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Council 11/22/2010
AGENDA RENTON CITY COUNCIL REGULAR MEETING November 22, 2010 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Winter Response ‐Snow Removal 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one‐half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 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 11/15/2010. Council concur. b. City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐10‐003); appeal filed by Clifford Moon, MVH ‐ Renton Properties, LLC, accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record, the Hearing Examiner’s report, the notice of appeal, and additional submissions by parties (RMC 4‐8‐110.F.6.). c. Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Tukwila to serve as the lead agency regarding the Tukwila Sounder Station. Council concur. (See 8.a.) d. Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization for final pay estimate in the amount of $16,662.77, commencement of a 60‐day lien period, and release of retained amount of $9,762.34 to Landon Construction Group, contractor, if all required releases are obtained. Council concur. e. Community Services Department submits CAG‐10‐091, Renton Fire Station 17 Roof project, and requests approval of the project, commencement of a 60‐day lien period, and release of retained amount of $6,156.77 to Stanley Roofing Company, Inc., contractor, if all required releases are obtained. Council concur. f. Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Company for 2011/2012 healthcare broker services. Page 1 of 166 Refer to Finance Committee. g. Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Management Administrators (HMA) for 2011 medical, dental, and prescription claims processing. Refer to Finance Committee. h. Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team (VSWAT). (See 8.b.) i. Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Committee. j. Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Recovery Funding Board (SRFB) for the Maintenance Dredging and Shoreline Mitigation project at the Airport. City’s match: $56,600 (paid for by King Conservation District WRIA Grant). Council concur. k. Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District WRIA Grant to cover the cost of matching funds required for the Maintenance Dredging and Shoreline Mitigation project at the Airport. Council concur. 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: State Legislative Agenda b. Committee on Committees: 2011 Committee Assignments c. Finance Committee: Vouchers; RVA Center Utility Billing Adjustment Request; Year‐End Budget Amendment* 8.RESOLUTIONS AND ORDINANCES Resolutions: a. Interlocal Agreement with City of Tukwila regarding the Tukwila Sounder Station (See 6.c.) b. Interlocal Agreement regarding Valley Special Weapons and Tactics Team (See 6.h.) Ordinance for first reading: a. 2010 Year‐End Budget Amendment (See 7.c.) Ordinances for second and final reading: a. Criminal violations of Park Rules & Regulations (1st reading 11/15/2010) b. Establishing property tax levy rate for 2011 (1st reading 11/15/2010) c. Increasing water utilities tax (1st reading 11/15/2010) d. 2011/2012 City of Renton biennial budget (1st reading 11/15/2010) 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 Page 2 of 166 (Preceding Council Meeting) COUNCIL CHAMBERS November 22,2010 Monday, 6:30 p.m. State Legislative Agenda • 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 3 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appeal of Hearing Examiner's decision dated 10/21/2010 regarding the North Renton Professional Bldg Rebuild Permit application; 115 Pelly Av. N. (File No. LUA-10-003) Meeting: Regular Council - 22 Nov 2010 Exhibits: • City Clerk’s appeal notification letter (11/9/2010) • Appeal to Council from Clifford Moon, MVH – Renton Properties, LLC. (11/4/2010) • Hearing Examiners’ Report & Decision (10/21/2010) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie I. Walton, City Clerk Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ n/a Transfer Amendment: $n/a Amount Budgeted: $ n/a Revenue Generated: $n/a Total Project Budget: $ n/a City Share Total Project: $ n/a SUMMARY OF ACTION: Appeal of the Hearing Examiner’s Decision on the North Renton Professional Bldg Rebuild Permit application; 115 Pelly Av N., was filed on November 4, 2010, by Clifford Moon, MVH – Renton Properties, LLC, accompanied by the required $250.00 fee. STAFF RECOMMENDATION: Council to take action on the appeal regarding the North Renton Professional Bldg Rebuild Permit application. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 4 of 166 Denis Law Mayor November 9, 2010 APPEAL FILED BY: City Clerk - Bonnie I.Walton Clifford E. Moon, represented by Aaron Vederoff RE: Appeal of Hearing Examiner's decision regarding the North Renton Professional Building Permit application, 115 Pelly Avenue N. (File No. LUA-1O-O03) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the North Renton Professional Building has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, within five days of receipt of the notice of appeal, or after all appeal periods with the Hearing Examiner have expired, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions regarding.the appeal within ten (10) days of the date of mailing of this notification. The deadline for submission of additional letters is by 5:00 p.m., Friday, November 19, 2010. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 3:00 p.m. on Thursday, December 9, 2010, in the Council Chambers, 7 h Floor of Renton City Hall, 1055 South Grady Way, Renton, Washington 98057. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code regarding appeal of Hearing Examiner decisions or recommendations is attached. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please call me at 425-430-6510. Sincerely, Sfru^-J- ^^~ Bonnie I. Walton City Clerk Attachments 1055 South Grady Way • Renton, Washington 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 5 of 166 APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION APPLICATION NAME ^WHAeg^to ^i^etS^&b t tj.0, FILE NO. LUft~K>-005 The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of ths Land Use Hearing Examiner, dated 24 QCfttAflcflg. 20_i6_. 1. IDENTIFICATION OF PARTY APPELLANT: REPRESENTATIVE (IF ANY): Name: (MXI&b&O g THoflO Name: A£Wu WQ^lb^F Address: 1 &U? \ - ^^V AviT MF Address: ITW -^i^ AL^ V& Phone Number: 2ffi>< 3^1-^545 phone Number: 2tih< 525? -GftVU Email: Mg^Ll^^ifv^C^O (9 r%7L, CVl^X EmaiI: AvWg^f^JlW^O , CflWl 2- SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based:CiTY0F RENTON Finding of Fact: (Please designate number as denoted in the Examiner's Report) NOV 04 2010 ^ & ,„ No. Error: ! UllYO^f&HCE Correction: Conclusions: No. (S-X Error: JT" £)d£6 UOT M&spr AT" imfr *ftn^ &<e~tf^<xH%&rtoAr FfeNg Correction: \T~ f)Q&5 lUgfeT" jS£W_ o^Hrw^'cufltTVtett*- 3R*^ ti^gr Other: No. Error: Correction: 3- SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) O 10 '^BP^ A Reverse the decision or recommendation and grant the following reliefs \Z&^Oi VO Modify the decision or recommendation as follows: . L^ft^MjPeti/MV^ : Remand to the Examiner for further consideration as follows: Other: Appellant/Representative Signature Type/Printed Name Date. ~~ NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal procedures. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 6 of 166 City of Renton Municipal Code: Title IV, Chapter 8, Section 110 - Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-11 OF: Appeals to City Council - Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by die City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 7 of 166 MVH-Renton Properties LLC Clifford E. Moon 7711 - 31st Ave NE Aaron Vederoff Seattle, Washington 98115-4727 Stuart Hunting November 4, 2010 City Council City of Renton 1055 South Grady Way Renton, Washington 98057-3232 Ref: North Renton Professional Building LUA-10-003 115PellyAveN Council Members, On April 17, 2007, we initiated an application to renew a Rebuild Approval Permit for a non-conforming medical/dental building rezoned to R-8 and R-10 zones in 1997. The building and its uses conformed to zoning from 1957 to 1997. On October 21, 2010, the Office of the Hearing Examiner, for the City of Renton, denied our request. There are two rebuild approval criteria: one for non-conforming use and the second for a non-conforming structure. We believe that we meet four of the six criteria for non-conforming use: Community Need, Location, Effect on Adjacent Property and Economic Significance. Further, we believe we meet three of the five criteria for non-conforming structure: Compatibility with Surrounding Structures, Condition of Building/Structure, and Development from Development Regulations. These are the minimum requirements for the Rebuild Approval Permit to which we have conformed for more than fifty years. We request that you grant a ten year continuation of a legal non-conforming use and structure on the subject property. A draft Restrictive Covenants is attached for your review and approval. Cliffori Member 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 8 of 166 DRAFT RESTRICTIVE COVENANTS GRANTOR: MVH - Renton Properties, LLC, a Washington Corporation, is owner of the subject property located in the City of Renton, County of King, State of Washington. GRANTEE: City of Renton LEGAL DESCRIPTION OF SUBJECT PROPERTY: Renton Farm Plat #3 Situate in the NW Quarter of Section 17, Township 23, Range 5, in the City of Renton, King County, Washington. RESTRICTIONS and COVENANTS MVH - Renton Properties, LLC, on its own behalf and on behalf of its successors and assigns, and in consideration for a conditional approval permit allowing the continuation of a legal non-conforming use and structure on the Subject Property, hereby establishes, grants and imposes the following RESTRICTIONS and COVENANTS running with the land: 1. The conditional approval permits (Permits) for the existing structure (one- story clinic building) as well as use (a medical/dental clinic), shall be in effect for a period not exceeding ten (10) years from date of issuance. 2. If a catastrophic loss of the original structure occurs within the Permits' period with losses exceeding 50% of the assed value of the structure, and the site is not redeveloped within two years of such loss, both Permits will expire on the second anniversary of the date of the loss. The percentage of the non-conforming building that may be replaced with a legal non- conforming structure shall not exceed the amount of the structure accidently damaged. 3. MVH - Renton Properties, LLC, or its successor in interest, shall notify new tenants, in writing, of the non-conforming status of the existing use and structure. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 9 of 166 4. MVH - Renton Properties, LLC, or its successor in interest, shall notify new tenants, in writing, of the remaining period of the Permits. 5. The Permits referenced herein are void and will not apply to any portion of the structure that is found to have intentionally damaged by the owner or its agents or assigns. Any redevelopment will be required to be in compliance with all then existing codes and regulations. 6. Any redevelopment pursuant to Paragraph 2 must comply with the requirements for a site plan review. The replacement structure shall be reviewed to ensure that it is architecturally in character in terms of its roof treatment, setbacks, etc., with the surrounding area at that time and, that it complies with all relevant building codes and the existing zoning codes then in place to the extent possible and as otherwise permitted by the Permits. 7. MVH - Renton Properties, LLC, or its successors or assigns, may request subsequent Permits. Such Permits may be issued if the conditions at the time still warrant such conditional approval of the use and structure. New restrictive covenants will be required to be recorded. Said covenants will require the approval of the City Attorney. 8. These Restrictive Covenants shall run with the land and expire at the termination of the Permits referenced herein. If either the use, the structure, or both, are made conforming during the Permits' period, the covenants pertaining to the previously nonconforming use, structure, or both, shall terminate without necessity of further documentation. 9. Any violation or breach of these Restrictive Covenants may be enforced in King County Superior Court by the City of Renton or any adjoining property owner who is adversely affected by said breach. MVH - Renton Properties, LLC By Aaron Vederoff, Member Manager 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 10 of 166 STATE OF WASHINGTON COUNTY OF I certify that I know or have satisfactory evidence that Aaron Vederoff signed this instrument, on oath stated that he was authorized to execute this instrument, and acknowledged him as the Member Manager of MVH - Properties, LLC to be the free and voluntary act of such party for uses and purposes mentioned in the instrument, and that the seal affixed is the corporate seal of said corporation. DATED this day of , 2010 NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 11 of 166 October 21, 2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Decision REPORT AND REeOMfVffiNDATieN OWNER: APPLICANT/CONTACT: MVH-Renton Properties, LLC c/o Aaron Vederoff 7711 -31st Avenue NE Seattle, WA 98115 Clifford E. Moon MVH-Renton Properties, LLC 16261 3 6th Avenue NE Lake Forest Park, WA 98155 North Renton Professional Building LUA-10-003 LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: 115 Pelly Avenue N The applicant is requesting a Rebuild Approval Permit for a non-conforming medical office use and office building located in the R-8 and R-10 zones. Development Services Recommendation: Deny The Development Services Report was received by the Examiner on September 21, 2010. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the September 28, 2010 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 28, 2010, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. • Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Google Map Image Exhibit No. 4: Site Plan Sketch 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 12 of 166 North Renton Professional Building File No. :LUA-10-003 October 21, 2010 Page 2 Exhibit No. 5: Photograph of East Face of Building Exhibit No. 7: Photograph of North Face of Building Exhibit No. 9: Restrictive Covenant for the 1997 Conditional Approval Exhibit No. 11: Photograph looking Northeast showing the Family Medical Clinic just south of the Renton Professional Building Exhibit No. 13: Photograph looking East on Pelly Avenue N showing the Renton Vision Clinic also with a flat roof Exhibit No. 15: Typed statement given by Mr. Vederoff. Exhibit No. 6: Photograph of West Face of Building Exhibit No. 8: 1997 Certificate of Conditional Approval Exhibit No. 10: Zoning Map showing R-8 and R-10 zone designations Exhibit No. 12: Photograph looking West on Pelly Avenue N, shows Clinic on the south with a flat roof. Exhibit No. 14: Photograph looking Northwest showing the alley side of the Renton Professional Building The hearing opened with a presentation of the staff report by Vanessa Dolbee, Senior Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98057. The applicant is requesting a rebuild approval permit for a non-conforming medical office use. The building is located at 115 Pelly Ave N, the parcel is a split zone, the northern portion is R-8 and the southern is R-10. This permit, if approved, would allow the non-conforming structure to be remodeled, re-established or rebuilt even though the costs of the re-establishment of the use would exceed 50% of the most recently appraised value. Without this permit the businesses within the structure would be permitted and allowed to remain. The applicant would be subject to the RMC in terms of what they can do with maintenance and rebuild. The Examiner questioned if a tenant moved out and another one moved into that space, would the space not be considered vacated. Ms. Dolbee stated that that was correct. The site is located on the west side of Pelly Avenue N and is north of N 1st Street, which is in the North Renton Neighborhood. This building was established in 1957 as a clinic and contains various medical offices. The building is approximately 3,921 square feet with 19 parking stalls in the northern parking lot and some diagonal stalls off the alley in the rear. Access to the site is via Pelly Ave N or the alley which intersects with North 1st Avenue. There is mature landscaping along the front of the property and some landscaping on the north side of the building. No changes to the structure have been proposed by the applicant as part of this permit. North of the site is single-family residential homes zoned R-8, to the east is single-family residential homes with the exception of one piece of property which currently houses a vision clinic. To the south is the R-10 zone with an existing Renton Family Practice Clinic. On the west is more single-family residential buildings zoned R-10. The subject site is exempt from SEP A review because the structure currently exists and no changes are proposed. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 13 of 166 North Renton Professional Building File No.: LUA-10-003 October 21, 2010 Page 3 There are two rebuild approval criteria; one for the non-conforming use and the second for the non-conforming structure. In reviewing the non-conforming use issue there are six factors to be considered and four must be complied with for approval; Community Need, the continuation of this use at its current location would result in an overconcentration of a particular use within the area surrounding the site; Location, the subject location is suitable for the existing use; Effect on Adjacent Property, no comments from surrounding neighbors were received, there is a large amount of mature landscaping along Pelly Ave N to screen the front of the building however, there is only a fence to the north and no screening is provided across the alley; Historical Significance, the building is not associated with a historical event or activity; Economic Significance, the subject building does not provide a substantial benefit to the community from employment or tax revenues; and timeliness with existing plans and programs. The approval of the Rebuild Approval Permit would result in a delay of the implementation of the City's Comprehensive Plan. The criteria for a non-conforming structure include five criteria and three must have been satisfied in order to approve the permit; Architectural and/or Historic Significance, the existing office building does not represent a unique architectural style there are many office buildings with this style of architecture; Architectural Compatibility with Surrounding Structures, this building is not a part of a unified streetscape of similar structures that are unlikely to be replicated; Potential of Site for Redevelopment, the redevelopment of the subject site would be economically feasible; Condition of Building/Structure, the building has been well maintained and is not considered to be a threat to the public health, welfare or safety; Departure from Development Regulations, the existing building does not pose a threat to the public health, welfare or safety. The North Renton Building complies with two of the six criteria for non-conforming use and two of the five criteria for non-conforming structure. The Examiner questioned the fact that they did receive a permit back in 1997 which expired and they are now looking to re-new this permit. Ms. Dolbee stated that was correct and that the criteria had not changed since that time. Under the existing code they can continue this use and they can continue to maintain the structure. If approved the Conditional Approval Permit would allow the structure to be re-built should, for example, the structure burn to the ground and the cost to rebuild the structure was beyond the cost of the assessed value. Aaron Vederoff. 7711 31st Avenue NE, Seattle 98115 stated that he is one of three owners of the building, He manages the building, collects the rents and pays the bills. His comments were written out and covered only the points that the owners take issue with, either disagree or actually say they are not correct. Item #1: Project Description/Background; there are 23 non-residential uses and buildings within the area. This building is the most outstanding, attractive and well maintained small commercial building in the area. It is important to get this permit approved; the understanding is that the use may continue without any problem. The dentist currently occupying the building entered into a conditional agreement to purchase the building but was advised by his attorney not to proceed because of the non-conforming status. The dentist is still interested in buying the building but not unless the Rebuild Approval Permit is renewed. There appears to be a question as to whether financing can be obtained without the ability to rebuild if more than 50% of the building is damaged. Item #4a: Community Need; the ability for relocation seems to ignore the fact that this dental practice has been. established in this location for over 50 years and is extremely established. Moving would create challenge and hardship. Item #4e: Economic Significance; the current tenants do pay B&O tax and therefore provide economic benefit to the City. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 14 of 166 North Renton Professional Building File No.: LUA-10-003 October 21, 2010 Page 4 Item #4f: Timelines with Existing Plans and Programs; it appears to be an extremely modest delay to the 100% implementation to the City's Comprehensive Plan. Further it appears that the City began the process of looking at the zoning for the area and it has been put on hold. It is possible that the new zoning would allow the outright use for a small office building. Item #5a: Architectural and/or Historical Significance; the building is unique with the "U" configuration rather than the typical rectangle. Item #5b: Architectural Compatibility with Surrounding Structures; the building does have a pitched roof, not a flat roof as stated in the report. The building is set back from the property lines on all four sides and is a valuable asset to the immediate neighborhood. Item #5c: Site Potential for Re-Development; the site could be redeveloped with three units; it seems to be extremely unlikely to be done. There are six houses in the block with an assessed value ranging from $119,000 to $243,000; it is difficult to believe that someone would build new houses that would cost $400,000 or more with the existing houses as neighbors. Clifford Moon, 16261 36th Avenue NE, Lake Forest Park 98155 stated that he is also one of the owners and proceeded to show additional photos of the area. The Conditional Use permit that was part of the building expired in June 2007. The City was contacted in April 2007 to begin this process, it has taken three years to get to the hearing today. They would like to continue the current status of the building. The Examiner stated that if the building was totally lost to fire or whatever, the expectation would be that the new construction would be upgraded to meet the existing codes. This issue is forced by the potential resale of the building where a purchaser would be subject to the same constraints as currently exist with redeveloping the property. Mr. Vederoff stated if there was a complete burn down of the building, the concern as the City would be can somebody economically redevelop it with three housing units. The Examiner stated that at the same time someone at that point in redeveloping a dental office clinic as a modern structure would also be very expensive as well as a loss of income while it is being developed. Those are the trade-offs, the code is designed to help move out non-conforming uses ultimately. This building is well maintained and there is no problem with that. Mr. Vederoff continued stating that they were asking for the 10 year permit as previously. He has seen in other agreements such as this that there is no time limit. This seems unusual where a time limit is given. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:41 a.m. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 15 of 166 North Renton Professional Building File No.; LUA-10-003 October 21, 2010 Page 5 FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following FINDINGS: 1. The applicant, Clifford E. Moon, filed a request for a Rebuild Approval Permit to allow replacement of a legal non-conforming use in the event of a substantial loss. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEP A) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. There was no opposition from the public regarding the subject proposal. 6. The subject site'is located at 115 Pelly Avenue North. The subject site is located on the west side of Pelly one parcel north of North 1st Street. An alley runs along the rear or west side of the parcel between Pelly and Wells Avenue North. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family and medium density multifamily uses, but does not mandate such development without consideration of other policies of the Plan, 8. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre) for the north portion and R-10 (Residential; 10 units per acre) for the south portion. 9. The subject site was annexed to the City with the adoption of Ordinance 156 enacted in May 1909. 10. There is R-10 zoning south and west of the subject site and R-8 zoning directly east across Pelly and north and northwest of the subject site. 11. Single family uses are located north, northeast and west of the subject site. Renton Vision Clinic is across the street in an R-8 parcel. Renton Family Practice Clinic is located directly south on another R- 10 parcel. 12. The subject site is approximately 15,000 square feet. The existing building is approximately 3,921 square feet. 13. The building is a one-story, U-shaped building. The building has a pitched roof. The staff report noted it had a flat floor line. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 16 of 166 North Renton Professional Building File No.: LUA-10-003 October 21,2010 Page 6 14. The building is served by 19 on-site parking stalls and 5 parallel spaces on the street. There are 11 stalls located near the north property line. There is landscaping between the parking and the adjoining single family home. There are also stalls west of the building. These stalls directly back onto the alley. Single family uses are located on the west of the alley. Code does not permit direct maneuvering from an alley into parking for commercial uses. These alley-accessed parking stalls are legally non- conforming like the building and uses. 15. The site contains mature landscaping in front of the building both along the street and within the niche created by the U-shaped building. A fence and narrow landscape strip provides some separation along the north property line. There is no landscaping along the alley where the applicant has a series of parking stalls. 16. The purpose of a rebuild approval permit is to allow nonconforming uses and/or structures that became nonconforming as a consequence of Code amendments in June 1993 and thereafter, to be re-established and/or rebuilt in certain zoning districts where they would normally be prohibited because the costs associated with re-establishing the use and/or structure exceed fifty percent (50%) of their most recently assessed or appraised value prior to the loss or damage. 17. The City issued a Rebuild Approval Permit for the subject site in 1997 (City file# LUA97-044). This permit expired 10 years after its issuance on June 26, 2007. 18. The applicant has indicated that the current zoning has restricted the building's sale as a commercial entity and may encumber its refinancing. The applicant noted the unkempt nature of the alley for the properties west of the alley. There have been no complaints about the current use. 19. A density calculation is not required for this analysis. Staff estimated that if the property were redeveloped with some conforming residential uses there might be a potential for three units. 20. The development of one single family home would generate approximately 10 trips. Three residential units, depending on the nature of the use or uses, could generate approximately 30 trips. Staff estimates that the clinic would generate more traffic than one single family use and probably more than a three unit development. CONCLUSIONS 1. Section 4-9-120 contains the criteria for approving a rebuild approval permit: E REVIEW CRITERIA FOR NONCONFORMING USES: The Reviewing Official may issue a rebuild approval permit only when the continuance of the use is determined to be in the public interest and such uses are: (1) found to be compatible with other existing and potential uses/structures in the general area; or (2) can be made to be compatible with the application of appropriate conditions. The Reviewing Official shall consider the following factors when considering a request for a rebuild approval permit for a nonconforming use. In order to grant the permit, at least four (4) of these factors shall be complied with: 1. Community Need: There shall be a community need for the proposed use at its present location; and the continuance of the nonconforming use should not result in either the 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 17 of 166 North Renton Professional Building FileNo.:LUA-10-003 October 21,2010 Page 7 detrimental overconcentration of a particular use within the City or within the area surrounding the site. 2. Location: The existing location is or can be made suitable for the existing use. 3. Effect on Adjacent Property: The existing nonconforming use has not resulted in undue adverse effects on adjacent properties from noise, traffic, glare, vibration, etc., (i.e., does not exceed normal levels in these areas emanating from surrounding permitted uses). 4. Historical Significance: The existing use was associated with a historical event or activity in the community and as a result has historical significance. 5. Economic Significance: The existing use provides substantial benefit to the community because of either the employment of a large number of people in the community, the generation of considerable retail and/or business/occupation tax revenues to the City, or it provides needed affordable housing. 6. Timeliness with Existing Plans and Programs: Because of the anticipated market timing for permitted uses in the zone, retention of the existing nonconforming use would not impede or delay the implementation of the City's Comprehensive Plan. F REVIEW CRITERIA FOR NONCONFORMING STRUCTURES: The Reviewing Official may issue a rebuild approval permit only when the continuance of the structure is determined to be in the public interest and such structures are: (1) found to be compatible with other existing and potential uses/structures in the general area; or (2) can be made to be compatible with the application of appropriate conditions. The Community and Economic Development Administrator shall consider the following factors, when considering a request for a rebuild approval permit for a nonconforming structure. In order to grant the permit, he/she shall find that at least three (3) of the following criteria have been satisfied: 1. Architectural and/or Historic Significance: The structure represents a unique regional or national architectural style or an innovation in architecture because of its style, use of materials,.or functional arrangement, and is one of the few remaining examples of this. 2. Architectural Compatibility with Surrounding Structures: The nonconforming building or structure was part of a unified streetscape of similar structures that is unlikely to be replicated unless the subject structure is rebuilt per, or similar to, its original plan. 3. Potential of Site for Redevelopment: Redevelopment of the site with a conforming structure is unlikely either because the size of the existing lot may be too small to be economical, or because the characteristics of adjacent permitted uses (that might normally be expected to expand to such a site) currently might preclude their expansion. Typically, economic hardship would not be considered for a variance, but is a consideration here. 4. Condition of Building/Structure: If nonconforming as to the provisions of the City's Building Code, the building or structure and surrounding premises have generally been well maintained and are not considered to be a threat to the public health, welfare, or safety, or they could be retrofitted so as not to pose such a threat. 5. Departure from Development Regulations: If nonconforming with the provisions of the City's development regulations, the building or structure does not pose a threat to the public health, welfare or safety, or could be modified so as not to pose such a threat. (Ord 5450, 3-2-2009) G DECISION OPTIONS: The approving body may grant, with or without conditions, or deny a requested rebuild approval permit. Such a permit, if granted, typically would carry conditions with it pertaining to how a damaged structure would be allowed to redevelop. The approving body may, for example, limit the term and duration of the rebuild approval permit as well as impose conditions. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 18 of 166 North Renton Professional Buildmg FileNo.:LUA-10-003 October 21, 2010 Page 8 H CONDITIONS OF APPROVAL: Conditions imposed by the approving body shall reasonably assure that nuisance or hazard to life or property will not develop. A rebuild approval permit for a nonconforming use and/or structure may, for example, be conditioned upon the provision and/or guarantee by the applicant that necessary public improvements, facilities, utilities and/or services needed to support the use/structure will be provided, or the provision of other features that would make . the use/structure more compatible with its surroundings. I EXPIRATION: Conditions imposed relating to the duration of a permit for a use or structure should also reflect reasonable amortization periods for any substantial upgrades to the premises that are required by City Code. 2. This office has to reluctantly agree with staffs recommendation in this matter. There are two sets of criteria. One set of criteria refers to non-conforming "uses" while the other refers to non-conforming "structures." Those criteria that so carefully outline what is permissible do not sanction the permit the applicant has requested. It does not meet at least four of the criteria found above for use nor three criteria for structure. At the same time, this office has to reconfirm what staff reported regarding this building and the uses it houses - the building may be maintained in a normal fashion and the established uses and similar uses within it are all legally allowed to remain and may continue operation. Code and courts have generally encouraged the conversion of non-conforming structures and uses to conforming to current codes. Granting a permit to avoid conversion is not entertained lightly and Code provisions require that the criteria be appropriately satisfied. The use does not satisfy the criteria for approving the requested permit. Non-Conforming Uses Criteria 3. While the use obviously serves the needs of patrons - both immediate neighbors and other patrons of the buildings and its uses, those needs can be served by a building and uses in the commercial zones found nearby. The nearby vicinity provides the CN zone a block north and east of the site, the CA zone a block east of the site or downtown Renton a block or two south of the site. There is no community need for the uses at this specific location. In addition, there are two other legal non-conforming uses in the immediate vicinity also serving medical patrons. One is immediately south of the -subject site and another directly across Pelly east of the subject site. These uses together create an over-concentration of non-conforming uses in an area of residential zoning. 4. The use has been established and, admittedly, well-maintained in the area for more than 50 years. The use has not generated any complaints. The building is designed for its current uses. Landscaping helps the use blend into the area although there is little to screen the building's alley parking from its residential neighbors west of the alley. There is also limited separation between the north parking area and the adjacent single family home. The applicant's comments on the state of those neighboring properties across the alley could reflect neglect or just a reaction to being subjected to the applicant's parking lot across the alley. 5. The use has been established in its location for a long time and neighbors are probably use to it. The use does generate more traffic than a standard, single family home and staff estimated it probably generates more traffic than a limited number of residential uses. A conforming residential use or uses would probably have less effect on neighboring properties but it does not appear that the use had adverse impacts on those adjacent uses. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 19 of 166 North Renton Professional Building File No.: LUA-10-003 October 21, 2010 Page 9 6. While nicely maintained, neither the building nor contained uses have any historical or architectural significance. The uses are routine medical clinics. 7. Staff found that the building and its uses do not provide affordable housing. While it employs a complement of medical professionals and associates it does not provide retail uses and does not provide any substantial tax revenues either from occupation or sales taxes. 8. Finally, the timeliness of existing plans and code amendments suggests that the use should have been transitioned to a conforming use in 2007. Clearly, there has been no urgency in this area. The use is established and the applicant had a permit to allow restoration until June 26, 2007. Realistically, removing or renovating the existing building to provide residential uses will not occur if a permit were granted to allow reconstruction in the event of loss. Providing a use consistent with both the comprehensive plan's goals and the current zoning will not occur if a permit is granted. Frankly, it probably will not occur without a permit approval either as the use is still flourishing. Non-Conforming Structures Criteria 9. The other criteria for non-conforming structure rebuild approval mirror in some cases the criteria found above. The building is neither architecturally nor historically significant. 10. The one-story building is larger than nearby single family homes in area although it is not overly tall. Yard conformity was not analyzed for this review but the building could be converted to residential uses with potentially non-conforming yards. The building is not part of a unified streetscape and does differ significantly from neighbor residential uses. 11. The applicant pointed out in the current economy that redevelopment to conforming residential uses would be unlikely in the near term. Staff noted that redevelopment of conforming uses is possible even if not an immediate result. 12. Again, this office has to emphasize that the building and its landscaping area well-maintained and would not contribute to adverse impacts on health, safety or welfare. 13. Finally, this office cannot ignore the precedent of granting the permit. Two other non-conforming uses are also located on this street. Approving this permit would create a precedent that would potentially lead to similar additional requests, thereby further delaying the transition of three uses to conforming land use patterns that area required by the comprehensive plan and the Zoning Code. The permit or permits do not satisfy the requisite criteria and therefore, the permit must be denied. If on appeal the City Council believes a permit is warranted, they might consider a reduced timeframe. DECISION The Rebuild Approval Permit is denied. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 20 of 166 North Renton Professional Buildmg File No.: LUA-10-003 October 21, 2010 Page 10 ORDERED THIS 21st day of October 2010. FRED J. KAUF: HEARING EXAMINER TRANSMITTED THIS 21st day of October 2010 to the parties of record: Vanessa Dolbee 1055 S Grady Way Renton, WA 98057 Clifford Moon MVH - Renton Properties, LLC 16261 3 6th Avenue NE Lake Forest Park, WA 98155 MVH - Renton Properties, LLC 7711 31st Avenue NE Seattle, WA 98115 Elizabeth P. Stewart 232 Pelly Avenue N Renton, WA 98057 TRANSMITTED THIS 21st day of October 2010 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Marty Wine, Assistant CAO Gregg Zimmerman, PW Administrator Alex Pietsch, CED Administrator Jennifer Henning, Current Planning Manager Stacy Tucker, Planning Division Dave Pargas, Fire Marshal Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title FV, Chapter 8, Section lOOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., November 4, 2010 Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., November 4, 2010. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 21 of 166 North Renton Professional Building File No.: LUA-10-003 October 21, 2010 Page 11 Kthe Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 22 of 166 E4 - 8 T23N R5E W 1/2 ttenton 'nP ^vision '•R-^BTW R-B ZONING P/B/FW TECHNICAL SERVICES 02728/07 G4 • 20 T23N R5E W 1/2 Benton CSty Iimttp liiOOO F4 17.T23N R5E W 1/2 5317 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 23 of 166 9'-0" typ. ^2 -' X (0 *» s; T ' - • PARCEL NUM3ER: ZONING: 15 PELLY AYE. N.- RENTON, WA 95055 722500-0415 R-10 SITE PLAN SKETCH 1" = 20'-0" > y La Q_ (-4 X X m V of Rento fanning Division JAM 14 arm ©H¥ED 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 24 of 166 KJ W X |^^|g.:wfty of Renton anning Division JAW 14 2010 EIVED 6b. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding the North Renton Professional Building Rebuild Permit application (LUA‐Page 25 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Resolution - Interlocal Agreement with City of Tukwila for Sounder Station Development Meeting: Regular Council - 22 Nov 2010 Exhibits: Interlocal Agreement Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Kris Sorensen (x6593) Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Approval of the Resolution to authorize the Mayor and City Clerk to enter into an Interlocal Agreement with the City of Tukwila allowing Tukwila to serve as the lead agency for processing building permits and land use applications for the Tukwila Sounder Station as the planned permanent station area is located within both jurisdictions. STAFF RECOMMENDATION: Approve the Resolution to authorize the Mayor and City Clerk to enter into an Interlocal Agreement with the City of Tukwila. 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 26 of 166 Page 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS FOR THE TUKWILA SOUNDER STATION THIS INTERLOCAL AGREEMENT (“the Agreement”) is entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to as “Tukwila”), and the CITY OF RENTON, a State of Washington municipal corporation (hereinafter referred to as “Renton”) and in conformity with Chapter 39.34 RCW. RECITALS WHEREAS, Sound Transit Plans recommend a permanent commuter rail station in Tukwila on property acquired by Sound Transit that is addressed in Tukwila as 7301 S. Longacres Way with a legal description attached as Exhibit A and is incorporated herein by reference (“Tukwila Sounder Station”); and WHEREAS, the temporary and permanent use of additional land within the City of Renton is needed for the construction and access to the east platform of the Tukwila Sounder Station; and WHEREAS, the majority of the planned permanent station area of the Tukwila Sounder Station is in the City of Tukwila, however, a portion of the improvements, including the platform, elevator/stair tower, and some pedestrian and emergency access, will be within the jurisdictional limits of the City of Renton. The municipal boundary line relative to the temporary and permanent Tukwila Sounder Station improvements is illustrated in Exhibits B & C attached and incorporated herein by reference; and WHEREAS, Tukwila and Renton agree that having Tukwila process all Tukwila Sounder Station building-related and environmental permits and land use applications on behalf of Renton will provide greater consistency for the Sound Transit project and cost efficiencies for both parties; and WHEREAS, it is the parties intent by virtue of this Agreement that any and all discretionary decisions related to the Tukwila Sounder Station shall be made by Tukwila; and WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW 39.34; NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 27 of 166 Page 2 AGREEMENT 1.Purpose of Interlocal Agreement. The purpose of this Agreement is to provide a single, efficient land use, environmental, and building permit review and decision-making process using one set of development regulations in order to avoid the inherent uncertainty of two separate review processes and concomitant waste of public and private resources that would serve only to increase costs for both cities, the applicant, and the general public. This Agreement is meant to assure the applicant that upon government approval of the Tukwila Sounder Station project as provided for in this Agreement, the applicant may proceed with development of the project in reliance upon that approval. 2. Review and Decision-Making Process for Building Permits, Environmental Permits, and Land Use Applications and Approvals Needed for the Sound Transit Platform Project. 2.1 Tukwila shall be solely responsible for receiving and processing any and all building-related permits, environmental permits or applications, and land use applications for the Tukwila Sounder Station pursuant to the Tukwila Municipal Code (“TMC”). 2.2 For applications that require public notice, Tukwila must include Renton on the list of agencies who will receive notice. Response to the notice will be required for Renton shall automatically be made to be a party of record. 2.3 For the purposes of this Agreement, building-related permits include, but are not limited to building permits, electrical, plumbing and mechanical permits, fire system/fire sprinkler permits, and clearing and grading permits. 2.4 Tukwila’s processing and review of building-related permits, environmental permits, and land use applications shall include but not be limited to rendering decisions to approve, condition, or deny such applications; conducting inspections; issuing correction notices, permit extensions and completion of extensions; approve final construction, and evaluating compliance with approved conditions. 2.5 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant to applicable Tukwila Municipal Code provisions. 3. Duration and Termination. The initial term of this Agreement shall begin upon written execution by both parties and will continue in effect so long as neither party terminates. Either party may terminate this Agreement by providing written notice of such intent to terminate at least ninety (90) days prior to the termination date. Tukwila shall provide Renton with a copy of files and records of all land use, environmental, and building permit applications processed under this Agreement upon termination of this Agreement. Tukwila shall further be available to Renton to provide any further information or assistance regarding project should the parties opt 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 28 of 166 Page 3 to terminate the Agreement. 4. Indemnification. 4.1. Tukwila shall indemnify and hold harmless Renton and its officers, agents, employees, and elected officials or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of them relating to or arising out of the performance of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Renton, Tukwila shall defend the same at its sole cost and expense, provided that Tukwila retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Renton and Tukwila and their respective officers, agents, employees and elected officials, or any of them, Tukwila shall satisfy the same. 4.2. Renton shall indemnify and hold harmless Tukwila and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Renton, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this interlocal agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Tukwila, Renton shall defend the same at its sole cost and expense; provided that Tukwila retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Tukwila and Renton and their respective officers, agents, employees and elected officials, or any of them, Renton shall satisfy the same. 5. Dispute Resolution. It is the parties’ intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level with the respective departments’ Directors and Administrators. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by each city’s City Administrator within thirty (30) days, and if unsuccessful, then the parties agree to submit the dispute to non-binding mediation/dispute resolution. The mediation/dispute resolution process shall be determined via mutual agreement of the parties and the selection of a Mediator must be jointly agreed upon by the parties. Venue for any action relating to the interpretation or enforcement of this Agreement shall be solely in King County Superior Court. 6. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker’s compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party’s employee by virtue of their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and employees of Renton are acting as Renton employees. 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 29 of 166 Page 4 7. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. 8. Assignability. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 9. No Third-Party Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. 10. Entire Proposal. This proposal constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the proposal. Proposed changes that are mutually agreed upon shall be incorporated by written amendment hereto. 11. Filing With Auditor. This Agreement shall be filed with the King County Auditor pursuant to RCW 39.34.040. CITY OF TUKWILA CITY OF RENTON By:_________________________By:___________________________ Mayor James Haggerton Mayor Denis Law Exhibit A – Legal Description of Sound Transit property in Tukwila Exhibit B – Overall site plan of station improvements Exhibit C – Enlarged view of boundary/improvement jurisdictional split 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 30 of 166 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 31 of 166 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 32 of 166 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 33 of 166 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 34 of 166 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 35 of 166 6c. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the City of Tukwila allowing Page 36 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Application City Hall 5th & 6th Floor Remodel CAG-09-204 Meeting: Regular Council - 22 Nov 2010 Exhibits: Final Pay Application (No. 5) Payment to Contractor (COR Finance Dept. form) Notice of Completion of Public Works Contract (DOR) Notice of Completion of Public Works Contract (L&I) Submitting Data: Dept/Div/Board: Community Services Staff Contact: Michael Nolan Recommended Action: Council concur. Fiscal Impact: Expenditure Required: $ $16,662.77 Transfer Amendment: $NA Amount Budgeted: $ $1,500,000.00 Revenue Generated: $NA Total Project Budget: $ $213,795.17 City Share Total Project: $ NA SUMMARY OF ACTION: The Community Services Department submits CAG-09-204, City Hall 5th & 6th Floor Remodel, for final pay estimate and release of retainage. The project started on 12/15/09 and was completed on 8/26/10. The contractor, Landon Construction Group, fulfilled the terms of their contract by remodeling the 5th & 6th floor in city hall to add conference rooms, offices, and security walls and doors to accommodate additional work stations necessitated by the Benson Hill annexation. STAFF RECOMMENDATION: Approveof the project, authorization for final pay estimate in the amount of $16,662.77, commencement of the 60-day lien period, and release of the retained amount of $9,762.34 to Landon Construction Group, contractor, once all required releases are obtained. 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 37 of 166 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 38 of 166 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 39 of 166 Notice of Completion - DOR, 6th flr.doc State of Washington Department of Revenue Audit Procedures & Administration PO Box 47474 Olympia, Washington 98504-7474 Reg.No.: Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From:DEPARTMENT USE ONLY City of Renton 1055 South Grady Way Assigned To Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract City Hall 5th and 6th Floor Remodel Contractor's Name Landon Construction Group Phone No. 206-764-7001 Contractor's Address 13649 NE 126th Place, Suite 201, Kirkland, WA 98034 Date Work Commenced Date Work Completed Date Work Accepted 12/15/09 8/26/10 11/22/10 Surety or Bonding Co.International Fidelity Insurance Company Agent's Address PO Box 3018, Bothell, WA 98041 Contract Amount:$ 121,038.00 Amount Disbursed:$ 204,032.83 Additions or Reductions:$ 74,208.72 Amount Retained:$ 9,762.34 Sales Tax:$ 18,548.45 Total:$ 213,795.17 Total $ 213,795.17 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 40 of 166 Notice of Completion - DOR, 6th flr.doc receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 41 of 166 F215-038-000 Request for Contract Release 09-2009 Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504-4272 Request for Contract Release NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Do not pay retained funds until you have Department of Labor and Industries approval Contractor’s Tax Registration No. (UBI No.) 602 745 990 Date: 11/8/10 From: Name & Address of Public Agency Department Use Only City of Renton, 1055 South Grady Way, Renton, WA 98057 Assigned To: _______________________________________ Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name/Description of Project: City Hall 5th and 6th Floor Remodel Contract Number: CAG-09-204 Contract Amount: $204,032.83 Retained Amount: $9,762.34 Contractor’s Name: Landon Construction Group Telephone Number: 206-764-7001 Contractor’s Address: 13649 NE 126th Place, Suite 201, Kirkland, WA 98034 Date Contract Awarded: 12/14/09 Date Work Commenced: 12/15/09 Date Work Completed: 8/26/10 Date Work Accepted: 11/22/10 Surety or Bonding Company: International Fidelity Insurance Company Agent’s Address: PO Box 3018, Bothell, WA 98041 Please list Subcontractors below: Continue Subcontractors list on other side. Subcontractor’s Name UBI Number: URBAN ELECTRIC 602 548 602 T BAR CONSTRUCTION INC 601 517 747 NORTHWEST FIRE SYSTEMS LLC 602 799 167 Disbursing Officer Comments: Contact Name: Phone Number: Email Address: The Disbursing Officer must complete and submit this notice to the Department of Labor and Industries immediately after acceptance of the work done under this contract. Mail this notice to Department of Labor and Industries, Contract Release, PO Box 44274, Olympia, WA 98504-4274, or fax to (360) 902-6897 or e-mail to ContractRelease@lni.wa.gov. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of the Department’s certificate of release, and then only in accordance with the certificate. For assistance contact Contract Release at (360) 902-5360. Please list Subcontractors below: 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 42 of 166 F215-038-000 Request for Contract Release 09-2009 Subcontractor’s Name UBI Number: BLUE SKY INTGRTD TCHNLGS INC 602 289 800 6d. ‐ Community Services Department submits CAG‐09‐204, City Hall 5th & 6th Floor Remodel, and requests approval of the project, authorization Page 43 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Stanley Roofing, Fire Station 17, Release of Retention Meeting: Regular Council - 22 Nov 2010 Exhibits: Notice of Completion of Public Works Contract Combined Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, Ext. 6605 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $6,156.77 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Community Services Department submits CAG-10-091, Renton Fire Station 17 Roof Project, for project approval and release of retention in the amount of $6,156.77. The project started on September 16, 2010, and was completed on October 27, 2010. The contractor, Stanley Roofing Company Inc., fulfilled the terms of their contract by replacing the roof at Renton Fire Station 17. STAFF RECOMMENDATION: Approve project and Release retention to Contractor. 6e. ‐ Community Services Department submits CAG‐10‐091, Renton Fire Station 17 Roof project, and requests approval of the Page 44 of 166 Yes No $ $$ $$ $$ 9.500% $ $$ Contractor's UBI Number: Date: 179.016.014 11/15/2010 Contractor Address City of Renton TOTAL If Retainage is Bonded, List Surety's Name (or attach a copy) 206.383.6683 Contractor's Name Stanley Roofing Company, Inc. (If various rates apply, please send a breakdown)11,697.86 1055 S Grady Way Notice is hereby given relative to the completion of contract or project described below Surety Agent's Address Job Order Contracting N/A Liquidated Damages Date Work Commenced Telephone Number 134,833.26134,833.26 NOTE: These two totals must be equal TOTAL Subcontractor's Name:UBI Number:Affidavit ID (if known) Thermatch Northwest Inc.604.725.020 306676 Please List all Subcontractors Below: Name & Address of Public Agency Email or Mail to both: Date Work Accepted Amount Disbursed Amount Retained 11/8/2010 Date Contract Awarded 8/25/2010 9/16/2010 Amount of Sales Tax Paid at Contract Amount Additions ( + ) 128,676.49 6,156.77 80,242.00 42,893.40 0.00 123,135.40 Department Use Only Assigned to: Date Assigned: Attn: Natalie Wissbrod 19710 - 144th Avenue NE, Woodinville, WA 98072 Roof Replacement at Renton Fire Station 17, 14810 SE Petrovitski Road, Renton, WA 98058 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Project Name Fire Station 17 Roof Replacement Contract Number CAG-10-091 Renton, WA 98057 REV 31 0020e (10/11/10) F215-038-000 10-2010 Description of Work Done/Include Jobsite Address(es) Date Work Completed 10/27/2010 Reductions ( - ) Sub-Total Continued on page 2 Washington State Department of Revenue Public Works Section PO Box 47474 Olympia WA 98504-7474 FAX (360)664-4159 PWC@dor.wa.gov Washington State Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504-4272 FAX (360)902-6897 ContractRelease@lni.wa.gov 6e. ‐ Community Services Department submits CAG‐10‐091, Renton Fire Station 17 Roof project, and requests approval of the Page 45 of 166 D.O.R L&I E.S.D Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form to both DOR & L&I. DOR will forward copies of the form to Employment Security. Accounts Payable 425.430.6919 REV 31 0020e (10/11/10) publicworks@esd.wa.gov (360) 725-7588 F215-038-000 10-2010 Email Address:nwissbrod@rentonwa.gov Phone Number: For assistance with any questions, please contact: For tax assistance or to request this document in an alternate format, visit http://dor.wa.gov or call 1-800-647-7706. Teletype (TTY) users may call (360) 705-6718. pwc@dor.wa.gov contractrelease@lni.wa.gov Subcontractor's Name:UBI Number:Affidavit ID (if known) (360) 902-4754 (360) 902-9780 Please List all Subcontractors Below: Comments: Contact Name:Natalie Wissbrod Title: 6e. ‐ Community Services Department submits CAG‐10‐091, Renton Fire Station 17 Roof project, and requests approval of the Page 46 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: R.L. Evans Healthcare Broker Agreement Meeting: Regular Council - 22 Nov 2010 Exhibits: Issue Paper Contract for 2011 and 2012 Submitting Data: Dept/Div/Board: Human Resources Staff Contact: Brian Sandler Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 102,000 Transfer Amendment: $N/A Amount Budgeted: $ 102,000 Revenue Generated: $N/A Total Project Budget: $ 102,000 City Share Total Project: $ N/A SUMMARY OF ACTION: The current healthcare broker agreement with RL Evans Company will expire on December 31, 2010. The new conract will extend the Agreement through December 31, 2012, with an annual increase in cost. STAFF RECOMMENDATION: Approve the renewed agreement with healthcare broker RL Evans Company, for 2011 through 2012, and authorize the Mayor and City Clerk to sign the Agreement. 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 47 of 166 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 48 of 166 BROKER AGREEMENT THIS AGREEMENT, made and entered into on this day of , 2010, by and between the CITY OF RENTON, Renton, Washington, a municipal corporation hereinafter called the "CITY" and R. L. EVANS COMPANY, INC., Seattle, Washington, hereinafter called the "BROKER." I.RECITALS WHEREAS, the CITY desires to obtain professional insurance brokerage services and certain administrative services on a contract basis; and WHEREAS, the BROKER has been selected to advise the CITY on its insurance needs and procure insurance on its behalf; and WHEREAS, the BROKER has represented, and by entering into this Agreement now represents, that it is a licensed Life and Health Insurance Broker in the State of Washington, that all personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to BROKER to staff this Agreement, and WHEREAS, the BROKER has indicated that it desires to do the work set forth in the Agreement uphold the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties agree as follows: II.TERM The CITY does hereby contract with BROKER to provide professional insurance brokerage services and certain administrative services as hereinafter provided for a period of two (2) years commencing on January 1, 2011, and terminating on December 31, 2012. BROKER hereby accepts said contract and agrees to perform all work and services in accordance with the terms and conditions hereof. BROKER is hereby appointed as the CITY's exclusive Broker of Record for the two (2) year period for all forms of life and health insurance required by CITY with the exception of property and casualty coverage. III.SCOPE OF SERVICES The BROKER shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A. Scope of Services, which is attached hereto and incorporated into this Agreement as though fully set forth herein. 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 49 of 166 BROKER shall submit firm quotations to CITY's Human Resources and Risk Management Administrator at least forty-five (45) days prior to expiration of existing insurance, provided, however, that the CITY may waive such forty-five (45) day notice in the event the BROKER can demonstrate to the satisfaction of CITY's Human Resources and Risk Management Administrator that there exists extenuating circumstances which preclude or make undesirable such forty-five (45) day notice. Whenever market conditions deem it necessary, or when requested by the City, the BROKER shall obtain at least two (2) quotations on each separate insurance item or layer of insurance, including pharmacy benefit managers (PBMs), third party administrators (TPAs), preferred provider organizations (PPOs), and utilization review services (URs). The BROKER shall make a good faith effort to give notice to the CITY of all favorable or unfavorable market developments which might affect CITY's access to insurance at prices deemed affordable by the CITY's Human Resources and Risk Management Administrator. Annually, no later than September 1st of each year, the BROKER will provide, in writing, BROKER's best-guess estimates for the renewal premium costs of all the CITY's insurance policies to provide guidance to the CITY for future budgeting purposes. It is understood that, from time to time, the BROKER shall be requested by the CITY to obtain insurance quotations on certain items not contained in Exhibit A. Scope of Services. At the CITY's request, the BROKER shall include the Human Resources and Risk Management Administrator in negotiations with underwriters involving placement of all of the CITY's insurance programs. It is intended that BROKER will utilize insurers that will have a Best rating of A, as well as an acceptable financial category of XII or higher. Any exceptions need approval of the Human Resources and Risk Management Administrator. For all insurance quotations, the BROKER will apprise the Human Resources and Risk Management Administrator of the company's Best rating. It is further agreed and understood that the duties of the BROKER's account team shall be as described in Exhibit B. Account Team Responsibilities, which is attached hereto and incorporated into this Agreement as though fully set forth herein. IV.ADDITIONAL RESPONSIBILITIES The CITY will furnish the BROKER with information that will facilitate procurement of insurance quotations in a timely manner. All written material, including documents, charts, graphs, memoranda, etc., furnished by the BROKER to the CITY shall be printed on recycled paper whenever practicable. Use of the closing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of recycled paper, as feasible. V.EXTRA SERVICES The CITY may desire to have the BROKER perform or render services in addition to or other 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 50 of 166 than services provided for by the expressed intent of the Scope of Services. Such service will be considered as Extra Services and must have the prior approval of the Human Resources and Risk Management Administrator. Any dispute as to whether services are Extra Services or services already covered under this Agreement shall be resolved before the work is undertaken. Performance of the service by the BROKER prior to resolution of any such dispute shall waive any claim by the BROKER for compensation as Extra Services. VI.BROKER'S FEES AND PAYMENT The CITY shall compensate the BROKER for insurance brokerage services pursuant to this Agreement as follows: For services rendered under the first year of this Agreement (2011) payment shall be $50,000. For services rendered during the second year of this Agreement (2012) payment shall be $52,000. Prior to the beginning of each year, BROKER will estimate the amount of any commissions that are expected to be received during the coming year. This amount will be deducted from the annual fee and the remaining amount will be billed on a monthly basis either by the BROKER or the Third Party Administrator. At year end, BROKER shall list sources and amounts of commissions, where applicable, and provide an accounting of any under/over payment relative to the stated fee. Any amounts owed or owing will be billed or remitted to the CITY. The BROKER shall obtain insurance quotations exclusive of commissions or fees where possible on all insurance items covered in this Agreement. On matters in which it is not in the best interest of the CITY, for a line of coverage to be issued net of commission, the BROKER shall make full disclosure of any and all commissions to CITY. No coverage shall be issued inclusive of commission without prior approval of CITY. 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 51 of 166 VII.NONDISCRIMINATION The BROKER agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age, sexual orientation or handicap for a bona fide occupation qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training; rendition of services. The BROKER understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the CITY and further that the BROKER shall be barred from performing any services for the CITY now or in the future, unless a showing is made satisfactory to the CITY that discriminatory practices have terminated and that recurrence of such action is unlikely. If during the time period of this Agreement, the BROKER finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the BROKER will actively solicit minorities through their advertisement and interview process. VIII.EMPLOYMENT The BROKER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the BROKER, to solicit or secure this contract and that BROKER has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the BROKER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or at its sole discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the BROKER, while engaged in the performance of any work or services required by the BROKER under this Agreement, shall be considered employees of the BROKER only and not of the CITY and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the BROKER's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the BROKER. The BROKER shall not, without written consent of the CITY, engage on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the CITY except regularly retired employees or ex-employees who have not been employed by the CITY for a period of at least one year. 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 52 of 166 IX.TERMINATION OF AGREEMENT The CITY reserves the right to terminate this Agreement at any time upon not less than thirty (30) days written notice to the BROKER, subject to the CITY's obligation to pay BROKER in accordance with Section VI. Broker's Fees and Payment. In the event of the death of a member, partner or officer of the BROKER, or any of its supervisory personnel assigned to the project, the surviving members of the BROKER hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the BROKER and the CITY, if the CITY so chooses. In the event of death, termination, resignation or discharge of any partner or officer of the BROKER, or any of its supervisory personnel assigned to the project, the CITY reserves the right to terminate this Agreement within thirty (30) days of receipt of written notice of the personnel change. X.VENUE In the event that the CITY or the BROKER is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XI.LEGAL RELATIONS The BROKER shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The BROKER agrees to indemnify, defend and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the BROKER's negligence or breach of any of its obligations under this Agreement provided that nothing herein shall require the BROKER to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the BROKER's agents or employees and (b) the CITY, its agents, officers and employees, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the BROKER's negligence or the negligence of the BROKER's agents or employees except as limited below. The BROKER shall secure commercial general liability, business automobile liability, and professional liability coverage in the amount of one million ($1,000,000) dollars, unless waived or reduced by the CITY. The BROKER shall submit a completed City of Renton Insurance Information Form, and the BROKER shall furnish copies of the declaration pages of relevant insurance policies to the CITY prior to execution of this Agreement. The limits of said insurance 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 53 of 166 shall not, however, limit the liability of Consultant hereunder. All coverages provided by the BROKER shall be in a form, and underwritten by a company, acceptable to the CITY. The CITY requires carriers to have minimum A.M. Best rating of A XII. The BROKER shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty-five (45) days written notice shall be given to the CITY prior to the cancellation or modification of any policy. The BROKER shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license, and any required state license, certification or registration while conducting work for the CITY. The BROKER's relation to the CITY shall be at all times as an independent contractor. XII.SUBLETTING OR ASSIGNING OF CONTRACTS The BROKER shall not sublet or assign any of the work covered by this Agreement without the express consent of the CITY. XIII.COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 54 of 166 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. R. L. EVANS COMPANY, INC. CITY OF RENTON By Signature Signature Douglas Evans, President Denis Law, Mayor ATTEST: By Signature Print Name and Title APPROVED TO AS LEGAL FORM: By Signature Print Name and Title 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 55 of 166 EXHIBIT A. SCOPE OF SERVICES EMPLOYEE BENEFITS The Scope of Services for this contract includes the following coverages or programs: Group Life Individual Stop Loss Group AD&D Aggregate Stop Loss Dependent Life Third Party Administrative (TPA) Services Medical Preferred Provider Organization (PPO) Dental Utilization Review Services (UR) Vision HMO (Group Health Coop) Wellness Long Term Disability (LTD) Prescription Drug Program IRS Section 125 Medical Reimbursement Plan The following are representative of the basic services the BROKER will provide with respect to the CITY's employee benefit plans: 1.Current Plan Review ·Review in-force contracts, plans, benefit design ·Review funding agreements ·Review claims data and plan benefit design ·Assist with renewal contract negotiations 2.Bidding the In-Force Lines of Coverage ·Prepare bid specifications for underwriters ·Research insurance markets on CITY's (Plan Sponsor's) behalf ·Review alternative funding options available ·Analyze proposals and make recommendations 3.Plan Administration ·Evaluate current/prospective TPA's ·Assist with billing and eligibility problems ·Assist with plan installation ·Monitor TPA for compliance with contract terms 4.Benefit Communication ·Plan and organize employee meetings ·Develop benefit summaries ·Assist with preparation of Summary Plan Descriptions 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 56 of 166 5.Assist the CITY (Plan Sponsor) to Comply with Federal Laws Impacting Benefit Plans ·COBRA compliance ·ADA compliance ·TEFRA compliance ·HIPAA compliance 6.Other Services ·Act as an advocate of the employees and CITY in resolving difficult claims and administrative problems ·Provide detailed annual financial accountings ·Develop and maintain a standard data management information reporting system ·Review and analyze claims data and make recommendations ·Review industry trends and advise the CITY ·Assist the CITY in strategic benefit planning ·Counsel each CITY Retiree of the various medical benefit plans available in the marketplace ·Other special projects agreed to between the CITY and BROKER 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 57 of 166 EXHIBIT B. ACCOUNT TEAM RESPONSIBILITIES The BROKER's Account Team for the City of Renton will consist of: Douglas Evans Supported by: Pamela Arwood It is the Account Team's responsibility, under the direction of the officer-in-charge, to perform the following functions in conjunction with providing services described in Exhibit A. Scope of Services. A.When requested, prepare a report identifying prospective insurers, claims administrators and cost containment firms for the CITY's employee benefit plans. B.Assist the CITY in preparing underwriting information and specifications for renewal quotations. C.Obtain quotations from insurance carriers and third party administrators and negotiate the best rates and coverage for the CITY's employee benefit plans. D.Evaluate the commitment and financial stability of the insurers, administrators, preferred provider and utilization review organizations. E.Service existing insurance policies by assisting the CITY in the filing and collection of claims, review coverage issues, and process policy and other changes as required, in a timely manner. F.Meet, at least quarterly and as desired, with CITY representatives to discuss claims experience, large claim management, administration services, cost containment effectiveness, benefit design, new programs and other employee benefit plan issues and problems. G.Analyze the CITY's employee benefit plans and give plan options and recommendations for changes. H.Provide an annual report including a schedule of the plans, coverage limits and provisions, premiums, claims experience for the prior policy year and make recommendations for changes to the CITY's employee benefit plans. I.Provide service for day-to-day contact on employee benefit issues. J.Work with CITY representatives to maintain a viable and cost effective self-insurance program. K.Provide other services that are normally and customarily required of an insurance broker for a municipality like the City of Renton. 6f. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $102,000 with RL Evans Page 58 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Renewal of contract with Healthcare Management Administrators for 2011 Meeting: Regular Council - 22 Nov 2010 Exhibits: Administrative Services Agreement Exhibit A: Plan Supervisor and Agent/Broker/Consultant Schedule of Commissions and Fees Finance Committee Report Submitting Data: Dept/Div/Board: Human Resources Staff Contact: Brian Sandler Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 342,704 Transfer Amendment: $NA Amount Budgeted: $ 342,704 Revenue Generated: $NA Total Project Budget: $ 342,704 City Share Total Project: $ NA SUMMARY OF ACTION: The City will continue to utilize the services of Healthcare Management Administrators (HMA) to administer medical, dental and prescription claims within our self-funded plan. The fee includes prescription services through EnvisionRx, administration of medical and dental claims, rights to use the Regence Preferred Provider Network, as well as utilization/large case management, COBRA and HIPAA administrative services. Funds for this service were included in the 2011 Budget. STAFF RECOMMENDATION: Approve the 2011 Administrative Services Agreement and Fee Schedule for medical/dental and prescription claims processed by HMA and authorize the Mayor and City Clerk to sign the Agreement. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 59 of 166 HMA, Inc. TPA Agreement Page 1 *8910-021910 ADMINISTRATIVE SERVICES AGREEMENT DATE: October 25, 2010 PARTIES: City of Renton 1055 S. Grady Way Renton, WA 98057 the “Company” Healthcare Management Administrators, Inc. 220 120th Ave NE, Ste. D200 Bellevue, WA 98005 “HMA” Effective Date: January 1, 2011 When the Company is acting as the Plan Sponsor under this Agreement, it will be referred to as the “Plan Sponsor,” and when it is acting as the Administrator under this Agreement, it will be referred to as the “Plan Administrator.” As Plan Sponsor, the Company is acting in its capacity as the settlor of the Plan; and, as the Plan Administrator, it is acting in its fiduciary capacity. Recitals: A. The Plan Sponsor has established a self-insured Employee Welfare Benefit Plan for the purpose of providing certain benefits to its eligible employees and their dependents (the “Plan”); B. The Plan Administrator desires to retain HMA to furnish claims processing and other ministerial services with respect to the Plan; and C. HMA is willing to furnish such services, based upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Company and HMA agree as follows: Agreement: 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) “Effective Date” means the day and year set forth above, which shall be the date this Agreement becomes effective. (b) “Participants” means those employees and former employees of the Company, and their dependents, who have met the eligibility requirements of the Plan, and have satisfied all other conditions to participation in the Plan. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 60 of 166 HMA, Inc. TPA Agreement Page 2 *8910-021910 2. Relationship of Parties. (a) HMA Acting In Ministerial Capacity. The parties acknowledge and agree that HMA is acting solely in a ministerial capacity in performing its duties and obligations under this Agreement and shall have no discretionary authority or responsibility with respect to the administration of the Plan. HMA shall have no power to interpret ambiguities or conflicts that may exist in any provision of the Plan, but shall abide by the decisions of the Plan Administrator on all questions of substance and procedure respecting the Plan. HMA does not insure nor underwrite the liability of the Plan Sponsor under the Plan and shall have no financial risk or liability with respect to the provision of benefits under the Plan. (b) Plan Administrator and Named Fiduciary. The parties agree that the Company is, and shall at all times remain, the Administrator and the Named Fiduciary. The Plan Administrator shall oversee the administration of the Plan and shall have the exclusive right to interpret the terms of the Plan and to determine eligibility for coverage and benefits, which determination shall be conclusive and binding on all persons; and shall have final authority with respect to approval or disapproval of any disputed or doubtful claim. HMA is not a fiduciary with respect to this engagement and shall not exercise any discretionary authority or control over the management or administration of the Plan, or the management or disposition of the Plan's assets. HMA shall limit its activities to carrying out ministerial acts of notifying Plan Participants and making benefit payments as required by the Plan. Any matters for which discretion is required, including, but not limited to, decisions on claims and appeals of denied claims, shall be referred by HMA to the Plan Administrator, and HMA shall take direction from the Plan Administrator in all such matters. HMA shall not be responsible for advising the Plan Administrator with respect to its fiduciary responsibilities under the Plan nor for making any recommendations with respect to the investment of Plan assets. HMA may rely on all information provided to it by the Company, as well as the Plan's other vendors. HMA shall not be responsible for determining the existence of Plan assets. (c) Independent Contractor Relationship. Notwithstanding anything express or implied in this Agreement to the contrary, the parties acknowledge and agree that HMA is acting as an independent contractor, and for all purposes shall be deemed to be an independent contractor in performing its duties, and fulfilling its obligations, under this Agreement. Neither HMA, nor any individual performing services on its behalf, shall be considered or construed to be an employee of Plan Sponsor for any purpose whatsoever. 3. Administrative Services to be Provided by HMA. (a) Administration and Claims Processing Services. HMA shall provide the administrative and claims processing services set forth on Exhibit B, which is attached hereto and made a part hereof, during the term of this Agreement. (b) Other Administrative Services Available. HMA offers various other services, and performs various other ministerial functions, for plan sponsors in connection with the administration of employee health benefit plans. If the Plan Administrator subsequently requests additional services from HMA, and HMA agrees to provide such services, the parties shall describe the mutually agreed 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 61 of 166 HMA, Inc. TPA Agreement Page 3 *8910-021910 upon services in an Addendum hereto, and include within such Addendum a mutually agreed upon fee schedule for such services. 4. Fees to HMA. (a) Fees for Claims Processing Services. As compensation for the administration and claims processing services set forth on Exhibit B, HMA shall be paid the fees set forth on Exhibit A, which is attached hereto and made a part hereof. Fees shall be based on the number of Participants enrolled under the Plan on the first day of the month in which services are being billed, and shall be due and payable in advance on the first day of the month. Fees for any newly enrolled Participants’ entering on or after the first day of the month shall be charged retroactive to the date of enrollment and shall be payable on the first day of the month following the date of enrollment. Any adjustments in fees for retroactive changes in enrollment will be made on the first billing cycle immediately following the submission of the change in writing to HMA. (b) Fees for Excess Loss Consultation Services. If the Plan Administrator requests that HMA assist with the analysis of the services and costs of various carriers (including preparation of an RFP, if necessary), or selection of an Excess Loss Carrier for the Plan, HMA shall be entitled to a fee for this service, as set forth on Exhibit A. (c) Fees for Other Administrative Services. If the Plan Administrator requests any other administrative services from HMA hereunder, and HMA agrees to provide such services, the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services and the Plan Sponsor shall pay HMA in strict compliance with such fee schedule. (d) Fees from Outside Vendors. HMA shall be entitled to a portion of the fees charged by outside vendors, as set forth on Exhibit A. (e) Fees for Negotiated Savings. In the event that HMA is able to negotiate a reduced fee charged by a provider, HMA shall be entitled to retain a percent of the negotiated savings as stated in the fee schedule. In the event that additional saving negotiation services are needed, the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services. In the event that HMA is able to negotiate additional savings with a Preferred Provider, fees for HMA’s negotiation services will only apply to the additional savings retained. (f) Fees for Repricing of Out of Network Claims. HMA shall be entitled to retain 30% (thirty percent) of the gross savings obtained on all out of network claims that are repriced, reduced by negotiation or reduced due to audit. The remaining 70% (seventy percent) of savings will be passed on to the client in the form of reduced claims costs. There will be no cost to the Plan Sponsor for this service for claims that experience no repricing or negotiated savings. (g) Reprocessing Fee. In the event a retroactive amendment or the Plan Sponsor’s failure to fund claims in a timely manner results in the need to reprocess claims, subject to prior approval, the Plan Sponsor agrees to pay HMA’s expenses in performing that service. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 62 of 166 HMA, Inc. TPA Agreement Page 4 *8910-021910 (h) Right to Change Fees. Upon approval of Plan Sponsor, HMA shall have a right to change any fees charged to the Plan Sponsor hereunder: (i) as of the first day of any Renewal Term; (ii) as of the effective date of any changes in applicable federal and state laws that would expand the scope of the services that HMA has agreed to provide hereunder. (iii) notwithstanding the fees in effect under this Agreement, should there be a change in any law or regulation that results in increased costs to HMA, HMA shall increase its fees to cover such increased costs. (iv) As a result of Plan Amendments, HMA shall have the right to change its fees upon written notice to the Plan Sponsor in the event any amendment to the Plan changes the amount or type of processing, services or responsibilities undertaken by HMA, effective as of the effective date of the amendment. If HMA elects to change any fees charged to the Plan Sponsor hereunder, HMA shall give prior written notice of such change to the Plan Sponsor and the Plan Sponsor may, if it does not want to retain HMA based on the new fee schedule, terminate this Agreement by sending written notice of termination to HMA. 5. Funding of Benefit Payments. (a) Responsibility for Funding Benefits. The Company shall retain the responsibility for all Plan benefit claims. The Company shall be responsible for: (i) All expenses incident to the Plan, including, without limitation, all premium taxes, or any other tax, including any penalties and interest payable with respect thereto, assessed against the Company. (ii) The consequence to any person not a Party to this Agreement of any acts or omissions of Company occurring during the operation of this Agreement that are alleged to be a breach of fiduciary duty or a breach of duty or trust, or other contractual duty, regardless of the source of law serving as a basis for such allegation; and (iii) Subject to Section 9 of this Agreement, any amounts that HMA may become liable for which arise from any legal action or proceeding related to the recovery of benefits under the Plan or the administration of the Plan; and (iv) Reviewing any and all claims/benefit payment reports furnished by the HMA to the Company and informing HMA of any errors contained therein within thirty (30) days of the Company’s receipt of said claim report(s). Failure to so notify HMA shall constitute a waiver on the Company’s part of any claim against HMA for failure to accurately pay the claim. (v) Funding for benefits by the Plan Sponsor will occur within ten (10) business days, commencing on the date written notification is sent by HMA, unless otherwise agreed upon in writing. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 63 of 166 HMA, Inc. TPA Agreement Page 5 *8910-021910 (vi) In no event shall HMA have the responsibility to provide funding for the payment of benefits to Plan Participants, for payment of premiums for excess loss insurance or for expenses of the Plan. (b) Designated Account. The Plan Sponsor shall establish, and at all times maintain in strict compliance with all applicable federal and state laws, specifically including, without limitation, a central disbursement checking account (the “Designated Account”), and shall deposit in said Designated Account sufficient funds to pay: (i) all compensation and fees owing to HMA for services rendered hereunder; (ii) all benefits owing to Participants in accordance with the terms of the Plan; (iii) all premiums and fees owing by the Plan Sponsor to third parties for excess loss insurance, PPO arrangements and utilization review; and (iv) all other authorized costs and expenses incurred by HMA in performing its duties hereunder. (c) Unclaimed Funds. Any funds designated for the payment of benefits which; (i) Are duly deposited into the Designated Account referenced in Section (b) above; and (ii) Remain unclaimed after a period of six (6) months after the date of initial issuance of the original check or voucher, shall be forfeit to the Plan Sponsor. Said forfeited funds shall be used by the Plan Sponsor for the sole benefit of the Plan Participants. If a valid claim on these funds is received subsequent to the funds being returned to the Plan Sponsor, HMA will process the claim in accordance with the provisions of the Plan, and request the funds from the Plan Sponsor pursuant to Section (a) of this article. 6. Plan Sponsor Requirements. (a) Duty to Provide Data to HMA. The Company, as the Plan Sponsor and the Plan Administrator, acknowledges that the effective performance by HMA of the administrative services outlined herein will require that the Company furnish various reports, information, and data to HMA. The Company shall provide the following reports and information to HMA, together with such other data as HMA may from time to time request: (i) Identification and verification of individuals eligible for benefits under the Plan, kinds of benefits to which such individuals are entitled, date of eligibility and such other information as may be necessary for processing of benefit payments; (ii) Notification to HMA, on a monthly or more frequent basis, of all changes in participation whether by reason of termination, change in classification, new enrollment, or any other reason; and 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 64 of 166 HMA, Inc. TPA Agreement Page 6 *8910-021910 (iii) The number of employees and dependents covered under the Plan, collectively and separately classified by benefit coverage eligibility, enrollment, geographic area, age, sex, earning level, dependent coverage classifications, and in such other manner, as HMA shall require from time to time. (iv) The Social Security numbers for all employees and dependents covered under the Plan. (b) Duty to Provide Materials. The Company, as the Plan Sponsor and the Plan Administrator, shall provide directly or through HMA, all materials, documents (including summaries for employees), reports, and notice forms, as may be necessary or convenient for the operation of the Plan, or to satisfy the requirements of governing law, as may be determined or prepared from time to time by HMA. Where distribution to employees is required, such materials shall be furnished in sufficient quantity and shall be appropriately distributed by the Plan Administrator. (c) Fidelity Bond. The Plan Sponsor shall provide a fidelity bond for fiduciaries and employees in an amount not to exceed one million dollars for the benefit of the plan. 7. Term and Termination. (a) Initial Term. The initial term of this Agreement shall be for a period of one year, commencing as of the Effective Date of this Agreement and terminating one year thereafter (the “Initial Term”), unless sooner terminated in accordance with the provisions of this Paragraph 7. (b) Renewal. Renewal of this Agreement shall be accomplished by attaching to this Agreement a revised Exhibit A, Schedule of Commissions and Administrative Fees, signed by the parties to this Agreement and setting forth the term of such renewal (the “Renewal Term”). In the event a revised Exhibit A is not signed by the parties, but the parties continue to perform under this Agreement, then it shall be deemed to be renewed for successive one (1) year periods until terminated. (c) Termination by Either Party. This Agreement may be terminated by either the Company or by HMA by written notice of intention to terminate given to the other party, to be effective as of a certain date set forth in the written notice, which shall not be less than ninety (90) days from the date of such notice. Upon termination by either party, within thirty days after the date of termination, HMA shall prepare and deliver a complete and final accounting and report as of the date of termination of the financial status of the Plan to the Plan Sponsor, together with all books and records in its possession and control pertaining to the administration of the Plan. All claim files, enrollment materials and other papers necessary for claim payments under the Plan shall be available to the Plan Sponsor upon the date of termination of this Agreement. If requested, HMA will process run-out claims (claims incurred prior to the date of termination). The charge for run-out claim processing will equal 3 months of current administrative fees and the duration will be 12 months. At the time of the final 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 65 of 166 HMA, Inc. TPA Agreement Page 7 *8910-021910 accounting, HMA shall deliver any funds of the Plan in its possession or control to the Plan Sponsor on its order. (d) Events Triggering Termination. In the event of willful misconduct or gross negligence by a party to this Agreement, the other party may terminate this Agreement immediately. HMA shall have the right, in its sole and absolute discretion, to terminate this Agreement immediately if: (i) After notice to cure, the Plan Sponsor or the Plan Administrator fails to cure a breach of any provision of this Agreement, including but not limited to failure to pay fees or charges owing HMA, failure to consistently fund benefit payments in a timely manner, or failure to fund the Designated Account as specified in Section 5 above, within ten days of receipt of written notice from HMA specifying the nature of the breach with reasonable particularity; or (ii) The Plan Sponsor becomes insolvent, is adjudicated a bankrupt, voluntarily files or permits the filing of a petition in bankruptcy, makes an assignment for the benefit of creditors, or seeks any similar relief under any bankruptcy laws or related statutes. (e) Termination of Plan. If the Plan is terminated, for whatever reason, this Agreement shall automatically terminate as of the effective date of such termination except as set forth in 7.(c) if run-out processing is elected. (f) Effect of Termination. Upon termination of this Agreement, all obligations of HMA hereunder, specifically including, without limitation, all obligations to process claims for benefits and disburse benefit payments, shall terminate, and all rights of the Company shall cease, and HMA shall not be liable to the Company for any damage whatsoever sustained or arising out of, or alleged to have arisen out of, such termination. Notwithstanding anything express or implied herein to the contrary, the termination of this Agreement shall not affect the right of HMA to receive and recover all fees then owing by the Plan Sponsor to HMA hereunder or the rights of the parties under Sections 8 and 9 of this Agreement. 8. Indemnification by HMA. HMA agrees to indemnify, defend and to hold the Company and the Company’s employees, officers, directors, and agents harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses incurred by the Company or the Company’s employees, officers, directors and agents, including court costs and reasonable attorney's fees, to the extent such claims, demands, liabilities, judgments, damages, expenses, or losses arise out of, or are based upon, HMA’s fraudulent, or criminal acts, HMA’s misconduct or HMA’s negligent acts or omissions in the performance of its duties under this Agreement. The provisions of this section shall survive termination of this Agreement. 9. Indemnification by the Company. The Company agrees to indemnify, defend and hold HMA and its employees, officers, directors, and agents harmless from any and all claims, demands, liabilities, judgments, damages, expenses, and losses incurred by or claimed against HMA or its employees, officers, directors, and agents, including court costs, and reasonable attorney fees, which arise out of or relate 1) any claim regarding the scope of benefits or eligibility under the Plan, 2) a provider dispute, 3) a breach of a fiduciary duty, 4) a breach of a Plan Sponsor duty, and/or 5) the Company’s fraudulent, 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 66 of 166 HMA, Inc. TPA Agreement Page 8 *8910-021910 criminal or willful acts of misconduct or its reckless or gross negligent acts or omissions in the performance of its duties, as the Plan Sponsor or the Plan Administrator, under this Agreement. The provisions of this section shall survive termination of this Agreement. 10. Exclusion from Indemnification. HMA shall not be responsible for Company’s lost profits, extrapolations of improper benefit payments, exemplary, special, punitive or consequential damages or be liable to the Company for the same. 11. Records Access and Audit Rights. Subject to the provisions of this Paragraph 11, the Plan Sponsor or the Plan Administrator may audit HMA’s compliance with its obligations under this Agreement and HMA shall supply the Plan Sponsor or the Plan Administrator, as appropriate, with access to information acquired or maintained by HMA in performing services under this Agreement. HMA shall be required to supply only such information which is in its possession and which is reasonably necessary for the Plan Administrator to administer the Plan, provided that such disclosure is not prohibited by law or by any third-party contracts to which HMA is a signatory. The Plan Sponsor and the Plan Administrator hereby represent and warrant that, to the extent any disclosed information contains Protected Health Information (as defined by the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”)) about a Participant, the Plan Sponsor or the Plan Administrator has the legal authority to have access to such information. The Plan Sponsor or the Plan Administrator shall give HMA 60 days’ prior written notice of its intent to perform such an audit and its need for such information and shall represent to HMA that the information, which will be disclosed therein, is reasonably necessary for the administration of the Plan. All audits and information disclosure shall occur at a reasonable time and place and at the Plan Sponsor’s sole cost and expense. 12. Overpayment or Improper Payment of Plan Benefits. If any payment is made hereunder to an ineligible person, or if it is determined that an overpayment or improper payment has been made to any Participant, HMA shall make reasonable efforts to recover the payment made to the ineligible person, or the overpayment or improper payment to the Participant, but shall not be required to initiate court proceedings for any such recovery. If HMA is unsuccessful, HMA shall notify the Plan Administrator in order that the Plan Administrator may take such action as may be available to it. 13. Additional Payments to Claimants. The Plan Administrator may, by written notice to HMA signed by an executive officer of the Plan Administrator, instruct HMA to pay claims, which in HMA’s opinion are not payable under the Plan, upon the condition that such instruction expressly releases HMA from any liability in connection therewith. The Plan Sponsor and the Plan Administrator hereby acknowledge that such payments will not qualify for credit toward excess or stop loss insurance coverage, if any, and, as such, are considered “outside” the Plan, unless agreed upon, in writing by the Plan’s stop-loss carrier. The Plan Sponsor and the Plan Administrator assume all legal requirements for such payment. 14. Cooperation in Defense of Claims. HMA and the Company shall advise each other as to matters which come to their respective attentions involving potential legal actions or regulatory enforcement activity which involve the Plan or are related to the activities of either party with respect to the Plan or this Agreement and shall promptly advise each other of legal actions or administrative proceedings which have actually commenced. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 67 of 166 HMA, Inc. TPA Agreement Page 9 *8910-021910 15. Notice of Third Party Administrator’s Capacity. HMA shall notify all Participants in writing of its identity and its relationship to the Plan and the Plan Sponsor in such form and manner as approved by the Plan Sponsor. 16. Plan’s Compliance with Laws. The Company, as the Plan Sponsor and the Plan Administrator, represents and warrants that the Plan presently complies with all applicable federal, state and local laws and regulations, specifically including, without limitation, the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), and HIPAA, and covenants and agrees that it will, at its sole cost and expense, take all action necessary to cause the Plan’s continued compliance with all applicable federal, state and local laws and regulations during the term of this Agreement. 17. Miscellaneous. (a) Entire Agreement. This document is the entire, final and complete agreement and understanding of the parties regarding the subject matter hereof and supersedes and replaces all written and oral agreements and understandings heretofore made or existing by and between the parties or their representatives with respect thereto. (b) Severability. In the event any one or more of the terms, conditions or provisions contained in the Agreement or any application thereof shall be declared invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, the validity, legality or enforceability of the remaining terms, conditions or provisions of this Agreement and any other application thereof shall not in any way be affected or impaired thereby, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions were not contained herein. (c) Restriction on Assignment. Neither party shall assign or transfer any of its rights or delegate any of its duties or obligations hereunder, directly or indirectly, without the prior written consent of the other party; provided, however, that either party may, upon 60 days written notice to the other party, assign this Agreement in its entirety to any person or entity, other than a direct competitor of the other party, which acquires the business of the assigning party or with which the party merges or is consolidated or affiliated, provided that the permitted assignee agrees in writing to be bound by the terms of this Agreement. Any attempted assignment, transfer or delegation in violation of this Paragraph 17(c) shall be null and void. (d) Notices. All notices, requests, demands and other communications required or permitted to be given or made under the Agreement shall be in writing and shall be deemed delivered, if by personal delivery, on the date of personal delivery, if transmitted and confirmed by electronic mail or facsimile transmission, on the date of the transmission, if by U.S. certified or registered mail, postage prepaid, on the third business day following the date of deposit in the United States mail, or, if by nationally recognized overnight courier services, on the first business day following the date of delivery to such service, and shall be sent to the Company or HMA, as the case may be, at the address shown on the first page of this Agreement, or to such other address, person or entity as either party shall designate by notice to the other in accordance herewith. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 68 of 166 HMA, Inc. TPA Agreement Page 10 *8910-021910 (e) Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and permitted assigns. (f) No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties hereto, any right or remedy of any nature whatsoever, and nothing in this Agreement shall create, or be deemed to create, any rights, obligations or legal relationship between HMA and any Participant in the Plan. (g) Fines and Penalties. In the event that the Plan Sponsor or Plan Administrator fails to provide any of the data specified in Article 6 of this Agreement, Plan Sponsor Requirements, and said failure results in a fine or penalty, the full amount of the fine or penalty shall be passed through to the Plan Sponsor for payment. (h) Force Majeure. The parties will make their best effort to deliver services at the time specified herein. However, neither party shall have an obligation or liability whatsoever arising out of, or in connection with, any delay or failure to perform any of its duties or obligations under this Agreement, or any loss or damage incurred as a result thereof, if such delay or failure is caused, in whole or in part, either directly or indirectly, by act of God, fire, war, riot, civil insurrection, accident, embargo, governmental priority, failure of third parties to perform, criminal act (unless committed by someone in the employ of the offending party), strikes or other labor dispute, decree or order of any court or government, or any other occurrence, act, cause or thing beyond the control of the parties, whether related or unrelated or similar or dissimilar to any of the foregoing, which prevents, hinders or makes fulfillment of this Agreement impractical, any of which shall, without liability, excuse either party from performance of this Agreement. (i) Authorization. The Company represents and warrants to HMA that: (i) it is a corporation duly organized, validly existing and in good standing under the laws of the state in which it is organized; (ii) the execution, delivery and performance of this Agreement has been duly authorized by all requisite action of the Company’s Board of Directors; and (iii) this Agreement constitutes a valid and binding contact of the Company in accordance with its terms. (j) Attorneys’ Fees. In the event of a dispute under this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees incurred in connection with such dispute. (k) Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 69 of 166 HMA, Inc. TPA Agreement Page 11 *8910-021910 (l) Amendment. No supplement, modification or amendment of this Agreement shall be binding, unless the same is in writing and signed by duly authorized representatives of both parties. (m) Arbitration. The Company and HMA shall submit any and all disputes relating to or arising out of this Agreement to final and binding arbitration. Nothing in this provision precludes the parties from seeking judicial relief to vacate an arbitration award where an arbitrator exceeded his/her powers, pursuant to RCW 7.04A.040(3) and .230(1)(d). Arbitration will be before a single arbitrator in Seattle, Washington, who is affiliated with a recognized panel of arbitrators such as the American Arbitration Association, Judicial Dispute Resolution or Judicial Arbitration & Mediation Services. Either party may initiate an arbitration by giving written notice to the other of a demand for arbitration. If the parties fail to agree upon the arbitrator to be used within ten (10) days of a party’s arbitration demand, the arbitrator may be appointed by the Superior Court of the State of Washington for King County pursuant to Chapter 7.04 RCW at the instance of either party, and both parties shall submit to the jurisdiction of such court for the purpose of any such appointment. The arbitrator shall be an individual who is or has been actively engaged in the practice of law or who has served as state or federal court judge. Except as otherwise specified by this Agreement or other written agreement of the parties, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), using the Expedited Procedures applicable to such rules (irrespective of the size or nature of any party’s claim), but need not be administered by the AAA. (n) Governing Law. This Agreement shall be deemed to have been executed and entered into in Bellevue, Washington and shall be governed, construed, performed and enforced in accordance with the laws of the State of Washington, without regard to its conflict of law principles. (o) Headings. The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. (p) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instruments. (q) Systems Property of HMA. To perform its duties hereunder, HMA shall use certain computer systems (including, but not limited to, software) and other systems and property. Such systems and property are proprietary and the exclusive and confidential property of HMA. The hiring of HMA to provide services under this Agreement gives neither the Company nor the Plan any right to such systems, or to the inspection thereof. HMA reserves the right to change its systems and other technology at any time and from time to time, without notice or obligation to the Company or the Plan. Confidential system property of HMA is not accessible to the Plan Sponsor or Plan Administrator except as provided in Section 11 of this Agreement. (r) Business Associates Agreement. The parties hereto acknowledge that there does exist a Business Associate’s Agreement (hereinafter “BAA”). The BAA consists of Addendum A: HIPAA Addendum to Third Party Administration 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 70 of 166 HMA, Inc. TPA Agreement Page 12 *8910-021910 Agreement, signed by HMA on February 3, 2004, and Addendum B HIPAA Security Addendum to Third Party Administration Agreement, signed by HMA on March 13, 2006. The parties hereto contemplate amendments to said BAA. Said Business Associate’s Agreement, as now constituted and hereafter amended, is incorporated into this Agreement by this reference as if fully set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the respective dates set forth below, effective as of the day and year first above written. Plan Sponsor: HMA: City of Renton Healthcare Management Administrators, Inc. By: By: Name: Name: Clay Ellis Title: Title: Sr. Vice President, COO Date: Date: 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 71 of 166 HMA, Inc. TPA Agreement Page 1 06/08 EXHIBIT A PLAN SUPERVISOR AND AGENT/BROKER/CONSULTANT SCHEDULE OF COMMISSIONS AND FEES Administrative Fees: (Some fees are split, with partial retention by HMA and disbursement to other vendors noted.) Effective 01/01/2011 to 12/31/2011 administrative fees shall be:* $ 16.40 PEPM for administration of Medical/Vision claims Check here if qualifying for an incentive discount (see HMA cover letter). New PEPM for administration of Medical/Vision claims: $16.20 $ 4.40 PEPM for administration of Dental claims $ 3.20 PEPM Advance Medical Management Services $ 0.85 PEPM for administration of the Live Well 24 Hour Nurse Advice Line $2,400.00 Per Month for Agent/Broker/Consultant Monthly Service Fees $ 5.50 PEPM for administration of the HMA Preferred Provider Network Program ($1.50 retained by HMA, $4.00 to Regence) $ 1.35 PEPM for COBRA administration $ 0.65 HIPAA Certificates of Creditable Coverage administration $ 1.25 Envision RxOptions interface fee ($1.25 retained by HMA, $0.00 to Envision) $ 3.00 Envision RxOptions per employee per month administration fee ($3.00 to Envision RxOptions, $0.00 to HMA) If applicable, the administration of the Formulary Rebate program will be conducte d by HMA on a quarterly basis. HMA does not retain any portion of any formulary rebate received. 100% of any formulary rebate received by HMA shall be passed on to the Company. N/C ID Card Production – initial enrollment $ 1.00 ID Card Production – total re-carding of GHP – per employee fee _ 30% Claims Negotiation, Hospital Bill Audit, and Repricing Services, as outlined in Section 4 (d) of the Agreement, and k(viii) of Exhibit B. $ 0 Bank account reconciliation fees $ 0 Other bank fees N/C Summary Plan Description – Initial SPD production Summary Plan Description – Subsequent SPD production $1,000 First Document $250 Additional Document(s) (per document) 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 72 of 166 HMA, Inc. TPA Agreement Page 2 06/08 $125 Amendment only $500 Amendment and incorporation into current Summary Plan Description Cost + 20% Coordination of SPD printing services. Accept Decline $ 0.50 PEPM for consolidated billing of other insurance coverage Annual Fee. The Plan Sponsor shall pay an annual fee of $__0__ for services to the Plan, including accumulation and 1099 reporting of Plan payments, filing of insurance claims with the Plan Sponsor’s excess loss insurer, recording benefits and changes in automated benefit system, billing and remitting premium to insurance carriers for coverage in connection with the Plan and providing information for reporting on IRS Form 5500 (as to which the Plan Sponsor acknowledges and agrees that HMA will provide only the information available to HMA relating to Plan participants during the term of this Agreement, and that the Plan Sponsor is responsible for combining that information with data from other payers). Commissions: Commissions Payable on Excess Loss Insurance Premium: 00% HMA 00% Broker Additional Information Concerning Our Fees: HMA, Inc. works with, and is appointed by, many excess loss carriers. Our administrative charges are unaffected by the carrier with whom you elect to purchase excess loss coverage. HMA also participates in excess loss carrier override programs with a few of the carriers. These programs provide professional benefit administrators, and brokers and consultants to group health plans, with reimbursements for retention, volume, growth, profitability or other factors pursuant to agreements in force with that carrier relating to all or part of the business. This will vary from carrie r to carrier, and will not affect the carrier choices made available to you. Additionally, any reimbursements retained by Healthcare Management Administrators, Inc. are used to cover expenses associated with administering the group health plans with that carrier. There is no way for HMA to project what reimbursements, if any, it will receive during 20 11; however, they typically range from 0% to 6%. We will be pleased to discuss with you further details of any contingent compensation agreements pertinent to your placement upon your request. The aforementioned fees and commissions shall remain in effect beyond the above -stated term until changed by mutual agreement of the parties. * Rate guarantee for contracted time period applies only to services performed by HMA. Fees for outside vendors are subject to change at any time. 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 73 of 166 HMA, Inc. TPA Agreement Page 3 06/08 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the respective dates set forth below, effective as of the day and year first above written. R.L. Evans Company By: Name: Title: Date: City of Renton Healthcare Management Administrators, Inc. By: By: Name: Name: Clay Ellis Title: Title: Sr. Vice President, COO Date: Date: 6g. ‐ Human Resources and Risk Management Department recommends approval of a contract in the amount of $342,704 with Healthcare Page 74 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Valley Special Weapons and Tactics Team Meeting: Regular Council - 22 Nov 2010 Exhibits: Issue Paper Interlocal - Valley Special Weapons and Tactics Team Resolution Submitting Data: Dept/Div/Board: Police Staff Contact: Chief Kevin Milosevich, Extension 7503 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The following changes have been made to the VSWAT (Formerly VSRT) Interlocal agreement: 1) Removed the City of Des Moines as a participating agency 2) Changed the team name from VSRT to VSWAT 3) Updated address information on the signature page STAFF RECOMMENDATION: Approve the Inter-local Agreement for the Valley Special Weapons and Tactics Team and authorize the Mayor and City Clerk to sign. 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 75 of 166 POLICE DEPARTMENT M E M O R A N D U M DATE:November 3, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: STAFF CONTACT: Kevin Milosevich, Chief of Police Chad Karlewicz, Police Commander (Ext 7640) SUBJECT:VSWAT (Valley Special Weapons and Tactics) team Inter-local Agreement ISSUE: The Valley SWAT Executive Board recently made minor changes to the Inter-local Agreement regulating the operation of the Valley Special Weapons and Tactics team. These changes necessitate Mayor Law signing a new ILA. BACKGROUND: Recently, the Valley SWAT Executive Board made minor changes to the Inter-Local Agreement regulating the operation of the Valley SWAT team. These changes were: 1.Removed the City of Des Moines as a participating agency 2.Changed the team name from Valley Special Response Team (VSRT) to Valley Special Weapons and Tactics team (VSWAT) 3.Update address information on the signature page and removed the City of Des Moines. RECOMMENDATION: Approve and authorize Mayor Law to sign the newly modified Inter-local Agreement for the Valley Special Weapons and Tactics team. 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 76 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 77 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 78 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 79 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 80 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 81 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 82 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 83 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 84 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 85 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 86 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 87 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 88 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 89 of 166 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 90 of 166 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM. WHEREAS, political subdivisions of the state are authorized by the Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93, allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing; increased urbanization; and increased population densities; and WHEREAS, the ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the Puget Sound area municipalities' individual police departments; and WHEREAS, multi-jurisdictional efforts to respond to the above-mentioned high risk criminal occurrences will result in more effective pooling of personnel funds, equipment, training, and expertise; and WHEREAS, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle have formed a multi-jurisdictional team, known as the Valley Special Weapons 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 91 of 166 RESOLUTION NO. and Tactics Team (hereinafter "VSWAT") to effectively respond to the above-mentioned high risk criminal occurrences; and WHEREAS, the multi-jurisdictional effort known as VSWAT has improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and provided improved cost effectiveness; and WHEREAS, the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle desire to continue the team enforcement through VSWAT; and WHEREAS, it is necessary to document the terms and conditions under which VSWAT will operate; 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 Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement to establish and maintain the Valley Special Weapons and Tactics Team. PASSED BY THE CITY COUNCIL this day of. ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2010. Denis Law, Mayor 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 92 of 166 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1486:ll/2/10:scr 6h. ‐ Police Department recommends approval of an interlocal agreement regarding the Valley Special Weapons and Tactics Team Page 93 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Regulation of Conduct at Transit Center Meeting: Regular Council - 22 Nov 2010 Exhibits: Proposed Ordinance Submitting Data: Dept/Div/Board: Police Staff Contact: Paul Cline (Extension 7597) Recommended Action: Refer to Public Safety Committee Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The City of Renton has a Transit Center located at 219 Burnett Avenue South. Since its inception, local businesses and citizens have observed and experienced problems with drug related offenses, harassment, thefts, assaults, robberies and graffiti. Many of these issues were directly related to the Transit Center and its customers. Many of the offenders in these incidents use the Transit Center to move through our city and often loiter in the Transit Center prior to committing offenses. The state law regulating conduct of individuals on Transit property does not address all of the problems we are experiencing in this area. The King County code covers a broader spectrum of the issues we are experiencing, including expulsion; however, it does not allow the City of Renton to conduct its own appeal process. In addition, we are seeking to have the expulsion appeal process for the Transit Center be the same as our Parks Expulsion appeal process. Passing the attached Transit Center Regulations Ordinance will help to increase safety in the Transit Center and assist the city and the Police Department in addressing the listed concerns and issues that our citizens are experiencing in the Transit Center. The ordinance and the Transit Center expulsion clause will provide law enforcement officers with the tools they need to address many of these issues and actually restrict access to the Transit Center to those individuals who are violating the laws and creating concerns for our citizens and businesses in the area. STAFF RECOMMENDATION: Adopt the ordinance regulating conduct at the Transit Center 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 94 of 166 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, BY ADDING A NEW CHAPTER 31, ENTITLED “REGULATION OF CONDUCT AT TRANSIT CENTER”, TO ESTABLISH CONDUCT REGULATIONS FOR THE TRANSIT CENTER; ESTABLISH VIOLATIONS OF TRANSIT CENTER CONDUCT REGULATIONS AND ESTABLISH THE PENALTIES THEREFOR; TO AUTHORIZE ADMINISTRATIVE EXPULSION FROM THE TRANSIT CENTER OF INDIVIDUALS WHO VIOLATE TRANSIT CENTER CONDUCT REGULATIONS; AND AUTHORIZE HEARINGS ON THOSE EXPULSIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Title VI (Police Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended to add a new chapter 31, entitled “Regulation of Conduct at Transit Center”, to read as follows: CHAPTER 31 REGULATION OF CONDUCT AT TRANSIT CENTER SECTION: 6-31-1 Definitions 6-31-2 Violation 6-31-3 Expulsion 6-31-4 Administrative Appeal 6-31-5 Administrative Hearing 6-31-6 Penalties 6-31-7 Discretion of Law Enforcement 6-31-1 DEFINITIONS: For purposes of this Chapter and the application of RCW 9.91.025, as adopted by RMC 6-10-1K, the following terms shall have these definitions: A.“Camping”, in addition to its common meaning, shall mean the occupation of an area for purposes as a temporary living situation, no 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 95 of 166 ORDINANCE NO. ________ 2 matter how short in duration, whether or not the person camping establishes a heat or cooking source. B.“Loitering” is remaining in the Transit Center for sixty (60) consecutive minutes or more, EXCEPT any person employed by a vendor that has a contract with King County Metro for the provision of services in the Transit Center. C.“Passenger facility” or “transit facility” means all, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of providing public transportation services to transit passengers. D.“Piazza” is that park area located on the Northern side of South Third Street between Burnett Avenue South and Logan Avenue South, and shall include the Pavilion building. E.“Riding a bicycle” shall mean a bicycle being propelled by human or other means, i) while a person is seated upon any portion of the bicycle, OR ii) while either or both feet are upon any portion of the bicycle, EXCEPT this definition will not include law enforcement or transit personnel while riding bicycles as a part of their official duties. F.“Riding a skateboard” shall mean a skateboard being propelled on the ground by human or other means, i) while any portion of the human body is in contact with any portion of the skateboard, OR ii) while the skateboard is in movement on the ground after having been propelled by human or other means. 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 96 of 166 ORDINANCE NO. ________ 3 G.“Rollerblading” shall mean the movement across the ground by any person while wearing and employing in-line skates or roller skates. H.“Sexual act” shall have the same meaning as it is defined in Renton Municipal Code 6-30-1. I.“Sleeping” shall not be limited to a prone position. J.“Transit Center”: 1.The Northern boundary is the south edge of the roadway that is South Second Street, 2.The Southern boundary is the Piazza, 3.The Eastern boundary is the east edge of the sidewalk east of the roadway that is Burnett Avenue South. 4.The Western boundary is the east edge of the roadway that is Logan Avenue South. 6-31-2 VIOLATIONS: A.It is unlawful to loiter at the Transit Center. Loitering at the transit center shall be a civil infraction. B.It is unlawful to ride a bicycle within the boundaries of the Transit Center except for the legally travelled portions of the roadways. Riding a bicycle within the boundaries of the Transit Center shall be a civil infraction. C.It is unlawful to Rollerblade or ride a Skateboard within the boundaries of the Transit Center except for the legally travelled portions of the roadways. Rollerblading or riding a skateboard within the boundaries of the Transit Center shall be a civil infraction. 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 97 of 166 ORDINANCE NO. ________ 4 D.It is unlawful to sleep or camp within the boundaries of the Transit Center. Sleeping or camping within the boundaries of the Transit Center shall be a civil infraction. E.It is unlawful to use a Public Address system or other sound amplifying device within the boundaries of the Transit Center. Using a Public Address system or other sound amplifying device within the boundaries of the Transit Center shall be a misdemeanor. F.It is unlawful to engage in a sexual act, whether alone or with another person, within the boundaries of the Transit Center. Engaging in a sexual act within the boundaries of the Transit Center shall be a misdemeanor. G.It is unlawful to engage in gambling activity within the boundaries of the Transit Center. Engaging in gambling activity within the boundaries of the Transit Center shall be a misdemeanor. H.It is unlawful to climb on any structures within the boundaries of the Transit Center. Climbing on any structures within the boundaries of the Transit Center shall be a civil infraction. I.A violation of RCW 9.91.025, as adopted by RMC 6-10-1K, is a violation of this Chapter for purposes of Expulsion. 6-31-3 EXPULSION: A.Immediate Expulsion: Any person violating a rule or provision of this Chapter or any federal, state or local law may be ordered by a commissioned peace officer to leave the Transit Center immediately. Failure to comply with such an expulsion order shall be grounds for 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 98 of 166 ORDINANCE NO. ________ 5 prosecution for criminal trespass. B.Second Expulsion: Any person violating a rule or provision of this Chapter or any federal, state or local law and who has been the subject of a prior expulsion within the immediately preceding three (3) days, may be ordered by a commissioned peace officer to leave the Transit Center immediately AND will be subject to expulsion for up to seven (7) calendar days. C.Expulsion up to one (1) year: Any person violating a rule or provision of this Chapter or any federal, state or local law and i) who has been the subject of two prior expulsions within the immediately preceding thirty (30) days, OR ii) who has been expelled from the Transit Center three (3) or more times in any 90-day period may be ordered by a commissioned peace officer to leave the Transit Center immediately AND will be subject to expulsion for up to one (1) year. 6-31-4 ADMINISTRATIVE APPEAL: A.A person receiving an expulsion notice for an expulsion of seven (7) days, or longer, may file an appeal to have the expulsion notice rescinded or the duration of the expulsion shortened. B.The appeal must be in writing, provide the appellant’s current address, and shall be accompanied by a copy of the expulsion notice that is being appealed. C.The written notice of appeal must be sent to the Chief of Police, postmarked no later than seven (7) calendar days after the issuance of the expulsion notice. If the seventh day falls on a non-business day, then the 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 99 of 166 ORDINANCE NO. ________ 6 postmark must be no later than the next business day. For purposes of this Chapter, a non- business day is a Saturday, Sunday, or holiday observed by the City of Renton. D.The expulsion shall remain in effect during the pendency of any administrative or judicial proceeding. 6-31-5 ADMINISTRATIVE HEARING: A.The Chief of Police or his or her designee (hereinafter “Hearing Official”) shall: 1.Notify the appellant of the hearing date, time, and location; 2.Conduct a hearing within ten (10) business days of receipt of the notice of appeal; and 3.Issue a ruling upholding, rescinding, or shortening the duration of the expulsion no later than five (5) business days after the hearing. B.The Hearing Official shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the expulsion notice, without further evidentiary foundation. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption. C.The Hearing Official shall consider the expulsion notice and may consider any written or oral sworn testimony of the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the Hearing Official considers relevant and trustworthy. The Hearing Official may consider information that would not be admissible under the evidence rules in a court of 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 100 of 166 ORDINANCE NO. ________ 7 law. D.The Hearing Official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The appellant shall be responsible for serving any subpoena issued at the appellant’s request. E.If, after the hearing, the Hearing Official is persuaded on a “more probable than not” basis that the violation did occur, the expulsion notice shall be upheld. Upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing Official may shorten the duration of the expulsion. If, however, the violation is not proved on a “more probable than not” basis, then the Hearing Official shall rescind the expulsion. If the Hearing Official rescinds an expulsion, the expulsion shall not be considered a prior expulsion for purposes of RMC 6-31-3 B and C, above. F.The decision of the Hearing Official is final. G.No determination of facts made by the Hearing Official under this Section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. H.In no event will the Hearing Official be a person who is subordinate to the person who issued the expulsion notice. I.The decision of the Hearing Official is final. 6-31-6 PENALTIES: 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 101 of 166 ORDINANCE NO. ________ 8 A.The Expulsions set out in Section 6-31-3, above, may be imposed in addition to: 1.Civil penalties if the violation constitutes an infraction; and 2.Criminal penalties if the violation constitutes a misdemeanor. B.Infractions: A person who is guilty of committing an infraction under this Chapter shall be subject to a monetary penalty of not more than fifty dollars ($50) plus statutory assessments. Any person cited for a civil infraction shall be subject to the applicable Rules for Courts of Limited Jurisdiction. C.Criminal violations of RCW 9.91.025, as adopted by RMC 6-10-1K, and those violation identified herein shall be punished as misdemeanors. 6-31-7 DISCRETION OF LAW ENFORCEMENT: Enforcement of this Chapter is discretionary, not mandatory. SECTION II.This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 102 of 166 ORDINANCE NO. ________ 9 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1665:9/10/10:scr 6i. ‐ Police Department recommends adoption of an ordinance regulating conduct at the Transit Center, 219 Burnett Ave. S. Refer to Public Safety Page 103 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Washington State Salmon Recovery Funding Funding Board (SRFB) Grant -- Maintenance Dredging and Shoreline Mitigation Project Meeting: Regular Council - 22 Nov 2010 Exhibits: Salmon Project Agreement Project Number 10-1634R Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, (extension 7471) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$320,475 Total Project Budget: $ $978,000 City Share Total Project: $ SUMMARY OF ACTION: Parametrix, the City’s consultant for the Maintenance Dredging and Shoreline Mitigation Project, has completed the engineering and design of a habitat bench and island at the mouth of the Cedar River. Construction of a habitat bench and island are the accepted solution to providing adequate habitat for juvenile salmonids and to prevent continuous siltation buildup at the Will Rogers-Wiley Post Memorial Seaplane Base at the Airport. Parametrix has worked with several local agencies to finalize the design and is in the process of obtaining necessary permitting for the project. The construction phase of the project is scheduled for the end of 2011. The Washington State Recreation and Conservation Office is offering a grant for construction of the habitat bench and island in the amount of $320,475.00. This grant requires a $56,600 match, which is being provided by the King Conservation District WRIA Forum with a grant in the amount of $65,274. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Salmon Recovery Funding Board grant agreement Number 10-1634R in the amount of $320,475.00. 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 104 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 105 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 106 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 107 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 108 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 109 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 110 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 111 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 112 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 113 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 114 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 115 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 116 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 117 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 118 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 119 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 120 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 121 of 166 6j. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $320,475 from the Washington State Salmon Page 122 of 166 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: King Conservation District WRIA Grant -- Maintenance Dredging and Shoreline Mitigation Project Meeting: Regular Council - 22 Nov 2010 Exhibits: King Conservation District WRIA Grant Agreement Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, extension 7471 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$65,274 Total Project Budget: $ $978,000 City Share Total Project: $ SUMMARY OF ACTION: Parametrix, the City’s consultant for the Maintenance Dredging and Shoreline Mitigation Project, has completed the engineering and design of a habitat bench and island at the mouth of the Cedar River. Construction of a habitat bench and island are the accepted solution to providing adequate habitat for juvenile salmonids and to prevent continuous siltation buildup at the Will Rogers-Wiley Post Memorial Seaplane Base at the Airport. Parametrix has worked with several local agencies to finalize the design and is in the process of obtaining necessary permitting for the project. The construction phase of the project is scheduled for the end of 2011. The Washington State Recreation and Conservation Office is offering a grant for construction of the habitat bench and island in the amount of $320,475.00. This grant requires a $56,600 match, which is being provided by the King Conservation District WRIA Forum with a grant in the amount of $65,274. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the King Conservation District WRIA grant in the amount of $65,274. 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 123 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 124 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 125 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 126 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 127 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 128 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 129 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 130 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 131 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 132 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 133 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 134 of 166 6k. ‐ Transportation Systems Division recommends acceptance of grant funds in the amount of $65,274 from the King Conservation District Page 135 of 166 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF TUKWILA RELATING TO THE PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS FOR THE TUKWILA SOUNDER STATION. WHEREAS, the City of Renton ("City") and the City of Tukwila ("Tukwila") are authorized pursuant to Chapter 39.34 RCW and Chapter 35.83 RCW to enter into agreements providing for interlocal cooperation; and WHEREAS, Sound Transit Plans recommend a permanent commuter rail station in Tukwila on property acquired by Sound Transit; and WHEREAS, the temporary and permanent use of additional land within the City is needed for the construction and access to the east platform of the Tukwila Sounder Station; and WHEREAS, the majority of the planned permanent station area of the Tukwila Sounder Station is in the City of Tukwila, however, a portion of the improvements, including the platform, elevator/stair tower, and some pedestrian and emergency access, will be within the jurisdictional limits of the City of Renton; and WHEREAS, Tukwila and the City agree that having Tukwila process all Tukwila Sounder Station building-related and environmental permits and land use applications on behalf of Renton will provide greater consistency for the Sound Transit project and cost efficiencies for both parties; and 8a. ‐ Interlocal Agreement with City of Tukwila regarding the Tukwila Sounder Station (See 6.c.) Page 136 of 166 RESOLUTION NO. WHEREAS, it is necessary to document the terms and conditions under which Tukwila processes the building-related and environmental permits and land use applications on behalf of the City; 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 Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Tukwila relating to the processing of building-related and environmental permits and land use applications for the Tukwila Sounder Station. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1462:6/ll/10:scr 8a. ‐ Interlocal Agreement with City of Tukwila regarding the Tukwila Sounder Station (See 6.c.) Page 137 of 166 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM. WHEREAS, political subdivisions of the state are authorized by the Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93, allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution, and manufacturing; increased urbanization; and increased population densities; and WHEREAS, the ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants has strained the resources of the Puget Sound area municipalities' individual police departments; and WHEREAS, multi-jurisdictional efforts to respond to the above-mentioned high risk criminal occurrences will result in more effective pooling of personnel funds, equipment, training, and expertise; and WHEREAS, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle have formed a multi-jurisdictional team, known as the Valley Special Weapons 8b. ‐ Interlocal Agreement regarding Valley Special Weapons and Tactics Team (See 6.h.)Page 138 of 166 RESOLUTION NO. and Tactics Team (hereinafter "VSWAT") to effectively respond to the above-mentioned high risk criminal occurrences; and WHEREAS, the multi-jurisdictional effort known as VSWAT has improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and provided improved cost effectiveness; and WHEREAS, the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle desire to continue the team enforcement through VSWAT; and WHEREAS, it is necessary to document the terms and conditions under which VSWAT will operate; 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 Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement to establish and maintain the Valley Special Weapons and Tactics Team. PASSED BY THE CITY COUNCIL this day of. ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2010. Denis Law, Mayor 8b. ‐ Interlocal Agreement regarding Valley Special Weapons and Tactics Team (See 6.h.)Page 139 of 166 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1486:ll/2/10:scr 8b. ‐ Interlocal Agreement regarding Valley Special Weapons and Tactics Team (See 6.h.)Page 140 of 166 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEAR 2010 ANNUAL BUDGET AS ADOPTED BY ORDINANCE 5510 AND THEREAFTER AMENDED BY ORDINANCES 5536 AND 5548. WHEREAS, on November 23, 2009, the City Council adopted Ordinance 5510 approving the City of Renton's 2010 Annual Budget; and WHEREAS, on April 26, 2010, the City Council adopted Ordinance 5536 carrying forward funds appropriated in 2009, but not expended in 2009, due to capital project interruptions and delays in invoice payments, that needed to be carried forward and appropriated for expenditure in 2010; and WHEREAS, on August 9, 2010, the City Council adopted Ordinance 5548, modifying the City's revenue projections and appropriations for 2010 due to current economic conditions; and WHEREAS, additional grants and other activities have been considered and approved by the Council which require additional adjustments to the 2010 budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinances 5510, 5536, and 5548 establishing the City of Renton's 2010 Annual Budget are hereby amended in the amount of $4,852,225 for an amended total appropriation of $262,396,683. SECTION II. A summary budget adjustment by fund is hereby attached as Exhibit A. A detailed list of adjustments is available for public review in the Office of the City Clerk, Renton City Hall. 8a. ‐ 2010 Year‐End Budget Amendment (See 7.c.) Page 141 of 166 ORDINANCE NO. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. ., 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD:1683:ll/9/10:scr 8a. ‐ 2010 Year‐End Budget Amendment (See 7.c.) Page 142 of 166 ORDINANCE NO. Exhibit A: 2010 Year End Budget Adjustment Summary by Fund 2010 Final Budget Adjustment Request Analysis/Summary | BEGINNING FUND BALANCE | I EXPENDITURES END FUND BALANCE Fund/ 000 GENERAL 001 COMMUNFTY SERVICES 003 STREETS 004 COMMUNITY DEVELOPMENT BLOCK GRANT 005 MUSEUM 006 LIBRARY 009 FARMERS MARKET 010 FIRE AND EMERGENCY SVC MEMORIAL 011 FIRE AND EMERGENCY SVC HEALTH & WELLNESS 031 PARK MEMORIAL 201 1997 LIM GO BONDS-OTY HALL 215 GENERAL GOVERNMENT MISC DEBT SVC Total General Governmental Funds 102 ARTERIAL STREETS 108 LEASED CrTY PROPERTIES 110 SPECIAL HOTEL-MOTEL TAX 118 CUM 2755 (PATHS/TRAILS) 125 ONE PERCENT FOR ART 127 CABLE COMMUNICATIONS DEVELOPMENT 135 SPRINGBROOK WETLANDS BANK 219 1989 UNLIM GO BONDS-SR HOUSING 303 COMMUNfTY SERVICES IMPACT MmGATION 304 FIRE IMPACT MmGATION 305 TRANSPORTATION IMPACT MITIGATION 316 MUNICIPAL FACILmES CIP 317 CAPFTAL IMPROVEMENT 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT 326 HOUSING OPPORTUNITY 402 AIRPORT OPERATIONS 403 SOLID WASTE LmLFTY 404 MUNICIPAL GOLF COURSE SYSTEM 405 WATER OPERATIONS 406 WASTEWATER OPERATIONS 407 SURFACEWATER OPERATIONS 416 KING COUNTY METRO 422 AIRPORT CAPITAL IMPROVEMENT 424 MUNICIPAL GOLF COURSE SYSTEM CIP 425 WATER CP 426 WASTEWATER CIP 427 SURFACE WATER CIP 471 WATERWORKS RATE STABILIZATION 501 EQUIPMENT RENTAL 502 INSURANCE 503 INFORMATION SERVICES 504 FACILITIES 505 COMMUNICATIONS 512 HEALTHCARE INSURANCE 522 LEOFF1 RETIREES HEALTHCARE 611 FIREMENS PENSION Total Other Funds TOTAL ALL FUNDS 2010 Adjusted Fund Bal 8,535,013 958,009 1,391,648 (6,528) 64,705 706,011 60,571 936 4,303 175,066 1,448 64,103 11,955,285 200,686 837,613 247,828 3,264 143,796 89,391 459,528 79,340 1,066,593 2,363,522 2,167,133 6,933,186 2,892,341 114,039 201,653 415,929 326,034 798,278 4,294,833 1,887,815 2,448,845 46,504 633,154 287,523 2,862,275 841,219 1,533,997 15,605 4,593,399 6,039,509 1,647,931 91,175 111,818 4,792,452 2,820,473 4,332,817 58,621,498 70,576,783 2010 Budgeted Revenue 74,693,168 9,557,924 7,456,240 532,635 192,621 1,888,252 44,280 - 25,000 - 2,033,177 9,160,859 105,584,156 620,000 1,669,586 245,000 - 35,000 85,000 - - 60,000 100,000 200,000 1,333,553 31,352,042 - - 1,917,163 15,027,000 2,483,545 11,316,910 6,065,737 5,788,148 11,211,935 1,578,000 150,000 3,460,000 3,153,781 4,037,009 - 3,631,241 3,287,584 4,194,774 4,705,475 1,049,671 12,358,471 2,235,684 300,000 133,652,309 239,236,465 Changes 85,664 17,075 - 22,676 - - - - - - - 252,493 377,908 . - - - - - - - - - - 30,000 - - - - 109,538 1,875,000 53,156 - 251,548 - - - - - 98,440 - 7,500 - - - - - - - 2/425,182 2,803,090 2010 Adjusted Revenue 74,778,832 9,574,999 7,456,240 555,311 192,621 1,888,252 44,280 - 25,000 - 2,033,177 9,413,352 105,962,064 620,000 1,669,586 245,000 - 35,000 85,000 - - 60,000 100,000 200,000 1,363,553 31,352,042 - - 1,917,163 15,136,538 4,358,545 11,370,066 6,065,737 6,039,696 11,211,935 1,578,000 150,000 3,460,000 3,153,781 4,135,449 - 3,638,741 3,287,584 4,194,774 4,705,475 1,049,671 12,358,471 2,235,684 300,000 136,077,491 242,039,555 2010 Budgeted Expenditure 72,750,777 10,492,749 8,549,762 532,227 194,120 2,607,263 34,311 - 25,000 - 1,984,625 9,123,514 106,294,348 620,000 1,511,561 310,000 - 50,000 85,674 - 79,340 - 560,000 1,810,000 7,681,771 33,183,734 114,000 200,000 1,001,800 15,037,130 2,566,837 11,712,205 6,837,864 6,695,464 11,211,935 1,831,485 302,499 5,510,000 3,995,000 5,450,000 - 3,414,047 4,170,106 4,841,706 4,326,200 877,560 12,462,810 2,248,907 550,475 151,250,110 257,544,458 Changes 1,948,592 14,875 - 23,083 - - - - - - - 252,493 2,239,043 . 143,000 - - - - - - - - - 30,000 - - - - 109,538 1,875,000 - - 199,500 - 105,204 - - - 98,440 - 7,500 - - - 45,000 - - - 2,613,182 4,852,225 2010 Adjusted Expenditure 74,699,369 10,507,624 8,549,762 555,310 194,120 2,607,263 34,311 - 25,000 - 1,984,625 9,376,007 108,533,391 620,000 1,654,561 310,000 - 50,000 85,674 - 79,340 - 560,000 1,810,000 7,711,771 33,183,734 114,000 200,000 1,001,800 15,146,668 4,441,837 11,712,205 6,837,864 6,894,964 11,211,935 1,936,689 302,499 5,510,000 3,995,000 5,548,440 - 3,421,547 4,170,106 4,841,706 4,326,200 922,560 12,462,810 2,248,907 550,475 153,863,292 262,396,683 Ending Fund Balance 8,614,475 25,385 298,126 (6,527) 63,206 (13,000) 70,540 936 4,303 175,066 50,000 101,448 9,383,958 200,686 852,638 182,828 3,264 128,796 88,717 459,528 - 1,126,593 1,903,522 557,133 584,968 1,060,649 39 1,653 1,331,292 315,904 714,986 3,952,694 1,115,688 1,593,577 46,504 274,465 135,024 812,275 - 121,006 15,605 4,810,593 5,156,987 1,000,999 470,450 238,929 4,688,113 2,807,250 4,082,342 40,835,697 50,219,655 Reserved/ Designated (1,544,954) (137,832) (175,066) (1,857,852) (1,955,020) (838,706) (497,632) (5,275,000) (3,738,843) (674,672) (4,082,342) (17,062,215) (18,920,067) Available Fund Balance 7,069,521 25,385 298,126 (6,527) 63,206 (150,832) 70,540 936 4,303 - 50,000 101,448 7,526,106 200,686 852,638 182,828 3,264 128,796 88,717 459,528 - 1,126,593 1,903,522 557,133 584,968 1,060,649 39 1,653 1,331,292 315,904 714,986 1,997,674 276,982 1,095,945 46,504 274,465 135,024 812,275 - 121,006 15,605 4,810,593 (118,013) 1,000,999 470,450 238,929 949,270 2,132,578 - 23,773,482 31,299,587 8 a . ‐ 2 0 1 0 Y e a r ‐ E n d B u d g e t A m e n d m e n t ( S e e 7 . c . ) P a g e 1 4 3 o f 1 6 6 (Ord p^s. A,3 tie) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 2-9-6C, PENALTIES, OF CHAPTER 9, PARKS COMMISSION, OF TITLE II (BOARDS AND COMMISSIONS) AND CHAPTER 18, PENAL CODE, OF TITLE VI (POLICE REGULATIONS), TO AMEND AND CODIFY CRIMINAL VIOLATIONS OF PARK RULES AND REGULATIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 2-9-6C, Penalties, of Chapter 9, Parks Commission, of Title II (Boards and Commissions) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: C. Penalties: Those parks rules and regulations identified as criminal violations are punishable pursuant to City Code Section 6-18-20 1-3 1. Those parks rules and regulations identified as civil violations are punishable pursuant to City Code Section 1-3-2. SECTION II. Chapter 6-18, Penal Code, of Title VI (Police Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new section 20, entitled "Park Rules and Regulations Violations" to read as shown below. The current sections 20, Violation - Penalty, and 21, Severability, shall be renumbered as sections 21 and 22 respectively. 6-18-20 PARK RULES AND REGULATIONS VIOLATIONS: A. Posting of Signs: Except as authorized by the Administrator, it is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 144 of 166 ORDINANCE NO. device of any kind for advertising in any park; or to attach any notice bill, poster- sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; or to place or erect in any park, a structure of any kind. B. Park Closing: Unless otherwise posted, it is unlawful to remain in any park after the posted closing time, except when engaged in activities, programs or events scheduled by the Community Services Department. C. Weapons & Fireworks: Except as otherwise permitted by law, it is unlawful for a person to possess in any park, any fireworks, firecracker, torpedo, explosive, air gun, bow and arrow(s), BB gun, paint ball gun, or slingshot. P. Alcohol: It is unlawful to possess or consume alcoholic beverages in any park except in areas designated by the Administrator. Designated areas are 1) Maplewood Golf Course, when such beverages are purchased and consumed within the concessionaire's licensed premises; 2) and designated areas of the Renton Community Center and Renton Senior Activity Center facilities as part of a facilitv rental. All activities shall comply with all Washington State Liquor Control Board requirements. E. Swimming Areas: It is unlawful for any person to disregard or disobey rules, signs or lifelines designating swimming areas. It is unlawful to swim in any area outside the designated swimming area. It is unlawful to disregard or disobey the instruction of lifeguards, facilitv managers, or other authorized Community Services Department employees. It is unlawful to give or transmit a false signal or false alarm of drowning. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 145 of 166 ORDINANCE NO. F. Overweight Vehicles in Parks: It is unlawful for any vehicle with a gross weight of over thirty-two thousand (32,000) pounds or a maximum width of over one hundred two (102) inches to use the road in any park of the city except for 4f places set apart for such purposes by the Administrator and designated by signs. G. Wildlife Feeding & Harassment: It is unlawful in any manner to tease, annoy, disturb, molest, catch/injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon, any animal, bird, or fowl in any manner; or to feed any fowl or bird in any park. H. Concessions, Sales, Commercial Activities, Distribution & Posting Pamphlets: It is unlawful to perform the following activities in a park area unless authorized in writing by the Administrator: 1. Operating a fixed or mobile concession, or traveling exhibition. 2. Soliciting, selling, offering for sale, peddling, hawking, or vending any goods or services. 3. Advertising any goods or services other than the direct handing of written advertising to any one person. 4. Conducting classes or organized competitions. 5. Distributing any commercial circular notice, leaflet, pamphlet or printed material of any kind in any Community Services buildings. 6. Entering upon, using or traversing any portion of a park for commercial purpose, including fund raising and/or fund solicitation. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 146 of 166 ORDINANCE NO. 7. Attaching or securing to any vehicle or structure any commercial circular notice, leaflet, pamphlet or printed material of any kind. I. Water Craft: It is unlawful to have, keep or operate any boat, float, raft or other water craft in or upon any bay, lake, slough, river or creek, within the limits of any park, or to land the same at any point upon the shores thereof, except at places set apart for such purposes by the Administrator and so designated by signs. J. Domestic Animals in Parks: 1. It is unlawful to allow or permit any domestic animal, including service animals, to run at large in any park, or enter any swimming area, pond or fountain therein. It is unlawful to keep a dog that is brought into or kept in a park area on a leash more than eight (8) feet in length. Exceptions to leash requirements may be made only for approved scheduled events. 2. It is unlawful for a person to have in his or her possession a domestic animal, except for service animals, in any park or park facilitv that permits swimming. For purposes of this section all of Gene Coulon Park, Kennydale Beach Park, and the beach at Cedar River Park will be considered a facilitv that permits swimming. 3. It is unlawful for any person with a dog or other pet in their possession in any park to fail to remove from the park feces deposited by such animal. It is unlawful for any person with a dog or other pet to fail to have in their possession the equipment or supplies required for feces removal. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 147 of 166 ORDINANCE NO. 4. It is unlawful for any person to have in his or her possession an animal, except for service animals, while in attendance at a special event or in a location where animals have been prohibited by the Administrator. 5. It is unlawful to bring onto the premises of the Maplewood Golf Course any domestic animals, except for service animals. K. Authority to Remove Persons in Parks: It shall be unlawful to stay in a park when directed to leave by an authorized Community Services Department employee or any police officer. L Vandalism: It is unlawful to remove, destroy, mutilate or deface anv structure, monument, statue, vase, fountain, wall fence, railing, vehicle, bench- shrub, tree, fern, plant, flower, lighting system or sprinkling system, or other property lawfully in any park. M. Littering: 1. It is unlawful to throw or deposit any refuse or other material in anv park, except in designated receptacles, or to take garbage or refuse generated outside a park to a park for disposal. 2. It is unlawful to dump yard waste, litter, debris in anv park. Failure to remove from the park or properly dispose of party decorations, including, but not limited to, pihatas, streamers, or balloons, or picnic items, including, but not limited to, paper or plastic plates or cups or table coverings, shall constitute littering and is unlawful. N- Noise Restrictions: 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 148 of 166 ORDINANCE NO. 1. It is unlawful to play car stereos, radios, or "boom boxes" - portable audio equipment, such as tape or compact disc players - so loudly they interfere with normal conversations or cause annoying vibrations at a distance of seventy-five (75) feet or more. 2. It is unlawful to operate or use any loudspeaker or other mechanical means of amplifying sound in any park without a written permit from the Administrator. 0. Conduct: 1. It is unlawful to use abusive, vile, profane, or obscene language or threats, which interfere with the reasonable use of a park by the general public. 2. It is unlawful to engage in acts of violence, including but not limited to fights of any kind, or to act in a violent, threatening, intimidating, or hostile manner toward another person whereby such person is put in reasonable fear for his/her safety. P. Lost Property: It is unlawful for any person to fail to turn in any property or objects found on any park premises to the park staff or directly to the office of the Police Department, at City Hall, Renton, Washington. Q. Introduction of Foreign Matter: It is unlawful to construct any structure, wall, fence, footing, drive, walk, steps, or path on park property, or to deposit invasive plants onto park property, or to use or maintain park property as an extension of private property. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 149 of 166 ORDINANCE NO, R. Additional Violations: Any violation of state criminal laws or the criminal laws of the City of Renton constitutes a violation of these Rules and Regulations. 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 _, 2010. APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk day of , 2010. Approved as to form: Denis Law, Mayor Lawrence J. Warren, City Attorney Date of Publication: ORD:1645:ll/l/10:scr 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 150 of 166 Park Rules and Regulations Authorized by Ordinance No. 4419. Amended by Ordinance No.5155. Amended from Ordinance No. 4319 and No. 1476. Resolution No. 3555 adopted March 18, 2002; Resolution No. 3751 adopted May 9, 2005. Amended by Ordinance No. 5542 adopted June 28, 2010, Amended by Ordinance No. , 2010. A. General Provisions Section 1. Priority of Use Programs and activities scheduled by the Community Services Department will have first priority for use of parks and facilities. Otherwise, use of parks and facilities will be on a "first-come first- served" basis. Section 2. Designee of Administrator The term "Administrator" shall mean the Community Services Administrator. The authority granted herein to the Administrator is granted to the Administrator's designee. Section 3. Exemptions from Rules and Regulations • Rules and Regulations related to possession of Weapons & Fireworks (Section B3) do not apply to law enforcement personnel or to persons performing assigned duties as authorized by the Administrator. • Rules and Regulations related to Overweight Vehicles in Parks (Section B6) do not apply to City of Renton maintenance vehicles or emergency vehicles. • Rules and Regulations related to Wildlife Harassment (Section B7) do not apply to wildlife control efforts authorized by the Administrator. • Rules and Regulations related to Domestic Animals in Parks (Section Bll) do not apply to law enforcement K-9 officers in the conduct of their official duties or to animals used by independent contractors if required in performance of the contract. • Rules and Regulations related to Parking and Moorage (Section C10) do not apply to park maintenance and law enforcement watercraft. • Rules and Regulations related to SCUBA Diving (Section C9) do not apply to Fire Department personnel or to persons performing rescue operations, or persons performing assigned duties as authorized by the Administrator. B. Criminal Violations Section 1. Posting of Signs 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 151 of 166 Except as authorized by the Administrator, it is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; or to place or erect in any park, a structure of any kind. Section 2. Park Closing Unless otherwise posted, it is unlawful to remain in any park after the posted closing time, except when engaged in activities, programs or events scheduled by the Community Services Department. Section 3. Weapons & Fireworks Except as otherwise permitted by law, it is unlawful for a person to possess in any park, any fireworks, firecracker, torpedo, explosive, air gun, sword, knife, bow and arrow(s), BB gun, paint ball gun, or slingshot. Section 4. Alcohol It is unlawful to possess or consume alcoholic beverages in any park except in areas designated by the Administrator. Designated areas are 1) Maplewood Golf Course, when such beverages are purchased and consumed within the concessionaire's licensed premises; 2) and designated areas of the Renton Community Center and Renton Senior Activity Center facilities as part of a facility rental. All activities shall comply with all Washington State Liquor Control Board requirements. Section 5. Swimming Areas It is unlawful for any person to disobey rules, signs or lifelines designating swimming areas. Swimming shall be permitted only within these areas. All persons using designated swimming areas shall obey all posted rules and/or the instruction of lifeguards, facility managers, or other authorized Community Services Department employees. No person shall give or transmit a false signal or false alarm of drowning. Section 6. Overweight Vehicles in Parks It is unlawful for any vehicle with a gross weight of over 32,000 pounds or a maximum width of over 102 inches to use the road in any park of the city except for places set apart for such purposes by the Administrator and designated by signs. Section 7. Wildlife Feeding & Harassment It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon, any animal, bird, or fowl in any manner; or to feed any fowl or bird in any park. Section 8. Concessions, Sales, Commercial Activities, Distribution & Posting Pamphlets It is unlawful to perform the following activities in a park area unless authorized in writing by the Administrator: Operating a fixed or mobile concession, or traveling exhibition. Soliciting, selling, offering for sale, peddling, hawking, or vending any goods or services. Advertising any goods or services other than the direct handing of written advertising to any one person. Conducting classes or organized competitions. 2 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 152 of 166 • Distributing any commercial circular notice, leaflet, pamphlet or printed material of any kind in any Community Services buildings. These facilities are not public forums or limited public forums and are designated solely to the specific purposes for which they are dedicated. • Entering upon, using or traversing any portion of a park for commercial purpose, including fund raising and/or fund solicitation. • Attaching or securing to any vehicle or structure any commercial circular notice, leaflet, pamphlet or printed material of any kind. Section 9. Water Craft It is unlawful to have, keep or operate any boat, float, raft or other water craft in or upon any bay, lake, slough, river or creek, within the limits of any park, or to land the same at any point upon the shores thereof, except at places set apart for such purposes by the Administrator and so designated by signs. Section 10. Domestic Animals in Parks It is unlawful to allow or permit any domestic animal, including service animals, to run at large in any park, or enter any swimming area, pond or fountain therein. A dog brought into or kept in a park area shall be on a leash not more than eight (8) feet in length. Exceptions to leash requirements may be made only for approved scheduled events. • No domestic animals, except for service animals, will be allowed in any park or park facility that permits swimming. Dogs, except for service animals, are not permitted in either Gene Coulon Memorial Beach Park, Kennydale Beach Park, or the beach at Cedar River Park. • Any person with a dog or other pet in their possession in any park shall be responsible for both the conduct of the animal and for removal from the park of feces deposited by such animal. The person with the dog or other pet must have in their possession the equipment or supplies required for feces removal. • No domestic animals, except for service animals, will be allowed at any special event held at any park nor in any area in a park posted with signs, unless permission is granted by the Administrator. With permission of the Administrator, domestic animals, except for service animals, can be restricted from specific events held at parks or posted areas within a park. • No domestic animals, except for service animals, will be allowed at the Maplewood Golf Course. Section 11. Authority to Remove Persons in Parks It shall be unlawful to stay in a park when directed to leave by an authorized Community Services Department employee or any police officer. Pursuant to RMC 6-30-2, any person violating these Park Rules and Regulations may be subject to Expulsion from all city parks. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 153 of 166 Section 12. Vandalism It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or other property lawfully in any park. Section 13. Littering It is unlawful to throw or deposit any refuse or other material in any park, except in designated receptacles, or to take garbage or refuse generated outside a park to a park for disposal. It is unlawful to dump yard waste, litter, debris in any park. Failure to remove from the park or properly dispose of party decorations, including, but not limited to, pinatas, streamers, or balloons, or picnic items, including, but not limited to, paper or plastic plates or cups or table coverings, shall constitute littering and is unlawful. Section 14. Noise Restrictions All provisions of the Renton Municipal Code, Title 8, Chapter 7, will be strictly enforced, in particular the following provisions: • It is unlawful to play car stereos, radios, or "boom boxes" - portable audio equipment, such as tape or compact disc players - so loudly they interfere with normal conversations or cause annoying vibrations at a distance of 75 feet or more. • It is unlawful to operate or use any loudspeaker or other mechanical means of amplifying sound in any park without a written permit from the Administrator. Section 15. Conduct It is unlawful to use abusive, vile, profane, or obscene language or threats, which interfere with the reasonable use of a park by the general public. It is unlawful to engage in acts of violence, including but not limited to fights of any kind, or to act in a violent, threatening, intimidating, or hostile manner toward another person whereby such person is put in reasonable fear for his/her safety. Section 16. Lost Property It is unlawful for any person to fail to turn in any property or objects found on any park premises to the park staff or directly to the office of the Police Department, at City Hall, Renton, Washington. The article shall be disposed of in accordance with applicable City and State Laws. Section 17. Introduction of Foreign Matter It is unlawful to construct any structure, wall, fence, footing, drive, walk, steps, or path on park property, or to deposit invasive plants onto park property, or to use or maintain park property as an extension of private property. Section 18. Additional Violations Any violation of state criminal laws or the criminal laws of the City of Renton constitutes a violation of these Rules and Regulations. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 154 of 166 C. Civil Violations Section 1. Activities It is unlawful in any park to practice or play golf, baseball, cricket, soccer, polo, archery, hockey, volleyball, badminton or other games of like character, or to fly a kite, or to hurl, propel, or fly any airborne or other missile, including model airplanes, except in places and times set apart for such purposes by the Administrator. Section 2. Trail Signs All trail users must obey all posted trail signs. It is unlawful to disregard or disobey trail signs. It is not a defense in any proceeding that the trail user did not see the posted sign. Section 3. Motorized and Non-motorized Vehicles in Parks Except for wheelchairs, wheeled prosthetics or other wheeled vehicles being used by a disabled person, it is unlawful to ride, park or drive any bicycle, tricycle, motorcycle, motor vehicle, skateboard, rollerblades, roller-skates, land sailing device, scooter, unicycles or any other wheeled or similar vehicle, horse or pony on, over, or through any park designated by signage. It is unlawful to use the Renton Skate Park at Liberty Park with any device other than a skateboard or in-line skates. Section 4. Motorized Vehicles on Trails It is unlawful to operate any motorized vehicle on City of Renton trails, EXCEPT those vehicles used by Community Services Department Personnel in the performance of their assigned duties or authorized contractors hired by the City in the performance of authorized projects. This provision does not apply to law enforcement, or Fire Department or other rescue personnel, who are performing their official duties. Section 5. Dismount Zones Bicycle operators must dismount their bicycle in a "Dismount Zone". Failure to dismount in a Dismount Zone is a violation of these Rules and Regulations. For purposes of these Rules and Regulations the Dismount Zones on the Cedar River Trail (Trail) are: • The Trail between the South East side of the Bronson Way bridge to the North West side of the Logan Avenue bridge. • The Trail between North 6th Street and the mouth of the Cedar River at Lake Washington. • The Pedestrian Bridge under 1-405 For purposes of this Section C 5 the term "dismount" means: • The bicycle operator walks on foot alongside the bicycle. • It is not a dismount if the bicycle operator remains seated on the bicycle seat. • It is not a dismount if the bicycle operator has either foot on a pedal of the bicycle, whether or not the bicycle is being propelled by the rotation of the front sprocket. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 155 of 166 Section 6. Speeding on Trails It is unlawful for any person to travel on a trail at a speed in excess of posted speed limits or greater than is reasonable and prudent under the existing conditions or in disregard for actual and potential hazards. In every event, speed shall be so controlled as is necessary to avoid colliding with others using the trail. Travel at speeds in excess of 15 miles per hour on any trail shall constitute in evidence a prima facie presumption that the person violated this section. Travel on the Cedar River Trail, i) between 149th Avenue S.E. and 1-405 Termination Point, or ii) between the NW side of Logan Avenue to North 6th Street at speeds in excess of 10 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section. Section 7. Vehicle Repair in Parks Except when authorized in writing by the Administrator, it is unlawful, to operate, repair or service any motor vehicle or motorcycle on park property for the purpose of testing, servicing or repairing. Section 8. Racing in Parks It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, watercraft, aircraft, or animal in any park without the written permission of the Administrator. Section 9. SCUBA Diving SCUBA diving in areas of boat parking or moorage or at the boat ramp at Gene Coulon Park is prohibited. Except as may be permitted in writing by the Administrator, SCUBA diving from park docks or shorelines is prohibited. Section 10. Camping and Overnight Stays in Parks It is unlawful to erect a tent or shelter or to arrange bedding, or both, for the purpose of, or in such a way as will permit remaining overnight. It is also unlawful to park a trailer, camper or other vehicle for the purpose of remaining overnight except when authorized by the Administrator. Section 11. Fires and Barbecues It is unlawful to build fires in any park except in areas designed and set aside for such purpose by the Administrator. It is unlawful to use any portable barbecue over 36 inches in length or less than 30 inches in height over a combustible surface unless said surface is protected by a heat shield or fireproof device placed under the barbecue. It is unlawful to place hot coals onto park grounds or into any trash containers or water bodies. Section 12. Metal Detecting It shall be unlawful to use in any park a device to detect ores or metals except when authorized in writing by the Administrator. Section 13. Glass Containers in Parks with Swimming Areas It is unlawful to possess any glass container in any portion of the park or park facility that permits swimming. Section 14. Group Rally/Special Use Permit 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 156 of 166 It is unlawful to conduct any group rally in a park area or designated facilities where such activities will conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the Administrator. Special permit required. Groups that desire to use City of Renton facilities may be granted Special Use Permits by the department, but will be subject to a user fee. Where appropriate, special conditions of use shall be established by the Community Services Department and so noted on the Special Use Permits. Section 15. Parking and Moorage • It is unlawful to park in an area designated for a particular recreational activity, unless participating in that activity. Vehicles parked in violation of this section may be impounded at owner's expense. • Boat or watercraft users who are launching at Gene Coulon Memorial Beach Park and who do not have an annual permit must pay the posted fee on a per use basis. • It is unlawful to moor any boat or watercraft beyond posted time limits. • Watercraft moored in violation of this section may be impounded at the owner's expense. D. Penalties Section 1. Criminal Violations Pursuant to Ordinance No. , Park Rules and Regulations identified as criminal violations herein are punishable pursuant to RMC 6-18-20. Section 2. Civil Violations Pursuant to RMC 2-9-6C, Park Rules and Regulations identified as civil violations herein are punishable pursuant to RMC 1-3-2. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 157 of 166 Trail Etiquette All Users: • Obey all trail signs and regulations. • Show courtesy for other trail users at all times. • Keep dogs on leash, maximum length 8 feet (Dogs are not allowed in Gene Coulon Memorial Beach Park, Kennydale Beach Park, or the beach at Cedar River Park.). • When entering or crossing a trail at an uncontrolled point, yield to traffic already on the trail. • No group of trail users shall occupy more than half of the trail nor impede the normal movement of trail users. • Stay to the right except to pass. • Pass others, going your direction, on the left. Pass with ample separation and do not move back to the right until safely past. o Use lights at night. Pedestrians: • Listen for audible signals and allow faster trail users to pass safely. Bicyclists: • Cyclists are required to wear safety helmets on all trails in King County. • Yield to slower and oncoming users. Always give an early audible (voice, bell, horn) warning before passing another trail user, allowing them adequate time to react. 8a. ‐ Criminal violations of Park Rules & Regulations (1st reading 11/15/2010)Page 158 of 166 5^,,/^ //-ff-ZOJO l3tAldJl^4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2011 FOR GENERAL CITY OPERATIONAL PURPOSES AND INCREASING THE LEVY AMOUNT BY ONE PERCENT (1%) OF THE LEGALLY PERMISSIBLE TAX LEVY FROM 2010. WHEREAS, the City Council has met and considered the City's budget for the calendar years 2011 and 2012; and WHEREAS, the City Council, 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 requires a regular levy in the amount of thirty-two million three hundred thirty thousand dollars ($32,330,000), which includes an increase in property tax revenue from the following sources: a) an increase from the previous year of one percent (1%), b) the amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state-assessed property, d) the amounts authorized by law as a result of any annexations that have occurred, and e) relevy of any refunds made; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The regular property tax levy is hereby authorized for the 2011 levy in the amount of thirty-two million three hundred thirty thousand dollars ($32,330,000), which is an increase of one percent (1%) from the previous year plus the amount for new construction and annexations. 8b. ‐ Establishing property tax levy rate for 2011 (1st reading 11/15/2010)Page 159 of 166 ORDINANCE NO. This increase includes revenue resulting from the following sources: a) an increase from the previous year of one percent (1%), b) the amounts resulting from the addition of new construction and improvements to property, c) any increase in the value of state-assessed property, and d) the amounts authorized by law as a result of any annexations that have occurred, and e) relevy of any refunds made. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of _ _, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of ., 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD:1680:10/25/10:scr 8b. ‐ Establishing property tax levy rate for 2011 (1st reading 11/15/2010)Page 160 of 166 ^L tA//**isi '/'Is "2Stt I AitiUUnti J CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5-11-1, UTILITY TAX, OF CHAPTER 11, UTILITY TAX, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND THE UTILITY TAX RATE IMPOSED ON WATER UTILITY ENTERPRISES. WHEREAS, the City's Water Utility maintains and operates fire hydrant services, which are used by the City's Fire Department to provide local fire protection service; and WHEREAS, pursuant to the Washington State Supreme Court decision Lane v. City of Seattle, 164 Wn.2d 875, 194 P.3d 977 (2008), the City's Water Utility Enterprise Fund must begin charging the City's General Fund for the costs of providing fire hydrant services; and WHEREAS, imposing an additional tax of one and one-half percent (1.5%) on the gross receipts of the Water Utility Enterprise Fund will raise approximately the amount of revenue needed to pay for the projected costs of providing fire hydrant services to the City; and WHEREAS, this state law allows a city council to raise taxes on city-operated utilities to carry out city business; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 5-11-1G, Water and Sewer Utilities Tax, of Chapter 11, Utility Tax, 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 change the title to "Sewer Utilities Tax", and as follows: 8c. ‐ Increasing water utilities tax (1st reading 11/15/2010) Page 161 of 166 ORDINANCE NO. G. Wator and Sewer Utilities Tax: Upon any business enterprise engaging in or carrying on the business of selling, furnishing, or distributing water, sanitary sewer7 or storm sewer services for commercial or domestic use or purpose within the Renton City limits, a tax equal to six percent (6%) of the total gross income from such business in the City shall be charged effective as of January 1, 1991. SECTION II. Section 5-11-1, Utility Tax, of Chapter 11, Utility Tax, 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 subsection J, to be entitled "Water Utilities Tax", and to read as follows: J. Water Utilities Tax: Upon the Water Utility Enterprise Fund engaging in or carrying on the business of selling, furnishing, or distributing water services for commercial or domestic use or purpose within the Renton City limits, a tax equal to seven and one-half percent (7.5%) of the total gross income from such business in the City shall be charged. SECTION III. This ordinance is subject to referendum under RMC Section 1-2-2. SECTION IV. This ordinance shall be effective on January 1, 2011. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk 8c. ‐ Increasing water utilities tax (1st reading 11/15/2010) Page 162 of 166 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1681:10/28/10:scr 8c. ‐ Increasing water utilities tax (1st reading 11/15/2010) Page 163 of 166 IstAmJ^ /Ns-^o/o CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE BIENNIAL BUDGET FOR THE YEARS 2011/2012, IN THE AMOUNTS OF $224,863,236 AND $219,932,000, RESPECTIVELY. WHEREAS, the City of Renton has met and considered its budget for the calendar years 2011 and 2012; and WHEREAS, the City Council conducted public hearings for the purpose of accepting testimony related to the 2011/2012 biennial budget on November 1, 2010, and again on November 15, 2010; 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 biennial budget for the City of Renton for the years 2011/2012, previously prepared and filed with the City Clerk, as modified hereby, is hereby ratified, confirmed and adopted, in all respects, as such biennial budget for the years 2011/2012. Such biennial budget is detailed in Attachment A, 2011/2012 Biennial Budget Summary by Fund -All Funds, which is incorporated herein as if fully set forth. SECTION II. Attachment A defines the total sums authorized and allowed for expenditures and establishes such sums in each of the funds in the 2011/2012 biennial budget. SECTION III. Acts pursuant to this ordinance, but prior to its passage or effective date, are hereby ratified and confirmed. 8d. ‐ 2011/2012 City of Renton biennial budget (1st reading 11/15/2010) Page 164 of 166 ORDINANCE NO. SECTION IV. A copy of the 2011/2012 biennial 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. 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 . 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1679:ll/5/10:scr Denis Law, Mayor 8d. ‐ 2011/2012 City of Renton biennial budget (1st reading 11/15/2010) Page 165 of 166 ORDINANCE NO. ATTACHMENT A 2011/2012 BIENNIAL BUDGET SUMMARY BY FUND ALL FUNDS Fund / Department Estimated Beg Fund Bal 000 GENERAL 9,491,809 001 COMMUNITYSERVICES 50,000 003 STREETS 50,000 004 COMMUNITY DEVELOPMENT BLOCK GRANT (6,121) 005 MUSEUM 63,206 006 LIBRARY 0 009 FARMERS MARKET 70,541 010 FIRE AND EMERGENCYSVC MEMORIAL 936 Oil FIRE AND EMERGENCYSVC HEALTH &WELLI* 4,303 031 PARK MEMORIAL 175,067 201 1997 UM GO BONDS-CITY HALL 49,999 215 GENERALGOVERNMENTMISCDEBTSVC 101,449 2011 Proposed Revenue 2012 Proposed Revenue 71,689,933 10,817,691 8,391,801 304,000 195,966 2,030,000 52,500 25,000 1,983,075 2,731,960 72,918,112 11,149,285 8,629,064 304,000 216,220 1,030,000 60,500 25,000 1,982,075 3,749,298 2011 Proposed Expenditure 2012 Proposed Expenditure General Governmental 10,051,188 98,221,926 100,063,554 72,568,621 10,742,324 8,293,144 304,000 208,407 2,030,000 47,875 25,000 1,983,075 2,731,960 72,387,839 11,069,028 8,536,436 304,000 215,502 1,030,000 49,150 25,000 1,982,075 3,749,298 Budgeted Increase (Decrease) in Fund Balance (348,417) 155,624 191,285 (11,723) 15,975 98,934,407 99,348,329 2,744 Ending Fund Balance 9,143,392 205,624 241,285 (6,121) 51,483 0 86,516 936 4,303 175,067 49,999 101,449 10,053,932 102 ARTERIAL STREETS 200,687 108 LEASED CITY PROPERTIES 995,638 110 SPECIAL HOTEL-MOTEL TAX 247,828 118 CUM2755 (PATHS/TRAILS) 3,264 125 ONE PERCENT FOR ART 128,796 127 CABLE COMMUNICATIONS DEVELOPMENT 88,718 135 SPRINGBROOK WETLANDS BANK 459,528 303 COMMUNITYSERVICES IMPACTMITIGATION 1,126,594 304 FIREIMPACTMITIGATION 1,903,522 305 TRANSPORTATION IMPACTMITIGATION 557,134 316 MUNICIPAL FACIUTIESCIP 3,455,517 317 CAPITAL IMPROVEMENT 1,060,648 318 SOUTH LAKEWAINFRASTRUCTUREPROJECT 38 326 HOUSING OPPORTUNITY 1,653 402 AIRPORTOPERATIONS 1,331,290 403 SOLID WASTE UTILITY 326,034 404 MUNICIPAL GOLF COURSESYSTEM '714,988 405 WATER OPERATIONS 4,050,493 406 WASTEWATER OPERATIONS 1,177,901 407 SURFACEWATER OPERATIONS 1,590,108 416 KING COUNTY METRO 46,505 422 AIRPORT CAPITAL IMPROVEMENT 379,669 424 MUNICIPAL GOLF COURSESYSTEM CIP 135,024 425 WATER CIP 812,275 426 WASTEWATER CIP (2) 427 SURFACEWATER CIP 1 461 WATERWORKS BOND RESERVE 0 471 WATERWORKS RATESTABILIZATION 15,604 501 EQUIPMENT RENTAL 4,810,713 502 INSURANCE 5,156,987 503 INFORMATION SERVICES 911,613 504 FACILITIES 470,449 505 COMMUNICATIONS 283,929 512 HEALTHCARE INSURANCE 3,986,112 522 LEOFF1 RETIREES HEALTHCARE 2,807,251 611 FIREMENS PENSION 4,082,340 620,000 744,933 245,000 15,000 85,000 60,000 100,000 250,000 13,310,000 10,657,819 636,214 15,015,942 2,483,545 9,680,689 4,896,139 5,155,153 13,156,760 2,803,204 100,000 4,500,000 3,790,000 3,650,000 3,211,401 3,178,883 4,029,664 4,243,673 953,941 11,248,058 2,235,684 300,000 630,000 971,049 265,000 15,000 85,000 60,000 100,000 150,000 8,560,000 9,711,400 562,637 15,004,692 2,483,545 11,106,460 5,853,574 5,469,223 13,209,387 4,574,534 100,000 5,200,000 3,250,000 3,500,000 3,079,893 3,187,593 4,118,173 4,324,987 974,307 12,014,224 2,235,684 300,000 All Other Funds 43,318,851 TOTAL ALL FUNDS $ 53,370,039 121,356,702 121,096,362 $ 219,578,628 $ 221,159,916 3 620,000 614,457 245,000 50,000 85,674 400,000 529,056 499,494 14,962,000 11,647,819 1,125,756 14,951,710 2,504,738 10,107,179 4,831,929 4,865,850 13,156,760 2,803,204 100,000 4,500,000 3,790,000 3,650,000 3,195,267 3,293,564 4,513,461 4,256,261 957,746 10,844,696 2,261,732 565,475 630,000 876,232 265,000 50,000 85,674 536,926 400,000 8,970,000 9,761,400 1,163,846 14,972,362 2,542,204 10,302,480 4,817,627 4,941,632 13,209,387 4,954,203 100,000 5,200,000 3,250,000 3,500,000 2,535,156 2,930,079 4,409,226 4,379,434 991,015 11,996,739 2,262,573 550,475 225,293 (70,000) (1,348) (280,000) (865,982) (499,494) (2,062,000) (1,040,000) (1,090,750) 96,561 (79,853) 377,490 1,100,157 816,894 (379,669) 125,928,829 120,583,671 $ 224,863,236 $ 219,932,000 560,871 142,833 (774,850) (67,035) (20,513) 420,847 (52,937) (515,950) (4,059,435) 200,687 1,220,930 247,828 3,264 58,796 87,370 459,528 846,594 1,037,540 57,640 1,393,517 20,648 38 1,653 240,540 422,596 635,135 4,427,983 2,278,059 2,407,002 46,505 (0) 135,024 812,275 (2) 1 0 15,604 5,371,584 5,299,821 136,763 403,414 263,416 4,406,959 2,754,314 3,566,390 39,259,415 $ (4,056,692) $ 49,313,347 8d. ‐ 2011/2012 City of Renton biennial budget (1st reading 11/15/2010) Page 166 of 166