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Home My WebLink AboutCouncil 11/23/2009AGENDA RENTON CITY COUNCIL *REVISED* REGULAR MEETING November 23, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Civil Air Patrol Week - November 29 to December 5, 2009 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 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 11/16/2009. Council concur. b. Executive Department recommends adoption of a resolution calling for the question of annexation to be placed before the voters of the Fairwood Annexation area on 8/17/2010. Refer to Committee of the Whole. c. Community and Economic Development Department recommends approval of a Master Use Agreement with the Master Builders Association of King and Snohomish Counties in order to use City rights -of -way and public properties to locate real estate sign kiosks for a period of three years. Refer to Planning and Development Committee. d. Community and Economic Development Department recommends adopting a resolution supporting the expedited state -level establishment of a Joint Underwriting Association to provide supplemental flood insurance options for Green River Valley area businesses. Council concur. (See 9.a. for resolution.) e. Finance and Information Services Department recommends approval of the 2009 final budget amendment ordinance amending expenditures in the amount of $7,420,900 for an amended total appropriation of $288,721,124. Refer to Finance Committee. # f. Community Services Department recommends approval of a agreement with the Washington State Recreation and Conservation Office to accept grant funds in the amount of $242,127.97 for the acquisition of Heritage Park, and to execute the related Deed of Right to Use Land for Public Recreation Purposes. Council Concur. (CONTINUED ON REVERSE SIDE) 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 topic may be held by the Chair if further review is necessary. # a. Committee on Committees: 2010 Council Committee Assignments b. Committee of the Whole: 2010 State Legislative Agenda; Sunset Area Community Investment Strategy c. Finance Committee: Vouchers; Wire Transfers Signatory Authority* 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Supporting the expedited establishment of the Joint Underwriting Association (See 7.d.) b. Approving wire transfers signatory authority (8.b.) Ordinances for second and final reading: a. Finding substantial need providing for property tax limit factor (1st reading 11/16/2009) b. Establishing property tax levy rate for 2010 (1st reading 11/16/2009) c. Animal license fees and regulations (1st reading 11/16/2009) d. Adopting a consolidated fee schedule and establishing 2010 fees (1st reading 11/16/2009) e. 2010 annual City of Renton budget (1st reading 11/16/2009) f. A -Frame Sign renewal fee waiver (1st reading 11/16/2009) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS November 23, 2009 Monday, 5:30 p.m. 2010 State Legislative Agenda; Sunset Area Community Investment Strategy • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... Executive/Mayor Marty Wine, x6526 Subject: Fairwood Annexation Election Exhibits: Issue Paper Resolution Recommended Action: Refer to Committee of the Whole al a: (af -- For Agenda of: November 23, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... X X Fiscal Impact: Expenditure Required... Amount Budgeted....... Transfer/Amendment....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton is facing several key milestones in the potential annexation of its major annexation areas. This resolution calls for an election on the question of the annexation of the Fairwood Potential Annexation area at the August 17, 2010 primary election; files the Notice of Intention to annex the full area with the Boundary Review Board; and authorizes the Mayor and City Clerk to take actions necessary to place Proposition 1 before the voters in 2010, including the preparation of information for a voter's pamphlet. STAFF RECOMMENDATION: Approve the resolution calling for the question of annexation to be placed before Fairwood voters on August 17, 2010. Rentonnet/agnbill/ bh ADMINISTRATIVE AND p nityof ��0�JUDICIAL SERVICES M E M O R A N D U M DATE: November 23, 2009 VIA: Denis Law, Mayor Jay Covington, Chief Administrative Officer FROM: Marty Wine, Assistant CAOV7 Alex Pietsch, CED Administrator, NR SUBJECT: Fairwood Annexation Election Resolution and Annexation Status Update The November 3, 2009 general election results will be certified on Tuesday, November 24. Assuming that current vote totals continue to show Fairwood incorporation failing, Renton will - face the question of whether to commence annexation of the Fairwood area and place the question before voters. The purpose of this memo is to update the Council on the status of major pending Renton annexation petitions, and to recommend that the City place the question of Fairwood annexation before voters in late 2010. RECOMMENDATION: Approve a resolution calling for the question of annexation to be placed before Fairwood voters on August 17, 2010. BACKGROUND SUMMARY: Status: Fairwood Potential Annexation Area Red Mill Annexation Petition. In late 2007, annexation proponents submitted and Renton accepted a petition proposing annexation of the commercial area of Fairwood using the 60% petition method. The petition for the 224-acre, 1,277 population annexation was certified after Fairwood incorporation was initiated. Per RCW 35.02.155, if annexation is proposed by petition more than 90 days after the filing of an incorporation petition that includes territory proposed for annexation, the annexation must be "held in abeyance" and may not occur unless the BRB removes the proposed territory; it rejects the incorporation; or the voters reject the proposed incorporation. Greater Fairwood Communities Petition. The City Council similarly accepted the petition to annex the remainder of Renton's potential annexation area, called the Council President Randy Corman Page 2 of 4 November 23, 2009 Greater Fairwood Communities annexation, in early 2009. As with the Red Mill petition, the question of annexing all or part of this area to the City of Renton could not be presented to voters of the Fairwood area until the question incorporation as a new city of Fairwood was resolved. The City continues to analyze the operating and capital costs and revenues associated with potential annexation. The City Council last reviewed an updated fiscal analysis of the potential annexation of Fairwood in August 2009, acknowledging that the City was keeping open the option of annexation, but faces significant fiscal challenges to provide services to Renton's remaining large annexation areas. However, with the assistance of the State sales tax credit, the City would be able to afford to provide Renton levels of municipal services without further subsidy. The City has held both Fairwood annexation petitions "in abeyance" since the Boundary Review Board returned them to the City. Renton will need to either resubmit both petitions or initiate an alternative annexation -by -resolution proposal to the Boundary Review Board by January 2010. The purpose of this timing is important. Renton needs to have commenced annexation of an area with a population greater than 10,000 in order to preserve access to the credit against the state sales tax, which is a significant funding source to assist with annexation costs, authorized by RCW 82.14.415 (sales and use tax for cities to offset municipal service costs to newly annexed areas). The Administration believes that the most prudent course of action would be to unify the entire Fairwood area annexation proposals (Red Mill and Greater Fairwood) and allow residents to decide their future governance by a public vote. Status: West Hill Potential Annexation Area Following a late-2008 petition drive by West Hill voters, Renton accepted and forwarded the petition to annex West Hill and Notice of Intent to the Boundary Review Board in August 2009. The BRB has set a hearing date for January 5, 2010. Post -hearing, the BRB's record of decision is usually issued by the next meeting a month later. When the petition is transmitted back to the City, the City Council has 30 days to indicate to King County its preference for a special election date for submitting the proposal to voters in the annexation area. (RCW 35A.14.050) Renton has requested a short delay in the West Hill annexation hearing date (no later than April 1, 2010) of the Boundary Review Board so that the Council's decision to set the election could occur after the close of the 2010 Legislative Session. The work to pursue additional funding options to pay for services in West Hill and the City's legislative agenda could make a difference between a viable vs. unaffordable annexation and that may be a factor in the Council's decision. King County staff has voiced support for the extension and is working to secure King County Executive -elect support for this minor delay. Council President Randy Corman Page 3 of 4 November 23, 2009 As noted above, the City continues to consider the fiscal impacts of annexation of West Hill. A significant difference between revenues generated in the area and the costs to provide City services exists for the West Hill potential annexation area. Even with the sales tax credit, the February 2009 fiscal analysis shows an average $4 million per year operating gap, significant one-time start-up costs and an annual capital program for parks, streets and drainage/surface water that is estimated to cost in the millions, even if it was phased. West Hill presents many opportunities and many challenges. The community has long- term residents with a strong spirit of neighborliness, commitment to youth, caring families, and rich diversity (ethnic, cultural and economic). However, neglected infrastructure, significant housing and human services needs, crime, social and public health challenges require many resources to address — more than any single organization has been able to give. This situation demands a multijurisdictional approach to secure funding and provide services focused on the area's long-term vitality and sustainability. The Administration will be actively working before the end of 2009 and during the Legislative Session to convene meetings with potential funders (including county, state, federal, private and nonprofit organizations) who can be part of a partnership to make up funding gaps related to West Hill revitalization and to make annexation possible. The spirit of this partnership is to generate the sustained commitment and investment from a wide range of supporters that could have remarkable results. West Hill's challenges demand much more than a debate about governance change and the question of annexation. A blueprint for positive change is needed to mobilize the community and support a revitalized West Hill with actions to overcome these challenges that have also been envisioned in the Skyway Solutions and the King County Equity and Social Justice Initiative efforts. Securing funding for annexation is one step, but creating a healthy and supportive place to live, shop and work in West Hill is also desired. Renton will be working to lead an effort among many partners to create a healthy and safe environment in West Hill. For example, the City is exploring potential joint grant opportunities with King County and community members to bring more public safety resources to West Hill. In addition, the City's legislative agenda may include a state -focused assistance package that helps West Hill/Skyway via operating funding assistance; addressing surface water management and drainage deficiencies; and business district revitalization — particularly involving transportation, pedestrian and beautification features, and streetscapes. Based on this concept of a multijurisdictional funding approach, Renton will know by early 2010 whether the funding picture for West Hill has improved. The Renton City Council President Randy Corman Page 4 of 4 November 23, 2009 Council's next decision regarding placing annexation of West Hill before voters in the annexation area could happen sometime between March and May 2010. If funding cannot be secured, the Council will have several options, including taking no action on the pending annexation petition, thereby allowing the proposal to die; and/or initiating annexation by resolution at some time later in 2010 when the funding can be assembled. cc: Department Administrators Annexation petition parties of record (Fairwood and West Hill) Gwen Clemens, King County King County Councilmembers Dunn and Patterson DRAFT CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CALLING FOR THE ANNEXATION, BY ELECTION, OF CONTIGUOUS UNINCORPORATED TERRITORY TO THE CITY OF RENTON AND REFERRED TO AS THE FAIRWOOD ANNEXATION; STATING THE NUMBER OF REGISTERED VOTERS RESIDING THEREIN AS NEARLY AS MAY BE; CALLING FOR AN ELECTION ON AUGUST 17, 2010, TO SUBMIT TO VOTERS OF THE TERRITORY THE PROPOSAL FOR ANNEXATION; AND AUTHORIZING THE CITY CLERK TO FILE WITH THE KING COUNTY BOUNDARY REVIEW BOARD A NOTICE OF INTENTION AS WELL AS TO FILE A CERTIFIED COPY OF THIS RESOLUTION WITH THE BOARD OF COUNTY COMMISSIONERS OF KING COUNTY AND THE KING COUNTY BOUNDARY REVIEW BOARD, AND TO TAKE THOSE ACTIONS NECESSARY TO PLACE PROPOSITION 1 BEFORE THE VOTERS, INCLUDING THE PREPARATION OF INFORMATION FOR THE VOTER'S PAMPHLET. WHEREAS, the City of Renton has, within its Potential Annexation Area, unincorporated territory commonly referred to as the Fairwood Annexation Area, consisting of approximately 4,479 acres, which area is contiguous to the corporate limits of the City; and WHEREAS, the City was presented a 60% petition to annex an area known as the Red Mill Annexation Area, but the petition was held in abeyance because of the pending incorporation vote for the City of Fairwood; and WHEREAS, the City was presented with a 10% petition to annex an area known as the Greater Fairwood Communities Annexation Area and passed Resolution 3991 calling for annexation by the election method, but the petition was also held in abeyance because of the pending incorporation vote for the City of Fairwood; and WHEREAS, the incorporation vote failed; and WHEREAS, resubmitting the petitions to present a consolidated annexation proposal could be confusing and time-consuming; and 1 0 a RESOLUTION NO. WHEREAS, the City of Renton has consistently stated that the future governance of the Fairwood area should be the choice of residents, with accurate information to make an informed decision; and WHEREAS, the state has created a sales tax credit funding mechanism for annexations of over 10,000 population to aid cities, such as Renton, with the expenses of annexing areas within their potential annexation areas; and WHEREAS, the sales tax credit mechanism, which assists the cities in covering the costs of new annexations will expire, according to its terms, for annexations not commenced before January 1, 2010; and WHEREAS, it will be financially infeasible for the City to annex the Fairwood area or any other large area without financial assistance from the state sales tax credit, or another mechanism; and WHEREAS, there is little time for the City to commence annexation of the Fairwood area before the expiration of the sales tax credit; and WHEREAS, the City is authorized to initiate annexations via election pursuant to RCW 35A.14.015; and WHEREAS, the City Council of the City of Renton, Washington, has determined that it would be in the best interests and general welfare of the City of Renton to annex the property within Renton's established Potential Annexation Area generally bounded by SE 162"d Place on the north, 128th Avenue SE on the west, SE 192"d Street on the south, and extending to east to the King County Urban Growth Boundary as legally described in Exhibit "A" attached hereto and incorporated by reference as if fully set forth; and 2 RESOLUTION NO. WHEREAS, the City Council desires to call for an election for this annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. As nearly as can be determined the number of voters residing, in the aforesaid territory is14,189. SECTION III. The City Council hereby calls for an election to be held on August 17, 2010, pursuant to Chapter 35A.14 RCW, to submit to the voters of the aforesaid territory the proposal for annexation. SECTION IV. The cost of said annexation election shall be paid by the City of Renton. SECTION V. The City Clerk shall file a certified copy of this Resolution with the Board of County Commissioners of King County, Washington and with the King County Boundary Review Board. SECTION VI. The City Clerk shall also file with the King County Boundary Review Board a Notice of Intention hereof as required by RCW 36.93.090 et seq. SECTION VII. The City Clerk is authorized and directed to take those actions necessary to place Proposition 1 before the voters in the August 17, 2010, election, for the Fairwood Annexation. SECTION VIII. The City Attorney has prepared the following ballot title for Proposition 1. The City Clerk is authorized to transmit this ballot title to King County Division of Records and Elections: 3 RESOLUTION NO. PROPOSITION 1 ANNEXATION TO THE CITY OF RENTON The Renton City Council received a petition to annex property to the City of Renton and passed a resolution calling for an election on the question. This measure would authorize annexation of that property, generally referred to as the Fairwood Annexation Area, to the City of Renton. Shall that area in unincorporated King County known as the Fairwood Annexation Area, as legally described in the above -mentioned resolution, be annexed to the City of Renton? ❑ For Annexation ❑ Against Annexation SECTION IX. The Mayor is authorized and directed to take those actions necessary to place the information regarding Proposition 1 in the August , 2010, election voter's pamphlet. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES.1353:11/10/09:scr Denis Law, Mayor 2009. 4 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Community & Economic Development Department Dept/Div/Board.. Planning Division Staff Contact...... Gerald Wasser, Associate Planner Subject: Master Use Agreement for Real Estate Sign Kiosk Program Exhibits: Issue Paper with Attachments AI #:� For Agenda of: November 23, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X Recommended Action: Approvals: Refer to Planning & Development Committee. Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Adoption of an ordinance authorizing the City to establish a Master Use Agreement with the Master Builders Association of King and Snohomish Counties to install and maintain Real Estate Kiosk Signs in City rights -of -way and on public properties. STAFF RECOMMENDATION: Adopt an ordinance authorizing the City to establish a Master Use Agreement with the Master Builders Association of King and Snohomish Counties in order to use City rights -of -way and public properties to locate real estate sign kiosks for a period of three years. Rentonnet/agnbill/ bh COMMUNITY &ECONOMIC p ^C�OM DEVELOPMENT (� ISSUE PAPER DATE: November 12, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: �C Denis Law, Mayor FROM: �'� Alex Pietsch, Administrator STAFF CONTACT: Gerald Wasser, Associate Planner SUBJECT: Master Use Agreement for the Real Estate Sign Kiosk Program ISSUE: Should the City of Renton establish a Master Use Agreement for the Real Estate Sign Kiosk Pilot Program with the Master Builders Association of King and Snohomish Counties (MBA)? RECOMMENDATION: Adopt an ordinance granting the Master Builders Association of King and Snohomish Counties a Master Use Agreement to install Real Estate Kiosk facilities within City rights - of -way and public properties within the City. BACKGROUND/SUMMARY: On September 24, 2009 the City Council adopted an ordinance amending Sections 4-1- 140 and 4-4-100 of the Renton Municipal Code to authorize the Real Estate Sign Kiosk Pilot Program. The Real Estate Sign Kiosk Program will provide a uniform wayfinding system for new residential developments. A Real Estate Sign Kiosk design has been selected to promote this uniform wayfinding system (see Attachment 1 ). This is a pilot program which will be monitored annually and evaluated for its performance by the Community & Economic Development Department. At the conclusion of the three year pilot time period, the Council will be presented with the monitoring results in order to determine the success of the program, suggested improvements and whether it should be continued. A Master Use Agreement between the City and the MBA would allow the Master Builders Association of King and Snohomish Counties to be the exclusive owners of the real estate kiosk signs. The Master Use Agreement would indemnify and hold harmless h:\ced\planning\current planning\gw\real estate kiosk signs\master use ageement issue paper.doc Master Use Agreement for the Real Estate Kiosk Sign t Program Page 2 of 2 November 12, 2009 the City of Renton. As owners of the real estate kiosks, the MBA would also be required to provide comprehensive general liability insurance coverage insuring themselves and the City and its elected and appointed officers, officials, agents and employees as additional insured. Automobile and workers compensation insurance would also be required. Under the Master Use Agreement, the MBA would have responsibility for building, installing, and maintaining the real estate kiosks and individual directional panels. After having entered into a Master Use Agreement and obtained the appropriate sign permits, the Master Builders Association would lease directional panels to homebuilders/developers. The MBA has proposed 27 real estate sign kiosks in limited areas along NE 4th Street, SR 900/Sunset Boulevard (from 1-405 to Nile Avenue NE), SE 95th Way, NE 27th Street and NE 30th Street. Upon initiation of the Master Use Agreement, the MBA intends to construct and install 12 real estate sign kiosks (See Attachment 2) at the following locations: A. Southwest corner of NE 4th Street and Monroe Avenue NE; B. Northeast corner of NE 4th Street and Union Avenue NE; C. North side of NE 4th Street at Duvall Avenue NE; D. North side of NE 4th Street at Hoquiam Avenue NE; E. South side of NE 4th Street between Lyons Avenue NE and Nile Avenue NE; F. Southwest corner of NE 4th Street and Nile Avenue NE; G. North side of Sunset Boulevard and west of Nile Avenue NE; H. Intersection of Sunset Boulevard and Hoquiam Avenue NE; I. Southwest corner of Sunset Boulevard and Duvall Avenue NE; J. Southwest corner of NE 12th Street and Union Avenue NE; K. SE corner of NE 12th Street and Monroe Avenue NE; and L. SE 95th Way west of Duvall Avenue NE. CONCLUSION: The Community & Economic Development Department requests authorization to proceed with entering into a Master Use Agreement with the Master Builders Association of King and Snohomish Counties (see Attachment ). Attachments: 1. Kiosk Design 2. Location Map 3. Draft Ordinance cc: Jay Covington, Chief Administrative Officer C.E. Vincent, Planning Director Suzanne Dale Estey, Economic Development Director Neil Watts, Development Services Director Greg Zimmerman, Public Works Administrator Peter Hahn, Deputy Public Works Administrator h:\ced\planning\current planning\gw\real estate kiosk signs\master use ageement issue paper.doc ATTACHMENT 1 Awaiting graphic of Real Estate Sign Kiosk from Master Builders Association of King and Snohomish Counties. 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O=MP3nY this PrOdUZL Real Estate Sign Kiosks 0 Future Kiosk Site Initial Kiosk Site City Of, + ATTACHMENT 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO MASTER BUILDERS ASSOCIATION OF KING AND SNOHOMISH COUNTIES, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND MASTER USE AGREEMENT TO INSTALL REAL ESTATE SIGN KIOSK FACILITIES TOGETHER WITH APPURTENANCES THERETO, UPON, OVER, UNDER, ALONG, ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN CITY RIGHT OF WAY AND PUBLIC PROPERTIES OF THE CITY. WHEREAS, the City has adopted ordinance amendments regarding sign permit fees, sign regulations and the definitions of "sign, real estate" by adding definitions of "real estate sign kiosk" and real estate sign kiosk directional panel"; WHEREAS, the Master Builders Association of King and Snohomish Counties (MBA) represents home builders and the MBA has proposed to construct, install and maintain real estate sign kiosks and real estate sign kiosk directional panels; and WHEREAS, the City seeks to establish a Master Use Agreement with the Master Builders Association of King and Snohomish Counties to install and maintain reaql estate kiosk signs in City rights -of -way and on public properties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Master Use Agreement: There is hereby given and granted unto Master Builders Association of King and Snohomish Counties, its successors, and assignees ("Grantee") for a period of 3-years from the effective date of this master use agreement, the rights, privileges, and authority to construct, operate, maintain, replace, alter, remove and repair one or more real estate sign kiosk facilities ("Facilities"), together with all equipment, support structures, and appurtenances of Grantees' facilities , under, along, over, below and through certain public right-of-way and other public lands within the City of Renton. SECTION II. Non -Exclusive Master Use Agreement: This Master Use Agreement is granted upon the express condition that it shall not be deemed or held to be an exclusive agreement in, along, over, through, under, below, or across any of said public rights -of -ways, public thoroughfares, sidewalks, and utility easements within the MASTER BUILDERS ASSOCIATION 1 City of Renton. Such agreement shall in no way prevent or prohibit the City of Renton or its tenants from using any of said roads, streets or other public or tenant properties or affect its jurisdiction over them or any part of them. The City of Renton retains full power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as it may deem fit including the dedication, establishment, maintenance and improvement of all new rights -of -ways and thoroughfares and other public properties of every type and description. Master Builders Association of King and Snohomish Counties, as Grantee herein, agrees and covenants at its sole cost and expense to protect, support, temporarily relocate, or remove from any street any of its installations when so required by the City of Renton, upon not less than ninety (90) days prior written notice. ("Relocation Notice"). The Relocation Notice shall specify the applicable City Project, the "Cause" of the relocation and any alternate right of way available for relocation. Cause for the City of Renton to issue such Relocation Notice shall be the City's reasonable determination that Grantee's Facilities will conflict with a City Project. 'City Project" is the project necessitating the relocation, which City Project must primarily benefit the public (and not directly, or indirectly, primarily benefit a private entity or entities or other commercial enterprise). Examples of City Projects include but are not limed to public safety, street vacations, dedications of new rights -of -ways and the establishment and improvement thereof, freeway construction, change of establishment of street grade or the construction of any public improvement or structure by government agency acting in a government capacity for the benefit of the public generally. The parties acknowledge and agree that when relocation is requested in connection with a project primarily benefiting or facilitating a planned development of a private entity, business owner or commercial concern, the party or parties benefiting from the utility relocation should bear the cost of kiosk relocation. The Grantee shall in all such cases have the privilege to temporarily relocate, in the authorized portion of the same street, upon approval by the City of Renton, any kiosk required to be temporarily removed. If Grantee is unable to relocate the affected Facilities during the City's Project, the City and Grantee shall reasonably cooperate to allow Grantee to relocate a temporary facility on property owned, operated or controlled by City in the immediate vicinity, if possible. In the event Grantee must permanently relocate any Facilities due to such Project by the City, the City agrees to use best efforts to relocate Grantee's Facilities to an adjacent right of way area. Grantee may, after receipt of written Relocation Notice requesting a permanent relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If so requested by the City, Grantee shall submit additional relevant information to assist the City in making such evaluation. The City shall give each alternative proposed by the Grantee full and fair consideration, within a reasonable time so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines not less than fifteen (15) days from the commencement of such work by the City that there is no other reasonable alternative, Grantee shall relocate its Facilities as otherwise provided in this Section. MASTER BUILDERS ASSOCIATION 2 SECTION III. Location of Facilities: The location of facilities shall be limited to the pilot project area outlined in attached Exhibit A. The facilities are to be limited to the locations shown in the same exhibit. SECTION IV. Master Use/Franchise Construction Permit: A Master Use/Franchise Construction permit application with three (3) sets of plans is required for each proposed project. All construction, and installation of work within any of the public properties shall be done under the supervision of the duly authorized representative of the Community and Economic Development (CED) Administrator, and Grantee shall timely submit unto the CED Administrator, prior to any such work, detailed plans and specifications of any proposed work. The location of any Permit on public property in a street, Municipal Airport, or other public area shall be subject to approval of the CED Administrator or his authorized representative and such approval shall be provided in writing. The Grantee shall further inform the City of any time or date that the Grantee is performing work within the franchised area to allow the City to inspect such work. The Master Use/Franchise Construction permit fee is stated in Section XVIII of this agreement document. SECTION V. System Components: All components of the System and other components of any kiosk, to be placed within any street right-of-way, or other public property shall be designated, manufactured, and installed in accordance and in full compliance with industry standards and applicable ordinances. SECTION VI. Permanent Records: The Grantee shall at all times keep full and complete plans and records showing the location, installed depth and size of all its kiosk installations constructed in the City. Such plans and records shall be kept current by the Grantee. As -built plans and records shall be available to the City at all times upon request. A telephone contact number for requested plans shall be supplied to the City and kept current. SECTION VII. Planning for Construction: During any period of construction, all surface structures, if any, shall be erected and used in such places and positions within said public right-of-way, and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property and tenants and Grantee shall at all times post and maintain proper barricades during such period of construction as required by the laws and statutes of the State of Washington. Specific locations are subject to approval by the City via the construction permitting process. All trucks, vehicles, and equipment working in City right-of-way shall be marked with company logo, including company name and phone numbers. MASTER BUILDERS ASSOCIATION 3 Approved traffic control plans shall be utilized for each installation when working in the public right-of-way. The Grantee shall be responsible for all work by their contractor, meeting the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) for all work within the public right-of-ways. SECTION Vill. Restoration and Repair of Facilities: Grantee, its successors and assignees, hereby agrees and covenants to promptly repair any damage to City or tenant property of every type and nature and all other City or tenant improvements caused by failure of Grantee's work during the life of this Agreement. Should it be necessary to make any excavation within any public right-of-way, in the constructing, maintenance, removing, replacing, altering or repairing of any facility, Grantee shall without delay and at Grantee's sole cost and expense, restore the surface of said right-of-way or other public or tenant property to at least the same condition immediately prior to any such installation and construction. In case of damage by the Grantee to said streets, avenues, roads, alleys, lanes, public places and ways, to the pavement, turnouts, gutters, ditches, walks, poles, pipes, plantings, rail, bridges, trestles, wharves or landings, and/or other appurtenances and improvements, the Grantee shall immediately repair all damage at its sole cost and expense. Grantee shall comply with all ordinances and regulations of the City of Renton, Washington, regarding such construction and whenever deemed necessary by the CED Administrator shall be required to post a performance bond in favor of the City warranting, among other things, that such restoration work will be done promptly to a condition equal or better than the original condition and in a proper, workman like manner. Where concrete encased recorded monuments have been disturbed or displaced, Grantee shall restore the monument to federal, State and local standards and specifications. All restoration of public streets, sidewalks, and other amenities shall conform to current City of Renton Standard Specifications for Road, Bridge and Municipal Construction and the City of Renton's Trench Restoration Standards. As a condition of receiving the right to work within the public right-of-way, the Master Builders Association of King and Snohomish Counties shall assume full responsibility for using materials and installation methods that are in full compliance with City Standards and shall verify this by submittal of documentation of materials and testing reports when requested by the City. All costs for performing on -site testing, such as Compaction tests, shall be borne by the Master Builders Association of King and Snohomish Counties. SECTION IX. Hold Harmless Agreement: The Grantee, its successors and assignees, agrees and covenants to indemnify and hold harmless the City of Renton from and against any and all liability, loss cost, damage, whether to persons or property, or expense of any type or nature to the extent it arises (collectively, "Claims") from any negligent act or omission or willful misconduct of Grantee, its successors and assigns arising from or connected to the Grantee's work under this Agreement, except to the extent any such Claim is due to the negligence or intentional acts of the City, its MASTER BUILDERS ASSOCIATION 4 employees, agents or independent contractors. In addition, in case any suit or action is instituted against the City by reasons of any such damage or injury, City shall (i) cause written notice thereof to be given unto Grantee and (ii) give all reasonably requested assistance in defense or settlement of such claim at Grantee's expense, and (iii) grant Grantee the right to control the defense or settlement of such claims. SECTION X. Liability Insurance: Kiosk Owner Company shall maintain in full force and effect throughout the term of this agreement, Comprehensive General Liability insurance coverage, inclusive of umbrella coverage, insuring the Grantee and the City and its elected and appointed officers, officials, agents and employees as additionally insured as follows: 1. Comprehensive general liability insurance, inclusive of umbrella coverage, with limits not less than: a. Five million dollars ($5,000,000) for bodily injury or death to each person; b. Five million dollars ($5,000,000) for property damage resulting from any one accident; 2. Automobile liability insurance for owned, non -owned, and hired vehicles, inclusive of umbrella coverage, with a limit of three million dollars ($3,000,000); 3. Worker's compensation with statutory limits and employer liability insurance, inclusive of umbrella coverage, with limits of not less than one million dollars ($1,000,000); and The Grantee shall submit to the City Clerk evidence that it has in full force and effect and shall keep in full force and effect during the life of the Agreement, comprehensive general liability insurance naming Grantee and the City of Renton as additional insured with coverage as stated above. It is hereby understood and agreed that this policy may not be canceled until 30 days after receipt of a written notice addressed as required by such intent to cancel. After receipt by the City of said notice, and in no event later than ten days prior to said cancellation, the Grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section. SECTION XI. Revocation or Termination of Grant: For the purpose of compelling compliance by the Grantee with all the terms and conditions of this Agreement and the maintenance of said facilities in good condition, City retains the right to end and terminate and fully forfeit the Agreement herein granted, within (30) thirty days after written notice unto the Grantee, whenever the Grantee fails to comply with any of the material terms and conditions hereof, provided that Grantee has a reasonable length of time in which to cure such noncompliance. Upon forfeiture the City shall have the right to require the Grantee to remove any and all of its facilities within the City of Renton, all at the Grantee's cost and expense, and to promptly and timely restore all roads and other public MASTER BUILDERS ASSOCIATION 5 properties to the condition immediately prior to any such forfeiture and termination. The Grantee may apply to the City for an extension of time to comply due to unavoidable delays and events beyond its control. The extension of time will not be unreasonably withheld as determined by the City. SECTION XII. Reservation of Rights: The Grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City at all times and the City shall enforce general ordinances necessary to protect the safety and welfare of the public. The Grantee agrees to comply with all applicable general laws enacted by the City as long as such regulations do not increase the burden or impair the rights of the agreement hereunder. The laying, construction, installation, maintenance and operation of the facilities in connection therewith shall not preclude the City of Renton, its authorized agents, contractors and representatives from blasting, grading, excavating or doing other necessary or public works over, unto, abutting, or contiguous to Grantee's facilities provided, however, that Grantee shall be given (10) ten working days written notice of any such blasting, grading, or excavating so that the Grantee may take proper steps to protect its facilities. The parties agree that this Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances (the "Law"). Accordingly, any provision of this Agreement or any local ordinance, which may conflict with or violate the Law, shall be invalid and unenforceable, whether occurring before or after the execution of this Agreement, it being the intention of the parties (i) to preserve their respective rights and remedies under the Law, and (ii) that the execution of this Agreement does not constitute a waiver of any rights or obligations by either party under the Law. SECTION XIII. Damage, Injury, or Loss: Except for damage, injury, or loss caused by the City of Renton, the Grantee shall have no recourse whatsoever against the City of Renton for any loss cost, expense, or damage arising out of any provision or requirement of this Agreement or the enforcement thereof. This Agreement does not relieve the Grantee of any requirement of any City Ordinance, rule or regulation, or specification of the City, including but not limited to any requirement relating to street work, street excavation permits and fees therefore, or the use, removal or relocation of property and streets. No privilege nor exemption is granted or conferred unto the Grantee by this Agreement except those specifically prescribed herein, and any such privilege claimed under this Agreement by the Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent improvement or installation therein. SECTION XIV. Discontinued Agreement: In the event the use of any permitted property is permanently discontinued by Grantee, or no Permit has been obtained therefore upon expiration of this Agreement, or within thirty days after any termination of this Agreement, then the Grantee shall promptly remove from the MASTER BUILDERS ASSOCIATION 6 streets and other properties all its facilities, other than any the City may permit to be temporarily or permanently abandoned. However, upon written consent by the City, Grantee may leave any facilities temporarily or permanently abandoned within the streets or other properties. SECTION XV. Ownership Transfer: This Agreement may not be assigned to a successor or assignees without the prior written consent of the City Council of the City of Renton, provided that Grantee may assign this Agreement to a parent or affiliate upon prior written notice to the City. The City will not delay or withhold written consent without just cause. For the purposes of this section, a merger or corporate reorganization of any entity controlling, controlled by or under common control with Grantee shall not be deemed a transfer of assignment. SECTION XVI. Security Device: The Grantee shall, within (10) ten days after the award of this Agreement, file with the City of Renton CED Department and at all times thereafter maintain in full force and effect an acceptable security device or escrow account in duplicate effective for the entire term of this Agreement, and conditional that in the event Grantee shall fail to comply with any one or more of the provisions of this Agreement then there shall be recovered jointly and severally from the principal and surety of such security device or escrow account any damage suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of properties herein above described, up to the full amount of the said bond, said condition to be a continuing obligation within the City of Renton or may have arisen from the acceptance of such Agreement by the Grantee:or from its exercise of any such privilege herein granted. The security device or escrow account initially filed in accordance with the requirement of this Section shall be in the amount of Twenty -Five Thousand Dollars ($25,000.00). In the event of substantial change in volume of street space occupied by permitted properties, the City may permit or may require a corresponding change in the amount of such security device or escrow account. The bond form set forth as attachment "C" is deemed an approved security device. SECTION XVII. Additional Facilities: No locations other than those shown on Exhibit A as approved in this agreement shall be permitted unless authorized by the Renton City Council. Such additional installations shall be subject to all of the terms and conditions of this Master Use Agreement and to any such additional conditions as may be prescribed by the Renton City Council as to any such additions. SECTION XVIII. Permit Fees: The Grantee, Master Builders Association of King and Snohomish Counties, its successors and assignees agrees to pay annually to the City of Renton from and after the date of acceptance MASTER BUILDERS ASSOCIATION 7 of this Agreement and during the period it shall remain in effect a yearly recurring fee per kiosk for the use of the public rights -of -way within the City of Renton. Payment to the City will be made to the Finance and Information Service Administrator on or before January 1st of each year during the period that this Agreement shall remain in effect. Master Use/Franchise Construction Permit Fee is $50.00. Inspection rate is billed at $40.00 an hour. Kiosk Owner Company does hereby agree to pay a one time Administrative Fee for Agreement preparation and processing of five hundred dollars ($500.00). SECTION XIX. Applicants Contacts: Any notices or information required to be given to parties under this Master Use Agreement may be sent to the following addresses unless otherwise directed. Master Builders Association Attn: George Capestany 335 116th Avenue SE Bellevue, WA 98004 Forward copies of notices of default to: Renton City Hall Attn: Gerald Wasser, Planning Associate Planning Division, 6th Floor 1055 — S. Grady Way Renton, WA 98055 (425 430-7382 Gwasser@rentonwa.gov Master Builders Association of King and Snohomish Counties Attn: Real Estate Attorney Mailstop: SECTION XIX. Effective Date: This Ordinance shall be in full force and effect from and after its passage, approval and five (5) days after its legal publication as provided by law, and provided it has been duly accepted by Grantee as herein above provided. SECTION XX. Environmental Indemnification: Grantee shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Grantee shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance caused by Grantee, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable MASTER BUILDERS ASSOCIATION 8 attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. PASSED BY THE CITY COUNCIL this day of Bonnie Walton, City Clerk APPROVE BY THE MAYOR this APPROVED as to Form: Lawrence J. Warren, City Attorney Date of Publication: 20 _ day of 20 _ Denis Law, Mayor ACCEPTED BY GRANTEE, MASTER BUILDERS ASSOCIATION OF KING AND SNOHOMISH COUNTIES, this day of Signature Print Name TITLE TITLE Signature Print Name MASTER BUILDERS ASSOCIATION 9 20 i a1 J NE31stSt NE pt 1 1 HT k� III.,_I� °I P lF L K I „\\\,F I I ".M.L ©_,ttt.Ilt I NE 7th St I I jo rnsieac CamWest u Conner Homes Lozier I G Schneider Homes September 10, 2009 0 1,500 3,000 Feet 1:18,000 Z\ N Fle Neme. H:ICELNIaminB�GISGISy naY>:u,mnlylunni,rg\ reel_esfafe vg,r_hiozla_fl xt] a911109Urtr05 Community & Economie Development Alex Pietsch, Administrator DwdGIS Aaclysis S—i— Adria A.7ohnsoo, Patrick R°dom Mao wl d—d by tt. Gry d Renton t°1. the My of Rlmfml s0 dithb fe--d. No we —#-"of an; son. icl d gw1 ra UId db artaacy. lttne w 1Ptll +arnta"j. acco parry M prrm= 95th Q Q L NE 1 Classic Homes —t f SE 116th St SE 116th St � I h NE 8th St B C -- J NE 4th Ctt\�, NE 4th St I' EcT 1 1 i LO21ef pE 132nd Sd �.._..- 1_17 b 1g1s15� I i � ,- Real Estate Sign Kiosks Future Kiosk Site ® Initial Kiosk Site City of ;1 U 6 4 1 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: Dept/Div/Board.. Department of Community & November 23, 2009 Economic Development Staff Contact...... Suzanne Dale Estey x6591 Agenda Status Consent .............. X Subject: Public Hearing.. Resolution supporting the expedited state -level Correspondence.. establishment of a Joint Underwriting Association to Ordinance ............. provide supplemental flood insurance options for Resolution............ X Valley area businesses. Old Business........ Exhibits: Resolution Recommended Action: Council concur New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The well -publicized seepage through the right abutment of the Howard Hanson Dam has raised the possibility of flooding this winter in the Green River Valley if major storms occur. Renton and other cities in the Valley, along with King County, and in cooperation with multiple state and federal agencies, have been working to prepare citizens and businesses for potential flooding, have deployed sandbags and other flood response tools, and have been working on prevention efforts that include repairs and upgrades to the Green River levee system. Government officials have also been encouraging property and business owners to secure flood insurance. Businesses can obtain coverage through the National Flood Insurance Program, but limits of $500,000 for property and $500,000 for buildings and equipment are simply not enough. In the proposed City of Renton 2010 State Legislative Agenda (scheduled for Council consideration November 23, 2009), the Administration will recommend Renton support proposals for a "Joint Underwriting Association" at the state level to require all area insurance companies to provide supplemental flood insurance options to Valley area businesses. STAFF RECOMMENDATION: Adopt a resolution supporting the expedited state -level establishment of a Joint Underwriting Association to provide supplemental flood insurance options for Valley area businesses. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, URGING THE WASHINGTON STATE LEGISLATURE TO ACT QUICKLY TO ESTABLISH A JOINT UNDERWRITING ASSOCIATION TO MAKE SUPPLEMENTAL FLOOD INSURANCE AVAILABLE TO GREEN RIVER VALLEY BUSINESSES. WHEREAS, the U.S. Army Corps of Engineers, joined by state and local officials, has recently notified the public that seepage through the right abutment of the Howard Hanson Dam will reduce the dam's ability to hold back waters in the event of a severe rainstorm or flood conditions; and WHEREAS, these structural problems at the Howard Hanson Dam increase the potential that floods could occur and flood waters could spill over the top of Green River levees; and WHEREAS, both media coverage and public comments regarding this issue have created undue panic and the belief that winter flooding is inevitable rather than at an increased risk; and WHEREAS, federal, state, and local elected officials have urged citizens and business owners to take precautionary steps and to obtain flood insurance; and WHEREAS, the perception of the increased risk has significantly lessened the availability of insurance for those who need it; and WHEREAS, the scarcity of adequate insurance coverage is a hardship for many Green River Valley area businesses, in that the National Flood Insurance Program limits of five hundred thousand dollars ($500,000) for a building and five hundred thousand dollars ($500,000) for its contents, are grossly inadequate for commercial, distribution, and 1 RESOLUTION NO. warehousing firms that depend on the operation of multi millions of dollars worth of equipment; and WHEREAS, this leaves many businesses either unable to insure their operations, subject to dramatically increased costs, or both; and WHEREAS, the combined effect of growing flooding fears and a diminishing supplemental insurance market, has businesses reevaluating their location in the Green River Valley, or electing not to locate their operations in what has traditionally been a very business - conducive, business -friendly place to operate; and WHEREAS, this growing insurance crisis is beginning to threaten the economic underpinnings of the Green River Valley, which, as the west coast's second largest warehouse distribution complex, has an estimated payroll in excess of $8 billion, is a distribution lifeline for railroads and the Ports of Seattle and Tacoma, and is a critical employment hub for the Central Puget Sound and the State of Washington; and WHEREAS, there is now a tremendous and urgent need to establish a quick market for businesses in need of supplemental insurance to obtain such insurance, and further, to temper the anxieties regarding the flood insurance market; and WHEREAS, the Washington State Legislature has the ability to establish a joint underwriting association ("JUA") that can assure the creation of a supplemental insurance market, which has a history of proven success in prior years when insurance availability crises impacted contractors and midwives; and 2 RESOLUTION NO. WHEREAS, given the lead time it would take to establish a JUA, take administrative steps to form it, and have insurance available to Green River Valley area businesses, the time for action is immediate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION 11. The City Council strongly supports action by the Washington State Legislature to enact legislation that establishes a JUA for Green River Valley area businesses to tap into for supplemental flood insurance. SECTION III. The City Council urges the Governor of the State of Washington and the Washington State Legislature to act in the most expeditious manner possible, perhaps even in Special Session if that can be achieved, to enact JUA legislation that provides relief for businesses. PASSED BY THE CITY COUNCIL this day of 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor 3 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES. 1431:11/13/09 : sc r CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Subject: Finance & IT Department Iwen Wang 2009 Final Budget Amendment Ordinance Exhibits: Issue Paper Draft Ordinance Al #: 0 For Agenda of: November 23, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... 91 Ll Recommended Action: Approvals: Legal Dept......... X Refer to Finance Committee Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $7,420,900 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The proposed budget amendment increases the overall City budget appropriation by $7.4 million, and: 1) Recognizes grants/donations and associated program costs; 2) Makes minor corrections to carry -forward adjustments and the Second Quarter budget adjustment; 3) Adjusts General Governmental Capital Project appropriation with associated grants/donations and program costs. STAFF RECOMMENDATION: Approve the proposed 2009 Final Budget Amendment and place the ordinance on for first reading. FINANCE AND p ez�MtnamDew� INFORMATION TECHNOLOGY M E M O R A N D U M DATE: November 23, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, Administrator 1 SUBJECT: 2009 Final Budget Amendment Ordinance ISSUE Should the 2009 budget be amended to incorporate changes as detailed below? RECOMMENDATION Adopt the ordinance amending the 2009 Budget. BACKGROUND SUMMARY The combined adjustments are a total addition of $7.4 million in the 2009 City's spending plan as highlighted below. I. General Governmental Operations 1) ARRA Grants: a. Court Services increased by $5k for ARRA Grant related to Edward Byrne Memorial Justice Assistance Grant (JAG). b. Community and Economic Development increased by $95k for 200 Mill building's HVAC upgrades and LED Street Lights. c. Public Works increased by $52k for Energy Efficiency and Conservation Block grants. d. Police increased by $24k for Edward Byrne Memorial Justice Assistance Grant (JAG). e. Community Services increased by $118k for LED Signal Lights. 2) Finance and Information Technology (Non -Departmental): Higher bank fees due to low interest earnings on compounding balance account. 3) Community and Economic Development: Increased by $30k for study/survey related to impact fees. 4) Police: Increased by $339k for COPS Hiring Recovery program grant and JAG grant for Domestic Violence. Randy Corman, Council President Members of the Renton City Council Page 2 of 5 November 23, 2009 5) Community Services: Increased by $199k for: a. Senior Center Fitness Room training ($10k). b. Two park benches and plaques at Renton Senior Activity Center Bocce Ball Court ($2,500). c. Cancel Parks and Golf Course division purchase of Synthetic Turf Maintenance Equipment (-$15,500). d. Custer grant and Renton Community Foundation grant moved from General Fund (001) to Municipal Facilities (316) fund related to Second Quarter Budget Adjustment (-$91k). e. Communications planning for 2010 Library Election ($15k). f. King County Library System cross -use payment ($278k). g. Move Renton Community Center temporary salaries and benefits to Facilities division (-$22k, +22k). Moving expenses within fund to reflect interfund charges to Facilities. h. Adjust CDBG Final 2009 Contract and Carry Forward actuals (-$1,498). II. Special Revenue Funds: 1) Community Services: Increased by $728k for Energy Efficiency and Conservation Block Grants and Puget Sound Energy Grant. 2) Community and Economic Development: Increased by $45k for 1% for Arts Program, based on completed Transportation projections in 2009. III. General Government Capital 1) Community Development Impact Mitigation Fund 303: Increased by $711k for Springbrook Trail Missing Link transfer out to Fund 316. 2) Transportation Impact Mitigation Fund 305: Increased by $173k for mitigation funds from The Landing and parking garage agreement transfer out to Fund 317. 3) Municipal Facilities CIP Fund 316: Increased by $362k for: a. Transfer out to Fund 001 for Senior Center Fitness Room staffing (-$10k, +10k). Moving expenses within fund to reflect transfer out to Fund 001. h:\finance\council\03_agendabills\2009\2009 final budget adjustment agbip (2).doc Randy Corman, Council President Members of the Renton City Council Page 3 of 5 November 23, 2009 b. Transfer out to 317 for Transportation project contributions related to Sunset Blvd NE Corridor Improvements and Highlands to The Landing Pedestrian Connection project ($300k). c. Custer grant and Renton Community Foundation grant correction from Second Quarter Budget Adjustment ($91k). d. Study/survey related to impact fees moved to CED (-$30k). e. King County Proposition 2 related to trail acquisition and open space ($160k). 4) Transportation CIP Fund 317: Increased by $2.5 million for: a. The Rainier Avenue South Improvement Project budget was increased by $1,948,674 for new 2009 total of $8,948,674. The increase is due to the City being awarded an American Recovery and Reinvestment Act (ARRA) grant in the amount of $1,948,674 for the construction of the Phase 1— Shattuck Avenue South Stormwater Bypass. b. The Sunset Boulevard NE Corridor Improvements is a new TIP project. CED will be contributing $240,000 toward the planning phase, which is scheduled to start in 2010. For budgeting purposes, CED wants to make the transfer of funds to Fund 317 in the 2009 fiscal year. Since this transfer will occur in 2009, it was not included in Transportation's 2010 CIP budget and will be added through the carryforward process. c. The Highlands to The Landing Pedestrian Connection is a new TIP project. The design is scheduled to start in 2010. The City was awarded a non - motorized grant and CED will be contributing $60,000 for the City's required match. For budgeting purposes, CED wants to make the transfer of funds to Fund 317 in the 2009 fiscal year. Since this transfer will occur in 2009, it was not included in Transportation's 2010 CIP budget and will be added through the carryforward process. d. Transportation Fund 317 transfers 1% of expenditures in capital projects to Fund 125. Transportation's 2009 adjusted budget includes $40,000 to be for the 1% for Arts Program. This budget adjustment will allow the interdepartmental transfer to be made to Fund 125. The exact amount will be determined based upon actual costs incurred in design and construction. Moving expenses within the fund to reflect transfer out. 5) South Lake Washington Infrastructure CIP Fund 318 (The Landing): Transfer out to 1% for Arts program (-$5k, +$5k). Moving expenses within fund to reflect transfer out to Fund 125. IV. Enterprise Funds: 1) Golf Course operating increased by $21k for unexpected bank fees. h:\finance\council\01_agendabills\2009\2009 final budget adjustment agbip (2).doc Randy Corman, Council President Members of the Renton City Council Page 4 of 5 November 23, 2009 2) Airport capital increased by $620k for FAA grant related to runway resurfacing, reimbursement from airport tenant related to fuel spill, and capital improvements for the Renton Gateway Center Utilities. Funding for the Gateway Center will be an interfund loan provided by the Water (405) and Surface Water (407) utility operating funds. 3) Water operating increased by $240k for an interfund loan disbursement to the Airport CIP fund (Renton Gateway Center Utilities). 4) Surface Water operating increased by $250k for supplies related to Ecology Pass - through Grant and an interfund loan disbursement to the Airport CIP fund (Renton Gateway Center Utilities). Surface Water capital increases by $200k for Ecology Pass -through Grant and Green River Ecosystem Restoration Project. V. Internal Service Funds: 1) Equipment Rental increased by $372k for the purchase of an automated fueling system at Fire Station 13, Fintec 640 Mobile Screening Plant, and Mobile Sand Bagger. 2) Information Technology increased by $115k for Edward Byrne Memorial Justice Assistance Grant (JAG) related to technology. 3) Facilities increased by $22k related Renton Community Center temporary salaries and benefits being moved from Fund 001. 4) Communications decreased by $116k related to Communications Specialist I and Multi Media Specialist budgets moving back to Fire and Clerk's budget due to an error. VI. Various Transfer Adjustments to correct carry forward and Second Quarter Budget Adjustments. 1) Total revenue transfer in adjustments is -$2.4 million. 2) Total expenditure transfer out adjustments is -$29k. Attachments: Draft Budget Amendment Ordinance and Attachment A Proposed Final Budget Amendment Detail Cc: Jay Covington, CAO Marty Wine, Assistant CAD Bonnie Walton, City Clerk Department Administrators h:\finance\council\01_agendabills\2009\2009 final budget adjustment agbip (2).doc 2009 Final Budget Adjustment Detail GENERAL FUND (Fund 000) Adopted Adiustment Amended Beginning Fund Balance 11,816,561 - 11,816,561 REVENUES 95,728,148 CED Energy Efficiency and Conservation Block Grants 95,837 CED Study -Proposed change to impact Fees -Comm Svcs portion 29,830 Police COPS Hiring Recovery Program Grant 300,000 Police/( Edward Byrne Memorial Justice Assistance Grant(JAG) - Local 28,558 Police Edward Byrne Memorial Justice Assistance Grant(JAG) - Federal 38,605 PW Energy Efficiency and Conservation Block Grants 51,608 CS Custer Grant correction (15,000) CS Renton Community Foundation Grant correction (76,340) CS Donation- Sons of Italy 2,500 CS KCLS Benson Hill Annexation Payment 293,000 CS Renton Community Foundation Grant trsfr 316 to 001 10,000 CS Adj CDBG Final 2009 Contract and Canyforward actuals (1,498) CS CDBG Grant for LED Signal Lights 117,505 Total Revenue Adjustment 95,728,148 874,605 96,602,753 EXPENDITURES 99,181,279 Court Edward Byrne Memorial Justice Assistance Grant(JAG) 4,968 FIT Bank Fees Adjustment 211,072 CED Energy Efficiency and Conservation Block Grants 95,837 CED Study -Proposed change to impact Fees -Comm Svcs portion 29,830 Police Edward Byrne Memorial Justice Assistance Grant(JAG) - Local 23,590 Police Edward Byrne Memorial Justice Assistance Grant(JAG) - Federal 38,605 Police COPS Hiring Recovery Program Grant 300,000 PW Energy Efficiency and Conservation Block Grants 51,608 CS Cancel Parks Dept. purchase of Synth Turf Maint Equip (15,500) CS Custer Grant correction - should be in 316 (15,000) CS Renton Community Foundation Grant correction - should be in 316 (76,340) CS KCLS Cross -Use Study Payment 278,000 CS Communications Planning - 2010 Library Election 15,000 CS Renton Comm Foundation Grant -Staffing trsfr to 001 10,000 CS Park benches and plaques at Renton Senior Activity Center 2,500 CS Comm Ctr Temp salaries/ben to Facilities (21,746) CS Adj CDBG Final 2009 Contract and CF actuals (1,498) CS Comm Ctr Temp salaries/ben to Facilities 21,746 CS LED Signal Lights funded by CDBG Grant 117,505 Transfer Corrections CS Correct 2008 cash and equity transaction 5,696 CS Correct transfer to match concessions (35,166) Total Expenditure Adjustment 99,181,279 1,040,707 100,221,986 Ending Fund Balance 8,363,430 166102 8,197,328 LEASED FACILITIES FUND (Fund 108) Adopted Adiustment Amended Beginning Fund Balance 1,252,058 - 1,252,058 REVENUES 1,244,322 CS Energy Efficiency and Conservation Block Grants 470,065 CS Puget Sound Energy Grant 257,988 Total Revenue Adjustment 1,244,322 728,053 1,972,375 EXPENDITURES 1,881,228 CS Energy Efficiency and Conservation Block Grants 470,065 CS Puget Sound Energy Grant 257,988 Total Expenditure Adjustment 1,881,228 7289053 2,609,281 2009 3rd Qtr Budget Adjustment.xls 1/5 11/16/2009 2009 Final Budget Adjustment Detail ONE PERCENT FOR ARTS (Fund 125) Adopted Adiustment Amended Beginning Fund Balance 121,678 - 121,678 REVENUES - CED Transfer in from 317 for 1 % for Arts program 40,000 CED Transfer in from 318 for 1 % for Arts program 5,000 Total Revenue Adjustment - 45,000 45,000 EXPENDITURES - CED I % for Arts program 45,000 Total Expenditure Adjustment - 45,000 45,000 Ending Fund Balance 121678 121,678 IMPACT MITIGATION FUNDS (Fund 303, 304, 305) Adopted Adjustment Amended Beginning Fund Balance 7,378,254 - 7,378,254 REVENUES 1,000,000 PW Transfer In from 316 173,102 Transfer Corrections CS Correct 2008 cash and equity transaction 5,696 Total Revenue Adjustment 1,000,000 178,798 1,178,798 EXPENDITURES 3,300,000 PW Transfer out to 318 173,102 CS Springbrook Trail Missing Link 711,038 Total Expenditure Adjustment 3,300,000 884,140 4,184,140 Ending Fund Balance 5,078,254 (705,342) 4,372,912 MUNICIPAL CIP FUND (Fund 316) Adopted Adjustment Amended Beginning Fund Balance 12,375,315 - 12,375,315 REVENUES 4,253,941 CS Springbrook Trail Missing Link 711,038 CS Custer Grant correction 15,000 CS Renton Community Foundation Grant correction 76,340 CS King County Levy 160,000 Transfer Corrections CS Correct transfer in to match transfer out (332,087) Total Revenue Adjustment 4,253,941 630,291 4,884,232 EXPENDITURES 16,029,256 CS Custer Grant correction 15,000 CS Renton Community Foundation Grant correction 76,340 CS Renton Comm Foundation Grant -Staffing trsfr to 001 (10,000) CS Renton Comm Foundation Grant -Staffing trsfr to 001 10,000 CS Study -Proposed change to impact Fees -Comm Svcs portion (29,830) CED Transfer out to 317 for Transportation project contributions 300,000 CS KC Proposition 2 (Trail Acquisition and Open Space) 160,000 Total Expenditure Adjustment 16,029,256 521,510 Ending Fund Balance 600,000 108,781 2009 3rd Qtr Budget Adjustment.xls 2/5 11/16/2009 2009 Final Budget Adjustment Detail TRANSPORTATION CIP FUND (Fund 317) Adopted Adjustment Amended Beginning Fund Balance 2,976,785 - 2,976,785 REVENUES 26,002,547 PW Transfer from 316 (CED's portion) 250,000 PW Highway Planning and Construction Grant - Rainier Ave S Shattuck STM bypass 1,948,674 PW Transfer in from CED for Sunset Blvd NE Corridor Improvements 240,000 PW Transfer in from CED for Highlands to The Landing Pedestrian Connection project 60,000 Total Revenue Adjustment 261002,547 2,498,674 28,501,221 EXPENDITURES 28,535,997 PW Highway Planning and Construction - Rainier Ave S Shattuck STM bypass 1,948,674 PW Capital Exp related to CED 250,000 PW Sunset Blvd NE Corridor Improvements 240,000 PW Highlands to The Landing Pedestrian Connection project 60,000 PW Adjusting budget for 1% for Arts program (40,000) PW Transfer out to 1% for Arts program 40,000 Total Expenditure Adjustment 28,535,997 2,498,674 31,034,671 Beginning Fund Balance Adopted Adjustment Amended (999,477) - (999,477) REVENUES 14,744,767 Transfer Corrections PW Correct transfer in to match transfer out (2,150,000) Total Revenue Adjustment 14,744,767 (2,150,000) 12,594,767 EXPENDITURES 13,693,912 PW Adjusting budget for I% for Arts program (5,000) PW Transfer out to 1% for Arts program 5,000 AIRPORT FUND (Fund 402/422) Adopted Adjustment Amended Beginning Fund Balance 868,376 - 868,376 REVENUES 5,750,548 PW FAA Grant 120,376 PW Reimbursement from Airport tenant for fuel spill 18,658 PW Interfund Loan from Water and Surface for Renton Gateway Center Utilities 475,000 Total Revenue Adjustment 5,750,548 614,034 6,364,582 EXPENDITURES 6,273,259 PW Airport FAA Grant - resurfacing 126,712 PW Reimbursement from Airport tenant for fuel spill 18,658 PW Renton Gateway Center Utilities Improvement 475,000 Total Expenditure Adjustment 6,273,259 620,370 6,893,629 Ending Fund Balance 345,665 (6,336) 339,329 WATER UTILITY FUND (Fund 405/425) Adopted Adjustment Amended Beginning Fund Balance 7,236,538 - 7,236,538 REVENUES 15,046,923 Transfer Corrections PW Correct transfer in to match transfer out 100,000 Total Revenue Adjustment 15,046,923 100,000 15,146,923 EXPENDITURES 19,531,648 PW Interfund loan to Airport Capital for Renton Gateway Center Utilities 240,000 Total Expenditure Adjustment 19,531,648 240,000 19,771,648 Ending Fund Balance 2,751,813 (140,000) 2,611,813 2009 3rd Qtr Budget Adjustment.xls 3/5 11/16/2009 2009 Final Budget Adjustment Detail SURFACEWATER UTII rrY FUND (Fund 407/427) Adopted Adjustment Amended Beginning Fund Balance 3,980,481 - 3,980,481 REVENUES 10,432,601 PW Ecology Pass -through Grant (Operating) 15,000 PW Ecology Pass -through Grant (Capital) 35,000 PW King County Conservation District Grant 164,500 Total Revenue Adjustment 10,432,601 214,500 10,647,101 EXPENDITURES 13,401 „700 PW Ecology Pass -through Grant (Capital) 35,000 PW Ecology Pass -through Grant (Operating) 15,000 PW Green River Ecosystem Restoration Project 164,500 PW Interfund Loan to Airport Capital for Renton Gateway Center Utilities 235,000 Total Expenditure Adjustment 13,401,700 449,500 13,851,200 Ending Fund Balance 1,011,382 (235,000) 776,382 EOUIPMENT RENTAL FUND (Fund 501) Adopted Adjustment Amended Beginning Fund Balance 2,366,730 - 2,366,730 REVENUES 5,725,124 PW Cancel Parks Dept. purchase of Synth Turf Maint Equip (15,500) Transfer Corrections PW Correct transfer in to match transfer out (90,000) Total Revenue Adjustment 5,725,124 (105,500) 5,619,624 EXPENDITURES 4,135,353 PW Capital Equipment - Automated fueling system at Fire Station 13 160,000 PW Capital Equipment - Fintec 640 Mobile Screening Plant 183,418 PW Capital Equipment - Mobile Sand Bagger 29,000 Total Expenditure Adjustment 4,135,353 372,418 4.507.771 INFORMATION SERVICES FUND (Fund 503) Adopted Adjustment Amended Beginning Fund Balance 1,530,937 - 1,530,937 REVENUES 3,784,860 IS Edward Byrne Memorial Justice Assistance Grant(JAG) 114,687 Total Revenue Adjustment 3,784,860 114,687 3,899,547 EXPENDITURES 4,735,993 IS Edward Byrne Memorial Justice Assistance Grant(JAG) 114,687 Total Expenditure Adiustment 4.735.993 114.687 4.850.680 FACILITIES SERVICES FUND (Fund 504) Adopted Adjustment Amended Beginning Fund Balance - - REVENUES 4,232,262 CS Comm Ctr Temp salaries/ben to Facilities 21,746 Transfer Corrections CS Correct transfer in to match transfer out - 95,646 Total Revenue Adjustment 4,232,262 117,392 4,349,654 EXPENDITURES 4,197,096 CS Comm Ctr Temp salaries/ben to Facilities 21,746 Total Expenditure Adjustment 4,197,096 21,746 4,218,942 Ending Fund Balance 35166 95,646 130,812 2009 3rd Qtr Budget Adjustment.xls 4/5 11/16/2009 2009 Final Budget Adjustment Detail COMMUNICATIONS FUND (Fund 505) Adopted Adjustment Amended Beginning Fund Balance - - REVENUES 1,100,708 Total Revenue Adjustment 1,100,708 - 1,100,708 EXPENDITURES 1,100,708 Exec Move Comm Spec I and MultiMedia Spec back to Fire and Clerk's budget due to error (115,905) Total Expenditure Adjustment 1,100,708 (115,905) 984,803 Ending Fund Balance 115,905 115,905 2009 3rd Qtr Budget Adjustment.As 5/5 11/16/2009 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEAR 2009 ANNUAL BUDGET AS ADOPTED BY ORDINANCE NO. 5423 AND THEREAFTER AMENDED BY ORDINANCES 5441, 5451, 5455, 5464 AND 5483. WHEREAS, on November 17, 2008, the City Council adopted Ordinance 5423 approving the City of Renton's 2009 Annual Budget; and WHEREAS, on January 12, 2009, the City Council adopted Ordinance 5441 adding the City Attorney's Office positions to the 2009 adopted Budget; and WHEREAS, on March 16, 2009, the City Council adopted Ordinance 5451, appropriating funds in the Golf Course Fund for certain expenses related to securing water rights at the Golf Course; and WHEREAS, on April 20, 2009, the City Council adopted Ordinance 5455, carrying forward funds to complete projects authorized and funded in 2008, but not yet completed; and WHEREAS, on July 6, 2009, the City Council adopted Ordinance 5464, modifying its revenue projections and appropriations for 2009 as required by economic conditions; and WHEREAS, on August 17, 2009, the City Council adopted Ordinance 5483, increasing the General Fund for the purpose of supplemental funding to support the City's Emergency Management Program; and WHEREAS, year-end forecasts and estimates require the City to modify its revenue projections and the appropriations for 2009; 1 I K ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinances 5423, 5441, 5451, 5455, 5464 and 5483 establishing the City of Renton's 2009 Annual Budget are hereby amended in the amount of $7,420,900 to an amended total appropriation of $288,721,124. SECTION II. A summary budget adjustment by fund is hereby attached as Attachment A. A detailed list of adjustments is available for public review in the Office of the City Clerk, Renton City Hall. SECTION Ill. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: O R D :1604:11/ 12/09: sc r Denis Law, Mayor FA ORDINANCE NO. Attachment A: Final Budget Amendment 2009 FINAL BUDGET ADJUSTMENT REQUEST ANALYSIS/SUMMARY BEGINNING FUND BALANCE I REVENUE EXPENDITURES I END FUND BALANCE 2009 Budgeted 2009 Budget 2009 Adjusted 2009 Budgeted 2009 Budget 2009 Adjusted 2009 Budgeted 2009 Budget 2009 Adjusted Ending Fund Required Availa_Fund Bal------- 000 GENERAL 5,700,507 5,700,507 66,977,519 492,830 67.470,349 69,273.315 709.598 69,982,913 3,187,943 3,187,943 001 COMMUNITY SERVICES 2,346,619 2,346,619 13,949,082 (76,840) 13,870,242 13,938,352 (129,508) 13,808,846 2,408,015 2,408,015 003 STRSETS 1,896,458 1,896,458 8,793,809 51,608 8,845,417 8,902,229 51,608 8,953,837 1,788.038 1,788.038 004 COMMUNITY DEVELOPMENT BLOCK GRANT (18,496) (18,496) 357,935 116.007 473,942 355,921 116,007 471.928 (16,482) (16,482) 005 MUSEUM - 151.124 - 151,124 149,625 - 149,625 1,499 1,499 006 LIBRARY 1,076.408 1,078,408 2,198,018 293,000 2,491,018 2.127,961 293,000 2,420,961 1,148,465 1,148,465 007 PA RKING GARAGE MAINTENA NCE 009 FARMERS MARKET 52,147 52,147 35,280 - 35,280 35,280 - 35,280 52,147 52,147 010 FAREANDBHRGBNCY SVC MEMORIAL 57,062 57,062 15,000 - 15,000 72,062 - 72,062 - 011 FIREANDBVERGENCY SVC HEALTH&WELLNESS 34,153 34,153 25,000 - 25,000 59,153 - 59,153 - 031 PARKMSJIORAL 173.452 173,452 - - 173452 173.452 201 1997 LM GO BONDS -CITY HALL 1,968 1,968 980,440 - 980,440 1,98D,440 - 1,980,440 (998:032) (998.032) 207 197E LM GO BONDS -SR CTR 215 GENERA L GOVERNMENT MISC DEBT SVC 494,283 494,283 2,244,941 - 2,244.941 2,286,941 - 2,286.941 452,283 452,283 Total General Governmental Funds 11,816,661 - 11,816,661 96,728,148 874,606 96,602,763 99,181,279 1,040,707 100,221,986 8,197,328 8,197.328 102 ARTERIAL STREETS 372,730 372,730 638,575 - 638,575 750,000 - 750,000 261,305 261,305 108 LEASE) CITY PROPERTIES 1,252,058 1,252,058 1,244,322 728,053 1.972,375 1,881,228 728,053 2,609,281 615,152 615J52 110 SPECIAL HOTEL -MOTEL TAX 250,746 250,746 340,400 - 340,400 326,000 - 326,000 265,146 265,146 118 CUM2755(PATHSRRALS) 3,243 3,243 - - - - - 3,243 3,243 125 ONE PERCENT FOR ART 121,678 121,678 - 45,000 45,000 - 45,000 45,000 121,678 121,678 127 CABLE COMMUNICATIONS DEVELOPMENT 112,368 112,368 85,674 - 85,674 85,674 - 85,674 112,368 112,368 135 SPRINGBROOK WETLANDS BANK 8,502 8,502 10,500 - 10,500 - - 19,002 19,002 219 1989 UNLM GO BONDS -SR HOUSING 496,119 496,119 5,100 - 5,100 523,230 - 523,230 (22,011) (22,011) 303 COMMUNITY SERVICES IMPACT MITIGATION 1,670,013 1,670,013 300.000 5,696 305,696 - 711,038 711,038 1,264,671 1,264,671 304 FIRE IMPACT MITIGATION 2,375,767 2,375,767 300,000 - 300,000 300,000 - 300,000 2,375,767 2,375,767 305 TRA NSPORTATION IMPACT MITIGATION 3,332.474 3,332,474 400,000 173,102 573,102 3,000,000 173,102 3,173,102 732,474 732,474 316 MUNICIPAL FACILITIES CAP 12,375,315 12,375.315 4,253,941 630,291 4,884,232 16,029,256 521.510 16,550,766 708,781 708,781 317 CAPTALIMPROVEMENT 2,976,785 2,976,785 26,002,547 2,498,674 28,501,221 28,535,997 2,498,674 31,034.671 443,335 443,335 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT (999,477) (999,477) 14,744,767 (2,150,000) 12,594,767 13,693,912 - 13,693,912 (2,098,622) (2,098,622) 326 HOUSING OPPORTUNITY 200,325 200.325 - - - - - 200,325 200,325 402 AIRPORTOPB ATIONS 583,924 583,924 1,209,511 - 1,209,511 1,523.268 - 1.523.268 270,167 270,167 403 SOLDWASTEUnUrY 651,755 651,755 15.123,236 - 15.123,236 14,892,198 - 14,892,198 882,793 882,793 404 MUNICIPAL GOLF COURSE SYSTEM 861,013 861,013 2,469,699 - 2,469,699 2,479.403 - 2,479,403 851,309 851,309 405 WATBROPERATIONS 5,104,276 5,104,276 10,075,032 - 10,075,032 12,551,648 240,000 12.791,648 2,387,660 (1,955,020) 432.640 406 WASTEWATER OPERATIONS 2,941,862 2,941,862 5,557,085 - 5,557,085 7,344.283 - 7,344,283 1,154,664 (838,706) 315.958 407 SURFACEWATER OPERATIONS 3,246.177 3,246,177 5,611,584 15,000 5,626,584 7,871,700 250,000 8,121,700 751,061 (497,632) 253,429 416 KING COUNTY METRO (97,685) (97,685) 11,414,648 - 11,414,648 11,414,648 - 11,414,648 (97,685) (97,685) 422 AIRPORT CAPITALMPROVB434T 284,452 284:452 4:541:037 614.034 5,155,071 4,749.991 620.370 5,370,361 69,162 69,162 424 MUNICIPAL GOLF COURSESYSTEM CIP 257.677 257,677 154,080 - 154,080 331.398 - 331,398 80,359 80,359 425 WATER CIP 2,132,262 2,132,262 4,971,891 100,000 5,071,891 6.980,000 - .6,980.000 224,153 224,153 426 WASTEWATER CIP 720,740 720,740 4,573,674 - 4,573,674 5,210,000 - 5,210,000 84,414 84,414 427 SURFACEWATERCIP 734,304 734,304 4,821,017, 199,500 5,020,517 5,530,000 199,500 5,729,500 25,321 25,321 461 WATERWORKS BOND RESERVE 106,377 106,377 - - - 106,377 - 106,377 - - 471 WATSRVMRKSRATE STABILIZATION 15,502 15,502 15,502 15,502 481 FUTURE W/S BOND PROCEEDS 1 M,840 174.840 - - 174.840 - 174,840 - 501 EDUIM134rRBNTAL 2,366.730 2.366,730 5,725,124 (105,500) 5,619,624 4,135,353 372,418 4,507,771 3,478,583 3,478.583 502 INSURANCE 10,710,432 10,710,432 3,103.522 - 3,103,522 8,085,440 - 8.085,440 5,728,514 (5,325,000) 403.514 503 INFORMATION SERVICES 1,530,937 1,530,937 3,784,860 114,687 3,899.547 4,735,993 114,687 4,850,680 579,804 579,804 504 FACILITIES - 4,232,262 117.392 4,349,654 4,197,096 21,746 4,218,842 130,812 130,812 505 COMMUNICATIONS - - 1,100,708 - 1,100,708 1,100,708 (115,905) 984,803 115,905 115,905 512 HEA LTHCA RE INSURA NCE 3,780,354 3,780,354 11,038,166 - 11,038,166 11,057,967 - 11,057,967 3,760,553 (3,317,390) 443,163 522 LSDFF1RETIREES HEALTHCARE 1,874,147 1,874,147 2,040,530 - 2,040,530 1,979,061 - 1.979,061 1,935,616 (395,812) 1,539,804 611 FIREMENS PENSION 4,265,991 4.265.991 290,000 - 290,000 U 542,276 - 542,276 4,013.715 4,013,715 Total Other Funds 66,794,713 06,794,713 160,163,492 2,985,929 163,149,421 182,118,946 6,380,193 188,499,138 31,444,996 (12,329,660) 19,116,436 TOTAL ALL FUNDS 78,611,274 - 78,611,274 246,891,640 3,860,634 249,762,174 281,300,224 7,420,900 288,721,124 1 39,642,324 (12,329,660) 27,312,794 �5e�olA CITY OF RENTON COUNCIL AGENDA BILL Z�lw 7 c AI q: Submitting Data: Dept/Div/Board.. Community Services/Parks Planning and Natural Resources Staff Contact...... Leslie Betlach, x - 6619 Subject: Grant Reimbursement — Heritage Park Exhibits: • WWRP Grant Agreement • Resolution 3633 • Deed of Right to Use Land for Public Recreation Purposes (Sample) For Agenda of: November 23, 2009 Agenda Status Consent ................ Public Hearing...... Correspondence.... Ordinance ............. Resolution ............. Old Business.......... New Business:....... Study Sessions....... Information........... X Recommended Action: Approvals: Council Concur Legal Dept.......... X Finance Dept...... Other .................. Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... N/A Amount Budgeted....... N/A Revenue Generated......... $242,127.97 Total Project Budget N/A City Share Total Project... $242,127.97 SUMMARY OF ACTION: In 2003, the City applied for grant funding to the state Interagency Committee for Outdoor Recreation [now called the Recreation and Conservation Office (RCO)] for grant assistance to acquire the former Barfield property for Heritage Park. The $500,000 grant request also committed the City to a 50% match, or $500,000. The grant cycle timeframe did not align with the acquisition timeframe which led the City to submit a letter for a Waiver of Retroactivity. The RCO approved Waiver allowed the City to complete the acquisition in advance of the grant funding, while continuing to provide the City grant eligibility. The project fell just below the cutoff for approved projects and did not receive grant funding; the City completed the acquisition utilizing Parks Mitigation funds. In September 2009, the City was contacted by the RCO indicating that projects initially funded with the 2003 grant funding either were not able to be completed, or excess funds were returned. The amount of $242,127.97 is available and is being recommended for distribution to the City. The Grant Agreement to accept grant funding was sent to the City on November 4, 2009. The Grant Agreement also requires the City to retain the property for park purposes in perpetuity. This will be accomplished at a later date by recording a Deed of Right to Use Land for Public Recreation Purposes. On November 18, 2009, the City received a call from the RCO indicating an executed Agreement needed to be in hand by December 1, 2009, in order to obligate funding. STAFF RECOMMENDATION: Recommend Council authorizes the Mayor and City Clerk to execute the Grant Agreement allowing the City to receive $242,127.97. Recommend Council authorizes the Mayor and City Clerk to execute the Deed of Right to Use Land for Public Recreation Purposes, thereby retaining the property for park use in perpetuity. Renton net/agn bill/ bh COMMUNITY SERVICES city of w DEPARTMENT M E M O R A N D U M DATE: November 19, 2009 TO: Don Persson, Councilmember CC: Denis Law, Mayor 4MI47 � PL- Jay Covington, Chief Administrative Officer FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) SUBJECT: Grant Reimbursement - Heritage Park Property Acquisition In 2003, Council authorized the City by Resolution #3633 to apply to the state Interagency Committee for Outdoor Recreation [now called the Recreation and Conservation Office (RCO)] for grant assistance. The application was for a $500,000 grant from the Washington Wildlife and Recreation Program (WWRP) and also committed the City to a 50% match, or $500,000. During this same timeframe, the City was negotiating with the property owner. The grant cycle timeframe did not align with the acquisition timeframe which led the City to submit a letter for a Waiver of Retroactivity. The RCO approved Waiver allowed the City to complete the acquisition in advance of the grant funding, while continuing to provide the City grant eligibility. The project fell just below the cutoff for approved projects and did not receive grant funding; the City completed the acquisition utilizing Parks Mitigation funds. In September 2009, the City was contacted by the RCO indicating that projects initially funded with the 2003 grant funding either were not able to be completed, or excess funds were returned. The amount of $242,127.97 is available and, is being recommended for distribution to the City. Required documents were provided to the RCO and the Grant Agreement to accept grant funding was sent to the City on November 4, 2009. Please note that Article E of the Grant Agreement also requires the City to retain the property for park purposes in perpetuity. This will be accomplished at a later date by recording a Deed of Right to Use Land for Public Recreation Purposes. On November 18, 2009, the City received a call from the RCO indicating an executed Agreement needed to be in hand by December 1, 2009, in order to obligate funding. Staff recommends Council authorize the Mayor and City Clerk to execute the Grant Agreement allowing the City to receive $242,127.97. Staff also recommends Council authorizes the Mayor and City Clerk to execute the Deed of Right to Use Land for Public Recreation Purposes, thereby retaining the property for park use in perpetuity. Enclosures Cc: Marty Wine, Assistant Chief Executive Officer Bonnie Walton, City Clerk Iwen Wang, Finance & IS Administrator Ann Nielsen, Assistant City Attorney cAdocuments and settings\seth\local settings\temporary internet files\content.outlook\spsdk6fz\heritage park grant reimbursement. doc -y WASHINGTON STATE Recreation and Conservation Office WWRP Project Agreement Outdoor Recreation Account Project sponsor: Renton Parks Department Project Title: Renton Heritage Park Acquisition A. PARTIES OF THE AGREEMENT Project Number: 03-1157A Approval Date: 8/24/2009 This project grant agreement (agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Renton by and through the Renton Parks Department (sponsor), 1055 S Grady Way 5th FI, Renton, WA 98055 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject project is described on the attached project summary. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on January 27, 2003 and end on May 31, 2010. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement or specifically provided for by funding board/office policy. Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time extension is not made at least 60 days before the agreement end date, the request may be denied. If the request is made after the agreement end date, the time extension will be denied. E. ON -GOING OBLIGATION For acquisition projects the project sponsor's on -going obligations shall be in perpetuity and shall survive the completion/termination of this project agreement unless otherwise identified in the agreement or as approved by the funding board. It is the intent of the funding board's conversion policy (see section 26) that all lands acquired with funding assistance remain in the public domain in perpetuity. PROJECT FUNDING The total grant award provided by the funding board/office for this project shall not exceed $242,127.97. The funding board/office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be responsible for all total project costs that exceed this amount The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: RCFB - WWRP - Local Parks Project Sponsor Total Project Cost G. RIGHTS AND OBLIGATIONS Percentage 50.00% 50.00% 100.00% Dollar Amount $242,127.97 $242,127.97 $484,255.94 All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, project summary, eligible reimbursement activities report, and project milestones, all of which are incorporated herein. Except as provided herein, no amendment/deletions of any of the terms or conditions of this agreement will be effective unless provided in writing. All such amendment/deletions except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's director or designee. The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in these documents. WWRP Project Agreement - RCO #03-1157A Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Outdoor Recreation Account Page 1 of 13 H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A.15 RCW, Chapter 286 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS (none) J. FEDERAL FUND INFORMATION (none) K. PROJECT AGREEMENT REPRESENTATIVE All written communications sent to the sponsor under this agreement will be addressed and delivered to: Proiect Contact Name: Leslie Betlach Title: Parks Director Address: 1055 S Grady Way 5th FL Renton. WA 98055 RCFB Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, with all amendments and attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project 03-1157A, shall be effective on signing by all parties. Reimbursements for eligible and allowable costs incurred prior to the effective date and those costs incurred within the period of performance are allowed only when this agreement is signed by all parties and an original is received by RCO. The period of performance is identified in section D. The signators listed below represent and warrant their authority to bind the parties to this agreement. Renton Parks Department By: Name: (printed) Title: State of Washington On behalf of the Recreation and Conservation Funding Board (RCFB) By: Kaleen Cottingham Director, Recreation and Conservation Office Pre -approved as to form: By: /s/ Assistant Attorney General Date: Date: Date: April 1, 2009 WWRP Project Agreement -.RCO #03-1157A Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Outdoor Recreation Account Page 2 of 13 'Y WASHINGTON STATE Recreation and -: Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Renton Parks Department Project Number: 03-1157A Project Title: Renton Heritage Park Acquisition Approval Date: 8/24/2009 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project agreement and/or any revisions in the future. B. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this agreement. C. Definitions. As used throughout this agreement, the following terms shall have the meaning set forth below: acquisition - The gaining of rights of ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property. agreement - The accord accepted by all parties to the present transaction; this agreement, any supplemental agreements, any amendments to this agreement and any intergovernmental agreements. applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding board. application - The forms and support documents approved by the funding board or its director for use by applicants in soliciting project funds administered by RCO. asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement. This definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements. contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate agreement with the sponsor. The term "contractor' and "contractors" means contractor(s) in any tier. corporate sponsor - Any corporate form of business, including nonprofit organizations, under RCW 23, 23B and 24. development/renovation - Construction of or improvement of site or site facilities. director - The chief executive officer of the Recreation and Conservation Office or that person's designee. elements and items - Components defined as part of the scope of work, see Section 26 B. funding board - The board that authorized the funds in this agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. landowner agreement - A landowner agreement is required between a sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. milestone - An important event with a defined deadline for an activity related to implementation of a funded project. period of performance - The time period specified in the agreement, under Section D, period of performance. post evaluation summary - One of the documents used to summarize and describe the actions undertaken in the agreement. project - The undertaking that is the subject of this agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the agreement. restoration/enhancement - Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement; includes its officers, employees, agents and successors. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor shall undertake the project as described in this agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 34. Timely completion of the project is important Failure to meet critical milestones or complete the project, as set out in this agreement, is a material breach of the agreement. WWRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 3 of 13 PROJAGR.RPT SECTION 3. ASSIGNMENT Neither this agreement, nor any claim arising under this agreement, shall be transferred or assigned by the sponsor without prior written consent of the funding board. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement, the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, or to any third party, other than as is expressly set out in this agreement. The responsibility for the implementation of the project, is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, defend and hold harmless the State and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature arising out of or incident to the sponsor's or any contractor's performance or failure to perform the agreement. Sponsor's obligation to indemnify, defend and hold harmless also includes any claim by sponsor's agents, employees, representatives or any contractor or its employees. Sponsor's obligation to defend includes payment of any costs or attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) RCO, its agents or employees and (b) the sponsor, its contractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the sponsor or its contractors, agents, or employees. The sponsor expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the State and its agencies, officials, agents or employees. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this agreement. In the event this agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project. B. Signs. The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project, and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. VWVRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 4 of 13 PROJAGR.RPT SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsors noncompliance or refusal to comply with any nondiscrimination law or policy, the agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Prevailing Wage The sponsor agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with the provisions of the Davis -Bacon Act, other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES The real property acquired, developed, renovated, or restored through this grant is subject to Governor's Executive Order (EO) 05-05 or compliance with Section 106 of the National Historic Preservation Act concerning the review, analysis, and consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources. The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. In the event that a federal agency declines to consult, the sponsor shall comply with EO 05-05. The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. RCO will issue a notice to proceed (if applicable) when appropriate documentation has been received. RCO will not reimburse for construction related activity until the sponsor demonstrates compliance. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. In the event that human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. SECTION 11. HAZARDOUS SUBSTANCES A Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (11) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); VWVRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 5 of 13 PROJAGR.RPT 4. Petroleum or petroleum products; and 5. Any substance or category of substances, including solid waste decomposition products, determined by the director [or director's designee] of the department of ecology by rule to present a threat to human health or the environment if released into the environment. 6. The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. B. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." C. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. D. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attomeys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property being acquired. SECTION 12. RECORDS MAINTENANCE The sponsor shall maintain books, records, documents, data and other evidence relating to this agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. Sponsor shall retain such records for a period of six years from the date RCO closes the project. At no additional cost, these records, including materials generated under the agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. SECTION 13. PUBLIC RECORDS Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this agreement shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130 (8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the funding board. SECTION 14. ACCESS TO DATA In compliance with chapter 39.29 RCW, the sponsor shall provide access, when requested, to data generated under this agreement to RCO, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. SECTION 15. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets shall be used only for the purpose of this agreement, unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. SECTION 16. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. If a landowner agreement has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 17. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. WWRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 6 of 13 PROJAGR.RPT SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS "Lower tier participants" refer to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. In this section, the sponsor certifies to RCO that neither they nor their subgrantees are suspended or debarred. Any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor certifies to the sponsor directly. For any federally funded projects, sponsors are required to follow any federal requirements. Furthermore any federal funding requirements will be passed on to any other entity to whom the sponsor passes funds (also referred to as a lower tier participant). The sponsor (prospective lower tier participant) certifies, by signing this agreement, that neither it nor its principals nor any other lower tier participants are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Should the prospective lower tier participant enter into a covered transaction with another person at the next lower tier, the sponsor (prospective lower tier participant) agrees by signing this agreement that it will verify that the person with whom it or its lower tier participant intends to do business is not excluded or disqualified. The sponsor (prospective lower tier participant) will do this by: A. Checking the federal Excluded Parties List System (www.epls.gov) for that person; or B. Collecting a certification from that person; or C. Adding a clause or condition to the covered transaction with that person. The sponsor (prospective lower tier participant) agrees by signing this agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. SECTION 19. PROJECT FUNDING A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the effective date of this agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre -agreement costs. The dollar amounts identified in this agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this agreement, the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation. SECTION 20. PROJECT REIMBURSEMENTS A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their vendors. Compliance and Payment. The obligation of RCO to pay any amount(s) under this agreement is expressly conditioned on strict compliance with the terms of this agreement by the sponsor. C. Compliance and Retainage. RCO reserves the right to withhold disbursement of the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the agreement are done; 2. On -site signs are in place (if applicable); 3. A final project report is submitted to RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; The completed project has been accepted by RCO; Final amendments have been processed; and Fiscal transactions are complete. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current RCO policies and procedures regarding reimbursement requirements. WWRP Project Agreement - RCO #03-1157A Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Outdoor Recreation Account Page 7 of 13 SECTION 21. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTION 22. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this agreement in accordance with state and federal laws, and/or the provisions of the agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 23. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this agreement without liability or, in its discretion, to deduct from the agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provisions shall be in force only if the project described in this agreement is for development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Document Review and Approval. The sponsor agrees to submit one copy of all development/restoration or construction plans and specifications to RCO for review. Review and approval by RCO will be for compliance with the terms of this agreement. B. Contracts for Development or Restoration. Sponsor shall award all contracts for construction, development or restoration using whatever method is appropriate and required for the sponsor. C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (land owner agreement, long term lease agreement, easement, or fee simple ownership) for the land proposed for development or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and "Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website. SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this agreement, the sponsor agrees to supply evidence to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title. The sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. WWRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 8 of 13 PROJAGR.RPT 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)—Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this agreement, the sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10 - Archaeological and Cultural Resources before structures are removed or demolished. G. Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement, if to be developed in the future, is subject to section 10 (Archaeological and Cultural Resources) prior to any ground disturbing activity. SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy, current or as amended in the future, that all real property or facilities acquired, developed and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the agreement or as approved by the funding board. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. A. A conversion occurs when one or more of the following has taken place, whether affecting an entire site or any portion of a site funded by the funding boards. 1. Conveyance. Property interests are conveyed for purposes inconsistent with the original grant request.. 2. Conveyance to Ineligible Third Party. Property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was derived. 3. Non -eligible Uses. A use occurs that is inconsistent with the original grant request. 4. Non -eligible Facilities. Non -eligible facilities are developed within the project area. 5. Termination of Public Use. When public use, as described in the original grant request, is temporarily or permanently terminated or excluded. 6. Environmental Functions. For habitat projects, if the property acquired, restored or enhanced no longer provides the environmental functions for which funding board grants were originally approved. VWVRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 9 of 13 PROJAGR.RPT B. Changing a project's elements and items. When approved by the funding board or director, certain elements and items may be deleted from the agreement without being considered a conversion. In the following instances the board may authorize changes without invoking the requirement to replace the elements and items. Such deletions are allowed when the funding board or director determines that the elements and items are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached 5. Fire 6. Permit requirements that disallow specific elements 7. Reversion Order (National Trails System Act 8(d), 16 U.S.C. § 1247(d); WAC 286-27-060(2)). SECTION 27. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. C. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION 28. INCOME AND INCOME USE A. Income. 1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the agreement. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW). B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the agreement, unless precluded by state or federal law, the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development SECTION 29. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. VWVRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 10 of 13 PROJAGR.RPT SECTION 30. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the_range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement, the funding board and RCO does not- assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF General Provisions as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 33. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8 - Acknowledgement and Signs, • Section 11 - Hazardous Substances, • Section 17 - Stewardship and Monitoring • Section 26 - Restriction on Conversion of Real Property and/or Facilities to Other Uses, and • Section 25 - Provisions Applying to Acquisition Projects Sub -sections D, E, F and G. SECTION 34. ORDER OF PRECEDENCE This agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order. A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B. Project agreement including attachments; C. Special Conditions; D. Standard Terms and Conditions of the Project Agreement WWRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 11 of 13 PROJAGR.RPT SECTION 35. AMENDMENTS This agreement may be amended by mutual agreement of the parties only. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 36. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this agreement is not effective or binding unless made in writing and signed by RCO. SECTION 37. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original agreement. SECTION 38. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this agreement. SECTION 39. TERMINATION AND OTHER REMEDIES The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement: A. In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement; or B. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this agreement. Included in progress is adherence to milestones and other defined deadlines. In the event this agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. The funding board and RCO may enforce this agreement by the remedy of specific performance, which usually will mean completion of the project as described in this agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this agreement, or under any provision of law, common law, or equity. SECTION 40. NON -AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management (OFM) to RCO for expenditure for this agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this agreement shall terminate. Termination of the agreement under this section is not subject to appeal by the sponsor. SECTION 41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this agreement, in whole or in part. If this agreement is so terminated, RCO shall be liable only for payment required under the terms of this agreement for services rendered or goods delivered prior to the effective date of termination. VVVVRP Project Agreement - RCO #03-1157A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAG Page 12 of 13 PROJAGRAPT SECTION 42. DISPUTE HEARING Except as may otherwise be provided in this agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 43. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 44. GOVERNING LAWIVENUE This agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this agreement, venue shall be proper only in Thurston County Superior Court. The sponsor, by execution of this agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and to the implementation of any judgment. This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attomeys' fees. SECTION 45. SEVERABILITY The provisions of this agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. WWRP Project Agreement - RCO #03-1157A Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Outdoor Recreation Account Page 13 of 13 Washington Wildlife and Recreation Program Local Parks Category Post -Evaluation Project Summary TITLE: Renton Heritage Park Acquisition NUMBER: 03-1157A (Acquisition) STATUS: Director Approved SPONSOR: Renton Parks Department EVALUATION SCORE: 53.2222 BOARD RANKING: 5 of 8 COSTS: SPONSOR MATCH: WWRP - Local Parks $242,128 50% Appropriation \ Cash Local $242,128 50% Total $484,256 100% DESCRIPTION: This project acquires three (3) parcels totaling 2.4 acres, all of which are located between three (3) parcels currently owned by the City of Renton. With this acquisition, the six parcels create a 9.18-acre neighborhood park within the City of Renton and King County. 4.18 acres of the park will be protected for recreation purposes. LOCATION INFORMATION: The project site is located in east Renton in King County. COUNTY: King ,COPE (ELEMENTS): Administrative costs Allowable land costs ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Dev/Restored Be Renovated Uplands 2.40 FISCAL YEAR: 2005 I DATE PRINTED: November 4, 2009 1PAPSUMI.RPT Renton Heritage Park Acquisition Eligible Reimbursement Activities Report Project Sponsor: Renton Parks Department Project Number: 03-1157 A Project Title: Renton Heritage Park Acquisition Approval: 8/24/2009 Acquisition Items: Worksite Property Element Item #1, Heritage Park Heather Downs Property Administrative costs Administrative costs #1, Heritage Park Heather Downs Property Allowable land costs Land ELIGREIM.RPT November 3, 2009 Page: Legal Description 13roject Sponsor: Renton Parks Department Project Title: Renton Heritage Park Acquisition Worksite Name Property Name Legal Description Project Number: 03-1157 A IAC Approval: 08/24/2009 Worksite #1 Heritage Park Heather Downs Property The legal description for this property is captured in the Special Warranty Deed recorded in the King County Auditor's Office on January 27, 2003 under Auditor File No. El935680 and is included in the RCO project file. LEGALDSC.RPT November 4, 2009 Page 1 Milestone Report By Project Project Number: Project Name: Sponsor: Project Manager: 03-1157 A Renton Heritage Park Acquisition Renton Parks Department Laura Moxham x x Milestone Project Start Target ..Comments/Description 01/27/2003 x I Order Appraisal/Review 01/27/2003 X I Purchase Agreement Signed 01/27/2003 x Environmental Assess Complete 01/27/2003 x Survey Complete 01/27/2003 X I Acquisition Closing 01/27/2003 Waiver Number: 03-03 x I Cultural Resources Completed 08/19/2009 Proposed Completion Date 05/31/2010 Project Complete 05/31/2010 Progress Report Submitted 07/30/2010 Recorded Documents to Mgmt Agy 07/30/2010 Final Docs/Billing to Mgmt Agy 07/31/2010 X = Milestone Complete 1 = Critical Milestone MILESTO.RPT November 04, 2009 Page: CITY OF RENTON, WASHINGTON RESOLUTION NO. 3633 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR A WASHINGTON WILDLIFE AND RECREATION PROGRAM (WWRP) PROJECT TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC). [HEATHER DOWNS PROPERTY ACQUISITION] RES.979:5/1/03:ma " 1ACMwuALSW-JANuARr27.2003 RESOLUTION 3633 19 APPucxnoN 2003 - V WRP, L.ocALPumm 11. WWRP: Authorizing Resolution Local Agencies a* —You may reproduce on Woven Paper; hail my not dmcr— Organization Name City of Renton Rw*tbon No. 3633 PwjectName(s) Heather Downs Property Acquisition A resolugon auth=wQ appkafion(s) for icaxft assistance for a Washington Wk ife and Recrea5on Program (WWRP) pmjed fo the Interagency Committee for Outdoor Rem5on (IAC) as provided In Chapter 79A15 RCW, Acquisition of Habd* Conservation and Outdoor Recreation Lands. WHEREAS, our agw&ation has approved a eomprehen" plan that rAides On project area. and WHEREAS, under the provisions of WWRP, state brrrdng assistance is requested to aid In 5nancing the cost of laird acquisition and/or facirly development; and WHEREAS, our organization considers I in the hest public interest b complete the land acquisition project described in the application; NOW, THEREFORE, BE IT RESOLVED, that 1. The Mayor [►uvq►; t cmp PREsro�rr, ETC ] be wftdzed 10 make formal application lo IAC for furxfmg assistance; 2 Any fund assistance moeived be used for implementation of tie projed referenced above; 3. Our organ'rta(ion hereby wfifi s prat its share of project funding is committed and vd be derived from Park Mitigation Funds I SPONSORMaTCHMPS Maj; 4. We admowledge 1W we are reMmnsible for mfforfM all raKash corn mUments to the sponsor share shardd they not mateWwe; ( ruble ] 5. We a*vMedge that any property acquired or fadity developed wfth IAC 6nandal aid must be placed in use as en outdoor recreation facility and be retained in such use in perpeb* wiess otherwise provided and agreed to by our organization and IAC (gener* 1AC approves removing fadGSes from the perpetudy regrrt wnent when the balm have reached their designed Ke wpedancy, or because of exhaordr W vamdalism, ads of nakm tire, etc j; 6. lbs resolution becomes part of a formal application to IAC; and- 7. We provided appropriate opporkrrrity for public comment on pus applicaSon. This resolution was adopted by our organaation during the meeting held: p�oca5on Renton City Hall Dane V—V2003 Signed and approved Mowkv repesentative: Tile.. Mayor Date_ S-S-�003 Attest ` J Approved as to form Ka o i M A AIA ___,fat Format. The Deed of Right must be recorded with the county. As such, it must meet the format requirements of RCW 65.04.045, including proper display of the address of the party to whom it must be returned (in this case, IAQ; page, margin, and font size; titles, etc. Check with the county auditor or recording officer for specific requirements. DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES The Grantor, for and in consideration.{cif m whole or in part from the Outdoor Recreation Account of the GepAut Washington and in fulfillment of terms of the Project Agreement id-' and grants to the State of Washington individually and as the representat of the State, the right to use the real property described below forever for recreation purposes. Those purposes are described in the Project Agree ent ente ",' the State of Washington through the Recreatio �ari�d-r�serva Project Number signed the Gr and by the Recreation and Conservation ffict=.oti the day of. and supporting materials which are o e with�t��Gantor and the Project Agreement. i coming in o)f= State of all Grantor and r,Ari the day of and the application state in connection with The Grantor will not make or permit to %m ,b,-.ny use Vthe real property described in this deed, or any part of it, which�s inconsiste1 wig e rig�Ct to use for public outdoor recreation herein granted � �. fate, oug t, Y'�Recreation and Conservation Office or f„t its successors, consents to the ons;r�se. which consent shall be granted only upon conditions which will ensure that Cher o ar recreation land of at least equal fair market value at the time o .change of use and of as nearly as feasible equivalent usefulness and location for the pu ecxeation purpksesJor which state assistance was originally granted ., will be substituted irie� r providdin RCW 79A.25.100 for marine recreation land, whether or not the re`, pro� d by this deed is marine recreation land. RCW 79A.29 :I E� reads as 66 s: ,"AUrine recreation nd with respect to which money has been expended under RCW 3 � czadifieti kW 79a.25.080) shall not, without the approval of the crnnfee, e nv'rted to uses other than those for which such expenditure was 99 originally appred. The committee shall only approve any such conversion upon conditi Ws whi& will assure the substitution of other marine recreation land of at least equal fa 'arket value at the time of conversion and of as nearly as feasible equivalent usefulness and location." The real property covered by this deed is described as follows: r i This deed shall in no way modify or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's functions to operate and maintain the land as set out in the Project Agreement. Dated this day of , 20 By: Title ATTEST: STATE OF WASHINGTON) : SS. COUNTY OF ) THIS IS TO CERTIFY that on this day of undersigned Notary Public in and for the State of gtO sworn, personally appeared 4 of the that execlthe fc they signed and sealed the same as the foe u lasand on oatstate k, h.. instrument and that the seal a gO�e s & of 20 4.befoo me the v comconed and This inddual is known to be the deed and acknowledged to me that o and deed of said v were authorized to execute said WITNESS my hand �� seal the Wand year in this certificate first above written. r�: State of Washington, residing in My commission County. 0 Y CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SIGNATURES FOR DEPOSITORIES AND ELECTRONIC FUND TRANSFERS ON BEHALF OF AND IN THE NAME OF THE CITY OF RENTON. WHEREAS, the City of Renton maintains one or more accounts at one or more qualified public depositories, including the state operated Local Government Investment Pool for primary banking, investing, or third party trust agreement purposes; and WHEREAS, the City's appointed Finance & Information Services Administrator is hereby authorized and directed to open and maintain these accounts as required from time to time on behalf of and in the name of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The depositories are hereby authorized to honor and pay checks, drafts, and similar instruments in the name of the City of Renton and signed by any one of the following officers and officials of the City of Renton: Title Mayor Finance & Information Services Administrator SECTION Ill. Any of the above named officers or officials are further authorized to endorse any such checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing same into the City's accounts. 1 RESOLUTION NO. SECTION IV. The designated depository for the account in the name of City of Renton Municipal Court (Municipal Court account) is hereby authorized to honor and pay checks, drafts, and similar instruments signed by the Court Services Director or Municipal Court Judge. The Director or Judge are further authorized to endorse checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing the same into the Municipal Court account. SECTION V. The following individuals are authorized to initiate and/or approve electronic fund transfers for the purposes of disbursing and depositing City funds for the purposes of investing, cash management, and accomplishing authorized City business in the City's name: Title Finance & Information Services Administrator Fiscal Services Director Financial Services Manager Finance Analyst Initiate Approve Yes Yes Yes Yes Yes Yes Yes Yes SECTION VI. There shall be no obligation on the part of the depositories to see the application of funds in any case whatsoever, and that a true copy of this resolution be certified and delivered to each said depository at the time any such account is opened on behalf of the City of Renton. SECTION VII. This resolution is effective November 23, 2009. Resolution No. 3945, which was passed and approved on May 5, 2008, is hereby repealed. 2 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney RES.1430:11/13/09:scr Denis Law, Mayor 3 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, URGING THE WASHINGTON STATE LEGISLATURE TO ACT QUICKLY TO ESTABLISH A JOINT UNDERWRITING ASSOCIATION TO MAKE SUPPLEMENTAL FLOOD INSURANCE AVAILABLE TO GREEN RIVER VALLEY BUSINESSES. WHEREAS, the U.S. Army Corps of Engineers, joined by state and local officials, has recently notified the public that seepage through the right abutment of the Howard Hanson Dam will reduce the dam's ability to hold back waters in the event of a severe rainstorm or flood conditions; and WHEREAS, these structural problems at the Howard Hanson Dam increase the potential that floods could occur and flood waters could spill over the top of Green River levees; and WHEREAS, both media coverage and public comments regarding this issue have created undue panic and the belief that winter flooding is inevitable rather than at an increased risk; and WHEREAS, federal, state, and local elected officials have urged citizens and business owners to take precautionary steps and to obtain flood insurance; and WHEREAS, the perception of the increased risk has significantly lessened the availability of insurance for those who need it; and WHEREAS, the scarcity of adequate insurance coverage is a hardship for many Green River Valley area businesses, in that the National Flood Insurance Program limits of five hundred thousand dollars ($500,000) for a building and five hundred thousand dollars ($500,000) for its contents, are grossly inadequate for commercial, distribution, and 1 RESOLUTION NO. warehousing firms that depend on the operation of multi millions of dollars worth of equipment; and WHEREAS, this leaves many businesses either unable to insure their operations, subject to dramatically increased costs, or both; and WHEREAS, the combined effect of growing flooding fears and a diminishing supplemental insurance market, has businesses reevaluating their location in the Green River Valley, or electing not to locate their operations in what has traditionally been a very business - conducive, business -friendly place to operate; and WHEREAS, this growing insurance crisis is beginning to threaten the economic underpinnings of the Green River Valley, which, as the west coast's second largest warehouse distribution complex, has an estimated payroll in excess of $8 billion, is a distribution lifeline for railroads and the Ports of Seattle and Tacoma, and is a critical employment hub for the Central Puget Sound and the State of Washington; and WHEREAS, there is now a tremendous and urgent need to establish a quick market for businesses in need of supplemental insurance to obtain such insurance, and further, to temper the anxieties regarding the flood insurance market; and WHEREAS, the Washington State Legislature has the ability to establish a joint underwriting association ("JUA") that can assure the creation of a supplemental insurance market, which has a history of proven success in prior years when insurance availability crises impacted contractors and midwives; and 2 RESOLUTION NO. WHEREAS, given the lead time it would take to establish a JUA, take administrative steps to form it, and have insurance available to Green River Valley area businesses, the time for action is immediate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION 111. The City Council strongly supports action by the Washington State Legislature to enact legislation that establishes a JUA for Green River Valley area businesses to tap into for supplemental flood insurance. SECTION III. The City Council urges the Governor of the State of Washington and the Washington State Legislature to act in the most expeditious manner possible, perhaps even in Special Session if that can .be achieved, to enact JUA legislation that provides relief for businesses. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Denis Law, Mayor 2009. W RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1431:11/16/09:scr CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATING TO THE COUNTY REGULAR PROPERTY TAX LEVIES FOR COLLECTION IN 2010; IMPLEMENTING RCW 84.55.0101, FINDING SUBSTANTIAL NEED AND PROVIDING FOR A LIMIT FACTOR OF ONE HUNDRED PERCENT (100%) AND BANKING ONE PERCENT (1%) FOR FUTURE NEEDS. WHEREAS, RCW 84.55.005 establishes the "Limitations Upon Regular Property Taxes" which all taxing jurisdictions must use in calculating the amount of regular property tax levy which may be levied to provide governmental services; and WHEREAS, the limitation is generally restricted to a "limit factor", which is equal to the lower of one percent (1%) or inflation. Inflation is measured as the percentage change in the "implicit price deflator" (IPD) as published for the most recent twelve-month period by the Federal Department of Commerce in September of the year before the taxes are payable; and WHEREAS, the September 2009 IPD is negative 0.848%, therefore, the City's 2010 Property Tax levy would have been 99.152% of the regular property taxes levied by the City in 2009, together with certain increases in assessed valuations as set forth by law; and WHEREAS, notwithstanding the foregoing general limitations, RCW 84.55.0101 permits the City to adopt, as a limit factor, a percentage increase up to 101% provided that the Council enters a finding of substantial need and approves the increased limit factor by an affirmative vote of a majority plus one vote; and WHEREAS, the Council has held two public hearings in regard to the 2010 Annual . Budget which included consideration 'of revenue sources for anticipated current expenses to provide City services, and possible increases in property tax revenues; and 1 r ORDINANCE NO. WHEREAS, the City has made $15 million reduction in service costs over the past eighteen months and the Proposed Budget included an additional General Governmental cost reductions in excess of $6.8 million; and WHEREAS, the Council is concerned when many City residents and businesses are facing unprecedented financial challenges about balancing the effect of increasing the tax levy against the increased services demands from those in need; and WHEREAS, based on the above findings, the Renton City Council finds that a substantial need exists for the use of the property tax limit factors to set the property tax levy rate at one hundred percent (100%) of the 2009 rate; and WHEREAS, there are substantial challenges economically for the year 2011 and beyond which create a further substantial need including: • The local economic impact of the present recession and projected future financing challenges; • The substantial infrastructure needs for transportation improvements, necessary improvements to existing City operational facilities, and community parks, fields, and recreation facilities including those projects listed on the City's Capital Improvement Plan; • Startup and construction interest costs for the new South Correctional Entity Facility needed by 2012; • Funding for additional emergency and disaster recovery capabilities; and • Funding to close the projected structural defect in the budget; 2 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. Future substantial need exists whereby the Council elects to charge in 2010 one hundred percent (100%) of the property tax levy for 2009, under the authority of RCW 84.55.0101, to produce revenues sufficient to meet 2010 current expenses. SECTION III. The regular property levy, excluding the increase resulting from the addition of new construction and improvements to property and any increase in state -assessed property, is authorized for collection in 2010 in the amount of $31,066,442 which is zero percent (0%) increase from the amount authorized for the previous year, together with any increases from annexation, new construction, state -assessed properties and all allowable levies. SECTION IV. Future substantial need exists and the Council elects to bank one percent (1%) of the allowed property tax levy to protect future levy capacity above the rate of inflation up to the maximum allowed by law. SECTION V. This ordinance has been passed by the affirmative vote of at least a majority plus one of the whole membership of the City Council. SECTION VI. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk 3 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1602:11/12/09:scr Denis Law, Mayor 4 ��/-a3 aoo9 CITY OF RENTON, WASHINGTON RESOLUTION NO. D�(p A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, URGING THE WASHINGTON STATE LEGISLATURE TO ACT QUICKLY TO ESTABLISH A JOINT UNDERWRITING ASSOCIATION TO MAKE SUPPLEMENTAL FLOOD INSURANCE AVAILABLE TO GREEN RIVER VALLEY BUSINESSES. WHEREAS, the U.S. Army Corps of Engineers, joined by state and local officials, has recently notified the public that seepage through the right abutment of the Howard Hanson Dam will reduce the dam's ability to hold back waters in the event of a severe rainstorm or flood conditions; and WHEREAS, these structural problems at the Howard Hanson Dam increase the potential that floods could occur and flood waters could spill over the top of Green River levees; and WHEREAS, both media coverage and public comments regarding this issue have created undue panic and the belief that winter flooding is inevitable rather than at an increased risk; and WHEREAS, federal, state, and local elected officials have urged citizens and business owners to take precautionary steps and to obtain flood insurance; and WHEREAS, the perception of the increased risk has significantly lessened the availability of insurance for those who need it; and WHEREAS, the scarcity of adequate insurance coverage is a hardship for many Green River Valley area businesses, in that the National Flood Insurance Program limits of five hundred thousand dollars ($500,000) for a building and five hundred thousand dollars ($500,000) for its contents, are grossly inadequate for commercial, distribution, and 1 RESOLUTION NO. warehousing firms that depend on the operation of multi millions of dollars worth of equipment; and WHEREAS, this leaves many businesses either unable to insure their operations, subject to dramatically increased costs, or both; and WHEREAS, the combined effect of growing flooding fears and a diminishing supplemental insurance market, has businesses reevaluating their location in the Green River Valley, or electing not to locate their operations in what has traditionally been a very business - conducive, business -friendly place to operate; and WHEREAS, this growing insurance crisis is beginning to threaten the economic underpinnings of the Green River Valley, which, as the west coast's second largest warehouse distribution complex, has an estimated payroll in excess of $8 billion, is a distribution lifeline for railroads and the Ports of Seattle and Tacoma, and is a critical employment hub for the Central Puget Sound and the State of Washington; and WHEREAS, there is now a tremendous and urgent need to establish a quick market for businesses in need of supplemental insurance to obtain such insurance, and further, to temper the anxieties regarding the flood insurance market; and WHEREAS, the Washington State Legislature has the ability to establish a joint underwriting association ("JUA") that can assure the creation of a supplemental insurance market, which has a history of proven success in prior years when insurance availability crises impacted contractors and midwives; and 2 RESOLUTION NO. WHEREAS, given the lead time it would take to establish a JUA, take administrative steps to form it, and have insurance available to Green River Valley area businesses, the time for action is immediate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council strongly supports action by the Washington State Legislature to enact legislation that establishes a JUA for Green River Valley area businesses to tap into for supplemental flood insurance. SECTION III. The City Council urges the Governor of the State of Washington and the Washington State Legislature to act in the most expeditious manner possible, perhaps even in Special Session if that can .be achieved, to enact JUA legislation that provides relief for businesses. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor t1 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1431:11/16/09:scr CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SIGNATURES FOR DEPOSITORIES AND ELECTRONIC FUND TRANSFERS ON BEHALF OF AND IN THE NAME OF THE CITY OF RENTON. WHEREAS, the City of Renton maintains one or more accounts at one or more qualified public depositories, including the state operated Local Government Investment Pool for primary banking, investing, or third party trust agreement purposes; and WHEREAS, the City's appointed Finance & Information Services Administrator is hereby authorized and directed to open and maintain these accounts as required from time to time on behalf of and in the name of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1. The above findings are true and correct in all respects. SECTION II. The depositories are hereby authorized to honor and pay checks, drafts, and similar instruments in the name of the City of Renton and signed by any one of the following officers and officials of the City of Renton: Title Mayor Finance & Information Services Administrator SECTION 111111. Any of the above named officers or officials are further authorized to endorse any such checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing same into the City's accounts. 1 RESOLUTION NO. SECTION IV. The designated depository for the account in the name of City of Renton Municipal Court (Municipal Court account) is hereby authorized to honor and pay checks, drafts, and similar instruments signed by the Court Services Director or Municipal Court Judge. The Director or Judge are further authorized to endorse checks, drafts, or other instruments made payable to the City of Renton for the purpose of depositing the same into the Municipal Court account. SECTION V. The following individuals are authorized to initiate and/or approve electronic fund transfers for the purposes of disbursing and depositing City funds for the purposes of investing, cash management, and accomplishing authorized City business in the City's name: Title Finance & Information Services Administrator Fiscal Services Director Financial Services Manager Finance Analyst Initiate Approve Yes Yes Yes Yes Yes Yes Yes Yes SECTION VI. There shall be no obligation on the part of the depositories to see the application of funds in any case whatsoever, and that a true copy of this resolution be certified and delivered to each said depository at the time any such account is opened on behalf of the City of Renton. SECTION VII. This resolution is effective November 23, 2009. Resolution No. 3945, which was passed and approved on May 5, 2008, is hereby repealed. 2 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney RES.1430:11/13/09:scr Denis Law, Mayor 3 1 - red c t`cb/pg CITY OF RENTON, WASHINGTON ORDINANCE NO. 6_5041 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATING TO THE COUNTY REGULAR PROPERTY TAX LEVIES FOR COLLECTION IN 2010; IMPLEMENTING RCW 84.55.0101, FINDING SUBSTANTIAL NEED AND PROVIDING FOR A LIMIT FACTOR OF ONE HUNDRED PERCENT (100%) AND BANKING ONE PERCENT (1%) FOR FUTURE NEEDS. WHEREAS, RCW 84.55.005 establishes the "Limitations Upon Regular Property Taxes" which all taxing jurisdictions must use in calculating the amount of regular property tax levy which may be levied to provide governmental services; and WHEREAS, the limitation is generally restricted to a "limit factor", which is equal to the lower of one percent (1%) or inflation. Inflation is measured as the percentage change in the "implicit price deflator" (IPD) as published for the most recent twelve-month period by the Federal Department of Commerce in September of the year before the taxes are payable; and WHEREAS, the September 2009 IPD is negative 0.848%, therefore, the City's 2010 Property Tax levy would have been 99.152% of the regular property taxes levied by the City in 2009, together with certain increases in assessed valuations as set forth by law; and WHEREAS, notwithstanding the foregoing general limitations, RCW 84.55.0101 permits the City to adopt, as a limit factor, a percentage increase up to 101% provided that the Council enters a finding of substantial need and approves the increased limit factor by an affirmative vote of a majority plus one vote; and WHEREAS, the Council has held two public hearings in regard to the 2010 Annual Budget which included consideration of revenue sources for anticipated current expenses to provide City services, and possible increases in property tax revenues; and 1 ORDINANCE NO. WHEREAS, the City has made $15 million reduction in service costs over the past eighteen months and the Proposed Budget included an additional General Governmental cost reductions in excess of $6.8 million; and WHEREAS, the Council is concerned when many City residents and businesses are facing unprecedented financial challenges about balancing the effect of increasing the tax levy against the increased services demands from those in need; and WHEREAS, based on the above findings, the Renton City Council finds that a substantial need exists for the use of the property tax limit factors to set the property tax levy rate at one hundred percent (100%) of the 2009 rate; and WHEREAS, there are substantial challenges economically for the year 2011 and beyond which create a further substantial need including: • The local economic impact of the present recession and projected future financing challenges; • The substantial infrastructure needs for transportation improvements, necessary improvements to existing City operational facilities, and community parks, fields, and recreation facilities including those projects listed on the City's Capital Improvement Plan; • Startup and construction interest costs for the new South Correctional Entity Facility needed by 2012; • Funding for additional emergency and disaster recovery capabilities; and • Funding to close the projected structural defect in the budget; F6 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTOIN ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION If. Future substantial need exists whereby the Council elects to charge in 2010 one hundred percent (100%) of the property tax levy for 2009, under the authority of RCW 84.55.0101, to produce revenues sufficient to meet 2010 current expenses. SECTION III. The regular property levy, excluding the increase resulting from the addition of new construction and improvements to property and any increase in state -assessed property, is authorized for collection in 2010 in the amount of $31,066,442 which is zero percent (0%) increase from the amount authorized for the previous year, together with any increases from annexation, new construction, state -assessed properties and all allowable levies. SECTION IV. Future substantial need exists and the Council elects to bank one percent (1%) of the allowed property tax levy to protect future levy capacity above the rate of inflation up to the maximum allowed by law. SECTION V. This ordinance has been passed by the affirmative vote of at least a majority plus one of the whole membership of the City Council. SECTION VI. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk 3 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1602:11/12/09:scr Denis Law, Mayor 4 CITY OF RENTON, WASHINGTON I�r�pe� r fax ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2010 FOR BOTH GENERAL PURPOSES AND FOR VOTER APPROVED BOND ISSUES, AND ELECTING TO BANK ONE PERCENT (1%) OF THE LEGALLY PERMISSIBLE TAX LEVY TO PROTECT FUTURE LEVY CAPACITY. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2010; and WHEREAS, the City of Renton, after hearing and duly considering all relevant evidence and testimony presented, determined that, in order to discharge the expected expenses and obligations of the City and in its best interest, the City of Renton requires a regular levy in the amount of $31,800,000, which includes an increase in property tax revenue from the following sources: a) no increase from the previous year (zero percent (0%) increase), b) amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state -assessed property, and d) amounts authorized by law as a result of any annexations that have occurred and refunds made; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. The regular property tax levy is hereby authorized for the 2010 levy in the amount of $31,800,000. This includes revenue resulting from the following sources: a) a base levy at the same level as the previous year with zero percent (0%) increase, b) amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of 1 ORDINANCE NO. state -assessed property, and d) amounts authorized by law as a result of any annexations that have occurred, and e) refunds or omits made. SECTION II. The regular property tax level is limited by law to the lower of one percent (1%) or inflation, with inflation measured by the "implicit price deflator" (IPD). The IPD is currently negative. However, after a finding of substantial need, which has been made by separate legislation, the regular property tax levy may be increased up to one percent (1%). By Section I above, based upon substantial need, the regular property tax levy has been set at zero percent (0%) increase. By separate finding of substantial need, the additional one percent (1%) of the regular property tax levy permitted by law is hereby "banked" to protect future levy capacity above the rate of inflation up to the maximum allowed by law. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this day of . 2009. Bonnie I. Walton, City Clerk day of , 2009. 2 Denis Law, Mayor ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1603:11/12/09:scr f -.,IA4444� // -/6 -D 9 doee i� a3�9 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5503 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4, ANIMAL LICENSES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY RENUMBERING SUBSECTIONS, PROVIDING FOR ANIMAL LICENSES AND INCLUDING A PENALTY PROVISION. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 4, Animal Licenses, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: CHAPTER 4 ANIMAL LICENSES SECTION: 5-4-1: Required Age For Licensing and Penalty for Violation 5-4-2: Annual Fees; Special Rates For Senior Citizens; Blind Persons With Seeing Eye Dogs 5-4-3: Application; Tag 5-4-4: Definitions 5-4-5: When Provisions Nonapplicable 5-4-6: Additional Animals 5-4-1 REQUIRED AGE FOR LICENSING AND PENALTY FOR VIOLATION: A. It shall be unlawful to own or keep a dog or cat of more than four (4) months of age within the City unless the owner or custodian thereof shall have a valid animal license for each such animal. B. A violation of this section shall constitute a civil infraction punishable as set forth in section 1-3-2 of this code. 1 ORDINANCE NO. 5-4-2 ANNUAL FEES; SPECIAL RATES FOR SENIOR CITIZENS; BLIND PERSONS WITH SEEING EYE DOGS: A. All animal licenses issued after January 1, 2010, shall be renewed annually upon the payment of applicable fees as set forth in the City's fee schedule brochure. B. For licenses issued prior to January 1, 2010, the renewal date shall be prior to the expiration of current license; upon which time the new license will be converted to an annual license. C. City residents sixty-two (62) years of age or older, if income qualified as set forth in Subsections 8-5-15D and E and Subsection 8-4-31C of the City Code, shall be entitled to purchase a special permanent animal license. Such qualified senior citizens shall not be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no person so qualified shall be granted more than three (3) permanent licenses for any combination of three (3) cats and dogs for which they are the registered owners. D. Residents of the City who are the owners or custodians of seeing eye dogs shall be exempt from the payment of the annual license fees for said dogs. For the purpose of this Chapter the term "blind person" shall mean a person who has no vision or whose vision, with correcting glasses, is so defective as to prevent the performance of ordinary activities for which eyesight is essential, and who is the owner or custodian of a seeing eye dog to assist such person. Such qualified person shall be eligible to receive from the Finance and 2 ORDINANCE NO. Information Services Administrator a license for such dog without any charge therefor. The Finance and Information Services Administrator shall require proper evidence of such eligibility as further set forth in RCW 74.16.030, et seq. Such license shall not be transferable and shall be specifically marked for such seeing eye dog. E. All applications for such licenses shall be made to the Finance and Information Services Administrator and the annual license fees shall be paid upon receipt of a renewal notice. In the event the owner or custodian of any such dog or cat fails to procure and fails to pay for such license fee at or before the renewal date, or within thirty (30) days of acquiring the ownership or custody of any such dog or cat, a late charge shall be added to the regular license fee. The City may require reasonable evidence to determine the date of acquisition or custody of any such dog or cat to ascertain whether a late charge shall be imposed. F. The Finance and Information Services Administrator is hereby authorized to permit the City's animal control officer, or any other custodian of animals impounded pursuant to the provisions of the City Code, and any duly licensed veterinarian practicing his profession within the City to sell and issue licenses. The Finance and Information Services Administrator may impose such additional regulations as may be reasonable to carry out the provisions of this Chapter. The Finance and Information Services Administrator is hereby authorized to provide, 3 ORDINANCE NO. by appropriate designation, the special permanent licenses for qualified senior citizens as hereinabove set forth. 5-4-3 APPLICATION; TAG: Said license shall be obtained by making application to the Finance and Information Services Administrator, or as otherwise provided for herein, upon forms approved and provided by the Finance and Information Services Administrator and upon payment of the required fee; thereupon the license tag, in such form as may be approved by the Finance and Information Services Administrator, will be issued to the applicant and said tag shall be attached firmly and securely to the collar worn at all times by the dog so licensed. In the event such tag has been lost or stolen, then the owner or custodian of such dog shall make prompt application unto the Finance and Information Services Administrator for a duplicate tag and such duplicate tag shall be issued by the Finance and Information Services Administrator upon payment of a duplicate tag fee. 5-4-4 DEFINITIONS: For the purpose of this Chapter, "owner" shall mean any person, firm or corporation owning, having an interest in, right of possession to, control, custody or possession of such an animal. 4 ORDINANCE NO. 5-4-5 WHEN PROVISIONS NONAPPLICABLE: The provisions relating to the licensing of animals shall not apply to such animals in the temporary custody of a veterinarian, or whose owners are bona fide nonresidents temporarily residing or visiting within the City. 5-4-6 ADDITIONAL ANIMALS: The keeping of additional animals may be allowed pursuant to RMC 4-9-100. Application shall be made to the Development Services Division. Upon approval of the issuance of an Additional Animals Permit by the Development Services Director, the Finance and Information Services Administrator shall be authorized to issue a license to keep additional animals to the applicant. The Additional Animals Permit shall be renewed annually upon payment of the required renewal fee and provided Animal Control and/or the Development Services Division has not revoked the permit, pursuant to RMC 4-9-1001. The first -year license fee shall be waived for those who receive an Additional Animals Permit. SECTION II. This ordinance shall be effective January 1, 2010. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor 5 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: OR D.1598:11/5/09:scr /sf� // i6-o9 CITY OF RENTON, WASHINGTON ORDINANCE NO. s09 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING FEES CONTAINED IN SECTIONS 4-1-150, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS), 5-1-2, 5-1-4, 5-1-5, 5-1-6, 5-1-7 AND 5-1-8; AND ADDING A NEW SECTION, 5-1-9, OF CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON-, AND ADOPTING THE FEE SCHEDULE BROCHURE BY REFERENCE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-150, Fire Prevention Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby repealed. SECTION II. Sections 5-1-2, 5-1-4, 5-1-5, 5-1-6 and 5-1-7 of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby repealed. SECTION III. Subsection 5-1-8A, Aviation Fuel Flowage Fees, of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: A. Aviation Fuel Flowage Fees: Wholesale fuel distributors of aviation fuel shall pay to the City of Renton a per gallon fuel flowage fee as set forth in the City's fee schedule brochure for fuel delivered to any location at the Renton 1 ORDINANCE NO. Municipal Airport with all of the revenue deposited in the Airport Fund that pays for the operation and maintenance of the Airport. SECTION IV. Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new section, 5-1-9, Fee Schedule Brochure, to read as follows: 5-1-9 FEE SCHEDULE BROCHURE: The Fee Schedule brochure, at least one copy of which is filed with the City Clerk, is hereby adopted by reference as amended and approved by the City Council from time to time. SECTION V. This ordinance shall be effective January 1, 2010. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1597:11/5/09:scr Denis Law, Mayor 2 2009-2010 CITY OF RENTON FEE SCHEDULE BROCHURE The following charges are hereby established by the City which shall be collected for the following instruments, reports, codes and services: A. Maps: Zoning maps - standard size $5.00 each Precinct maps - large size $2.50 each Comprehensive Plan map $2.00 each B. Plat: First page $1.00 Each additional page $0.50 C. Photostatic Copies: Up to ten (10) pages free. After the first ten (10) pages all pages, including the first ten (10), will be charged as follows: Per 8 1/2" x 11" or 8 1/2" x 14" $0.15 black -and -white single -sided page Per 11" x 17" single -sided page $0.20 Per color 8 1/2" x 11" or 8 1/2" x 14" $0.25 single -sided page D. Audio or Video Recording Copies: Audio recording, each copy $10.00 Video recording, each copy $15.00 d E. Regulations and Plans: Comprehensive Plan and Map $15.00 �, ,V 1 Title IV, Development Regulations: Text and Zoning Map $55.00 Text Only $50.00 Individual Chapters of Development Regulations: Chapter 1, Administration And $3.00 Enforcement (includes development fees) Chapter 2, Land Use District Regulations $10.00 (includes zone -related use restrictions and development standards) Chapter 3, Environmental Regulations And $5.00 Special Districts (includes wetland, shoreline, flood regulations, etc.) Shoreline Master Program only (includes $2.00 policies) Chapter 4, Property Development $7.00 Standards (includes sign, parking, landscaping regulations, etc.) Grading, Excavation And Mining N/C Regulations only Parking Regulations only $2.00 Sign Code only $2.00 Chapter 5, Building And Fire Prevention $3.00 Standards Chapter 6, Street And Utility Standards $3.00 Chapter 7, Subdivision Regulations $2.00 Chapter 8, Permits, Decisions And Appeals $4.00 Chapter 9, Procedures $5.00 Chapter 10, Nonconforming Uses, N/C Structures And Lots 2 Chapter 11, Definitions $4.00 Renton Municipal Code (two volumes) $200.00 Code Supplements, per year: Titles I - III and VI - X Title IV F. Miscellaneous Services: Certification and Notary Fees - Clerk's Certification Notary Public Attestation or. Acknowledgement or as otherwise provided for in RCW 42.28.090 $35.00 $35.00 $5.00 $3.00 per instrument (signature) Hold Harmless Agreements and other $10.00 each similar document not otherwise provided for Charge for fingerprint cards for $2.00 per set not to employment clearance, governmental exceed two (2) cards service, passport application, immigration or documents per and related matters person Lamination of Licenses, Pictures $3.00 Review of Shopping Cart Containment $100.00 and Retrieval Plans G. Budget: The sum of $5.00 for each copy of the City's budget except that no such charge shall be made for any copy of the City's annual budget when requested by any other municipality or quasi -municipal corporation or other nonprofit charitable or education organization. H. Miscellaneous Charges for Police Services: Police Reports one (1) to ten (10) pages $5.00 Over ten (10) to twenty (20) pages $15.00 Over twenty (20) pages $25.00 3 Certification of Copy of Report $1.00 Notarized Copy of Report $5.00 Record Checks (Written Response) $5.00 Letters of Clearance $5.00 Photographs (Black/White or Color)/each $5.00 Fingerprint Cards (not classified) $5.00 Each additional card $1.00 Miscellaneous Special Requests $5.00 Daily Charge for Walk -In Commitment $35.00 I. Charges for Documents: (Fire Department) Fire Incident Report $1.00 per report Aid Incident Report $1.00 per report Fire Inspection Report $1.00 per report Fire Investigative Report $3.00 per report Photographs and Prints: First Copy Black and White $6.00 each Color $7.00 each Additional Copy Black and White $2.50 each Color $3.50 each 4 Computer Listings: City of Renton new business list $5.00 List of all business licenses $10.00 Copies requested by outside parties N/C, ten (10) page (local fax number) limit Copies requested by outside parties (long distance fax number) One (1 ) —two (2) pages N/C Three (3) —five (5) pages $5.00 (minimum) Five (5) —Ten (10) pages (ten (10) page $1.00 per page limit) Utility Fees: Special Request Water Meter Reading $30.00 Utility New Account Setup $25.00 Utility Billing Account Transfer $5.00 Water Utility Outstanding Balance Search $25.00 Requested By Fax, Messenger or Letter Schedule of Fines for False Alarms: First, second and third false alarms N/C Fourth and fifth false alarms in a $50.00 each registration year (January 1 through December 31 each year) Sixth false alarm and successive false $100.00 each alarms in a registration year (January 1 through December 31 each year) Late Registration Penalty $50.00 Late False Alarm Payment Penalty $25.00 Appeal Hearing Cancellation Fee $10.00 5 M. Green Fees: The cost of golf course green fees shall be as follows: 18 Hole/Weekday $29.00 18 Hole/Weekend $35.00 9 Hole/Weekday $20.00 9 Hole/Weekend $20.00 18 Hole/Senior/Weekday $20.00 9 Hole/Senior/Weekday $15.00 18 Hole/Junior/Weekday $16.00 9 Hole/Junior/Weekday $12.00 For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining four days of the week. N. Club Rental: $15.00 0. Golf Cart Fees: 18 Hole fee $24.00 9 Hole fee $14.00 P. Driving Range Fees: Large Bucket $7.00 Small Bucket $4.00 Warm-up Bucket $2.00 Q. Lesson Fees: 1/2 Hour Private $40.00 1 Hour Private $60.00 1/2 Hour Series Private $140.00 L I Hour Series Private $220.00 Group Series $90.00 R. City Center Garage Parking Fees: 1. Short-Term/Retail Parking: Parking rates for retail parking will be as follows: Zero (0)—two (2) hours Free Two (2) —four (4) hours $2.00 Four (4) — six (6) hours $4.00 Six (6) or more hours $6.00 Retail parkers will register their space number and pay for parking at pay stations located in the garage first -floor lobbies. 2. Discounted Rate: A discounted rate for parking in the long-term, card -accessed areas of the garage and in City surface parking lots will be provided for any person or entity who lease(s) three (3) or more parking space(s) for at least a six (6) month period. The fees will be as follows: a. The following group rates will apply, except as provided below. Leases of three (3) to fifty (50) $30.00 per month, stalls per stall Leases of fifty-one (51) to $20.00 per month, one hundred (100) stalls per stall For leases of one hundred one (101) stalls or more, the fee schedule shall be identical to the King County Metro fee schedule, as shown in subsection b below. If a customer needs a replacement card because he/she either lost his/her card or broke it, he/she will be charged a $20.00 replacement fee. The Finance Department will be able to waive this fee for good cause, such as a broken card due to ordinary wear and tear. b. King County Metro Discounted Rate: The discounted rate for parking in the long- term, card -accessed areas of the garage that have been leased to King County Metro will be as follows: Leases of one hundred (100) stalls $10.00 per month, per stall Leases of one hundred one (101) $15.00 per month, 7 to two hundred (200) stalls per stall Leases of two hundred one (201) $20.00 per month, stalls or more per stall S. Aquatic Center Fees: 1. Admission for the Aquatic Center shall be as follows: Regular Session Resident Infants (under 1 year) Free Nonresident Infants (under 1 year) Free Resident Youth, 1- 4 $2.00 Nonresident Youth, 1- 4 $4.00 Resident Youth, 5 - 12 $5.00 Nonresident Youth, 5 - 12 $8.00 Resident Teen, 13 - 17 $6.00 Nonresident Teen, 13 - 17 $9.00 Resident Adult, 18 - 49 $7.00 Nonresident Adult, 18 - 49 $14.00 Resident Senior (50 and up) $6.00 Nonresident Senior (50 and up) $8.00 Resident Lap Swim/Water $3.00 Walking Only Nonresident Lap Swim/Water Walking Only Resident Family Rate* Nonresident Family Rate* $4.40 Twilight Session Free Free $1.25 $2.50 $3.50 $4.75 $3.75 $6.00 $4.75 $8.50 $3.50 $4.75 $3.00 $4.40 Season Pass Free Free $20.00 $33.00 $50.00 $83.00 $62.00 $110.00 $75.00 $165.00 $62.00 $83.00 $37.00 $55.00 n/a n/a $175.00 n/a n/a $330.00 *A family is defined as a group of four of which at least one, but not more than two, are adults. The family season pass card rate is based on a family of four persons. A flat rate of $25.00 will be charged for each additional family member. All persons must reside at the same address. 2. Group Rates: Group rates offer guaranteed admission for the group. In order to qualify for a group rate, the group must consist of ten (10) or more persons, and the session must be scheduled in advance. Please note that the number of groups may be limited each day. Staff has the authority to offer discounted daily rates for partial sessions or Renton -only events. Resident Group Rates Nonresident Group Rates Regular Twilight Session Session $6.00 $3.50 $10.00 $6.00 3. Locker Rental: $ 0.25 4. Canopy Rental Fees: (includes canopy and admission for one leisure swim session) Henry Moses Party Tent #1 (10' x 20' for up to twenty-five (25) guests): Resident Rate, per session $155.00 Nonresident Rate, per session $190.00 Henry Moses Party Tent #2 (10' x 10' for up to fifteen (15) guests): Resident Rate $105.00 Nonresident Rate: $130.00 5. Swim Lesson Program: Resident swim session fee $44.00 Nonresident swim session fee $60.80 Swim sessions consist of eight (8) lessons. For those sessions that may be shorter than eight (8) lessons the fee will be $5.50 per lesson for residents and $7.60 per lesson for nonresidents. 9 T 6. End -of -Year School Party Rentals: Number of Students: Renton S.D. 403: All other schools/school districts: 001- 299 $1,675 $2,211 300 - 399 $2,010 $2,662 400 - 499 $2,180 $2,888 500 - 599 $2,345 $3,113 7. All -Inclusive Rentals: $1,128.00 for a 2-hour rental. Fire Prevention Fees: 1. Fire Plan Review and Inspection Fees Value of Work: $0 to $249.99 $250.00 to $999.99 $1,000.00 to $4,999.99 $5,000.00 or more Construction Re -Inspection Fee Amount: $30.00 $30.00 plus 2% of the cost $50.00 plus 2% of the cost $120.00 plus 0.9% of the cost A fee of $60.00 per hour may be assessed if the requested inspection does not meet the approval of the inspector Violation Re -Inspection after 30-day $50.00 period (whenever 30 days or more have passed since Fire Department notification of a violation, which required re -inspection, and such violation has not been remedied or granted an extension) Pre -Citation Follow -Up Inspection when re- $50.00 each inspection inspections are required beyond the original re -inspection Malfunctioning Fire Alarm Fee Late Payment Penalty First, second, and third false alarms — no charge. Fourth and fifth false alarms in a calendar year — $50.00/each. Sixth false alarm and successive false alarms in a calendar year — $100.00/each $25.00 for late payment of malfunctioning fire alarm fee and pre -citation inspection fee 10 2. Fire Permit Type Operational Fire Code Permit (issued in $60.00 per year. Exception — Hazardous accordance with Section 105.6 of the IFC) materials and HPM facilities $100.00 per year Construction Permit 20% of the above Plan Review/Inspection Fee or a minimum of $50.00, whichever is Replacement for Lost Permit Hazardous Production Materials Permit (for businesses storing, handling, or using hazardous production materials as regulated in the fire code) Underground Tank Removal Permit (commercial) greater $25.00 for each permit $100.00 per year See Plan Review and Construction Permit Fees Underground Tank Removal or $60.00 Abandonment -in -Place Permit (residential) 11 CITY OF RENTON, WASHINGTON ORDINANCE NO. e55-10 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE ANNUAL BUDGET FOR THE YEAR 2010, IN THE AMOUNT OF $212,407,593. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2010; and WHEREAS, the City Council conducted public hearings for the purpose of accepting testimony related to the 2010 Budget on October 26, 2009 and again on November 16, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. After due notice and public hearing thereon as provided by law, the annual budget for the City of Renton for the year 2010, previously prepared and filed with the City Clerk, as modified hereby, be and is hereby ratified, confirmed and adopted, in all respects, as such annual budget for the year 2010. Such annual budget is detailed in Attachment A, 2010 Budget Summary by Fund, Resources and Expenditures, which is incorporated herein as if fully set forth. SECTION 11. Attachment A defines the total sums authorized and allowed for expenditures and establishes such sums in each of the funds in the annual 2010 budget. SECTION III. Acts pursuant to this ordinance, but prior to its passage or effective date, are hereby ratified and confirmed. SECTION IV. A copy of the 2010 budget, as herein adopted, shall be transmitted to the Office of the State Auditor, Division of Municipal Corporations, and such other governmental agencies as provided by law. 1 SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 02009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1599:11/10/09:scr ORDINANCE NO. ATTACH M ENT A 2010 BUDGET SUMMARY BY FUND - ALL FUNDS Increase 2010 Final 2010 Final (Decrease) in Estimated Ending Fund Fund / Department Revenue Appropriation Fund Balance Beg Fund Bal Balance 000 GENERAL 7S,73S,434 71,418,283 4,317,iS1 3,404,712 7,721,863 001 COMMUNITY SERVICES 8,011,778 10,354,293 (2,342,515) 2,357,349 14,834 003 STREETS 6,688,942 8,476,980 (1,788,038) 1,788,039 1 004 COMMUNITY DEVELOPMENT BLOCK GRANT 294,148 296,503 (2,355) (16,483) (18,838) 005 MUSEUM 192,621 194,120 (1,499) 1,499 0 006 LIBRARY 1,395,801 2,544,263 (1,148,462) 1,148,462 0 007 PARKING GARAGE MAINTENANCE - - - - - 009 FARMERS MARKET 44,280 34,311 9,969 52,147 62,116 010 FIRE AND EMERGENCYSVC MEMORIAL - - - 0 0 011 FIRE AND EMERGENCY SVC HEALTH & WELLNESS 25,000 25,000 (0) 0 (0) 031 PARK MEMORIAL - - - 173,453 173,453 201 1997 LIMGO BONDS -CITY HALL 2,982,6S8 1,984,625 998,033 (998,033) 0 207 1978 LIM GO BONDS -SR CTR - - - - - 215 GENERAL GOVERNMENT MISC DEBTSVC 2,468,036 2,510,320 (42,284) 452,284 410,000 General Governmental 97,838,698 97,838,698 0 8,363,430 8,363,430 102 ARTERIAL STREETS 620,000 620,000 - 261,306 261,306 108 LEASED CITY PROPERTIES 941,533 581,940 359,593 615,151 974,745 110 SPECIAL HOTEL-MOTELTAX 245,000 245,000 - 26S,146 26S,146 118 CUM2755(PATHS/TRAIL.S) - - - 3,243 3,243 125 ONE PERCENT FOR ART 15,000 50,000 (35,000) 121,678 86,678 127 CABLE COMMUNICATIONS DEVELOPMENT 85,000 85,674 (674) 112,369 111,695 135 SPRINGBROOK WETLANDS BANK - - - 19,002 19,002 219 1989 UNLIM GO BONDS -SR HOUSING - 1,388 (1,388) (22,013) (23,401) 303 COMMUNITY SERVICES IMPACT MITIGATION 60,000 - 60,000 1,970,013 2,030,013 304 FIRE IMPACT MITIGATION 100,000 560,000 (460,000) 2,375,768 1,915,768 305 TRANSPORTATION IMPACT MITIGATION 200,000 700,000 (500,000) 732,475 232,475 316 MUNICIPAL FACILITIES CIP 730,000 1,653,454 (923,454) 1,198,463 275,009 317 CAPITAL IMPROVEMENT 15,692,002 16,126,973 (434,971) 443,334 8,363 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT - 51,377 51,377 326 HOUSING OPPORTUNITY 100,000 (100,000) 200,325 100,325 402 AIRPORT OPERATIONS 1,917,163 1,001,800 915,363 270,16S 1,185,528 403 SOLID WASTE UTILITY 15,000,000 15,000,000 0 882,793 882,793 404 MUNICIPAL GOLF COURSE SYSTEM 2,483,S45 2,566,837 (83,292) 8S1,311 768,019 405 WATER OPERATIONS 11,316,610 11,319,531 (2,921) 2,627,661 2,624,740 406 WASTEWATER OPERATIONS 6,070,737 6,389,869 (319,132) 1,154,664 835,531 407 SURFACE WATER OPERATIONS 5,768,148 5,647,923 120,22S 986,060 1,106,285 416 KINGCOUNTYMETRO 11,211,935 11,211,935 - (97,684) (97,694) 422 AIRPORTCAPITAL IMPROVEMENT 1,578,000 1,578,000 - 75,498 75,498 424 MUNICIPAL GOLF COURSE SYSTEM CIP 150,000 150,000 - 80,359 80,359 425 WATER CIP 2,960,000 2,960,000 - 124,153 124,153 426 WASTEWATER CIP 2,775,000 2,775,000 - 84,412 94,412 427 SURFACE WATER CIP 2,250,000 2,250,000 - 25,322 25,322 461 WATERWORKS BOND RESERVE - - - 0 0 471 WATERWORKS RATE STABILIZATION - - - 15,501 15,501 481 FUTURE W/S BOND PROCEEDS - - - 0 0 501 EQUIPMENTRENTAL 3,631,241 2,791,684 839,557 3,956,502 4,796,058 502 INSURANCE 3,287,584 4,170,106 (882,522) 5,728,514 4,845,992 503 INFORMATIONSERVICES 4,105,387 3,715,819 389,568 579,805 969,373 504 FACILITIES 4,555,48S 4,176,210 379,275 35,166 414,441 SOS COMMUNICATIONS 1,049,671 877,560 172,111 172,111 512 HEALTHCARE INSURANCE 12,358,471 12,462,810 (104,339) 3,760,553 3,656,213 522 LEOFF1 RETIREES HEALTHCARE 2,235,684 2,249,907 (13,223) 1,935,616 1,922,393 611 FIREMENS PENSION 300,000 550,475 (250,475) 4,013,713 3,763,238 All Other Funds 113,693,196 114,569,895 (87S,699) 35,437,719 34,562,020 TOTAL ALL FUNDS 211,532,894. 212,407,S93 (875,699) 43,801,149 42,9ZS,450 3 it-a3�9 CITY OF RENTON, WASHINGTON ORDINANCE NO. .561 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT; AND CHAPTER 4, CITY-WIDE DEVELOPMENT STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REMOVING THE ANNUAL RENEWAL FEE FOR A -FRAME SIGNS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-140M.3, Temporary and Portable Signs, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260, entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: 3. TEMPORARY AND PORTABLE Fee Amount SIGNS: Real Estate Directional Signs, $50.00 per sign, permit valid for a 12- pursuant to RMC 4-4-100J2 month period Grand Opening Event Signs, pursuant $25.00 per site, per opening to RMC 4-4-100J6d(1) Event Signs, pursuant to RMC 4-4- $15.00 per type of sign identified in RMC 100J6d(2) and (3) 4-4-100J6b, per promotion A -Frame Signs, pursuant to RMC 4-4- $100.00 for the first sign and $50.00 for 100.15 each additional sign Commercial Property Real Estate $50.00 per sign, permit valid for a 12- Banner month period Decorative Flags $50.00 per entrance, permit valid until flag(s) removed 1 ORDINANCE NO. SECTION II. Subsection 4-4-100J.5.1, Permit Required, of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260, entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to read as follows: I. Permit Required: A permit required for each A -frame sign, and remains valid indefinitely for the business using the sign. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1596:11/10/09:scr 2 Denis Law, Mayor