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Home My WebLink AboutRegular Meeting - 09 Jun 2014 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING June 9, 2014 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATIONS a. Nishiwaki Sister City b. Park Board 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second 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. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 6/2/2014. Council concur. b. City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Patch and Overlay with Curb Ramps project; four bids; engineer’s estimate $1,283,895; and submits staff recommendation to award the contract to the low bidder, Lakeridge Paving Company, LLC, in the amount of $1,125,952.30. Council concur. c. City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Culvert Repair Project Replacement Alternative - Bridge; five bids; engineer’s estimate $471,525; and submits staff recommendation to award the contract to the lowest responsive bidder, Quigg Bros., Inc. in the amount of $652,953. Refer to Transportation (Aviation) Committee for discussion of funding. d. Administrative Services Department requests approval to name Iwen Wang, Administrative Services Administrator, as the individual authorized to amend, change, or alter Local Government Investment Pool (LGIP) documentation and to designate other individuals to make contributions and withdrawals on behalf of the City of Renton. Refer to Finance Committee. e. Community Services Department recommends approval of a Site Lease Agreement and Memorandum of Lease with Verizon Wireless in the amount of $2,500 per month (plus a one- time processing charge of $7,500) to locate cellular antennae on the Rolling Hills Reservoir. Refer to Finance Committee. Page 1 of 96 f. Transportation Systems Division recommends approval of an agreement, and all subsequent agreements, to accept $700,000 in grant funds from the Washington State Department of Transportation for resurfacing of SW Grady Way, from Rainier Ave. S. to Longacres Dr. SW. City's match is $701,892. Council concur. g. Utility Systems Division recommends approval of an ordinance amending Renton Municipal Code (RMC) 9-5, Latecomer’s Agreements, as required to conform with changes to the State’s Revised Code of Washington (RCW). Refer to Utilities Committee. 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers; Advertising Agreement with Ivar's Inc. 8.RESOLUTIONS AND ORDINANCES 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS June 9, 2014 Monday, 6 p.m. Follow-up on Fiscal Sustainability • 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 RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 96 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Contract Award for Bid Opening on 5/27/2014; CAG-14-035; 2014 Street Patch and Overlay with Curb Ramps Meeting: Regular Meeting - 09 Jun 2014 Exhibits: Staff Recommendation Bid Tab (four bids) Submitting Data: Dept/Div/Board: City Clerk Staff Contact: Bonnie Walton, City Clerk ext. 6502 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 1,125,952.30 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ 1,460,181.44 City Share Total Project: $ SUMMARY OF ACTION: Engineer's Estimate: $1,283,895. In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within total project budget, and there were no irregularities with the low bid. Therefore, staff recommends accepting the low bid submitted by Lakeridge Paving Company, LLC in the amount of $1,125,952.30 for the 2014 Street Patch and Overlay with Curb Ramps project. STAFF RECOMMENDATION: Accept the low bid from Lakeridge Paving Company, LLC in the amount of $1,125,952.30 for the 2014 Street Patch and Overlay with Curb Ramps project and authorize the Mayor and City Clerk to sign. 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 3 of 96 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 4 of 96 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 5 of 96 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 6 of 96 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 7 of 96 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 8 of 96 6b. - City Clerk reports bid opening on 5/27/2014 for CAG-14-035, 2014 Street Page 9 of 96 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Contract Award for Bid Opening on 5/13/2014; CAG-14-065; NE 31st. Culvert Repair Project Replacement Alternative - Bridge Meeting: Regular Meeting - 09 Jun 2014 Exhibits: Staff Recommendation Bid Tab Submitting Data: Dept/Div/Board: City Clerk Staff Contact: Bonnie Walton, City Clerk ext. 6502 Recommended Action: Refer to Transportation (Aviation) Committee Fiscal Impact: Expenditure Required: $ 652,953.00 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ 572,791.27 City Share Total Project: $ SUMMARY OF ACTION: Engineer's Estimate: $471,525. In accordance with Council procedure, bids submitted at the subject bid opening met two of the following three criteria: There was more than bid, and there were no irregularities with the lowest responsive bid. However, the lowest responsive bid is not within the current project budget. Therefore staff recommends acceptance of the low bid submitted by Quigg Bros., Inc. in the amount of $652,953.00; and to refer the bid to the Transportation (Aviation) Committee for discussion of funding. STAFF RECOMMENDATION: Accept the lowest responsive bid from Quigg Bros., Inc. in the amount of $652,953.00 for the NE 31st St. Culvert Repair Project Replacement Alternative - Bridge, subject to discussion of funding. 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 10 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 11 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 12 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 13 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 14 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 15 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 16 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 17 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 18 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 19 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 20 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 21 of 96 6c. - City Clerk reports bid opening on 5/13/2014 for CAG-14-065, NE 31st St. Page 22 of 96 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: LGIP Updated Resolution Meeting: Regular Meeting - 09 Jun 2014 Exhibits: Issue Paper Authorization Form Resolution Submitting Data: Dept/Div/Board: Administrative Services Staff Contact: Kristi Rowland x6947 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ NA Transfer Amendment: $NA Amount Budgeted: $ NA Revenue Generated: $NA Total Project Budget: $ NA City Share Total Project: $ NA SUMMARY OF ACTION: The State of Washington Office of State Treasurer (OST) has requested all municipalities participating in the Local Government Investment Pool (LGIP) to update their authorizing resolutions. There is no change in relationship or how the City invests in the LGIP; the updated resolution serves to bring to current with existing laws and incorporate acknowledgement of the OST's Prospectus which has been provided to give investors more information on LGIP investment practices. STAFF RECOMMENDATION: Approve Iwen Wang, Administrative Services Administrator, as the individual authorized to amend, change, or alter the Local Government Investment Pool documentation and to designate other individuals to make contributions and withdrawals on behalf of the City, and adopt the Resolution. 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 23 of 96 Administrative Services Department M E M O R A N D U M DATE: May 27, 2014 TO: Don Persson, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Kristi Rowland, Senior Finance Analyst SUBJECT: Authorizing Resolution for participation in WA State LGIP ISSUE The Washington State Office of the State Treasurer’s office is requiring that all local governments who invest in the State’s local government investment pool (LGIP) update their resolution authorizing such activity. RECOMMENDATION Staff recommends approval of the Resolution, as drafted. BACKGROUND Our last required resolution specifically authorizing investment with the State’s LGIP was signed on July 28, 1986 (Res. 2655). This was later replaced by Res 2936, 3166, 3289, and 3302. The State has requested this updated resolution as a means to assure that local governments have read and understand their prospectus. The prospectus is a new publication written as a means to provide more clarity with respect to how the Local Government Investment Pool operates. With this request, the State provided a sample resolution which requires the governing body to read and understand the prospectus. We have been given permission to modify this language to allow the governing body to delegate this to appropriate staff. CONCLUSION There is no impact to our operations, investments or relationship with the State as a result of this resolution. Attachments: Proposed Resolution 1986 Resolution CC: Investment Advisory Committee members 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 24 of 96 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 25 of 96 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING INVESTMENT OF CITY OF RENTON MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL. WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature created a trust fund to be known as the public funds investment account (commonly referred to as the Local Government Investment Pool (“LGIP”)) for the contribution and withdrawal of money by an authorized governmental entity for purposes of investment by the Office of the State Treasurer; and WHEREAS, from time to time it may be advantageous to the City to contribute funds available for investment in the LGIP; and WHEREAS, the investment strategy for the LGIP is set forth in its policies and procedures; and WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of the City shall be first duly authorized by the City Council or any designee of the City Council pursuant to this resolution or a subsequent resolution; and WHEREAS, the City will cause to be filed a certified copy of this resolution with the Office of the State Treasurer; and WHEREAS, the designee appointed by the City Council with authority to contribute or withdraw funds of the City has received and read a copy of the prospectus and understands the risks and limitations of investing in the LGIP; and 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 26 of 96 RESOLUTION NO. _______ 2 WHEREAS, the City Council attests by the signature of its Mayor and City Clerk that it is duly authorized and empowered to enter into this agreement, to direct the contribution or withdrawal of City monies, and to delegate certain authority to make adjustments to the incorporated transactional forms, to the individuals designated herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City Council hereby authorizes the contribution and withdrawal of City monies in the LGIP in the manner prescribed by law, rule, and prospectus. SECTION III. The City Council approves the Local Government Investment Pool Transaction Authorization Form (“Form”) as completed by the Administrative Services Administrator and incorporates said form into this resolution by reference and does hereby attest to its accuracy. SECTION IV. The City designates Iwen Wang, Administrative Services Administrator, the “authorized individual” to authorize all amendments, changes, or alterations to the Form or any other documentation including the designation of other individuals to make contributions and withdrawals on behalf of the governmental entity. SECTION V. This delegation ends upon the written notice, by any method set forth in the prospectus, of the City Council that the authorized individual has been terminated or that his or her delegation has been revoked. The Office of the State Treasurer will rely solely on the City Council to provide notice of such revocation and is entitled to rely on the authorized individual’s instructions until such time as said notice has been provided. 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 27 of 96 RESOLUTION NO. _______ 3 SECTION VI. The Form as incorporated into this resolution or hereafter amended by delegated authority, or any other documentation signed or otherwise approved by the authorized individual shall remain in effect after revocation of the authorized individual’s delegated authority, except to the extent that the authorized individual whose delegation has been terminated shall not be permitted to make further withdrawals or contributions to the LGIP on behalf of the City. No amendments, changes, or alterations shall be made to the Form or any other documentation until the entity passes a new resolution naming a new authorized individual. SECTION VII. The City Council acknowledges that its designees have received, read, and understood the prospectus as provided by the Office of the State Treasurer. In addition, the City Council agrees that a copy of the prospectus will be provided to any person delegated or otherwise authorized to make contributions or withdrawals into or out of the LGIP and that said individuals will be required to read the prospectus prior to making any withdrawals or contributions or any further withdrawals or contributions if authorizations are already in place. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2014. ______________________________ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2014. ______________________________ Denis Law, Mayor 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 28 of 96 RESOLUTION NO. _______ 4 Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1632:6/3/14:scr 6d. - Administrative Services Department requests approval to name Iwen Wang, Page 29 of 96 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Site Lease Agreement with Verizon Wireless for a Cellular Service Site at the Rolling Hills Reservoir Meeting: Regular Meeting - 09 Jun 2014 Exhibits: Issue Paper Lease Agreement Memorandum of Lease Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, Facilities Director, Ext. 6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$2,500/month Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Verizon Wireless has requested to locate cellular antennae on the Rolling Hills Reservoir and associated equipment on a ground location. Their required engineering report has been submitted, reviewed, and approved by the Water Utility Division. In addition to the monthly lease rate of $2500, they will pay a one-time $7,500 processing charge. Verizon has also submitted a $30,000 bond, which is intended to come into play in the unlikely event that the Lessee becomes insolvent and the equipment decommissioned. STAFF RECOMMENDATION: Approve the Lease Agreement and Memorandum of Lease with Verizon Wireless and authorize the Mayor and City Clerk to sign. 6e. - Community Services Department recommends approval of a Site Lease Page 30 of 96 6/3/2014 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:June 3, 2014 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Peter Renner, Facilities Director, Ext 6605 SUBJECT:Site Lease Agreement and Memorandum of Lease with Verizon Wireless for a Cellular Service Site at the Rolling Hills Reservoir at 11500 Puget Drive SE, Renton Issue: Should the Council authorize the Mayor and the City Clerk to sign the Wireless Communication Facilities Site Lease Agreement and Memorandum of Lease with Verizon Wireless for antennae placement and ground space at the Rolling Hills Reservoir? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Agreement and Memorandum of Lease. Background: Verizon Wireless intents to expand their wireless network capacity to meet rapidly growing customer demand. Verizon Wireless has an existing Lease with the City for antennae and equipment at the Renton Highlands water tower at 1240 NE 12th Street. They have been a responsible tenant through the length of their Lease and Addendums. Verizon approached the City, and AT&T has as well, to place antennae and ground equipment on the Rolling Hills Reservoir. Verizon has submitted a City-required engineering analysis of the proposed equipment placement on the reservoir. It has been reviewed and approved by engineering staff in the City Utilities Systems. A similar process was followed for the appropriate placement of ground equipment. The monthly lease payment will start at $2,500/month, with annual CPI increases. 6e. - Community Services Department recommends approval of a Site Lease Page 31 of 96 Don Persson, Council President Members of Renton City Council Page 2 of 2 June 3, 2014 Verizon has provided a $30,000 bond to provide for removal of equipment in case of corporate default. Verizon will pay the City $7,500 to account for the City staff time for this project as it has had some complexity. Conclusion: Approving this Lease Agreement provides additional cash flow for the City and improves cellular coverage for Verizon’s customers in the area. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Larry Warren, City Attorney 6e. - Community Services Department recommends approval of a Site Lease Page 32 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 33 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 34 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 35 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 36 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 37 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 38 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 39 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 40 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 41 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 42 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 43 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 44 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 45 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 46 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 47 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 48 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 49 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 50 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 51 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 52 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 53 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 54 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 55 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 56 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 57 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 58 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 59 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 60 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 61 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 62 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 63 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 64 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 65 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 66 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 67 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 68 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 69 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 70 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 71 of 96 6e. - Community Services Department recommends approval of a Site Lease Page 72 of 96 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: SW Grady Way Preservation Project - Rainier Avenue South to Longacres Drive SW Meeting: Regular Meeting - 09 Jun 2014 Exhibits: WSDOT Local Agency Agreement WSDOT Local Agency Federal Aid Project Prospectus Submitting Data: Dept/Div/Board: Public Works Staff Contact: Juliana Fries, Program Development Coordinator (ext. 7232) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ 1,451,000 (2014)Revenue Generated: $700,000 Total Project Budget: $ 1,451,000 (2014)City Share Total Project: $ 701,892 SUMMARY OF ACTION: The SW Grady Way Preservation Project was selected under the Surface Transportation Program (STP) for a grant in the amount of $700,000. The grant will fund the resurfacing of SW Grady Way, from Rainier Avenue South to Longacres Drive SW. The overall condition of the pavement will be improved on this major east-west arterial. This project will be implemented under the Arterial Rehabilitation Program. STAFF RECOMMENDATION: Approve the Local Agency Agreement Supplement with WSDOT for the obligation of grant funding for the SW Grady Way Preservation Project and all subsequent agreements necessary to accomplish design and construction of this project, and authorize the Mayor and City Clerk to sign. 6f. - Transportation Systems Division recommends approval of an agreement, Page 73 of 96 6f. - Transportation Systems Division recommends approval of an agreement, Page 74 of 96 6f. - Transportation Systems Division recommends approval of an agreement, Page 75 of 96 6f. - Transportation Systems Division recommends approval of an agreement, Page 76 of 96 6f. - Transportation Systems Division recommends approval of an agreement, Page 77 of 96 6f. - Transportation Systems Division recommends approval of an agreement, Page 78 of 96 6f. - Transportation Systems Division recommends approval of an agreement, Page 79 of 96 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Revision to Renton Municipal Code 9-5 (Latecomer’s Agreements) as Required to Conform with Changes to the State’s Revised Code of Washington Meeting: Regular Meeting - 09 Jun 2014 Exhibits: Ordinance Submitting Data: Dept/Div/Board: Public Works Staff Contact: Michael Benoit, Wastewater Utility, x7206 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City Attorney Department notified the Utility Systems Division of recent changes by the Washington State Legislature to the Revised Code of Washington (RCW) pertaining to Latecomer’s Agreements (ESHB 1717). Renton needs to update the Renton Municipal Code 9-5 (Latecomer’s Agreements) to reflect the changes. The two significant changes are: • Latecomer’s Agreements for utilities are no longer optional. (Latecomer’s Agreements for transportation, also in our code, remains optional.) If an owner/developer meets all the City’s requirements in applying for and completing a latecomer’s agreement, the City must enter into the contract. • The contract (Latecomer’s Agreement) must provide for the pro rata reimbursement to the owner for 20 years. Our current code identifies 15 years. The City Attorney’s office initiated the Utility and Street Latecomer’s Agreements Ordinance to Renton Municipal Code 9-5 to conform to the updated RCW. The ordinance has been prepared by the City Attorney Department in coordination with Utility Systems staff. Utility Systems is now bringing the ordinance forward to Council for approval and adoption. STAFF RECOMMENDATION: Approve an amendment to Renton Municipal Code 9-5 pertaining to Latecomer’s Agreements to conform to the Revised Code of Washington as required by the legislative changes in ESHB 1717, and present the ordinance for first reading. 6g. - Utility Systems Division recommends approval of an ordinance Page 80 of 96 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4‐1‐180 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) AND CHAPTER 5, LATECOMER’S AGREEMENTS, OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF THE RENTON MUNICIPAL CODE, UPDATING REGULATIONS AND ADDING DEFINITIONS REGARDING UTILITY AND STREET LATECOMER’S AGREEMENTS PURSUANT TO ENGROSSED SUBSTITUTE HOUSE BILL 1717. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4‐1‐180.A.1, Applicability of Privately Held Latecomer’s Fee, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: 1. Applicability of Privately Held Latecomer’s Fee: The City has the discretionary power, as detailed in chapter 9‐5 RMC, to grant street latecomer’s agreements to developers and owners for the reimbursement of a pro rata portion of public works facilities (water systems, sanitary sewer systems, storm water systems, and street improvements including signalization and lighting) they install and turn over to the City. The City shall grant utility latecomer’s agreements for the reimbursement of a pro rata portion of utility systems such as water, sanitary sewer or storm sewer, if all conditions are met. For purposes of this section, both utility and street latecomer’s agreements shall be collectively referred to as “latecomer’s agreements”. 6g. - Utility Systems Division recommends approval of an ordinance Page 81 of 96 ORDINANCE NO. ________ 2 SECTION II. Chapter 5, Latecomer’s Agreements, of Title IX (Public Ways and Property) of the Renton Municipal Code, is hereby amended as follows: CHAPTER 5 UTILITY AND STREET LATECOMER’S AGREEMENTS SECTION: 9‐5‐1: Authority 9‐5‐2: Definitions For Utility Latecomer’s Agreements 9‐5‐23: Application 9‐5‐4: Conditions For Connection To City Of Renton’s Water Or Sewer Facilities 9‐5‐35: Preliminary Notice Of Latecomer’s Agreement And Appeal Rights 9‐5‐46: Preliminary Approval 9‐5‐57: Final Utility or Street Latecomer’s Agreement 9‐5‐68: Execution, Recording And Notice 9‐5‐79: Contract Finality 9‐5‐810: Title To Improvement And Assignment Of Benefit 9‐5‐911: Tender Of Fee 9‐5‐1012: Release Of Assessment 9‐5‐1113: Term Of Life 9‐5‐1214: Fees 9‐5‐1315: City Not Responsible 9‐5‐1416: Improvements Constructed By Developer 9‐5‐1517: Interest 9‐5‐16: Segregation And Relief Of Latecomer’s Fees (Rep. by Ord. 4723) 9‐5‐1 AUTHORITY: The City of Renton has the discretionary power to grant shall enter into latecomer’s agreements to with developers and owners for the reimbursement of a pro rata portion of the original costs of water systems, sanitary sewer systems, and storm water drainage sewer systems and street improvements including signalization and lighting (“utility latecomer’s agreements”), if all conditions are met. The City has the discretionary power to grant latecomer’s agreements to developers and owners for the reimbursement of a pro rata 6g. - Utility Systems Division recommends approval of an ordinance Page 82 of 96 ORDINANCE NO. ________ 3 portion of the original costs of street improvements including signalization and lighting (“street latecomer’s agreements”). The authority to approve a street latecomer’s agreement is vested in the City Council. 9‐5‐2 DEFINITIONS FOR UTILITY LATECOMER’S AGREEMENTS: A. “Latecomer’s fee” means a charge collected by the City of Renton, whether separately stated or as part of a connection fee for providing access to a municipal system, against a real property owner who connects to or uses a water or sewer facility subject to a contract created under RCW 35.91.020. B. “Municipality” means the governing body of the City. C. “Water or sewer facilities” shall have the meaning specified in RCW 35.91.015, as it now reads or is hereafter amended. 9‐5‐23 APPLICATION: Application for a utility or street latecomer’s agreement shall be made thirty (30) days prior to issuance of the construction permit. Application may be by letter to the Mayor and City Council requesting a latecomer’s agreement, or upon forms prepared by the Public Works Department. Any application for a utility or street latecomer’s agreement shall contain the following information: A. Legal description of applicant’s property. B. Legal description of the benefited properties. C. Vicinity maps of applicant’s property, benefiting properties and the location of the improvement. D. Estimated cost data and inventory for the improvements. 6g. - Utility Systems Division recommends approval of an ordinance Page 83 of 96 ORDINANCE NO. ________ 4 E. Proposed pro rata share of the cost of the improvement to be borne by the benefiting properties, and a proposed method of assessment of that pro rata share to the individual benefiting properties. F. Payment of full amount of nonrefundable processing fee pursuant to RMC 4‐1‐180A the City of Renton Fee Schedule. 9‐5‐4 CONDITIONS FOR CONNECTION TO THE CITY OF RENTON’S WATER OR SEWER FACILITIES: Full compliance with all conditions below is required in order to finalize a latecomer’s agreement: A. Construction of the water or sewer facility according to plans and specifications approved by the City; B. Inspection and approval of the water or sewer facility by the City; C. Transfer to the City of the water or sewer facility, without cost to the City, upon acceptance by the City of the water or sewer facility; D. Full compliance with the owner's obligations under the contract and with the municipality's rules and regulations; E. Provision of sufficient security to the City to ensure completion of the water or sewer facility and other performance under the contract; F. Payment by the owner to the City all of the City’s costs associated with the water or sewer facility including engineering, legal, and administrative costs; and 6g. - Utility Systems Division recommends approval of an ordinance Page 84 of 96 ORDINANCE NO. ________ 5 G. Verification and approval of all contracts and costs related to the water or sewer facility shall be performed by the City. Total cost information must be furnished by the owner to the City within one hundred twenty (120) days of the completion of a water or sewer facility. The City shall use this information as the basis for determining reimbursements by future users who benefit from the water or sewer facility, but who did not contribute to the original cost of the water or sewer facility; and H. Full compliance with RMC 9‐5‐3, Application, as it exists or is hereafter amended. 9‐5‐35 PRELIMINARY NOTICE OF LATECOMER’S AGREEMENT AND APPEAL RIGHTS: The Public Works Department shall determine the preliminary latecomer’s area boundaries and draft the legal description of the latecomer’s boundary and a preliminary latecomer’s boundary map. The City Clerk shall mail a notice to all owners of record of property within the latecomer’s boundary and to the developer or holder of the utility or street latecomer’s agreement. The notice shall include an approximation of the preliminary assessment, the proposed latecomer’s boundary map and the description of the property owners’ rights and options to participate in the utility or street latecomer’s agreement. This preliminary notice form will not be recorded with King County. The property owners may, upon payment of the seventy five dollar ($75.00) an appeal fee as set forth in the City of Renton Fee Schedule, request an appeal hearing before 6g. - Utility Systems Division recommends approval of an ordinance Page 85 of 96 ORDINANCE NO. ________ 6 the City Council within twenty (20) days of the mailing. Appeals must adhere to the criteria established under Section 9‐5‐5C subsection 9‐5‐7.C of this Chapter but will be limited to the issue of whether or not a specific property should be included in the latecomer’s area. The City Council, by ordinance or voice vote, may delegate the Hearing Examiner or other hearing officer to hold the requisite public hearing and establish a record, together with a recommendation for the City Council. The City Council’s ruling is determinative and final. 9‐5‐46 PRELIMINARY APPROVAL: A. The City Council may grant preliminary approval for a street latecomer’s agreement based upon the information contained in the request for a street latecomer’s agreement and any input from the Administrator, or the City Council may request further information from the applicant and/or the Administrator, or the City Council may deny the preliminary street latecomer’s agreement. As part of any preliminary approval, the Council shall indicate the duration for which the street latecomer’s agreement will be approved, after completion of the improvements, which approval period shall not be more than fifteen (15) years, or longer, if extended in accordance with RCW 35.72.020(2)(a) as it exists or is hereafter amended. No extensions will be granted beyond the period of time established by City Council. B. The City Council may grant preliminary approval for a utility latecomer’s agreement based upon the information contained in the request for a utility latecomer’s agreement and any input from the Administrator, if all conditions 6g. - Utility Systems Division recommends approval of an ordinance Page 86 of 96 ORDINANCE NO. ________ 7 set forth in this Chapter have been met. The Administrator or the City Council may request further information from the applicant. As part of any preliminary approval, the Council shall indicate the duration for which the utility latecomer’s agreement will be approved, after completion of the improvements, which approval period shall be a minimum of twenty (20) years, or longer, if extended in accordance with RCW 35.91.020(4)(a) as it exists or is hereafter amended. BC. Following preliminary approval by the City Council, the holder of the utility or street latecomer’s agreement shall submit to the Administrator any further information requested by the Administrator or the City Council. 9‐5‐57 FINAL UTILITY OR STREET LATECOMER’S AGREEMENT: A. Preparation of Proposed Final Assessment Roll: Following construction and full compliance with all conditions, the Public Works Department shall prepare a final proposed utility or street latecomer’s agreement which will include a legal description and a map of the latecomer’s boundary. The cost of the improvements will be spread among the property owners based upon their pro rata share of said costs. The costs will become payable upon the issuance of a City permit authorizing the benefiting property owner(s) to construct improvements that would allow the user(s) property to derive direct benefit from these facilities. The method of assessment to be used will be one (1) or more of the following methods, unless otherwise approved or directed by the City Council: 1. Front foot method. 6g. - Utility Systems Division recommends approval of an ordinance Page 87 of 96 ORDINANCE NO. ________ 8 2. Zone front foot method. 3. Square footage method. 4. Trip generation (traffic) method. 5. Other equitable method, as determined by the City. 6. Any combination of the above methods. The method(s) used and the dollar amount(s) will be included in the final utility or street latecomer’s agreement. B. Final Notice of Latecomer’s Agreement: The City Council receives the final utility or street latecomer’s agreement and if the agreement is approved, directs the staff to send out notices of the latecomer’s potential assessment and the right to appeal. The City Council retains the right to rule on the final action for street latecomer’s agreements. Following Council approval of the final utility or street latecomer’s agreement, the City Clerk shall mail a notice to all owners of record of property within the latecomer’s boundary and to the developer or holder of the utility or street latecomer’s agreement. The notice shall include the final assessment per unit charge, the legal description and a map of the latecomer’s boundaries, and the description of the property owners’ rights and options to participate in the utility or street latecomer’s agreement. C. Appeal: 1. Within twenty (20) days of the date of the mailing, any property owner may submit an appeal in writing to the City Council, c/o City Clerk. An appeal must include a statement of claimed errors concerning the proposed 6g. - Utility Systems Division recommends approval of an ordinance Page 88 of 96 ORDINANCE NO. ________ 9 assessment, and must be accompanied by a seventy‐five dollar ($75.00) nonrefundable an appeal fee as set forth in the City of Renton Fee Schedule. Errors which are not set forth in writing and which do not adhere to the criteria listed below will not be considered. 2. Objections by a benefiting property owner to the recording of a potential assessment against their property does not constitute a valid appeal. 3. Errors identified in an appeal must be related to cost, methodology for cost distribution, or benefit to the property as described below: a. Cost: If the benefiting property owner contests these costs, he or she must provide a basis for the claimed discrepancy, such as an estimate from a contractor or other reliable source. b. Costs Methodology: If the benefiting property owner contests the cost methodology used, they have to show why it is not equitable and provide their suggested alternate method of assessment and the justification for its use in place of the staff recommended method. c. Benefit: If a benefiting property owner contests benefit, he or she must provide a statement or documentation on why a particular parcel has no future potential benefit. 4. Upon receipt of an appeal and the required fee, the City Clerk shall transmit the appeal and the official file to the City Council. The City Council may delegate to the Hearing Examiner the responsibility to hold a public hearing, establish the record and provide a written report containing a recommendation 6g. - Utility Systems Division recommends approval of an ordinance Page 89 of 96 ORDINANCE NO. ________ 10 to the City Council. Following the public hearing, the Hearing Examiner shall issue a written recommendation which is mailed to parties of record. Pursuant to City Code Section 4‐8‐15 RMC 4‐8‐110, any party of record may request reconsideration within fourteen (14) days of the issuance of the Hearing Examiner’s report. Following expiration of the reconsideration period, the Hearing Examiner shall submit his written recommendation to the City Council on the Council meeting agenda for concurrence. The City Council shall concur with, alter or deny the Hearing Examiner’s recommendation. D. Council Action: If no appeal is filed, the City Council’s initial approval shall grant the utility or street latecomer’s agreement and authorize the developer, Mayor and City Clerk to sign the document. If an appeal is filed and if delegated to the Hearing Examiner for a hearing and the Council concurs with specific recommendations made by the Hearing Examiner as a result of the public hearing, these recommendations shall be incorporated into the utility or street latecomer’s agreement. Following approval, alteration or denial of the Hearing Examiner’s recommendation, if any, on the appeal, the Council shall grant the utility or street latecomer’s agreement and authorize the developer, Mayor and City Clerk to sign the document. 9‐5‐68 EXECUTION, RECORDING AND NOTICE: The utility or street latecomer’s agreement is mailed to the developer by the City Clerk and must be signed, notarized and returned within sixty (60) days of the date of Council approval for execution by the Mayor and City Clerk. If not 6g. - Utility Systems Division recommends approval of an ordinance Page 90 of 96 ORDINANCE NO. ________ 11 consummated within the sixty (60) day period, the utility or street latecomer’s agreement will become null and void. The City Council can give consideration to extending this period by a showing of hardship or excusable neglect on the part of the holder of the utility or street latecomer’s agreement. The fully executed utility or street latecomer’s agreement shall be recorded in the official property records of King County, Washington. 9‐5‐79 CONTRACT FINALITY: Once the utility or street latecomer’s agreement together with a legal description and a map of the latecomer’s boundary are recorded with the King County, it shall be binding on owners of record within the assessment area. Following receipt from King County of the recorded utility or street latecomer’s agreement, the City Clerk will mail a copy of the recorded agreement to the holder of the utility or street latecomer’s agreement. 9‐5‐810 TITLE TO IMPROVEMENT AND ASSIGNMENT OF BENEFIT: Before the City will collect any latecomer’s fee, the holder of the utility or street latecomer’s agreement will transfer title to all of the improvements under the utility or street latecomer’s agreement to the City. The holder of the utility or street latecomer’s agreement will also assign to the City the benefit and right to the latecomer’s fee should the City be unable to locate the holder of the utility or street latecomer’s agreement to tender any latecomer’s fee that the City has received. The holder of the utility or street latecomer’s agreement shall be responsible for keeping the City informed of their correct mailing address. 6g. - Utility Systems Division recommends approval of an ordinance Page 91 of 96 ORDINANCE NO. ________ 12 Should the City be unable to locate the holder of the utility or street latecomer’s agreement in order to deliver a latecomer’s fee, the City shall undertake an independent investigation to determine the location of the holder of the utility or street latecomer’s agreement. Should the City, after a good faith attempt to locate the holder of the utility or street latecomer’s agreement, be unable to do so, the latecomer’s fee shall be placed in the Special Deposit Fund held by the City for two (2) years. At any time within the two (2) year period the holder of the utility or street latecomer’s agreement may receive the latecomer’s fee, without interest, by applying to the City for that latecomer’s fee. After the expiration of the two (2) year period, all rights of the holder of the utility or street latecomer’s agreement to that fee shall expire, and the City shall be deemed to be the owner of those funds. 9‐5‐911 TENDER OF FEE: When the City has received the funds for a latecomer’s fee, it will forward that fee, if possible, to the current holder of the utility or street latecomer’s agreement at the current address of the holder of the utility or street latecomer’s agreement that is on file with the City, within thirty (30) days of receipt of the funds. It is the responsibility of the holder of the utility or street latecomer’s agreement to keep his/her address current with the City. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the City. Should the City fail to forward the latecomer’s fee to the holder of the utility or street latecomer’s agreement 6g. - Utility Systems Division recommends approval of an ordinance Page 92 of 96 ORDINANCE NO. ________ 13 through the City’s sole negligence, then the City shall pay the holder of the utility or street latecomer’s agreement simple interest on those monies at the rate of twelve percent (12%) percent per annum. However, should the holder of the latecomer’s fee not keep the City informed of its his/her current correct mailing address, or should the holder otherwise be negligent and thus contribute to the failure of the City to pay over the latecomer’s fee, then no interest shall accrue on late payment of the latecomer’s fee. 9‐5‐1012 RELEASE OF ASSESSMENT: When funds are received for a latecomer’s fee, the City will post said payment on the City’s assessment data base for the real property owned by the party paying the latecomer’s fee, within thirty (30) days of receipt of the funds. An individual certificate of payment will not be recorded with King County. The City will record a certificate of payment and release of assessment for the entire latecomer’s area when all the property owners have paid their assessment or upon expiration of the term of life of the utility or street latecomer’s agreement. 9‐5‐1113 TERM OF LIFE: A. Utility latecomer’s agreements shall be granted for a period of twenty (20) years, or longer, if extended in accordance with RCW 35.91.020(4)(a) as it exists or is hereafter amended. B. When authorized by the City Council, a street latecomer’s agreement can be granted for a period of up to but not to exceed fifteen (15) years, or longer, if extended in accordance with RCW 35.72.020(2)(a) as it exists or is hereafter 6g. - Utility Systems Division recommends approval of an ordinance Page 93 of 96 ORDINANCE NO. ________ 14 amended. No extensions will be granted beyond the period of time established by City Council. The street latecomer’s agreement will expire at the end of the period of time established by the City Council. 9‐5‐1214 FEES: A. There shall be paid to the City a non‐refundable processing fee as set forth in RMC 4‐1‐180A.1 the City of Renton Fee Schedule. B. At the time the City has received funds for a latecomer’s to forward to the holder, There shall be a fee for the administration and collection of latecomer’s agreement as set forth in the City of Renton Fee Schedule. 9‐5‐1315 CITY NOT RESPONSIBLE: By instituting the utility or street latecomer’s agreement the City does not agree to assume any responsibility to enforce the utility or street latecomer’s agreement. Nothing in this Chapter shall create a private right of action for damages against the City for failing to comply with the requirements herein. The final utility or street latecomer’s agreement recorded with King County will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The holder of the utility or street latecomer’s agreement has responsibility to monitor those parties connecting to the improvement. Should the City become aware of such a connection, it will use its best efforts to collect the latecomer’s fee, but shall not incur any liability should it inadvertently fail to collect the latecomer’s fee unless the City’s failure is willful or intentional. Failure of the City to comply with the 6g. - Utility Systems Division recommends approval of an ordinance Page 94 of 96 ORDINANCE NO. ________ 15 requirements of this section does not relieve it of any future requirement to comply with this section. 9‐5‐1416 IMPROVEMENTS CONSTRUCTED BY DEVELOPER: Improvements may be installed by developer per approved plans following issuance of the construction permit and payment of applicable permit and development fees. The notification and appeal process, established by this Chapter, may result in a decision by the City Council which would alter the potential payment to the beneficiary of the utility or street latecomer’s agreement. If the beneficiary proceeds to construction prior to either the preliminary or City Council approval of the utility or street latecomer’s agreement following all appeals, the beneficiary does so at the beneficiary’s own risk. 9‐5‐1517 INTEREST: No interest rates are added to fees collected under private developer held utility or street latecomer’s agreements. 9‐5‐16 SEGREGATION AND RELIEF OF LATECOMER’S FEES: (Rep. by Ord. 4723, 5‐11‐98) SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 6g. - Utility Systems Division recommends approval of an ordinance Page 95 of 96 ORDINANCE NO. ________ 16 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2014. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1821:5/29/14:scr 6g. - Utility Systems Division recommends approval of an ordinance Page 96 of 96