how far there is to go; and Whereas, Washington state and King County have led the nation in protecting the civil rights of our lesbian, gay, bisexual, transgender, queer, intersex, and asexual neighbors, coworkers, friends, and family members; and Whereas, while further progress is needed, it is important to recognize and celebrate the substantial gains that have been achieved; and Whereas, the City of Renton, in partnership and communication with residents, businesses, and schools, is dedicated to building an inclusive city with opportunities for all; and Whereas, lesbian, gay, bisexual, transgender, queer, intersex, and asexual residents contribute to the cultural fabric of our community, and donate their time, talent, labor and financial resources to various community organizations; and Whereas, in solidarity with the LGBTQIA+ community, the pride flag will appear at Renton City Hall from June 15-21, 2020; Now, therefore, I, Armondo Pavone, Mayor of the City of Renton, do hereby proclaim June 2020 to be LGBTQIA+ Pride Month in the City of Renton, and I encourage all citizens to join me in this special observance and recognize the numerous contributions of LGBTQIA+ individuals in the city. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 1st day of June, 2020. ________________________________________ Armondo Pavone, Mayor City of Renton, Washington AGENDA ITEM #3. a) PUBLIC HEARING FOR MORATORIUM ON: LARGE RESIDENTIAL PROJECTS IN THE SUNSET AREA AND WAIVED FEES FOR LARGE RESIDENTIAL PROJECTS Renton City Council June 1, 2020 Presented by: Paul Hintz, Senior Planner 425-430-7436 phintz@rentonwa.gov AGENDA ITEM #4. a) BACKGROUNDBACKGROUND Emergency Ordinance 5967 was adopted on April 6, 2020 Established moratorium on the acceptance of: •Large Residential Projects (>150 units) in the Sunset Area; and •fee waivers for Large Residential Projects. State law requires a public hearing for emergency ordinances be held within 60 days of adoption Ord. 5967 will sunset on October 6, 2020 unless lifted sooner by City Council or extended pursuant to state law Emergency Ordinance 5967 was adopted on April 6, 2020 Established moratorium on the acceptance of: •Large Residential Projects (>150 units) in the Sunset Area; and •fee waivers for Large Residential Projects. State law requires a public hearing for emergency ordinances be held within 60 days of adoption Ord. 5967 will sunset on October 6, 2020 unless lifted sooner by City Council or extended pursuant to state law AGENDA ITEM #4. a) BACKGROUNDBACKGROUND Ordinance 5967 cited: The potentially substantial impacts that Large Residential Projects may have as they exceed the scope and scale of typical projects; The existing “modifications” docket item that would allow city planners to better ensure modifications to approved site plans mitigate negative impacts, where necessary, and ensure consistency with RMC; The significant investments in the Sunset Area, as well as the need for affordable and market-rate housing; The need to review best practices that support housing opportunities for a wide-range of incomes; and The need to assess the impacts of waiving fees for Large Residential Projects. Ordinance 5967 cited: The potentially substantial impacts that Large Residential Projects may have as they exceed the scope and scale of typical projects; The existing “modifications” docket item that would allow city planners to better ensure modifications to approved site plans mitigate negative impacts, where necessary, and ensure consistency with RMC; The significant investments in the Sunset Area, as well as the need for affordable and market-rate housing; The need to review best practices that support housing opportunities for a wide-range of incomes; and The need to assess the impacts of waiving fees for Large Residential Projects.AGENDA ITEM #4. a) Staff Contact: Paul Hintz, Senior Planner 425-430-7436 phintz@rentonwa.gov Tonight:Accept public testimony regarding Ordinance 5967Tonight:Accept public testimony regarding Ordinance 5967 NEXT STEPSNEXTSTEPS June 3, 2020: Planning Commission Public Hearing: •D-169: Site Plan Review (aka “modifications”) •D-173: Waived Fees •D-174: Mixed-Income Housing in the CV Zone June 17, 2020: Planning Commission Deliberations & Recommendation June 22, 2020: Planning & Development Committee Recommendation June 3, 2020: Planning Commission Public Hearing: •D-169: Site Plan Review (aka “modifications”) •D-173: Waived Fees •D-174: Mixed-Income Housing in the CV Zone June 17, 2020: Planning Commission Deliberations & Recommendation June 22, 2020: Planning & Development Committee Recommendation AGENDA ITEM #4. a) May 18, 2020 REGULAR COUNCIL MEETING MINUTES    CITY OF RENTON  MINUTES ‐ City Council Regular Meeting  7:00 PM ‐ Monday, May 18, 2020  Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way    CALL TO ORDER    Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.    ROLL CALL    Councilmembers Present:  Ruth Pérez, Council President  Randy Corman, Council Position No. 1  Angelina Benedetti, Council Position No. 2   Valerie O'Halloran, Council Position No. 3  Ryan McIrvin, Council Position No. 4  Ed Prince, Council Position No. 5  Kim‐Khánh Vǎn, Council Position No. 7  (all councilmembers attended remotely)    Councilmembers Absent:                               ADMINISTRATIVE STAFF PRESENT    Armondo Pavone, Mayor  Robert Harrison, Chief Administrative Officer  Shane Moloney, City Attorney   Jason Seth, City Clerk  Julia Medzegian, Council Liaison  Chip Vincent, Community & Economic Development Administrator  Jim Seitz, Acting Public Works Administrator  Jan Hawn, Administrative Services Administrator  Ellen Bradley‐Mak, Human Resources and Risk Management Administrator  Kelly Beymer, Community Services Administrator  Chief Ed VanValey, Police Department Administrator  Commander Charles Karlewicz, Police Department  (All City staff attended remotely except City Clerk Seth)      AGENDA ITEM #7. a) May 18, 2020 REGULAR COUNCIL MEETING MINUTES  PROCLAMATION   a) National Public Works Week:  A proclamation by Mayor Pavone was read declaring May 17 ‐  23, 2020 to be National Public Works Week in the City of Renton, encouraging all residents to  recognize the contributions public works professionals make every day to protect our health,  safety, comfort and quality of life.    MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR IN THE  PROCLAMATION. CARRIED.    ADMINISTRATIVE REPORT    Chief Administrative Officer Robert Harrison reviewed a written administrative report  summarizing the City’s recent progress towards goals and work programs adopted as part of  its business plan for 2020 and beyond. Items noted were:   The Water Utility will be hosting free virtual natural yard care classes May 19 and May  27 at 6:30 p.m. Local gardening expert Ladd Smith will teach utility customers about  water conservation in the garden, building healthy soils, attracting wildlife, and other  sustainable yard care lessons. Participants may register for the secured presentation  by emailing Limhoff@rentonwa.gov. Each participant will be emailed the required  Zoom meeting ID and password prior to the class.    Ivar’s at Gene Coulon Memorial Beach Park will reopen on June 1 for delivery and  takeout only. Hours of operation will be 11:00 a.m. to 7:30 p.m. seven days a week.    Work has begun to repair the Cedar River Trail Trestle, which spans the river just east  of Riverview Park. During construction, the Maplewood Roadside parking lot and  sections of the trail west and east of the bridge will be closed. Our parks and trails  division have marked the detour routes. These closures are in addition to the portion  of the trail from Riverview Park to Cedar River Park that was closed after flooding  February. We’re anticipating completion of the work by the end of August.   Preventative street maintenance will continue to impact traffic and result in  occasional street closures.     AUDIENCE COMMENTS     City Clerk Seth forwarded emails from John Jones, Russell Thomson, Scott Thompson,  and Steven Dragos to Council and the Administration prior to the start of the meeting.    CONSENT AGENDA  Items listed on the Consent Agenda were adopted with one motion, following the listing.   a) Approval of Council Meeting minutes of May 11, 2020. Council Concur.   b) AB ‐ 2651 Administrative Services Department recommended setting a public hearing on June  1, 2020 to solicit public input regarding the City of Renton 2021/2022 Biennial Budget. Council  Concur; setting a public hearing on June 1, 2020.    MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR TO APPROVE  THE CONSENT AGENDA, AS PRESENTED. CARRIED.        AGENDA ITEM #7. a) May 18, 2020 REGULAR COUNCIL MEETING MINUTES  UNFINISHED BUSINESS   a) Public Safety Committee Chair Benedetti presented a report concurring in the staff  recommendation to approve the Radio End User Service Level Agreement with Puget Sound  Emergency Radio Network. This will implement a new public safety radio system and will define  agencies’ roles and responsibilities. The Committee further recommended authorizing the mayor  to sign the Interlocal Agreement, the Memorandum of Understanding and the Agreement.    MOVED BY BENEDETTI, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   b) Transportation (Aviation) Committee Chair McIrvin announced that the lease with Rainier Flight  Services Amendment #1‐20 was incomplete.    MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL REMOVE THE RAINIER  FLIGHT SERVICES LEASE AMENDMENT #1‐20 REFERRAL FROM THE  TRANSPORTATION (AVIATION) COMMITTEE CALENDER UNTIL IT CAN BE RE‐ REFERRED INTO THE COMMITTEE WHEN THE LEASE IS CLOSER TO BEING  FINALIZED. CARRIED.    LEGISLATION   Resolution:   a) Resolution No. 4408:  A resolution was read authorizing and directing the Mayor and City  Clerk to sign on behalf of the City, the Puget Sound Emergency Radio Network Operator  Interlocal Cooperation Agreement.    MOVED BY BENEDETTI, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE  RESOLUTION AS READ. CARRIED.    NEW BUSINESS   Please see the attached Council Committee Meeting Calendar.    ADJOURNMENT    MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED.   TIME: 7:11 P.M.                          Jason A. Seth, MMC, City Clerk            Jason Seth, Recorder 18 May 2020   AGENDA ITEM #7. a) Council Committee Meeting Calendar May 18, 2020 May 25, 2020 Monday NO MEETINGS Memorial Day Holiday June 1, 2020 Monday CANCELLED Transportation Committee, Chair McIrvin 4:15 PM Finance Committee, Chair Prince - VIDEOCONFERENCE 1) Water Quality Grant Agreement 2) Vouchers 5:00 PM Community Services Committee, Chair Văn - VIDEOCONFERENCE 1) Farmer’s Market Update 2) Parks and Trails Update 5:45 PM Committee of the Whole, Chair Pérez – VIDEOCONFERENCE 1. Voluntary Separation Ordinance 2. SKHHP Work Program and Budget 7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE AGENDA ITEM #7. a)   May 18, 2020 COMMITTEE OF THE WHOLE MEETING MINUTES    CITY OF RENTON  MINUTES – Committee of the Whole Meeting  5:15 PM ‐ Monday, May 18, 2020  Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way    CALL TO ORDER    Council President Pérez called the Committee of the Whole meeting to order at 5:15 PM.    ROLL CALL    Councilmembers Present:  Ruth Pérez, Council President  Randy Corman, Council Position No. 1  Angelina Benedetti, Council Position No. 2   Valerie O'Halloran, Council Position No. 3  Ryan McIrvin, Council Position No. 4  Ed Prince, Council Position No. 5  Kim‐Khánh Vǎn, Council Position No. 7  (all councilmembers attended remotely)    Councilmembers Absent:                               ADMINISTRATIVE STAFF PRESENT    Armondo Pavone, Mayor  Robert Harrison, Chief Administrative Officer  Shane Moloney, City Attorney   Jason Seth, City Clerk  Julia Medzegian, Council Liaison  Chip Vincent, Community & Economic Development Administrator  Ellen Bradley‐Mak, Human Resources and Risk Management Administrator  Jan Hawn, Administrative Services Administrator  Kelly Beymer, Community Services Administrator  Wendy Rittereiser, Benefits Manager  Kelsey Ternes, Risk Manager  Chief Ed VanValey, Police Department Administrator  Commander Charles Karlewicz, Police Department  (All City staff attended remotely except City Clerk Seth)    AGENDA ITEM #7. b)   May 18, 2020 COMMITTEE OF THE WHOLE MEETING MINUTES  2019 CITY’S MEDICAL INSURANCE PLAN UPDATE   a) 2019 City’s Medical Insurance Plan Update – Benefits Manager Wendy Rittereiser provided a  briefing to Council on City employee benefits including the retirement savings plan and health  plans. She also included information regarding the impacts of the federal CARES act.    There was no action requested by Council on this topic.     LIABILITY INSURANCE FUND UPDATE   b) Liability Insurance Fund Update – Risk Manager Kelsey Ternes provided a briefing to Council  on the City’s Liability Insurance Fund. She included information about the performance of the  different funds and highlighted concerns regarding the COVID‐19 crisis.     There was no action requested by Council on this topic.    FINANCIAL POSITION AND COVID‐19 RESPONSE   c) Finance Position and COVID‐19 Response – Administrative Services Administrator Jan Hawn  provided a briefing to Council on the City’s current financial position and its response to the  COVID‐19 crisis. Ms. Hawn outlined several steps the Administration is taking to reduce the  financial impacts caused by the crisis including reducing discretionary spending, eliminating  out‐of‐state travel and trainings, implementing a Shared Work Program, and establishing a  Voluntary Separation program.     There was no action requested by Council on this topic.    EXECUTIVE SESSION AND ADJOURNMENT     MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION TO  DISCUSS ENFORCEMENT ACTION PER RCW 42.30.110(1)(i) FOR APPROXIMATELY 40  MINUTES WITH NO ACTION BEING TAKEN, AND TO ADJOURN THE COMMITTEE OF THE  WHOLE MEETING WHEN THE EXECUTIVE SESSION MEETING IS ADJOURNED. CARRIED.    Time 6:15 p.m.    The Executive Session was conducted and there was no action taken. The Committee of the  Whole meeting adjourned when the Executive Session adjourned. Time: 6:55 p.m.                        Jason A. Seth, MMC, City Clerk            Jason Seth, Recorder 18 May 2020   AGENDA ITEM #7. b) AB - 2650 City Council Regular Meeting - 01 Jun 2020 SUBJECT/TITLE: State Sales Tax Credit for Affordable Housing RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Mark Santos-Johnson, Community Development and Housing Manager EXT.: 6584 FISCAL IMPACT SUMMARY: The 2018 Department of Revenue (DOR) projection for Renton is $236,380 a year at the .0073 sta te sales tax credit level. Actual revenue based on 2019 sales tax data. SUMMARY OF ACTION: Substitute House Bill 1406 (SHB 1406) was enacted during the 2019 legislative session and is structured as a state sales tax credit of either .0073 percent or .0146 percent, available to all cities and counties. Cities and counties must approve a Resolution of Intent and subsequent legislation (an Ordinance) to authorize a sales and use tax, which is then credited against the existing state sales tax. Residents and businesses within Renton would see no increase in the tax they pay. Council adopted a Resolution of Intent to authorize the state sales and use tax credit on August 12, 2019 (RES 4386). To fully authorize the tax, Council must adopt authorizing legislation by July 28th, 2020. EXHIBITS: A. Issue Paper B. Ordinance STAFF RECOMMENDATION: Staff recommends that Council adopt an ordinance to authorize the collection of the existing sales and use tax as authorized by SHB 1406. AGENDA ITEM #7. c) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:May 21st, 2020 TO:Ruth Perez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:C.E. “Chip” Vincent, CED Administrator x6588 STAFF CONTACT:Mark Santos-Johnson, Community Development and Housing Programs Manager x7262 SUBJECT:State Sales Tax Credit for Affordable Housing ISSUE: Should Council adopt legislation to authorize the collection of the existing state sales and use tax to be used for affordable housing as authorized by SHB 1406? RECOMMENDATION: Staff recommends that Council adopt an ordinance to authorize the collection of the existing sales and use tax as authorized by SHB 1406. BACKGROUND: Legislative Background Substitute House Bill 1406 (SHB 1406) was enacted during the 2019 legislative session and committed over $500 million in state investment over the next 20 years to local governments for the construction of affordable and supportive housing units. The legislation is structured as a state sales tax credit of either .0073 percent or .0146 percent, available to all cities and counties. Cities and counties must approve a Resolution of Intent and subsequent legislation (an Ordinance) to authorize a sales and use tax, which is then credited against the existing state sales tax. Residents and businesses within Renton would see no increase in the tax they pay. The sales tax credit is available to cities and counties for up to 20 years (Section 1(12)) and must be targeted toward assisting people with incomes at or below 60 percent of the county’s area median income (AMI). It can be used toward acquiring, constructing, or rehabilitating housing, as well as supporting the maintenance and operations costs of AGENDA ITEM #7. c) Ruth Perez, Council President Page 2 of 3 May 21, 2020 new housing units. There is an annual reporting requirement regarding the use and deployment of the state sales tax credits. The legislation provides provisions allowing cities the authority to bond against future revenue, provide grants and loans of revenue to housing authorities and other nonprofits (Section 1(9)), and pool funds with other cities and/or public housing authorities (Section 1(10)). The rate of local collection (.0073 or .0146 percent) depends upon whether the local jurisdiction has gained voter approval of a “qualifying local tax.” The qualifying local tax must be one of the following: (i) 10-year property tax levy, subject to voter approval, of up to .50/$1000, under RCW 84.52.105; (ii) 1/10th of 1 percent sales tax, subject to voter approval, under RCW 82.14.530; (iii) Mental health and chemical dependency sales tax under RCW 82.14.460; or (iv) 6-year excess property tax levy, subject to voter approval, under RCW 84.55.050. An amendment to SHB 1406 (EHB 2797) was introduced and passed in the 2020 legislative session to extend the timeline to adopt a qualifying local tax to December 31, 2021. However, the bill was vetoed the governor in April due to concerns over potential fiscal impacts. Therefore, the qualifying local tax deadline remains July 28, 2020 – barring Special Session action by the Legislature. City of Renton Context The 2018 Department of Revenue (DOR) projection for Renton is $236,380 a year at the .0073 state sales tax credit level. Importantly, under SHB 1406 and going forward, the DOR projections for Renton and all other local governments are based on 2019 sales tax data. Council recognized the profound opportunity to address affordable housing needs in our community through SHB 1406 by adopting a Resolution of Intent to authorize the state sales and use tax credit on August 12, 2019 (RES 4386). NEXT STEPS: If it wishes to fully authorize the collection of the SHB 1406 states sales tax credit, Council must adopt legislation (an Ordinance) to authorize the tax by July 28th, 2020. Collection of funds begins immediately after authorization by ordinance. AGENDA ITEM #7. c) Ruth Perez, Council President Page 3 of 3 May 21, 2020 The Council has expressed interest in collaborating with the other jurisdictions participating in the South King Housing and Homelessness Partners (SKHHP) to “pool” the funds and create a SKHHP capital fund to collectively address housing needs in South King County. This legislative issue will be brought forth in the future for separate Council action. CONCLUSION: Adopting legislation to authorize the collection of the state sales tax credit will impose no tax increase on Renton residents and businesses and provide a significant and consistent funding stream to address affordable housing needs. cc: Bob Harrison, CAO Jason Seth, City Clerk Jan Hawn, ASD Administrator Cliff Long, Economic Development Director Hannah Bahnmiller, Housing Programs Manager Doug Levy, Regional/State Federal Affairs and Special Projects Consultant AGENDA ITEM #7. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING AN ADDITIONAL SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019; RCW 82.14.540), AMENDING SECTIONS 5-10-1 AND 5-10-2 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019; codified as RCW 82.14.540) (“SHB 1406”); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing and funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, the tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City median income; and WHEREAS, the City has determined that imposing the sales and use tax to address this high-priority need will provide benefit to its citizens; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of AGENDA ITEM #7. c) ORDINANCE NO. ________ 2 intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and WHEREAS, the City Council adopted Resolution 4386 on August 12, 2019 declaring its intent to authorize the maximum capacity of the tax, which meets the statutory requirement to adopt a resolution of intent within six months of the effective date of SHB 1406; and WHEREAS, the City Council has determined that it is in the best interest of the City to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Sections 5-10-1 and 5-10-2 of the Renton Municipal Code are hereby amended as set forth in Exhibit A incorporated by this reference as if fully set forth herein. All other provisions in chapter 5-10 RMC remain in effect and unchanged. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. AGENDA ITEM #7. c) ORDINANCE NO. ________ 3 SECTION III. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of _________________, 2020. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of ___________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2106:5/7/2020 AGENDA ITEM #7. c) ORDINANCE NO. ________ 4 Exhibit A: CHAPTER 10 SALES AND USE TAX SECTION: 5-10-1: Imposition Of Sales Or Use Tax 5-10-2: Rate Of Tax Imposed 5-10-3: Administration And Collection Of Tax 5-10-4: Consent To Inspection Of Records 5-10-5: Authorizing Execution Of Contract For Administration 5-10-6: Penalties 5-10-7: Tax Applicable To Natural Gas Sales 5-10-1 IMPOSITION OF SALES OR USE TAX: A. There is hereby imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.030(2), upon every taxable event, as defined in RCW 82.14.020, occurring within the City. The tax shall be imposed upon and collected from those persons from whom the State sales tax or use tax is collected pursuant to chapters 82.08 and 82.12 RCW. B. There is hereby imposed an additional sales or use tax upon every taxable event, as defined in RCW 82.14.020, occurring within the City, as authorized by RCW 82.14.540. Money collected under this subsection must be used solely, as required by RCW 82.14.540 (or as may be amended in the future), for the purpose of acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCW 71.24.385, or funding the operations and maintenance costs of new units of affordable or supportive housing. This additional sales or use tax shall expire twenty (20) years after the date on which the tax is first imposed. 5-10-2 RATE OF TAX IMPOSED: A. The rate of the tax imposed by Section Subsection 5-10-1.A of this Chapter shall be one-half of one percent (0.5%) of the selling price or value of the article used, as the case may be; provided, however, that during such period as there is in effect a sales tax or use tax imposed by King County under section 17(2), chapter 49, Laws of 1982, First Extraordinary Session, at a rate equal to or greater than the rate imposed by this Section, the County shall receive fifteen percent (15%) of the tax imposed by Section Subsection 5-10-1.A; provided further, that during such period as there is in effect a sales tax or use tax imposed by King County under section 17(2), chapter 49, Laws of 1982, First Extraordinary Session, at a rate which is less than the rate imposed by this Section, the County shall receive from the tax imposed by Section Subsection 5- AGENDA ITEM #7. c) ORDINANCE NO. ________ 5 10-1.A that amount of revenues equal to fifteen percent (15%) of the rate of the tax imposed by the County under section 17(2), chapter 49, Laws of 1982, First Extraordinary Session. B. The tax under RMC 5-10-1.B is assessed on the selling price in the case of a sales tax, or value of the article used, in the case of a use tax. The rate of such tax imposed shall be the greater of seventy-three ten-thousandths of one percent (0.0073%) or the maximum rate allowed under RCW 82.14.540 (or as may be amended in the future). 5-10-3 ADMINISTRATION AND COLLECTION OF TAX: The administration and collection of the tax imposed by this Chapter shall be in accordance with the provisions of RCW 82.14.050. 5-10-4 CONSENT TO INSPECTION OF RECORDS: The City hereby consents to the inspection of such records as are necessary to qualify the City for inspection of records by the Department of Revenue. 5-10-5 AUTHORIZING EXECUTION OF CONTRACT FOR ADMINISTRATION: The Mayor and Clerk are hereby authorized to enter into a contract with the Department of Revenue for the administration of this tax. 5-10-6 PENALTIES: Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this Section or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be penalized in accordance with RMC 1-3-1. 5-10-7 TAX APPLICABLE TO NATURAL GAS SALES: There is hereby imposed a sales or use tax upon the privilege of using natural gas or manufactured gas as a consumer. This sales and use tax shall be applicable to all natural gas used, including use of brokered natural gas. AGENDA ITEM #7. c) AB - 2653 City Council Regular Meeting - 01 Jun 2020 SUBJECT/TITLE: Fee Waiver Request for Farmer's Market 2020 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Carrie Olson, Farmer's Market Coordinator EXT.: 7214 FISCAL IMPACT SUMMARY: Total amount of fees to be waived equals $14,4000 as identified below. SUMMARY OF ACTION: Farmer’s Market (Tuesdays, June 2–September 29, 2020 - 18 dates): 200 parking passes for staff/volunteers/vendors/entertainment; from noon to 8:00 pm. Fee for 200 passes x 18 weeks at $4 ea = $14,400. EXHIBITS: A. Renton Farmer's Market Parking fees STAFF RECOMMENDATION: Approve the requested waiver of $14,400.00 in parking garage pass for Community Service Farmer's Market 2020. AGENDA ITEM #7. d) CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: Name of group: Group contact/number: Address (Street, State, Zip): Email address: Date of event: Number in party: Location/Address: Type of event: Staff contact/number: What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #7. d) AB - 2654 City Council Regular Meeting - 01 Jun 2020 SUBJECT/TITLE: 2020 National League of Cities Census Grant MOU RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive Department STAFF CONTACT: Preeti Shridhar, Deputy Public Affairs Administrator EXT.: 6569 FISCAL IMPACT SUMMARY: Amount budgeted: N/A Revenue generated: $15,000 SUMMARY OF ACTION: Renton was one of the most undercounted cities during the 2010 Census. It is crucial for the City to receive a complete and accurate count for the 2020 Census. Census results have a vital impact on our community and determine the allocation of millions of dollars. The challenges to obtain an accurate count are very high given the growing population and the diversity of our city. The 2020 National League of Cities (NLC) Grant Memorandum of Understanding (MOU) provides supplemental funding for reaching historically undercounted populations and increasing 2020 Census participation. Our strategy for the use of the grant funds includes: • Outreach services and proposed activities adjusted to accommodate restrictions due to COVID-19 and the coronavirus pandemic • Census marketing through social media and ethnic community media • Comprehensive outreach, education and awareness including resources for overall coordination and management of our census efforts The Renton Regional Community Foundation is the fiscal agent for the NLC grant. They will provide direct payment for expenses through the fund account. The City is not required to match the grant amount. EXHIBITS: A. Census Grant MOU between NLC and the City of Renton STAFF RECOMMENDATION: Authorize the City to execute the 2020 NLC Census Grant MOUwith Renton Regional Community Foundation as the fiscal agent for the grant. AGENDA ITEM #7. e) Memorandum of Understanding (MOU): National League of Cities’ Census Rapid Response Grant Between National League of Cities and CITY OF RENTON Preeti Shridhar Deputy Administrator City of Renton 1105 South Grady Way Renton, WA 98057 Dear Preeti Shridhar, Congratulations on your award! The National League of Cities’ (NLC) Census Rapid Response Grant program is pleased to provide a grant of $15,000 to the City of Renton to support your proposed plans for 2020 census outreach to historically undercounted and hard-to-count communities. By accepting this grant, you agree to: 1)utilize the funds to directly support 2020 census engagement and outreach activities, including but not limited to proposed activities adjusted to accommodate restrictions due to COVID-19 and the coronavirus pandemic (for the purposes of this MOU, the attached original proposal PDF shall serve as a reference document for originally targeted communities and engagement goals); and, 2)by October 31, 2020, or any extended census operations date announced by the U.S. Census Bureau, fulfill the below deliverables of this grant, including but not limited to: o Publish at least three (3) social media posts (with images) of activities funded with this grant, using the hashtag #CensusRapidResponseNLC; o Participate in 1-3 progress calls with NLC staff to apprise us of implementation progress, including anecdotal successes, setbacks or unexpected challenges, and staffing changes; o Respond to a short survey report that NLC will provide about what you did with the grant funds and adjustments made to your proposed activities; and, o Spend all funds or return to NLC any remaining unused funds. DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 2 Upon receipt of this MOU and any other required documents, NLC will disburse all funds in a single payment via direct deposit. Funds can be expected to arrive within 7-10 business days after we receive all required documents. Note, please confirm receipt of funds. If you have any questions or would like more information, please contact Miki Noguchi, Cities Count Program Manager, at censusrapidresponse@nlc.org. Sincerely, Brooks Rainwater Director, Center for City Solutions National League of Cities Attachments: MOU Receipt Statement Original proposal (email submission) – PDF DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 3 Memorandum of Understanding (MOU): National League of Cities’ Census Rapid Response Grant, Between National League of Cities and RENTON REGIONAL COMMUNITY FOUNDATION MOU RECEIPT STATEMENT By signing this document, I acknowledge that I have read and agreed to the grant provisions set forth in this letter for the National League of Cities’ Census Rapid Response Grant Program. CITY OF RENTON ______________________________________________ ___________________ Signature Date ______________________________________________ Municipality NLC Agreement ______________________________________________ ___________________ Signature Date Brooks Rainwater Director, Center for City Solutions National League of Cities DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E ______________________________________________ Name – Authorized Signature Chief Administrative Officer ______________________________________________ Title City of Renton Robert Harrison AGENDA ITEM #7. e) 1 Alejandro Manzanares From:burst@emailmeform.com on behalf of EmailMeForm <burst@emailmeform.com> Sent:Friday, March 13, 2020 8:10 PM To:Census Rapid Response Subject:Census Rapid Response Grant Proposal Application: Renton Attachments:18409711; 18409712 Name - Primary Point of Contact*: LeAnne Moss Title of Primary Point of Contact*: Executive Director Email - Primary Point of Contact*: lmoss@rentonfoundation.org Phone - Primary Point of Contact*: 425-282-5199 Name of Primary Applicant Organization, including department, if applicable.*: Renton Regional Community Foundation Organization Web Site : http://www.rentonfoundation.org Organization Address*: 1119 Bronson Way North Renton, WA 98057 United States Type of Organization *: Non-profit organization Name - Secondary Point of Contact: Preeti Shridhar Title of Secondary Point of Contact: Deputy Administrator Email - Secondary Point of Contact: PShridhar@Rentonwa.gov Phone - Secondary Point of Contact: 425-430-6569 DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 2 Name of Secondary Applicant Organization : City of Renton Organization Web Site : www.rentonwa.gov Organization Address: 1105 South Grady Way Renton, WA 98057 United States Type of Organization : City government How did you hear about the Census Rapid Response Grant program?*: Councilmember Valerie O'Halloran If referred by another grantee, include name of person, organization name, and city/jurisdiction. : Name of City, Jurisdiction, or Region grant will apply toward*: Renton State or Territory*: Washington, Population size of your area*: Large (100,000-300,000) Tell us about the size and area your activities will cover. For example: 10 block neighborhood in the South Bronx; a Springfield branch library that serves 1000 people a week; all the kids in a town of 2000 people. *: Renton was one of the lowest count cities 2010 and three neighborhoods were among the lowest count in the nation; Highlands, Benson and Talbot Hill. These neighborhoods are culturally, ethnically, racially and linguistically diverse Our focus will be in these neighborhoods and surrounding areas.. Tell us about your organization's relationship with this area. *: Renton's track record of working with community partners in furthering inclusion and equity in city services, health, safety and well-being. One of the City's five goals is “Building an inclusive informed city with opportunities for all.” Partnering with the diverse community partners is a norm. DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 3 The PRIMARY focus of this activity is to reach:*: Racial and/or ethnic minorities The SECONDARY focus of this activity is to reach:*: Non-English speakers The THIRD focus of this activity is to reach:*: Low-income households Why have you chosen to focus on this/these groups in your area?*: These group make up the neighborhoods of lowest count in 2010 and where because of the high number of immigrants there is fear about giving information to the government. Tell us why - with more resources - your team is well- positioned to rapidly and effectively increase the count among this historically undercounted community.*: Washington is a State of Emergency due to COVID-19. Our QAC's, events, community meetings have all been cancelled. Our schools have closed. We have trained 35 trusted messengers who will begin using calls, texts and online apps to reach their community. We want to augment this with geo-matched social media advertising to reach a wider audience. City staff are already talking to social media vendors and we are ready to go with funding. Tell us about the challenge you are facing to reach historically undercounted communities in your Census 2020 GOTC efforts.*: Washington state Public Health COVID-19 guidelines prohibit gatherings so all QAC sites have been closed; churches, temples, city facilities, Senior Centers, libraries, restaurants, schools, colleges, community based organizations, etc. Fear, suspicion and false rumors connecting Census with ICE are still rampant. We still need to provide assistance with questions, language and internet access to HTC communities from trusted sources. We need to reach mergers of the HTC communities and social media regularly used by them is our best contact source at this time. Describe your proposed activity (or activities) and how you will execute it/them. Think impact, think big, think fast!*: Our revised plan of action is to expand our media and social media communication AND REACH THEM AT HOME by using targeted Facebook ads, and targeted video through Comcast Cable. Comcast has the ability to specifically target shows, timings, ethnic groups based on the profile and geographic reach of our HTC community. We will use part of our resources to create our spot to be user-friendly and approachable. We will ask our trusted messengers to shift from face-to-face contact to telephone and text contacts with people in their respective communities. We have already begun contacting ad choices and sites to obtain costs, lead times required, etc., once we receive funding we can begin immediate implementation of our campaign. Ads will be run weekly from mid-March through June 30th. What is the current status of your proposed activity?*: Already in progress DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 4 Describe your timeline for rapidly deploying and using all the grant funds. (NOTE: All funds must be used by July 31, 2020.)*: 1. Videos have been made by community partners encouraging Census participation in Somali, Tagolog, Punjabi, Hindi, English and Spanish. In a few days will film one in Vietnamese. 2. By March 27th confirm contracts for social media advertising.32. By March 30 social media advertising begins to coincide with Census Day on April 1st. 4. Ads will run weekly in various media from March 30th through June 30th. Describe any existing city, regional, or local partners you are working with on this activity. Also mention any future partners for this activity. *: Current partners include other South King County cities under-counted in 2010; Tukwila, Kent, Auburn, Federal Way, SeaTac, and Burien. Regional partners include King County and Washington State. Local partners include Centru Rendu, African Community Housing & Development, Ukrainian Community Center, Boon Boona Ethiopian Coffee, Coalition of Refugees of Communities of Color, Renton Regional Community Foundation, Renton School District, Renton Chamber, St. Vincent de Paul, King County Libraries, Renton Housing Authority, Renton Technical College, Renton Reporter, Renton Ecumenical Association of Churches, elected officials, and 35 trusted messengers from various ethnic communities. The first biggest chunk of my spending will be used for:*: TV and radio ad buys The second biggest chunk of my spending will be used for:: Social media ad buys The third biggest chunk of my spending will be used for:: Ad production How much funding are you requesting?*: $40000.00 Describe how rapidly your city or organization will be able to accept and deploy funds. Rapid = in terms of days and weeks. *: Funds will be accepted immediately by our fiscal partner, Renton Regional Community Foundation. Funds will begin to be deployed within two weeks of receipt. ALL applicants: Upload your ACH form including banking information (PDF, .doc, or .docx only).*: RRCF NLC ACH.pdf DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 5 NON-MUNICIPAL applicants: Upload your W-9 form (PDF, .doc, or .docx only).: RRCF W-9 2020.pdf Is there anything else you want to share that we didn't ask about?: City of Renton and its partners are committed to a higher Census Count than we experienced in 2010. We had a sound multi-faceted plan in place which we had begun to implement when Washington State became an epicenter for COVID-19. We already have a Census page on the city website, we have trained 35 trusted messengers who are now shifting from in-person contacts to calls, texts and chat rooms in their communities. We have produced Census videos in multiple languages, we have a vital Renton Complete Count Committee made up of community partners that is active and supportive, we have produced posters and flyers in multiple languages which are being distributed throughout the city with special emphasis for placement in our HTC communities and we have the support involvement of city elected and appointed leadership. This experience further emphasizes the need for federal funding which allows our community and others to adequately respond to an emergency of this magnitude. Our goal has not changed but we have created a second sound plan to achieve it and value your support which will support implementation. DocuSign Envelope ID: 09E71D1F-68AB-4554-A946-2EB1F5330F5E AGENDA ITEM #7. e) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR LAND AND WATER CONSERVATION FUND (“LWCF”) PROJECTS TO THE RECREATION AND CONSERVATION FUNDING BOARD AS APPROVED IN TITLE 54, U.S.C. SECTION 200305, 79A.25 RCW, WAC 286 AND OTHER APPLICABLE AUTHORITIES FOR THE GENE COULON MEMORIAL BEACH PARK TRESTLE BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Renton (the “City”) has adopted a comprehensive Parks, Recreation and Natural Areas Plan that includes reinvestment and major replacements in Gene Coulon Memorial Beach Park including the replacement of the Trestle Bridge (the “Project”); and WHEREAS, the City has adopted a Trails and Bicycle Master Plan which identifies the existing pedestrian trail of which the Trestle Bridge is a critical component and identifies Gene Coulon Memorial Beach Park as an asset and destination; and WHEREAS, under provisions of the LWCF program, state grant assistance is requested by the City to aid in financing the cost of facility redevelopment; and WHEREAS, the City considers it to be in the best public interest to complete the project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City intends to apply for funding assistance managed by the Recreation and Conservation Office (“RCO” or the “Office”) for the above “Project.” AGENDA ITEM # 9. a) RESOLUTION NO. ________ 2 SECTION II. The City authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Parks Planning Manager Project contact (day-to-day administering of the grant and communicating with the RCO) Parks Planning Manager RCO Grant Agreement (Agreement) Mayor Agreement amendments Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Mayor The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. The City shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION III. The City has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if the City’s representative/agent AGENDA ITEM # 9. a) RESOLUTION NO. ________ 3 enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION IV. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on the part of the City. SECTION VI. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of the City. SECTION VII. The City further understands that prior to the City’s authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City’s authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City’s authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City’s authorization. SECTION VIII. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. AGENDA ITEM # 9. a) RESOLUTION NO. ________ 4 SECTION IX. If match is required for the grant, the City understands that the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. SECTION X. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incurs grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION XI. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. SECTION XII. This resolution/authorization is deemed to be part of the formal grant application to the RCO. SECTION XIII. The City warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit it to the warranties, certifications, promises and obligations set forth herein. AGENDA ITEM # 9. a) RESOLUTION NO. ________ 5 PASSED BY THE CITY COUNCIL this _______day of _________________, 2020. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of ________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES:1845:5/4/2020 AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A VOLUNTARY SEPARATION INCENTIVE PROGRAM, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City is offering a voluntary separation incentive program to help address projected budget shortfalls; and WHEREAS, the City deems it in is the City's best interest to provide an incentive for employees to voluntarily separate from the City; and WHEREAS, the purpose of a voluntary separation incentive program is to reduce compensation costs and full-time employee levels, as well as to facilitate redeployment, reorganization, and other efforts to make more efficient and effective use of the City's limited resources; and WHEREAS, the need to reduce compensation costs and incur the costs of providing an incentive program is necessitated by the impacts of the COVID-19 pandemic, for which the Mayor declared an emergency on March 5, 2020; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City Council hereby establishes a voluntary separation incentive program (the “Program”) for regular full-time and regular part-time City employees who have worked for the City for at least two (2) consecutive years as of the Date of Separation. “Date of Separation” is defined as the final day of an employee’s employment with the City, as specified in a voluntary Separation and Release Agreement (“Separation Agreement”) approved by the City AGENDA ITEM # 9. a) ORDINANCE NO. ________ 2 Attorney and signed by the employee, the City, and the applicable labor union (if any). To be eligible for the Program, the Date of Separation must be no later than August 31, 2020 unless a later date is required by the Mayor or designee to maintain critical City services. SECTION II. The Program consists of the following provisions: A. Participation in the Program shall not be based on protected class status, protected activity, or other unlawful factors. B. Participation in the Program is voluntary. Employees applying to participate in the Program shall acknowledge in writing that their decision to participate is voluntary. The Program is designed to create budget savings through expedited voluntary attrition. Mandatory layoffs are not imminent nor threatened, making participants’ decision to resign a voluntary decision. C. Voluntary separation will be subject to all applicable terms and conditions of labor agreements in effect on the date the employee applies for voluntary separation. No employee shall have a contractual right to an incentive offered through this Program. D. If multiple applications are received for employees with the same or similar job functions in the same department for which the City approves less than all applications, the employees with the longest Service Credit with the City shall be given preference for approval. E. The Mayor or designee may deny an application to participate in the Program if he or she determines, in his or her full discretion, that the City would be unable to achieve a net budget savings while maintaining critical City services. An applicant denied participation shall have no remedy against the City for such denial. AGENDA ITEM # 9. a) ORDINANCE NO. ________ 3 F. Employees who are approved for participation in the Program will have seven (7) days from the date of being notified that their application is accepted by the City to make a final decision as to their voluntary resignation and provide the City with a binding final Date of Separation that is no later than August 31, 2020. To enable the City to plan for the impacts of the vacancy, this decision to resign shall be non-revocable unless otherwise agreed by the Mayor or designee. G. Employees whose applications are approved and provide the City with a binding final Date of Separation will have at least forty-five (45) days to enter into a City proposed Separation Agreement from the date of being provided such agreement and applicable disclosures required by federal law. The decision to resign shall not bind the employee to enter into a Separation Agreement; however employees are not eligible to receive the severance unless they do so. No employee may sign the Separation Agreement prior to their Separation Date and each employee signing the Separation Agreement will have seven (7) days to revoke the agreement pursuant to applicable laws. H. Employees that enter into a Separation Agreement with the City and do not revoke such agreement will receive a one-time severance payment in the form of a contribution to a non-taxable VEBA (Voluntary Employees' Beneficiary Association) account. The contribution shall be equivalent to what the employee’s costs would be to continue their existing plan and levels of medical, dental, and vision insurance coverage at the current rates for eighteen (18) months calculated according to the AGENDA ITEM # 9. a) ORDINANCE NO. ________ 4 employee’s applicable cost sharing rate for COBRA (Consolidated Omnibus Budget Reconciliation Act). I. The Separation Agreement will require that participating employees who return to employment for the City in less than eighteen (18) months following the Separation Date are required to repay a prorated portion of the City’s VEBA contribution. The means and method for such repayment shall be agreed to by the City and the employee before the employee returns to the City as an employee. J. While the City acknowledges that employees choosing to participate in the Program may apply for unemployment compensation benefits following separation from the City, the City will object to such claim on the basis that separation from the City was voluntary. K. Voluntary severance payments are not considered income (average final compensation) for retirement purposes. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. AGENDA ITEM # 9. a) ORDINANCE NO. ________ 5 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2108:5/28/2020 AGENDA ITEM # 9. a)