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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, May 17, 2021 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by calling 425-430-6501 or emailing cityclerk@rentonwa.gov or jsubia@rentonwa.gov by 10 a.m. on the day of the meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) 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 providing audience comments 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. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) National Public Works Week - May 16 - 22, 2021 b) Mental Health Month - May 2021 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 10, 2021. Council Concur b) AB - 2858 Administrative Services Department recommends adoption of a resolution authorizing execution of Amendment No. 2 to the FileLocal interlocal agreement between the cities of Bellevue, Des Moines, Everett, Lake Forest Park, Seattle, and Tacoma, which extends the current cost allocation until 2024. Refer to Finance Committee c) AB - 2863 Community & Economic Development Department recommends approval of an agreement with Alexander Codd, in the amount of $5,000, to design and install a mural celebrating the rich history of athletics in Renton over the past 120 years at Liberty Park; and approval to allocate the funds for the project from the Arts & Culture Project fund. Refer to Community Services Committee d) AB - 2859 Community Services Department requests authorization to execute a restrictive covenant for the Fawcett ROFR property (part of the May Creek Greenway) acquired in 2020, which requires the parcel to be maintained as open space in perpetuity in order to receive $305,181 in King County Conservation Futures Grant funding. Refer to Finance Committee e) AB - 2860 Community Services Department requests authorization to transfer $250,000 from the Parks Impact Fees fund to the May Creek trail South fund. A contract to design and permit a new soft surface trail and bridge to connect to the existing trail on the north side of May Creek will be brought to Council for approval at a later date. Refer to Finance Committee 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) Transportation Committee: Cascade Civil Construction LLC, Agreement for the Williams/Wells Conversion Project (CAG-20-001, CO #6-21) 8. LEGISLATION 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 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 ArmondoPavoneMayor‘I4lñereas,publicworksprofessionalsfocusoninfrastructureandservicesthatarevitaltoasustainableandresilientcommunity,thepublichealth,ahighqualityoflifeandthewell-beingofthepeopleofRenton;andWhereas,suchinfrastructureandservicescouldnotbeprovidedwithoutthededicatedeffortsofpublicworksprofessionalssuchasengineers,airportprofessionals,managers,andemployeesatalllevelsofgovernmentandtheprivatesector,whoareresponsibleforrebuilding,maintaining,improvingandprotectingourcity’smobilitytransportationnetworks,pipedutilities,solidwastesystemsandotherstructuresandfacilitiesessentialforourresidents;andWhereas,itisinthepublicinterestfortheresidents,civicleadersandchildrenofRentontogainknowledgeofandtomaintainaprogressiveinterestandunderstandingoftheimportanceofpublicworksandpublicworksprogramsinourcommunity;andWhereas,2021marksthe61stannualNationalPublicWorksWeek,“StrongerTogether,”sponsoredbytheAmericanPublicWorksAssociationwhoseteamchallengesourresidentsandemployeestothinkabouttherolepublicworksplaysincreatingagreatplacetolive;1Vow,therefore,I,ArmondoPavone,MayoroftheoftheCityofRenton,doherebyproclaimMay16-22,2021asWationatPu6(icWor1QsWeek,intheCityofRenton,andIencourageallresidentstorecognizethecontributionspublicworksprofessionalsmakeeverydaytoprotectourhealth,safety,comfortandqualityoflife.Inwitnesswhereof,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis17thdayofMay2021.Armondne,MayorCityofRenton,WashingtonProctamationj,cRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.joIAGENDA ITEM #3. a) ArmondoPavoneMayorW’fiereas,oneinfiveadultsexperiencesamentalhealthprobleminanygivenyearandonein17adultsliveswithmentalillnesssuchasmajordepression,bipolardisorderorschizophrenia;and‘Wfiereas,approximatelyone-halfofchronicmentalillnessbeginsbytheageof14andthree-quartersbyage24,withlongdelays—sometimesdecades—oftenoccurringwhensymptomsfirstappearbeforeindividualsgethelp,andearlyidentificationandtreatmentcanmakeadifferenceinsuccessfulmanagementofmentalillnessandrecovery;andWfiereas,suicideisthetenthleadingcauseofdeathintheUnitedStatesandthesecondleadingcauseamongyoungadults,and90%ofpeoplewhodiebysuicidehadshownsymptomsofamentalhealthcondition,accordingtointerviewswithfamily,friendsandmedicalprofessionals;andWfiereas,mentalhealthispartofoverallhealth,soitisimportanttomaintainthatmentalhealthandlearnthesymptomsofmentalillnessinordertogethelpwhenneeded;andfrt)fiereas,publiceducationandcivicactivitiescanencouragementalhealthandhelpimprovethelivesofindividualsandfamiliesaffectedbymentalillness;‘Whereas,everyresidentcanmakeadifferenceinhelpingendthesilenceandstigmathatfortoolonghassurroundedmentalillnessanddiscouragedpeoplefromgettinghelp;9’Iow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMay2021tobegvrentat.7-feattfivLontfiintheCityofRenton,andIencourageallmembersofthecommunity,businesses,schoolsandcommunityorganizationstotakethe“stigmafreepledge”atwww.nami.org/stigmafree.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis17thdayofMay,2021.ProctamatbnArmondoPavone,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. b) EXECUTIVE DEPARTMENT M E M O R A N D U M DATE: May 17, 2021 TO: Randy Corman, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Update from the Parks and Trails Division: o Kennydale Beach Park will be closed for fence repairs between Monday, May 17 and Friday, May 21. o Boat launch permits for parking at Coulon Park can be purchased online at rentonwa.gov/boatlaunch, or call 425-430-6700 and press 8. o Remember that no dogs are allowed at Gene Coulon and Kennydale Beach Parks, and no bicycles on the pedestrian trail at Coulon Park. All other parks and trails allow dogs on six-foot leashes, or you can visit the off-leash Cedar River Dog Park at 1500 Houser Way S. o For updated information, visit rentonwa.gov/parks or contact Community Services at 425-430-6600. • Community Services Forestry Division will be continuing with informational mailings as part of the ongoing “No Tree Topping” Campaign. Letters were sent recently to some residential areas where tree topping has occurred. Letters will now be mailed to commercial properties where similar tree topping problems have been noticed. This outreach will remain an information and education campaign only – no enforcement action will be undertaken at this time. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Tuesday, May 18 through Thursday, May 20, 8:00 a.m. to 4:00 p.m. Maintenance crews will be conducting asphalt repairs along South Grady Way between Wells Avenue South and Rainier Avenue South. The westbound curb lane will be closed on Tuesday. The eastbound curb lane will be closed Wednesday and Thursday. AGENDA ITEM #4. a) Randy Corman, Council President Members of Renton City Council Page 2 of 2 May 17, 2021  Ongoing Trail Closure through May 2021. Ripley Lane North Trail closure just north of the VMAC and the trailhead going north in support the WSDOT I-405 Renton to Bellevue Widening and Express Toll Lanes Project. Questions may be directed to Justin Johnson at 425-902-7172.  Williams Avenue South and Wells Avenue South Conversion Project. Impacts to traffic will continue throughout this area between South 2nd Street and South 3rd Street. Please visit the project webpage at https://rentonwa.gov/ww for more information.  Downtown Utility Improvement Project. The Downtown Utility Improvement Project requires several roadway closures and detours between now and project completion in 2022. For more information on current upcoming road closures and traffic impacts or to sign up for email or text alerts, visit the project website at https://rentonwa.gov/duip. AGENDA ITEM #4. a) May 10, 2021 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, May 10, 2021 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: Randy Corman, Council President 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: Ruth Pérez, Council Position No. 6 MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL EXCUSE ABSENT COUNCILMEMBER RUTH PÉREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison Preeti Shridhar, Deputy Public Affairs Administrator Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Interim Administrative Services Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Vanessa Dolbee, Planning Director Ron Straka, Public Works Utility Systems Director Kim Gilman, HR Labor Manager Kristi Rowland, Organizational Development Manager AGENDA ITEM #6. a) May 10, 2021 REGULAR COUNCIL MEETING MINUTES Vangie Garcia, Transportation Planning Manager Carrie Nass, Recreation & Neighborhoods Manager Interim Chief Jon Schuldt, Police Department Administrator Commander Jeff Hardin, Police Department (All City staff attended remotely except City Clerk Seth) PROCLAMATION a) Affordable Housing Week: A proclamation by Mayor Pavone was read declaring May 10 - 17, 2021 to be Affordable Housing Week in the City of Renton, encouraging all members of the community to join in this special observation. Mayor Pavone accepted the proclamation and noted that this is an important issue for Renton. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. b) Asian American and Pacific Islander Heritage Month: A proclamation by Mayor Pavone was read declaring May 2021 to be Asian American and Pacific Islander Heritage Month in the City of Renton, encouraging all members of the community to join in this special observation. Bennyroyce Royon, from Evergreen City Ballet, accepted the proclamation with appreciation. MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. c) Older Americans Month: A proclamation by Mayor Pavone was read declaring May 2021 to be Older Americans Month in the City of Renton, encouraging all members of the community to recognize older adults and the people who support them as essential contributors to the strength of our community. Carrie Nass, Recreation & Neighborhoods Manager, accepted the proclamation with appreciation. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2021 and beyond. Items noted were: • Parking lot striping work will take place at the Renton Community Center and along the Cedar River Trail on May 11-13. For your safety, please follow directions on any posted signage. For more information, contact Community Services Parks and Trails Division at 425-430-6600. • Picnic shelters at all Renton parks remain closed until COVID-19 protocols allow for larger gatherings. In the meantime, though not reservable for exclusive use, open areas of parks and trails are available for picnicking every day. Look for updates about park amenities on the Parks and Trails webpage at rentonwa.gov/parks or call 425- 430-6600. • The City of Renton's Recreation and Neighborhoods Division is proud to announce the return of Summer Day Camps in 2021! Registration is open now, so sign up soon! Free, virtual programming also continues this week with two special features. AGENDA ITEM #6. a) May 10, 2021 REGULAR COUNCIL MEETING MINUTES • Summer Day Camps will begin on the week of June 21, 2021. For Summer 2021, we will be operating under a significantly modified capacity as well as adhering to all the current phased re-opening guidelines set by the State of Washington. • Age-Friendly Renton Virtual Talks continue Tuesday, May 11, 2-3pm. Meet the dynamic staff team behind Renton’s popular Farmers Market. For 20+ seasons, every Tuesday from June through September in downtown Renton, you’ll find fresh fruit and produce, flowers, and specialty items such as breads, honey, wine, and craft hard ciders. Learn how the staff and long-time Farmers Market volunteer team adapted for 2020 and what’s ahead for 2021, including new ideas and how to get involved. • Go Beyond the Stage on Wednesday, May 12, 7-8pm. Hear from Key to Change Founder Dr. Quinton Morris (graduate of Renton High School!), and delight in virtual performances by students. Key to Change, a 501c3 nonprofit, serves racially and economically diverse students in South King County, and focuses on providing youth with access to world-class music education, mentorship, and leadership skills that propel them to lifetime success. For more information and to register for Recreation & Neighborhoods Division programming, visit rentonwa.gov/recreation or rentonwa.gov/register. • Join Renton’s Solid Waste Utility, Republic Services, and Styro Recycle on Saturday, May 15 to recycle your scrap metal and expanded polystyrene including Styrofoam. This year’s mini-event will be held at Renton Technical College’s north parking lot, at NE 6th Place and Monroe Avenue NE. Masks are required for entry. For more information, please visit rentonwa.gov/springrecycle. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Diane Dobson, Renton, CEO of the Renton Chamber of Commerce, expressed concern about the continuing construction delays in Downtown Renton. She noted that an upcoming event had to be canceled due to safety concerns, and asked Council to do everything they can to get the project completed as soon as possible. CONSENT AGENDA Items listed on the consent agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of May 3, 2021. Council Concur. b) AB - 2856 Executive Department recommended adoption of the 2022-2027 City of Renton Business Plan. Council Concur. c) AB - 2857 Public Works Transportation Systems Division recommended approval of Change Order No. 6 to CAG-20-001, contractor Cascade Civil Construction, LLC, in the amount of $270,000, for additional sewer work related to the Williams Ave S and Wells Ave S Conversion project. Refer to Transportation (Aviation) Committee. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #6. a) May 10, 2021 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $4,868,658.78 for vouchers, 10284-10288, 391618-391628, 391638-391864; payroll benefit withholding vouchers 6554-6565, 391629-391637 and two wire transfers. 2. Payroll – total payment of $1,448,032.91 for payroll vouchers that include 565 direct deposits and 3 checks. (04/01/21-04/15/21 pay period). 3. Municipal Court vouchers 017820-017845 totaling $17,455.99 MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the requested waiver of $10,800.00 in parking garage fees for the City of Renton Farmers Market 2021 season. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the construction contract with Landscape Structures Inc. in the amount of $500,967.18 for the Liberty Park Playground Replacement. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contract. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the System Access Fund Project Agreement with Sound Transit for the obligation of $700,000 of grant funding and all subsequent agreements necessary to accomplish the South 7th Street Corridor Improvements Project. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4435: A resolution was read adopting the 2022 - 2027 Business Plan. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. AGENDA ITEM #6. a) May 10, 2021 REGULAR COUNCIL MEETING MINUTES EXECUTIVE SESSION & ADJOURNMENT MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS WITH LEGAL COUNSEL MATTERS OF PENDING LITIGATION PURSUANT TO RCW 42.30.110(1)(i), WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. TIME: 7:29 P.M. Chief Administrative Officer VanValey announced an additional 15 minutes was required. Executive Session was conducted, and no action was taken. The Council meeting adjourned when the Executive Session adjourned. Time: 8:29 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 10 May 2021 AGENDA ITEM #6. a) Council Committee Meeting Calendar May 10, 2021 May 17, 2021 Monday 3:30 PM Utilities Committee, Chair Benedetti – VIDEOCONFERENCE 1. Emerging Issues in Utilities 4:15 PM Public Safety Committee, Chair Pérez – VIDEOCONFERENCE 1. Update on 2021 Legislative Police Reform Bills 2. RFA Briefing 3. Emerging Issues in Public Safety 5:15 PM Transportation Committee, Chair McIrvin – VIDEOCONFERENCE 1. Cascade Civil Construction LLC Agreement for the Williams/Wells Conversion Project 2. Emerging Issues in Transportation 6:00 PM Committee of the Whole, Chair Corman – VIDEOCONFERENCE 1. Introduction of Judge Jessica Giner 7:00 PM Council Meeting – VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 2858 City Council Regular Meeting - 17 May 2021 SUBJECT/TITLE: Amendment to the Washington Multi-City Business and Tax Portal Agency ILA (FileLocal) RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Administrative Services Department STAFF CONTACT: Kari Roller, Interim Administrative Services Administrator EXT.: 6931 FISCAL IMPACT SUMMARY: The impact to City of Renton for 2022 will be a decrease in expenditures due to cost allocation by approximately $6,000. SUMMARY OF ACTION: Amendment to the interlocal agreement with the Washington Multi -City Business and Tax Portal Agency (FileLocal) and Cities of Bellevue, Des Moines, Everett, Lake Forest Park, Seattle, and Tacoma The Interlocal Agreement (ILA) was signed by the four found ing cities in March 2014. Under this agreement, the allocation of the Agency’s costs to the Original Principals was to be based on their 2012 historical transaction counts and was later amended to continue this allocation method to all principal cities unt il 2021. Beginning in 2022, the allocation of costs was to be based on the actual number of transactions. Because of the City of Seattle’s slower than anticipated adoption of the FileLocal portal, the principal cities request to amend the ILA again to extend the current cost allocation until 2024. Then beginning in 2025, the actual number of transactions allocation will be used. The allocation percentage for the City’s portion of the costs based on either method are not materially different. If using the historical percentage, the City’s allocation percentage is 4% versus the actual number of transactions in 2020 would be 5%. The impact to City of Renton for 2022 will be a decrease in expenditures due to cost allocation by approximately $6,000. EXHIBITS: A. Issue Paper B. Resolution (includes Amendment No. 2 as an Exhibit) STAFF RECOMMENDATION: Adopt the proposed resolution authorizing the Mayor and City Clerk to sign Amendment No. 2 to the FileLocal ILA to extend the use of historical cost allocation method. AGENDA ITEM #6. b) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:April 27, 2021 TO:Randy Corman, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Interim Administrative Services Administrator STAFF CONTACT:Nate Malone, Tax & License Manager SUBJECT:Amendment to the Washington Multi-City Business and Tax Portal Agency ILA (FileLocal) ISSUE Should the City choose to sign Amendment to the interlocal agreement with the Washington Multi-City Business and Tax Portal Agency (FileLocal) and Cities of Bellevue, Des Moines, Everett, Lake Forest Park, Seattle, and Tacoma? BACKGROUND The Interlocal Agreement (ILA) was signed by the four founding cities in March 2014. Under this agreement, the allocation of the Agency’s costs to the Original Principals was to be based on their 2012 historical transaction counts and was later amended to continue this allocation method to all principal cities until 2021. Beginning in 2022, the allocation of costs was to be based on the actual number of transactions. Because of the City of Seattle’s slower than anticipated adoption of the FileLocal portal, the principal cities request to amend the ILA again to extend the current cost allocation until 2024. Then beginning in 2025, the actual number of transactions allocation will be used. The allocation percentage for the City’s portion of the costs based on either method are not materially different. If using the historical percentage, the City’s allocation percentage is 4% versus the actual number of transactions in 2020 would be 5%. The impact to City of Renton for 2022 will be a decrease in expenditures due to cost allocation by approximately $6,000. AGENDA ITEM #6. b) RECOMMENDATION Staff recommends the Council authorize the City to sign amended agreement with FileLocal to extend the use of historical cost allocation method. AGENDA ITEM #6. b) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AMENDMENT NO. 2 TO THE WASHINGTON MULTI‐CITY BUSINESS LICENSE AND TAX PORTAL AGENCY INTERLOCAL AGREEMENT. WHEREAS, the City and the Cities of Bellevue, Des Moines, Everett, Lake Forest Park, Seattle, and Tacoma (collectively the “Parties”) are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into interlocal government cooperative agreements; and WHEREAS, the Cities of Bellevue, Everett, Seattle, and Tacoma entered into an interlocal agreement with the Washington Multi‐City Business License and Tax Portal Agency d/b/a “FileLocal,” effective March 1, 2014 (the “ILA”); and WHEREAS, Section 13.g of the ILA, providing a method for allocating costs among the participating cities for the years 2014‐2021, was amended on June 12, 2017; and WHEREAS, the City of Lake Forest Park and the City of Renton joined the ILA in 2017 and 2018, respectively, with the City of Renton joining via authority delegated by the City Council in Resolution No. 4335; and WHEREAS, the Parties desire to further amend Section 13.g of the ILA to revise how costs are allocated among the Parties during the years 2022‐2024, so that the allocation method used in years 2014‐2021 may continue to be used through 2024; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: AGENDA ITEM #6. b) RESOLUTION NO. _______ 2 SECTION I. The Mayor and City Clerk are hereby authorized to enter into Amendment No. 2 to the Washington Multi‐City Business License and Tax Portal Agency Interlocal Agreement, attached together with the Washington Multi‐City Business Tax Portal Agency Executive Board Resolution No. 2021‐01 as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2021. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2021. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1876:4/15/21 AGENDA ITEM #6. b) RESOLUTION NO. _______ 3 EXHIBIT “A” AMENDMENT NO. 2 TO THE WASHINGTON MULTI‐CITY BUSINESS LICENSE AND TAX PORTAL AGENCY INTERLOCAL AGREEMENT AGENDA ITEM #6. b) Resolution No. FL2021-01 Page 1 of 2 1 RESOLUTION NO. 2021-01 2 3 A Resolution of the Washington Multi-City 4 Business License and Tax Portal Agency 5 Executive Board regarding an Amendment of the Interlocal Agreement to Extend Use of Historical Transaction Counts. 8 9 Whereas, the Washington Multi-City Business License and Tax Portal Agency 10 (“Agency”) was originally established under the Interlocal Agreement By and Between the 11 Cities of Bellevue, Everett, Seattle, and Tacoma, dated March 1, 2014 (“Interlocal 12 Agreement”); and 13 14 Whereas, Section 13.g. of the Interlocal Agreement was amended in 2017 via 15 Resolution FL2017-04 to provide that, for the years 2014-2021, the allocation of Agency costs among the Original Principals shall generally be based on 2012 transaction counts of each Original Principal as set forth in Exhibit A to the Interlocal Agreement, and to further 16 provide that, beginning in 2022 and afterward, Agency costs shall be allocated 17 among the Original Principals based on the actual number of transactions processed 18 through the Portal for each of such city; and 19 20 Whereas, due to various city-specific factors associated with implementation of 21 the Portal in the Original Principal cities, the Original Principals have determined that 22 converting to use of actual transaction counts as the basis for allocating Agency 23 costs beginning in 2022 would be inequitable, and that continuing to use 2012 24 historical transaction counts of the Original Principals for an additional three years, 25 through 2024, would be a preferable way to allocate Agency costs; and 26 27 Whereas, Section 18.e. of the Interlocal Agreement requires that any changes to 28 the contribution responsibilities of Principal cities must be approved by the legislative 29 authorities of all Principals; AGENDA ITEM #6. b) AGENDA ITEM #6. b) Page 1 of 3 AMENDMENT NO. 2 TO THE WASHINGTON MULTI-CITY BUSINESS LICENSE AND TAX PORTAL AGENCY INTERLOCAL AGREEMENT BY AND BETWEEN THE CITIES OF BELLEVUE, EVERETT, SEATTLE, AND TACOMA This Amendment modifies that certain Washington Multi-City Business License and Tax Portal Agency Interlocal Agreement, dated March 1, 2014 (“ILA”), entered into by and between the Cities of Bellevue, Everett, Seattle, and Tacoma (collectively, the “Original Principals”), and as amended by Amendment No. 1 thereto, pursuant to FileLocal Resolution No. FL2017-04, adopted on June 12, 2017. WHEREAS, Section 13.g. of the ILA, as amended on June 12, 2017, pursuant to FileLocal Resolution No. FL2017-04, provides a method for allocating Agency costs among the Participating Cities for the years 2014-2021; and WHEREAS, the Principals (the cities of Bellevue, Des Moines, Everett, Lake Forest Park, Renton, Seattle, and Tacoma) now desire to further amend Section 13.g. of the ILA to revise how Agency costs are allocated among Participating Cities during the years 2022-2024, so that the allocation method used in years 2014-2021 may continue to be used through 2024; and WHEREAS, Section 18 of the ILA allows amendments to the ILA, and specifically allows amendments affecting the contribution responsibilities of the Principals, so long as such amendments are approved by the legislative authorities of all Principals; NOW THEREFORE, the Principals hereby agree to amend the ILA as follows: 1. Section 13.g. of the ILA is hereby amended to read as follows: g. Cost Allocation and Cost Recovery Principles. The PORTAL AGENCY budget shall be generally allocated between all Participating Cities based on the number of Transactions processed for each City on the Portal. In years 2014 through 2024, the number of Transactions for the Original Principals shall be based on 2012 historical actual pre-Portal use Transaction Counts (as set forth in Exhibit A). In years 2014 through 2021, the City Transaction Count for any other Participating City shall be based on the most recent historical data for that City prior to it joining the Portal. From and after 2022, the allocation among other Participating Cities will be determined by considering the actual number of Transactions (if the City had joined before 2022), historical tax and license information, and the experience of the Original Principals as to how quickly businesses have adopted use of the Portal since its launch. The details of the cost allocation calculation shall be set forth in the Portal Operations Policy. Nothing in this Agreement shall be construed to prohibit the Executive Board from including factors in addition to the number of City Transactions in the cost allocation formulas as between Participating Cities, so long as the primary basis for allocation remains the City Transaction count. 2. All other terms of the ILA remain in full force and effect. // AGENDA ITEM #6. b) Page 2 of 3 AGREED TO BY: City of Bellevue City of Everett City Manager Mayor Date Approved as to Form: Date Approved as to Form: City Attorney City Attorney Date City of Seattle Date City of Tacoma Mayor City Manager Date Approved as to Form: Date Approved as to Form: City Attorney City Attorney Date Date _______________________________ Finance Director _______________________________ Date Attest: _______________________________ City Clerk AGENDA ITEM #6. b) Page 3 of 3 AGREED TO BY: City of Lake Forest Park City of Renton Mayor Mayor Date Approved as to Form: Date Approved as to Form: City Attorney City Attorney Date Date City of Des Moines _______________________________ City Manager _______________________________ Date Attest as to form: ______________________________ City Attorney ______________________________ Date AGENDA ITEM #6. b) AB - 2863 City Council Regular Meeting - 17 May 2021 SUBJECT/TITLE: Mural Project at Liberty Park RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Jessie Kotarski, RMAC Staff Liaison EXT.: x7271 FISCAL IMPACT SUMMARY: $5,000 from the Arts & Culture Project fund. SUMMARY OF ACTION: In the fall of 2018, the Renton Municipal Arts Commission (RMAC) awarded a grant to artist Alexander Codd to design and install a mural downtown to celebrate the rich history of athletics in Renton over the past 120 years. Until this time, the project has remained unfinished due to complications finding a proper location for the finished piece. The mural will be installed in (3) panels on the back of the stands at Liberty Park facing Houser Way N and I-405. EXHIBITS: A. Issue Paper B. DRAFT Contract with the Artist STAFF RECOMMENDATION: Approve funding from budgeted funds currently available in the Arts & Culture Project, and approve the contract with Alexander Codd to fabricate and install the proposed mural project at Liberty Park. AGENDA ITEM #6. c) AGREEMENT WITH ALEXANDER CODD FOR MURAL PROJECT THIS AGREEMENT, dated May 5, 2021, is by and between the City of Renton (“CITY”), a Washington municipal corporation, and Alexander Codd, an individual (“ARTIST”). CITY and ARTIST are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Termination of Prior Agreement between CITY and ARTIST: In 2018, CITY and ARTIST executed an agreement with a scope similar to this Agreement. That 2018 agreement is entitled “Agreement with Alexander Codd for Mural Project,” is dated November 13, 2018, and is filed under City of Renton file number CAG-18-243 (the “2018 Agreement”). The Parties agree that performance under the 2018 Agreement is fully excused, that neither Party has any obligation to the other party under the 2018 Agreement, and that the 2018 Agreement is terminated and of no legal force or effect. 2. Background, Scope and Performance: CITY and ARTIST mutually wish to contract for ARTIST’s design and painting of a mural to celebrate the City of Renton’s athletic talent. The mural will be designed over three panels, and is more fully described in attached Exhibit A-1. (The mural is hereinafter also referred to as “ARTWORK.”) ARTIST agrees to the obligations and responsibilities regarding ARTWORK, including that its installation will be performed by others, as described in Exhibit A-1. 3. ARTIST’s Grants and Representations: A. The ARTIST certifies that (1) ARTWORK is the original work of ARTIST; (2) ARTIST owns all rights to ARTWORK and/or has obtained the right of use from any others with rights to ARTWORK; and (3) to the extent that ARTWORK contains recognizable images of particular persons, ARTIST has obtained appropriate releases. B. The ARTWORK will be installed and displayed at the sole discretion of CITY, as the owner of the intended installation location, as further described in Exhibit A-1. C. ARTIST grants to CITY a non-exclusive license to graphically and electronically reproduce ARTWORK, while on display, for any and all future publicity endeavors conducted by CITY, provided that any such reproduction is credited to ARTIST by name. CITY may use the ARTIST’s photograph, other likeness, or biography in connection with the use of ARTWORK. 4. Compensation: AGENDA ITEM #6. c) PAGE 2 OF 6 A. Amount. Total compensation to ARTIST for ARTWORK provided pursuant to this Agreement shall not exceed $5,000. Except as specifically provided herein, ARTIST shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. Other than as specified, ARTIST relinquishes the right to any financial proceeds in association with CITY’s use or reproductions of ARTWORK. B. Method of Payment. Upon completion of ARTWORK, ARTIST shall submit a voucher or invoice in a form specified by CITY. Payment shall be made by CITY and participating community organizations within thirty (30) calendar days after receipt and approval by the appropriate CITY representative of the voucher or invoice. CITY may withhold payment for work that does not meet the requirements of this Agreement. 5. Record Maintenance: ARTIST shall maintain accounts and records, which properly reflect all work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. ARTIST agrees to provide timely and complete access to and copies of any records related to this Agreement as required by CITY to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). ARTIST shall indemnify, defend, and hold harmless CITY for all costs, including attorneys’ fees, attendant to any claim or litigation related to a request made under the Washington State Public Records Act for which ARTIST has responsive records and for which ARTIST has withheld records or information contained therein, or not provided them to CITY in a timely manner. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, ARTIST shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the CITY for production. In the event ARTIST believes said records need to be protected from disclosure, it may, at ARTIST’S own expense, seek judicial protection. ARTIST shall indemnify, defend, and hold harmless the CITY for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which ARTIST has responsive records and for which ARTIST has withheld records or information contained therein, or not provided them to the CITY in a timely manner. ARTIST shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. AGENDA ITEM #6. c) PAGE 3 OF 6 7. Independent Contractor Relationship: ARTIST is retained by CITY only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between ARTIST and CITY shall be that of an independent contractor, not employee. 8. Hold Harmless: ARTIST agrees to release, indemnify, defend, and hold harmless the CITY, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of ARTIST in its performance of this Agreement or a breach of this Agreement by ARTIST, except for that portion of the claims caused by the CITY’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of ARTIST and the CITY, its officers, officials, employees and volunteers, ARTIST’s liability shall be only to the extent of ARTIST’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute ARTIST’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Hold Harmless Addendum for Art: ARTIST shall defend, indemnify, and hold harmless CITY, its officers, agents, employees, and assigns, from and against any and all damages, claims, suits, and/or actions arising from any copyright or trademark infringement. 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, ARTIST agrees as follows: ARTIST, and ARTIST’s agents, employees, representatives, and volunteers with regard to ARTWORK performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of ARTWORK or any other benefits under this Agreement, or procurement of materials or supplies. AGENDA ITEM #6. c) PAGE 4 OF 6 11. Delays: ARTIST is not responsible for delays caused by factors beyond ARTIST’s reasonable control. When such delays beyond ARTIST’s reasonable control occur, the CITY agrees ARTIST is not responsible for damages, nor shall ARTIST be deemed to be in default of the Agreement. 12. Successors and Assigns: Neither the CITY nor ARTIST shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 13. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Chip Vincent CED Administrator 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6588 cvincent@rentonwa.gov Fax: (425) 430-7300 ARTIST Alexander Codd [Contact information provided below signature line] 14. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, ARTIST agrees as follows: A. ARTIST, and ARTIST’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. AGENDA ITEM #6. c) PAGE 5 OF 6 B. ARTIST will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If ARTIST fails to comply with any of this Agreement’s non-discrimination provisions, the CITY shall have the right, at its option, to cancel the Agreement in whole or in part. D. ARTIST is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 15. Other Provisions: A. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. B. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C. Successors and Assigns. Neither CITY nor ARTIST shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. D. Conflicts. In the event of any inconsistencies between ARTIST proposals or ARTIST- prepared exhibits and this Agreement, the terms of this Agreement shall prevail. E. Governing Law, Jurisdiction, and Venue. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. F. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. AGENDA ITEM #6. c) AGENDA ITEM #6. c) Exhibit A-1 Goals and background of the project: The project is a partnership between the City of Renton (CITY) and visual artist, Alexander Codd (Artist). The Artist will create an artistic design in mural form to be installed by others on the back of the stands at Liberty Park, a property owned by CITY. The mural will face Houser Way N and be visible for I-405. The mural celebrates the history of iconic athletic figures and the faces of Renton. The proposed design captures the likenesses of local Renton citizens and celebrates the diversity and character of the community. The design speaks to the way that sports bring people together. The successes of our athletes are really the successes of the community. The proposed design celebrates these moments because they are moments that we share together. The athletes and families of athletes who have passed have all consented to the use of their likeness in the art piece. The project was met with excitement and support from these individuals, many of whom still live in the area. The proposed design features Henry Moses, Clancy Williams, Aretha Hill, David Riske, Walter Wright, Jerry Belur and Frank Reed. Obligations: Location. The mural will be painted on wooden panels and installed on the back of the stands at Liberty Park facing Houser Way N and I-405 (located at 1400 Houser Way N). The Artist will paint the mural on the panels, but the panel installation will be performed by others under a separate contract with the CITY. Timing. The Artist shall complete the mural panels as soon as reasonably practicable after receiving a written notice to proceed from CITY after this Agreement’s execution. The Artist acknowledges that CITY reserves the right to control the mural installation through a separate contractual arrangement with selected installers. The Artist acknowledges that installation of the panels is in CITY’s sole discretion. Removal. The Artist agrees that CITY has and reserves all rights to maintain, alter, remove, repair, and/or replace the mural at CITY’s discretion and for any or no reason and with or without notice to the Artist. Final Design. The final design (as indicated below) will be painted in three panels, and intended for installation on the back of the stands at Liberty Park. The three panels will measure approximately 10ft x 16ft each. It is intended that the panels will be attached to the center panels of the stands. The Artist shall use a weatherizing exterior product and clear coat varnish to the finished pieces to ensure the longevity of the panels. AGENDA ITEM #6. c) Exhibit A-1 AGENDA ITEM #6. c) AB - 2859 City Council Regular Meeting - 17 May 2021 SUBJECT/TITLE: Restrictive Covenants: Fawcett ROFR Conservation Futures Grant RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Erica Schmitz, Parks Planning Manager EXT.: x6614 FISCAL IMPACT SUMMARY: The restrictive covenant is a pre-requisite to grant reimbursement. $305,181 in revenue will be received from the King County Conservation Futures Grant. The grant revenue will be disbursed to 316.332071.020.337.00.00.000 - FAWCETT ROFR - KC CONSERVATION FUTURES to reimburse the acquisition costs. After the $305,181 reimbursement is received it will be returned to Fund 303 in a futur e budget adjustment. SUMMARY OF ACTION: In March of 2021, the City entered into an Interlocal Agreement with King County to accept a Conservation Futures Grant Award in the amount of $305,181. Before the City can apply for grant reimbursement and receive the grant funding, a restrictive covenan t must be recorded at the King County Recorder's Office for the Fawcett ROFR property acquired in 2020 as requirement of the Interlocal Agreement. The restrictive covenant is a notice that the property must be maintained as open space in perpetuity. The C ity may not change the use of the property unless the City provides equivalent lands or cash, the amount of which must be determined by a fair market value appraisal and approved by the County. EXHIBITS: A. Declaration of Restrictive Covenants B. Map of Affected Property: Fawcett ROFR STAFF RECOMMENDATION: Approve the restrictive covenant and authorize the Mayor and City Clerk to execute the restrictive covenant. AGENDA ITEM #6. d) DECLARATION OF RESTRICTIVE COVENANTS - Page 1 Upon recording return to: Ingrid Lundin Conservation Futures Program King County Department of Natural Resources & Parks 201 S. Jackson Street, Suite 5600 Seattle, WA 98104 Grantor: City of Renton, a Municipal Corporation of the State of Washington Grantee: King County, a Political Subdivision of the State of Washington Abbreviated Legal Description: LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-17-000470, AS RECORDED NOVEMBER 30, 2017 UNDER RECORDING NO. 20171130900003 Full Legal Description on: Page 3 (Exhibit A) Assessor’s Parcel Nos.: 3224059081 Declaration of Restrictive Covenants City of Renton, a Municipal Corporation of the State of Washington, is the owner of a real estate located in King County, State of Washington more particularly described in Exhibit A attached hereto and made part hereof (the “Property”). The purpose of this instrument is to place of record those certain Restrictive Covenants, which pursuant to certain grant funding sources made available to City of Renton to acquire said Property require that the property be restricted to uses in accordance with the funds used to purchase said property. Therefore the Property is hereby subject to the following Restrictive Covenants: The property herein conveyed was purchased with King County Conservation Futures Tax Levy funds and is subject to open space use restrictions and restrictions on alienation as specified in RCW §84.34.200, et seq., and King County Code §26.12.003, et seq. AGENDA ITEM #6. d) DECLARATION OF RESTRICTIVE COVENANTS - Page 2 In witness whereof City of Renton has set its hand and seal this ____ day of ___________________, 20__. City of Renton a Municipal Corporation of the State of Washington By: _____________________________ Armondo Pavone Title: Mayor ATTEST: __________________________________ Jason A. Seth, City Clerk STATE OF WASHINGTON ) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Armondo Pavone is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Mayor of City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: _____________________ ______________________________ ______________________________ Printed name Notary Public in and for the State of Washington Residing at __________________ My appointment expires _______ AGENDA ITEM #6. d) DECLARATION OF RESTRICTIVE COVENANTS - Page 3 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-17-000470, AS RECORDED NOVEMBER 30, 2017 UNDER RECORDING NO. 20171130900003, RECORDS OF King COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. AGENDA ITEM #6. d) Existing May Cree k Tra ilExisting May Cree k Tra il AcquisitionParcel322405-9081Eastrail(KingCounty)M a y C r e e kMay C r e e kGreenwayGreenway(C i t y o f R e n t o n )(C i t y o f R e n t o n ) M a y C r e e kMay C r e e kGreenwayGreenway(K i n g C o u n t y )(K i n g C o u n t y ) M a y C r e e kMay C r e e kGreenwayGreenway(C i t y o f R e n t o n )(C i t y o f R e n t o n )Lak e Was hington Planned May Cree k Trail Extension (2024) Ma y Cree k Proposed May Cree k Tra il Extens ion Lake Washington Blvd NI-405 FWYI-405 FWYData Sources: City of Renton, King County This document is a graphic representation, not guaranteedto survey accuracy, and is based on the best informationavailable as of the date shown. This map is intended forCity display purposes only. Coordinate System: NAD 1983 HARN StatePlane Washington North FIPS 4601Projection: Lambert Conformal ConicDatum: North American 1983 HARN . May Creek Greenway Fawcett ROFR Acquisition 0 280 560 840 1,120140Feet AGENDA ITEM #6. d) AB - 2860 City Council Regular Meeting - 17 May 2021 SUBJECT/TITLE: May Creek Trail South RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Erica Schmitz, Parks Planning Manager EXT.: x6614 FISCAL IMPACT SUMMARY: $250,000 from 303.000000.020.345.85.00.000 Parks Impact Fees (GMA) to 316.332074.020.594.76.63.000 May Creek Trail South Project SUMMARY OF ACTION: In March of 2021, the City entered into an Interlocal Agreement with King County to accept a Conservation Futures Grant Award in the amount of $305,181 for the Fawcett ROFR property. This grant award also provides access to the King County Healthy Lands Program to remove invasive weeds on the acquired property and adjacent properties at no cost to the City. A soft-surface trail on the South side of May Creek is programmed for 2026 in the 6 Year Capital Improvement Program (CIP), which would require signifi cant invasive weed clearing prior to construction. In order to take advantage of the current availability of the King County Healthy Lands Program, which provides no cost weed removal to the City, budgetary authority is requested to move the May Creek Trail South project forward to 2021. $250,000 is requested from Fund 303 (Parks Impact Mitigation Fund) to design and permit the new soft surface trail and a bridge to connect to the existing trail on the North side of May Creek. Fund 303 (Parks Impact Mitigation Fund) can only be used for projects that create new capacity. The proposed new May Creek Trail South would enhance both the trail offerings and trail connections in the area. The new trail section would be a soft surface trail similar in design to the existing May Creek Trail. Additional trail connections in the area include the Eastrail located across Lake Washington Blvd., and a new section of the May Creek Trail extending east from the existing trail under I-405 to Jones Ave., which is expected to be constructed in 2024 as part of the I-405 Renton to Bellevue project. EXHIBITS: A. Map of proposed May Creek Trail South STAFF RECOMMENDATION: Authorize the May Creek Trail South project for 2021 and adjust the budget accordingly. AGENDA ITEM #6. e) Existing May Cree k Tra ilExisting May Cree k Tra il AcquisitionParcel322405-9081Eastrail(KingCounty)M a y C r e e kMay C r e e kGreenwayGreenway(C i t y o f R e n t o n )(C i t y o f R e n t o n ) M a y C r e e kMay C r e e kGreenwayGreenway(K i n g C o u n t y )(K i n g C o u n t y ) M a y C r e e kMay C r e e kGreenwayGreenway(C i t y o f R e n t o n )(C i t y o f R e n t o n )Lak e Was hington Planned May Cree k Trail Extension (2024) Ma y Cree k Proposed May Cree k Tra il Extens ion Lake Washington Blvd NI-405 FWYI-405 FWYData Sources: City of Renton, King County This document is a graphic representation, not guaranteedto survey accuracy, and is based on the best informationavailable as of the date shown. This map is intended forCity display purposes only. Coordinate System: NAD 1983 HARN StatePlane Washington North FIPS 4601Projection: Lambert Conformal ConicDatum: North American 1983 HARN . May Creek Greenway Fawcett ROFR Acquisition 0 280 560 840 1,120140Feet AGENDA ITEM #6. e)