HomeMy WebLinkAboutCouncil 09/17/2012AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
September 17, 2012
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATION
a. 4th of July Wrap‐Up
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 comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any ballot
measure or candidate in City Hall and/or during any portion of the council meeting, including
the audience comment portion of the meeting, is PROHIBITED.
6.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 9/10/2012. Council concur.
b. City Clerk submits 8/7/2012 Special Election certification from King County Elections as
follows: Proposition No. 1, Vote to Select a Library Site Downtown ‐ "Over the Cedar River"
12,238 votes, 76.40%, PASSED; "West of the Piazza" 3,781 votes, 23.60%. Information.
c. City Attorney Department recommends approval of an interlocal agreement with the cities of
Auburn, Bainbridge Island, Bellevue, Burlington, Des Moines, Everett, Issaquah, Kent, Mount
Vernon, Seatac, Snoqualmie, and Sumner, and Cowlitz County to jointly appeal the new
National Pollutant Discharge Elimination System (NPDES) II permit. Council concur. (See 8.a.
for resolution.)
d. Community Services Department recommends approval of a contract with Native Green
Landscapes, in the amount of $152,506.25, for clearing of invasive species and installation of
improvements on the May Creek Trail property. Refer to Finance Committee.
e. Police Department recommends approval of an addendum to CAG‐07‐166, with American
Traffic Solutions, Inc., to extend the term of the Traffic Safety Camera System agreement for an
additional five years, at a cost of $2,251,980 over the five‐year term. Council concur.
Page 1 of 236
f. Transportation Systems Division recommends approval of an addendum to airport lease LAG‐
08‐007, with Acuwings, LLC, increasing the total lease revenue by $2,203.86 per year plus
leasehold excise tax through 12/14/2018. Refer to Transportation (Aviation) Committee.
g. Transportation Systems Division recommends approval of an Agreement on the Design,
Construction, Ownership, and Maintenance of the F Line RapidRide Fiber Optic Project with
King County and the cities of Burien, SeaTac, and Tukwila to adress roles and responsibilities
for the design, use, maintenance, and financing of the F Line RapidRide fiber optic cables.
Council concur. (See 8.b. for resolution.)
h. Transportation Systems Division recommends approval of the RapidRide Intelligent
Transportation System (ITS) Agreement with King County to adress roles and responsibilities
for construction and maintenance of the F Line RapidRide ITS improvements. Council concur.
(See 8.c. for resolution.)
i. Transportation Systems Division recommends approval of an agreement with the Federal
Aviation Administration to accept $5 million in grant funds for the Taxiway Bravo
Rehabilitation Project, Phase II. City's match is $555,555. 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. Finance Committee: Vouchers
b. Transportation (Aviation) Committee: New Ground Lease with Bosair, LLC; Six‐Year
Transportation Improvement Program*; Taxiway Bravo Bid Award
8.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Interlocal agreement with various agencies regarding appealing the NPDES II Permit (See
6.c.)
b. Interlocal agreement with various agencies regarding the F Line RapidRide fiber optic
cables project (See 6.g.)
c. Interlocal agreement with King County regarding the F Line RapidRide Intelligent
Transportation System (ITS) project (See 6.h.)
d. Six‐Year Transportation Improvement Program (TIP) 2013‐2018 (See 7.b.)
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
10.AUDIENCE COMMENT
Page 2 of 236
11.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
September 17, 2012
Monday, 5:30 p.m.
Highlands and Cedar River Library Buildings Update
• 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 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Certified 8/7/12 Election Results; Downtown
Library Site
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Certificate of 8/7/2012 Special Election Results by
King County Elections
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie I. Walton, City Clerk, x6502
Recommended Action:
Information
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The August 7, 2012 Primary/Special Election results have been canvassed by the King County
Canvassing Board of Election. The certified results of Renton Proposition 1, Vote to Select a Library Site
Downtown are:
Over the Cedar River 12,238 76,40% PASSED
West of the Piazza 3,748 23.60%
The site "Over the Cedar River" passed.
Of 44,400 registered voters in the City of Renton, a total of 16,689 ballots were cast---a 37.59% Special
Election turnout.
STAFF RECOMMENDATION:
N/A - Information Only
6b. ‐ City Clerk submits 8/7/2012 Special Election certification from King
County Elections as follows: Proposition No. 1, Vote to Select a Library
Page 4 of 236
6b. ‐ City Clerk submits 8/7/2012 Special Election certification from King
County Elections as follows: Proposition No. 1, Vote to Select a Library
Page 5 of 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Interlocal Agreement with Local Municipalities
concerning NPDES II Permit
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Interlocal Agreement
Talking Points
Resolution
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Larry Warren, x6484
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $25,000 Transfer Amendment: $N/A
Amount Budgeted: $ 0 Revenue Generated: $0
Total Project Budget: $ 0 City Share Total Project: $ $25,000
SUMMARY OF ACTION:
DOE issued a new NPDES II permit applicable to the City. It is an unfunded mandate, highly complex,
vague and, in some instances, very expensive to development. See the attached Talking Points for more
detail.
There has been a consortium of 13 cities and one county formed, with more expected to join, to appeal
the permit and to defend against likely appeals from the environmental community seeking to expand
the permit. The Administration supports joining the consortium for many reasons including:
1. The permit is highly technical and the costs to the city to appeal the permit are probably less for
the consortium than if the City appeals on its own and had to use staff time or outside experts.
2. The permit was issued with a 30-day appeal period, is multiple pages with two volumes of
technical attachments. There isn’t time for the City to be prepared to appeal the permit while outside
counsel that participated in review of the draft are up to speed on the permit’s contents.
3. It helps if there is a show of force by local governments in the appeal.
4. A joint appeal avoids conflicting positions between local governments.
5. A joint appeal accesses the many skills of the different government’s attorneys, including the
Renton City Attorney who is on the oversight committee.
The funding for this appeal will be added as part of the year end budget adjustment.
STAFF RECOMMENDATION:
Approve an Interlocal Agreement with the Cities of of Auburn, Bainbridge Island, Bellevue, Burlington,
Des Moines, Everett, Issaquah, Kent, Mount Vernon, Seatac, Snoqualmie and Sumner, and Cowlitz
County regarding appealing the NPDES II permit and adopt the Resolution.
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 6 of 236
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF AUBURN, BAINBRIDGE
ISLAND, BELLEVUE, BURLINGTON, DES MOINES, EVERETT, ISSAQUAH, KENT,
MOUNT VERNON, RENTON, SEATAC, SNOQUALMIE AND SUMNER AND COWLITZ
COUNTY REGARDING LEGAL SERVICES
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into between the Cities
of Auburn, Bainbridge Island, Bellevue, Burlington, Des Moines, Everett, Issaquah, Kent,
Mount Vernon, Renton, SeaTac, Snoqualmie, Sumner and Cowlitz County and any other
Phase II Permittees that might join this Coalition of Governmental Entities (collectively,
“Coalition”).
RECITALS
1. The members of the Coalition are public agencies as defined by Ch. 39.34 of the
Revised Code of Washington, and may enter into interlocal agreements on the basis of
mutual advantage to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities.
2. The Phase II National Pollutant Discharge Elimination System (NPDES) Permit is
required under provisions of the Federal Clean Water Act and requires members of the
Coalition in Washington to develop and maintain storm water programs. The Department of
Ecology (DOE) has adopted standards (DOE Standards) purportedly under the NPDES
Permit authority that may impose costly burdens on landowners, including members of the
Coalition and may also cause costly legal challenges to members of the Coalition as a result
of enforcing DOE Standards.
3. The potential impact of the DOE Standards on members of the Coalition and
property owners is so significant and far-reaching, members of the Coalition are joining
together to explore all legal and other avenues available to challenge the DOE Standards
including but not limited to filing an appeal with the Pollution Control Hearings Board. The
appeal deadline is August 31, 2012, the effective date of the DOE Standards. Members of
the Coalition wish to retain outside counsel (Counsel) to represent the Coalition in said legal
challenge(s) and wish to collectively pay Counsel as further set forth below.
4. NOW THEREFORE, in consideration of the terms and provisions contained
herein, Coalition agrees as follows:
AGREEMENT
1. Purpose: It is the purpose of this Agreement to have the Coalition collectively pay
for the legal services of Foster Pepper PLLC, or other selected legal counsel(Legal
Services) to represent the Coalition’s interests in any legal challenges to the NPDES Phase
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 7 of 236
II permits (Litigation).
2. Duration: This Agreement shall be effective August 13, 2012, irrespective of the
date members of the Coalition execute this Agreement. Unless terminated by any party in
accordance with Paragraph 5, Termination, the Agreement shall remain in full force and
effect through conclusion of the Legal Services either through settlement of the dispute with
the State of Washington, Pollution Control Hearings Board order, court order or other court
disposition by the highest court authorized to hear an appeal of this matter, and/or other
mutual resolution of the legal challenge or Legal Services as agreed to among members of
the Coalition as provided in Paragraph 5.2 of this Agreement.
3. Administration: Coalition shall enter into a Joint Prosecution Agreement for the
administration of the Legal Services and Litigation. Said Joint Prosecution Agreement shall
include, but need not be limited to, a confidentiality agreement, establishing a structure for
the administration and oversight of the Legal Services and Litigation that is efficient and
effective given the number of Coalition who are parties to this Agreement, including
oversight of the legal costs incurred pursuant to this Agreement and any other subjects
necessary or appropriate to the administration of the Legal Services and prosecution of the
Litigation. If this Agreement is effective prior to finalizing the Joint Prosecution Agreement,
Coalition authorize the City of Bellevue to be Lead Agency to do all things necessary and/or
appropriate to pursue the Litigation on behalf of Coalition including but not limited entering
into an agreement for Legal Services as contemplated herein.
4. Payment:
4.1 The Legal Services’ fees and costs shall be shared by members of the
Coalition based upon the cost-sharing formula set forth in Exhibit “A” attached hereto and
incorporated by this reference. This obligation shall continue through conclusion of the
Legal Services as provided in Paragraph 2 above, unless a member of the Coalition
terminates its participation in this Agreement as provided in Paragraph 5. Members of the
Coalition hereby authorize said fees and costs up to $255,000. The amount of this
authorization may be increased administratively with the addition of new Coalition members
up to a total of $500,000. Provided, however, any increase in the cost of legal services that
would require additional payments from any Coalition members in excess of the obligations
set forth in Exhibit “A” shall require amendment of this Agreement unless an individual
Coalition member expressly volunteers to increase its share without the necessity of
amendment of this Interlocal Agreement.
4.2 The provider of Legal Services shall provide a monthly bill of its fees and
costs to Bellevue. Bellevue shall timely pay the bill on behalf of Coalition. Within 15 days of
approval of this Agreement, each member of the Coalition shall remit its proportionate share
of the fees and costs to the City of Bellevue. Bellevue shall place these funds into an
interest-bearing account, with any interest derived from these funds to be applied to the
costs of the provider of Legal Services. At the time of drafting of this Agreement 12
governmental entities have committed to joining this appeal, and based upon the
cost–sharing formula set forth in Exhibit “A” hereto, each member of the Coalition is
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 8 of 236
obligated to make payment of its proportionate share to the City of Bellevue. In the event
Bellevue must take legal action to collect any amount due from a member of the Coalition,
Bellevue shall be entitled to recover all costs for said action including reasonable attorney’s
fees.
4.3 In the event additional governmental entities join this Agreement, each
new member of the Coalition shall be obligated to payment to the City of Bellevue based
upon the cost-sharing formula set forth in Exhibit “A”.
4.4 While it is recognized that members of the Coalition may not be able to
sign this Agreement before August 31, 2012 it is agreed that the members will benefit from
the Legal Services provided herein. Therefore, it is presumed that a member of the
Coalition which enters into and signs this Agreement agrees to pay for Legal Services
performed from and after August 13, 2012, regardless of the date of signing. Adjustments
to amounts previously billed and received by Bellevue due to later joining members of the
Coalition will be reconciled on a semi annual basis.
5. Termination:
5.1 Termination by Notice: Any participating member of the Coalition may
terminate its participation in this Agreement by providing at least sixty (60) days prior written
notice to all other participating members. The terminating member must pay the full share of
the Legal Services Fees and Costs due through the date of termination three months from
the date of Notice. Should it become necessary to amend this Agreement to increase the
authorized total amount of fees and costs set forth in Paragraph 4.1, or a member's
proportionate share pursuant to Paragraph 4.3, any member may terminate its participation
in this Agreement by providing written notice to all other participating members within 15
days of receiving written notice of the request to amend fees and costs. This termination
shall not affect the obligation of the terminating member to pay its full share of the currently
authorized Legal Services Fees and Costs, and shall not entitle the terminating member to
any refund of monies already paid to the Coalition. Except as provided in Paragraph 5.2, the
termination of a member’s participation in this Agreement shall not result in the termination
of this Agreement with respect to other members of the Coalition.
5.2 Termination by Mutual Written Agreement. This Agreement may be
terminated at any time by mutual written agreement of a majority of the then participating
members of the Coalition. Members shall be obligated to pay for Legal Services incurred to
the date of Notice to the provider of Legal Services that its services are no longer needed
and any reasonable additional fees and costs necessary to conclude its Legal Services.
5.3 Distribution of Assets upon Termination. It is not anticipated that any
assets will be acquired as a result of participating in this Agreement. If, however, any
assets are acquired with joint funds of the Members of the Coalition, those assets will be
equally divided among the members at the asset’s fair market value upon termination. The
value of the assets shall be determined by using commonly accepted methods of valuation.
Additionally, any funds remaining in the interest-bearing account following conclusion of all
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 9 of 236
Legal Services shall be divided among the members of the Coalition in amounts
proportionate to the members’ contributions to the Agreement based upon the cost-sharing
formula contained in Exhibit “A and any other voluntary contributions made by that member.
6. Miscellaneous:
6.1 Amendments. Except as expressly provided herein, this Agreement may
only be amended by mutual written agreement of the members of the Coalition.
6.2 Severability. If any section of this Agreement is adjudicated to be invalid,
such action shall not affect the validity of any section not so adjudicated.
6.3 Interpretation. The legal presumption that an ambiguous term of this
Agreement should be interpreted against the party who prepared the Agreement shall not
apply.
6.4 Ownership of Property. Any property owned and used by Bellevue in
connection with this Agreement shall remain the property of Bellevue and any property
owned and used by any other participating member of the Coalition shall remain the
property of that member, unless otherwise specifically provided in this Agreement or its
amendment.
6.5 Notice. All communications regarding this Agreement will be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice shall become effective upon personal service or three (3)
business days after the date of mailing by registered or certified mail, and will be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or any
other address if later specified in writing. Except for the requirement of Notice as provided
in this Agreement, nothing herein shall be construed to prevent the members of the Coalition
from communicating among themselves by email, fax or other electronic means. Any
governmental agency not specifically named herein, that later joins in this Agreement, shall
give to all members of the Coalition then participating under this Agreement written notice of
the name and address of the person that can accept notices on behalf of such joining
governmental agency.
6.6 Counterparts. This Agreement may be entered into with any number of
counterparts which, taken collectively, will constitute one entire agreement.
6.7 Ratification and Confirmation. All acts taken prior to the effective date of
this Agreement that are consistent with the intent and purpose of the same are
hereby ratified and confirmed retroactive to August 13, 2012.
6.8 Dispute Resolution. Should any dispute arise among members of the
Coalition or between one or more members related to the interpretation, application or
administration of this Agreement, the disputing parties shall participate in a good faith
mediation effort to resolve their differences prior to bringing any legal action.
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 10 of 236
6.9 Compliance with RCW 39.34.040. Members of the Coalition entering into
this Agreement shall be responsible for ensuring that it is filed in accordance with RCW
39.34.040.
IN WITNESS, the parties below execute this Agreement, which shall become
effective August _________, 2012.
AUBURN:
CITY OF AUBURN
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
BAINBRIDGE ISLAND:
CITY OF BAINBRIDGE ISLAND
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
BELLEVUE:
CITY OF BELLEVUE
BURLINGTON:
CITY OF BURLINGTON
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 11 of 236
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
DES MOINES:
CITY OF DES MOINES
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
EVERETT:
CITY OF EVERETT
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
ISSAQUAH:KENT:
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 12 of 236
CITY OF ISSAQUAH
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
CITY OF KENT
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
MOUNT VERNON:
CITY OF MOUNT VERNON
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
RENTON:
RENTON
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 13 of 236
SEATAC:
CITY OF SEATAC
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
SNOQUALMIE:
CITY OF SNOQUALMIE
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
SUMNER:
CITY OF SUMNER
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
COWLITZ :
COWLITZ COUNTY
By: ______________________________
Print Name: _______________________
Its:______________________________
Date: ____________________________
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
NOTICES TO BE SENT TO:
_________________________________
_________________________________
_________________________________
_________________________________
(___) ______-__________ (Telephone)
(___) ______-__________ (Facsimile)
APPROVED AS TO FORM:
_________________________________
APPROVED AS TO FORM:
_________________________________
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 14 of 236
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 15 of 236
NPDES PHASE II 2013-2018 PERMIT
APPEAL FACT SHEET
This information is being provided to local governments that are governed by the recently
re-issued National Pollutant Discharge Elimination System (“NPDES”) Phase II Permit from the
state Department of Ecology. It briefly describes some of the more significant permit conditions,
the potential financial implications for permittees and development impacts for property owners.
Finally, it offers reasons why it could be beneficial for Phase II jurisdictions to join forces again to
form a coalition for purposes of fling an appeal of certain of the permit conditions with the
Pollution Control Hearings Board (“PCHB”). The deadline for appealing the Permit is September
1, 2012, even though the Permit effective date is August 2013. Time is of the essence!
WHAT ARE THE MOST SIGNIFICANT NEW PERMIT CONDITIONS?
·Low Impact Development
Low Impact Development (“LID”) is now required at many sites to mimic hydrology of an old
growth forest, including rain gardens for roof runoff and pervious pavement. Rules are highly
complex, requiring detailed evaluation on a site-by-site basis, and long-term viability of LID has
not been proven given high level of maintenance needed. (Note: Ecology added exceptions for
poor soils, city arterial/collector roads, and others). Required by December 31, 2016.
·Feasibility versus Infeasibility
The original version of the Phase II Permit allowed for local governments to opt out of enforcing
certain detention requirements where a property owner could demonstrate that it would not be
feasible to comply with the requirements. The 2013-2018 Permit has reversed that standard
and now requires that the local government demonstrate that it is infeasible for the applicant to
comply. This may require costly and time-consuming expert studies to be conducted by the
local government to meet this new standard.
·No Vesting
Vesting under City permits no longer extended to stormwater regulations. New Phase II Permit
requirements apply to all applications submitted after December 31, 2016, and to any previously
permitted project that hasn’t started construction by January 1, 2022. This change will be most
significant for projects that have development agreements or are otherwise phased. Depending
upon timing of build-out, new, more extensive requirements will apply to projects that are
approved between 2017 and 2022.
·Low Impact Development and Watershed Planning
Perform a comprehensive review of all codes to incorporate LID principles with the goal of
making LID the preferred approach to site development, through minimization of impervious
surfaces and native vegetation retention. Also, participate in watershed-scale planning studies
with Phase I jurisdictions to evaluate possible additional changes in development codes, rules
and standards that would benefit water quality. Required by December 31, 2016.
·Illicit discharge investigations
Field screening of 40% of storm system by 2017, and 12%/year thereafter.
·One-Acre Threshold Removed
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 16 of 236
Under the first Phase II Permit, detention requirements only affected projects that
disturbed greater than 1.0 acre. This threshold has now been removed, so detention
requirements also include projects that are smaller than 1.0 acre. Redevelopment of
small parcels is likely to become more expensive or even impractical with these new
detention standards. Also, for sites involving greater than 1.0 acre, this now requires
retrofit of stormwater detention to match the forested pre-developed condition, instead of
just matching current conditions which in redevelopment scenarios doesn’t require
costly stormwater detention.
·Operations
Inspect all catch basins every two years (currently is every four years).
WHAT ARE THE FISCAL IMPLICATIONS FOR PHASE II JURISDICTIONS?
These new requirements are likely to be very costly to implement. For example, the
requirement that LID principles be integrated into all local codes regulating land use and
development will require time-consuming review of codes and revisions to achieve this
requirement. Significant staff resources may be expended on ensuring that all relevant codes
are considered and updated. Additional training will be required to ensure that once changes
are in place, project reviews are accomplished and development permits issued consistent with
the new regulations.
Monitoring and other operational responsibilities are greatly increased, again requiring more
staff time to achieve compliance. Phase II utilities expect that the costs of compliance with the
terms of this permit will include hiring new permit review and operational staff. Increases in
utility rates to cover these increased costs are estimated to be between 5% and 15%, as the
new regulations go into effect over the next four years.
New, more onerous and far-reaching regulations will place Phase II jurisdictions in jeopardy of
failing to comply with the Permit, which exposes those jurisdictions to costly and time-consuming
citizen suits in addition to fines from Ecology and the U.S. Environmental Protection Aagency.
The implications of stifling re-development and new growth are important as local economies
struggle for improvement. If the regulations make property development too costly for private
investors, local economic development will stall out, impacting jobs and tax revenues for local
government.
WHY FORM A COALITION TO CHALLENGE PERMIT CONDITIONS?
Forming a coalition of Phase II jurisdictions to challenge some of the permit conditions has many
benefits:
·A united group of permit holders challenging the new regulations sends an important
message to the PCHB, our communities and our state legislators. If a large number of
jurisdictions participate in the appeal, the very real logistical and fiscal problems
associated with the new regulations will be presented to the Board.
·Appealing the permit assures that local jurisdictions will be able to defend against
challenges brought by groups seeking to make the permit conditions even more onerous
and costly. The Phase II Coalition that challenged the original permit successfully
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 17 of 236
negotiated a “safe harbor” for self-reporting water quality violations to Ecology to protect
against citizen suits. It is possible that this safe harbor could be challenged before the
PCHB in this appeal, without a local government presence to defend it.
·Individual jurisdictions will have a seat at the table—whether it be in challenging permit
conditions, defending permit conditions, or seeking negotiated changes to the permit, to
ensure that local concerns are addressed.
·Litigation is costly. The more Phase II permit holders we have join this coalition, the
lower individual costs will be for all members.
·A substantially-sized coalition may be more successful in seeking legislative relief if
negotiations and/or litigation are not successful.
Because the appeal deadline is looming, it is important that interested Phase II Permittees
decide quickly whether to participate in the Coalition. Because many local legislative bodies will
not be meeting again until after the Labor Day holiday, formal approval of an Interlocal
agreement forming the Coalition by all participants will not be possible. If your jurisdiction is
interested in participating, however, please contact Bellevue City Attorney Lori Riordan at
(425)452-7220 to discuss your level of interest and what financial contributions will be sought
from participants to fund the appeal. We would like to hear from you no later than August 29,
2012.
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 18 of 236
1
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 CITIES OF AUBURN, BAINBRIDGE ISLAND, BELLEVUE, BURLINGTON, DES
MOINES, EVERETT, ISSAQUAH, KENT, MOUNT VERNON, SEATAC, SNOQUALMIE
AND SUMNER, AND COWLITZ COUNTY REGARDING LEGAL SERVICES.
WHEREAS, the City of Renton and the Cities of Auburn, Bainbridge Island, Bellevue,
Burlington, Des Moines, Everett, Issaquah, Kent, Mount Vernon, Seatac, Snoqualmie and
Sumner and Cowlitz County (collectively, the “Parties”) are authorized, pursuant to RCW
Chapter 39.34, to enter into an interlocal government cooperative agreement; and
WHEREAS, the Phase II National Pollutant Discharge Elimination System (NPDES)
Permit is required under provisions of the Federal Clean Water Act and requires the Parties to
develop and maintain storm water programs; and
WHEREAS, the Department of Ecology (“DOE”) has adopted standards purportedly
under the NPDES Permit authority that may impose costly burdens on property owners,
including the Parties and may also cause costly legal challenges to the Parties as a result of
enforcing DOE Standards; and
WHEREAS, the potential impact of the DOE Standards on the Parties and property
owners is so significant and far-reaching, the Parties are joining together to explore all legal and
other avenues available to challenge the DOE Standards including but not limited to filing an
appeal with the Pollution Control Hearings Board; and
WHEREAS, August 31, 2012 was the appeal deadline is and the effective date of the
DOE Standards. Members of the Coalition wish to retain outside counsel to represent the
Coalition in the legal challenge(s) and wish to collectively pay counsel as further set forth in the
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 19 of 236
RESOLUTION NO. _______
2
interlocal agreement;
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 Cities of Auburn, Bainbridge Island, Bellevue, Burlington, Des
Moines, Everett, Issaquah, Kent, Mount Vernon, Seatac, Snoqualmie and Sumner and Cowlitz
County regarding legal services.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2012.
______________________________
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2012.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Lawrence J. Warren, City Attorney
RES.1573:9/6/12:scr
6c. ‐ City Attorney Department recommends approval of an interlocal
agreement with the cities of Auburn, Bainbridge Island, Bellevue, Page 20 of 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Contract with Native Green Landscapes for
clearing and improvements of May Creek Trail
property
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Issue Paper
Contract and Special Conditions
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Todd Black, x-6571
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ 152,506.25 Transfer Amendment: $70,829.05
Amount Budgeted: $ 500,000.00 Revenue Generated: $N/A
Total Project Budget: $ 500,000.00 City Share Total Project: $ N/A
SUMMARY OF ACTION:
The city acquired the three acre May Creek property through a state Department of Commerce Hawk's
Landing grant, which also provided funding for sidewalk and stormwater improvements. This project will
clear an acre of invasive plants, and install a quarter mile long, soft-surface walking trail, interpretive
signage, benches, and plant native trees and shrubs.
The quote opening was August 22, 2012. Four quotes were submitted, and Native Green Landscapes
was the low quote. Staff reviewed the quote for completeness, inclusion of all required forms,
mathematical correctness of the quote, and all paperwork is in order.
Staff proposes to accept the quote of $152,506.25.
Budgeted funding is under account number:
316.332020.020.594.76.61.000 Fawcett/Hawk's Landing Property Acquisition (2009/2010/2011/1012)
It is recommended that additional funding be utilized from account number:
316.332020.020.334.04.20.000 Renton Hawk's Landing - PW Board Grant $147,963.81
427.475470.018.334.04.20.000 Lake Washington Boulevard - Hawk's Landing - PW Board Grant
($11,792.73)
425.455575.018.334.04.20.000 Renton Hawk's Landing - PW Board Grant $97,346.48
STAFF RECOMMENDATION:
Approve a contract with Native Green Landscapes for clearing of invasive plants, installing a new soft-
surface trail, benches and interpretive signage, irrigation, and planting of native trees and shrubs in the
amount of $152,506.25, and authorize the Mayor and City Clerk to sign the contract.
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 21 of 236
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:September 17, 2012
TO:Rich Zwicker, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
Todd Black, Capital Project Coordinator (x-6571)
SUBJECT:May Creek Trail – Contract Agreement
ISSUE:
Should the Council concur with the staff recommendation to execute the Agreement for
Services with Native Green Landscapes to clear invasive plants and install a soft-surface
trail, benches and interpretive signage, irrigation and plant native trees and shrubs along
May Creek?
RECOMMENDATION:
The city acquired the three acre May Creek property through a state Department of
Commerce Hawk's Landing grant, which also provided funding for sidewalk and
stormwater improvements. This project will clear an acre of invasive plants, and install a
quarter mile long, soft-surface walking trail, interpretive signage, benches, and plant
native trees and shrubs.
Staff recommends approval of the Agreement for Services in the amount of $152,506.25
between the City of Renton and Native Green Landscapes to clear invasive plants and
install a soft-surface trail, benches and interpretive signage, irrigation, and plant native
trees and shrubs along May Creek. The staff’s estimate for this work was $140,000.00
Funding has come from a state Department of Commerce grant, with $1,700,000 split
between four funds. $500,000 was budgeted to 316 Funds for Parks Planning and
Natural Resources use. To date, $395,581.74 has been spent for land purchase, title,
environmental assessment, surveying, environmental permitting and trail design, and
interpretive signage, with a remaining balance of $104,418.26.
Additional funding will come from the remainder of the state grant, which totals
$70,829.05, out of the original grant portion of $1,200,000, with the funds having been
spent on stormwater and sidewalk improvements along Lake Washington Boulevard
North, adjacent to the proposed Hawk’s Landing development, and next to the May
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 22 of 236
Rich Zwicker, Council President
Members of Renton City Council
Subject: May Creek Trail – Contract Agreement
September 17, 2012
Page 2 of 3
Creek Trail.
BACKGROUND SUMMARY:
The city acquired the three acre May Creek property through a state Department of
Commerce grant, which also provided funding for sidewalk and stormwater
improvements along the proposed Hawk’s Landing. The May Creek Trail project will
clear an acre of invasive plants, and install a quarter mile long, soft-surface walking trail,
interpretive signage, benches, and plant native trees and shrubs. The trail will provide
an important connection in the developing system that will eventually run from the
shores of Lake Washington to Cougar Mountain.
The quote opening was August 22, 2012. Four quotes were submitted, and Native Green
Landscapes was the low quote. Staff has reviewed the quote for completeness, inclusion
of all required forms, mathematical correctness of the quote, and reference checks. All
of the paperwork is in order.
Staff proposes to accept the quote of $152,506.25.
Funding for the May Creek Trail project will be under account number:
316.332020.020.594.76.61.000 Fawcett/Hawk's Landing Property Acquisition
(2009/2010/2011/1012)
It is recommended that additional funding for the May Creek Trail project be transferred
from account numbers:
316.332020.020.334.04.20.000 Renton Hawk's Landing - PW Board Grant
427.475470.018.334.04.20.000 Lake Washington Boulevard - Hawk's Landing -
PW Board Grant
425.455575.018.334.04.20.000 Renton Hawk's Landing - PW Board Grant
The projects in these accounts have been completed, leaving a balance that staff wishes
to utilize for the May Creek Trail project.
CONCLUSION:
Installing a soft-surface trail with interpretive signage and benches, irrigation, and
planting native trees and shrubs will provide a much needed park and trail along May
Creek, and provide the first City of Renton connection of the Lake Washington to Cougar
Mountain trail.
Cc:Jay Covington, Chief Administrative Officer
Larry Warren, City Attorney
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 23 of 236
Rich Zwicker, Council President
Members of Renton City Council
Subject: May Creek Trail – Contract Agreement
September 17, 2012
Page 3 of 3
Iwen Wang, Finance & IS Administrator
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 24 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 25 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 26 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 27 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 28 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 29 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 30 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 31 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 32 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 33 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 34 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 35 of 236
6d. ‐ Community Services Department recommends approval of a
contract with Native Green Landscapes, in the amount of $152,506.25, Page 36 of 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
American Traffic Solutions - Addendum to CAG-07-
166
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Issue Paper
Addendum to CAG-07-166
Submitting Data: Dept/Div/Board:
Police
Staff Contact:
Clark Wilcox, x7597
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure
Required: $
2,251,980 - for entire 5
year extension
Transfer
Amendment: $
Amount Budgeted:
$
2,400,230 - for entire 5
year extension
Revenue Generated:
$
7,120,765 - projected income over
5 year extension
Total Project
Budget: $ City Share Total
Project: $
SUMMARY OF ACTION:
ATS has provided photo enforcement services since September 2007. The contract provides two fixed
school zone speed cameras at McKnight Middle School, Renton High School and Talbot Hill Elementary
School for a total of six fixed school zone speed cameras. The contract also provides photo enforcement
at the following intersections: W/B N. 3rd @ Sunset Blvd N, S/B Sunset Blvd N @ Bronson Way N, W/B S
Grady Way @ Rainier Ave S, S/B Rainier Ave S @ SW Grady Way/S Grady Way, E/B SW Grady Way/S
Grady Way @ Rainier Ave S, S/B East Valley Road @ SW 43rd Street, for a total of six red light photo
enforcement approaches. Additionally, we have on-call services that provide maintenance and
calibration for each camera. The contract also includes validation and billing services by ATS.
There is no change to the current contract which was in affect for five years with a five year renewal
option. The total amount paid to ATS for their services from September 2007 through June 31, 2012 was
$1,749,839. The amount of revenue the City of Renton received during this time period was $5,370,926.
STAFF RECOMMENDATION:
Approve the Addendum to CAG-07-166 to extend the current Professional Services Agreement between
American Traffic Solutions, Inc. and the City of Renton for an additional five (5) years and authorize the
Mayor and City Clerk to sign the Addendum.
6e. ‐ Police Department recommends approval of an addendum to CAG‐
07‐166, with American Traffic Solutions, Inc., to extend the term of the
Page 37 of 236
POLICE DEPARTMENT
M E M O R A N D U M
DATE:August 14, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Kevin Milosevich, Chief of Police
STAFF CONTACT:Clark Wilcox, Commander (x 7597)
SUBJECT:Issue Paper – American Traffic Solutions
ISSUE:
Should the City of Renton continue its contract with American Traffic Solutions Inc. to
provide Photo Enforcement services for Renton Schools and intersections within the city
limits of Renton?
BACKGROUND:
ATS has provided photo enforcement services since September 2007. The contract
provides two fixed school zone speed cameras at McKnight Middle School, Renton High
School and Talbot Hill Elementary School for a total of six fixed school zone speed
cameras. The contract also provides photo enforcement at the following intersections:
W/B N. 3rd @ Sunset Blvd N, S/B Sunset Blvd N @ Bronson Way N, W/B S Gray Way @
Rainier Ave S, S/B Rainier Ave S @ SW Grady Way/S Grady Way, E/B SW Grady Way/S
Grady Way @ Rainier Ave S, S/B East Valley Road @ SW 43rd Street, for a total of six red
light photo enforcement approaches. Additionally, we have on-call services that provide
maintenance and calibration for each camera. The contract also includes validation and
billing services by ATS.
There is no change to the current contract which was in affect for five years with a five
year renewal option. The total amount paid to ATS for their services from September
2007 through June 31, 2012 was $1,749,839. The amount of revenue the City of Renton
received during this time period was $5,370,926.
STAFF RECOMMENDATIONS:
Council concur with the recommendation of City Administration to approve a five year
extension of the Professional Services Agreement with American Traffic Solutions.
6e. ‐ Police Department recommends approval of an addendum to CAG‐
07‐166, with American Traffic Solutions, Inc., to extend the term of the
Page 38 of 236
City of Renton
Professional Services Agreement
Traffic Safety Camera System
Addendum to CAG-07-166
The City of Renton, a Washington Municipal Corporation (the “City”) and American
Traffic Solutions, Inc. (the “Consultant”) hereby mutually agree to exercise the right to
extend the term of the Traffic Safety Camera System agreement (City contract number
CAG-07-166), dated September 5, 2007 for an additional five (5) years for a total
contract term of ten (10) years.
CITY OF RENTON
WASHINGTON
By: _______________________________
Dennis Law, Mayor
__________________________________
Date
American Traffic Solutions, Inc.
By: _______________________________
Michael Bolton
Its Chief Operating Officer
__________________________________
Date
ATTEST:
By: _______________________________
Bonnie Walton, City Clerk
__________________________________
Date
APPROVED AS TO FORM:
By: _______________________________
Lawrence J. Warren, City Attorney
__________________________________
Date
6e. ‐ Police Department recommends approval of an addendum to CAG‐
07‐166, with American Traffic Solutions, Inc., to extend the term of the
Page 39 of 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Addendum to Acuwings LLC Lease LAG 08-007
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Issue Paper
Addendum to Acuwings LLC Lease LAG 08-007
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ryan Zulauf, Airport Manager, x7471
Recommended Action:
Refer to Transportation/Aviation Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$46,280.76
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Acuwings LLC has a lease on the Airport under LAG 08-007. LAG 08-007 is a building and ground lease
for the 756 building (pilot lounge), the 760 building and tiedown aircraft storage. The periodic lease rate
adjustment was effective December 15, 2011, and the Consumer Price Index-Urban was used to
determine the new lease rate for the two buildings and ground area. The overall increase in lease
revenue is $2,203.86, plus leasehold excise tax. The lease expires on December 14, 2013, with an
option to extend for an additional five years to expire on December 14, 2018.
STAFF RECOMMENDATION:
Approve the lease rate increase and authorize the Mayor and City Clerk to sign the lease addendum to
Acuwings’ lease LAG 08-007.
6f. ‐ Transportation Systems Division recommends approval of an
addendum to airport lease LAG‐08‐007, with Acuwings, LLC, increasing Page 40 of 236
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:September 17, 2012
TO:Richard Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ryan Zulauf, Airport Manager (ext 7471)
SUBJECT:Addendum to Acuwings LLC Lease LAG 08-007
ISSUE:
Should the Council approve the lease rate increase to Acuwings’ lease LAG 08-007?
RECOMMENDATION:
Approve the lease rate increase and authorize the Mayor and City Clerk to sign the
lease addendum to Acuwings’ lease LAG 08-007.
BACKGROUND:
Acuwings LLC leases two buildings and 54,478 square feet of ground space located at
760 West Perimeter Road for the operation of a flight instruction school. The term of
the lease allows the City to adjust the lease rate based on the increase in the Consumer
Price Index-All Urban Consumers for Seattle-Tacoma-Bremerton for the next three year
period from December 15, 2011 to December 14, 2014.
The increase in the Consumer Price Index-All Urban Consumers for
Seattle-Tacoma-Bremerton was determined to be 5% (December 2008 = 222.58 and
October 4, 2011 = 233.810 so 233.810/222.58 = 1.05 or 5%). This results in an increase
in each of the three leased areas as follows:
Ø 756 building = $235.37/month plus 5% is $247.14/month, plus leasehold excise
tax;
Ø 760 building = $850.00/month plus 5% is $892.50/month, plus leasehold excise
tax; and,
Ø Ground space = $0.57/square foot/year plus 5% is $0.5985/square foot/year, or
$2,717.09/month (54,478 square feet x $0.5985 = $32,605.09 / 12 = $2,717.09),
plus leasehold excise tax.
6f. ‐ Transportation Systems Division recommends approval of an
addendum to airport lease LAG‐08‐007, with Acuwings, LLC, increasing Page 41 of 236
Richard Zwicker, Council President
Members of the Renton City Council
Page 2 of 2
September 17, 2012
h:\file sys\air - airport, transportation services division\03 projects\01 tasks\agenda bills\2012 agenda bills\agenda bill - acuwings
addendum\issuepaper - acuwings addendum.doc
For the period December 15, 2011 through December 14, 2014, Acuwings’ total annual
lease amount will be $46,280.76 plus leasehold excise tax. This is a total annual increase
of $2,203.86. Acuwings’ lease expiration date is December 14, 2013, with an option to
extend for an additional five years to expire on December 14, 2018.
cc:Doug Jacobson, Deputy PW Administrator – Transportation
Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr, Airport Secretary
6f. ‐ Transportation Systems Division recommends approval of an
addendum to airport lease LAG‐08‐007, with Acuwings, LLC, increasing Page 42 of 236
6f. ‐ Transportation Systems Division recommends approval of an
addendum to airport lease LAG‐08‐007, with Acuwings, LLC, increasing Page 43 of 236
6f. ‐ Transportation Systems Division recommends approval of an
addendum to airport lease LAG‐08‐007, with Acuwings, LLC, increasing Page 44 of 236
6f. ‐ Transportation Systems Division recommends approval of an
addendum to airport lease LAG‐08‐007, with Acuwings, LLC, increasing Page 45 of 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Agreement on the Design, Construction,
Ownership, and Maintenance of the F Line
RapidRide Fiber Optic Project with King
County and the Cities of Burien, SeaTac,
Tukwila and Renton
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Issue Paper
Agreement
Resolution
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Jim Seitz, Transportation Planning & Programming
Supervisor (x7245)
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The King County Metro F Line RapidRide is scheduled to begin operation September 29, 2013. Prior to
the implementation, King County Metro and the City of Renton where applicable will construct the
necessary infrastructure and new RapidRide stations and communication systems along the bus route.
This agreement addresses the roles and responsibilities of the county and the City in regards to the
design, use, maintenance and financing of the fiber optic cables.
STAFF RECOMMENDATION:
Approve an Agreement for the Design, Construction, Ownership, and Maintenance of the F Line
RapidRide Fiber Optic Project between King County and the cities of Burien, SeaTac, Tukwila and
Renton, and adopt the resolution
6g. ‐ Transportation Systems Division recommends approval of an
Agreement on the Design, Construction, Ownership, and Maintenance of Page 46 of 236
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:September 24, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator (x7311)
STAFF CONTACT:Jim Seitz, Transportation Planning and Programming
Supervisor (extension 7245)
SUBJECT:Agreement on the Design, Construction, Ownership, and
Maintenance of the F Line RapidRide Fiber Optic Project
between King County and the cities of Burien, SeaTac, Tukwila
and Renton
ISSUE:
Should the City Council authorize the Mayor and City Clerk to sign the Agreement on the
Design, Construction, Ownership, and Maintenance of the F Line RapidRide Fiber Optic
Project between King County and the Cities of Burien, SeaTac, Tukwila and Renton?
RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the Agreement on the Design, Construction,
Ownership, and Maintenance of the F Line RapidRide Fiber Optic Project between King
County and the cities of Burien, SeaTac, Tukwila and Renton. Present the resolution
regarding this matter for reading and adoption.
BACKGROUND:
The cities of Burien, SeaTac, Tukwila, Renton and King County Metro have been working
for over two years regarding the routing, layover areas, station location and the
Intelligent Transportation System (ITS) needed to implement the new F Line RapidRide
route on September 29, 2013. This agreement is the culmination of the decisions that
have been agreed upon over the development of the route and specifically the design,
construction, ownership, and maintenance of the F Line RapidRide Fiber Optic Project.
King County will deploy F Line RapidRide, a bus rapid transit (BRT) service, between the
6g. ‐ Transportation Systems Division recommends approval of an
Agreement on the Design, Construction, Ownership, and Maintenance of Page 47 of 236
Rick Zwicker, Council President
Members of the Renton City Council
Page 2 of 2
September 24, 2012
H:\Division.s\TRANSPOR.TAT\Agenda Bills\2012\RapidRide Fiber Optic Issue Paper.doc
cities of Burien, SeaTac, Tukwila, and Renton. RapidRide is a premium transit service
with increased frequency, reduced travel time, and enhanced passenger amenities.
Two key elements of RapidRide service are real-time information signs at selected bus
stop locations and transit signal priority at selected intersections throughout the
corridor. To support these features, the county is developing a network for transporting
data from its central communication system to the roadside, and for communicating
wirelessly along the roadside with real-time information signs, fare transaction
processors, and buses. The roadside network will consist of a fiber optic cable, secure
wireless access points at intersections, and backhaul services provided through the King
County WAN and the Washington State Department of Transportation (WSDOT) regional
network.
The Fiber Optic Project will install a large capacity fiber optic cable along the F Line
RapidRide corridor as shown in Attachment 1 using existing traffic signal, fiber optic, and
illumination conduit along the corridor. This cable will run from the Burien Transit
Center to the SW 7th Street/Rainier Avenue South intersection in Renton and provide
backhaul connections with the King County WAN at the Burien Transit Center and King
County Transvalley corridor, as well as backhaul connections with WSDOT at the
regional hub at SR 518/SR 99 and at Renton City Hall. The Fiber Optic Project will
include sufficient fiber strands to support the county’s RapidRide ITS communications,
local agency communications, and interagency communications.
Given the technical nature and complexity of these topics, both the Public Works
Transportation Division Operations Section and the Administrative Services IT Division
staff have been involved in numerous meetings over the last two years to come to an
agreement on the terms of this agreement.
King County’s project budget is $2,241,795 for these improvements. There is a separate
ITS agreement regarding the construction of these improvements and no additional
expenditures are required by the City of Renton by entering into this agreement. Any
project elements required along the Rainier Avenue corridor have already been
incorporated in the Rainier Avenue Improvements Project.
The scheduled date to begin construction of the F Line ITS Improvements is
January 17, 2013 with completion scheduled for September 17 and implementation of
RapidRide service scheduled for September 29, 2013.
cc:Iwen Wang, Finance Administrator
Doug Jacobson, Deputy PW Administrator—Transportation
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
RapidRide intelligent Transportation System
Agreement with King County
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Issue Paper
Agreement
Resolution
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Jim Seitz, Transportation Planning & Programming
Supervisor (x7245)
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City of Renton and King County Metro have been working for over two years regarding the routing,
layover areas, station location and the Intelligent Transportation System (ITS) needed to implement the
new RapidRide Line F route on September 29, 2013. This agreement is the culmination of the decisions
that have been agreed upon over the development of the route and addresses the roles and
responsibilities of the county and the City in regards to the construction and maintenance of the F Line
RapidRide ITS improvements.
STAFF RECOMMENDATION:
Approve a RapidRide Intelligent Transportation System Agreement with King County and adopt
the resolution
6h. ‐ Transportation Systems Division recommends approval of the
RapidRide Intelligent Transportation System (ITS) Agreement with King
Page 85 of 236
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:September 24, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator (x7311)
STAFF CONTACT:Jim Seitz, Transportation Planning and Programming
Supervisor, (extension 7245)
SUBJECT:RapidRide Intelligent Transportation System Agreement by
and Between King County and the City of Renton
ISSUE:
Should the City Council authorize the Mayor and City Clerk to sign the RapidRide
Intelligent Transportation System Agreement between King County and the City of
Renton?
RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the RapidRide Intelligent Transportation
System Agreement between King County and the City of Renton and present the
Resolution regarding this matter for reading and adoption.
BACKGROUND:
The City of Renton and King County Metro have been working for over two years
regarding the routing, layover areas, station location and the Intelligent Transportation
System (ITS) needed to implement the new RapidRide Line F route on September 29, 2013. This
agreement is the culmination of the decisions that have been agreed upon over the
development of the route and specifically addresses the roles and responsibilities of the county
and the City in regards to the construction and maintenance of the F line RapidRide ITS
improvements.
6h. ‐ Transportation Systems Division recommends approval of the
RapidRide Intelligent Transportation System (ITS) Agreement with King
Page 86 of 236
Rick Zwicker, Council President
Members of the Renton City Council
Page 2 of 2
September 24, 2012
H:\Division.s\TRANSPOR.TAT\Agenda Bills\2012\RapidRide ITS Issue Paper.doc
The Agreement identifies specific details regarding:
A.City-owned fiber optic cable and conduit resources that the City will make
available for county use
B.The county-owned ITS cabinets, fiber optic cable, power and other
communication conductors the City will install for the county’s use
C.The county-owned fiber optic cable, power and other communication conductors
the county will install in City conduits
D.The county-owned fiber optic cable, power and other communication conductors
the county will install in new conduits
E.The fiber optic cable the county will install for the City’s use
F.The signal improvements and CCTV cameras and associated equipment the
county will install for the City’s use
Given the technical nature and complexity of these topics, both Public Works
Transportation Operations and Finance IT staff have been involved in numerous
meetings over the last two years to come to an agreement on the terms of this
agreement.
King County’s project budget is $2,241,795 for these improvements. No additional
expenditures are required by the City of Renton other than a minor amount of electricity
charges associated with operating the equipment housed in the RapidRide ITS cabinets
and city staff time to test and install equipment. The foundations required for the
cabinets along Rainier Avenue have already been incorporated in the Rainier Avenue
Improvements.
The scheduled date to begin construction of the F Line ITS Improvements is
January 17, 2013.
The scheduled date for completion of the F Line ITS Improvements is
September 17, 2013.
The scheduled date for beginning RapidRide service is September 29, 2013.
cc:Iwen Wang, Finance Administrator
Doug Jacobson, Deputy PW Administrator—Transportation
6h. ‐ Transportation Systems Division recommends approval of the
RapidRide Intelligent Transportation System (ITS) Agreement with King
Page 87 of 236
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Page 88 of 236
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Page 106 of 236
6h. ‐ Transportation Systems Division recommends approval of the
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Page 107 of 236
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Federal Aviation Administration Grant 024 for the
Taxiway Bravo Rehabilitation Project Construction
Phase II
Meeting:
Regular Council - 17 Sep 2012
Exhibits:
Issue Paper
Grant 024 Application
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ryan Zulauf, Airport Manager, x7471
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $5,555,555 Transfer Amendment: $
Amount Budgeted: $ $9,700,000 Revenue Generated: $$5,000,000
Total Project Budget: $ $9,700,000 City Share Total Project: $ $555,555
SUMMARY OF ACTION:
The Federal Aviation Administration is offering a grant with a 10% City match for the Phase II
construction of the Taxiway Bravo Rehabilitation Project.
The Taxiway Bravo Construction Phase II is budgeted in 2013 with a project budget of $9,700,000. The
federal grant is in the amount of $5,000,000, and the City’s 10% match is $555,555. An additional
federal grant will be solicited in 2013 that will cover 90% of the remaining unreimbursed cost of the
final phase of the project.
STAFF RECOMMENDATION:
Approve the Federal Aviation Administration Grant 024 of $5,000,000 for the Taxiway Bravo
Rehabilitation Project Construction Phase II and authorize the Mayor and City Clerk to sign the federal
grant application and accept and sign the federal grant offer.
6i. ‐ Transportation Systems Division recommends approval of an
agreement with the Federal Aviation Administration to accept $5 million Page 108 of 236
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:September 17, 2012
TO:Richard Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ryan Zulauf, Airport Manager (ext 7471)
SUBJECT:Federal Aviation Administration Grant 024 for the Taxiway
Bravo Rehabilitation Project Construction Phase II
ISSUE:
Should the Council approve the Federal Aviation Administration (FAA) grant of $5 million
for the Taxiway Bravo Rehabilitation Project Construction Phase II?
RECOMMENDATION:
Approve the Federal Aviation Administration Grant 024 of $5 million for the Taxiway
Bravo Rehabilitation Project Construction Phase II and authorize the Mayor and City
Clerk to sign the federal grant application and accept and sign the federal grant offer.
BACKGROUND:
Taxiway Bravo is a long parallel taxiway on the east side of the Airport. In 2010, the City
contracted with Reid Middleton, Inc. to complete the design and engineering for a
complete rehabilitation of this taxiway to include new utilities, new signage, and new
pavement.
Because the project is so large, federal funding to complete the design and construction
has been broken up into two fiscal years. Currently, Reid Middleton, Inc. has completed
all of the design work for the north portion of the taxiway (Phase I). The City opened
bids earlier this summer for this project and a recommendation to award the contract to
ICON Materials has been prepared. A 90% FAA grant has been obtained for this work
and was accepted by the City Council on August 13, 2012. The bid award will be before
the Transportation Committee on September 13, 2012, and to full Council on September
17, 2012.
The south portion of the project is currently under development (Phase II). The south
half project is scheduled to go to bid in February 2013 and awarded in March 2013.
6i. ‐ Transportation Systems Division recommends approval of an
agreement with the Federal Aviation Administration to accept $5 million Page 109 of 236
Richard Zwicker, Council President
Members of the Renton City Council
Page 2 of 2
September 17, 2012
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\2012 Agenda Bills\Agenda bill - Taxiway
Bravo Construction Grant\issuepaper - twy bravo const grant 24 (edits).doc
Construction of the south half is scheduled to start on July 10, 2013. The FAA grant for
this portion of the work typically would have been applied for after the bid opening and
accepted prior to bid award.
During a recent meeting with the Federal Aviation Administration, the FAA offered
Renton a construction grant of $5 million for this Phase II work now. This money is
available at the end of the federal government’s fiscal year from other projects that did
not materialize in the area.
The Taxiway Bravo Construction Phase II is a 2013 project and has a project budget of
$9.7 million.
Typically, this grant money would not be awarded until right around construction time.
While meeting with the FAA, they made it known that there is a possibility that other
construction grant money may not be available until August 2013 and if we want to start
construction in July, we should apply for this grant money now.
FAA grants are reimbursed at 90%. For a grant of $5 million, the Airport would need to
come up with a $555,555 match for a total amount of $5,555,555.
To cover the remaining construction costs, the Airport will apply for an additional
construction grant in spring 2013. If necessary the project will be done in three phases
to use 90% grant money for all work.
cc:Doug Jacobson, Deputy PW Administrator – Transportation
Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr, Airport Secretary
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6i. ‐ Transportation Systems Division recommends approval of an
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8a. ‐ Interlocal agreement with various agencies regarding appealing the
NPDES II Permit (See 6.c.)
Page 152 of 236
8a. ‐ Interlocal agreement with various agencies regarding appealing the
NPDES II Permit (See 6.c.)
Page 153 of 236
8b. ‐ Interlocal agreement with various agencies regarding the F Line
RapidRide fiber optic cables project (See 6.g.)
Page 154 of 236
8b. ‐ Interlocal agreement with various agencies regarding the F Line
RapidRide fiber optic cables project (See 6.g.)
Page 155 of 236
8b. ‐ Interlocal agreement with various agencies regarding the F Line
RapidRide fiber optic cables project (See 6.g.)
Page 156 of 236
8c. ‐ Interlocal agreement with King County regarding the F Line
RapidRide Intelligent Transportation System (ITS) project (See 6.h.)
Page 157 of 236
8c. ‐ Interlocal agreement with King County regarding the F Line
RapidRide Intelligent Transportation System (ITS) project (See 6.h.)
Page 158 of 236
8d. ‐ Six‐Year Transportation Improvement Program (TIP) 2013‐2018 (See
7.b.)Page 159 of 236
8d. ‐ Six‐Year Transportation Improvement Program (TIP) 2013‐2018 (See
7.b.)Page 160 of 236
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7.b.)Page 161 of 236
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