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HomeMy WebLinkAboutCouncil 03/19/2007 immommow AGENDA RENTON CITY COUNCIL REGULAR MEETING March 19, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: a. Municipal Court 2006 Annual Report b. Heart Month Report c. Fire Department Promotion Recognition 4. PUBLIC HEARING: 2008-2013 King County Medic One/Emergency Medical Services Levy 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and addres's for the record, SPELLING YOUR LAST NAME. +"'' 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 3/12/2007. Council concur. b. Community Services Department submits CAG-06-047, Carco Theatre Roof Replacement; and requests approval of the project, commencement of 60-day lien period, and release of retained amount of$4,661.45 to Wright Roofing, Inc., contractor, if all required releases are obtained. Council concur. c. Economic Development,Neighborhoods and Strategic Planning Department reports submission of grant applications for the 2007 Neighborhood Grant Program and recommends the following: funding eight projects and two newsletters totaling $75,231, conducting a second round of funding with a deadline of September 2007, and authorizing an additional $33,000 from the CIP (Fund 316) fund balance for a total 2007 budget of$83,000. Refer to Community Services Committee. d. Finance and Information Services Department recommends creating new Fund 135, Springbrook Wetlands Bank, and changing Fund 131, Park Memorial, to an internal fund. Refer to Finance Committee. e. Fire Department recommends approval of a lease with King County in the amount of$820 per month plus escalation clause, to continue to lease space at Fire Station#14 to house a paramedic unit. Council concur. (See 10.b. for resolution.) f. Hearing Examiner recommends approval, with conditions, of the Langley Meadows Preliminary Plat(PP-06-087); 70 single-family lots on 11.16 acres located east of Hoquiam Ave. NE and north of NE 6th St. Council concur. g. Hearing Examiner recommends approval, with conditions, of the Honeybrook Circle Preliminary Plat(PP-06-143); 14 single-family lots and one drainage tract on 2.5 acres,located at 4900 NE 6th St. Council concur. (CONTINUED ON REVERSE SIDE) h. Transportation Systems Division submits CAG-06-092, 2006 Street Overlay with Curb Ramps; and requests approval of the project, authorization for final pay estimate in the amount of $4,181.52, commencement of 60-day lien period, and release of retained amount of$50,677.26 to Western Asphalt, Inc., contractor, if all required releases are obtained. Council concur. i. Utility Systems Division requests approval of an agreement in the amount of$109,071.53 with Golder Associates, Inc. to implement the 2007 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction project. Council concur. j. Utility Systems Division recommends approval of an agreement with a coalition of government entities to fund the legal services associated with appealing the Phase II Municipal Stormwater Permit. City share is $8,333.33. Council concur. (See 10.c. for resolution.) 8. CORRESPONDENCE 9. 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. Community Services Committee: Appointment of Peter Hartley to Library Board 10. RESOLUTIONS AND ORDINANCES Resolutions: a. 2008-2013 King County Medic One/Emergency Medical Services Levy(see 4.) b. Lease with King County to house paramedic unit at Fire Station#14 (see 7.e.) c. Interlocal agreement re: Phase II Municipal Stormwater Permit appeal (see 7.j.) Ordinances for second and final reading: a. 2006 amendments td zoning classifications of properties (1st reading 3/12/2007) b. 2007 Budget amendments (1st reading 3/12/2007) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5:30 p.m. Emerging Issues in Community Services Council Chambers Approximately 6 p.m. Cable TV Franchise Rates Settlement Briefing; Utility Rates Introduction • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM CITY COUNCIL March 19, 2007 City Clerk Division Referrals COMMUNITY SERVICES COMMITTEE 2007 Neighborhood Grant Program funding recommendations and fund transfer FINANCE COMMITTEE Springbrook Wetlands Bank Fund creation and Park Memorial Fund change MAYOR & CITY CLERK Lease with King County to house paramedic unit at Fire Station #14 Interlocal agreement re: Phase II Municipal Stormwater Permit appeal PUBLIC HEARINGS 3/26/2007 - Basic programming service rate related to the City's cable franchise 3/26/2007 - Maximum permitted equipment and installation rates related to the City's cable franchise RENTON CITY COUNCIL Regular Meeting March 19,2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; DAN CLAWSON; DENIS LAW; TERRI COUNCILMEMBERS BRIERE; MARCI PALMER; DON PERSSON; RANDY CORMAN. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; ALEX PIETSCH, Economic Development Administrator; JUDGE TERRY JURADO, Municipal Court; JOE MCGUIRE, Municipal Court Services Director; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; CHIEF I. DAVID DANIELS, DEPUTY CHIEF CHUCK DUFFY and DEPUTY CHIEF/FIRE MARSHAL LARRY RUDE, Fire Department; CHIEF KEVIN MILOSEVICH and COMMANDER FLOYD ELDRIDGE, Police Department. SPECIAL Municipal Court Judge Jurado and Municipal Court Services Director McGuire PRESENTATIONS presented the 2006 annual report of the Renton Municipal Court. Judge Jurado Municipal Court: 2006 Annual reported that the court strives to provide equal, fair, and speedy justice to all that Report come before it in an efficient and effective manner. Mr. McGuire reviewed the changes in the court, including: • Implementation of court security, which requires court users to pass through a metal detector and have bags examined for weapons and prohibited items; and • Improvements to the jury management system, which enables more people to commit to jury service as a significantly smaller commitment is needed from each potential juror. Looking ahead, Mr. McGuire stated that the court anticipates the implementation of a traffic safety camera program, whereby cameras will monitor selected intersections to record video of vehicles running red lights. He explained that tickets will be issued to registered owners of the vehicles and be processed like parking infractions. Judge Jurado indicated that the impact of the traffic safety camera program on the court is unclear at this time; however, he noted that the program could increase the number of hours the court spends on traffic infractions. Concluding, Mr. McGuire reviewed the 2006 expenditures, revenues, and case load of the court, noting that expenditures were 5.2 percent under budget. Fire: Renton Heart Month Fire Chief Daniels reported on the activities that occurred during the February Campaign 2007 Renton Heart Month campaign, the goals for which included: kicking off Renton's participation in the SPHER(Supporting Public Health with Emergency Responders)project; increasing awareness of the importance of heart health as an overall community risk reduction strategy; and increasing the Fire Department's interaction with the community. Chief Daniels stated that 1,759 citizens were screened for high blood pressure and diabetes, some of whom were discovered to be at risk and may not have Renton CityCouncil Minutes Page 97 March 19, 2007 known about their conditions without this campaign. Additionally, 114 citizens registered at the Community Center to participate in heart healthy activities. He indicated that normally, the Fire Department provides CPR and automatic external defibrillator training for approximately 200 citizens annually,but during the month of February alone, 200 citizens were trained. Chief Daniels reported that the Fire Department conducted the campaign at 108 locations across the City, which included conducting a special training course for the Renton School District and conducting screenings at various businesses. He pointed out that the Community Services, Finance and Information Systems, and Administrative, Judicial and Legal Services Departments were also involved with the campaign. In conclusion, Chief Daniels stated that the Renton Heart Month campaign was a success. Fire: Employee Recognition Fire Chief Daniels announced that the following Fire Department employees and Promotion were each selected as Member of the Quarter in 2006: Firefighter Christian Moore, Firefighter Brett Bigger, and Firefighter Doug McDonald. Additionally, Firefighter Tom Curtis, Plans Reviewer/Inspector Corey Thomas, and Lieutenant Brian McGee were each selected as Member of the Year in 2006. . Finally, Chief Daniels announced that Camille Walls was promoted to Lead Fire Inspector. PUBLIC HEARING This being the date set and proper notices having been posted and published in Fire: King County Medic accordance with local and State laws, Mayor Keolker opened the public hearing One/Emergency Medical to consider supporting the King County Medic One/Emergency Medical Services Levy, 2008-2013 Services levy for 2008-2013. The existing levy expires at the end of 2007, and King County is seeking voter authorization to renew the six-year levy in the November 2007 General Election. The proposed levy will raise the rate from $.25 to $.30 per thousand dollars of assessed valuation. Public comment was invited. Craig Soucy, Renton Firefighters Local 864 President, 6716 14th Ave. NW, Seattle, 98117, speaking on behalf of the Renton Firefighters Local 864, encouraged Council's support of the levy. He noted that the levy ties into Renton's provision of emergency medical services. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 99 for resolution.) ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * The Seattle Sonics and Storm are making their commitment to the Renton community known. On March 16,NBA All-Star Ray Allen teamed up with vitaminwater and QFC to present a $40,000 donation to Boys & Girls Club of King County, $10,000 of which went to the Renton Skyway Boys& Girls Club. On March 22, Sonics forward Rashard Lewis will make an appearance at the Highlands Community Center to host a "NeighborHoops" basketball clinic. * The Flashlight Egg Hunt occurs on March 30 at Liberty Park, and the 1 lth Annual Hip Hoppin' Egg Hunt&Carnival occurs on March 31 at the Renton Community Center. March 19,2007 Renton City Council Minutes Page 98 AUDIENCE COMMENT Adrienne Anderson Smith, 11621 SE 90th St., Newcastle, 98056, expressed Citizen Comment: Smith - concern for the safety of pedestrians when using the crosswalk near Hazen High Pedestrian Safety, Duvall Ave School on Duvall Ave. NE, where NE 12th St. and SE 1 12th St. meet. Pointing NE/NE 12th St Crosswalk out that the crosswalk needs to be better marked, she suggested the installation of walk lights similar to the ones used at the Renton Transit Center. Mayor Keolker asked Planning/Building/Public Works Administrator Zimmerman to review the situation. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmembers, items 7.a. and 7.j. were removed for separate consideration. CAG: 06-047, Carco Theatre Community Services Department submitted CAG-06-047, Carco Theatre Roof Roof Replacement, Wright Replacement; and requested approval of the project, commencement of 60-day Roofing lien period, and release of retained amount of$4,661.45 to Wright Roofing, Inc., contractor, if all required releases are obtained. Council concur. EDNSP: 2007 Neighborhood Economic Development,Neighborhoods and Strategic Planning Department Program Grants, Budget reported submission of grant applications for the 2007 Neighborhood Grant Amend Program and recommended the following: funding eight projects and two newsletters totaling $75,231, conducting a second round of funding with a deadline of September 2007, and authorizing an additional $33,000 from the CIP (Fund 316) fund balance for a total 2007 budget of$83,000. Refer to Community Services Committee. Finance: Springbrook Finance and Information Services Department recommended creating new Fund Wetlands Bank Fund Creation, 135, Springbrook Wetlands Bank, and changing Fund 131, Park Memorial, to Park Memorial Fund Change an internal fund. Refer to Finance Committee. Fire: Station#14, King County Fire Department recommended approval of a lease with King County in the Emergency Medical Services amount of$820 per month plus escalation clause, to continue to lease space at Lease Fire Station#14 to house a paramedic unit. Council concur. (See page 99 for resolution.) Plat: Langley Meadows, Hearing Examiner recommended approval, with conditions, of the Langley Hoquiam Ave NE, PP-06-087 Meadows Preliminary Plat; 70 single-family lots on 11.16 acres located east of Hoquiam Ave. NE and north of NE 6th St. Council concur. Plat: Honeybrook Circle,NE Hearing Examiner recommended approval, with conditions, of the Honeybrook 6th St, PP-06-143 Circle Preliminary Plat; 14 single-family lots and one drainage tract on 2.5 acres located at 4900 NE 6th St. Council concur. CAG: 06-092, 2006 Street Transportation Systems Division submitted CAG-06-092, 2006 Street Overlay Overlay with Curb Ramps, with Curb Ramps; and requested approval of the project, authorization for final Western Asphalt pay estimate in the amount of$4,181.52,commencement of 60-day lien period, and release of retained amount of$50,677.26 to Western Asphalt, Inc., contractor, if all required releases are obtained. Council concur. Public Works: Cedar River Utility Systems Division requested approval of an agreement in the amount of Section 205 Flood Damage $109,071.53 with Golder Associates, Inc. to implement the 2007 Monitoring Reduction 2007 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction project. Plan, Golder Associates Council concur. MOVED BY NELSON, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEMS 7.a. AND 7.j. FOR SEPARATE CONSIDERATION. CARRIED. March 19,2007 Renton City Council Minutes Page 99 , Separate Consideration Councilmember Palmer noted a correction to the Council meeting minutes of Item 7.a. March 12, 2007, as follows: Her comments on page 87, 11th paragraph, 2nd Council Meeting Minutes of sentence; change the statement from "...does not want the arena in Renton" to 3/12/2007 "...does not want the arena on that site." MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE MINUTES OF 3/12/2007 AS CORRECTED. CARRIED. Separate Consideration Utility Systems Division recommended approval of an agreement with a Item 7.j. coalition of government entities to fund the legal services associated with Utility: Phase II Municipal appealing the Western and Eastern Washington National Pollutant Discharge Stormwater Permit Appeal, Elimination Phase II Municipal Stormwater Permits issued by the Washington Interlocal Agreement State Department of Ecology. City's cost share is S8,333.33. Councilman Clawson requested that Councilmembers be kept apprised of this matter so as to make sure that the policies in this litigation are actually the policies of the Council. Assistant City Attorney Fontes assured that Council will be kept informed of the specifics, noting that the focus is being placed on regulations that go beyond the Council's vision. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE AGENDA ITEM 7.j. AS PRESENTED. CARRIED. (See later this page for resolution.) UNFINISHED BUSINESS Community Services Committee Chair Corman presented a report Community Services recommending concurrence in the staff recommendation to approve the • Committee appointment of Peter Hartley to the Library Board for an unexpired term Appointment: Library Board expiring on 6/1/2010. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3864 A resolution was read supporting the countywide 2008-2013 Medic Fire: King County Medic One/Emergency Medical Services levy. MOVED BY BRIERE, SECONDED One/Emergency Medical BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Services Levy, 2008-2013 Resolution#3865 A resolution was read authorizing the Mayor and City Clerk to renew an Fire: Station#14, King County interlocal cooperative agreement to lease space to King County Medical Emergency Medical Services Services Division. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL Lease ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3866 A resolution was read authorizing the Mayor and City Clerk to sign an Utility: Phase II Municipal interlocal agreement regarding legal services, among the cities of Anacortes, Stormwater Permit Appeal, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley, Burien, Interlocal Agreement Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest, Kennewick, Kent, Longview, Marysville, Mount Vernon,Normandy Park, Orting, Port Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner,University Place, Vancouver, and Kitsap County and any other Phase II permittees that might join this coalition of governmental entities (collectively, "coalition"). MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: March 19,2007 Renton City Council Minutes Page 100 Ordinance#5267 An ordinance was read adopting the 2006 amendments to the zoning Zoning: 2006 Annual Update classifications maps of properties located within the City of Renton. MOVED of Zoning Book& Wall Map BY BRIERE, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5268 An ordinance was read amending the City of Renton Fiscal Year annual 2007 Budget: 2007 Amendments Budget as adopted by Ordinance 5245, in the total amount of$26,405,693. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 7:57 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann March 19, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 19, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 3/26 Emerging Issues in Community Services (Nelson) 5:30 p.m. *Council Conference Room* Approximately Utility Rates (Policy, Principle and 6 p.m. Application) *Council Chambers* COMMUNITY SERVICES (Corman) FINANCE MON., 3/26 Vouchers; (Persson) 4 p.m. Springbrook Wetlands Bank Fund Creation& Fund Changes; Communications (briefing only) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) WED., 3/21 Airport Financial Plan Review (briefing (Palmer) 4 p.m. only); Airport Development Policy Priorities & Examining Alternatives (briefing only); Kenmore Air Proposal (briefing only) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. Page4 Renton Municipal Court (cY �� Renton Municipal Court 2006 Report—Renton Municipal Court + + ha Expenditures �4-4NT(?' The court was able to save $78,602 or 5.2% of its budgeted expenditures in 2006. Under Budget Over Budget Benefits $8,371 Office supplies $3,211 City of Renton 2006'Annual Report Pro Tern Judges 3,556 Minor equipment 6,776 Municipal Building Appeals 4,787 Conflict Public Defender 11,775 1055 South Grady Way Renton Municipal Court is pleased to issue its 2006 Annual Report. Jury Costs 5089 Publications 3,803 Renton WA 98057 This review of 2006 is the eighth year of this publication. The court is Interpreters 20,419 la the third branch of city government serving the citizens of the City of SecurityOfficer 56,223 Phone: 425-430-6550 ■cnminad Renton. The two courtrooms and office of the court clerks is located on ■Miscwan.ou. FAX: 425-430-6544 the third floor of city hall. The court strives to provide equal, fair and Renton Municipal Court 2006 Revenue 0Parki tions Revenues n Parking speedy justice to all that come before it in an efficient and effective Collections of fines, fees and forfeitures during the 596.060 39:1' manner. This report is intended to inform you of the activities and 5$6 An operation of the court in its endeavor to attain that end. calendar year of 2006 was nearly $75,000 ahead of - _ - p 2005. However, the revenue remains below the _ 2000 to 2004 time period. City retained revenue of FROM JUDGE JURADO $923,000 was collected in 2006. Passport These are very exciting times for the Renton Municipal Court. acceptance fees contributed over $55,000. It is anticipated that some of our county neighbors may vote to ;,..f. k _ 5'1• Cad become part of the City of Renton. If so, the number of visitors Case Load traveling to downtown Renton, The Landing and Coulon Park to In 2006 the total number of cases filed in Renton Municipal Court was 11,499. Traffic Infraction shop and play will increase. It will also call for a corresponding filings were down 19.4%. Parking violations filings were down 9.1%. Criminal filings were down increase in the services provided by our court. We are 24.2%. Criminal Traffic filings were up 30.9%. It is anticipated Criminal Traffic filings will continue to dedicated to working with the Mayor, City Council and legal �` 1 increase in 2007 due to DWLS related legislation enacted in mid-2005. community to ensure we maintain the same quality and level of �= I-•,1' �®E The number of filings in January and February of 2007 exceeded any two month period since early service the court is known to provide. wf.,r�,.""'""cro, 2005. 2006 ACCOMPLISHMENTS Municipal Court 2006 Costs vs Budget Court Security iTMrc kMehute In response to requests from court stakeholders and continuing incidents of violence in courts Renton Municipal Cowl 200eCase Fikp. : ,�.,T � $2,000,000 nationwide, the Renton Municipal Court underwent a significant physical change. In 2006, •C�, �«nT.. �, thanks to the Facilities Department, a remodel was done to change the flow of foot traffic on the ''f0� ■Q $1,500,0001 +n third floor. Using attractively stained hardwood and ray � _ - �Costs E $1,000,000 large glass panels, access to the floor from the $500,000 SI Budget elevator lobby was restricted to exiting to the west �� SO , side. If a person is going to the City Scene Cafe or the 4,, rno I employees' lounge there is no change. If they are M CS) o 0 o M v �, 4 _; goingto a courtroom, the court office, probation or rNN o a o g ,5 II N N N O �. electronic home detention, they must pass through a N ' _ metal detector and have bags, briefcases etc. examined for weapons or prohibited items. (Continued on page 2) e Page 2 Renton Municipal Court Pa:- Court Improvement Act Operational Details 91.11 COURT STAFF The court is now prepared to take advantage of the Court Improvement Act. The city has Hours of Operation: The Renton Municipal Court Judicial staff consists of one full time elected met the requirements of the act and is positioned to accept partial re-imbursement for court Monday through Friday judge who is in court on a daily basis and appointed pro tem judges salary expenses. The savings are to be set aside in the court improvement account. It is 8:00 am to 5:00 pm serving approximately one day per week. Judge Terry Jurado, the anticipated the re-imbursement will be over $20,000 in 2007. Presiding Judge for the Renton Municipal Court since January of 1999, Jury trials held was elected to a four-year term in a November 2005 contested race. His December Windstorm Thursday& Friday current term began January 1, 2006. The night of December fourteenth the windstorm that swept Jury hotline number 411. the Northwest also visited Renton City Hall. The word _ �`s (425) 430-6545 The support staff now consists of the Court Services Director, two Lead "RENTON" in the large RENTON CITY HALL sign on the �4 _ .- - Judicial Specialists, a Judicial Specialist-Trainer, seven Judicial east side of the building was blown from its mounts. As itNii. Passport Processing Specialists, a Probation Officer and a Probation Clerk. Joe McGuire, the fell the conduit and wiring attached to it swung it into the - Tuesday—Friday Court Services Director, has filled the position since August of 1998. The side of the building, directly striking the windows next to the ;_ `llit � i 1:00 pm-4:00 pm competent professional staff has an average of over thirteen years court bench in Courtroom Number Two and the jury kitchen area. experience. Five 4'6" X 5'6" windows were smashed in addition to several smaller decorative panels. Large, sword-like shards of glass exploded into the two rooms. We are grateful it 2006 ACCOMPLISHMENTS (continued) happened at night. No one was present when it happened - Court Security and no injuries occurred. '- °�-. ,, (Continued from pare l) The next morning the Facilities Department cordoned off the N .. . During the first six weeks of 2007 over two hundred people per day were screened at the area, cleaned up the mess and boarded up the two windows - - security station. One hundred thirty knives or other potential weapons were barred from the missing both layers of glass. Replacement windows were court area as well as five containers of pepper spray. The security guards also calmed one then ordered. Delivery and installation took place on extremely upset individual prior to his entry into the court area. February 9th. The court continued doing business as usual ,. but acquired an increased respect for the power of Mother .. 4., - As time passes and we gain experience at the security stations upgrades or additions to Nature. #- equipment and procedures may be made. In its first three months of operation the project has proven to be effective and successful. LOOKING AHEAD Jury Management Traffic Safety Cameras One of the most common and significant challenges faced by courts of all levels is the successful In 2007 the court anticipates the Renton Police Department will implement a Traffic Safety Camera pursuit of citizens willing to commit the time to serve as jurors. Service as a juror can be a bit program in the City. Cameras will monitor selected intersections and school zones to record video tedious. Wait times can be long and activities to pass the time are few. The pay of $10 per day of vehicles running red lights or exceeding the speed limit in school zones. Tickets will be issued to plus mileage is set by state statute but fails to adequately compensate citizens for the time and the registered owner of the vehicle and processed like parking infractions. Consequences of not inconvenience of serving as a juror. Despite the drawbacks there are few activities more important responding to the ticket will include having the debt referred to a collection company and recording in our society. The right to be tried by a jury of our peers is an inalienable constitutional right. the ticket with the Washington State Department of Licensing. The registration of the vehicle cannot In the past the court asked our jurors to call the court four or five times in a month and be available be transferred unless the tickets are paid. to serve up to ten potential trial days. Through the acquisition and implementation of a computer The video system will free up police officers to respond to calls for service from citizens rather than program called Jury Master our approach has been revised. We now ask citizens to call the court work traffic infractions. Historically Traffic Safety Cameras have proven very effective in increasing one day in a specific month and be available for just two potential days of jury service. traffic safety at intersections where they are installed. It is anticipated this project will result in a The change has enabled a much larger group of our community to commit to jury service. decrease in side impact collisions at the monitored intersections and decreased speeding in school A significantly smaller commitment is needed from each potential juror. This enables more jurors zones. to serve and puts less stress on employers to allow their absence. Most important is the increased The Court will take this opportunity to leverage current technology to help make Renton a safer and number of those that serve as their neighbors' "peers" on juries, insuring their rights as citizens. more livable community. Proclamation 4 .. E . ��■■�■■■111 Renton "Heart Month" • On January 22,2007,a proclamation by ��■■■■■■111 Mayor Keolker was read declaring the month of February 2007 to be"Renton Heart Month"in the City of Renton and 2007 Campaign encouraging all citizens to participate in this important community risk reduction After Action„Report campaign. • Council concurred with the resolution. "Heart Month” Campaign Goals SPHER Kick Off �•■■■■■■111 ��■■■■■■111 • To kick off the City of Renton's • Renton is one of the first cities to participation in the"SPHER"project. participate in Supporting Public Health with Emergency • To increase awareness of the importance of Responders. ing Count heart health as an overall community risk • By identifying factors that can lead reduction strategy. to chronic health problems,the ItitaincHealth RFD is assisting the County Health • To increase Fire Department interaction Department to improve the health ; � with the community. and wellbeing of its citizens. 611111611 inaill111111111011311111 44" 1 Increased Awareness Increased Awareness • 1759 citizens were screened for 41,,;,,,- • Renton Community Center received high blood pressure and diabetes. registrations from 114 citizens who � , • 309(15.5'0 were found to have (' in'heart high blood pressure which is a risk participated healthy" �,�s� factor for heart disease, activities. : � ,% • 71 (400)with very high blood sugar levels,which is a risk factor for • , • These citizens received a free ( diabetes. , . pedometer and set their own personal ..e.-`, r • Many would not have knowngoal. .,:, about their conditions without this campaign. After achieving their goal they were , given a Renton Heart Month T-shirt. t ; Direct Impact Community Interaction imm■■■■■aiii sasamisammiiiiiimmiiiiiiiiimilii • Normally,the RFD provides CPR � • The Fire Department and Automatic Externalniti{ Defibrillator(AED)training for conducted the 4 ,�ny a h approximately 200 citizens campaign at 108 annually. " locations across the l" • 200 citizens were trained during city and invested 225 a the month of February alone. hours towards the air}" • In two reported cases,the campaign has been instrumental in campaign. c`� saving lives. 2 Community Wide Participation City Wide Involvement 1111111MMII■■■ 111 111111111M•■u■u111 • The Renton School District • A number of other city departments conducted a special 3 were involved in the campaign including: CPR/AED TrainingCourse. " ► • Community Services through the KN community and senior centers. • The business community • finance IS assisting with printing and allowed Firefighters to set up 4 l k�a utility mailing. in their lobbies to conduct "'s"•" "' "fi • AJLS with processing of the �. poclamation,media releases.and Screenings. r ♦ filming of campaign video. Overall ` a Re r�) onthli 121111.1111% �.■•ui.iui 3 Member of;the Quarter Firefighter'Christian Moore • 17 year veteran • Served in the US Marines '` , Eight• yearsa Los c%. r Renton Fire Department Angeles City City Police '-: 1 Officer J • Considered by his peers s 2006 Member Recognition to be one of the best ' g providers of emergency r+ ,,, , d medical aid to our community. • • He and his wife Christy • A, have three children. • `�J Member of the Quarter Member of the Quarter Firefighter Brett Bigger Firefighter Doug McDonald • 9 year veteran WO • 15 year veteran of • Haz-Mat Team member KCFD25 and the City of Fir since 2000 // t ., Renton Fire Department • Haz-Mat First Responder "'-' 4 i • EMS Defibrillation trainer r Certification Instructor 5pt.• y' 4" • Contributing author of the • Active member of our 4 City Emergency Dive,Rope,and HazMat Management Plan. + • Helped secure over teams $800,000 in grants. • Vice President of IAFF • • Married with two . Local 864 daughters ,• A.. 4 • Married with two children • + O 1 Member of the Year Member,of the:Year Firefighter Tom Curtis Corey Thomas • 17 year veteran } • With the department • SCBA Team Leader- since April of 1991. jr44 Managing repair, , Nominated for hisn. '- certifications,fit testing and rebuilds of SCBA - , professional and packs for the department - `-` exceptional work in the .areas of plans review, t 1 • Upgraded all the SCBA construction permits and T packs to CBRN levels. inspection. ,` • He developed training for the new SCBA use and el • Compliments from ' developed and presented contractors and architects "Air Management" • • Married with three pSR training. • children ��' • Married with a son • • r1, gig lea 0 0 0 Member of the Year Promoted to Lead Fire Inspector _ Lieutenant Brian McGee - Camille Walls • Responsible for the • 28 year department operation of the regional, veteran ;7'recognized Zone 3 auto- _ • In July of 1981,she was extrication academy. promoted to Fire• Spearheaded the effort to • ' Inspector,the first female71-1 bring more technical EMS to be promoted to this At:". :) 9 type of position in the skills to our EMTs • • RFD. g • Coordinated the ( • An instructor for the King acquisition of new �, 0 ' Co.Officer Academy, devices for checking Green River Comm.Coll. blood sugar,electronic and the International thermometers and state • • Code Council of the art defibrillators. • Placed#1 on the Civil gar ` ��rr ® ervice list. 2 C.( Iirow 4% el) • NT City of Renton PUBLIC HEARING INFORMATION HANDOUT Medic One / Emergency Medical Services Levy March 19, 2007, City Council Chambers For more information, please contact: Chuck Duffy, Deputy Fire Chief City of Renton Fire Department (425) 430-7061 ISSUE: The King County Medic One/Emergency Medical Services program provides critical basic and advanced emergency medical care throughout King County. These services are funded through a six-year levy, which expires at the end of 2007. Without the levy funding, the City will have to develop significant new revenue sources to provide the same services. BACKGROUND The existing six-year Medic One/Emergency Medical Services Levy expires at the end of 2007. A replacement levy has been proposed by the King County Council that will be presented to the voters in the November 2007 General Election. This levy will run from 2008 to 2013 and increase the rate from $.25 to $.30 per$1,000 of assessed valuation. All cities in King County with populations greater than 50,000 must approve the replacement levy before it can be place on the ballot. The additional $.05 will be used to increase funding for the delivery of basic life support services, meet the anticipated growth in demand, and improve budget stability. Specifically, the levy will provide a 58% boost in financial support to the City of Renton Fire Department for basic life support delivery. It will also add three new paramedic units, create a contingency reserve fund and ensure that the operating budget is sufficiently funded to meet the projected inflation increase. This issue was briefed at the Committee of the Whole on February 5, 2007. RECOMMENDATION Staff recommends the adoption of the proposed resolution supporting the proposed King County Medic One/Emergency Medical Services Levy. ter' wn`` ti`cY O ADMINISTRATIVE, JUDICIAL, AND (=0=, LEGAL SERVICES DEPARTMENT - Nrc0 MEMORANDUM DATE: March 19, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • The Seattle Sonics and Storm are making their commitment to the Renton community known. The Mayor, Council President Nelson, and Councilmember Palmer were on hand Friday, March 16th, as NBA All-Star Ray Allen teamed up with vitaminwater and QFC to present a $40,000 donation to Boys & Girls Club of King County, $10,000 of which went to the Renton Skyway Boys & Girls Club. This Thursday, Sonics forward Rashard Lewis will make an appearance at the Highlands Community Center from 4:00 to 6:00 p.m. to host a "NeighborHoops" basketball clinic. COMMUNITY SERVICES DEPARTMENT • Celebrate the coming of spring at the Flashlight Egg Hunt on March 30th at 8:00 p.m. at Liberty Park. Two separate events, one for children ages 7 to 10 and one for youth ages 11 to 15, will take place in the large field, which will be stocked with loads of candy and prizes. All you need is a flashlight and a sack to carry home all your goodies. After the Egg Hunt, youth ages 11 to 15 are invited to the Renton Community Center for the Spring Dance from 9:00 p.m. to midnight. The Egg Hunts are free but admission to the dance is $5 and Renton School District I.D. is required. Call 425-430-6700 or visit rentonwa.gov for more information. • Saturday, March 31st marks the 11th Annual Hip Hoppin' Egg Hunt & Carnival for children ages 6 and under(with parent/guardian) from 10:00 a.m. to 12:30 p.m. at the Renton Community Center. The Egg Hunt will begin promptly at 10:00 a.m., with a spring carnival complete with crafts, games, and inflatables immediately following. Admission to the Egg Hunt is free. A Carnival pass may be purchased at the door for $6. Photos with a Spring Bunny and concessions are available for a nominal fee. Call 425-430-6700 or visit rentonwa.gov for more information. CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: March 19, 2007 Dept/Div/Board.. Community Services/Facilities Staff Contact Greg Stroh(x6614) Agenda Status Consent X Subject: Public Hearing.. Final Pay Estimate Correspondence.. Roof Replacement for the Renton Carco Theatre Ordinance Wright Roofing, Inc. Resolution File No. CAG-06-047 Old Business Exhibits: New Business Final Pay Estimate Study Sessions Notice of Completion of Public Works Contract Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $ 4,661.45 Transfer/Amendment Amount Budgeted $ 105,000.00 Revenue Generated 144111101 Total Project Budget $ 101,433.15 City Share Total Project.. SUMMARY OF ACTION: The Community Services Department submits CAG-06-047, Roof Replacement for the Renton Carco Theatre, for release of retainage. The project started on August 14, 2006 and was completed on October 13, 2006. The contractor, Wright Roofing, Inc., fulfilled the terms of their contract by completing roof replacement on the Renton Carco Theatre. STAFF RECOMMENDATION: Staff recommends approval of the project, authorization for commencement of the 60-day lien period, and release of the retainage bond in the amount of$4,661.45 to Wright Roofing, Inc., contractor, once all required releases are obtained. W RIG H T Invoice # RETENTION ROOFING INC Date October 13, 2006 °err° •• W R-IG-H R-I-174-QZ P.O.Box 9339,Tacoma,WA 98409 1-800-533-0310•(253)472-3321• Fax:(253)474-5423 CUSTOMER: CITY OF RENTON PROGRESSIVE BILLING NO RETENTION 1055 SOUTH GRADY WAY PURCHASE ORDER NO CAG-06-047 RENTON, WA 98055 CONTRACT NO JOB NAME & NO RENTON CARCO THEATRE ORIGINAL CONTRACT AMOUNT $ 91,344.00 • TOTAL ADDITIONS $ 1,885.00 Nitior TOTAL DEDUCTIONS $ 0.00 CONTRACT TO DATE $ 93,229.00 SALES TAX 8,204.15 100 % OF CONTRACT COMPLETE $ 101,433.15 PREVIOUSLY BILLED $ 96,771.70 THIS BILLING $ 4,661.45 PLUS WASHINGTON STATE SALES TAX 0 % (if applicable) $ 0.00 LESS 0 % RETENTION $ 0.00 DUE THIS BILLING $ 4,661.45 Nome THIS BILLING IS PROJECTED ON WORK THROUGH THE END OF THE MONTH State of Washington Reg.No.: 4.4$sTereo� Department of Revenue Audit Procedures&Administration Date: oy°� PO Box 47474 is es Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Roof Replacement for Renton Carco Theatre Contractor's Name Wright Roofing Inc. Telephone No.253 472 3321 Contractor's Address 6035 S.Adams,Tacoma,WA 98409 Date Work Commenced Date Work Completed Date Work Accepted 8/14/2006 10/13/2006 10/13/2006 Surety or Bonding Co. Travelers Casualty and Surety Company of America Agent's Address P.O.Box 2940,Tacoma,WA 98401-2940 Contract Amount: $ 91,344.00 Amount Disbursed: $96,771.70 Additions or Reductions: $ 1,885.00 Amount Retained: $ 4,661.45 Sales Tax: $ 8,204.15 Total: $ 101,433.15 Total 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 receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) DC:CTY31 0020 11/99 bh CITY OF RENTON COUNCIL AGENDA BILL AI#: kits Submitting Data: For Agenda of: 3/19/07 Dept/Div/Board.. EDNSP Staff Contact Norma McQuiller x6595 Agenda Status Consent X Subject: Public Hearing.. First Round of 2007 Neighborhood Grants Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper with project descriptions Study Sessions Draft Ordinance Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept ... X Finance Dept .. X Other Fiscal Impact: Expenditure Required... $75,231 Transfer/Amendment $33,000 Amount Budgeted $50,000 Revenue Generated kiwi Total Project Budget $83,000 City Share Total Project SUMMARY OF ACTION: Eight project applications and two newsletter applications were submitted for the first round of Neighborhood Program funding. Staff evaluated each request against established criteria. Eight project grants and three newsletter grants are recommended for funding. In order to fully fund the ten grant applications, staff requests Council authorize an additional $33,000 added from the Capital Improvement Program (Fund 316) fund balance. STAFF RECOMMENDATION: • Approve eight 2007 Neighborhood Grant project applications and two newsletter applications, totaling $75,231. • Conduct a second 2007 Neighborhood Grant application round of funding, using the fund balance, with a deadline of September 2007. • Authorize an additional $33,000 added from the Capital Improvement Program(Fund 316) fund balance, and adopt the ordinance. Rentonnet/agnbill/ bh <0- ECONOMIC DEVELOPMENT, C.) �� NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: March 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor..#jg..) A /61C—I FROM: Alex Pietsch, Administrator STAFF CONTACT: Norma McQuiller, Neighborhood Program Coordinator(x 6595) SUBJECT: 2007 First Round Neighborhood Grant Applications ISSUE: Should the City Council award neighborhood grants to the 10 submitted projects and allocate an additional $33,000 to the neighborhood grant budget? RECOMMENDATION: rrr' Staff recommends that City Council approve the eight project and two newsletter applications totaling $75,231. In order to fully fund the 10 grant applications, as well as allow some funds to remain available for a second round of grants to be administrated this fall, staff requests Council allocate an additional $33,000 from the 2006 Capital Improvement Project fund balance. BACKGROUND SUMMARY: The City Council appropriated $50,000 in the 2007 Capital Improvement Program Budget for the Neighborhood Grant Program. The six grant applications received in this round total $75,231 and are shown in the attached table. In 2006, the expenditure to the Grant Program was a total of$17,254, which left a remaining balance of$33,000. Staff requests that Council authorize the remaining balance of$33,000 to be carried over to the 2007 budget, which would then total $83,000. Staff requests that Council also authorize a second round of funding, ending in September 2007, with the remaining balance of$7,769. The following criteria were used to evaluate projects to determine if the objectives of the Neighborhood Program are met: o Project size, location, and complexity are appropriate for the neighborhood group, with a realistic budget. 1 o Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project and includes maintenance after project completion. vied o Physical improvements are visible and benefit a larger area of a community. o Neighborhood Program objectives including neighborhood networking, stimulating self-help, and neighborhood organization are met. o Sufficient matching funds exist through sweat equity, cash, or donated labor/materials. Of the 10 grant applications, the Grant Review Team recommended all 10 be funded based on the above criteria. Neighborhood Requested Recommended Amount Amount Project Grants Heritage Garden Estates Homeowners Association $8,450 $8,450 Kennydale Neighborhood Association $1,072 $1,072 Liberty Ridge Homeowners Association $22,281 $22,281 North Renton Neighborhood Association $6,890 $6,890 Renton Hill Neighborhood Association $2,750 $2,750 Sir Cedric Condominium Association $3,507 $3,507 South Renton Neighborhood Association $2,381 , $2,381 Summerwind Homeowners Association $25,000 $25,000 Newsletter Grants Highlands Community Association $2,000 $2,000 North Renton Neighborhood Association $900 $900 Totals $75,231 $75,231 Note: The above amounts are rounded to the nearest dollar CONCLUSION: The Neighborhood Grant Program continues to provide neighborhood associations with opportunities to improve their community and get to know their neighbors better. To date,the program has benefited 31 neighborhoods through grants for 63 projects and 24 newsletters. By awarding these grants and allocating $33,000 in unspent funds from 2006, 10 new projects will be able to be completed benefiting these neighborhoods and the City as a whole. cc: Jay Covington,Chief Administrative Officer Suzanne Dale Estey,EDNSP Director Norma McQuiller,Neighborhood Program Coordinator Michael Bailey,FIS Administrator 2 Neighborhood Grant Total Project Meets objectives of Request Project Neighborhood Program Cost Heritage Garden $8,450 $16,900 Detention Pond Landscaping Yes Estates includes Continue to enhance retention pond. Landscape SW corner of Staff will remind volunteers to Homeowners sweat entrance into neighborhood at SE 8th P1, 7th Ct and Beacon Way. "call before you dig." Staff also Association equity Continuation of fence to parallel SE 8th P1 and Beacon Way from suggests getting a letter of non- existing fence to neighborhood entry. objection from pipeline owner regarding fence. Kennydale $1,072 $2,144 Kennydale Message Center (Kiosk) Yes Neighborhood includes Placement of a weatherproof kiosk near the intersection of N 30th Location must be approved by Association sweat St and Park Ave N. Landscape with a suitable shrub or small tree Transportation. Staff will equity planted on the east and west side of kiosk. The kiosk would recommend that the kiosk be measure 50-1/2" W x 35" H x 12"D. located on Park Ave N for safety issues. Liberty Ridge $22,281 $44,562 NE 3rd St Corridor Screening and Aesthetic Improvements Yes Homeowners includes Project is located NE 3rd St and consists of removing scotch Staff will remind volunteers to Association sweat broom and other noxious weeds. Add topsoil for plantings and "call before you dig" and final equity build berm plant bed. Plant approximately 36 (6'-8' cedars, pines approval of plant list will be and maples) and 97 drought resistant hardy shrubs (burning bush, required. coteneaster, wax myrtle and pampas grass). Install irrigation system and add gravel or other stone for meandering border areas. _ North Renton $6,890 $13,780 North Renton East Gateway Sign Project Yes Neighborhood NE 3" St Corridor Screening and Aesthetic Improvements Staff will remind volunteers to Association Project is located NE 3r1 St and consists of removing scotch "call before you dig," check line of broom and other noxious weeds. Add topsoil for plantings and site visibility and plantings should build berm plant bed. Plant approximately 36 (6'-8' cedars, pines be kept low. and maples) and 97 drought resistant hardy shrubs (burning bush, coteneaster,wax myrtle and pampas grass). Install irrigation system and add gravel or other stone for meandering border areas.Landscaping will include planting of yellow tulip bulbs to tie in the planting of yellow tulips previously planted along N 3rd St. Install a white picket fence behind the sign to tie into the design of the house-shaped designed sign. 3 • Renton Hill $2,750 $5,500 Neighborhood Adopt-a-Park Yes Neighborhood The residents of Renton Hill will dig the holes and plant ten trees The residents of Renton Hill have Association at Philip Arnold Park. Volunteers will receive an orientation, chosen to adopt the Philip Arnold safety training, and tree planting training. They will finish with Park as their neighborhood park. watering of the trees and spread bark. Tree planting site locations The project will be in partnership to be determined by the Parks Department. with the Parks Department. Sir Cedric $3,507 $7,014 Landscape Improvements Yes Condominium Enhance landscaping along Lynnwood Ave NE and Monroe Ave "Call before you dig" and check Association NE with drought resistant plants (lace leaf maple, blue oat grass, with the Transportation and euonymus). Also added will be two man rocks and fine bark. Department for site visibility issues. South Renton $2,381 $4,762 Downtown Planting and Clean Up Yes Neighborhood The project will consist of the South Renton Neighborhood This project will bring residents, Association & Association; working in partnership with the Downtown businesses, and property owners Downtown Businesses, to do a Spring clean up and plant assorted plants in together to clean and beautify Businesses containers in the Main Street Square. Downtown Renton. Summerwind $25,000 $50,000 Play Area/Sports Park Yes Homeowners The project includes the construction of a 50' x 70' sports court, Playground and installation must Association small play area, and park benches. Construction consists of a 5' meet National Playground Safety W asphalt path with block wall. Both the sports court and the Institute (NPSI) standards. play area will be professionally installed and maintained by the HOA. Highlands $2,000 N/A Newsletter Yes Community Annual printing expenses for a newsletter printed quarterly and Association distributed door-to-door and mailed. North Renton $900 N/A Newsletter Yes Neighborhood Annual costs for a newsletter printed quarterly and distributed The City would provide no Association door-to-door and electronically. additional printing for the newsletter. Total $75,231 $72,331 • 4 Amends ORD CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2007 BUDGET BY INCREASING THE FUNDING IN THE NEIGHBORHOOD GRANT PROGRAM BY AN ADDITIONAL $33,000 FROM THE CAPITAL PROJECT FUND FUND BALANCE, RAISING THE INITIAL $50,000 ALLOCATION TO $83,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the Capital Project Fund is hereby increased as follows: Fund 2007 Budget 2007 Original Increase Adjusted Budget Budget 316.000000.023.5590.0090.41.023003 $50,000 $33,000 $83,000 Source of funds: Prior Year Fund Balance SECTION II. Funds for this line item is hereby added to the 2007 budget. SECTION III. This ordinance shall be effective upon its passage, approval, and 5 days after publication. PASSED BY THE CITY COUNCIL, this day of , 2007. Bonnie Walton, City Clerk fire CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department March 19, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. New Fund Creation and Fund Change Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Redline of Changes to Financial Management Policies Information Ordinance Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: . Expenditure Required... Transfer/Amendment 111100, Amount Budgeted Revenue Generated • Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Staff proposes amending the Financial Management Policies to provide for a new Fund 135 for the Springbrook Wetlands Bank and to change the Parks Memorial Fund (131) to an internal fund. STAFF RECOMMENDATION: Approve amendments to the Financial Management Policies and adopt the ordinance. • Nise H:\FINANCE\ADMINSUP\O1_AgendaBills\2007_New Fund and Fund Change.doc k(0- O FINANCE AND INFORMATION SERVICES ... ;/ ® , DEPARTMENT NaL T�� MEMORANDUM DATE: March 7, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: , Kathy Keolker, Mayor FROM: Mike Bailey, Administrator SUBJECT: New Fund Creation and Fund Change ISSUE: Should the City's Financial Management Policies be amended to provide a new fund related to the Springbrook Wetlands Bank and to change the Parks Memorial Fund to an internal fund? DISCUSSION: The Council adopted the current fund structure for the City when changes were made to its '`r""" Financial Management Policies last summer. At that time we streamlined the fund structure and introduced the concept of"internal" and "external" funds. The proposed ordinance makes two changes. The first change creates a new Fund 135, the Springbrook Wetlands Bank Fund. The primary purpose of this fund is to receive revenue from the purchase of wetlands credits such as a City transportation project or private developments that need to buy wetlands credits. No expenditure authority is needed at this time as there will be only revenue. The purpose of the Springbrook Wetlands Bank Fund is to facilitate tracking revenue from the purchase of wetland credits over time. Such a purchase from an internal transportation project will occur soon on the Strander project. When this happens we would be reimbursed from grants that we have for the project. The expenditure to purchase the credits is in the 2007 budget. The grant monies would reimburse in Fund 317 once the purchase is complete. The second fund change is to the Parks Memorial Fund. For reporting purposes, we propose changing it to an internal fund. This fund has traditionally been reported as an internal fund. The Financial Management Policies shows this fund as an "external fund." This makes it the smallest fund reported externally (by a significant margin). Changing the Parks Memorial 'titrr h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_fund creation(wetlands,etc).doc Toni Nelson,Council President Members of the Renton City Council Re: New Fund Creation and Fund Change March 7,2007 Page 2 of 2 Fund to an internal fund will not detract from our ability to track and isolate fund activity in the future. MEB/dlf cc: Jay Covington,CAO Marty Wine,Assistant CAO Linda Parks, Fiscal Services Director Bang Parkinson, Finance Analyst Supervisor h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_fund creation(wetlands,etc).doc Financial Management Policies City Funds and Fund Structure GENERAL GOVERNMENTAL FUNDS: Proposed Key Report 000 General A E 001 Community Services(Former 101) A I(000) 003 Street(Former 103) A I(000) 006 Library(Former 106) A I(000) 004 Community Dev Block Grant A I(000) 010 Fire Memorial A I(000) 201 Ltd GO Bonds Gen Govt Misc Debt A I(215) 207 1978 Limited GO Bonds A I(215) 215 Gen Govt Misc Debt Service A E Total General Government Total General Government SPECIAL REVENUE FUNDS: SPECIAL REVENUE FUNDS: 102 Arterial Street E 108 Leased Properties Fund E 110 Hotel Motel F. 118 Reserve for Paths&Trails E 125 1%For Art E 127 Cable Communication E 131 Park Memorial 131 Park Memorial 1.(000)1= 135 S,rinobrook Wetlands Bank l~ DEBT SERVICE FUNDS: DEBT SERVICE FUNDS: 219 1989 Unlimited GO Bonds E CAPITAL PROJECT FUNDS CAPITAL PROJECT FUNDS(CIP): (CIP): 303 Community Dev Mitigation E 304 Fire Mitigation E 305 Transportation Mitigation E 316 Municipal Facilities CIP E 317 Transportation CIP E 318 Landing CIP E Introduction 1-27 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CREATING A NEW FUND TITLED "SPRINGBROOK WETLANDS BANK" AND A NEW SUBFUND UNDER GENERAL FUND TITLED "PARK MEMORIAL FUND" AND CLOSING FUND 131 "PARK MEMORIAL FUND" UNDER SPECIAL REVENUE FUND FOR THE YEAR 2007. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. A new fund shall be created — Fund 135 — Springbrook Wetlands Bank Fund. The purpose of the fund is to provide accounting for the Springbrook Creek Wetland and Habitat Mitigation Bank project. The Springbrook Wetlands Bank Fund will receive revenue by selling Wetlands Credits to the third parties and to the City's internal departments. The revenue received will pay for managing the wetlands. SECTION II. A new subfund will be created under General Fund — Fund 031 — Park Memorial Fund. This subfund is created to replace the Fund 131 Park Memorial Fund under Special Revenue Fund. This subfund is created to account for the donations and the usages of those donations especially for Park memorial purposes. *4.101 1 ORDINANCE NO. SECTION III. This Ordinance shall be effective upon its passage, approval, and 44ew five days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: • Lawrence J. Warren, City Attorney Date of Publication: ORD.1252:3/7/07:ma ftior 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Fire For Agenda of: Dept/Div/Board.. Administration March 19, 2007 Staff Contact Fire Chief I. David Daniels, x7083 Agenda Status Consent X Subject: Public Hearing.. Inter-Agency Lease Agreement with King County to base a Correspondence.. Ordinance Paramedic Unit at Fire Station 14 Resolution Old Business Exhibits: New Business Inter-Agency Lease Agreement Study Sessions Issue Paper Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Risk Manager Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $820.00 per month, plus annual escalation clause Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The attached Inter Agency Lease Agreement with King County Emergency Medical Services is a renewal of a 2007 lease (LAG-1614 EMS). The County agrees to continue to lease space, for $820.00 per month. In addition, the County continues to provide one paramedic unit staffed with two (2) paramedics located within the leased space, at Fire Station 14, 1900 Lind Ave SW, Renton, WA 98055. The lease agreement includes an escalation factor based on the Consumer Price Index for Seattle to adjust the rent annually. The term of the agreement is for one (1) years beginning January 1, 2007 and expires December 31, 2007. All other conditions remain the same. STAFF RECOMMENDATION: Adopt resolution authorizing Mayor and City Clerk to execute lease. H:\Support Services\Medic Lease\07KCleasedAgendaBILL.doc/ Cf �� FIRE DEPARTMENT elD • ♦ MEMORANDUM DATE: March 9, 2007 TO: Toni Nelson, President Members of City Council VIA: Kathy Keolker, Mayor FROM: I. David Daniels, Fire Chief SUBJECT: Lease Agreement with King County Medic One ISSUE: King County Medic One's current lease expired on December 31, 2006. The term of the proposed 2007 agreement is for one year. This is due to the unknown outcome of the EMS Levy vote later this year. BACKGROUND: 4,""" King County has housed a paramedic unit(Medic 5) since 1998, at Fire Station #14, 1900 Lind Ave. SW. The space leased by King County is 1834 square feet consisting of garage space, sleeping quarters, office space and storage. The paramedic unit shares the following space with Renton Fire personnel: bathroom/shower, office space, kitchen, dining and day room, and exercise room. King County is invoiced on a monthly basis for the leased space. The amount invoiced is automatically modified by our Finance Department on a yearly basis per the agreed factor based on the Consumer Price Index for Seattle. As in the past, even though the 2007 contract has not been finalized, the County continues to be invoiced and pays on a monthly basis. The lease amount this year is $820.00 per month. The legal team for King County has reviewed and approved the agreement. In addition, the pertinent parties in King County have signed and returned it to us for review and execution. RECOMMENDATION: Staff recommends that the City of Renton Council authorize the Mayor and City Clerk to sign and execute the Inter-Agency Lease Agreement with King County. INTER-AGENCY LEASE AGREEMENT Lease # 1614 This LEASE AGREEMENT is entered into this /514day of jcc: , 2006 between THE CITY OF RENTON as LESSOR, hereinafter referred to as "CITY", and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of appropriate square footage of space at the fire station located at 1900 Lind Avenue S.W., Renton, WA, hereinafter referred to as the "FACILITY", for the stationing of a paramedic unit operated by the King County Emergency Medical Services Division. WHEREAS, the King County Emergency Medical Services Master Plan and its associated location analysis have demonstrated that the fire station at the above address provides quality paramedic response into the greater Renton and Maple Valley area. WHEREAS, the CITY desires to utilize King County's Emergency Medical Services Programs. NOW THEREFORE, the parties mutually agree as follows: 1. DESCRIPTION OF LEASED PREMISES: I. Leased Space - 1900 Lind Avenue S.W., Renton, WA a. 1834 total square feet - See Exhibit "13" attached hereto and made a part hereof. Comprises: i. 1200 square feet - Garage space inside the apparatus bay for one (1) primary paramedic vehicle and one (1) spare medic vehicle. ii. 456 square feet - Sleeping quarters consisting of two (2) 11' x 20' sleeping rooms with three (3) beds. The sleeping quarters include 18 built-in lockers available for use by the COUNTY. Each bed includes mattress, mattress pad, bedspread and two (2) blankets. iii. 178 square feet - Office space and EMS storage. II. Space Shared By The CITY And The COUNTY a. Bathroom/shower facilities for both sexes shared with Renton Fire Department personnel; b. Office space including a desk and chair; c. Kitchen facilities, dining and day rooms shared with Renton Fire ',woe Department personnel; 1 • d. Exercise room and equipment shared with Renton Fire Department personnel; 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY Basic Services a. Heating and Lighting - Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis. b. Standby Power - The FACILITY will have an emergency generator available to provide backup power to the building. c. Waste - The CITY will provide a waste receptacle and collection service for all waste; EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste. d. Storage Space - The CITY will provide storage space for limited storage of "non-controlled" operational supplies. The COUNTY shall provide shelving for storage of "non-controlled" operational supplies. 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY General Services a. Paramedic Unit - The COUNTY will station a paramedic unit staffed with two (2) paramedics in the FACILITY. b. Security - The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel. c. Maintenance - The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Renton Fire Department personnel. d. Special Conditions - The COUNTY further agrees that any problems or issues that arise involving personnel or operations of the respective agencies will be handled as set forth in Exhibit A of this agreement, attached hereto and made a part hereof. 4. RENT The COUNTY agrees to pay the CITY $820.00 per month, effective January 1, 2007, for space and other systems and services described in Item 1 above. The monthly rate will be adjusted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for 2 each subsequent year of this lease. 5. TENANT IMPROVEMENTS variti The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security (locks) systems. a. All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY. Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties. b. Payment for the identified modifications shall be in addition to monthly payments provided for herein. Any additional costs for changes to the original plan will require prior approval by the COUNTY. The COUNTY shall make all payments within 30 days of receipt of an invoice. c. Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written • approval of the King County Emergency Medical Services Division Manager and shall be entered as an Exhibit to this agreement. void d. The COUNTY agrees to reimburse the CITY for all direct and indirect costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged (normal wear and tear excepted) to the extent such loss, destruction, or damage is caused by equipment or employees of the COUNTY. e. The COUNTY agrees, at the termination of this agreement, to restore the FACILITY to the high quality condition it was in originally. This will include removing tenant improvements, refinishing walls, ceilings, replacing carpet, restoring the alarm system, etc. 6. TERM This Lease Agreement is for one (1) year beginning January 1, 2007 and expires December 31, 2007. This agreement may be terminated annually for lack of funding. 3 II. Termination for Other Causes: a. This Agreement is subject to termination upon ninety (90) days written %or, notice by the COUNTY should: i. The CITY fail to comply with the terms and conditions expressed herein. ii. The CITY fail to provide work or services expressed herein. b. This Agreement is subject to termination upon ninety (90) days written notice by the CITY should: i. The COUNTY fail to comply with the terms and conditions expressed herein. ii. If, in the judgement of the Administrator of the CITY OF RENTON FIRE DEPARTMENT, or his/her designee, the relationship is no longer compatible with the organizational philosophy or values of the Fire Department. III. Changes: a. Either party may request changes in the services to be performed or provided hereunder. Proposed changes, which are mutually agreed itimw— upon, shall be incorporated by written amendment to this agreement signed by both parties. 7. HOLD HARMLESS AND INDEMNIFICATION The COUNTY agrees to assume responsibility for all liabilities that occur or arise in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials, from all claims, causes of action, costs, expenses, losses and damages, including the cost of defense, incurred as a result of any negligent acts or omissions of the COUNTY, its agents, officers, or employees only arising out of or relating to the performance of this agreement. II. The CITY agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs, expenses, losses and damages, including the cost of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees only arising out of or relating to the performance of this agreement. 4 8. INSURANCE I. The CITY understands that the COUNTY is self-insured and is willing to provide the CITY with proof of said insurance upon request. 9. NOTICES I. Official notice under this lease shall be given as follows: To City: City of Renton Fire Department Renton City Hall - 6th Floor 1055 South Grady Way Renton, WA 98055 To County: King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 .40004 5 • IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LESSOR: CITY OF RENTON LESSEE: PUBLIC HEALTH, SEATTLE-KING COUNTY BY: BY: Dorothy F. Teeter TITLE: Mayor TITLE: Interim Director DATE: DATE: Pi/ /(5' APPROVED AS TO FORM: KING COUNTY, WASHINGTON APPR VED AS TO FORM: BY: BY: City of Renton Attorney DATE: DATE: 115/61 Manager Real Property 'IMF es Section Nair DATE: /-77-0 �rrr 6 EXHIBIT A Special Conditions Interagency Cooperation a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b. The COUNTY agrees that when issues, conflicts or problems arise, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level. If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief, or his/her designee, for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY. c. The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values. The COUNTY further agrees to abide by Renton Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division. Date: Date: FEB - 9 2007 Approved: Approved: Kathy Keolker, Mayor David Fleming, M City of Renton Director and Health Officer Public Health-Seattle & King County 7 CITY OF RENTON, WASHINGTON ti... RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO RENEW AN INTERLOCAL COOPERATIVE AGREEMENT TO LEASE SPACE TO KING COUNTY EMERGENCY MEDICAL SERVICES DIVISION. WHEREAS, the City of Renton has a fire station located at 1900 Lind Avenue S.W. in Renton, Washington; and WHEREAS, both the City and King County wish to station in that building a paramedic unit operated by the King County Emergency Medical Services Division; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton will continue to rent such space to King County; 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 H. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement for leasing of space to the King County Emergency Medical Services Division for housing of a paramedic unit. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1237:1/31/07:ma Nerd 2 CITY OF RENTON COUNCIL AGENDA BILL Al#: Submitting Data: For Agenda of: 3/19/07 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Langley Meadows Preliminary Plat Ordinance File No. LUA-06-087, ECF, PP Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Nowt Total Project Budget City Share Total Project SUMMARY OF ACTION: The hearing was held on January 16, 2007. The Hearing Examiner's Report and Recommendation on the Langley Meadows Preliminary Plat was published on February 8, 2007. The appeal period ended on February 22, 2007. No appeals were filed. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on page 6 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Approve the Langley Meadows Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bh February 8. 2007 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Tom Foster Langley Development Group 6450 Southcenter Blvd., Ste. 106 Seattle, WA 98188 CONTACT: Darrell Offe Offe Engineers 13932 SE 159th Place Renton, WA 98058 OWNERS: Tiffany Gustin Karen/Monte Moore 670 Hoquiam Ave NE 626 Hoquiam Ave NE Renton, WA 98059 Renton. WA 98059 Francis J. Prummer Patricia/Thomas Waters 617 Hoquiam Ave NE 650 Hoquiain Ave NE Renton, WA 98059 Renton, WA 98059 Cynthia/James Zerby 664 Hoquiam Ave NE Renton, WA 98059 Langley Meadows Preliminary Plat File No.: LUA 06-087, ECF, PP LOCATION: East of Hoquiam Ave NE and North of NE 6`'' Street SUMMARY OF REQUEST: Approval for a 70-lot subdivision of an 11.16-acre site intended for the development of single-family detached homes. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on January 9, 2007. PUBLIC HEARING: 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: `clow arr► Langley Meadows Preliminary Plat File No.: LUA-06-087, ECF, PP February 8, 2007 Page 2 MINUTES The following minutes are a summary of the January 16, 2007 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, January 16, 2007, at approximately 9:22 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 Exhibit No. 2: Preliminary Plat Plan application,proof of posting, proof of publication and other documentation pertinent to this request. _ Exhibit No.3: Landscape Plan Exhibit No. 4: Tree Inventory Exhibit No. 5: Tree Planting Plan Exhibit No. 6: Preliminary Drainage Control Plan Exhibit No. 7: Conceptual Grading Plan Exhibit No. 8: Utilities Plan Exhibit No.9: Street Plan Exhibit No. 10a&b: Street Profiles Exhibit No. lla&b: Boundary and Topographic Exhibit No. 12: Zoning Map Survey *44100 The hearing opened with a presentation of the staff report by Jill Ihng, Senior Planner, Development Services. City of Renton, 1055 S Grady Way, Renton, Washington 98055. The property is located within the R-8 zoning designation. It is located on the east side of Hoquiam Ave NE and north of NE 6th Street. The property is located within the Residential Single-Family Comprehensive Plan designation. There are seven existing single- family residences on the property and one is proposed to remain, the others would be removed. The proposal is to subdivide the site into 70 lots with a net density of 7.73 dwelling units per acre. The lots sizes would range from 4,500 square feet up to 30,270 square feet. The site slopes down towards the east at an approximate grade of 15%, there are approximately 185 significant trees on site and the applicant proposes to retain 27 of those trees. There are no critical areas on site,there is an off site Category 3 wetland located to the east of the subject property, at it's closest point it is 27 feet away from this property. The required wetland buffer is 25-feet, so it does not have any impact on this site. The Environmental Review Committee issued a Determination of Non-Significance—Mitigated with 7 mitigation measures. No appeals were filed. Fire, Traffic and Parks Mitigation Fees were imposed on this project. The project is consistent with the residential single-family land use policies. All lots meet the size and dimension for the R-8 zone. No setback envelopes were shown on the submitted plat drawing. The existing house and two sheds that are proposed to be retained on Lot 4 would meet setback requirements, the applicant would be required to demolish or remove all existing houses and accessory structures, except for Lot 4,prior to recording the final plat. Building height is limited to two stories and 30 feet for primary structures and 15 feet 'god Langley Meadows Preliminary Plat File No.: LI1A-06-087, ECF, PP February 8, 2007 Page 3 'or.► for detached accessory structures. The height and lot coverage of the new residences would be verified at the time of application for building permits. The applicant provided a landscape plan and tree-planting plan. Two new trees were proposed for each of the new lots of the subdivision. Two new trees would also need to be provided on the existing lot. The revised landscape plan would be submitted at the time of application for site construction permits and is subject to approval by the Development Services project manager. All lots comply with the subdivision regulations. Access would he provided by a new internal looped road system. Road A would extend east from Hoquiam Avenue along the north end of the project and Roads B and (' would extend south and connect into NE 6th Street. Each of these roads would he required to have curb, gutter, sidewalks and paving. Lots 15 and 16 would be accessed via a 26-foot wide access easement. Lots 1, 2, 3, and 4 would he accessed via a 26-foot wide private access easement. The applicant was unable to retain the full 25% of significant trees as required due to the location of the storm drainage vaults, required grading and drainage. They would be required to provide an additional 19 replacement trees. The applicant would like to increase the caliper of the required o new trees per lot to 2-inch caliper as an alternative. The site is located within the Renton School District. The proposed plat would potentially result in 30 additional students. The School District has indicated that it could accommodate the new students. A preliminary storm drainage report was submitted with the application, the project would be required to comply with the 2005 King County Surface Water Design Manual. A large detention vault has been proposed to run through the center of the site through the rear yard area of the central lots, this would drain off site to the wetlands to the east. Water District 90 serves this site. The subject property would be served by the ('ity of Renton sewer service. Prior to recording of the plat, any existing septic systems must be abandoned in accordance with the King County Department of Health regulations. Darrell Offe, Offe Engineers, 13932 SE 159th Place, Renton 98058 stated that the Issaquah School District is on the east boundary line and is the common line between Renton and Issaquah School Districts. They are in the Renton School District. Wedgewood to the north is under construction and should be almost finished, it should be in front of the Council soon for recording. To the south is the Honey Brook 3, which is finished and almost completely built. To the west they are connecting to a development called Honey Brook West that is currently under construction. Approximately 75% of the east boundary abuts a development called Shamrock Heights II in King County. Honey Brook 3 dedicated a portion of NE 6th but it was not improved. The portion just south of proposed Lots 30 and 31 is called the Blessings Short Plat,the owner is currently negotiating the sale of the plat. As Jericho comes up from the south through the Blessings Short Plat a variance was granted to reduce the right-of-way to 30-feet with 20-feet of road and improvement. Improvements will be done on NE 6th, how it will tie into Jericho has not come to a resolution. Tom Foster, 6450 Southcenter Blvd., Ste. 106, Seattle 98188 responded to the Examiner's question regarding the north/south corridors for the proposed Roads B and C. Wedgewood II, which borders on the north side of this project, has been approved and is under construction, the lots line up going east and west with no access points to that plat. There was no way to extend the roads north from this plat, the interior roads in this plat will Langley Meadows Preliminary Plat File No.: LUA-06-087, ECF. PP February 8, 2007 Page 4 match up with Ilwaco Street to the south,the other access is the primary access to Hoquiam which will match up with the future 7th Avenue NE (or whatever it becomes known as). Neil Watts,Development Services Director stated that in the past, connections between I-loquiam and Nile, to the east, were important but the first opportunity north of NE 4`h was NE 10`h Street. That has been accomplished with the development of Wedgewood. A 25-foot right-of-way appears to be appropriate for this property. Darrell Offe stated that Ilwaco Place(Road C) has been improved as part of Honey Brook 1I1. It is a 30-foot road on the southerly boundary and Hoquiam along the westerly boundary. Neil Watts stated that the modification to reduce the road width to 42-feet has been approved. Tom Foster Ilwaco was originally improved by Langley Development Group, it has two jogs and continues on down to NE 5th Place where one can either go left to Jericho and out to NE 4th, or it can continue straight and intersects with NE 5th and turn right to exit to Hoquiam. There are two access points to the south. The Examiner called for further testimony regarding this project. Where was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:08 am. • FINDINGS. CONCL1JSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Tom Foster, filed a request for a Preliminary Plat approval. 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official issued a Determination of Non-Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the east side of Hoquiam Avenue NE and north of NE 6th Street. 6. 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 homes, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5203 enacted in May 2006. 9. The subject site is approximately 11.16 acres or 486,261 square feet. The parcel is generally rectangular but third party property takes out a rectangular notch in the southwest corner of the site. The subject site is approximately 631 feet wide and 823 feet long. Langley Meadows Preliminary Plat File No.: LUA-06-087, ECF, PP February 8, 2007 Page 5 *Now 10. The subject site slopes downward between 0 and 15 percent toward the east. The applicant will be grading the site and removing vegetation. The applicant proposes approximately 8.500 cubic yards of balanced cut and fill but will supplement the material with an additional approximately 1,500 cubic yards of fill. 11. No critical areas were found on the subject site. There is a wetland east of the site but since it falls 27 feet from the subject site, no additional buffer is required on the subject site. 12. The subject site contains what would be considered residential landscaping as well as a large number of mature trees. A survey found 185 significant trees and the applicant proposes retaining approximately 27 of those trees. Staff has determined that 25 percent of the trees or 46 trees either he retained or additional trees planted to provide 46 trees. 13. The applicant proposes dividing the subject site into 70 lots. One home would be retained on what would be proposed Lot 4 near the center of the western property line. The remaining lots would generally be arranged in an interior block containing two tiers of lots running north to south and a series of lots arrayed around the perimeter of the subject site, along the outside of a looped roadway Most of the lots are rectangular although a few of them are trapezoidal due to the road alignment along_ the northern portion of the plat. • 14. Access to the subject site will be via Iloquiarri Avenue, which is west of the site and NE 6th "-;trect. which runs along the south edge of the site. The roadway from Hoquiam will run east into the site, then Nore loop south converging with NE 6th Street and then loop back to the north, completing the loop l'here will be a southerly connection to Ilwaco from the southwest corner of the loop roadway. 15. Proposed Lots 15 and 16 in the northeast corner of the plat will be accessed by an easement. Similarly, proposed Lots 1 to 4 along the western edge of the site will be accessed from an easement roadway. 16. The applicant will have to provide necessary improvements along all public rights-of-way and dedicate appropriate land for rights-of-way. 17. Code requires two trees in the front yard of all lots along with a landscape strip in the public rights-of- way. As noted above, trees either need to be preserved or replaced at a 25 percent ratio for significant trees. 18. The density for the plat would be 7.73 dwelling units per acre after subtracting roadways and easement areas. 19. The subject site is located within the Renton School District. The project is expected to generate approximately 30 school age children. These students would be spread across the grades and would be assigned on a space available basis. 20. The development will increase traffic approximately 10 trips per unit or approximately 700 trips. Approximately ten percent of the trips, or approximately 70 additional peak hour trips will be generated in the morning and evening. Staff noted that Hoquiam is not designated as an arterial street but functions as if it were an arterial. 21. Stormwater management will comply with the 2005 King County guidelines. A detention vault will be created along the rear yards of the lots in the block located in the center of the plat. Stormwater will Langley Meadows Preliminary Plat File No.: LUA-06-087, ECF, PP February 8, 2007 Page 6 Nodthen drain to the offsite wetlands located east of the subject site. In line with the susceptibility of the site to stormwater, the ERC limited earthwork to the drier summer months. 22. Sewer service will be provided by the City. A new line is being installed in Hoquiam in conjunction with other development and the applicant will have to extend service along the internal roads in the proposed plat. 23. The applicant has submitted a certificate of availability for water from Water District#90. CONCLUSIONS: The proposed plat has a rather conventional layout for a large plat containing seventy lots. There are no critical or sensitive areas on the eleven-acre parcel. All but three lots front directly on a public street and most of the lots are rectangular in shape. The proposed density of 7.73 dwelling units per acre complies with the R-8 Zoning and the Comprehensive Plan. 2. The new lots will generally fall within the 4,500 square foot range with a few substantially larger providing a choice of lots and lot sizes. The plat is in a growing suburban area with access to urban services such as water and sewer service. 3. Development of the plat will increase the tax base of the City to help offset some of the impacts of the new development and new residents. The ERC imposed mitigation fees to specifically offset impacts on fire response,recreation and roads. 4. The applicant will have to comply with the City's landscaping regulations and will have to install frontage improvements to roads within and along the perimeter of the project and also dedicate right-of- way. 5 In summary, the proposed plat will be integrated into the existing community and its impacts were anticipated when the subject site was annexed to the City and zoned R-8. RECOMMENDATION: The City Council should approve the proposed plat subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non-Significance—Mitigated that was issued by the Environmental Review Committee on December 13, 2006. 2. The applicant shall demolish or remove all existing houses and accessory structures, except the house and sheds remaining on Lot 4, prior to recording of the final plat. 3. The 26-foot wide access easement from Hoquiam Avenue NE serving Lots 1 through 4 shall be placed in an access tract owned and maintained by all lots using it. 4. The applicant shall have "No Parking" signage posted along the 26-foot wide private road prior to final plat approval. 5. A homeowner's association or maintenance agreement shall be established for the development, to NisiS ensure that responsibility is taken for maintenance of common improvements and tracts within the plat prior to final plat approval. A draft of the agreement,HOA and/or CC&R documents shall be submitted • Langley Meadows Preliminary Plat File No.: LUA-06-087, ECF, PP February 8, 2007 Page 7 at the time of application for utilities construction permits, so that it may be reviewed by the City attorney and the Development Services project manager. 6. A revised landscape plan shall be submitted to the Development Service Division project manager for review and approval at the time of application for utility construction permits. The revised landscape plan shall show the required 5-foot wide landscape strip along all street frontages, including the internal residential streets. ORDERED THIS 8th day of February 2007 FRED J. KAUd`�VIAN HEARING E! AMINER TRANSMITTED THIS 8`''day of February 2007 to the parties of record: Jill Ding Neil Watts Tom Poster Development Services Development Services Langley Development Group 1055 S Grady Way 1055 S Grady Way 6450 Southcenter Blvd., Ste. 106 Renton, WA 98057 Renton, WA 98057 Seattle, WA 98188 Darrell Offe Jennifer McCall Karen &Monte Moore Offe Engineers Lozier Homes Corporation 626 Hoquiam Avenue NE 13932 SE 159"'Place 1203 114`h Ave SE Renton, WA 98059 Renton, WA 98059 Bellevue, WA 98004 Cynthia& James Zerby Francis J. Prununer Patricia&Thomas Waters 664 Hoquiam Avenue NE 617 Hoquiam Avenue NE 650 Hoquiam Avenue NE Renton, WA 98059 Renton, WA 98059 Renton, WA 98059 Tiffany Gustm 670 Hoquiam Avenue NE Renton, WA 98059 TRANSMITTED THIS 8th day of February 2007 to the following: Mayor Kathy Keolker Larry Rude, Fire Jay Covington, Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division fir, Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services King County Journal Langley Meadows Preliminary Plat File No.: LUA-06-087, ECF, PP February 8, 2007 Page 8 Pursuant to Title IV, Chapter 8, Section 100(G) of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 22, 2007. 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 discoveryof 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. 'Phis 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$75.00 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, February 22,2007. If the 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 I)octrine 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. 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SI1� 1 11 e, 11 g i — —1------1— I tC '( -1-_-- I I �� y - _ iI a i -- — — �1(--- — - I z NOTES 8 z —'�1 \ 1 —y 1 Cc�.L I oFf[ynOM.pwuF O ce g \s I Pcn loos Kcswow U' 1, 9 1 F.• I I ' DlsLiors.wo qp,p r it IL........._,._._ ____„,,,/,,, !'1,\ , rD,wE DCr Cunou c W - -- ' M'0 w,r[a OUµlry v.Ult >G Z w a D C7 I 6 } z , 4J i 1 Zd Q ~ J g z 1 a ownirmo. o ' •e0' 40 00 80 CVO ND, DC, DIe I set 1 OF 1 City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner LANGLEY MEADOWS PRELIMINARY PLAT LUA-06-087, PP,ECF PUBLIC HEARING DATE:January 16, 2007 Page 5 of 10 length of the east property line. A wetlands study was submitted at the time of application, and subsea'•^ntly revised at the request of staff to provide more complete information as to the distance of the offsite wetland the absence of wetlands on the subject site. As noted above, the Environmental Review Committee issued a Determination of Non-Significance — Mitgated on December 13, 2006. The decision included a mitigation measure that the applicants provide temporary erosion and sedimentation control according to the State DOE 2001 Stormwater Management Manual. This mitigation measure will manage the risk of impact to the neighboring wetlands. Surface water drainage was designed to meet the 2005 King County Surface Water Manual requirements. A detention vault is proposed which would discharge into the off-site wetlands to the east. Water service would be provided by Water District 90, as the submitted Certificate of Water Availability attests to. The water main in Hoquiam Avenue NE is required to be replaced, and the mains extended into the site. New fire hydrants will also be required. Sewer main extensions will required along the full frontage within Hoquiam Avenue NE and in the new internal streets. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on December 13, 2006, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M)for the Langley Meadows Preliminary Plat. The DNS-M included seven mitigation measures. A 14-day appeal period commenced on December 13, 2006 and ended on December 29, 2006. No appeals of the threshold determination were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance—Mitigated: 1. The applicant shall comply with the recommendations contained in the geotechnical report prepared by Creek Engineers, dated May 3, 2006, including limiting earthwork to the drier summer months, from April through October. 2. The applicant shall provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This plan will be subject to the review and approval of the Development Services Division. 3. The applicant shall comply with the 2005 King County Surface Water Design Manual to meet both detention (conservation flow control) and water quality(basic) improvements. 4. The applicant shall comply with the recommendations contained on the Preliminary Technical Information Report prepared by Site Development Associates, LLC, dated May 30, 2006. 5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single-family lot prior to the recording of the final plat. 6. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 7. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 4. STAFF REVIEW COMMENTS Representatives from various City departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: HEX Report 06-087.doc N✓ LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF A LINE RUNNING FROM A POINT 270 FEET SOUTH OP THE NORTHEAST CORNER OF SAID SUBDIVISION TO A POINT 300 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SUBDIVISION, EXCEPT THE SOUTH 300 FEET OF THE WEST 180 PEET THEREOF, AND EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO 3076763 EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION, THENCE NORTH 88 DEGREES 20'19" WEST 481 44 FEET ALONG THE SOUTH LINE THEREOF TO THE SOUTHEAST CORNER OF THE WEST 180.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, THENCE SOUTH 89 DEGREES 17'26" EAST 300.01 FEET ALONG A LINE CONNECTING LAST SAID SOUTHEAST CORNER AND THE NORTHEAST CORNER OF THE SOUTH 8.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, AS MEASURED ALONG THE EAST LINE THEREOF, TO THE NORTHERLY PROLONGATION OF THE EAST LINE OP THE WEST 480.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST OUARTER OF SECTION 10 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 12'15" WEST 4 99 FEET ALONG SAID PROLONGATION TO SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, THENCE SOUTH 88 DEGREES 20'19" EAST 181 34 FEET ALONG SAID SOUTH LINE TO SAID SOUTHEAST CORNER THEREOF, THENCE NORTH 00 DEGREES 31'26" EAST 8.00 FEET ALONG THE EAST LINE THEREOF; THENCE NORTH 89 DEGREES 17'26" WEST 181.29 FEET TO THE TRUE POINT OF .041100 BEGINNING, uti EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF LEh THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS E— CD COMMENCING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; cD LID THENCE NORTH 88 DEGREES 20'19" WEST 481 44 FEET ALONG THE SOUTH LINE THEREOF TO THE SOUTHEAST CORNER OF THE WEST 180.00 FEET OF SAID SOUTHEAST CE) QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, r, THENCE SOUTH 89 DEGREES 17'26" EAST 300.01 PEST ALONG A LINE CONNECTING LAST SAID SOUTHEAST CORNER AND THE NORTHEAST CORNER OF THE SOUTH 8.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, AS MEASURED ALONG THE EAST LINE THEREOF, TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF THE WEST 480 00 FEET OF THE NORTHEAST cv QUARTER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 10 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 11'15" WEST 4.99 FEET ALONG SAID PROLONGATION TO SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10; THENCE NORTH 88 DEGREES 20'19" WEST 150 05 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF THE WEST 330 00 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, THENCE NORTH 00 DEGREES 11'15" EAST 2 49 FEET ALONG THE NORTHERLY PROLONGATION OF THE EAST LINE OF LAST SAID SUBDIVISION TO A POINT WHICH BEARS NORTH 89 DEGREES 17'26" WEST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 17'26" EAST 150 01 FEET TO THE TRUE POINT OF BEGINNING, AS SET FORTH IN JUDGMENT ENTERED MARCH 19, 1992 UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 90-2-00038-9 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 9 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: 3/19/07 4116001 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Honeybrook Circle Preliminary Plat Ordinance File No. LUA-06-143, ECF, PP Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required...' N/A Transfer/Amendment Amount Budgeted Revenue Generated tiolool Total Project Budget City Share Total Project SUMMARY OF ACTION: The hearing was held on February 6, 2007. The Hearing Examiner's Report and Recommendation on the Honeybrook Circle Preliminary Plat was published on February 15, 2007. The appeal period ended on March 1, 2007. No appeals were filed. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on pages 6 and 7 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Approve the Honeybrook Circle Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/bh } February 15, 2007 Nr.. OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Marc Rousso Seattle Redevelopment LLC PO Box 2566 Renton, WA 98056 CONTACT: Eric LaBrie ESM Consulting Engineers 33915 1 s`Way S., Ste. 200 Federal Way, WA 98003 OWNER: Leslie Kentworthy Estate of Sylvia Lefler 14110 SE 124th Street Renton, WA 98059 Honeybrook Circle Preliminary Plat File No.: LUA 06-143, ECF, PP LOCATION: 4900 NE 6th Street (Parcel No. 102305-9208) ''rrr✓ SUMMARY OF REQUEST: Approval for a 14-lot subdivision and 1 drainage tract of a 2.5-acre site intended for the development of single-family detached homes. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on January 30, 2007. PUBLIC HEARING: 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 February 6, 2007 hearing. The legal record is recorded on CD. 11410' The hearing opened on Tuesday, February 6, 2007, at approximately 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. Honeybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 2 ,4001 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary Plat Plan Exhibit No. 4: Conceptual Road, Drainage, and Utility Plan _- __ Exhibit No. 5: Grading and Tree Plan Exhibit No. 6: Landscape Plan - 1 Exhibit No. 7: Zoning Map Exhibit No. 8: ERC Mitigation Measures The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project site is located on the north side of NE 6°i Street and west of Hoquiam Avenue NE. Honey Brooke West development immediately to the south is currently under construction. The site is zoned Residential-8 (R-8) and is within the Residential Single-Famul} Comprehensive Plan designation. The site area is approximately 2.5 acres. the proposal is to subdivide the site into 14 lots and 1 drainage tract. An existing stable and shed structure on the property would be removed. Access to the site would be via roads that are cun-ently under construction. NE 6°' is under construction as a result of the Honey Brooke subdivision. The applicant would finish the construction to NE 6th street on their property. Field Place NE and Graham Avenue NE are extensions of roads that are under construction for Honey Brooke West. NE 7°t Street is a ne\\ road located on the north end of the project site. The applicant requested a modification for reduced rights-of-way, requesting that Field Place NE and NE 6°i Street he reduced to 42-feet wide and that NE 7th Street be reduced to 26-feet wide and Graham Avenue NE be reduced to 27-feet wide. That modification was granted on January 8, 2007, there were two conditions associated with the modification. The Environmental Review Committee issued a Determination of Non-Significance—Mitigated with 6 mitigation measures. No appeals were filed. Fire, Traffic and Parks Mitigation Fees were imposed on this project. The project is consistent with the residential single-family land use elements and community design elements of the Comprehensive Plan. The project has a net density of 7.8 dwelling units per acre, which complies with the requirements for the R-8 zoning designation. All lots appear to meet the size, dimension and setbacks required for the R-8 zone. Building height is limited to two stories and 30 feet for primary structures. The height and lot coverage of the new residences would be verified at the time of application for building permits. Each unit would be required to provide two off-street parking stalls. Landscaping would be required along all public street frontages. The proposed landscape plan appears to comply with the city's landscaping requirements. A detailed landscape plan would be required at the time of building permit application. All lots comply with the subdivision regulations. A new internal looped road system would provide access to the new lots. Street improvements would be required along the new roads including paving, curb, gutter, sidewalks adjacent to the curb and street lighting. "" Honeybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 3 ''6rrr The site is currently forested, the submitted tree plan identifies 166 significant trees therefore 42 trees are required to be retained or replaced. The tree retention plan identifies 28 trees to he retained, therefore an additional 14 2-inch caliper trees are required to be planted on the project site. A tree retention plan would be submitted with the Utility Construction Permit application. The site is located within the Renton School District. The proposed plat would potentially result in 6 additional students. The School District has indicated that it could accommodate the new students. The proposed drainage control would be by a detention vault located within proposed Tract A at the southwest corner of the project site. The project would be required to comply with the 2005 King County Surface Water Design Manual. A homeowner's association should be established to ensure responsibility for maintenance of common improvements and tracts within the plat. Staff added an additional condition: "Tract A should be landscaped and/or fenced appropriately prior to final plat approval." The site is located within the area of Water District 90. All improvements would need to be in accordance with Water District 90 and City of Renton standards. The property is served by the City of Renton sewer service. An existing 12-inch sewer main is in Hoquiam Avenue NE at the intersection of Hoquiam Avenue NE and NE 5th Street. There is also an 8-inch sewer main under construction in the Honey Brooke West sibdivision located to the south of the project. An 8-inch sewer main would he required to he extended onto the site from the under construction sewer main. Hearing Examiner questioned the reference to alley access for new plats but there is no alley access. What are the preferences regarding alleys, is it strong, or should it be eliminated as a concept. It appears to not be used in areas where there may be room for an alley. Not putting an alley in does save some open space and green space for the retention of trees. Ms. Ding stated that alley access was looked at and is done regularly on a case-by-case basis. In this instance an alley would move the lots out and the roads would not align, or there would be less lots. There are many things that are being looked at that are good things for the City. James Jaeger, Jaeger Engineering, 9419 S 204th Place, Kent, WA 98031 stated that this is a fairly simple plat, there are no issues or complaints with recommendations. The property to the north was going to be developed along with this site as a common plat, however, the owner decided to wait a little longer before developing. The roads were going to continue with a similar plat to the north and the same traffic patterns. It would be difficult to extend Field Ave on the west property line due to some apartments with garages that are encroaching on the property line. The NE 7th request for reduction was so that when the property to the north is developed, that property extends further to the east and it is likely that a half right-of-way would he constructed to complete NE 7th along this plat but also continue it to the east even further. If a full street were to be developed, it would not be able to continue to the east. Norm Lane, 5000 NE 6th Street, Renton, WA 98059 stated that his property is exactly the east border from north to south of this plat. He has no real issue with this construction but is concerned his fence along their east border that is currently a five-foot chain link. He has been told that only a four-foot fence would be placed on that border. Floneybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15. 2007 Page 4 NIS Ms. Ding recommended that Mr. Lane should ask for a six-foot before the right-of-way is actually dedicated. Currently it is not a dedicated right-of-way, when it does become dedicated, he would be limited to a four-foot fence. If the fence is built before the dedication, a six-foot fence could be built there. The sections abutting NE 6th and NE 7th would have to be lower so as to not be sight obscuring. Mr. Lane also is concerned with the trees and when the property south of him was developed, many trees were removed and when the windstorm came, two trees went through his house. Now, with this project, any existing tree should be taken down for safety and replaced with smaller trees. His yard is totally fenced in, it feels safer for he and his family. When some of those trees are being removed, the fence will have to be taken out due to the location of the roots. He wants the fence replaced immediately. The Examiner stated that that would be a private arrangement, the construction people cannot take out his chain link fence or affect the fence without an agreement. They cannot trespass on his property without permission even as working along the boundary to private property. Mr. Lane had further concerns regarding dust and making sure that the dust is kept under control. Kay Haynes. Blueberry Place Homeowner's Association, 551 Elma Place NE, Renton, WA 98059 stated that they are located southwest of the new development. They have been severely impacted by this new construction. There is only one egress and ingress to their development, that being NE 6th, there is no other way to come or go. Concerns have been previously voiced regarding the extension of NE 6"'. The impact of more traffic was played down by the City, one person stated that most people would not even know the street was there. Now that there are more developments with roads opening onto NE 6th, this will become the main route ,,,,0' for travel to Duvall. There have been no stop signs or anything done to protect their safety when coming or leaving their property. They have been totally overlooked and some procedures need to be taken to ensure safety for the residents of Blueberry Place. Kayren Kittrick, Development Services stated that the modifications to NE 7th(it was pointed out that there already is a NE 7`h Street to the north) were to keep the options open for the larger developments that will be in the future. To retain emergency access, fire department access, police, garbage, etc, NE 7"'needed to be developed. NE 6`h was dedicated at the same time as Honey Brooke West and it will be going through. They are aware that there is a single gated access that is very limited at that location. They are waiting for the road to be complete before making an evaluation. Transportation has it on their list to do a study once they see what traffic actually does, then they will decide. They are not, at this point, in favor of stop signs. The Blueberry Association should apply to the Deputy Director for Public Works and ask for a complete study. Dust and erosion control plans are approved through the City, she will note Mr. Lane's concerns and make sure he gets in touch with the project manager so that they can be on top of the dust control issue. Regarding alley access to plats they have been in discussions with transportation about how to do this. It does not work for this project and Development Services is going back to Council to ask for clarification. 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 10:08 am. FINDINGS, CONCLUSIONS&RECOMMENDATION Honeybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 5 Niter Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Marc Rousso, filed a request for a Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee(ERC), the City's responsible official issued a Determination of Non-Significance - Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the north side of the 4900 block of NE 6th Street. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5203 enacted in May 2006. 9. The subject site is approximately 108,972 square feet or 2.5 acres. The subject site is approximately 331 feet wide (east to west) by 329 feet deep. 10. The site slopes gently down to the south and west losing approximately 20 feet. The applicant estimated 1,500 cubic yards of cut and 500 cubic yards of fill for grading for roads and building pads. 11. No critical areas were identified on the subject site. 12. A tree survey identified 166 significant trees on the project site. Staff has determined that retention or replacement at a rate of 25% requires retaining or replacing 42 trees. 13. The applicant proposes dividing the subject site into 14 lots and 1 drainage tract. The lots would range in size from 4,500 square feet to 5,014 square feet. The applicant proposes an interior public loop road system that encircles a block of ten (10) lots, in a two lot by five-lot arrangement, along with a single tier of lots along the western edge of the plat. 14. The primary access to the site would be from NE 6th Street along the south edge of the plat. It would connect on the west with Duvall Avenue NE. Looping north from 6th would be Field Avenue, connecting to NE 7th Street(this proposed name would have to be changed) and then connecting and completing the loop to Graham Avenue NE. All of the lots would take access to these public streets. A review of potential alley access to the interior block was not found practical, as it would have reduced the density of the plat. NE 6th would be extended to the east to Hoquiam. Staff noted that some of the roadways would be less than standard width due to preexisting lot and property lines. 'erre 15. The density for the plat would be 7.8 dwelling units per acre after subtracting roadways from the total acreage. There is no deduction for sensitive areas in this plat. Honeybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 6 *4101.0 16. The subject site is located within the Renton School District. The project is expected to generate approximately 6 additional school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The development will increase traffic approximately 10 trips per unit or approximately 140 trips for the 14 single-family homes. Approximately ten percent of the trips, or approximately 14 additional peak hour trips will be generated in the morning and evening. 18. Stormwater will be detained on Tract A in the southwest corner of the subject site. The ERC imposed the requirements of the King County Stormwater Manual of 2005 on the subject site. 19. Sewer service will be provided by the City. Lines will need to be extended to serve the subject site. 20. The subject site is served by Water District 90. The applicant has submitted a certificate of water availability from Water District 90. 21. Homeowners from Blueberry Place are concerned that additional traffic will make ingress and egress from their site more difficult. 22. The development of the subject site would not diminish the private property rights of neighboring property owners. CONCLUSIONS: 1. The proposed plat appears to serve the public use and interest. The fourteen new lots will provide additional housing opportunities for those seeking detached single-family homes. The lots are in an area where urban services are available. 2. The development will generate some impacts on the neighborhood and community. Those impacts were anticipated when the Comprehensive Plan was adopted and when zoning was overlaid on the property. The applicant will be paying mitigation fees to offset the development's impacts on roads, parks and fire services. The development will increase the tax base of the City and those taxes should help offset some of the other impacts. 3. The staff noted that they would have to review the traffic patterns along NE 6th Street to ascertain impacts on Blueberry Place. There will be impacts but additional housing always creates some level of additional traffic on existing public streets. 4. In conclusion, the proposed plat appears to reasonably divide the two and a half acre site and should be approved by the City Council. RECOMMENDATION: The City Council should approve the proposed plat subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non-Significance— Mitigated that was issued by the Environmental Review Committee on January 8, 2007. ' Honeybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 7 2. A demolition permit shall be obtained and all required inspections shall be completed for the removal of the existing shed and stable prior to the recording of the final plat. 3. A Tree Retention/Replacement Plan shall be submitted with the Utility Construction Permit Application to the Development Services Division project manager. The plan shall identify trees to be retained and measures to be taken during construction to ensure the trees are adequately protected. The plan shall also identify replacement trees and shall include the planting location, species type, and planting specifications. 4. A homeowner's association shall be established for the development, to ensure that responsibility is taken for maintenance of common improvements and tracts within the plat prior to final plat approval. A draft of the agreement, HOA and/or CC&R documents shall be submitted at the time of application for utilities construction permits, so that it may be reviewed by the City attorney and the Development Services project manager. 5. Tract A should be landscaped and/or fenced appropriately prior to final plat approval. ORDERED THIS 15`''day of February 2007. FRED J. KAU1AN j HEARING E INER TRANSMITTED THIS 15th day of February 2007 to the parties of record: Jill Ding Marc Rousso Leslie Kentworthy Development Services Seattle Redevelopment, LLC Estate of Sylvia Lefler 1055 S Grady Way PO Box 2566 14110 SE 124th Street Renton, WA 98057 Renton, WA 98056 Renton, WA 98059 Eric LaBrie James Jaeger Kay Haynes ESM Consulting Engineers Jaeger Engineering Blueberry Place Homeowners Assoc. 33915 1st Way S., Ste. 200 9419 S 204`h Place 551 Elma Place NE Federal Way, WA 98003 Kent, WA 98031 Renton, WA 98059 Norm Lane Kenneth Johnson C. Thomas Foster 5000 NE 6th Street 4915 NE 7th Street Langley Development Group, Inc. Renton, WA 98059 Renton, WA 98059 6450 Southcenter Blvd., Ste. 106 Seattle, WA 98188 Honeybrook Circle Preliminary Plat File No.: LUA-06-143, ECF, PP February 15, 2007 Page 8 44100 TRANSMITTED THIS 15th day of February 2007 to the following: Mayor Kathy Keolker Larry Rude, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100(G) of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,March 1, 2007. 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$75.00 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., March 1, 2007. If the 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. 'rr✓ Project Location: 49XX NEG Street (Parcel No. 102305-9208) awca seas .a s SITE 4 .1 w >- N. � s�,.-,3.-,!..,!.„,...:,.., . A.f:..; +� % j 3 --- ' ,_,,:, ..s.p. ' re : ' . . i "C _ g� s p'.,,„ i as, -, �'» D6 - 3 T23N R5Ei Et/2 • R C\2; --1-• , . _ v ,I SE 112th P1. l ( SE 113th ce IH ,--- ---1 - -.., ! f 1 ! S 1 R-8 • - i 1 R-8 0:3 .- ., . 04' R-4 NE 10th St. R-8 NE 10th St. ; ______ -- ,R-&-r_ - R-8 R 7 8 R-4 !SE 117th L__________• - . - - NE 9th st v3 ;, ,, c_• ; ; , (.4 . ; , W ,- f 1 1f) 1 1 Z R=8' . - R-8 en I i N R-: Ii 8 , *milli 2: .--NE- 7thS t. ' ! 1 R-8-- _ .•R___.8__ _ . I i ri) i 1 istle `-'1 .... 1 : ! I , ! I , H1 1 M — F R pis i I 1 1 , -,Ncl 1 I I ! t 1 f - '- 1 1------j,_-11 !----- R-8 R-8 ......, _ 1 1 I Ri7. 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J wH..r ZENELOP,.,rm --'• b LI � brw�3ea ii ! ,c . rlUrvl=r sFi�or« W1:.s7 ` ( .nwLEV GsvEL.P.x...'02+30130 inI 12 was 11 !7 1' /.f • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA06-143, PP, ECF APPLICANT: Seattle Redevelopment LLC, Marc Rousso PROJECT NAME: Honeybrook Circle Prelimany Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 108,972 square foot (2.5 acre) parcel located within the Residential -8 (R-8) dwelling unit per acre zoning designation_ The proposed lots would range in area from 4,500 square feet to 5,014 square feet. Access to the proposed lots would be provided via a new internal public street system, which would access off of NE 6th Street. No critical areas have been identified on the project site. LOCATION OF PROPOSAL: 49XX NE 6th Street(parcel no. 102305-9208) LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions NE, LLC, dated January 11, 2006. 2. ' The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most current Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issu of Construction Permits. This condition shall be subject to the review and approval of the Development Servi Division. 3. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control —a.k.a. Level 2) and water quality improvements. 4. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. 5. The applicant shall pay a Traffic Mitigation Fee in the amount of$75 for each new net daily trip prior to the recording of the final plat. It is anticipated that the proposed project would result in the payment of$10,048.50 (133.98 net new daily trips x $75 = $10,048.50). 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot prior to the recording of the final plat. The fee is estimated at$6,832 ($488 x 14 = $6,832). • ERC Mitigation Measures Page 1 of 1 `IICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 1179476 LEGAL DESCRIPTION THE WEST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS THE SOUTH 30 FEET AND THE WEST 30 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; EXCEPT ANY PORTION OF SAID EASEMENT LYING WITHIN COUNTY ROAD. • • baa PIATCRTL/RDA/0999 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems March 19, 2007 Staff Contact Bill Wressell, ext. 7400 Agenda Status Consent X Subject: Public Hearing.. CAG # 06-092 Correspondence.. 2006 Street Overlay with Curb Ramps Ordinance Contractor: Western Asphalt, Inc. Resolution Old Business Exhibits: New Business Final Pay Estimate Study Sessions Notice of Completion Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Fiscal Impact: 317.012108 Expenditure Required... $4,181.52 Final Pay Est. Transfer/Amendment. N/A $220.08 Retainage Amount Budgeted Revenue Generated -0- Overlay $ 756,000.00 Art. Rehab $ 240,000.00 Community Services $ 35,000.00 Water--CBD $ 30,000.00 Surface Water--CBD $ 25,000.00 Sewer—CBD $ 60,000.00 Water—Talbot Hill $ 61,000.00 Total $1,207,000.00 Total Project Budget $1,207,000.00 City Share Total Project 100% SUMMARY OF ACTION: The project started on August 10, 2006, and was completed on February 2, 2007. The original contract amount was$1,048,553.89 and the final contract amount is$1,029,602.55. Of the $1,029,602.55 final contract amount, the following amounts will be paid by: Street Overlay Program - $591,074.38; Arterial Rehabilitation Program- $240,000.00; Community Services Ripley Lane Trail - $32,901.12; and Water Utility System for the Talbot Hill Project- $60,283.31. For the CBD Project the following amounts will be paid by: Water Utility System- $29,358.17; Sewer Utility System- $51,520.43; and the Storm Utility System- $24,465.14. STAFF RECOMMENDATION: Council accept completion of the project, approve payment of the Final Pay Estimate, and approve release of retainage for the full project in the total amount of$50,677.26 after 60 days, subject to the required authorization. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2007\2006 Overlay.doc/ TO: FINANCE DIRECTOR Name FROM: TRANSPORTATION SYSTEMS DIRECTOR CONTRACTOR: WESTERN ASPHALT,INC. CONTRACT NO. CAG 06-092 ESTIMATE NO. 3 FINAL PROJECT: 2006 STREET OVERLAY WITH CURB RAMPS 1.00 CONTRACTOR EARNINGS THIS ESTIMATE 4,401.60 2.00 SALES TAX N/A 0.00 3.00 TOTAL CONTRACT AMOUNT THIS ESTIMATE 4,401.60 4.00 EARNINGS PREVIOUSLY PAID CONTRACTOR 958,686.35 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 4,181.52 6.00 SUBTOTAL-CONTRACTOR PAYMENTS 962,867.87 7.00 RETAINAGE ON PREVIOUS EARNINGS 50,457.18 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 220.08 9.00 SUBTOTAL-RETAINAGE 50,677.26 10.00 SALES TAX PREVIOUSLY PAID 16,057.42 11.00 SALES TAX DUE THIS ESTIMATE 0.00 12.00 SUBTOTAL-SALES TAX 16,057.42 * (95%nxLINLI) ** (RETAINAGE:5%) GRAND TOTAL: 1,029,602.55 `1rwr wt FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR(Lines 5 and 11): Transportation-Street Overlay ACCOUNT 317.012108.016.5950.0030.67.000000[25207]5354 4,181.52 #3 RETAINED AMOUNT(Line 8): 4,181.52 Transportation-Street Overlay ACCOUNT 317.012108.016.5950.0030.67.000000[25207]5354 220.08 #3 220.08 TOTAL THIS ESTIMATE: 4,401.60 13a'� CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID ',know OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: Project: 2006 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 06-092 Closing Date: 2/2/2007 Contractor: Western Asphalt, Inc. Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount SCHEDULE"A" 001. Mobilization Lump Sum 1.00 $15,680.00 1.00 $15,680.00 0.00 $0.00 1.00 $15,680.00 002. Traffic Control Lump Sum 1.00 $8,960.00 1.00 $8,960.00 0.00 $0.00 1.00 $8,960.00 003. Rehabilitate Ripley Lane Trail Lump Sum 1.00 $30,240.00 1.00 $30,240.00 0.00 $0.00 1.00 $30,240.00, 004. Asphalt Concrete Paving(Overlay) Ton 1,183.00 $71.68 947.70 $67,931.14 0.00 $0.00 947.70 $67,931.14 HMA Class 1/2"PG 64-22 005. Removal of Asphalt Concrete Square Yard 6,724.00 $3.08 7126.00 $21,948.08 0.00 $0.00 7126.00 $21,948.08 Pavement(by Cold Planing) 006. Adjust Manhole Each 16.00 $296.80 30.00 $8,904.00 0.00 $0.00 30.00 $8,904.00 007. Adjust Valve Box Each 37.00 $201.60 66.00 $13,305.60 0.00 $0.00 66.00 $13,305.60 008. Adjust Catch Basin Each 2.00 $296.80 2.00 $593.60 0.00 $0.00 2.00 $593.60 009. Plastic Crosswalk Linear Foot 770.00 $4.48 1430.00 $6,406.40 0.00 $0.00 1430.00 $6,406.40 (8"Wide) 010. Plastic Stop Bar(18"Wide) Linear Foot 78.00 $11.20 94.00 $1,052.80 0.00 $0.00 94.00 $1,052.80 011. 4" Raised Pavement Marker Each 180.00 $2.24 _ 158.00 $353.92 0.00 $0.00 158.00 $353.92 Type 1,White 012. 4"Raised Pavement Marker Each 24.00 $3.36 23.00 $77.28 0.00 $0.00 23.00 $77.28 Type 2e,White • . project: 2006 STREET OVERLAY WITH CURB RAMPS I Contract Number: CAG 06-092 1, Closing Date: 2/2/2007 Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 013. 4"Raised Pavement Marker Each 14.00 $3.36 12.00 $40.32 0.00 $0.00 12.00 $40.32 Type 2, Blue 014. Install Truncated Domes On Square Foot 72.00 $67.20 70.50 $4,737.60 0.00 $0.00 70.50 $4,737.60 Exising Curb Ramps 015. Finish and Clean Up Lump Sum 1.00 $2,240.00 1.00 $2,240.00 0.001 $0.00 1.00 $2,240.00 $0.00 $182,470.74 8.8%Sales Tax $0.00 $16,057.42 Total Schedule A $0.00 $198,528.16 J Project: 2006 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 06-092 Closing Date: 02/02/07 Contractor: Western Asphalt, Inc. Item Description Unit Est. Unit 1/25 2/2 ADJ. Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount SCHEDULE"B" 1 Mobilization Lump Sum 1.00 64,960.00 1.00 $64,960.00 0.00 $0.00 1.00 $64,960.00 2 Traffic Control Lump Sum 1.00 72,800.00 1.00 $72,800.00 0.00 $0.00 1.00 $72,800.00 3 Asphalt Concrete Paving(Overlay) Ton 7,626.00 64.96 7,104.28 $461,494.03 0.00 $0.00 7,104.28 $461,494.03 HMA Class 1/2"PG 64-22 4 Removal of Asphalt Concrete Square Yard 12,616.00 3.08 11,650.66 $35,884.03 0.00 $0.00 11,650.66 $35,884.03 Pavement(by Cold Planing) 5 Adjust Monument Each 30.00 201.60 35.00 $7,056.00 0.00 $0.00 35.00 $7,056.00 6 Adjust Manhole Each 110.00 296.80 113.00 $33,538.40 0.00 $0.00 113.00 $33,538.40 7 Adjust Valve Box Each 71.00 201.60 82.00 $16,531.20 0.00 $0.00 82.00 $16,531.20 8 Adjust Catch Basin Each 3.00 296.80 4.00 $1,187.20 0.00 $0.00 4.00 $1,187.20 9 Adjust Meter Box Each 1.00 296.80 2.00 $593.60 0.00 $0.00 2.00 $593.60 10 4"Raised Pavement Marker Each 2,252.00 1.68 2,255.00 $3,788.40 0.00 $0.00 2,255.00 $3,788.40 Type 1,Yellow 11 4"Raised Pavement Marker Each 216.00 1.68 214.00 $359.52 0.00 $0.00 214.00 $359.52 Type 2d,Yellow 12 4"Raised Pavement Marker Each 903.00 3.36 881.00 $2,960.16 0.00 $0.00 881.00 $2,960.16 Type 1,White 13 4"Raised Pavement Marker Each 133.00 3.36 135.00 $453.60 0.00 $0.00 135.00 $453.60 Type 2e,White 14 4"Raised Pavement Marker Each 41.00 11.20 32.00 5.00 13.00 $145.60 37.00 $414.40 50.00 $560.00 Type 2, Blue Project: 2006 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 06-092 Closing Date: 02/02/07 Contractor: rn Asphalt,Inc. ( ( . Item Description Unit Est. Unit 1/25 2/2 ADJ. Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 15 Plastic Crosswalk Linear Foot 640.00 1.79 1,300.00 $2,327.00 0.00 $0.00 1,300.00 $2,327.00 (8"Wide) 16 Plastic Stop Bar(18"Wide) Linear Foot 232.00 3.92 228.00 $893.76 0.00 $0.00 228.00 $893.76 17 Plastic Arrow Each 24.00 47.04 25.00 $1,176.00 0.00 $0.00 25.00 $1,176.00 18 Plastic Parking Stall Markings Linear Foot 1,000.00 5.60 776.00 $4,345.60 0.00 $0.00. 776.00 $4,345.60 (4"Wide) 19 Induction Loops Each 22.00 420.00 22.00 $9,240.00 0.00 $0.00 22.00 $9,240.00 20 4"White Edge of Road Line Linear Foot 250.00 0.56 291.00 $162.96 0.00 $0.00 291.00 $162.96 21 Curb Ramp,Cement Concrete,Type 2 Each 21.00 2,520.00 20.00 $50,400.00 0.00 $0.00, 20.00 $50,400.00 22 Curb Ramp,Cement Concrete,Type 3 Each 6.00 2,665.60 7.00 $18,659.20 0.00 $0.00 7.00 $18,659.20 23 Install Truncated Domes On Square Foot 152.00 61.60 130.00 $8,008.00 0.00, $0.00 130.00 $8,008.00 Exising Curb Ramps 24 Sawcut Concrete 4-6" Linear Foot 7.00 5.60 0.00 $0.00 0.00. $0.00 0.00 $0.00 25 Sawcut Asphalt 4-8" Linear Foot 49.00 5.60_ 24.00 $134.40 0.00 $0.00 24.00 $134.40 26 Crushed Surfacing Top Course Ton 30.00 39.20 25.55 $1,001.56 0.00 $0.00, 25.55 $1,001.56 27 Remove Concrete Curb and Gutter Linear Foot 55.00 5.60 152.00 $851.20 0.00 $0.00 152.00 $851.20 28 Remove Concrete Sidewalk or Curb Ramp Square Yard 26.00 13.44 60.00 $806.40 0.00 $0.00 60.00 $806.40 Project: 2006 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 06-092 Closing Date: 02/02/07 Contractor: Western Asphalt, Inc. Item Description Unit Est. Unit 1/25 2/2 ADJ. Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 29 Remove Asphalt at Curb and Gutter Square Yard 12.00 22.40 42.00 7.00 $156.80 42.00 $940.80 49.00 $1,097.60 30 Concrete Curb and Gutter Linear Foot 55.00 39.20 220.50 $8,643.60 0.00 $0.00 220.50 $8,643.60 31 Cement Concrete Sidewalk Square Yard 26.00 60.48 192.00 $11,612.16 0.00 $0.00 192.00 $11,612.16 32 Asphalt Concrete Patch at Curb&Gutter Ton 27.00 122.40 20.00 $2,448.00 0.00 $0.00 20.00 $2,448.00 HMA Class 1/2"PG 64-22 33 Seeding and Fertilizing Square Yard 30.00 22.40 36.00 0.00 $0.00 36.00 $806.40 36.00 $806.40 34 Topsoil,Type A Cubic Yard 10.00 69.44 10.00 $694.40 0.00 $0.00 10.00 $694.40 35 Temporary Water Pollution/Erosion Control Lump Sum 1.00 1,120.00 1.00 $1,120.00 $0.00 1.00 $1,120.00 36 Finish and Clean Up Lump Sum 1.00 4,480.00 0.50 0.50 $2,240.00 0.50 $2,240.00 1.00 $4,480.00 Total Schedule B $4,401.60 $831,074.38 Total All Schedules(A+B) $4101.60_ $1,022,9,602.55 STATE State of Washington Reg.No.: a4 Department of Revenue Audit Procedures&Administration Date: March 2, 2007 yr PO Box 47474 �'L Olympia, Washington 98504-7474 7 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract 2006 Street Overlay with Curb Ramps CAG-06-092 Contractor's Western Asphalt, Inc. Telephone No. Name (206) 624-4433 Contractor's Address P.O. Box 980 Maple Valley,WA 98038 Date Work Commenced Date Work Completed Date Work Accepted August 10, 2006 February 2, 2007 February 2, 2007 Surety or Bonding Co. Travelers Casualty and Surety Company of America Agent's Address Holly Ulfers 601 Union Street.Suite 1000 Seattle, Wa. 98101-4064 Contract Amount: $1,048,553.89 Amount $ 978,925.29 Disbursed: Additions or $ --35008.76 Amount $ 50,677.26 Reductions: Retained: Sales Tax: $ 16,057.42 Total: $1,029,602.55 Total $1,029,602.55 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 *lior MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) H:forms/notcomplt/ CITY OF RENTON COUNCIL AGENDA BILL AI#: i Submitting Data: For Agenda of: Dept/Div/Board.. PBPW/Utility Systems/Surface March 19, 2007 Water Utility Staff Contact Ron Straka, x7248 Agenda Status Steve Lee, x7205 Consent X Subject: Public Hearing.. Engineering Consultant Agreement to Implement the Correspondence.. 2007 Monitoring Plan for the USACE Cedar River Ordinance Section 205 Flood Damage Reduction Project Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Consultant Contract Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: • • Expenditure Required... $109,071.53 Transfer/Amendment Amount Budgeted $109,071.53 Revenue Generated Total Project Budget $250,000.00 City Share Total Project SUMMARY OF ACTION: As part of the necessary permit conditions for the Cedar River Section 205 Flood Damage Reduction project, the City and USACE developed a detailed biological and physical monitoring plan. Implementation of the plan, which is also a permit condition, will afford field verification of predicted project impacts and mitigation benefits on key species (i.e. sockeye and Chinook salmon, longfin smelt, etc.). The City is responsible for ensuring that the plan is successfully implemented each year, until completion. The 2007 monitoring work includes surveys of adult spawning in the lower Cedar River and constructed spawning channels, fry production, monitoring performance standards and maintenance plan in the Elliott Spawning Channel, and physical surveys at the Landsburg Gravel Supplementation mitigation site. Project funding of$250,000 is appropriated in the Lower Cedar River Sediment Management Program account, in the approved 2007 Surface Water Utility Capital Improvement Program budget (427.000600.018.5960.0038.65.065095). Golder Associates, Inc., is included on the 2007 Utility Systems Annual Consultant Roster and has conducted the required monitoring in prior years. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with Golder Associates, Inc., in the amount of$109,071.53, to assist with the implementation of the 2007 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project. II:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2817 Cedar River Section 205 Project\10.0-Monitoring\10.01 - Scope of Work\GolderContract2007\2007GolderAgendaBill.doc\SLmd C.)ti`SY O� PLANNING/BUILDING/ ,� PUBLIC WORKS DEPARTMENT se‘P•z MEMORANDUM DATE: March 7, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: —�`" Kathy Keolker, Mayor FROM: Gregg Zimmerman,Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Steve Lee, Surface Water Utility Engineer(ext. 7205) SUBJECT: Engineering Consultant Agreement with Golder Associates, Inc. for Implementation of the 2007 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction Project. • ISSUE: ,,kr,,,. Should City Council approve the Engineering Consultant Agreement to implement the 2007 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project? RECOMMENDATION: Approve the Engineering Consultant Agreement with Golder Associates, Inc., in the amount of$109,071.53, to assist with the implementation of the 2007 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project. BACKGROUND SUMMARY: As part of the permit conditions associated with the USACE Cedar River Section 205 Flood Damage Reduction project, the City and USACE developed a detailed post- construction monitoring plan. Implementation of the plan, which is also a permit condition, will afford field verification of predicted project impacts and mitigation benefits on key species (i.e. sockeye and Chinook salmon, longfin smelt, etc.). The City is responsible for ensuring that the plan is successfully implemented on an annual basis. The overall monitoring plan(associated with the 1998 dredging and related mitigation projects) consists of 10 activities as shown in Table 1 (attached). Currently, eight of the 10 activities have been completed. It is important to note that the extension of certain ter, monitoring activities (i.e. spawner surveys in lower river and side-channels) beyond the Council/2007 Monitoring Cedar River March 7,2007 Page 2 of 2 permit condition is recommended. The adult spawner surveys in the lower Cedar River document actual spawning that is occurring in the area where the past dredging took place and where future maintenance dredging will need to be performed. This information is critical for the permitting of the next maintenance dredge, in order to establish impacts and avoid the need to collect the data as part of the permitting process, which could delay the next maintenance dredge. The spawner and fry outmigration survey monitoring that is performed at the Elliott Spawning Channel is used to document increased productivity due to higher survival rates. This information shows that the mitigation for the impacts for the initial dredging has been satisfied. The data is also used to determine the amount of mitigation that exceeds the impacts of the initial dredging that can be "banked" and used as mitigation credits for the next maintenance dredge. The additional monitoring may avoid the need to provide additional mitigation as part of a future maintenance dredge and expedite the permitting process. A list and brief description of the monitoring activities included in the 2007 Monitoring Plan are shown in Table 2 (attached). The scope of work, timeline, and cost estimate for the 2007 Monitoring Plan is included in the Engineering Consultant Agreement. The Surface Water Utility has sufficient funding to support implementation of the 2007 Monitoring Plan in the approved 2007 Surface Water Utility Capital Improvement Program budget. Project funding of$250,000 is appropriated in the Lower Cedar River Sediment Management Program account (427.000600.018.5960.0038.65.065095). Golder Associates, Inc., is included on the 2007 Utility Systems Annual Consultant Roster and has conducted the required monitoring in prior years. CONCLUSION: The Surface Water Utility recommends the City Council authorize the Mayor and City Clerk to sign the Engineering Consultant Agreement with Golder Associates, Inc., to implement the 2007 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction project. Attachments cc: Lys Hornsby,Utility Systems Director H:1File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2817 Cedar River Section 205 Project\10.0-Monitoring\10.01 -Scope of Work\GolderContract2007\2007GolderlssuePaper.doc\SLmd TABLE 1 2007 MONITORING PLAN ACTIVITIES - STATUS Monitoring Actual Estimated Activity Description Start or Actual Completed? Date End Date 1 Vegetation 1998 2006 Yes 2 Bird Use 1999 2000 Yes 3 Salmonid Use of Maplewood Revetment 1999 2000 Yes 4 Cedar River Spawning 1998 2005 No * 5 Salmonid Predation 1999 2000 Yes 6 Longfin Smelt 1999 2002 Yes 7 _ Scour Chains 1998 2000 Yes 8 Landsburg Gravel Supplementation 2000 2010 No 9 Elliott-Side Channel 2000 2005 No * * = Requirements have been completed, but the City is still monitoring these activities. HPA negotiations are still ongoing; therefore, continued monitoring is to the City's advantage. TABLE 2 2007 MONITORING ACTIVITIES - TASKS AND OBJECTIVES Awe Monitoring Description Task and Objective Activity (Per Table 1) 4 Cedar River Monitor the number of sockeye and redds (i.e. egg nests) Spawning in the Cedar River between Lake Washington and I-405 to determine if the lower river escapement goal has been met. 8 Landsburg Monitor the river channel below the Landsburg bridge to Physical Surveys determine if supplanted spawning gravel was transported downstream. 9 Elliott Side- Monitor the spawning activity and rearing activity within Channel Rearing the proposed side-channel (that will replace the 205 Groundwater Channel) to determine if spawning goals have been met and salmonids other than sockeye are utilizing the channel. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2817 Cedar River Section 205 Project\10.0- Monitoring\10.01-Scope of Work\GolderContract2007\2007GolderIssuePaperTABLE I and2.doc\SLmd ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of 2007, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED TIIE "CffY," and Golder Associates, Inc. whose address is 15300 NE Union Hill Road, Suite 200, Redmond, WA 98052-3333, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: 2007 CEDAR RIVER SECTION 205 PROJECT, MONITORING CONSULTANT CONTRACT WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project,and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be 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 Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW TI IEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant 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 Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations,guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant_City Contract.doc\tSTI. /2006_Consultant.doc Approved 02/06 bb/rev0906 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. Nouse 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." *we 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the 'Nay Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 IV OWNERSHIP OF PRODUCTS ANI) DOCUMENTS TO BE FURNISHED BY THE CONSULTANT ,+> Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings,photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services arc to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If. after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. 41409` Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant_City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 VI PAYMENT *lime The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$ 109,071.53 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non-salary cost. I. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. T'he direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C' are determined as 171.8 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, *ow including, but not limited to travel, reproduction, telephone, supplies,and fees of outside consultants. The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 12% percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at ,,,the time extra work is authorized. (Section VIII"EXTRA WORK"). C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature,related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. „E' VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, 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 in its 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 Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant 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 C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 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 Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall 444ape he the sole obligation and responsibility of the Consultant. The Consultant shall not 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, without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant 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 or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non- Discrimination provision, this Agreement may be terminated by the City and further that the Consultant 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. XI TERMINATION OF AGREEMENT Now A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member,partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant 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 Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. *wow C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\0LK25\070228-Doc-2007 Consultant City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 • C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement. plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for ally authorized extra work completed. No payment shall be made for any work completed atter ten(10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party 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. XIII LEGAL RELATIONS The Consultant 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. C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant City Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 The Consultant 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 Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based 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 Consultant's agents or employees and(b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability,property damage, auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S)policy, with that coverage being primary and non-contributory with any other policy(ies)available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days'written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant_City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 XVI 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. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON ---1r/ti i , 1 Signature ) Da4e Kathy Keolker, Mayor Date Doug Dunster type or print name ATTEST: Managing Principal Title Bonnie I. Walton, City Clerk NIS C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant_City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 Golder Associates Inc. s 18300 NE Union Hill Road,Suite 200 Golder Redmond,WA USA 98052-3333 P ® eS Telephone(425)883-0777-0777 �Sa Fax(425)882-5498 www.golder.com Exhibit A—Scope of Work February 23, 2007 Our Ref: P07-1100014 City of Renton Utility Systems Division-Surface Water 1055 South Grady Way Renton, Washington 98055 Attention: Steve Lee, P.E., Project Manager, RE: CEDAR RIVER MONITORING 2007 Dear Mr. Lee: The following is a scope of work prepared by Golder Associates Inc. (Golder) to complete fisheries monitoring activities during 2007 on the Cedar River, in Renton, Washington. The monitoring is required to demonstrate that proposed mitigation actions adequately address any significant environmental impacts from the US Army Corps of Engineers (USACE) Cedar River Section 205 Flood Damage Reduction Project implemented by the USACE and the City of Renton. The following includes a proposed scope-of-work and budget to complete the fieldwork and reports for this project. SCOPE OF WORK The following is a list of tasks that will be completed to successfully perform each monitoring component. Task 100: Project Management: This task includes tracking project budget and submitting a "percent task completed"update with each invoice to the City of Renton. It will also involve periodic discussions with the City of Renton, and other agencies involved in similar work on the Cedar River. Task 200: Fry production in Elliot Rearing/Spawning Channel: This task includes use of fyke nets to assess sockeye fry emergence and outmigration from the side-channel to determine survival-to-emergence of embryos from fall and winter spawning, and overall fry production from the side-channel. Fry outmigration will be monitored two nights per week from March through May. Secondary objectives include characterization of emergence and outmigration timing, use of side-channels by other salmonids, and use of side-channel by non-salmonid fishes. Task 300: Landsburg Physical Surveys: This task's objective is to determine channel changes after gravel supplementation, consistent with previous years' methods. It includes five cross-sectional river surveys, and five Wolman pebble counts. Task 300 also includes snorkel surveys to determine if adult steelhead or chinook spawners are in '_w the gravel placement area, and turbidity monitoring during gravel placement. 022307pc1-Renton contract Itr.doc City of Renton February 23, 2007 Mr. Steve Lee -2- P07-1100014 Task 400: Lower Cedar River Sockeye Spawning. The objective of spawning surveys is to determine the location and number of sockeye and chinook redds between the mouth of the Cedar River at Lake Washington and the I-405 Bridge. Three surveys will be conducted during the course of the spawning season. Redds and fish will be counted on surveys at the spawning peak in the third week of October, and three weeks before and after this peak. Survey dates will be determined as flow and visibility allow. This task will take two biologists one field day for each survey. Redds and fish will be counted in between-bridge segments, consistent with previous years. Task 500: Elliot Rearing/Spawning Side-Channel Spawning Surveys. Surveys will be conducted to determine the total number of live fish, and redd locations. We will conduct 12 weekly surveys over the course of the spawning season; dates will be determined as flow and visibility allow. Task 600: Report Preparation. This task includes the preparation of one draft and one final report that summarizes data collected from tasks 200 through 600. Three reports will be prepared: 1. Results of fry monitoring. 2. Results of Landsburg physical surveys. 3. Results of lower main stem'and side-channel sockeye spawning surveys. Each report will be submitted within 60 days following completion of the last monitoring date for each task. Task 700: HPA Discussions and Elliot Side-Channel Performance Standards and Maintenance Plan. This task includes participation in meetings with the Washington Department of Fish and Wildlife for purposes related to City of Renton Hydraulic Project Approval permitting, and for preparation of performance standards and a maintenance plan for the Elliot Side-Channel to be able to continue receiving mitigation credit. ASSUMPTIONS • Golder staff will have access to the site for field visits. Please note that if further research or monitoring is required, Golder will notify the City of Renton and discuss both scope and budget modifications. ESTIMATED COST We will complete the scope of work for an estimated fee of$109,071.53. The estimated costs and timeline to complete the proposed scope of work are detailed and presented in Attachments A and B. The contract for this work is also attached. Upon your approval, please sign and return a copy for our records. +rrd0. 022307pc1-Renton contract Itr.doc Golder Associates City of Renton February 23, 2007 Mr. Steve Lee -3- P07-1100014 **ar,. We trust the foregoing is satisfactory for your current needs. If you should have any questions or require additional information,please do not hesitate to call us at(425) 883-0777. Sincerely, GOLDER ASSOCIATES INC. rt44.4 Robert Anderson Paul Conrecode Principal Senior Project Fisheries Biologist Attachments RA/PC/se 'ter Nape 022307pc1-Renton contract Itr.doc Golder Associates February 23,2007 P07-1100014 Page 1 of 2 EXHIBIT B 2007 Cedar River Monitoring Timeline January February March April May June 2007 2007 2007 2007 2007 2007 Task 100 Pro'ect Mana:ement Task 200111111' Fry Monitoring � '� � �" � ' Task 300 llIlIaiIllaulllI••l liii Task 300:Ph sical Surve s Lo .�,,,■,,..,, ..,■■.,.,.. Lowwerr River S.awnint Surve s 0 Task 500 0 Side Channel Spawning Surveys ..,,,.,,..,, ..,...,.,.. G. PTask A DiscOWriting ..,, ,,..,1...,■..,. 111 Task 700 A HPA Discussions and Elliot Side-Channel Performance Standards1111111111111111 and Maintenance Plan. 022307 'bit B.doc ( ( ( ., February 23, 2007 P07-1100014 Page 2 of 2 EXHIBIT B 2007 Cedar River Monitoring Timeline July August September October November December 2007 2007 2007 2007 2007 2007 Task 100 Pro ect Mana:ement Fry Monitoring uneniiuinnirniiauu Task 300 II IIIIIIIRIUIRINIIIR Landsbur:Ph sical Surve s Lor IIIIIIIIIIIIIIIII Lower River Spawning Surveys p Task 500 O Side-Channel Spawning Surveys 111111111 Task 600 II H Report Writing 11111111 IllIlIflhll o Task 700 G HPA Discussions and Elliot Side-Channel Performance Standards and111111111111111 ii Maintenance Plan. en 022307pc2-Exhibit B.doc EXHIBIT C COST ESTIMATE + (See Scope of Work) sfted C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant City Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bldrev0906 Februa( ', 2007 P07-1100014 City of Renton - Surface Water Utility Proposal P07-1100014: 2007 Cedar River Fisheries Monitoring Task 100 - Project Management Direct Salary Costs Personnel Hours Rate Estimated Cost Senior Project 104 $33.30 $3,463.20 Salary Total $3,463.20 $3,463.20 Other Direct Costs Estimated Cost Item Mileage (160 miles x $0.485/mile) 160 $0.49 $77.60 Subtotal Other Direct Costs $77.60 $77.60 TOTAL TASK 100 COST $3,540.80 Task 200 - Fry Monitoring Direct Salary Costs Sub-task-fyke netting Personnel Hours Rate Estimated Cost Senior Project 252 $33.30 $8,391.60 Staff 252 $24.10 $6,073.20 Sub-task- net clean-up and mending Senior Project 4 $33.30 $133.20 Staff 4 $24.10 $96.40 Sub-task- data entry, OA/QC Staff 12 $24.10 $289.20 Salary Total $14.983.60 $14,983.60 Other Direct Costs 3/2/2007 2007 Cedar River Monitoring Proposal -1 (2) February 12, 2007 P07-1100014 Item Equipment(rental period: 24 days) Quantity Cost Estimated Cost fyke nets ($35.00/day) I $840.00 $840.00 hand-held thermometers ($1.00/day) 1 $24.00 $24.00 hand nets 3 $15.00 $45.00 test tubes 1 .$9.00 $9.00 1st aid kit($0.50/day) 1 $12.00 $12.00 head lamps($0.50/day) 4 $48.00 $192.00 chest waders ($7.50/day) 24 $7.50 $180.00 wood stakes 32 $0.90 $28.80 sledgehammer($0.50/day) 24 $0.50 $12.00 equipment storage space 3 $70.00 $210.00 Subtotal: $1,552.80 Golder handling: 15% $232.92 Mileage(1960 miles x $0.485/mile) 1960 $0.49 $950.60 photocopies (field forms) 40 $0.50 $20.00 Subtotal Other Direct Costs $2,756.32 $2,756.32 TOTAL TASK 200 COST $17,739.92 Task 300 - Landsburg Physical Surveys Direct Salary Costs Sub-task- cross-sections Personnel Hours Rath Estimated Cost Senior Project 50 $33.30 $1,665.00 Project Engineer 24 $33.30 $799.20 Sub-task-pebble count Senior Project 10 $33.30 $333.00 Staff 10 $24.10 $241.00 3/2/2007 2007 Cedar River Monitoring Prop -1 (2) Febru4 , 2007 P07-1100014 Sub-task- snorkel survey and water quality monitoring Senior Project 40 $33.30 $1,332.00 Staff 20 $24.10 $482.00 Salary Total $4,852.20 $4,852.20 Other Direct Costs Item Equipment Quantity Cost Estimated Cost surveying equipment 3 $80.00 $240.00 chest waders($7.50/day) 6 $7.50 $45.00 wood stakes 12 $0.90 $10.80 field notebooks 2 $5.00 $10.00 sledgehammer($0.50/day) 1 $0.50 $0.50 surface drysuit, snorkel, mask, gloves, booties 1 $100.00 $100.00 Subtotal: $406.30 Golder handling: 15°A $60.95 Mileage(700 miles x$0.485/mile) 700 $0.49 $0.49 1 CAD/Graphics 16 $25.00 $400.00 Subtotal Other Direct Costs $867.73 $867.73 TOTAL TASK 300 COST $5,719.93 Task 400 -Lower Cedar River Spawner Surveys Direct Salary Costs Personnel Hours Rate Estimated Cost Senior Project 30 $33.30 $999.00 Staff 30 $24.10 $723.00 Salary Total $1,722.00 $1,722.00 3/2/2007 2007 Cedar River Monitoring Proposal -1 (2) February 12, 2007 P07-1100014 Other Direct Costs Item Equipment Quantity Cost Estimated Cost chest waders ($7.50/day) 10 $7.50 $75.00 field forms (aerial photos on all-weather paper) 24 $4.00 $96.00 Subtotal: $171.00 Golder handling: 15°o $25.65 Mileage (180 miles x $0.485/mile) 180 $0.49 $87.30 Subtotal Other Direct Costs $283.95 $283.95 TOTAL TASK 400 COST $2,005.95 Task 500 -Side-Channel Spawner Surveys Direct Salary Costs Personnel Hours Rate Estimated Cost Senior Project 80 $33.30 $2,664.00 Salary Total $2,664.00 $2,664.00 Other Direct Costs Item Equipment Quantity Cost Estimated Cost hand-held thermometers ($1.00/day) 13 $1.00 $13.00 chest waders ($7.50/day) 13 $7.50 $97.50 field forms (plan drawings on all-weather paper) 13 $4.00 $52.00 Subtotal: $162.50 Golder handling: 15°% $24.38 Mileage(450 miles x $0.485/mile) 450 $0.49 $218.25 Subtotal Other Direct Costs $405.13 $405.13 3/2/2007 2007 Cedar River Monitoring Prop( ' -1 (2) Februa( 2007 P07-1100014 TOTAL TASK 500 COST $3,069.13 Task 600 -Report writing Direct Salary Costs Personnel Hours Rate Estimated Cost Associate 12 $51.35 $616.20 Senior Project 80 $33.30 $2,664.00 GIS/CAD/Graphics 12 $25.00 $300.00 Clerical 12 $22.00 $264.00 Salary Total $3,844.20 $3,844.20 Other Direct Costs Item Quantity Cost Estimated Cost photocopies, postage, phone/fax 1 $400.00 $400.00 Subtotal Other Direct Costs $400.00 $400.00 TOTAL TASK 600 COST $4,244.20 Task 700 -HPA Discussion,Elliot Side- Channel Performance Standards and Maintenance Plan Direct Salary Costs Personnel Hours Rate Estimated Cost Sub-task- HPA Discussion Senior Project 16 $33.30 $532.80 CAD/Graphics/Clerical 2 $25.00 850.00 Sub-task- Elliot Side-Channel Performance Standards Associate 4 $51.35 8205.40 3/2/2007 2007 Cedar River Monitoring Proposal -1 (2) February 12, 2007 P07-1100014 Senior Project 24 $33.30 $799.20 CAD/Graphics 1 $25.00 $25.00 Sub-task- Elliot Side-Channel Maintenance Plan Associate 4 $51.35 $205.40 Senior Project 24 $33.30 $799.20 CAD/Graphics 1 $25.00 $25.00 Salary Total $2,642.00 $2,642.00 Other Direct Costs Item Equipment Quantity Cost Estimated Cost Mileage(120 miles x $0.485/mile) 120 $0.49 $58.20 CAD/Graphics 8 525.00 $200.00 Subtotal Other Direct Costs $258.20 $258.20 TOTAL TASK 700 COST $2,900.20 TOTAL DIRECT SALARY COSTS $34,171.20 TOTAL OTHER DIRECT COSTS $5.048.93 Direct Salary * Overhead (171.8%) $58,706.12 Sub Total $92,877.32 Sub Total * Fee(12%) $11345.28 Total $104,022.60 Other Direct Costs $5,048.93 Grand Total $109,071.53 3/2/2007 2007 Cedar River Monitoring Prop ' -1 (2) EXHIBIT C (cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES "Iwo BREAKDOWN OF OVERHEAD COST Profit Sharing FICA % Unemployment Compensation % Medical Aid and Industrial Insurance Company Insurance and Medical 0/0 Vacation, Holiday and Sick Leave State B & 0 Tax & Other Business Tax Insurance Administration and Time Unassignable _ Printing, Stationery and Supplies Travel Not Assignable Telephone and Telegraph Not Assignable Fees, Dues, Professional Meetings Utilities and Maintenance Rent Rental Equipment Office Miscellaneous, Postage Professional Services TOTAL Nosy, SUMMARY OF COSTS Project No. Name of Project Direct Salary Cost $ _ Overhead Cost(including payroll additives % $ Sub-Total $ Net Fee % $ Direct Non-Salary Costs: a. Travel and per diene $ b. Reproduction expenses $ c. Computer expense $ d. Outside consultants $ e. Other(specify) $ Total $ Sub Total $ GRAND TOTAL $ C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant_City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 V731Washington State Traeaspo tatican Building Department of Transportation 310 Maple Park Avenue S.E. Douglas B. MacDonaldP.O.Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 January 4, 2007 TTY: 1-800-833-6388 ww.w.wsdot wa.gov David Moler Golder Associates Inc. 3730 Chamblee Tucker Road Atlanta, Georgia 30341-4414 Re: Golder Associates Inc. Overhead Schedule FYE December 31, 2005 Dear Mr. Moler: The State of Alaska Department of Transportation &Public Facilities reviewed Golder Associates Inc. (Golder) overhead schedule for the fiscal year ended December 31, 2005 for compliance with the Federal Acquisition Regulations, 48 CFR. Alaska DOT accepted an overhead rate for FYE 2005 of 171.80%. Based on this desk review performed by Alaska DOT, we are issuing this letter of concurrence establishing Golder's overhead rate for FYE 2005 at 171.75% of direct labor. Costs billed to actual agreements will be subject to audit of actual costs. If you or any representative of Golder has any questions, please call Martha Roach at (360) 705-7006. Sincerely, -744,61 — Martha S. Roach External Audit Manager MR:db Enclosures cc: Steve McKetney Mike Kane, MS 47323 File Golder Associates Inc. Overhead Schedule Fiscal Year Ended December 31, 2005 AK Dot Adj. % of Amount Las Vegas Comp/Audit Unallowable Accepted Direct Description Per G/L Costs Adjustments Costs Ref. Costs Labor Direct Labor $32,314,411 ($549,903) ($88,237) $31,676,271 Payroll Burden: Group Insurance $4,235,746 ($51,208) $4,184,538 13.21% FICA Expense 3,872,006 (44,026) 3,827,980 12.08% Payroll Taxes 505,721 (5,966) 499,755 1.58% Salaries - Leave & Holiday 6,629,093 (59,873) 6,569,220 20.74% Pension Expense 2,361,252 (33,311) 2,327,941 7.35% Severance Costs 219,927 (23,420) 196,507 0.62% Total Payroll Burden $17,823,745 ($217,804) $17,605,941 55.58% Other Indirect Costs: Bad Debts $262,638 ($594) ($262,044) $0 0.00% Vehicle Operating 105,238 105,238 0.33% Data Processing 129,709 129,709 0.41% Depreciation 1,494,104 (1.237) 1,492,867 4.71% Donations 130,883 (130,883) 0 0.00% Drafting Expenses 84,562 84,562 0.27% Professional Dues & Fees 197,130 (302) 196,828 0.62% Field Expense 438,329 438,329 1.38% Seminars & Training 335,327 (250) 335,077 1.06% Page 2 Golder Associates Inc. Overhead Schedule Fiscal Year Ended December 31, 2005 AK Dot Adj. % of Amount Las Vegas Comp/Audis Unallowable Accepted Direct Description Per G/L Costs Adjustments Costs Ref. Costs Labor Insurance 1,752,424 (15,686) 1,736,738 5.48% Interest Expense 382,959 (382,959) (1) 0 0.00% Non Deductible Penalties 1,009 (1,009) (2) 0 0.00% Legal 2,526,715 (2,320,421)3)(4) 206,294 0.65% Audit Expense 256,648 256,648 0.81% Library & Publications 82,506 82,506 0.26% Employee Morale 271,624 (1 15) (271,509) 0 0.00% Employee Tuition Reimbursement 13,165 13,165 0.04% Physical Exams 109,600 109,600 0.35% Office Expense 312,806 (15,640) 297,166 0.94% Furniture Lease 3,721 3,721 0.01% Postage 91,842 91,842 0.29% Stationary Supplies & Mailing Costs 747,127 (344) 746,783 2.36% Copying, Computer& Off-Site Storage 1,962,471 (1,104) 1,961,367 6.19% Rent & Utilities 3,408,963 3,408,963 10.76% Maintenance & Repairs - Office 467,986 467,986 1.48% Business Taxes & Licenses 286,870 (2,850) 284,020 0.90% Temporary Help & Consultants 463,916 463,916 1.46% Marketing Expenses 651,877 (699) (651,178) 0 0.00% Meals & Entertainment 432,015 (1,635) (313,354) 117,026 0.37% Bids & Proposals (2,142) (2,142) -0.01% Relocation 186,332 (58,526) 127,806 0.40% Page 3 ( ( ( . Golder Associates Inc. Overhead Schedule Fiscal Year Ended December 31, 2005 AK Dot Adj. % of Amount Las Vegas Comp/Audis Unallowable Accepted Direct Description Per G/L Costs Adjustments Costs Ref. Costs Labor Recruiting 80,009 (30,012) 49,997 0.16% Conferences 502,018 (690) (50,133) 451,195 1.42% Telephone & Fax 1,220,464 (417) 1,220,047 3.85% Travel 2,072,216 (5,618) (123,321) 1,943,277 6.13% Salaries - Undistributed (2,697,488) 18,450 (2,679,038) -8.46% Salaries 19,635,749 (14,912) 19,620,837 61.94% Salaries - Bonus & Incentive Compensation 2,951,068 (971,542) 1,979,526 6.25% Amortization 367,351 (367,351) 0 0.00% Interest Income (8,773) (8,773) -0.03% Gain/Loss on Foreign Exchange & Sale of Assei (3,257) (3,257) -0.01% Miscellaneous Income (8,739) (8,739) -0.03% GAC Performance Comp Expense 785,925 785,925 2.48% State Income Tax Expense 108,131 108,131 0.34% Foreign Income Tax 116,631 (116,631) (5) 0 0.00% Washington B & O Tax 185,434 185,434 0.59% AIP Discounts (1,035) (1,035) 0.00% Total Other Indirect Costs $42,894,058 ($28,003) ($3,245,493) ($2,821,020) $36,799,542 116.17% Total Indirect Costs $60,717,803 ($245,807) ($3,245,493) ($2,821,020) $54,405,483 171.75% Overhead Rate 187.90% 171.75% Page 4 Golder Associates Inc. Overhead Schedule Fiscal Year Ended December 31, 2005 AK Dot Adj. % of Amount Las Vegas Comp/Audit Unallowable Accepted Direct Description Per G/L Costs Adjustments Costs Ref. Costs Labor Golder-Reviewed& Accepted- 1/4/06 CG Desk Review completed by Alaska DOT References: (1) 31.205-20 Interest and other financial costs. (2) 31.205-15 Fines,penalties, and mischarging costs. (3) 31.205-3 Bad debts. (4) 31.202 - Direct costs. (5) 31.205-41 Taxes. Page 5 RESOLUTION NO. 3229 Now CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITII HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, *tow department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall he distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996. CITY OF RENTON: RENTON CITY COUNCIL: Mayor Council President Attest: rir City Cler! W C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007Consultant_City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 ‘`C 1 • rJ .: dt ,l1 AFFIDAVIT OF COMPLIANCE Golder Associates Inc. hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is Golder Associates Inc. policy to offer equal (Name of contractor/subcontractoriconsultant%supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. Golder Associates Inc. complies with all applicable federal, ( Name ofcontractor/subcontractor/consultaut':upplicr) state and local laws governing non-discrimination in employment. II. When applicable, Golder Associciates Inc. _will seek out and (Name of contractor,suhcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. Doug Dunster—Managing Principal Print-Agent/Representative's Name and Title L 'r % Agegt/Rep'esentative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. C:\Documents and Settings\sduncan\Local Settings\Temporary Internet Files\OLK25\070228-Doc-2007 Consultant_City_Contract.doc\tSTL /2006_Consultant.doc Approved 02/06 bh/rev0906 CITY OF RENTON COUNCIL AGENDA BILL AI #: I Submitting Data: For Agenda of: Dept/Div/BoardPBPW/Utility Systems March 19, 2007 Staff Contact Gregg Zimmerman Agenda Status Ron Straka(x-7248) Consent X Subject: Public Hearing.. Interlocal Agreement for Legal Services - Phase II Correspondence Municipal Stormwater Permit Appeal Ordinance Resolution X Old Business Exhibits: New Business Interlocal Agreement Study Sessions Resolution Information Recommended Action: Approvals: •Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $8,333.33 Transfer/Amendment Amount Budgeted $8,500 Revenue Generated Total Project Budget $50,500 City Share Total Project.. $8,333.33 SUMMARY OF ACTION: A coalition of 33 governmental entities within the state are entering into an interlocal agreement to fund the legal services associated with appealing the Western and Eastern Washington National Pollutant Discharge Elimination Phase II Municipal Stormwater Permits, issued by the Washington State Department of Ecology(Ecology) on January 17, 2007. The City's share of the costs associated with the legal services, to be provided by Foster Pepper PLLC, (estimated to total $275,000) is $8,333.33. The Surface Water Utility's 407 Fund includes $50.500 for professional services, which will be used to fund the City's share of the Interlocal Agreement. Phase II governmental entities had been working with Ecology for several years to develop a permit with reasonable requirements and cost impacts to citizens, which also achieved the goal of protecting water quality. Unfortunately, the members of the coalition have found it necessary to appeal the permit due to Ecology imposing standards that go beyond the federal standards; that will be costly to comply with; difficult to demonstrate compliance due to the type of requirements; and provide little protection from liability and third party lawsuits. For these reasons, the City's participation in the appeal is recommended as a steward of public funds since the costs to comply with the permit requirements will have to be funded by the citizens of Renton. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign the Interlocal Agreement with the coalition of governmental entities to fund the City's share of the legal services up to $8,333.33, to be provided by Foster Pepper PLLC, to participate in the appeal of the Phase II Municipal Stormwater Permit. H:\File Sys\SWA-Surface Water Section Administration\SWA 12-Legal\NPDES PH 2 Permit Appea1\1200 Agreements\070219 ILA Agnhill.doc\RStp mrd INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ANACORTES, AUBURN, BELLEVUE, BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY, BURIEN, BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT, FEDERAL WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW, MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH, SEATAC, SUMNER, UNIVERSITY PLACE AND VANCOUVER AND KITSAP COUNTY REGARDING LEGAL SERVICES THIS INTERLOCAL AGREEMENT("Agreement") is entered into between the Cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley, Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest, Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner, University Place, Vancouver, and Kitsap County and any other Phase II Permittees that might join this Coalition of Governmental Entities (collectively, "Coalition"). RECITALS Noisy 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 February 16, 2007, the effective date of the DOE Standards. Members of the Coalition wish to retain outside counsel (Counsel) "fire NPDES INTERLOCAL AGREEMENT Page 1 of 15 to represent the Coalition in said legal challenge(s)and wish to collectively pay Counsel as further set forth below. , IS 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 (Legal Services)to represent the Coalition's interests in any legal challenges to the NPDES Phase II permits (Litigation). 2. Duration: This Agreement shall be effective January 25, 2007, 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. ,4000 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 equally by all Coalition regardless of a member of the Coalition's population or nature or any other factor distinguishing it from another member of the Coalition. 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 NPDES INTERLOCAL AGREEMENT Page 2 of 15 costs up to a total of$275,000. Additional fees and/or costs may be approved by ,,,im,,, written amendment to this Agreement by Coalition. 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 33 governmental entities have committed to joining this appeal; therefore the proportionate share of each member of the Coalition is $8,333.33. 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, the proportionate share of each member of the Coalition shall be reduced accordingly. In the event fewer governmental agencies participate in this Agreement or terminate their participation, the proportionate share of each remaining participating member of the Coalition shall increase accordingly. 4.4 While it is recognized that some members of the Coalition may not be able to sign this Agreement before February 16, 2007, 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 and signs this Agreement agrees to pay for Legal Services performed as of January 25, 2007, 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 three months 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. 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 Niso, Agreement with respect to other members of the Coalition. NPDES INTERLOCAL AGREEMENT Page 3 of 15 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 Legal Services shall be equally divided among the members of the Coalition. 6. Miscellaneous: 6.1 Amendments. 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 ,, NPDES INTERLOCAL AGREEMENT Page 4 of 15 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 January 25, 2007. 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. 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 February , 2007. ANACORTES: AUBURN: CITY OF ANACORTES CITY OF AUBURN By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Atari (____) - (Telephone) ( ) - (Telephone) NPDES INTERLOCAL AGREEMENT Page 5 of 15 ( ) - (Facsimile) ( ) - (Facsimile) ' APPROVED AS TO FORM: APPROVED AS TO FORM: BELLEVUE BELLINGHAM: CITY OF BELLEVUE ' CITY OF BELLINGHAM By: By: ti.r+° Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: BOTHELL BREMERTON: CITY OF BOTHELL CITY OF BREMERTON NPDES INTERLOCAL AGREEMENT Page 6 of 15 ,,ons",. By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) (_) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: `ter, BUCKLEY: BURIEN: CITY OF BUCKLEY CITY OF BURIEN By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: NPDES INTERLOCAL AGREEMENT Page 7 of 15 BURLINGTON: CAMAS: CITY OF BURLINGTON CITY OF CAMAS By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: (Telephone) ( ) - (Telephone) (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: DES MOINES: ELLENSBURG: CITY OF DES MOINES CITY OF ELLENSBURG By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) NPDES INTERLOCAL AGREEMENT Page 8 of 15 APPROVED AS TO FORM: APPROVED AS TO FORM: ,410.0 EVERETT: FEDERAL WAY: CITY OF EVERETT CITY OF FEDERAL WAY By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) Noy APPROVED AS TO FORM: APPROVED AS TO FORM: FIRCREST: KENNEWICK: CITY OF FIRCREST CITY OF KENNEWICK By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NPDES INTERLOCAL AGREEMENT Page 9 of 15 ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: KENT: LONGVIEW: CITY OF KENT CITY OF LONGVIEW By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: MARYSVILLE: MOUNT VERNON: CITY OF MARYSVILLE CITY OF MOUNT VERNON By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NPDES INTERLOCAL AGREEMENT Page 10 of 15 ''fir• ( ) - (Telephone) (_) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: NORMANDY PARK: ORTING: CITY OF NORMANDY PARK CITY OF ORTING By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PORT ANGELES: PULLMAN CITY OF PORT ANGELES CITY OF PULLMAN By: By: *ow Print Name: NPDES INTERLOCAL AGREEMENT Page 11 of 15 Its: Print Name: Date: Its: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: PUYALLUP: RENTON CITY OF PUYALLUP CITY OF RENTON By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Ron Straka Surface Water Utility Engineering Supervisor ( ) - (Telephone) (425)430-7248 (Telephone) ( ) - (Facsimile) (425)430-7241 (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: NPDES INTERLOCAL AGREEMENT Page 12 of 15 RICHLAND: SAMMAMISH: CITY OF RICHLAND CITY OF SAMMAMISH By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: Irmo SEATAC: SUMNER: CITY OF SEATAC CITY OF SUMNER By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) �.r NPDES INTERLOCAL AGREEMENT Page 13 of 15 • APPROVED AS TO FORM: APPROVED AS TO FORM: UNIVERSITY PLACE: VANCOUVER: CITY OF UNIVERSITY PLACE CITY OF VANCOUVER By: By: Print Name: Print Name: Its: Its: Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ( ) - (Telephone) ( ) - (Telephone) ( ) - (Facsimile) ( ) - (Facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: KITSAP COUNTY: KITSAP COUNTY By: Print Name: Its: Date: NOTICES TO BE SENT TO: ( ) - (Telephone) NPDES INTERLOCAL AGREEMENT Page 14 of 15 ( ) - (Facsimile) APPROVED AS TO FORM: NPDES INTERLOCAL AGREEMENT Page 15 of 15 CITY OF RENTON, WASHINGTON NorriO RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT REGARDING LEGAL SERVICES, AMONG THE CITIES OF ANACORTES, AUBURN, BELLEVUE, BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY, BURIEN, BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT, FEDERAL WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW, MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH, SEATAC, SUMNER, UNIVERSITY PLACE, VANCOUVER, AND KITSAP COUNTY AND ANY OTHER PHASE II PERMITTEES THAT MIGHT JOINT THIS COALITION OF GOVERNMENTAL ENTITIES (COLLECTIVELY, "COALITION"). WHEREAS, a Phase II National Pollutant Discharge Elimination (NPDES)permit is required pursuant to the Federal Clean Water Act; and WHEREAS, the Washington Department of Ecology(DOE) has adopted Standards (DOE Standards) that the DOE claims are authorized under the NPDES permitting authority; and WHEREAS, the DOE Standards may impose costly burdens on the city of Renton, as well as landowners in Renton; and WHEREAS, the DOE Standards may also cause costly legal challenges to the city of Renton as a result of enforcing the DOE Standards; and WHEREAS, the DOE seeks to impose the DOE Standards on other cities as well; and WHEREAS, the potential impact of the DOE Standards on the city of Renton, property owners, and other cities may be significant; and WHEREAS, RCW 39.34 permits public agencies to enter into interlocal agreements for mutual advantage; and ;,,, moi1 RESOLUTION NO. WHEREAS, the cost of challenging the DOE Standards will be great and it is in the best interest of the citizens to combine resources with other cities to pursue all legal avenues to challenge the DOE Standards; 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 authorized to sign the interlocal agreement regarding legal services. PASSED BY THE CITY COUNCIL this day of , 2007. 441100 Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1254:3/12/07:ma 2 t.7777WED DY V COUNCIL Date S-i?-a . 7 - COMMUNITY SERVICES COMMITTEE REPORT March 19, 2007 Appointment of Peter Hartley to the Library Board (March 5, 2007) The Community Services Committee recommends concurrence in the staff recommendation to approve the appointment of Peter Hartley to the Library Board for an unexpired term expiring on June 1, 2010. / s.Corman, Chair 2tA f �1 Marcie Palmer, Vice Chair Terri Briere, Member Rev 1/06 bh &pled -1-19-Z07 CITY OF RENTON, WASHINGTON RESOLUTION NO. 386 1 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING THE COUNTY-WIDE 2008-2013 MEDIC ONE/EMERGENCY MEDICAL SERVICES (EMS) LEVY (MEDIC ONE LEVY). WHEREAS, the existing Medic One/EMS Levy will expire at the end of the year 2007; and WHEREAS, King County is seeking voter authorization of a six-year Medic One/EMS levy of up to $.30 per thousand dollars of assessed valuation for the period of 2008 through 2013; and WHEREAS, the Medic One/EMS Levy supports the valuable and renowned regional • Medic One/EMS program; and • WHEREAS, a region-wide effort to thoroughly review the future needs of the emergency medical services system began in October of 2005 and involved the full range of Medic One/EMS Stakeholders; and WHEREAS, such analysis included the impacts that a specific levy type, length and rate might have on the regional system and taxpayers; and WHEREAS, Renton significantly participated in these discussions throughout the process and was represented as a Stakeholder on both the Technical Stakeholder and the Elected Official Committees; and WHEREAS, in October of 2006, Stakeholders developed consensus around the future funding and operational plans for a 2008-2013 Medic One/EMS levy and unanimously endorsed a six-year, $.30 per thousand dollars of assessed value levy proposal; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The City Council supports the proposed six-year$.30 per thousand dollars of assessed value County-wide Medic One/EMS Levy for the Years 2008-2013 (for Medic One), and urges the voters to vote for the Levy. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1260A:2/21/07:ma 1142/ed 3-/ o' '7 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3165- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO RENEW AN INTERLOCAL COOPERATIVE AGREEMENT TO LEASE SPACE TO KING COUNTY EMERGENCY MEDICAL SERVICES DIVISION. WHEREAS, the City of Renton has a fire station located at 1900 Lind Avenue S.W. in Renton, Washington; and WHEREAS, both the City and King County wish to station in that building a paramedic unit operated by the King County Emergency Medical Services Division; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton will continue to rent such space to King County; 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 H. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement for leasing of space to the King County Emergency Medical Services Division for housing of a paramedic unit. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1237:1/31/07:ma 2 - 4dp/ed 3-/9-2407 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3864 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT REGARDING LEGAL SERVICES, AMONG THE CITIES OF ANACORTES, AUBURN, BELLEVUE, BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY, BURIEN, BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT, FEDERAL WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW, MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND, SAMMAMISH, SEATAC, SUMNER, UNIVERSITY PLACE, VANCOUVER, AND KITSAP COUNTY AND ANY OTHER PHASE H PERMITTEES THAT MIGHT JOINX THIS COALITION OF GOVERNMENTAL ENTITIES (COLLECTIVELY,"COALITION"). WHEREAS, a Phase II National Pollutant Discharge Elimination(NPDES) permit is required pursuant to the Federal Clean Water Act; and WHEREAS, the Washington Department of Ecology(DOE) has adopted Standards (DOE Standards)that the DOE claims are authorized under the NPDES permitting authority; and WHEREAS, the DOE Standards may impose costly burdens on the city of Renton, as well as landowners in Renton; and WHEREAS, the DOE Standards may also cause costly legal challenges to the city of Renton as a result of enforcing the DOE Standards; and WHEREAS, the DOE seeks to impose the DOE Standards on other cities as well; and WHEREAS, the potential impact of the DOE Standards on the city of Renton, property owners, and other cities may be significant; and WHEREAS, RCW 39.34 permits public agencies to enter into interlocal agreements for mutual advantage; and 1 • RESOLUTION NO. WHEREAS, the cost of challenging the DOE Standards will be great and it is in the best interest of the citizens to combine resources with other cities to pursue all legal avenues to challenge the DOE Standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to sign the interlocal agreement regarding legal services. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1254:3/12/07:ma 2