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Council 06/18/2007
.4e e AGENDA RENTON CITY COUNCIL REGULAR MEETING June 18, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: • a. Puget Sound Regional Council Vision 2040 b. Comcast Cable 4. PUBLIC HEARINGS: a. Annexation and R-4 zoning of 19.85 acres located along the south side of NE Sunset Blvd. and west of 148th Ave. SE (Aster Park) b. Marshall Annexation- 60%Petition to Annex and R-8 zoning of 7.6 acres located west of Duvall Ave. NE and north of NE Sunset Blvd. 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 address 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 6/11/2007. Council concur. b. Court Case filed on behalf of Jessica Warden by Albert M. Raines challenging the alleged unlawful detention of Ms. Warden relating to a 3/16/2007 DUI charge in Renton Municipal Court. Refer to City Attorney and Insurance Services. c. Court Case filed in Thurston County Superior Court by Yakima County claiming Renton was not entitled to terminate the agreement for the housing of inmates by the Yakima County Department of Corrections for cause. Refer to City Attorney and Insurance Services. d. Finance and Information Services submits request from the Renton Housing Authority for utility bill adjustment due to a water leak and recommends granting the adjustment in the amount of $14,158.35. Refer to Finance Committee. e. Fire Department recommends approval of the conversion of the Hazardous Materials Specialist position(Local 2170)to a uniformed Lieutenant position (Local 864) assigned as a Hazardous Materials Coordinator. Council concur. f. Transportation Systems Division submits CAG-06-066,Airport Entrance Rehabilitation; and requests approval of the project, commencement of 60-day lien period, and release of retained amount of$19,133.42 to Construct Co., contractor, if all required releases are obtained. Council concur. ihipoi 8. CORRESPONDENCE 9. UNFINISHED BUSINESS (CONTINUED ON REVERSE SIDE) I 10. RESOLUTIONS AND ORDINANCES Ordinances for first reading: a. Approving the Aster Park Annexation(see 4.a.) b. Establishing R-4 zoning (originally King County R-4 zoning) for 12.17 acres of the Aster Park Annexation area(see 4.a.) c. Establishing R-4 zoning (originally King County R-48 zoning) for six acres of the Aster Park Annexation area(see 4.a.) Ordinances for second and final reading: a. 2007 Budget amendment related to Homeland Security Assistance to Firefighters grant(1st reading 6/11/2007) b. 2007 Budget amendment related to WA State Military Department grant(1st reading 6/11/2007) 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 and Public Safety Council Chambers Approximately 6:30 p.m. Renton Results Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM t le11L , 1wol sai Draft 2040 Vision i Role of VISION 2040 • Overarching and long-range growth management, economic,and transportation strategy for the 3r: .scentral Puget Sound region mss '-4-4g �����t , ''. _ - - Functional transportation and economic plans provide an addition level of detail rs ^ •,',....., „,, r-;r u & $ . ee c Integrates regional objectives and provides broad 1• direction e µ � llt �-�-, .-, +fi . •x '-• IP'.''''"t 14:',..' y rw t it 5 • Contains: . I 1 •,, - Environmental Framework '�, - Regional Growth Strategy ilir ./ `� +s °*` - Multicounty Planning Policies _ t !a(�t `°•'—`""""" , ' -Actions and Measures III , ,. k Overview k Regional Leadership •�t,ta!-�y� Background General Assembly jti j 7, , Operatons Commntee `,Rle- h •• ,, What remains the same? Transponanon Policy BOald Growth Management Policy Boa EconomcDevelopment Disinct tea! y 1995 VISION . F I l Rng,, SteRCommnee ijrt, -ill iE , What is new? ,I r •2040 Update i ,-- Growth Management Policy Board -ir ' What's next? Councilmember Mike Lonergan,City of Tacoma,Chair �� i •Public comment and SDEIS Voting Members . �, Counties,Metropolitan Cities.Other Cities and Towns,Ports,Tribes ' l r"'®"' Non-voting Members , ... CTED,Business/Labor,Community/Environment ma kt What drives the VISION update? giti%1VISION 2020 Update Timeline How and where can we best accommodate future 2044-2005 2006 2007 2006 growth while protecting our environment,our economic prosperity,and our overall quality of life? Scoping,Research issues, 5..:. Test Alternatives i. Orale EnvironmenW!Sfaten not 4 Skins Pocumwn i u•nun 4/111. p Weems Major Public input Adaption i By 2040 we can expect 1.7 million more people and 1.2 million more jobs. - -�--- Oai,Gwng Outreach 1 lir& EU Comments on the Alternatives klikr 1995 VISION Regional Agreement Land UGA,Rural,Resource Preferred e.A. ...l"A, 'A)„-,, „ ..,, ...,...A.•, concentrating ,A AA . ..,,,-,i, .,,A,...) , „,,... Futcuursesdevelopment Growthdevel 0 into urban Metropolitan A.1 - growth in .I IL 1 Ifi '''4•i' ' ) *F 1 ':•?----'..7------ Foeowth areas where services exist. A : gr Cities and x,,A ,,„ , I ''' Larger Cities •• l. Supports focused growth in compact . li'''' : ' — •' ‘•:- ; centers to preserve rural areas. •. .••' ' ... ,„. Centers Discouraged ,1 , , I , , ':.. ' ':' ,A-•-•,, ''' ''.., Regional GrowthCenterscenters dispersing '1 Ifix'411 . .; '.."•,... ' Manufacturing/Industrial growth in ' • A -A rt ' A, v 1 I ! ( A• , „, Smaller Cities A' .'ilt II : ‘, i :: '`,.•,-, .,,•1 - , ,. , • , Transportation Systems t.:, i -l) , 4 i.• 4 ,,, -- k!:0'<:,,:•,!,•,;,;.'I;•• `'',.._ T' .•' Ur' will Introduction to VISION 2040wilhir'3' Environmental Framework — . . . • Reeeardi*,that the heeds ottrof opeopie, ur ::';t:'z:',?; ",-:1 .-1" VISION 2040 contains four • :,, .,7,„,,,, ,,«, :;.,i''.:. parts: toger •,keoenerrdo:prosperity• ,and our ptariet ere tied• . . -..-- - ir,f7,',',..', Nfilliail r'N'it` ik:' Environmental Framework 4.1 . •-,,,' elei •./- , '• -- ••••' .'•'''' .1, ,. .) . r environmental ,..... '',ii:;. .;<'.,..zy;44.e,,,,,,! • '44 • *,r r, „-:IX* Regional Growth Strategy ,, .'., '7,•'11::•,-' - ,i't'' ., Multicounty Planning ' ...„,. ,. ai s•.• ,, ' ,,., Policies . .. ' '''l i • • -*-*•' • Actions and Measures ..__ . .. . EP ERF:t Regional Geographies mu Regional Growth Strategy Regional Geographies County Share of Population by Regional Geography 2000-2040 Metropolitan Cities(5) ...... Core Cities(13)8 Large Cities(13) ' ' 70%affiliated Smaller Cities(51) ' — with cities. Unincorporated UGA 0.-/'; .•... ' - Rural .!. . =" 'H : —=',.., ',.•,e' , . .— , ..., .., . .... ' . Re,......... ' KA 111 ,. ' . t:. MO ar ""' ,..,., IleiroDo410041,44 a : DO 408,000 "Z 451'0'0: :107 '2'4000. 303,000 'P•r'D''''' 42 0 0" 15"0 2 8 O 1=41a0001001.00 4.4 ." "'"' ""' -43000 00 19:00212 000 05 000 2N 149,000 39 MO 03 000 20 0D0 7,4,00 Total Ineroasa p.10,000 989,000_..181,000 I 188,000 902,000.10,r118,000 43.2,74::::: .Silverdate 2000 Base 996,000 589,000 931,000[284,000 909,000 2 Preferred Growth Alt. Impacts imu Preferred Growth Alt. Impacts Overview Travel Impacts Environmental Impacts • Findings of the Supplemental DEIS show our More than 100%is an Less than%100 is an improvement Improvement work succeeded:the PGA shows the benefits of focused growth. ,...,.•.aGrow.,••.,•E..,a.e I ,.,ce,..,.,lG,P,hlargos Ex. b • Importantly,the PGA performs better than our • { �_w i current plans on nearly every measure. = - • The environmental effects of the PGA are within '-1�=� =�� the range of impacts described for the four alternatives analyzed in the DEIS. The PGA performs better than current plans. Multicounty Planning Policies IL Multicounty Planning Policies in Review Recommitment: New: • Environmental Policy Section I -Concentrate growth in UGA ENVIRONMENT Multicounty Planning Policies swcwrc • Economic Section strengthened -Focus on cities and centers by the Regional Economic DEVELOPMENT REGIONAL GOALS(241 I Strategy I PATTERNS- GROWTH1 •Promote a Regional Open STRATEGYAllio Space Plan ▪ Climate change POLICIES(1591 P 9 PUBLIC SERVICES TRANSPORTATION ACTIONS1111119' 1581 -Strengthen the land use • Regional housing strategy and transportation link t5 (Destination 2030) • Advance environmental planning MEASURES(21) coordination •Promote social equity • Develop the relationship between land use and health Value to Local Governments Opportunities to Participate - ¢ ,b VISION 2040 Countdown i 11 �t 3 Public Event and SDEIS Release 74 , " "` 8:30 a.m.—3 p.m. a• -#a.,...„34. . ON _"`+ :", , Wednesday,August 1,2007 �" " Olympic Room,Seattle Center • Regional context for local Oen Houses T il ) t decision-making Outreach Presentations p L1l ' August 8-Bremerton l _ 1• Work together to bend Streaming Video +4 growth trends Special Edition of the Regional View August9-Marysville � August 15-Bellevue ...."' •., • Address issues that are I August 22-Tacoma ,.,,,4a .' v baa z�E 'e difficult to resolve at the individual jurisdiction level Pre-Release Comment Period—Apel-July SDEIS Official Comment Period—July 16-September 7 3 u GMPB Work Ahead Contact Us Fall 2007 How to Comment Review and analyze public comments Edit final document Write to Norman Abbott,SEPA Responsible Officer Prepare for Final EIS ,„ Puget Sound Regional Council _ 1011 Western Ave.Suite 500 { Seattle WA 98104-1035 Winter 2008 Visit the Puget Sound Regional Council Web site at www.psrc.orq Hold Board Coordination Meeting!+ s•• .. Conduct Public Hearing Send an email to VISION20400nsrc.orq Recommend final VISION to Executive Board •«•••• Attend a meeting y9~: µ Spring 2008 General Assembly action after April 15 4 4,0100, g. ♦I ASTER PARK ANNEXATION PUBLIC HEARING Annexation Effectuation and Zoning June 18, 2007 The subject 19.85-acre site is located at the corner of 148th Avenue SE and NE Sunset Boulevard. A major new subdivision, Aster Park was recently developed at this corner. The site includes the Fir Grove mobile home park to its west. The site slopes to the south on its eastern portion and, to the southwest (towards Honey Creek) on its western portion. On November 20, 2006 the City held the first of at least two required public hearings on future zoning for this annexation, pursuant to state law (RCW 35A.14.340). At that hearing Council accepted the 60% Direct Petition to Annex and authorized staff to forward the Notice of Intent to the Boundary Review Board for King County for their mandatory 45-day review. On April 4, 2007 the BRB sent its closing letter to the City approving the Aster Park Annexation. At this time the Administration is requesting that Council accept the recommendation of the BRB and annex the subject 19.85-acre site. Specifically, the Administration is asking Council to adopt three ordinances tonight, one effectuating the annexation of the whole 19.85-acre area, one rezoning 12.17-acres from the County's R-48 zone to Renton's R-4 zone, and one rezoning 6.0- acres from the County's R-4 zone to Renton's R-4 zone. The site currently has both King County's R-4 and R-48 zoning on it. The western portion, which contains the mobile home park, has the County's R-48 zoning, and the eastern portion of the site has its R-4 zoning. The City's Comprehensive Plan Land Use Map designates the whole area Residential Low Density and it would most likely come into the City as R-4, which allows a maximum of four units per net acre. This is less dense than the County's current zoning. The County's R-48 zoning apparently was an attempt to reflect the mobile home park density, even though these units are much smaller than a traditional single-family dwelling unit. The eastern portion of the site with R-4 zoning was recently developed under County development standards and has 37 single-family detached dwelling units on it. The Administration is therefore recommending that Council this evening: • Begin the effectuating process for the Aster Park Annexation by holding the first reading of the annexationi ordinance; • Hold the first reading reading of the zoning ordinance rezoning the western 12.17- acres of the annexation site from the County's R-48 zone to Renton's R-4 zone; and, Now • Hold the first reading of the zoning ordinance rezoning the eastern 6.0-acres of the annexation site from the County's R-4 zone to Renton's R-4 zone. Public Hearing Handout 06-I 8-07.doc\ - 4 -' r:-.--I .t,,,,,,,,,,,,,,/ --„\ Naiiii • j 0-i, , - , ',`, :_ _____ �lE 24th: St i"4 t� :zatF� i �` 1E'23rd I - -- 1 I'P 3rd .. 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Conditions.: Public Services -.Existing •...,,,,,,...„.„; .. -.,,.:,,,,,-- ,,,,,„,,,.,.::',;,,,,,,,..,,,:. ..,,.. , - , , ,,,, ,,..,:",:1,,,,,„:„,..,,..,:,,,,;, .:„,,,,:,,..::: • . ,, . , . .:.,..„,,..,•,... 4 Fire,'' - ..• , ”....„4.,-,,,:,:., -.•.-- -.:,..-.,,, -.---- - . .. • -,-- • -f:•,',.;,:g..,,, :-„';..,„.) -, ' :,..i.g..;., .A,....[., /..r.,,=?.,u. .--:•-• , ..:,-,.. ....Changes from Fire District 10,,Yi.',,',',' ,:,'":711777::,,,,'1.::,........i.:,:,3 • ' , - '.,,,f,I.f.,,,r :-•.*-,:;', ,,,,‘ - ' • : ,:.t..',i,, , -:...,, ': •- .- ....„:„„--;,,,2.....===i::' pc,;,...to City of-Renton -,, ,,' ,,,„;4•SN,:1,,,•:,,,!, 11,•• •E,--:••o 1,-,,,7:-... 1 •., • , •., ''-;,'•'!,Py 1, ..t';'",.'• , '."'''',Z,,)„, '•,‘uttilties : ,.• • • , ",,--.....,..?,,,,,•;.4:0,,,, ,...0,-„,;, ,,,,y, ;„,,,. •3' ic, • • •,•-., . ••'..;4i, ,, 1'4,11:01 , ''',.vQ'i'.`'''''',,!;''`i4.4•L''Within Water Distrie 90'''',74'"":',',::,',:,-,:':,', ,!ii„IV,At.:,' ,'''''',17gM„,,, '''W ' . 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'i.--, ,•„ , R-4 '`.',' - -:- 5.'K CI Zoning . ..,,Z48:),:.,i - R- r 48-Residential 48duiac I ss Iti,,S1 , 44 ,,,7• , ::::::[:ti,:,..:7 , 5 1,,,A 5.1 . - ,,.. , - R=4 -Residential 4 du/ac* -, - L :1 . yi. 1;.--1 -.4, ,ii,,.. ,.• . , ih , „ *Banuses up (),6 unitsfgr.acre „,,„1 k.0.; •,4.,,,,,,„,,,,, ,''',114, , -4,2'1'''''' '' ', ..;"'i''' 1 e'I 1 '!; ' ;,*,• , A, /' I . ; r""7. SITE : l. :'; '•.: '' , , :' ' County Zoning Map „ Renton Comp Plan Designation and Proposed Zoning 3 tQiiilsif)7x5ii.-: 6 Renton Comp Plan Land --:: - :14,1'Se Ma II ' idenila Low tsDensity i:t'',;,;:,`::X]s:' 4,,ikblyadh-ton Zoning g '( rk, inax 4 du/net acre) 0 ,.-! • 457,,,i,;:T.-::*..?•;-:--'', ' ' I RS ,:: •,:5'5,,-,4,`, ''''' SITE I • ,-5,5,',,,,,,,,,,,..-,v-45,, -%k,t,s,51.4565',v5. .4. 1575,, fk ',74.:%.'-';';5,:541F,-5'-`4'5,,,';, i,,•:,?-,.55:,•:,.',5,iatetit: Renton Comp Plan Land Use 7 f, Fiscal Impact Analysis •° c enera Fundos and revenue f ' implications 11.4 Assumes potential of+ 61 single-family homes at full development " —Assumes new assessed home value of $500,000 Assumes retention of two single-family detached dwellings currently on site jr air , • Fiscal Impact Analysis • • '14stimated one-time parks development cost of$27,724 -•: • Conclusion Best interest and general welfare ; of City served • Furthers City Business Goals by ensuring higher quality development and efficient urban services .2,Generally consistent with City annexation policies .,; • Approved by Boundary Review Board Small annual revenue surplus at full development *• Except for parks no other major service issues identified Recommendation The Administration recommends that Council: • Begin effectuating the 19,85-acre Aster Park Annexation by holding the first reading of the annexation Ordinance this evening the concurrent rezoning of the non-street i.iitirtions of annexation site by: olding the first reading of the ordinance rezoning 6.0 • acres of the subject site from the County's R-48 zone to Renton's R-4 zone, and the first reading of the ordinance rezoning • iproxiMately 12.17 acres of the subject site from the County's R-4 zone to Renton's R-4 zone 9 444w fk,1 MARSHALL ANNEXATION PUBLIC HEARING ACCEPTANCE OF 60% DIRECT PETITION TO ANNEX AND CONSIDERATION OF FUTURE ZONING June 18, 2007 The City is in receipt of the 60% Direct Petition to Annex signed by property owners in the proposed Marshall Annexation area representing more than 60% of the area's $5,761,000 assessed value. The King County Department of Assessments certified the signatures on the petition on April 19, 2007. The 7.6-acre site is located in the City's Potential Annexation Area and is designated Residential Single Family (RS) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning, which allows up to six units per gross acre. It is likely that if the area annexes the City will rezone it R-8, eight units per net acre, consistent with the RS land use designation. sftire The annexation site is completely surrounded by the City and is located adjacent and immediately west of Duvall Avenue NE, just north of the commercial development at the northwest corner of Duvall Avenue NE and NE Sunset Boulevard. Its western boundary is Anacortes Avenue NE, if extended, and its northern boundary is NE 17th Street, if extended. Pursuant to state law, Council is required to hold at least two public hearings to consider future zoning for the subject annexation site, should Council decide to annex it (RCW 35A.14.340). Tonight's public hearing is considered to be the first of these required public hearings. The Administration is also seeking Council approval, if it decides to accept the 60% Direct Petition, to forward the Notice of Intent package to the Boundary Review Board for King County for their mandatory 45-day review. liar► Public Hearing Handout 06-18-07_1.doc\ 41011111111111111\ . . . 1 •-71-7- - , I 31 1 _ -'-' Ni -;' ''F; PI 1 --••'• I1 — ' It. - • ' \ Ni -- , 1 •---'11 — - , .— — ----• -, .1 _- , , . 93rd '--- I--NE 3rd ! .J... ___- -. , I PI .')1-;^ ('I ';'-';'-'I; ''') '1! -•;---- — --- — 1 ,..--.___),' L-_'-'_ . ,..., 1; , ' l- N 1 NE-2-;$; ,- .: . ,rq'--- j221d 1)..'j ,..._, ,' 1 .12H1 ::,1 i -1 10-7 )2rid0 Ct\ ----- '------7-1- 1,---7 tr---,- ); 1 't • r' ' -—'.---: I 1.''iF-• 2;5i. 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Aster ac. F �, 4i „18.5 ac. SE.E���4 `` W •\ Lit i Marshall ;i _ —``-' N -7,7ac. \ \ Leitch_n t_� i 16_2 ac. y R rr_�r- `r 1 'New fife Church, Nawi i `i ---Aqua Barn 't i---i I 296.9 ac. '' �i 1 tr ) ------ \ 1` ' Benson Hill I \ '''_-• i`iCommunities; } I '-_2437,9_ac. �.,-,i / BaCkgrO WO • 1 0% Notice of Intent petition submitted in August 2006 • Public meeting with proponents held in October 2006 — Council authorizes circulation of 60% Direct Petition — Council does not change boundaries of proposed annexation • 60% Direct Petition submitted in March 2007 • Petition certified by King County Assessor on April 19, 2007 2 Background, continued Council must decide: - Whether to accept the 60% Direct Petition and if so consider future zoning for the 7.6 acre site, and If it accepts the 60% Direct Petition whether to authorize the Administration to prepare and forward the Notice of Intent package to the Boundary Review Board Existing Conditions PAA - Within Renton's Potential Annexation Area = Location - Northeast of the intersection of Duvall Avenue NE and Sunset Blvd. NE Size -± 7.6 acres, including interior public and private streets Current Uses - 26 single-family dwellings Boundaries - Surrounded by the City on all of its four sides with Duvall Ave NE on its east and SE 100 St, if extended on its north 3 (5.) c3pf,..,,-.r;;..Ic,oc_si-; ');\ • . ,, -- ' ' i P'__..; ,-- r _, ,,,,,,,,ppv,' , ; c„...D ,„,,,,, i;; ,;,,,,,.._.. -;„ r- s';,..5 tr.1I .., .• '''' I'7.7-Jp ../...q.:,,,,:II_.'," -f '''''' LI ,,___, • -,I ., LI73 ,--3•--,\ \\ i( ''',,,;--;[-ti:-- ',--:,-.--,;-----i - :`,4'1-, i -) r . _... q. 0 p......., (,• ;1.,,f.; Di; e,',. :-III±III.','.'-:; '''• :,---:' I: IJ:IF"'I'1 LI-I '• •.. : .•- ... ,..„, ; •......... ... ••-,...,, , -`I`1,_,, ,, •,..,,, .....-.„!..7.,-Z., , ;cp...] Z,3 fp):L., .,, -1-1‘....„.. 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CI)''"4 C>C) ,-• I .4_, -- ....• ''-. 4_, •,-, r, ••-. --.' r•-. •.-, c.: ,',7.', =.1 R' ,c-' o ..-_-: s: ,-„.., . . . in Y_ W ' EE- f i c , I 0i1{ •� MO � , 44, •ems.,. ,�,_ I', ..°�.' � � { i _ �'`, r"`"� .N • O r.., O U r- U by CI ;CA .tcs : 4...m.4 Ci) ,,,,,,,/,., ,0 ff , Ct � � CA o • $.. ,•C7...:0 U Existing Conditions ■ Public Works notes that: 2005 County Surface Water Design Manual should be used at time of future development Existing water mains are old and undersized and need to be replaced Existing streets will need resurfacing to come up to City standards Parks notes a deficiency of developed recreational opportunities in the area 4. • -, x � . View looking west along SE 107th Place showing typical single-family housing along north side of street 6 c) itk '11 474 ,...,. i _______— kli---_—_--------\ -7._. o 1....., \ _____di — T' \ __J m o .^. � N I L C� ! jg I1 yCel � �1'� 1'A3�,�ee�F WRf'0 U :ES r :74 IZ t440 .,4,-;.y.,,,,,.... ,„5.,..._,,,..„.....,...,,.„; , : ,,,,,,,,,,, ,,,;. -,:,:,,•, . .,,,,, -i-,-.:,,, -73,1 7:49 :L. � W h al 3 U• = N U• e, 4 Ni Renton Comp Plan Designation and Probable Future Zoning Renton Comp Plan Land Use Designation RS ' — Residential Single-family ' Probable Renton ZoningRMD — R-8, 8 du/acre (net) s h \X,�, 14x• SSITE HT l 1lJ yn } '}4..' Renton Zoning Fiscal Impact Analysis General Fund cost and revenue implications — Assumes 26 existing single-family homes with average assessed value of$255,450 — Assumes 17 new single-family homes with average assessed value of$450,000 8 Fiscal Impact Analysis Current Full Development Development Revenues $29,380 $60,313 Costs $32,389 $55,884 Surplus/ ($3,009) $4,429 Deficit Estimated one-time Parks Acquisition and Development Cost of $33,102 Relevant Annexation Policies Policy LU-36. Encourage City water and sewer are annexation where the available in Duvall Ave availability of infrastructure and NE and serve the area to services allow for urban the east. City provides densities. fire services already. Policy LU-37. The highest The proposed annexation priority areas for annexation area is an un-incorporated should be those contiguous with island, surrounded by the the boundaries of the City. City Policy LU-38. Support The subject site is within annexations that would result in City's PAA and Renton is the future improvements to City the designated service services or eliminate duplication provider. Area is now by service providers. inefficiently serviced by King County. 9 Relevant Boundary Review Board Objectives Preservation of natural Area is developed and part of an neighborhoods and established neighborhood which corrununities is not being split Creation and preservation Renton currently provides fire of logical service areas services to area and is the designated water and sewer service provider for this area Prevention of abnormally This annexation will create a irregular boundaries more normal eastern boundary for Renton Incorporation or annexation The subject site is designated to cities of unincorporated urban and is located within the areas which are urban in City's PAA character Conclusion Preliminary analysis indicates that: • Proposed annexation generally is consistent with City's Comp Plan annexation policies • Proposed boundaries generally consistent with Boundary Review Board objectives • R-8 zoning would be consistent with current Comp Plan RS land use designation • Revenue surplus at full development in± 10 years • Except for parks, streets, and water no major service issues identified 10 Recommendation: The Administration recommends that Council: • Accept the 60% Direct Petition to Annex for the Marshall Annexation • Authorize the Administration to prepare and forward the Notice of Intent package for this annexation to the Boundary Review Board, and • Consider R-8 zoning consistent with the City's Comprehensive Plan Land Use Map RS land use designation if the area subsequently annexes fg441,141ift$1,,,; $4 b 1,,k �r= t Z , � � H s `� t z' � F r � €=a 1, 4 ff fi'# a1 R , e . „5,',4p.. , 1,,t 11 &" e ADMINISTRATIVE, JUDICIAL, AND ,; ® , LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: June 18, 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: ADMINISTRATIVE, JUDICIAL, & LEGAL SERVICES DEPARTMENT • Renton's City Attorney Larry Warren and attorney Mark Barber from Warren, Barber& Fontes, P.S., are among a distinguished group of Washington lawyers highlighted in the June 2007 issue of Washington Law& Politics magazine. The 2007 Super Lawyer list is based on surveys mailed to over 17,000 active lawyers in Washington who were asked to nominate the best attorneys they've personally observed in action. A rigorous multi-step selection process was used, including a system of balloting, an evaluation of the candidates by Law & Politics research department, and a peer evaluation by practice area. Those who make the cut are among the top one percent of the state's lawyers. COMMUNITY SERVICES DEPARTMENT • The swimming areas at Gene Coulon Memorial Beach Park and Kennydale Beach Park will be open noon to 8:00 p.m. with lifeguards June 23rd through Labor Day. • The Coulon Family Concert Series begins June 27th with Renton City Concert Band kicking off this summer's entertainment schedule. Enjoy free entertainment at Gene Coulon Memorial Beach Park every Wednesday at 7:00 p.m. through August 15th. For more information, call the Renton Community Center at 425-430-6700 or visit rentonwa.gov for the complete summer line-up. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The City of Renton recently helped Honeywell International secure a $240,000 Jobs Skills Program grant from the Washington State Board of Community and Technical Colleges. With more than 150 employees, Honeywell is among the 25 largest private employers in Renton and has a long history here. Honeywell is developing products for Boeing's 787 Dreamliner, and the training grant is needed to upgrade the skills of approximately 100 incumbent Honeywell employees in 17 training topics ranging from technical, aerospace-related skills to project management and organizational effectiveness. Administrative Report June 18, 2007 Page 2 FINANCE & INFORMATION SERVICES DEPARTMENT • City of Renton senior and/or disabled citizens may qualify for the City utility tax rebate and discount program. Utility tax rebates are available to any qualified resident who paid utility taxes during the year. The rebate is for $110, or prorated for residence of less than one year. Applications are due June 30th and are available at rentonwa.gov. Call 425-430-6852 for further information. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The City has begun construction on the SW 34th Street Culvert Replacement Project, which will reduce flooding in the Renton Valley by replacing four deteriorating, undersized culverts. Southwest 34th Street (on the east and west side of the creek) is temporarily closed to through traffic in order to facilitate removal of the existing culverts and installation of the new box culvert. The temporary road closure will shorten construction time by approximately three weeks, resulting in fewer impacts to neighboring businesses and traffic, as well as reducing construction costs. Local access to businesses on both sides of SW 34th Street will be maintained at all times. The closure will remain in effect 24 hours a day through September 30th. Questions or concerns may be directed to Allen Quynn, Project Manager, at 425-430- 7247. • The City of Renton Clean Sweep! program continues, with participating neighborhood organizations taking part in the Neighborhood Cleanup event on Saturday, June 23rd. On Saturday, June 30th, occupants of all single-family residences can place a variety of unwanted materials at their curbside for free pickup during the Load Zone Neighbor-to-Neighbor Curbside Cleanup event. For more information about Clean Sweep! contact Linda Knight at 425-430- 7397. To organize a neighborhood program, contact Norma McQuiller at 425-430-6595. • WSDOT has opened bids for Stage 1 of the I-405 widening project, which involves the portion of I-405 extending from the Renton/Tukwila boundary to the SR 167 interchange. Work will begin on this major project July 2nd, with some construction occurring in the Oakesdale vicinity in August and the overall project expected to be complete by the end of 2009. • Mosquito season means the return of the West Nile virus, which is spread to humans by the bite of an infected mosquito. Although Seattle-King County Public Health is the lead agency for responding to the West Nile virus, the City of Renton has developed a response plan to augment Public Health's program. The City's strategy emphasizes prevention as the best protection from West Nile virus. For information about the West Nile virus and how you can protect yourself from mosquito bites, visit the City of Renton website at rentonwa.gov or the Seattle-King County Public Health website at www.metrokc.gov/health/westnile. CITY OF RENTON COUNCIL AGENDA BILL AI#: x, ‘kii "j° Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk June 18, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-005; Court Case Correspondence.. Jessica Warden v. Hon. Terry Jurado, Renton Municipal Ordinance Court and the City of Renton Resolution Old Business Exhibits: New Business Writ of Habeas Corpus Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment err Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Writ of Habeas Corpus filed in King County Superior Court on behalf of Jessica Warden by Albert M. Raines, 1420 5th Ave., Suite 2200, Seattle, 98101, challenging the alleged unlawful detention of Ms. Warden relating to a 3/16/2007 DUI charge in Renton Municipal Court. 'logoCITY OF RENTON 1 Albert M. Raines Law Offices of Albert M. Raines JUN 0 6 2007 2 1420 5th Avenue, Suite 2200 Seattle, WA 98101 RECEIVED 3 Phone: (206) 274-5315 CITYGLERICSOFFICE Fax: (206) 274-5316 t/la GQrrs 1e9a1 .service 4 Attorney for Petitioner 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 8 07 "tAe"NJ. 644 1 3 SEA Jessica Warden, 9 ORDER ON RETURN OF Petitioner, 10 ) WRIT OF HABEAS CORPUS v. 11 CC • Mal 0/1- The Hon. Terry Jurado, Renton 12 ) , il 4-9L1A1 Municipal Court and The City of ) J 13 ) 12-{,fl2- M Renton, ) 14 ) 1 J Respondents. ) 15 ) • 16 ) 17 THIS MATTER has come before this court on petitioner' s application for 18 a writ of habeas corpus, pursuant to RCW 7. 36 and Wash. Const. art . 4, sec. 6. 19 This court has reviewed the application wherein petitioner alleges that she 20 is being unlawfully restrained insofar as by an unlawful pretrial condition 21 of release. 22 Thus, it appears from the application that this is a proper case for 23 issuance of a writ of habeas corpus which this court has jurisdiction and 24 �r authority to issue pursuant to RCW 7. 36, and Wash. Const. art . 4, sec. 6. 25 ORDER ON RETURN OF WRIT - 1 Law Offices of Albert M. Raines 1420 4th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 _ I NINO 1 THEREFORE, IT IS HEREBY ORDERED that: 2 1. The respondents shall return to the court, Room of the 3 King County Courthouse, before the Hon. Judge presiding, 4 on the day of May, 2007 at a.m. /p.m. , and present the authority 5 and cause of present the authority and cause of the petitioner' s restraint. 6 RCW 7.36. 100 (1) . 7 2. The clerk of court shall provide a (1) certified copy of this 8 Order to counsel for petitioner at public expense. 9 3. Counsel, rather than the clerk, shall serve copies of this Order 10 upon the respondents. 11 ORDERED IN OPEN COURT this 18th day of May, 2007. 12 13 14 15 HON. JUDGE HELEN HALPERT 16 17 18 19 026-4-1 20 By: Albert M. Raines # 16062 21 Law Office of Albert M. Raines 22 1420 5th Ave. , Suite 2200 Seattle, WA 98101 23 Phone: (206) 274-5315 Fax: (206)274-5316 24 25 Law Offices of Albert M. Raines ORDER ON RETURN OF WRIT - 2 1420 4th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 1 Albert M. Raines cILFD Law Offices of Albert M. Raines 2 1420 5th Avenue, Suite 2200 07 I Y ! PM 2 50 Seattle, WA 98101 3 Phone: (206) 274-5315 0 , Fax: (206)274-5316 (,1 S 4 S E A TIL , ,i CITY'OF RENTON Attorney for Petitioner 5 JUN 0 6 2007 6 CD (-Try R RKV OFFICE 7 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 9 O7 - 2 - 1644 1 - 3 SEA Jessica Warden, ) Case No. : 10 ) APPLICATION FOR Petitioner, ) WRIT OF HABEAS CORPUS 11 RCW 7.36 V. 12 ) The Hon. Terry Jurado, Renton ) NYry 13 ) Municipal Court, and The City of ) 14 ) Renton, ) 15 ) Respondents. ) 16 17 ) APPLICATION 18 Jessica Warden, by and through her attorney, Albert M. Raines, 19 petitions this court for a writ of habeas corpus under RCW 7 . 36 et seq. This 20 court has original jurisdiction to hear the petition. Wash. Const. art. 4, 21 sec. 6. Petitioner seeks the appropriate orders to be directed to Hon. Terry 22 Jurado, Renton Municipal Court, and the City of Renton regarding City of 23 Renton v. Jessica Warden, Renton Municipal Court Cause No. :CR41479, and 24 requiring respondents to return to this court at a specific time and place N2 5 APPLICATION FOR WRIT - 1 Law Offices of Albert M. Raines 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 1 and present "the authority or cause of the restraint of the party in his 2 custody." RCW 7.36. 100. 3 Petitioner asserts that she is being unlawfully restrained because Hon. 4 Terry Jurado, Renton Municipal Court and the City of Renton had no authority 5 to act as they did. Petitioner asserts that the challenged condition of 6 pretrial release, requiring her to submit to and pay $6. 00 a day for 7 electronic/telephon`c breath testing (which includes Renton Police Department 8 personnel entering petitioner' s bedroom to install the breath test equipment, 9 which includes a camera) , is not authorized by the court rule, and is an 10 unreasonable search in violation of the state and federal constitutions. 11 For this reason, petitioner moves this Court to grant her writ of 12 habeas corpus, and to order that the challenged condition of pretrial release 13 be set aide. A summary of the facts is set forth in the following 14 certification followed by a memorandum of law. 15 CERTIFICATION . 16 I, Albert M. Raines, certify and declare as follows: 17 1. I am an attorney licensed to practice law in the State of 18 Washington. I am counsel of record for petitioner in the Renton Municipal 19 Court case at issue. 20 2. The facts set forth here are supported by the attached document. 21 3. Petitioner is currently subjected to the constraints caused by 22 the challenged condition of release. 23 4 . On March 16, 2007, petitioner was charged with DUI in Renton 24 Municipal Court No. CR41479. The allegations are set forth in the attached 25 discovery packet provided by the City of Renton. APPLICATION FOR WRIT - 2 Law Offices of Albert M. Raines 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 stow 1 5. Petitioner appeared for an out-of-custody arraignment on March 2 16, 2007. No prosecutor for the City of Renton was present. Hon. Judge Terry 3 Jurado, sua sponte, conditioned petitioner' s personal recognizance release, 4 in part, that she submit two daily breath tests on equipment installed in her 5 home by the Renton Police Department. If petitioner was to miss a test, fail 6 to contact the Renton Police Department for equipment installation, or fail 7 to pay the fee for this condition ($6. 00 per day) , her personal recognizance 8 or bail is immediately revoked, and immediately taken into custody. See 9 Exhibit A. 10 6. Petitioner' s personal recognizance release was revoked on April 11 18, 2007 because she missed reporting for breath tests and had a positive 12 test result. She was released on $10, 000 bail. 13 7. At the time that the challenged condition was imposed at 14 arraignment, petitioner had no prior failures to appear, and has never 15 committed any crimes against persons or crimes of violence. 16 I, on this 18th day of May, 2007, in Seattle, Washington, certify or 17 declare under penalty of perjury under the laws of the State of Washington 18 that the following is true and correct on information and belief. 19 20 21 Albert M. Raines, WSBA # 16062 22 23 24 25 Law Offices of Albert M. Raines APPLICATION FOR WRIT - 3 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 *00 1 2 MEMORANDUM OF LAW 3 1. A Writ of Habeas Corpus Protects The Right of Citizens To Challenge A 4 Restraint of Liberty. 5 The right to challenge an unlawful detention by writ of habeas corpus 6 in superior court is guaranteed by the Washington Constitution, Const. Art. 4, 7 sec. 6, and by statute, RCW 7. 36. The superior courts have original 8 jurisdiction over such writs . Const. art. 4, sec. 6. Every person restrained 9 of his liberty under any pretense whatever, may prosecute a writ of habeas 10 corpus to inquire into the cause of the restraint, and shall be delivered 11 therefrom when illegal . In re Becker, 96 Wn.App 902, (1999) . The habeas writ 12 guarantees, among other things, the right to challenge a restraint imposed in 4400 13 violation of the accused's state and federal rights . In re Runyan, 121 Wn.2d 14 432 (1993) . 15 The unlawful restraint need not be an unconstitutional confinement. 16 The habeas petitioner need not be incarcerated to apply for habeas relief, 17 only restrained. Born v. Thompson, 154 Wn.2d 749 (2005) . Release from 18 confinement is no longer the sole function of the writ of habeas corpus. 19 In re PRP of Powell, 92 Wn.2d 882 (1979) . 20 The writ of habeas corpus provides a unique judicial avenue to 21 challenge one' s detention. "Whatever its other functions, the great and 22 central office of the writ of habeas corpus is to test the legality of a 23 prisoner's current detention. " Toliver v. Olsen, 109 Wn.2d 607 (1987.) . The 24 writ of habeas corpus not only provides "a speedy device to test the 1400 25 constitutionality of detention, " but also provides, where necessary, "an APPLICATION FOR WRIT 4 Law Offices of Albert M. Raines 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 "orrr 1 evidentiary hearing to resolve significant factual or legal issues. " 2 Little v. Wray, 8 Wn.App. 725 (1973) . 3 The writ of habeas corpus is an original 9 proceeding, not a review of a 4 lower court' s ruling. The writ petition does not seek review, but rather 5 sets forth allegations detailing the unlawfulness of the detention. RCW 6 7. 36. 030 (petition must specify where and by whom petitioner has been 7 restrained, the pretense of the restraint and the illegality) . The court 8 hearing the writ shall proceed in a summary way to hear and determine the 9 cause, and if no legal cause be shown for the restraint or continuation 10 thereof, shall discharge the party. RCW 7.36.120. 11 Petitioner is currently subject to unconstitutional conditions of 12 pretrial release because Hon. Judge Jurado at Renton Municipal Court 440, 13 unlawfully imposed the challenged condition in violation of CrRLJ 3.2, and 14 both the federal and state constitutional protections against unreasonable 15 searches . 16 17 2. The Doctrine of Unconstitutional Conditions Prohibits Respondents From 18 Subjecting Petitioner To Searches (Electronic Breath Testing and the 19 Placement of a Camera in her Home) Without Independent Justification 20 That The Searches are Reasonable Under the Washington and Federal 21 Constitutions. 22 Trial courts may, when authorized by the court rule, impose conditions 23 on an accused's pretrial release. CrRLJ 3.2 (a) , (b) . The doctrine of ?4 unconstitutional conditions, enunciated in United States v. Scott, infra. , 25 holds that government may not grant a benefit on the condition that the APPLICATION FOR WRIT 5 Law Offices of Albert M. Raines 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 1 beneficiary surrender a constitutional right, even if the government may 2 withhold that benefit altogether. , "Once a state decides to release a 3 criminal defendant pending trial, the state may impose only such conditions 4 as are constitutional . " United States v. Scott, 450 F.3d 863 (9th Cir. 2006) . 5 However, the court cannot condition pretrial release on the accused's 6 relinquishment of a constitutional right. Id. At 866-67 . 7 In Scott, the accused was charged with drug possession. His pretrial 8 release was conditioned on submitting to random urinalysis testing and random 9 searches of his home. The 9th Circuit Court of Appeals held that the trial 10 court violated the unconstitutional conditions doctrine because an accused 11 cannot be required to surrender the constitutional protection from 12 warrantless searches as a condition of pretrial release. The accused's 13 "consent" was valid only if the searches were otherwise constitutional. 14 Many pretrial detainees willingly consent to such conditions, preferring to 15 give up some rights in order to sleep in their own beds while awaiting trial . It may be tempting to say that such transactions-where a citizen waives 16 certain rights in exchange for a valuable benefit the government is under no duty to grant-are always permissible and, indeed, should be encouraged as 17 contributing to social welfare. After all, Scott' s options were only expanded when he was given the choice to waive his Fourth Amendment rights or stay in jail. . . . But our constitutional law has not adopted this 18 philosophy wholesale. The "unconstitutional conditions" doctrine. .limits the government's ability to extract waivers of rights as a condition of 19 benefit, even when those benefits are fully discretionary. Government is a monopoly provider of countless services, notably law enforcement, and we live 20 in an age when government influence and control are pervasive in many aspects of our daily lives. Giving the government free rein to grant conditional 21 benefits creates the risk that the government will abuse its power by attaching strings strategically, striking lopsided deals and gradually eroding constitutional protections. Where the constitutional right 22 "functions to preserve spheres of autonomy. .unconstitutional conditions doctrine protects that [sphere] by protecting governmental end-runs around 23 the barriers to direct commands". 24 Scott, at 450 F.3d at 866-67, quoting Sullivan, Unconstitutional Conditions, 25 102 Harv. L. Rev. 1415 (1989) . Law Offices of Albert M. Raines APPLICATION FOR WRIT - 6 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 Nur 1 Thus, the court concluded that Mr. Scott' s "consent" to the search was 2 only valid if the search itself was valid. The court did not accept the 3 government' s argument that the pretrial conditions of release were valid. The 4 court did not find that the condition, which went "beyond the normal need of 5 law enforcement", was necessary to protect the community from the accused; 6 and there was no showing that the condition was necessary to ensure Scott's 7 appearance at trial. In support of its holding, the court also relied upon 8 the important constitutional principle that "pretrial releasees are ordinary 9 people who have been accused of a crime but are presumed innocent" and, 10 consequently do not suffer from the reduced rights and expectations of 11 convicted probationers . Id. At 873-74 . 12 The Washington constitution provides evengreater 1�. protections against 13 unreasonable searches than the federal constitution provides. State v. 14 Gunwall, 106 Wn.2d 54 (1986) . Neither constitution would permit the extremes 15 reached by the challenged condition of pretrial release found in this case. 16 As did the defendant in Scott, Ms. Warden was forced to relinquish her right 17 against unreasonable searches in exchange for pretrial release. There is no 18 justification to condition petitioner' s pretrial release upon surrender of 19 her constitutional rights. The trial court judge who imposed the challenged 20 condition did so because he believed that Ms. Warden's alleged high BAC 21 result, and her ability to function while having such a high BAC level 22 rendered her to be a threat to community safety and a danger to the 23 community. See Exbibit B (transcript, p. 11-12) . However, at no time did the 24 trial court make a finding that Ms. Warden was unlikely to appear for trial, NOW 25 or that there was a substantial danger that she will commit a violent crime. APPLICATION FOR WRIT - 7 Law Offices of Albert M. Raines 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 1 Washington courts have not authorized pretrial conditions of release, 2 especially in a DUI setting, which call for warrantless searches of an 3 accused' s bedroom and/or home. The challenged condition imposed in this case 4 must be revoked. 5 3. CrRLJ 3.2 Does Not Authorize The Imposition of Conditions of Release In 6 This Case. 7 Petitioner concedes that, in some cases, CrRLJ 3.2 would permit 8 electronic breath testing. But CrRLJ 3. 2 (d) (10) is not without limits. The 9 court may not impose onerous or unconstitutional provisions where lesser conditions are available to ensure the public is protected against potential 10 violent acts . To do so is an abuse of discretion. Butler v. Kato, 11 Wn.App. — (2007) . 12 13 Release on personal recognizance is presumed. The court cannot impose 14 conditions of pretrial release unless specific findings are made. CrRLJ 3.2 15 states in pertinent part: (a) Presumption of Release in Noncapital Cases. Any person. . .shall 16 at the preliminary appearance or reappearance pursuant to CrRLJ 3.2. 1 be ordered released on tree accused's personal recognizance pending trial unless 17 . there is a shown a likely danger that the accused .will commit a violent crime. CrRLJ 3. 2 (a) (emphasis added) . 18 In this case, lesser conditions than those imposed clearly exist, and the 19 challenged condition is both onerous and unconstitutional. Petitioner could 20 have been ordered only to abstain from driving after consuming alcohol. The 21 challenged condition is onerous because it requires her to be subject to a de 22 facto curfew (be home at 11: OOpm) . It is unconstitutional because it has 23 required and allowed the Renton Police Department to enter her home and place 24 breath test equipment which includes a camera in her bedroom with absolutely 25 no justification for a warrantless search. Law Offices of Albert M. Raines APPLICATION FOR WRIT - 8 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206)274-5315 Nitro 1 There was no showing that the challenged condition was necessary or 2 effective to prevent petitioner from being someone who will commit a violent 3 crime. Judge Jurado, sua sponte, imposed the challenged condition because he felt that someone with petitioner' s alleged BAC result was a threat to 4 community safety. This speculation and conjecture by the court is not 5 permitted by CrRLJ 3. 2 . The prosecutor was not present at arraignment when 6 the conditions of release were imposed. The judge relied on nothing more 7 than the allegations in the police report and his personal feelings. 8 Clearly, the judge did not base his decision to impose conditions of release 9 on petitioner' s DPI history. She has no such history. Thus, it is obvious 10 that the petitioner does not present any evidence which would allow a court 11 to support a finding that there is a likely danger that she will commit a violent crime. 12 fib+' 13 CONCLUSION 14 Petitioner is subject to unlawful pretrial restrictions on her liberty. The 15 writ should be granted, and the challenged condition must be revoked. 16 17 18 Dated this 18th ,: of May, 2007 19 By:: 01°, Albert M. Raines 20 Law Offices of Albert M. Raines 21 1420 5th Avenue, Suite 2200 22 Seattle, WA 98101 Phone: (206) 274-5315 23 Fax: (206) 274-5316 24 Law Offices of Albert M. Raines APPLICATION FOR WRIT 9 1420 Sth Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 274-5315 Fax: (2061274- -41 EXHIBIT A RENTON MUNICIAL COURT 1055 South Grady Way Renton, WA 98057 (425) 430-6550 City of Renton, Plaintiff CONDITIONS OF RELEASE Vs. Case # (...M.41479 WARDEN JESSICA LEE Defendant VIOLATION OF THIS ORDER WILL RESULT IN voila_ Defendant BAIL/ PERSONAL RECOGNIZANCE BEING REVOKED AND YOU WILL IMMEDIATELY BE TAKEN INTO CUSTODY nYou are charged with DUI [Criminal History certified & made part of record. ® Police Report reviewed. Probable Cause established. ® You are released on your personal Recognizance subject to the "CONDITIONS OF RELEASE"checked below, 0 You will be released from custody upon posting $ 0 cash bail only bond is also subject to the "CONDITIONS OF RELEASE checked below.❑ cash or bail bond. Your release on bail / CONDITIONS OF RELEASE RE COURT APPEARANCES: You must appear at all future court hearings set in this matter!' ADDRESS CHANGE: You must notify the Court, within 24 business hours, of any change to your address. NO LAW VIOLATIONS: You can have no criminal law violations. DRIVING: You must not drive any motor vehicle without a valid license and proof of financial responsibility- --- 21 NO ALCOHOL / DRUGS: You cannot use, possess, or consume any alcoholic beverages or illegal non-prescription— mow drugs. You cannot have any alcohol-related infractions. ❑ AA /NA: You must attend 2 MINIMUM of Alcoholics Anonymous / Narcotics Anonymous or other like self help support group meetings per week and bring documentation of such attendance to all future hearings. 2-TESTING: You cannot refuse to submit to a blood or breath alcohol test upon request of a law enforcement-oz.- - officer. {] DO NOT enter any vehicle with anyone under the influence of alcohol or drugs-- . G] DO NOT enter any establishment whose primary business is selling/serving alcoholic beverages. (Incl. liquor stores)---"'' ❑ NO CONTACT: You can have no contact with IDNO CONTACT: You must abide by all outstanding orders prohibiting contact, until further order of the Court. ❑ NO FIREARMS/WEAPONS: You cannot possess any firearms or other dangerous weapons. ❑ WARRANTS: Clear outstanding warrant(s) from: • ❑ OTHER: BREATH TESTING_ fYou must IMMEDIAT-t v LA _tQ the Electronic Ho Detenti n Office of the Renton Police Deartment to set u a eath-testin. • •• .0 • _perform AlcotiAtime(s) 1 Breath Tests ( d y p a e i of Renton Jail between AM and "t AM each morning and at pet (PM each evening, until must ilthe Re tond o ice De•artment installs brea - es i • -.1 • - en in our .me. You UST contact Benton Police De.t. 42 ) 430-7610 within 72 hours of • . ' .ate to arrange installati•n it breath Nusi!ropuoin:idatiwzai o - E1 After installation ou must continue testin• as ordered above. '•1 MIS A BRE: . YOUR TEST ••" -•• 1 USED ALCOHO , FAIL TO CON r -PD •: • INSTALLATION OR Fs • • . - 1' RENTO POLICE DEPARTMENT IS ORDERED TOflIMMEDIATELY TAKE YOU INTO CUSTODY.01ATELY RS�tO' `A�AND � PROBABLE C. 1 •- • • • • • • HIS •RDER YOU WIL :19:1dI IIKT/ 1•j1ji3:1 1 • OF NEXT JUDICIAL DA . ff .acknowledge receipt of tfte'above r�oted`oariditions of release dated t is` day � f���1, 2007 By signing this docufYtent 1-acknow my pVir sting fees sd oc wle r *d�eresponsibility to comply ith the - con itions. I further agree to pay the BAC don I have th'e financial means to do so. QAAl/x, DefendacWs Signature EXHIBIT B Nape IN THE RENTON MUNICIPAL COURT OF THE STATE OF WASHINGTON CITY OF RENTON, ) Plaintiff ) vs . ) JESSICA WARDEN, ) No. CR41479 Defendant ) BEFORE THE HONORABLE TERRY JURADO TRANSCRIPT OF PROCEEDINGS APRIL 18, 2007 FOR THE PLAINTIFFS: SHAWN E. ARTHUR WARREN, BARBER & FONTES PO BOX 626 RENTON, WA 98057 (425) 255-8678 FOR THE DEFENDANT: ALBERT M. RAINES 1420 - 5TH AVENUE #2200 SEATTLE, WA 98101 (206) 274-5315 TRANSCRIBED BY ROUGH & ASSOCIATES, INC/gdw Page 1 alcohol level in excess of . 18 . 2 And so, I believe that the Court is in compliance with 3 the court rule, as well as the mandate issued by Division 4 One, in State vs . Butler. 5 So, your motion to strike the pre-trial breath testing 6 is denied for those reasons . 7 So now, we deal with the issue of whether or not the 8 Court should impose bail, for violations of the 9 requirements that she submit to tests, and that she not 10 consume alcohol . 11 I referred yesterday, to what I ' ve come to refer to 12 - - I just did it yesterday -- a NyQuil Moment - is that 13 probably 90 percent or more of the positive breath tests 14 that come before the Court are, when they're positive for 15 breath tests, are attributed to by defense as NyQuil. 16 That ' s why I call it a NyQuil Moment. 17 And generally speaking, if that ' s all there is, if 18 there hasn' t been any other violations of the court order, 29 then I say, okay, fine. I 'll give you this one 20 opportunity. 21 Notwithstanding the fact that when persons are set up 22 on this test -- and we can bring Officer Pilot (phonetic) 23 in and take testimony from him, but I will tell you what 24 he will say, is that, when he sets up defendants on this r01 25 test, he specifically advises them what they may not Rough & Associates, Inc. 206 . 682 . 1427 r'' Page 11 1 And, going to the court rule, I think that if the court 2 rule is followed, in that the Court orders conditions of 3 release that are consistent with the court rule, in light 4 of Butler, that one could review 3 .2 (2b) -- 5 MR. RAINES: I think it ' s 3 . 2d you' re looking -- 6 3 . 2 - - 7 THE COURT: No, I 'm looking at - - 8 MR. RAINES: -- d and e? 9 THE COURT: No; just a second. 10 Paren (6) , require the accused to return to custody 11 during specified hours, or be placed on electronic home 12 monitoring. Now 13 They don' t - - they being the rules committee -- have 14 not carved out exactly what would constitute electronic 15 home monitoring, but I don' t believe that the -- it could 16 be argued that the process that this Court employs 17 regarding the breath testing does not fall under the 18 category of electronic home monitoring. 19 So, under the court rule, 3 . 2, electronic home 20 monitoring is a least -- or a less-restrictive alternative 21 to bail . 22 The other issue goes to one of community safety. And 23 I believe that if you review the initial findings of this 24 Court, the Court found that this defendant posed a threat 25 to community safety, based on an allegation of a blood Rough & Associates, Inc. 206. 682 . 1427 mmmmmilmom 05/22/2007 TUE 12: 59 FAX ®002/003 v 1 Albert M. Raines CITY OF RENTON Law Offices of Albert M. Raines 2 1420 5th Avenue, Suite 2200 Seattle, WA 96101 JUN 0 6 2007 3 phone: (206)274-5315 Fax: (206)274-5316 RECEIVED 4 CITY CLERK'S(OFFICE Attorney for Petitioner 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 7 c� c .' a41e"N1,5 4 4 1 . 3 SEA Jessica Warden, 9 ) ORDER ON RETURN OF Petitioner, 10 ) WRIT OF HABEAS CORPUS ' v. 11 ) D Flit/ /V?/9 z-can=t, The Hon. Terry Jurado, Renton dre 12 Municipal Court and The City of ) 13 ) Renton, ) 14 Respondents. ) 15 ) 16 17 THIS MATTER has come before this court on petitioner's application for 18 a writ of habeas corpus, pursuant to ROW 7.36 and Wash. Const. art .4, sec. 6. 19 This court has reviewed the application wherein petitioner alleges that she 20 is being unlawfully restrained insofar as by an unlawful pretrial condition 21 of release. 22 Thus, it ap:- from the application that this is a proper case for 23 issuance of a writ of ha. ...orpus w- _ ourt has jurisdiction and 24 author o issue pursuant to ROW 7.36, and Wash, Const. art.4, se.. 6. 25 Law Offices of Albert M. Raines ,1 ORDER ON RETURN OF WRIT - 1 1420 4th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206)274-5315 Fax: (206) 274-5316 05/22/2007 TUE 12: 59 FAX ®003/003 1 THEREFORE, IT IS HEREBY ORDERED that: 2 1. The respon.-nts shall return to the court, Room of the 3 King County Courthouse, be .re the Hon. Judge , presiding, 4 on the day of May, 2007 . . .m./p.m and present the authority 5 and cause of present the autho y en. ause of the petitioner' s restraint. 6 RCW 7.36.100(1) . 7 - . - - • •• • to .-•. .- - - -- • this 6 0 •- .• "•- e i loner- a pu• is e••- • 9 2. Counsel, rather than the clerk, shall serve copies of this Order 10 upo the respondents. 11 ORDERED IN OPEN COURT this 18th day of May, 2007. 12 13 15 HON. JUDGE HELEN HALPERT 16 17 1. 10 kcc/J p a 5��¢ b 4��r oAl c���7°f k�� �s 1'X07 SLc `j �iK l 19 20 By: jar- 1I LOCI^� 5h t � /` '�J2 �1 Albert M. Raines P 16062 / Law Office of Albert M. 21 Raines 22 1920 5th Ave. ,Suite 2200 Seattle, WA 98101 23 Phone: (206)274-5315 Fax: (206)274-5316 24 25 Law Offices of Albert M. Raines New' ORDER ON RETURN OF WRIT - 2 1920 4th Avenue, Suite 2200 Seattle, WA 98101 Phone: (206)274-5315 Fax: (206)274-5316 CaTY OF RENTON Albert M. Raines ��N *41110 1 Law Offices of Albert M. Raines 6 2007 1420 5th Avenue, Suite 2200 RECEIVED 2 Seattle, WA 98101 CITY CLERK'S OFFICE Phone: (206) 274-5315 3 Fax: (206) 274-5316 4 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 5 6 ) Case No. : 07-2-16441 SEA Jessica Warden, 7 ) PETITIONER' S MOTION TO RECONSIDER Petitioner, ) DENYING APPLICATION FOt WRIT 8 ) v. ) 9 ) The Hon. Terry Jurado, Renton ) 10 ) Municipal Court and the City of ) 11 ) Renton, ) 12 Respondents . ) 13 ) 14 COMES NOW Petitioner, Jessica Warden, by and through t attorney of 15 record, Albert M. Raines, to move this court to reconsider its Na, 22, 2007 16 ruling which denied her Application for a Writ of Habeas Corpus on the basis 17 that she had posted bail, and therefore is not subject to restraint. 18 1. A Petitioner Need Not Be Incarcerated to Apply For a Writ of Habeas 19 Corpus. The Application For a Writ of Habeas Corpus Can Be Granted 20 When Petitioner Is Subjected to an Unlawful Restraint of Their Liberty. 21 This Court denied Petitioner' s Application for the Writ if Habeas 22 Corpus because she has posted bail and is not restrained. This ruling is in 23 error because a petitioner does not have to be incarcerated to seek the 24 protection provided by a Writ . 25 Law Offices of Albert M. Raines MOTION TO RECONSIDER - 1 1420 5th Avenue, Suite 2200 Seattle, WA 98101 Phone: 20ti274-5315 Fax: (296) 274-5316 Nome 1 Release from confinement is no longer the sale function of a writ of 2 habeas corpus. In re PRP of Powell, 92 Wn. 2d 882 (1979) . The habeas 3 petitioner need not be incarcerated to apply for habeas relief, only 4 restrained. Born v. Thompson, 154 Wn.2d 749 (2009) . 5 The petitioner was not incarcerated in either of the two cases which 6 address Writs of Habeas Corpus as proper relief for those subjected to 7 unlawful conditions of pretrial release. In Butler v. Mato, Wn.App. 8 (2007) , the petitioner (also charged with DOI( sought and obtained the writ' s 9 relief from unconstitutional conditions of pretrial release. He was not 10 incarcerated. In United States V. Scott, 120 F. 3d 8:__' ( 9' ' Cir . 2f06) , the 11 petitioner sought and obtained the protection of a wit e was out of 12 custody, but subjected to unconstituHHonal condi_' on: of release. 13 These cases show that petitioners no loner n'.eu lo be o_.carcerated to 14 obtain the protection of a writ . Jessica Warden' s liberty is __-strained by 15 an unconstitutional and improper condition of pretrial r-e-!ease. If 16 unconstitutional conditions of pretrial release unlawfully restrain a 17 petitioner' s liberty, the writ of habeas corpus is proper reinof . If a 18 person had to be incarcerated, no person could eeer challond he 19 constitutionality or impropriety of the conditions of Tiolrial release. 20 These improper conditions could be ordered and ne-rer be challenged . 21 Dated this 1" das June, 2007 22 By: ( Albert M. Raines 23 24 r 25 Law ;offices of Albert M. Raines MOTION TO RECONSIDER - 2 1421 5th Avenue, :Suite 2200 Seattle, WA 81 - 1 Phone : R2.06) 2 -5,r15 F ;z: 116 CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk June 18, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-006; Court Case Correspondence.. Yakima County vs. City of Renton Ordinance Resolution Old Business Exhibits: New Business Summons and Complaint Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Summons and Complaint for Declaratory Judgment filed in Thurston County Superior Court by Yakima County claiming Renton was not entitled to terminate the agreement for the housing of inmates by the Yakima County Department of Corrections for cause. 4 NorjLL]!ib 2 3 JUN 0 7 2007 4 r,.,, (--0 Lit r 5 BETTY d, 000 LD THURSTON COUNTY CLERK 6 CITY OF RENTON 7 8 JUN 13 2007 9 STATE OF WASHINGTON RECEIVED THURSTON COUNTY SUPERIOR COURT CITY R�O FILE 10 11 YAKIMA COUNTY, a Washington political 3vopm 12 subdivision and municipal corporation, 07 - 2 - 0112 ,: Plaintiff, 13 No. vs. 14 SUMMONS THE CITY OF RENTON, Washington, a 15 Washington municipal corporation e e i)(0144 16 Defendant.17 &A A-ffgAuA(j- ,4•-e 18 0 .16 Manna r- 19 TO DEFENDANT CITY OF RENTON: Toti,ce 0,4,4 20 A lawsuit has been started against you in the above entitled court by Yakima County 21 22 plaintiff. Plaintiff's claim is stated in the written complaint, a copy of which is served upon 23 you with this summons. 24 In order to defend against this lawsuit, you must respond to the complaint by stating 25 26 your defense in writing, and by serving a copy upon the person signing this summons 27 within 20 days after the service of this summons, excluding the day of service, or a default 28 judgment may be entered against you without notice. A default judgment is one where 29 plaintiff is entitled to what he asks for because you have not responded. If you serve a 30 31 notice of appearance on the undersigned person, you are entitled to notice before a default 32 judgment may be entered. ,>._..,3 il You may demand that the plaintiff file this lawsuit with the court. If you do so, the 34 *351 demand must be in writing and must be served upon the person signing this summons. 0 G:\users\LARRYP\corrections\kcc\k terminators\renton\Litigation\summons.doc YAKIMA COUNTY PROSECUTING ATTORNEY 0 Last printed 6/6/2007 3:14:00 PM Corporate Counsel Division County Courthouse,128 N.2nd St.,Room 211 Yakima,Washington 98901 SUMMONS 1 Phone(509)574-1200-Fax(509)574-1201 1 Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the 2 court, or the service on you of this summons and complaint will be void. 3 4 If you wish to seek the advice of an attorney in this matter, you should do so promptly 5 so that your written response,if any, may be served on time. 6 7 This summons is issued pursuant to rule 4 of the Superior Court Civil Rules of the 8 State of Washington. 9 DATED: June 6, 2007. 10 RONALD S. ZIRKLE 11 Yakima j•• - Prosecuting Attorney 12 134ree(1\7( By: 14 Lawrence A. Peterson, WSBA #14626 15 Senior Deputy Prosecuting Attorney 16 Plaintiff's Attorney 128 N. 2nd Street,Room 211 17 Yakima,WA 98901 18 (509) 574-1204 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 GA users\LARRYP\corrections\kcc\k terminators\renton\litigation\summons.doc YAKIMA COUNTY PROSECUTING ATTORNEY Last printed 6/6/2007 3:14:00 PM Corporate Counsel Division County Courthouse,128 N.2nd St.,Room 211 Yakima,Washington 98901 SUMMONS 2 Phone(509)574-1200-Fax(509)574-1201 Ise 1 3 iteb 5 4 r JUN 0 7 Tt N c�� 2001 fir''#,1, C�,0l?l�!D 6 TH��R �r�rr CLERK 1 8 9 STATE OF WASHINGTON 10 THURSTON COUNTY SUPERIOR COURT 11 YAKIMA COUNTY, a Washington political 12 subdivision and municipal corporation, 0 7 . 2 Plaintiff, No. 13 VS. 14 COMPLAINT FOR THE CITY OF RENTON, Washington, a DECLARATORY JUDGMENT 15 Washington municipal corporation 16 Defendant. 17 r18 19 I. Parties,Jurisdiction, and Venue 20 A. Plaintiff Yakima County is a Washington municipal corporation and a political 21 subdivision of the state of Washington. 22 23 B. Defendant City of Renton is a Washington municipal corporation. 24 25 C. Jurisdiction and venue of this action are proper in Thurston County Superior Court, 26 pursuant to ch. 7.24 RCW, and an agreement between Plaintiff and Defendant. 27 28 II. Facts 29 A. In 2002,Yakima County and the City of Renton ("Renton") entered into an agreement 30 for misdemeanor inmate housing that, as later amended, provides that the Yakima 31 County Department of Corrections ("YCDOC") shall house up to 27 City of Renton 32 misdemeanor inmates each day (Renton's "Minimum Bed Commitment")through x.33 34 December 31, 2010 (the "Agreement"). Under the Agreement, Renton is obligated to iSiorA pay Yakima County for 27 beds each day at rates specified in the Agreement. The • Agreement is now comprised of three written instruments: the original agreement; an 0 G:\users\LARRYP\corrections\kcc\k terminators\renton\litigation\complamt.doc YAKIMA COUNTY PROSECUTING ATTORNEY ^ Last printed 6/6/2007 3:14:00 PM Corporate Counsel Division [l`(� ,J/�J} County Courthouse,128 N.2"St.,Room 211 COMPLAINT FOR DECLARATORYJUDGMENT Yakima, FWashington(51201 1 Phone(509)574-1200-Fax(509)574-1201 1 addendum, and an amendment. Attachments A, B, and C to this complaint are, 2 respectively true copies of the original agreement; an addendum, and an amendment. 3 4 B. By letter signed by Renton's Mayor Kathy Koelker dated August 22, 2006, Renton 5 stated its intent to terminate the Agreement "for cause". Attachment D to this 6 complaint is a true copy of Mayor Koelker 's letter. 7 8 C. Renton was not entitled to terminate the Agreement for cause. Mayor Koelker's letter 9 on behalf of Renton was factually mistaken and disregarded facts contrary to Renton's 10 claimed cause(s) to terminate. Such facts were known to Renton staff. Renton's elected 11 12 officials either knew or should have known of such facts. 13 III. Declaratory Judgment 14 15 Yakima County seeks a judgment pursuant to ch. 7.24 RCW declaring that Renton was 16 not entitled to terminate the Agreement for cause. 17 18 IV. Request for Relief 19 Wherefore Yakima County respectfully requests that this court: 20 21 1. Declare that Renton was not entitled to terminate the Agreement for cause. 22 2. Order Renton to pay Yakima County's costs and attorney's fees in this action 23 24 3. Order such other relief as the court deems just and proper. 25 DATED: June 6, 2007. 26 27 RONALD S. ZIRKLE 28 Yakima _ •ty Prosecuting Attorney 29 By: - Q ( 30 Lawrence A. Peterson, WSBA #14626 31 Senior Deputy Prosecuting Attorney 32 128 N. 2nd St., Room 211 33 Yakima, WA 98902 34 Telephone: (509) 574-1200 35 Fax: (509) 574-1201 lord 36 G:\users\LARRYP\corrections\kcc\k terminators\renton\litigation\complaint.doc YAKIMA COUNTY PROSECUTING ATTORNEY Last printed 6/6/2007 3:14:00 PM Corporate Counsel Division County Courthouse,128 N.2nd St.,Room 211 Yakima, COMPLAINT FOR DECLARATORY JUDGMENT 2 PhoneFax(509)) 1201 (509)574-1200-Fax 574-1201 k �r _ __-- _ _ SUPERIOR COURT OF WASHINGTON i JUN 0 7 2007 - S FOR THURSTON COUNTY THURSTON Plaintiff/Petitioner, VS. NO. 07-2-01128-2 NOTICE OF ASSIGNMENT/ (NTAS) Defendant/Respondent NOTICE OF STATUS CONFERENCE (NTC) TO: THURSTON COUNTY CLERK ATTORNEYS/LITIGANTS PLEASE TAKE NOTICE: 1. That the above-noted case is assigned to: The Honorable Christine A. Pomeroy 2. That the Status Conference is scheduled for 9:00 a.m. September 07, 2007. Dated this 7th day of June, 2007. All parties should be familiar with Local Civil Rule 16(d) which requires in part that parties or lead counsel attend and that the parties or counsel shall communicate with each other concerning the case schedule order before the status conference. THURSTON COUNTY SUPERIOR COURT 2000 LAKERIDGE DRIVE SW Aftrov OLYMPIA WA 98502 (360) 786 - 5560 NOTICE OF ASSIGNMENT/ NOTICE OF STATUS CONFERENCE n. ,1 CAG-02-099 " I INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE AND TOWN OF YARROW POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this day of , 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington("Yakima County"). A.Yakima County and the Cities are each authorized by law to operate a jail. B. The governing bodies of each of the parties have determined to enter into this Agreement as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW, as amended). C. The Cities wish to designate Yakima County's correctional facilities as a place of confinement for the incarceration of one or more inmates lawfully committed to the Cities' custody. D. Yakima County and the Cities have determined that long-term correctional services contracting is a responsible intergovernmental opportunity that resolves serious economic and public safety hardships for all parties. E. Yakima County intends to construct and professionally operate additional jail bed capacity, in part to meet its obligations created by this Agreement. NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration,the parties agree as follows: Agreement Between Yakima County/City of Rcitior Page 1 YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT A-PAGE 1 I . Now (c) Notice of Termination. No termination shall be effective until written notice of intent to terminate this Agreement stating with reasonable specificity the basis for the termination and identifying the sections of the Agreement that have been violated is mailed by certified mail, return receipt requested, to all the parties to this Agreement ("Notice of Termination"). The termination shall not be effective for one (1) year following mailing of the Notice of Termination. The termination of this Agreement between Yakima County and a City,whether by mutual consent or for cause, shall not affect the rights or obligations of Yakima County or any remaining City under this Agreement except for reducing the Minimum Bed Commitment pursuant to subsection(a). (d) Compensation for Services Rendered. In the event of termination of this Agreement, the departing City shall compensate Yakima County at the rate set forth in Section 7 up to the effective date of the termination of this Agreement as between Yakima County and the departing City. 5. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Yakima County: Yakima County Dept. of Corrections and Security Now p 128 N. Second Street Yakima, WA 98901 Contact Person: Kenneth A. Ray,Director City of : City of Police Department , WA 98 Contact Person: 6. AGREEMENT TO TRANSPORT AND HOUSE CITY INMATES (a) Care of City Inmates. Yakima County shall maintain its correctional facilities, including the New Jail Facility, to Care for and house City Inmates and such other prisoners allowed by law. Yakima County shall manage, maintain and operate its jails in compliance with all applicable federal, state and local laws and regulations. Yakima County shall confine City Inmates; provide all necessary basic, emergency and/or major medical, psychiatric, dental and hospital services and supplies; provide for the City Inmates' physical and subsistence needs; provide programs and/or treatment consistent with the City Inmates' individual needs; provide for reasonable and satisfactory video and on-site visitation for attorneys, spouses, family and Agreement Between Yaldma County/City of (e Kin,1 Page 4 YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT A-PAGE 2 t _ _ _ _ . , __ ...0 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed,�t i�'1�IQlat0''',, by the parties hereto and made effective on the day and year first above written: ?c ` .oF W,s,Co:_s BOARD OF YAKIMA COUNTY A TEST: % ,�''• c`y CO SSIONERS �, /� / ��n Zakali://i'filli s 'sa���;y ~1 By: d /�L� Carla '.�;_;;33•- •, Clerk of the Board of James M. s, 'ham Yakima oun Commissioners By: Approved as t o 1: Jesse S. Palacio,§, CreEttntissiefitelor. By: crti.�. on d S. 'ride Ronald F. Gamache, Commissioner 'ef Deputy Prosecuting Attorney For Yakima County CITY OF ALGONA,WA Approved as to Form: By: ,,,, in Glenn Wilson,Mayor George Kelley,Algona City Attorney Estimated ADP: CITY OF AUBURN,WA Approved as to Form: By: Peter B. Lewis,Mayor Daniel B.Heid,Auburn City Attorney Estimated ADP: TOWN OF BEAUX ARTS VILLAGE, WA Approved as to Form: By: Charles R. Lowry,Mayor Wayne Stewart, Town Attorney Estimated ADP: CITY OF BELLEVUE,WA Approved as to Form: By: Steve Sarkozy, City Manager Richard L.Andrews, Bellevue City Attorney Estimated ADP: `_J Agreement Between Yakima County/City of Q iffD to Page 12 7 YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT A-PAGE 3 CAG-02-099 Joan Simpson,Mayor Michael R.Kenyon,North Bend City Attorney Estimated ADP: CITY OF PACIFIC,WA Approyed as to Form: By: Howard Erickson,Mayor Bruce Disend,Pacific City Attorney Estimated ADP: CITY OF REDMOND,WA Approved as to Form: By: Rosemarie Ives,Mayor James E. Haney,Redmond City Attorney Estimated ADP: CITY OF NTON, WA Approved Fonii: By: •-• . se Tanner,Mayor Lawrence J. Warren,R-nton City Attorney Estimated ADP: 2 7 �\1 CITY OF SAMMAMISH,WA Approved as to Form: �-J I By Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney Estimated ADP: CITY OF SEATAC, WA . Approved as to Form: By: Jay Holman,Acting City Manager Robert L.McAdams, SeaTac City Attorney Estimated ADP: CITY OF SEATTLE,WA Approved as to Form: By: Gregory J. Nickels,Mayor Thomas A. Carr, Seattle City Attorney Estimated ADP: CITY OF SHORELINE,WA Approved as to Form: By: Agreement Between Yakima County/City of '.PK-1.0(4 %e 1 Page 16 YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT A-PAGE 4 ;1rr1111\ - - - -- ------- CAG-02-099 Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney Estimated ADP: CITY OF SKYKOMISH,WA Approved as to Form: By: Skip Mackner, Mayor Jeffrey Ganson, Skykomish City Attorney Estimated ADP: CITY OF SNOQUALMIE,WA Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Snoqualmie City Attorney Estimated ADP: CITY OF TUKWILA, WA Approved as to Form: By: Steve Mullet, Mayor Robert F.Noe, City Attorney Estimated ADP: \, CITY OF WOODINVILLE,WA Approved as to Form: By: Pete Rose, City Manager Wayne D.Tanaka,Woodinville City Attorney Estimated ADP: TOWN OF YARROW POINT,WA Approved as to Form: By: Jeanne R.Beny,Mayor Wayne Stewart,Yarrow Point Town Attorney Estimated ADP: STATE OF WASHINGTON ) ) ss. COUNTY OF Kn3 ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Jessc 7 11her , to me known to be the Citt4farrager/Mayor of the City/Teem of Rer►fo n , a Washington municipal corporation, the corporation that executed the foregoing instrument, and Agreement Between Yakima County/City of 1{•2 iv+D b t+. Page 17 YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT A-PAGE 5 • CAG-02-099 acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instr unent. Given under my hand and official seal this /' "day of 9-(4.4tej ,2002. rr � '•.; (notary signature) w•.r u. ou pot, , "Boti n I G Z' 1/t/Q 14'0/ ot .4 (typed/printed name of notary) P WAS\\:\ Notary Public in and for the State of Washington My commission expires: 02-9- ,20010 L:UAIL15-17-02 Clean L-tm Yakima Contract.doc Noe • i" JI I Agreement Between Yakima County/City of-Rtp K--0�. *IJ Page 18 YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT A-PAGE 6 • • c CAG-02-099 Adden #1-02 ADDENDUM TO IN1'bRLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE,__NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND,;" TRENTON--SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILT,F AND TOWN OF YARROW POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Agreement") is made and entered into on this 0?9'44 day of 6,istt_A4 Yc) , 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington,Des Moines, Duvall, Federal Way, Issaquah, Kenmore,Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities"), and Yakima County, Washington ("Yakima County"). WHEREAS Yakima County and the cities named above intend to enter into a long term agreement ("the Agreement")for housing of city inmates by Yakima County; and WHEREAS numerous cities have signed the Agreement; and WHEREAS certain provisions of the Agreement require modification before final execution and the parties have determined that the most efficient method of making such modifications is for this addendum to be executed contemporaneously with Yakima County signing the Agreement. THEREFORE, the provisions of the Interlocal Agreement between Yakima County,Washington and the cities named above for housing of inmates are amended as follows: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 1 of 10 YAKIMA COUNTY V. CITY OF RENTON ATTACHMENT B- PAGE 1 f Nkiime Section 1. Section 1(g) of the Agreement is hereby amended as follows: i� f (g) Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates from the effective date of this Agreement until September 30, 2003 and equal to 440 City Inmates from October 1, 2003 until the termination of this Agreement. Section 2. Section 2 of the Agreement is hereby amended as follows: (a) Effective Date-Execution of Agreement. Yakima County expects to authorize the construction and equipping of new correctional facilities to be located in Yakima County ("New Jail Facility"). The effective date of this Agreement and the obligations of Yakima County and the Cities shall commence only when this Agreement has been executed by a sufficient number of Cities to represent 90% of the 440 Minimum Bed Commitment. The Cities have estimated each City's respective jail population as set forth on the signature page. These estimates shall in no way obligate each City individually to deliver these estimated populations, but are provided solely for the purpose of setting an effective date to this Agreement and committing the Cities to collectively provide the 440 Minimum Bed Commitment. In the event this Agreement is not fully executed on or before November 1, 2002 by a sufficient number of Cities as described above, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. '411.e (b) Peuuuts and Financing. Yakima County is exercising best efforts to obtain the necessary permits and financing for the siting and construction of the New Jail Facility. The obligation of Yakima County to provide the Minimum Bed Commitment in excess of 150 beds is conditioned upon Yakima County issuing bonds for the financing of the New Jail Facility no later than December 31, 2002 and obtaining the necessary building permits. In the event that Yakima County is unable for any reason to issue such bonds on or before December 31, 2002 or obtain such permits, Yakima County may elect to terminate this Agreement and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (c) Completion of New Jail Facility. Following the commencement of construction, Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy date, following the shakedown period, is currently estimated by Yakima County to be July 1, 2004. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and upon completion of the required "shakedown period," Yakima County agrees to accept City Inmates pursuant to this Agreement in the New Jail Facility. Section 3. Section 3 of the Agreement is hereby amended as follows: The term of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided by Section 4 of this Agreement. This Agreement may be renewed for any successive period Jby written addendum under terms and conditions acceptable to all of the parties. ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY YAKIMA COUNTY V. CITY OF RENTON Page 2 of 10 ATTACHMENT B- PAGE 2 • nSection 4. Section 6(b) of the Agreement is hereby amended as follows: (b) Minimum Bed Guarantee. From and after the Effective Date of the Agreement and continuing until September 30, 2003, Yakima County guarantees a minimum of 150 daily jail beds for City Inmates. Commencing October 1, 2003 and continuing until this Agreement is terminated, Yakima County guarantees a minimum of 440 daily jail beds for City Inmates. If King County, Washington refuses to accept City Inmates prior to October 1, 2003, Yakima County will use best efforts to accept additional City Inmates by contracting for additional jail capacity for City Inmates. If Yakima County has jail bed capacity in excess of this minimum guarantee, Yakima County will accept additional City Inmates if requested by the Cities. Prior to constructing new jail capacity beyond the Jail Facility, Yakima will contact the Cities and offer to reduce the Minimum Bed Commitment. If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment shall be reduced by the amount of beds the City agrees to return to Yakima for its use. Section 5. Section 6 of the Agreement is herby amended by adding the following subsection (d): (d) Yakima County shall provide the Cities' Inmates with confidential telephone or in person access to their attorneys during their period of incarceration at the +AS Yakima County Jail at no cost to the inmate. Each City shall reimburse Yakima County or cause Yakima County to be reimbursed for the cost of that City's Inmates' long distance telephone calls within 30 days of receipt of invoice from the County. By separate mutual agreement, the County and a City may provide video conference capabilities for the City's Inmates' communication with the inmates' attorneys, families or other persons or agencies. Section 6. Subsection 7(a) of the Agreement is hereby amended in its entirety to provide as follows: (a) Daily Fee. In consideration of Yakima County's commitment to provide Care for City Inmates, the Cities agree to pay Yakima County a daily fee for the housing and Care of each City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge a booking fee or any other fees in connection with the Care of City Inmates. The following daily fee, which shall increase at a rate of 5% per annum as shown, includes a per inmate per day (i) bed maintenance fee and (ii) Medical Payment: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY YAKIMA COUNTY V. CITY OF RENTON Page 3 of 10 ATTACHMENT B- PAGE 3 DAILY FEE PER CITY INMATE YEAR (bed maintenance fee+$5 Medical Payment) 2002 $ 56.00 2003 $ 58.80 2004 $ 61.74 2005 $ 64.83 2006 $ 68.07 2007 $ 71.47 2008 $ 75.05 2009 $ 78.80 2010 $ 82.74 Yakima County shall pay for all medical, psychiatric, and dental costs of the Cities' Inmates in exchange for the payment by the Cities of an amount equal to $5 per day per inmate ("Medical Payment"). Medical Payments shall be made from a designated fund maintained by Yakima County. Such fund shall consist of deposits made by each City in an amount equal to $5 per day per City Inmate. Yakima County shall provide monthly reports with its billing statement describing its medical, psychiatric, and dental account balance(s) andpayments made from each such account,including provider ,,, name, inmate name,name of City being charged for such inmate, dollar amount paid, and description of medical, psychiatric and/or dental service provided. Each quarter Yakima County shall send to the Cities and accounting of the medical fund. In the event Yakima County's actual medical, psychiatric, and dental costs exceed the funds available in the Medical Payment fund, the cities agree to compensate Yakima County for all said costs within 30 days following receipt of said medical billing. Yakima County agrees to use best efforts to take advantage of the best available state pharmacy programs or to have an operational in-house pharmacy on or before acceptance of long term inmates. Section 7: Section 18(b) of the Agreement is hereby amended by deleting existing Section 18 (b)in its entirety and replacing it with the following: 18(b) Yakima County shall have the right to refuse to accept a City Inmate and to return such Inmate to a City when, in the reasonable and informed judgment of Yakima County, such City Inmate: (i)would require 24-hour per day medical attention as a result of a life-threatening illness or injury or uncontrollable behavior resulting from an acute psychiatric disorder; (ii) would require regular medical staff assistance in connection with mobility, bodily function or personal hygiene needs due to a lack of ambulatory ability; (iii) has a unique medical condition for which Yakima County is unable to obtain medical services, (iv) has been convicted of escape from a secure jail facility; or (v) has been convicted of assault on any correction officer or staff. If an ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY YAKIMA COUNTY V. CITY OF RENTON Page 4 of 10 ATTACHMENT B- PAGE 4 410 Inmate is being returned to the City pursuant to this Section, the cost of transport shall be paid by the City unless the transport can be made by Yakima County within the terms set forth in Section 5 of this Agreement. • Section 8: This Addendum may be executed in any number of counterparts. Except as otherwise amended by this Addendum, the Agreement shall remain in full force and ! effect. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: BOARD OF YAKIMA COUNTY AT .T: COMMISSIONERS -AL. aid / By: g......,,, . 2 _p— Carla Ward,Clerk of the Board of onald F. Gama?A________..,_ e,C ,,•: Yakima County Commissi.-- s By: .�ii'i Aria , -2 Ap o daste r' James M.Ler.:n.•ssioner �1 ``,� / %� A 4.d./5. onal S. irkie `"oauFnu.rrrn',4 •y Jesse S.Palacios,Commissioner Yakima County Prosecuting Attorney o W A 8y o/^e/"J CITY OF ALGONA,WA Approved as to Form: ;o i .: . G�,"`c.:,'''-,, cm c-i) •5 o ME \---) y: B Glenn Wilson,MayorGeorge Kelley,Algona City Attorne`�.,, `J"` O� ,0� . Estimated ADP: '., 7. .".' �z- CITY OF AUBURN,WA Approved as to Form: t,�....Jnr......o- F By: Pete Lewis,Mayor Daniel B.Heid,Auburn City Attorney Estimated ADP: TOWN OF BEAUX ARTS VILLAGE,WA Approved as to Form: By: Charles R.Lowry,Mayor Wayne Stewart,Town Attorney Estimated ADP: CITY OF BETJ.FVUE,WA Approved as to Form: By: Steve Sarkozy,City Manager Richard L.Andrews,Bellevue City Attorney Estimated ADP: CITY OF BLACK DIAMOND,WA Approved as to Form: By: Howard Botts,Mayor Loren D.Combs,City Attorney Estimated ADP: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY YAKIMA COUNTY V. CITY OF RENTON Page 5 of 10 ATTACHMENT B- PAGE 5 W' CITY OF PACIFIC,WA Approved as to Form: By: Howard Erickson,Mayor Bruce Disend,Pacific City Attorney Estimated ADP: CITY OF REDMOND,WA Approved as to Form: Rosemarie Ives,Mayor Redmond City Attorney Estimated ADP: CITY OF �� TON,WA Approved as to Form: - r By: As'e Tanner,q/yMayor /0-R`7-aoo x Law .Warren,Renton City Attorney Estimated ADP: nL / l' �...— CITY OF SAMMAMISH,WA Approved as to Form: Mr By Ben Yazici,City Manager Bruce Disend,Sammamish City Attorney ' Estimated ADP: CITY OF SEATAC,WA Approved as to Form: lirrr By: ,City Manager Robert L.McAdams,SeaTac City Attorney Estimated ADP: CITY OF SEATTLE,WA Approved as to Form: By: Gregory J.Nickels,Mayor Thomas A.Carr,Seattle City Attorney Estimated ADP: CITY OF SHORELINE,WA Approved as to Form: By: Steven Burkett,City Manager Ian Sievers,Shoreline City Attorney Estimated ADP: CITY OF SKYKOMISH,WA Approved as to Form: By: Skip Mackner,Mayor Skykomish City Attorney Estimated ADP: CITY OF SNOQUALMIE,WA Approved as to Form: By: Randy Fuzzy Fletcher,Mayor Pat Anderson,Snoqualmie City Attorney Estimated ADP: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY YAKIMA COUNTY V. CITY OF RENTON Page 8of10 ATTACHMENTB- PAGE6 C1'1 Y OF TUKWILA,WA Approved as to Form: By: 'Steve Mullet,Mayor Robert F.Noe,City Attorney Estimated ADP: CITY OF WOODINVILLE,WA Approved as to Form: By: Pete Rose,City Manager Wayne D.Tanaka,Woodinville City Attorney Estimated ADP: TOWN OF YARROW POINT Approved as to Form: By: Jeanne R.Berry,Mayor Wayne Stewart,Yarrow Point Town Attorney Estimated ADP: STATE OF WASHINGTON /641_, )ss. COUNTY OF ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn, , to me known to be the C-,ity--Matieger/Mayor of the City/Tow . of /Qe4frn" , a Washington municipal corporation,the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this 29 day of ('/en1Z -1 ,2002. y ii2t1:u1 /', (notary signature) • BOhi6 a'. L✓atIo4 (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: J-9- o2OO(6 Interlocal to be filed with the Yakima County Auditor l/ ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 9 of 10 YAKIMA COUNTY V. CITY OF RENTON ATTACHMENT B- PAGE 7 SECOND AMENDMENT TO I � INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY,WASHNGTON AND THE CITIES OF ALGONA,AUBURN,TOWN OF BEAUX ARTS VILLAGE, BELLEVUE,BLACK DIAMOND,BOTHELL,BURIEN, CARNATION, CLYDE HILL, COVINGTON,DES MOINES,DUVALL,FEDERAL WAY,ISSAQUAH, KENMORE,KIRKLAND, LAKE FOREST PARK,MAPLE VALLEY,MEDINA, MERCER ISLAND,NEWCASTLE,NORMANDY PARK,NORTH BEND,PACIFIC, REDMOND,RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE,TUKWILA,WOODINVILLE,AND TOWN OF YARROW POINT,WASHINGTON FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Second Amendment")is entered into and is effective the 31st day of December 2004 by and between the Cities of Algona,Auburn, Town of Beaux Arts Village,Bellevue, Black Diamond,Bothell,Burien, Carnation, Clyde Hill, Covington,Des Moines, Duvall,Federal Way, Issaquah,Kenmore,Kirkland, Lake Forest Park,Maple Valley,Medina,Mercer Island,Newcastle,Normandy Park, North Bend,Pacific,Redmond,Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila,Woodinville and Town of Yarrow Point, Washington Nois'-- ("Cities"), and Yakima County,Washington ("Yakima County"). Whereas,Yakima County and the Cities above named have entered into an Interlocal Agreement for housing of City inmates by Yakima County on August 27, 2002 (Agreement); and Whereas Yakima County and the Cities entered into an addendum to the Interlocal Agreement for Housing of Inmates by Yakima County effective October 31, 2002 (Addendum) and Whereas, the parties desire to amend the Agreement and Addendum to further clarify the responsibilities of the respective parties; 1 NOW THEREFORE, the Parties agree as follows: 1. Section 3 of the Addendum is amended in its entirety as follows: DURATION: The Willi of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31,2010, subject to earlier termination as provided by Section 4 of the Agreement. Yakima County agrees to extend the Agreement, as amended, for an additional two years if mutually agreeable to Yakima County and the 1 Cities and the Cities notify Yakima County at least 18 months prior to December 31, -i- C:\WINDOWS\TEMP\Second l.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT C-PAGE 1 I 2010. Thereafter, this Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties. 2. Section 7c of the Agreement is amended in its entirety as follows: (c)Billing and Payment. Yakima County shall provide each of the Cities with individual monthly statements itemizing the names of each City Inmate who is receiving care from Yakima County,the case or citation number, and the number of days of care, including the date and time booked into the Yakima County jail facilities and the date and time released from the Yakima County jail facilities.Yakima County shall pro-rate the Bed Maintenance Fee and the Medical Premium(hereinafter"Daily Fee") of any City Inmate that has multiple charges among the Cities by dividing the Daily Fee pro-rata among those Cities with such multiple charges.Each City's individual monthly statement shall also include a statement showing the number of bed days used by all other Cities.Yakima County agrees to provide said statement for each month on or about the 10th day of the following month.Payment shall be due to Yakima County within thirty(30)days from the date the statement is received.Payments not received by the 30th day shall bear interest at the rate of 1 %per month until payment is received. 3. A new Section 7d of the Agreement is added as follows: a. Reconciliation: Effective October 1,2003,Yakima will bill each city quarterly for unused beds (the difference between the City's minimum daily bed commitment as provided in Attachment A to this Second Addendum and the City's actual Average Daily Population(ADP)for the quarter). The rate for the unused beds will be the Bed ) Maintenance Fee as provided in Section 6(a)of this Second Amendment below, except a portion of the unused beds shall be charged at the Reduced Rate Fee. The number of each city's unused beds that will be charged at the Reduced Rate Fee are as provided in Attachment B (Unused Bed Allocation Chart created by the Cities). I ` b. Yakima County will annually reconcile each City's unused beds(the difference between the City's Minimum Bed Commitment and the City's actual ADP per quarter) on a calendar year basis. Through the annual reconciliation process,Yakima County will provide credits in the fourth quarter bill to each city to the extent that the actual annual ADP paid exceeds the City's Minimum Bed Commitment up to the fee paid by said city per quarter for unused beds. If a City's annual ADP exceeds the annual minimum daily bed commitment(hereinafter"net overage")Yakima County will allocate the total net overage as a credit on a pro rata basis to those Cities whose annual ADP did not meet their annual minimum daily bed commitment. If a City did not fully use their share of the Reduced Rate Fee beds as specified in Attachment B, those beds will be allocated on a pro rata basis to Cities that did not meet their Minimum Bed Commitment. The Cities will provide Yakima County with the appropriate allocation to each city of credits and division of the annual reconciliation bill for unused beds based on separate agreement among the Cities.Attachment C shows a method for this annual reconciliation. Reconciliation payments,both quarterly and annual will be due 30 days from the date the G:12004 Agreements\Sceond Amendment-Consortium.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT C-PAGE 2 '— billing is received. There will be no interest payments charged on any 2003 or 2004 Reconciliation bills issued prior to the effective date of this addendum, c. 2003 Reconciliation: The 2003 reconciliation will be based on Section 7(d)of the Agreement and Section 6 (a)of the Addendum, Under this agreement, Cities will pay$568,391to Yakima for the fourth quarter 2003 reconciliation pursuant to Cities Allocation Agreement. (Attachment C shows the method for the payment by individual cities of the unused beds for the 2003 Reconciliation). There will be no interest payments charged on the 2003 Reconciliation, provided 2003 reconciliation is paid within 30 days of receipt of billing. Section 6 of the Addendum is hereby amended in its entirety to provide as follows: a. Daily Fee.In consideration of Yakima County's commitment to provide care for City Inmates,the Cities agree to pay Yakima County fees for the housing and care of each City Inmate,as provided in this Amendment as follows: Year Bed Medical Reduced Rate Fee Maintenance Premium Fee 2002 $51.00 $5.00 2003 $53.55 $5,25 $27.75 2004 $56.23 $5.51 $27.75 2005 $59.04 $5.79 $28.45 2006 $61.99 $6,08 $29.19 2007 $65.09 $6.38 $29.96 2008 $68.34 $6.70 $30.77 2009 $71.76 $7.04 $31.62 2010 $75.35 $7.39 $32.51 1. Yakima County shall not charge a booking fee or any other fees in connection with the care of City Inmates except as specifically provided in the Interlocal Agreement between Yakima County and Cities, as amended. 2. Effective October 1, 2003,the Cities shall pay the Bed Maintenance Fee set forth in Paragraph 2 above on 340 beds, even if they are unused and for all inmates exceeding the 340 bed Cities Inmate population. 3. Effective October 1,2003,the Cities shall pay the Reduced Rate Fee in Paragraph 2 above for each unused bed exceeding 340 up to a maximum of the 440 bed commitment. Provided however, that payment for unused beds exceeding 340 shall not be required for any period of time when the total Yakima County jail population(including . all contract inmates)exceeds 1,500.At such time,Yakima County shall not charge Cities for unused beds.Yakima County intends to use the Reduced Rate Fees solely for debt service payments and operational rilrl costs related to Yakima County Department of Corrections and r".-'/ -3 GA2004 Agrecments\Sccond Amendmcnt-Consortium.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT.0-PAGE 3 Security. At the end of each year,Yakima County will provide an annual report which shows the cost of debt service payments and operational costs for Yakima County Department of Corrections and Security exceeds the total Reduced Rate Fees collected. 4. Medical Premium: A. Yakima County shall pay for all medical, dental and psychiatric (including therapeutic)costs as authorized in this Addendum of the City's Inmates in exchange for the above listed Medical Premium. B. Effective October 1,2003,Cities will pay the Medical Premium per City Inmate only on used beds.The Medical Premium shall not be paid on unused beds, C. Yakima County shall be permitted to use the Medical Premiums for psychiatric services including in-custody therapeutic services which 1) are court ordered,or 2)a)meet a Diagnostic Statistical Manual IV Diagnosis, and b) are deemed medically necessary by a Mental Health Professional and c)for which the inmate agrees to treatment. Medical Premiums shall not be used for psychiatric services which do not meet the conditions above except where such services are approved by the City in writing prior to the service being rendered. D. Yakima County shall provide monthly reports with its billing statement describing its medical,psychiatric, and dental account balance(s) and payments made from each such account, including provider name,inmate name, name of City being charged for such inmate, dollar amount paid, and description of medical, psychiatric or dental service provided. Yakima County will provide detailed information regarding the description and total cost of therapeutic services and the approximate proportionate share of use of the services consumed by Cities inmates. In-custody therapeutic costs for Cities will be calculated by applying the percentage of the Cities' inmates proportionate share of use of the services provided by Yakima County's behavioral health service provider,which is currently Central Washington Comprehensive Mental Health,to the actual cost of the total contract for Yakima County's behavioral health service provider. E. Each quarter Yakima County shall send to the Cities an accounting of the Medical Premium Fund. F. In the event Yakima County's actual authorized medical,psychiatric, and dental costs for a quarter exceed the funds available in the Medical Premium fund at the close of the quarter, the Cities agree to compensate Yakima County for all said costs exceeding the funds available at the end of the quarter within 30 days following receipt of said medical billing. G. Upon the effective date of this Second Amendment,Yakima County shall have and shall maintain a Pharmacy Agreement or in-house pharmacy. 4 G:\2004 Agreements\Sccond Amendment-Consortium.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT C-PAGE 4 *41000 H. An ongoing review process will be established between Yakima County and the Cities to address concerns about accountability for costs and services. BOARD OF YAKIMA COUNTY/ iiejEST: v%0 of YAW/44'i', CO I TONERS o ....,•.'� / O , III �; of w,�s.. °�, ::;,. • D utyC '�fti*, :,x2 r,e James M. Le fir .irman Yakima County Cornniisst rs T. (�1 .� r Approved as ' 's` �\.` By to Form: .. Ronald F. Gamache Commissioner -,40;101,0000 Ronald ,0000�``\ � rruawli,n„r, Ronald S.Zirkle By: Jesse S. Palacios, Commissioner Yakima County Prosecuting Attorney CITY OF ALGONA,WA Approved as to Form: By: Glenn Wilson, Mayor George Kelley,Algona City Attorney Estimated ADP: ��r,,.� CITY OF AUBURN,WA Approved as to Form: ) By: Pete Lewis,Mayor Daniel B. Heid,Auburn City Attorney Estimated ADP: TOWN OF BEAUX ARTS VILLAGE,WA Approved as to Form: By: Charles R. Lowry, Mayor Wayne Stewart, Town Attorney Estimated ADP: CITY OF BELLEVUE, WA Approved as to Fowl.: By: Steve Sarkozy, City Manager Lori Riordan,Acting City Attorney Estimated ADP: CITY OF BLACK DIAMOND,WA Approved as to Form: By: Howard Botts,Mayor Loren D. Combs, City Attorney Estimated ADP: -5- G;A2004 Agreements\Second Amendment-Consortium.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT C-PAGE 5 CAG-02-099 Addendum #2-04 4100 Estimated ADP: CITY OF MERCER ISLAND, WA Approved as to Form: By: Richard M. Conrad, City Manager Estimated ADP: Londi K. Lindell,Mercer Island City Attorney CITY OF NEWCASTLE,WA Approved as to Form: Andrew J. Takata, City Manager Newcastle City Attorney Estimated ADP: CITY OF NORMANDY PARK, WA Approved as to Form: By: Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park Estimated ADP: City Attorney CITY OF NORTH BEND, WA Approved as to Form: By: 44604 Joan Simpson,Mayor Michael R. Kenyon,North Bend City Attorney Estimated ADP: CITY OF PACIFIC, WA Approved as to Form: By: Howard Erickson,Mayor Bruce Disend,Pacific City Attorney Estimated ADP: II CITY OF REDMOND, WA Approved as to Form: Rosemarie Ives, Mayor Redmond City Attorney Estimated ADP: CITY OF RENTON, WA Approved",. Form: By _ w ( i Kath' Keolker-Wheeler,Mayor Lawrence J. Warren, " - ton City Attorney Estimated ADP: ATTEST: g-K44..�c.) Wateorn Bonnie I. Walton, City Clerk CITY OF SAMMAMISH, WA Approved as to Form: ; -8- I:VAG\Yakimasecondaddend um.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT C-PAGE 6 r. err Estimated ADP: TOWN OF YARROW POINT Approved as to Form: By: Jeanne R.Berry,Mayor Wayne Stewart,Yarrow Point Town Attorney Estimated ADP: STATE OF WASHINGTON ) ) ss. COUNTY OF Kit J On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Karry leo/Ker-Whee/er , to me known to be the City Manager/Mayor of the City/' of ReAfon , a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. `tow ys, Given under my hand and official seal this /G day of ,o.Letiroe/c../ , 2982. dope{ IAIV Zeid- (notary signature) 73/031hte_ -7', WQ 6-0/1 (typed/printed name of notary) / Si Notary Public in and for the State of WQ �t i h5r0ii Washington My commission expires: o?_9-a DO 6 Interlocal to be filed with the Yakima County Auditor _10- I:VAG\Yakimasecondadd en dum.doc YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT C-PAGE 7 Attachment A ) Minimum Daily Bed Commitment by City Yakima City Commitment Algona 3.0 Auburn 88.5 Bellevue 27.0 Bothell 2.0 • Burien 4.0 Covington 2.4 Des Moines 17.0 Duvall 1.0 Federal Way 29.0 Issaquah 2.0 Kenmore 3.0 Kirkland 12.5 Lake Forest Park 2.5 Medina 0.7 Mercer Island 4.0 Normandy Park 0.4 North Bend 2.0 ,Redmond 20.0 Renton 27.0 Sammamish 1.5 SeaTac 4.11411.1 Seattle 155.0 Shoreline 18.0 Snoqualmle 1.0 Tukwila 11.0 Woodinville 1.5 Total 440.1 G;\2004 Agrecments\Second Amendment-Consortium,doc YAKIMA COUNTY V.CITY OF RENTON """"—""` . ATTACHMENT C-PAGE 8 ' Attachment B ,-� Initial Allocation of 100 Reduced Rate Beds Initial Yakima % 100 Bed Agencies Commitment Share Distribution Algona 3.0 0.7% 0.7 Auburn 88.5 20.1% 20.1 . Bellevue 27.0 6.1% 6.1 Bothell 2.0 0.5% 0.5 Burien 4.0 0.9% 0.9 Covington 2.4 0,5% 0.5 Des Moines 17.0 3.9% 3.9 Duvall 1.0 0.2% 0.2 Federal Way 29.0 6.6% 6.6 Issaquah 2.0 0.5% 0.5 Kenmore 3.0 0,7% 0.7 Kirkland 12.5 2.8% 2.8 Lake Forest Park 2.5 0.6% 0.6 Medina 0.7 0.2% 0.2 Mercer Island 4.0 0.9% 0.9 Newcastle 0.0 0.0% 0.0 Normandy Park 0.4 0.1% 0.1 North Bend 2.0 0.5% 0.5 Redmond 20.0 4.5% 4.5 . Renton 27.0 6.1% 6.1 Sammamish 1.5 0.3% 0.3 SeaTac 4.1 0.9% 0.9 Seattle 155.0 35.2% 35.2 Shoreline 18.0 4.1% 4.1 Snoqualmie 1.0 0.2% 0.2 Tukwila 11.0 2.5% 2.5 Woodinville 1.5 0.3% 0.3 Total 440.1 100.0% 100.0 Note: as part of the annual reconciliation,reduced rate beds initially allocated to cities that only need part or none of their share will be reallocated to the remaining cities. I ' G:\2004 Agreements\Second Amendment-Consortium.doc YAKIMA COUNTY V.CITY OF RENTON '--'-"" ATTACHMENT-C-PAGE 9 I - I ( �� I II Attachment C-Table 2003 Reconciliation and Payment of Unused Beds and Method for Annual Allocation and Reconciliation of Unused Beds • Alleutlea otAll Unn.ed Bede-lodnd(n8 100 buds of Reduced Rate Fla.l Yur Ead Reconciliation 1003 4th Qanrter Step I Step 2 Step 3 Sop 4 4111 Quarter EADP FADP Addllloul Payment Dae ea Barred Bed, EADP 2003 Cillm< Revised Prclindn.ry Cilia Still< Allocate Fined Brds at Beds RI (no medical fces since only paid on used bels) Yakima 4th Qa Over/ Their Bed % Surplus Ova/ 100 Bed Surplus Their Bed Surplus 100 Bud Full Reduced Full Reduced Toni Agencies Coreralone t ADP (Ueda) cmamlnme,t she,. Boo (tinder) Distribution Beds Comroitmras Beds Dllllibulion Price Price Price Price Charge Bellevue 27.00 27.63 0.63 0.0% 0.6 6.1 6.1 0.0 0.0 27.6 0 0 0 Issaquah 100 2_10 0.10 0.0% 01 03 03 0.0 0.0 2.1 0 0 0 Newcastle 0.00 0,25 0.25 0.0X 03 OA 0 0 D.0 0.0 0.0 0.3 0.0 0 0 0 . Tukwila 11.00 12.80 1.80 _ 0.O% 1.8 23 2,5 0.0 0.0 128 0 0 0 • Algona 3.00 1,16 (1.84) 3.0 0.7% (1.8) 0.7 0.0 3.0 0.1 0.8 21 0.8 5,082 2,003 7,063 1 Auburn 8830 44267 (23.83) 883 22-1% (23,2) 20.1 0.0 885 3.0 27.1 64.7 23.1 10,172 59,092 69,263 Bothell 88.50 1.79 (0.21) 2.0 0.5% (0.2) 0.3 03 0,0 0.2 1.8 02 0 492 492 I 1 Butiet 4.00 1.85 (215) 4.0 1.0% (2.1) 0.9 0.0 4.0 0.1 1.0 2.9 1.0 5,312 2,671 7,983 1 Covington 2.40 0,00 (2.40) 2.4 0.6% (2.4) 03 0,0 2_4 0.1 0.6 . LB 0.6 8,649 1302 10,752 I Da Mole 17.00 7.72 (9.28) 17.0 42% (9.2) 3.9 0.0 17.0 0.6 4.4 124 4.4 23,245 11.351 34,596 , Duvall I.00 0.00 (1.00) 1.0 0.2% (1,0) 02 0.0 1.0 0.0 0.3 0.7 0.3 3,604 668 4,272 Fu1ks!Way 29,00 14.24 (14.76) 29.0 . 7.2% (14.6) 6.6 0.0 29.0 1.0 7.6 21.2 7.6 34,361 19,363 53,725 Kenmore 3.00 0.00 (3.00) 3.0 0.7% (3.0) 0.7 0.0 3.0 0,1 0.8 2.2 0.8 10,812 2,003 12,815 I Kirtland 12.50 12,24 (0.26) 12.5 3.1% (0.2) 2.8 2.7 0.0 0. 12.2 0.2 0 444 444 Lake-Pored Park 2.50 0.26 (2.24) 2.5 0.6% (21) 0.6 0,0 23 0.1 0.7 IE 0.7 7,724 1,669 9,394 I Medina 0.70 033 (0.17) 0,7 0.2% (0.2) 0.2 0.0 0.7 0.0 01 03 01 0 467 467 1 Mcnzrld.nd 4,00 126 (2.74) 40 1,0% (2.7) 0.9 0.D 4.0 0.1 1.0 2.9 1.0 1,204 2,671 10,874 • Normandy Pmt ' 0.40 0,11 (029) 0.4 0,1% (0.3) 0.1 0.0 0.4 0,0 0.1 OJ 0.1 906 267 1,173 I North Bend 2.00 021 (1.79) 2.0 0,5% (1,8) 0.5 0.0 2.0 0.1 0.5 13 03 6,190 1,335 7,526 Redmond 20.00 7,70 (1230) 20.0 5.0% (122) 4.5 0.0 20.0 0.7 5.2 14.6 5.2 34,164 13,354 47,518 Renton 27.00 15.23 (11.77) 27.0 6.7% (11.6) 6.1 0.0 27.0 0.9 7.1 19.8 7.1 .72.210 18,028 40.208 S.mmamish 1.50 0.39 (1.11) 1.5 0.4% (I,1) 03 0.0 1.5 Al 0.4 1.1 0,4 3,478 1,001 4,480 • Seethe 4.10 3.99 (0.11) 4,1 1.0% (0.1) 0.9 0.8 0.0 0.1 4.0 0.1 0 210 210 1 Seattle 155.00 9093 (64.07) 1550 38.7% (63.0) 35.2 0.0 155.0 5.3 40.5 113.4 40,3 110,624 103,494 214,118 Shooline 18.00 10,53 (7.47) 18.0 4,5% (7.3) 4.1 0.0 18.0 0.6 4.7 131 4.7 12.979 12,019 24,998 1 ' Snoqualrnle 1.00 0.96 (0,04) 1.0 412% (0.0) 0,2 02 Q00 0.04 1.0 0.04 0 93 93 Woodinville 130 030 (120) IS 0.4% (1.5) 03 03 1.5 0,1 0.4 1.1 0.4 5,406 1,002 6,407 I -< Total 440.10 27635 (16355) 400.1 100.0% 1.0 (163.6) 100.0 13.1 3803 13.1 100.0 340.1 100.0 313,091 155,300 568,391 'EADP'u One Estimated Avenge Daily repute lion•oleo knorm u the Yakima Minimum Daily Bcd Commitment 2003 Com Per Bed DFull Price iReduced Price _ Clelmma4h ao mlalmm ubed rmmolhment and on jell days(and daps net Included above) S 3335 S 27.75 o 0 Beaux Art Clyde Bill Kent Pacific I D C Stack Diamond Enumclaw Maple Valley Skykondsh 1 ZCaeaaiion . Hunts Point mama Yarrow Foinl C 1"< Kr h H. n;0 Dm 0 2 m ,o oz -13- (:\2004 Agrecnents1Second Amendment-Consortiurndoe I - !I Attachment C: Explanation of Annual Reconciliation Per Amendment#2, Section 3 b. City A • Minimum bed commitment: 27 beds • Estimated share of reduced rate beds: 6.1 • 2004 Actual Use: 25 first quarter; 27 second quarter; 30 third quarter; 38 fourth quarter; 30 for the whole year. By the end of 2004, City A has averaged 30 beds for the whole year; however,its use has fluctuated from quarter to quarter. Each month,City A pays for its actual bed use. At the end of the first quarter, City A pays for two additional beds at the reduced rate (the difference between its actual bed use and its minimum commitment). The second and third quarters,City A pays for its actual bed use (which equaled or exceeded its bed commitment). As part of the fourth quarter reconciliation, City A is given a credit for its first quarter payment for the two additional beds so that the total City A pays for 2004 equals 30 beds (its actual use). Since City A has fully met its bed commitment, it has no need for its share of the reduced rate beds (it was entitled to 6.1 reduced rate beds). Accordingly,the 6.1 reduced rate beds are reallocated to the cities which did not meet their bed commitment. City B: • Minimum bed commitment: 2 beds • Estimated share of reduced rate beds: .5 • 2004 Actual Use: 2 (however, it fluctuates between I and 3 from month to month) By the end of 2004, City B has averaged two beds for the whole year(its minimum bed commitment). However, in January,it used one bed,in February, it used two beds, and in March it . used three beds—averaging out to two beds for the quarter. City B pays for one bed in January, two beds in February, and three beds in March. Since City B has fully met its bed commitment, it has no need for its share of the reduced rate beds (it was entitled to .5 of a reduced rate bed). Accordingly, this .5 reduced rate bed is reallocated to the cities which did not meet their bed commitment. City C: • Minimum bed commitment: 155 beds • Estimated share of reduced rate beds: 35 • 2004 Actual Use: 80(for the purposes of simplicity, assume every month equals 80 beds). City C's actual use falls short of its minimum bed commitment. Under this proposal, each month, City C pays for the 80 beds it actually used. At end of each quarter, City C pays the difference between its actual use and its minimum bed commitment(in this case,35 beds at the reduced rate and 40 beds at the full rate). At the end of the year, a final reconciliation is performed which not only takes into account City C's bed use,but also incorporates any overages from other cities which exceeded their bed commitment. Based on this final calculation,City C receives 5 more of the reduced rate beds(not all of the cities used their reduced rate beds). By the end of the year, City C will have paid for 40 beds at the reduced rate (35 from the original allocation plus 5 more beds from cities which didn't need the reduced rate beds) and 115 beds at the full rate for a total of 155 beds. *row J G:\2004 Agreements\Second Amendment-Consortium.doc -14- __...YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT.C*-PAGE 11 1�Y\o c[6;1r)itilikr,it) CITY OF RENTON Or Mayor • N�O� Kathy Keolker August 22,2006 0. Mr. Steve Robertson,Director °nraf Mr. Kenneth A. Ray O e C' '✓ Yakima County Dept. of Corrections and Security it-� �, � i 04/, 128 N. Second Street ��/i 110 Yakima, WA 98901 -41 v. /, RE: Notice of Termination Dear Gentlemen, Pursuant to Paragraph 4(b) of the Interlocal Agreement Between Yakima County and thirty- four King County cities, for the Housing of Inmates by Yakima County Department of Corrections and Security, the city of Renton(hereinafter"Renton") is hereby notifying you, and all signatories of the Interlocal Agreement, of its desire to terminate its participation in • the subject Interlocal"for cause." Paragraph 4(b) defines "Cause" as "any material violation of the terms of this Agreement or any material breach of a party's obligation under the terms of this Agreement." Yakima has committed a material violation of the terms of the Interlocal Agreement by violating the . terms of Paragraphs 2 and 6, discussed in reverse order. Paragraph 6(a)provides that"Yakima County shall manage, maintain and operate its jails in compliance with all applicable federal, state and local laws and regulations." That paragraph also requires Yakima to "adequately supervise City Inmates; [and] maintain proper discipline arid control"of inmates. Yakima has failed to comply with that paragraph. Furthermore, Paragraph 6 (a)requires that Yakima County, among other things"... provide all necessary basic, emergency and/or major medical, psychiatric, dental and hospital services and supplies;provide for the City Inmates' physical and subsistence needs...." Yakima has failed in these areas as well. A study was completed in 2005 by Collins and Coleman. That study concluded that inmate violence in the Yakima Jail was increasing. In fact,the data showed that,when compared to three other facilities,Yalcima's number of inmate violence were highest. Apparently, several inmates sustained broken jaws. The study concluded that the broken jaw incidents involved gang or group activity and that the beatings were planned events. The Collins/Coleman study identified numerous possible reasons for the inmate on inmate violence,having to do with the configuration of the main jail complex. The cells in the pods have blind spots that make supervision difficult. The draft of the study recalls an account of YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT D-PAGE 1 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX(425)430-6523 RENTON �� AHEAD OF TILE CURVE f4..4 This paper contains 50%recycled material,30%past consumer Mr. Steve Robertson Mr. Kenneth Ray August 22, 2006 '°i' Page 2 of 6 a jailer accidentally discovering an incident of inmate violence. It was fortuitous that the jailer happened to be in a position to see it. In another incident, an inmate was a victim of being hit with a mop. He was the apparent victim of an attack that was set up because the ingrates could communicate with each other by signing from cell to cell.' The Collins/Coleman study made the following observation: While operational changes in the Main Jail and Annex can chip away at levels of violence and enhance the level of inmate safety, virtually anything done in those two facilities will remain of a stopgap, almost band-aid nature. The facilities are going to remain crowded, idleness is likely to continue, and other compromises of strong correctional practice will continue to be necessary. Clearly the best solution lies a few miles away from the Main Jail complex in the form of the new Justice Center.. Collins and Coleman warned Yakima aboutnot using the new,Justice Center: "Not to do so leaves the jail with the much more challenging task of trying_to•improve the quality of operations in facilities thatalmost:inherently resist such improvement." So,while Yakima did open and use the new Justice Center for a short time, Yakima's closure of the Justice Center soon thereafter was a foretelling of its disregard for;inmate.safety issues. • Collins and Coleman recommended several other things to reduce the violence. Specifically, they recommended increasing staffing and training as well as using the new jail as a more permanent solution to the problems. They also recommendedthat there be an audit of the medical services. Renton is aware that Yakima has written a rebuttal to this study, indicating it is working toward improvement However,Renton has not seen improvement in the very areas of concern and where Yakima indicated it was working on a solution. Renton has been told that the incidents of violence have reduced since the study. That statistic will be meaningless to the inmate who happens to be the unlucky statistic. Obviously,Renton would prefer that no inmate be injured. Since Renton cannot speak on behalf of inmates who are not Renton irunates,Renton chooses to speak on behalf of those who are. Renton does not want its inmates harmed in the Yakima Jail. The Collins/Coleman study was not Yakima's only review of its jail in 2005. There was a Task Force as well. The Jail Options Task Force, in its Report and Recommendations (April 28,2005), suggested: "The County should set a goal to reduce the population of the downtown facility to a maximum of 800 inmates by January 2006 and 750 inmates by January 2007." Renton notes, however,your own reporting shows that your average daily 1 This information might not have made it into the final version of the study. Nonetheless,it happened and Yakima got a copy of the draft of the study from the JAG Coordinator. loamy 06 071/KK:aa YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT D-PAGE 2 Mr. Steve Robertson Mr. Kenneth Ray August 22,2006 Page 3 of 6 confined population for 2005 was 961. More recently,August 16, 2006, your confined population was 957. Yakima is not taking seriously its goal to reduce the number of inmates to 800 by January,2006,and 750 by January,2007. Neither has Yakima adequately addressed grievances related to provision of health care, In Yakima's records of the Grievance Type Count for 01/01/2000 through 06/01/2006,we find over 1,190 grievances that are related to the provision of health care and drugs/prescriptions. Those grievances are spread out over the 12 months of the years 2000 through June,2006, as follows: January 86,February 62, March 95, April 168, May 103, June 80,July 81,.August 114, September 118,October 87,November 94,and December 106. Of great concern is the fact that the numbers for the months of July through December of 2006 are not included in the totals set out. •So those amounts from your Grievance Type Count (for those months) are • likely to increase as we progress through the year. Here again,Renton sees no improvement and does not want Renton inmates denied the medical/dental care they need. In April of this year, a medical review was conducted by Dr.Arno, PhD,, funded by the National Institute of Corrections. His report noted the.problems Yakima was having in • maintaining adequate medical staffing. He noted that the,medical and mental health intake forms are completed by booking clerks, who,have no health training, and this is the area that , is, generally, the highest liability for jails: 'Dr. Anno'Suggested that there be a registered nurse at the jail to do intake and screening.df incoming inmates. '0 Dr.Anno also concluded that"the sick call system is broken." Dr. Arno found [elven with the increase in physician.time from six hours a week to six hours a day, patients are not being seen in a timely manner. The average wait from the time the inmate's request is received to the time when the patient is seen by a physician is 9-14 days. This is unacceptable." He made the observation that the method of dispensing over the counter drugs (drugs that people in the community could acquire easily) was creating a backlog that was exacerbating the provision of medical care for more serious matters. Dr.Anno was of the opinion that"[a]ccess to care, the constitutional right of inmates, is severely compromised at the Yakima DOC." In fact,he saw a list of"names of 57 inmates who are prohibited from accessing care, generally for a three month period." Based on his experience he formed the opinion that"[tjhis is not only unacceptable medical practice, it also creates a huge potential liability problem for the county,because it violates inmates' constitutional rights." This assessment by Dr. Anno is proof enough that Yakima is in breach of the interlocal agreement.2 2 Of further interest on this point is a Stipulation for Entry of Final Judgment in the case of Dudek v.Blair,et al,,C-76-226RJM(E.D.Wa.). That stipulation and order incorporated by reference certain amendments to the Yakima County Jail Policies and Procedures. Those amendments were attached as Appendix II to the stipulation. Under"Medical Care"on that Appendix,Yakima promised:"1)A resident will receive the same health care services as may be expected in the community. ... 3)No inmate will be denied access to medical care." While these are dated materials,it is hard to imagine that Yakima would have removed these provisions vid 06-071/KK:aa YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT D-PAGE 3 Mr. Steve Robertson Mr. Kenneth Ray August 22,2006 Page 4 of 6 •Of particular interest to Renton was Dr. Anno's findings related to draft medical policies and procedures allegedly approved in 1996. He determined that those policies and procedures were never finalized,let alone implemented. What assurances does Renton have that Yakima will take to heart any of Dr. Anno's recommendations when Yakima has shown a disinclination in the past to implement policies and procedures that would inure to the benefit of the inmates? • In May of this year, a third review was conducted; it was performed by Ray Sabbatine at the request of Yakima. Once again,the request went through the National Institute of Corrections. According to Mr. Sabbatine,he was contacted to provide assistance in developing a new classification process. Mr. Sabbatine made numerous recommendations based on some of his findings. He said: "The current process of inmate classification has been overburdened by the inability of the current management information system to produce and timely disseminate risk and needs data especially during the intake process." He went on to explain: Bed space shortages have necessitateda•commingling of all levels of medium custody. On the one hand this instrument moves even'the most minor of Now, offenders that are of a pretrial'statusto the:lower end Of medium custody. On the other hand with this same instrument a first time murderer with no prior conviction history and.no.,previous institutional• behavior history is also classified as medium custody but at the most upper end'of the medium scale. Facilities failing to house according to the originally, intended medium custody stratifications could potentially end up with a'murderer being housed with the pretrial town drunk. Although this is an ektreme example, the impact of medium custody commingling often results in an unhealthy mix of offenders and their unwanted behaviors. Mr. Sabbatine made numerous recommendations. One of the recommendations spoke to custody levels and housing plans. He recommended a pilot study with a minimum of 200 subjects. The pilot study would"result in a percentage breakdown of inmates into custody levels. Those percentages will facilitate the development of a housing plan that should be significantly different from the current housing configuration." He went on to discuss Resource Management. He pointed out: The current staff resources dedicated to classification are woefully inadequate. ... The rule of thumb is one classification officer for every 125-150 inmates. from its own Policies and Procedures. If Yakima did not remove them,then Yakima has violated its own Policies and Procedures. If Yakima did remove them then that is evidence of Yakima's indifference to the medical needs of inmates in Yakima's custody. Neither result is acceptable to Renton. 06-071/KK:aa 'YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT D-PAGE 4 Mr. Steve Robertson Mr. Kenneth Ray August 22,2006 Page 5 of 6 • If this organization desires success with the classification process it must . properly resource the effort. A population of some twelve hundred inmates should have at least six classification officers, a data entry clerk and a supervisor. Staffing at a lesser level will not likely produce the desired outcomes. • After implementing the new classification system, Yakima must then execute a new plan for behavioral management. The first bullet point says: "Establishment of fair rules and housing unit expectations consistent with a new housing plan." Renton does not see any move by Yakima to put into practice these recommendations, For example,there is no evidence that Yakima is moving to increase its staffing for the classification intake process. Yakima has a corporal (supervisor), a clerk, and 3 officers staffing this important function of classifying inmates. Mr. Sabbatine pointed out that staffing levels less than his recommendation will not likely produce the desired outcomes: When you consider the number of inmates Yakima has who need to be classified (those who are confined aswell'as those who will be placed on • home detention)Yakima's Current staffing levels are inadequate and are not aimed at success. Despite the recommendations of the consultants, Yakima,County has not made the necessary changes that would ensure that it will come into•compliance with federal or state laws relating to the proper treatment of:and;care forinmates in its-custody. Yakima's continued .4000 refusal to open and operate permanently the new facility is a testament to its disregard for inmates' rights and needs. Renton cannot abide this deficiency. Renton believes opening and properly staffing the newJusticeCenter will make a big difference in Yakima's ability to comply with state and federal laws related to inmate custody and safety. However, Renton also believes more deeds to be done in the areas of classification of inmates as well'as the provision of health and dental care. The Interlocal, Paragraph 2, makes it clear that the effective date of the Interlocal was to coincide with Yakima's putting inmates in the new facility. Yakima has failed to do that, to the detriment of the inmates in Yakima's custody. This,too, is a breach o_f the Interlocal Agreement. Neither Renton nor Yakima can ask its prisoners to face the risks that have been documented in the Yakima jail facility. Neither can Renton accept the financial risk that is the result of Yakima's failure. Therefore, Renton will discontinue its use of Yakima County Jail for purposes of housing Renton inmates. Renton's decision will be put into effect immediately to avoid harm to any of its inmates. Further, Renton will be making arrangements to take back into Renton's custody those inmates who remain in the Yakima County Jail. 06-071/KK:aa YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT D-PAGE 5 Mr. Steve Robertson Mr. Kenneth Ray August 22,2006 *owe Page 6 of 6 Should you have any questions, please do not hesitate to contact our Chief Administrative Officer,Jay Covington, or our Auxiliary Services Manager, Penny Bartley. Sincerely, . ;"/r«/ Kathy Keolker Mayor cc: Jay Covington,CAO Kevin Milosevich, Chief of Police Penny Bartley,Manager,Aux. Services • Lawrence J.Warren,Renton City Attorney Ron Zirkle,Prosecuting Attorney,Yakima County • Joe Scholz,City of Algona Anthony Hemstad, City of Maple Valley• Pete Lewis,City of Auburn Douglas Schulze,City of Medina Judee Wells,Town of Beaux Arts Village Richard Conrad, City of Mercer Island Steve Sarkozy,City of Bellevue John Starbard,City of Newcastle Howard Botts,City of Black Diamond Joyce Papke,City of Normandy Park • ___ Bob Stowe, City of Bothell Ken Hearing,City of North Bend • David Cline, City.of Burien , Richard,Hildreth,City of Pacific Gary Long,City'of Carnation - ' Rosemarie Ives,City of Redmond George Martin,City of Clyde Hill Ben Yazici,City of Sammamish Andrew Dempsey,City of Covington Craig Ward,City of SeaTac Tony Piasecki,City of Des Moines - Greg Nickels, City of Seattle Will lbershof,City of Duvall • Robert Olander,City of Shoreline • • Neal Beets,City of Federal Way Charlotte.Mackner,Town of Skykomish Ave Frisinger,City of Issaquah , Matt Larson,City of Snoqualmie Stephen Anderson,City•of Kenmore Steve Mullet,City of Tukwila David Ramsay,City of Kirkland Jim Katica, City of Woodinville David Hutchinson,City of Lake Forest Park David Cooper,Town of Yarrow Point Now 06-071/KK:aa YAKIMA COUNTY V.CITY OF RENTON ATTACHMENT D-PAGE 6 CITY OF RENTON COUNCIL AGENDA BILL ., AI#: � Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department June 18, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Request for Utility Bill Adjustment from the Ordinance Renton Housing Authority Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment ' Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Two water leaks were found by Renton Housing Authority(RHA) and City staff, which leaks substantially increased RHA's utility bills. The water leaks resulted in utility bills totaling $31,342.16 for February and March 2007. RHA requests an adjustment of$14,158.35, which leaves $17,183.81. For the same two months in 2006, RHA's utility bills totaled $14,087.05. The requested adjustment breaks down as follows: Water- $2,200.95; Sewer- $3,635.40; and Metro - $8,322. STAFF RECOMMENDATION: Grant the requested adjustment in the amount of$14,158.35. C:\DOCUME—1\B Walton\LOCALS-1\Temp\2007_Renton Housing Authority leak adjustment request.doc C.C(°' \\� FINANCE AND ` INFORMATION SERVICES DEPARTMENT �"4— MEMORANDUM DATE: June 7, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Michael Bailey, FIS Administrator �= SUBJECT: Request for Utility Bill Adjustment from the Renton Housing Authority ISSUE Should an adjustment be made to Renton Housing Authority (RHA) utility bills as a result of a water leak? BACKGROUND Finance received a request for a leak adjustment from the RHA. Attached is their request and ''ter documentation of the leaks along with their utility billing history. RHA and City staff worked for some time to locate leaks. They were found in two places. The requested adjustment covers two billing periods and breaks down as follows: Water $2,200.95 Sewer $3,635.40 Metro $8,322.00 Total $14,158.35 Ordinance 5210 provides that the Finance Committee shall approve any utility account adjustment over $2,000. RECOMMENDATION Staff recommends granting the adjustment in the amount of$14,158.35. MEB/CZ/dlf Attachments,as stated cc: Gregg Zimmerman,P/B/PW Administrator Lys Hornsby,Utility Systems Director Linda Parks,Fiscal Services Director Nialav Cindy Zinck,Finance Analyst Supervisor Elloyce Sumpter,Accounting Supervisor h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007 renton housing leak adjustment new.doc ��NTON HOUsi^,C R4 ',1410 AUTHORITI RENTON HOUSING AUTHORITY A P.O.Box 2316• Renton,WA 98056-0316 Office 425/226-1850•Fax 425/271-8319 DAF:4-UNI1U www.rentonhousing.org TDD Relay 1-800-833-6388 • March 22, 2007 Mrs. Sumpter City of Renton 1055 South Grady Way Renton, WA 98055 RE Account: 4839 970 Harrington Ave. NE Dear Mrs. Sumpter: There is a master meter that is controlling 27 buildings with a 100 units and the M & M Building. The utilities are vintage 1959. All the copper plumbing is the original piping. We are aware that the water system definitely needs to be upgraded. We are continually watching for indications of excess water usage and new leaks. The first leak was located in front of A-2612 Sunset Lane NE by Mr. George Stahls and his crew on March 1, 2007. A hole measuring 3/8"x 1/4" was located in a 1 1/2 inch copper tree five feet under ground. Renton Housing Authority completed the required repairs March 5, 2007. We have provided photos for your files. Please see photos 1 & 2. On the morning of March 8, 2007, a second leak was discovered in front of D-2715 NE l0`!' Street by Mr. Stahls and his crew. A hole measuring 1/4"x 3/16" was in a water line about five feet below the ground in a 2 inch reducing tee. Renton Housing Authority repaired this leak on the same day. Please see photos 3 & 4. We had noted that the water usage had been increasing significantly. It is difficult to deter aline of how much water is used or may be leaking when you are on one master meter. I hope that I have provided adequate information for you to determine the amount of water that was lost over the past couple months to determine the amount of the credit due Renton Housing Authority. Sine - !„ Jim Austin Maintenance Supervisor Renton Housing Authority TYPE OF LEAK Leak caused by City Staff � . O Commercial Adjustment 1/2 of excess co Coil;'. ,t` ,til 1FJj fjp MTF&Comm E:::e.:r,tot Wale? periodA 2nd Bill 3RD Bill Period d- Period Pei d 0 9 Totals Water 2.01 '`2�#:3.#�> > .: ; ::: ::;�0: ` : 2 2 0. 5 3695 Renton Sewer 1.66 19:. >:": : -..-....i....,...:. , `4 `'> :3. ►3$ �: : $ ` < . : a ® :x :;> <: t3.> .,:: ,, :. 1505 County8 Kin3. 0 Rverage t7sags 7��... .:: . ... 9 � ' TTL OVERAGE .,: 1115 1075 0 : '.E '> >:: ::: Total Adj: ( $16,354.30 ( 14151135 h5 YR ADJ Utility Billing Account History ListUser: carolb F w'.- a to 4 •i iv Service Address: 970 HARRINGTON AV NE Reference Number: 250115 Owner Name: SUNSET TERRACE Account Status: Active Home Phone: ( ) - Ext Connect Date: 02/28/1970 Business Phone: ( ) - Ext Billing Cycle: 2 Customer Name: SUNSET TERRACE Account Number: 004839 000 Amount Due: 0.00 Customer Address: PO BOX 2316 RENTON,WA 98056-0316 Route Number: 25 Sequence Number: 000140 Serial Number: 1501224 -7,050.38 0.00 0.00 0.00 Date Type Amount Description Water Sewer Storm Metro Garbage Penalty Misc unapp ca I Read Dt Reads Cons Service Balance: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 05-29-07 Pay -7,050.38 -1,540.17 -1,155.09 -29.46 -2,645.98 -1,679.68 05/01/2007 170,085 695 05-15-07 Bal 7,050.38 1,540.17 1,155.09 29.46 2,645.98 1,679.68 04/02/2007 169,390 ✓ 1,080 05-15-07 Bil 7,050.38 1,540.17 1,155.09 29.46 2,645.98 1,679.68 03/01/2007 168,310 y 1,830 04-24-07 Pay -9,930.18 -2,314.02 -1,794.19 -29.46 -4,112.83 -1,679.68 02/01/2007 166,480 i)bu 1,865 i 04-16-07 Bal 9,930.18 2,314.02 1,794.19 29.46 4,112.83 1,679.68 01/02/2007 164,615 ) 1,810 04-16-07 Bil 9,930.18 2,314.02 1,794.19 29.46 4,112.83 1,679.68 12/01/2006 162,805 1,540 03-22-07 Pay -15,540.18 -3,821.52 -3,039.19 -29.46 -6,970.33 -1,679.68 11/01/2006 161,265 1,470 03-14-07 Pay -15,801.98 -3,891.87 -3,097.29 -29.46 -7,103.68 -1,679.68 10/02/2006 159,795 [ 1,6507 03-15-07 Bal 31,342.16 7,713.39 6,136.48 58.92 14,074.01 3,359.36 09/01/2006 158,145 1,680 Z'' 03-15-07 Bil 15,540.18 3,821.52 3,039.19 29.46 6,970.33 1,679.68 08/01/2006 156,465 1,565 02-15-07 Bal 15,801.98 3,891.87 3,097.29 29.46 7,103.68 1,679.68 07/05/2006 154,900 1,530 02-15-07 Bil 15,801.98 3,891.87 3,097.29 29.46 7,103.68 1,679.68 06/02/2006 153,370 1,260 01-31-07 Pay -14,351.35 -3,593.50 -2,861.13 -28.60 -6,188.44 -1,679.68 05/01/2006 152,110 980 01-16-07 Bal 14,351.35 3,593.50 2,861.13 28.60 6,188.44 1,679.68 04/03/2006 151,130 99 01-16-07 Bil 14,351.35 3,593.50 2,861.13 28.60 6,188.44 1,679.68 03/01/2006 150,140 .r ,,' 750' 12-27-06 Pay -12,485.65 -3,077.80 -2,434.53 -28.60 -5,265.04 -1,679.68 02/01/2006 149,390 1, '? 755_.t 12-15-06 Bal 12,485.65 3,077.80 2,434.53 28.60 5,265.04 1,679.68 01/03/2006 148,635 845 12-15-06 Bil 12,485.65 3,077.80 2,434.53 28.60 5,265.04 1,679.68 12/01/2005 147,790 920 11-29-06 Pay -12,001.95 -2,944.10 -2,323.93 -28.60 -5,025.64 -1,679.68 11/01/2005 146,870 865 11-15-06 Bal 12,001.95 2,944.10 2,323.93 28.60 5,025.64 1,679.68 10/04/2005 146,005 995 11-15-06 Bil 12,001.95 2,944.10 2,323.93 28.60 5,025.64 1,679.6809/01/2005 145,010 1,350 10-25-06 Pay -13,245.75 -3,287.90 -2,608.33 -28.60 -5,641.24 -1,679.68 08/02/2005 143,660 1,090 10-16-06 Bal 13,245.75 3,287.90 2,608.33 28.60 5,641.24 1,679.68 07/01/2005 142,570 830 10-16-06 Bil 13,245.75 3,287.90 2,608.33 28.60 5,641.24 1,679.68 06/01/2005 141,740 745 09-25-06 Pay -11,983.05 -3,345.20 -2,191.21 -28.60 -4,738.36 -1,679.68 05/02/2005 140,995 640 09-15-06 Bal 11,983.05 3,345.20 2,191.21 28.60 4,738.36 1,679.68 04/04/2005 140,355 365 09-15-06 Bil 11,983.05 3,345.20 2,191.21 28.60 4,738.36 1,679.68 03/01/2005 139,990 770 08-23-06 Pay -11,763.40 -3,125.55 -2,191.21 -28.60 -4,738.36 -1,679.68 02/01/2005 139,220 1,135 08-15-06 Bal 11,763.40 3,125.55 2,191.21 28.60 4,738.36 1,679.68 01/03/2005 138,085 1,080 08-15-06 Bil 11,763.40 3,125.55 2,191.21 28.60 4,738.36 1,679.68 12/06/2004 137,005 1,255 07-25-06 Pay -11,696.55 -3,058.70 -2,191.21 -28.60 -4,738.36 -1,679.68 11/01/2004 135,750 1,100 07-14-06 Bal 11,696.55 3,058.70 2,191.21 28.60 4,738.36 1,679.68 10/01/2004 134,650 995 07-14-06 Bil 11,696.55 3,058.70 2,191.21 28.60 4,738.36 1,679.68 09/01/2004 133,655 1,265 06-27-06 Pay -10,550.85 -2,543.00 -1,992.13 -28.60 -4,307.44 -1,679.68 08/02/2004 132,390 1,690 06-15-06 Bal 10,550.85 2,543.00 1,992.13 28.60 4,307.44 1,679.68 07/01/2004 130,700 1,200 06-15-06 Bil 10,550.85 2,543.00 1,992.13 28.60 4,307.44 1,679.68 06/01/2004 129,500 780 05-24-06 Pay -8,616.05 -2,008.20 -1,549.73 -28.60 -3,349.84 -1,679.68 05/03/2004 128,72 850 UB-Account History List(06/01/2007- 9:32 AM) Page 1 .' 4 err Yf } i $ $ t ,1 s 1/2 ‘" 4 low S . _ `'. 1; ''-'.'' 1 , , '-')/ iii ,..-,,,. 7. .1„ � s ,4 0c • me - i } • t s�LE a �L iFy 9 y �`' AN. � L ". ',:ta.' :'4' :7:::)'''''':1".""").''' ' ra ,. tis s �# agar, 0 — 4r 24,1 *,?:"7'4 .,„ q CITY OF RENTON COUNCIL AGENDA BILL AI# C LI Submitting Data: For Agenda of: Dept/Div/Board.. Fire Department June 18, 2007 Staff Contact Chuck Duffy, Deputy Fire Chief Agenda Status Ext. 7061 Consent X Subject: Public Hearing.. Correspondence.. Hazardous Materials Specialist (Local 2170) Position Ordinance Conversion to Uniformed Lieutenant (Local 864) Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Memorandum of Understanding Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... $42,702.00 Transfer/Amendment Amount Budgeted $59,460.00 Revenue Generated Total Project Budget $59,460.00 City Share Total Project.. SUMMARY OF ACTION: The Fire Department desires to convert the civilian Hazardous Materials Specialist position to a uniformed Lieutenant's position assigned as the Hazardous Materials Coordinator. Despite two recruiting efforts,the position has been vacant since December 2005. This action will eliminate any future prolonged vacant periods, provide continuity, and emergency response expertise to facilitate hazardous materials responses. STAFF RECOMMENDATION: Approve conversion of the Hazardous Materials Specialist position (Local 2170) to a uniformed Lieutenant position (Local 864) assigned as the Hazardous Materials Coordinator. Rentonnet/agnbill/ bh GY O FIRE DEPARTMENT ® ` ` MEMORANDUM NT DATE: June 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: 4Kathy Keolker, Mayor FROM: I. David Daniels, Fire Chief STAFF CONTACT: Chuck Duffy, Deputy Fire Chief, Response Operations SUBJECT: Fire Lieutenant, Hazardous Materials Coordinator ISSUE: The Fire Department is seeking to convert the civilian Hazardous Materials Specialist position to a uniformed Lieutenant's position who will be assigned as the Hazardous Materials Coordinator. BACKGROUND: Now The existing Hazardous Materials Specialist position has been vacant since December 2005 despite two efforts to recruit a qualified civilian candidate. In addition, a review of the position identified the need for individuals with hazardous materials response experience. The Department believes that this conversion to a Lieutenant's position will achieve three key goals. First, the position will have less turn over and consequent periods of vacancy. The history of the position has demonstrated that prior civilian specialists have left for greater opportunities once they have gained the training and knowledge. Following their departure, the position has often been vacant for extended periods due to the difficulty of finding qualified candidates. The second benefit will be continuity; we will not lose the knowledge and experience of the individual in the position. Currently, when a civilian specialist leaves the department, all their experience and knowledge leaves as well. However, the proposed position will be for an existing Renton Fire Department uniformed Lieutenant with a hazardous materials background. The third benefit will be that the uniformed Lieutenant will already have emergency response experience. One of the challenges of using civilian personnel is training them so that they can effectively integrate into hazardous materials emergencies. A Lieutenant will already have this knowledge and be better able to facilitate the overall response. This conversion will result in the position moving from AFSCME Local 2170 and moving to IAFF Local 864. An agreement has already been reached with AFSCME Local 2170 regarding the transfer of duties from their bargaining unit (see "Memorandum of Understanding" dated May 15, 2007). The agreement notes that some of the Hazardous Materials Specialist duties will remain with Local 2170 and that those duties can be best supported by an additional Plans Reviewer position. Thus, the Fire Department will seek an additional Plans Reviewer position in the 2008 budget. The new Hazardous Materials Coordinator position will continue to work in the Fire Prevention Bureau on a 40-hour week schedule. Their responsibilities will include hazardous materials inspections and the coordination of the Hazardous Materials Response Team activities. The new position will be filled from the existing group of Lieutenants. This move will create a vacancy in the Lieutenant's ranks, which will be filled by promoting a firefighter who will, in turn, be replaced by hiring a probationary firefighter. The savings generated by the vacant position will cover the salary difference between the two positions. Thus, there will be no increase in the 2007 budget for this position. RECOMMENDATION: Staff recommends converting the civilian Hazardous Materials Specialist position (Local 2170) to the position of Lieutenant, Hazardous Materials Coordinator (Local 864) resulting in a vacancy to be filled by promoting a firefighter to Lieutenant, and then hiring a probationary firefighter to fill that vacancy. MEMORANDUM OF UNDERSTANDING between The City of Renton (CITY) and AFSCME Local 2170 (UNION) By signature below, the parties agree to the provisions of this Memorandum of Understanding (MOU). The MOU shall address the transferring of some of the Hazardous Materials Specialist duties from local 2170 to the assignment of Fire Lieutenant. Because some Hazardous Materials Specialist duties are expected to remain with the bargaining unit, the City and Union have agreed Fire Administration will request and advocate in the 2008 budget an additional new position of Fire Plans Reviewer and will make this position a top recruiting priority in 2008 if approved by Council. Signed this i5 day of // , 2007 at Renton, Washington. For the Union: For the City: -7/Z/a( Vir 14110, /1( 1 1 Page �L I • i" CITY OF RENTON COUNCIL AGENDA BILL tea: , 1C0 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems June 18, 2007 Staff Contact Ryan Zulauf, Ext. 7471 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Renton Airport Entrance Project Closeout Ordinance Contractor: Construct Co. (CAG 06-066) Resolution Old Business Exhibits: New Business Study Sessions Issue Paper Information Final Pay Estimate Notice of Completion Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: (Account Number 422.024210) Expenditure Required... $634,289.14 Transfer/Amendment 0 Amount Budgeted $675,000.00 Revenue Generated 0 Total Project Budget $675,000.00 City Share Total Project.. $634,289.14 SUMMARY OF ACTION: The Renton Airport Entrance Rehabilitation Project began on June 8, 2006, with substantial completion on December 4, 2006. The original contract amount was $571,200.00, with the final contract amount being $574,451.45. Change Order#1 was issued October 2006 to increase the contract amount by $10,867.45, for the resurveying of the monument site; and Change Order#2 was issued February 2007 to decrease the contract amount by$7,616.00, due to the unacceptable concrete pour that consisted of color variations in the concrete. STAFF RECOMMENDATION: Approve the completion of the Airport Entrance Rehabilitation Project and release retainage in the amount of$19,133.42 to Construct Co. after 60 days, subject to the required authorization. H:\file sys\AIR\Projects\Tasks\Agenda Bills\Construct Co closeout\ag bill Construct Co closeoutREVISED.doc i Cr(cY O PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT TOS MEMORANDUM DATE: June 18, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmermaill- ministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Renton Airport Entrance Project Closeout Contractor: Construct Co. (CAG 06-066) ISSUE: Should Council approve the completion of the Airport Entrance Rehabilitation Project and release retainage to Construct Co.? *iv RECOMMENDATION: Approve the completion of the Airport Entrance Rehabilitation Project and release retainage in the amount of$19,133.42 to Construct Co. after 60 days, subject to the required authorization. BACKGROUND SUMMARY: The Renton Airport Entrance Rehabilitation Project began on June 8, 2006, with substantial completion on December 4, 2006. The original contract amount was $571,200.00, with the final contract amount being $574,451.45. Change Order#1 was issued October 2006 to increase the contract amount by $9,988.47 plus tax or $10,867.45 ($9,988.47 x .088 = $878.98 + $9,988.47 = $10,867.45), for the resurveying of the monument site. Change Order#2 was issued February 2007 to decrease the contract amount by $7,616.00, due to the unacceptable concrete pour that consisted of color variations in the concrete. Change Order#2 is not reflected on the final pay estimate, so the grand total of$582,067.45 is reduced by $7,616.00 for a new grand total of$574,251.45 ($582,067.45-$7,616.00 = $574,451.45). Change Order#2 also decreases the retainage paid from $26,749.42 to $19,133.42 ($26,749.42-$7,616.00 = $19,133.42) cc: Peter Hahn, Deputy PBPW Administrator—Transportation Ryan Zulauf, Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie, Airport Secretary c`documents and settings\user\desktop\iss paper construct co closeoutrevised doc R A TO: FINANCE DIRE.;(OR FROM: AIRPORT MANAGER VINO CONTRACTOR: Construct Co. CONTRACT NO.: CAG-06-066 ESTIMATE NO. 004 DATE 12/12/2006 PROJECT: Airport Entrance Rehabilitation Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $ 169,647.62 2. SALES TAX AT 8.8% $ 14,928.99 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $ 184,576.61 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $347,073.81 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE(95%x LINE 1) $161,165.24 6. SUBTOTAL-CONTRACTOR PAYMENTS $508,239.05 7. RETAINAGE ON PREVIOUS EARNINGS $18,267.04 8. RETAINAGE ON EARNINGS THIS ESTIMATE(RETAINAGE:5%x LINE 1) $8,482.38 9. SUBTOTAL-RETAINAGE $26,749.42 10. SALES TAX PREVIOUSLY PAID $32,149.99 11. SALES TAX DUE THIS ESTIMATE $ 14,928.99 12. SUBTOTAL-SALES TAX $47,078.98 GRAND TOTAL: $582,067.45 FINANCE DEPARTMENT ACTION: 441104 PAYMENT TO CONTRACTOR(Lines 5&11): ACCOUNT# 402.024210.5960.0046.63.000000 $176,094.23 25084/5110 RETAINED AMOUNT(Line 8): ACCOUNT# 402.024210.5960.0046.63.000000 $8,482.38 25084/5110 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 ISA JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: 40 / 1°F �i s _ `d s' *10.1 tv "yan lauf,Airport Manager 11, Printed On:12/12/2006 City of Renton Public Works Department Page 1 f 12/1112006 13:44 2063239242 MACLEOD RECKORD PAGE 02/02 APPLICATION AND CERTIFICATE FOR PAYMENT ON CONTRACT C1 RTIFICATE FOR PAYWNT, FOC peflod from: 10/112006 to 11/30/7006 Contract rat Airport Entrance Rehabilitation Project south Entrance Date: 913012006 Localidro Renton RAueiciple Airport Callao NO,;, 4 Conhnator•.ConnStrUct Co. Conti-ea No.: 0 orighat coitititet Amours: $525,000,00 Not changn in Colloid Amount to 0910: J9,888.47 Atijo ed Contract amount $894,988.47 IM .CI _r1u •. TALLIES 'r'•'tD A. or % -:"1 9: t' " Ind Nn. 06TAIL VALUE EARNCo CLAMED INVOICE I Mobilization - 55,146,00 $55.140.00 100% $56,146,00 $0.00 2 SUIVCy 10,000.00 $10,000.00 lovas $10,000.00 $0.00 3 Tempeuery Erosion!&Sadlmant Doc to l 4,492.00 $4,492.00 tar% $4,492.00 $0.00 4 Remove Elating Amt•3"'Not 2,563.00 52,563.00 lea% $1,526.00 $1,038.00 5 COM*Cement Qom*Wawa•4" 1,431.00 $1,431.00 100% 51,431.00 $0.00 0 stip sod 6,145.00 $6,145,00 roe s $8,145.00 $0,00 7 Grading&Euprivatltn 20,104,00 520,104.00 10016 618,000.00 $2,104.00 a Ind.Km 1,84e,00 $1,848,00 toast, $1,846.00 $0.00 A Stam 11,896.00 $11.890.00 100% $11,896,00 $0,00 10 VW Cnarhed Roar tender Cauda•to139 sf(2l 4' 3,825.00 $3,826.00 100% $3,825.00 $0.00 11 webbed Crtt6ied Rode under Gam Pave• 798x1 1,009.00 $1,01)$.00 l00% $1,009.00 $0.00 12 Sett"tau shed Roac IMO Pavers•AaZBsr(8 8" 2,754.00 $2,764,00 100% $2,754.00 $0,00 10 Clubhcd Grande-843 of Cr Illok 214.00 $214,00 100% $0.00 5214.00 14 sea"Gushed Rac&under Crusher:.Grants-542af 397.00 5387.00 1ovu. $0.00 $387.00 15 canatto 210,449.00 $210,449.00 100% $157,836.00 $52,613.00 1B Rama 42,537.00 $42,537.00 1tioyt. $34,029.60 $8,607A0 c 11' AR01141 concxata,f tux on 2"aa er Bare 15,886,00 516,886.00 100% $0.00 . $15,886.00 ''fir✓ , 16 P617M6NPNTCNAPW61.4ATI0N 1,115.00 61,118.00 100% 50.00 51,118.00 19 ADA Sign,t Whaa1 atop 291.00 ' 6281,00 100% 50.00 $281.00 20 Fc3400 • 2,725,00 $2,725.00 100% 30.00 $2,725.00 `/ 21 L,ANDSCAP11,10$U8 123,125.00 5123,125.00 10096 555,406,25 567,710.75 22 HANORNLINO 1,894.00 61,694.00 100% 50.00 91,894.00 20 &trach 4,341.00 $4,341,00 100% $0.00 $4,341.00 71) T,w,h Receptacle 822.00 $822.00 t00% $0.00 $822.00 25 10 Change orders; 20 1. Change Order No.1 $9,988.47 0,988.47 t00% $0.00 $9,986,47 21 2. $0.00 60.00 Mae $0.00 $0.00 22 2, 50.00 $0.00 Ma $0.00 $0.00 23 4, 50.00 50.00 MIN 50.00 $0.00 24 5, $0.00 60,00 Cx $0.00 $0.00 25 6. $0.00 30.00 masa $0.00 $0.00 2t3 7. 50.00 30.00 *kW 50,00 50,00 27 8. 50.00 $0.00 p## $0.00 50.00 29 6. $0.00 , $0.00 SIM $0.00 60.00 .K' "nr�i . SUBTOTAL. 5534,988,47 6534,986,47 7001E 3365,340.85 $169,547.62 t'r1i�1F. TAY. 8.80% SALES TAX $47,078.95 $47078,99 .:•-, i c, 332 14$99 $14,929,00 TOTAL, 5582,067.46 5582,067.46 8` Ig` $397,490.84 $184,576.621 n ?'R,11 �If1r5C�f'n�,y3"3." $29,103.37 ,�'h' $19,080.71 $10,022.69 Less RetalA�ge., 5�0 .,,., r, �r, �s �Aiw 2,1 NET nR ry V 52,909 r; {,s, 3378,01013 $174 4 553 9 5 Less Ptovlous Payments.. `1 �� *�µ $378 410,13 441itcs Additional lax 0..00% $000 es:OE'ya�:✓ 1 5000 ,f ,.. . ��egc'm einotl1a` o ,` 41 at1'rt ; lise AMOUNT bre'nits EsTimATE atdikE� 'a4-47u,f ,1' tfi,.0 $174,553.96 banks id&mar OM 4 tonM"r.WIN ctlMP9Htl Yam rhe robs d•.t4tIonaaf M•h.xu pltltlP9Pad c..ke4ccot MIo and p.yyeto Inca be Bf.Aa N tfP..AA.phn. ,rc,amount 1)+p Mot WWI NJE Tube B T Win ct Col>rtruct Co, f I.AC.L. }Zt5Z-Ko�.� (MaiM"aa Enllhwwl Ekt I C 4-r7- r��/� � a, Mlvac l 4e=.1/144\e A State Washington Department of Revenue /REVENUE oiyBox U a 47474 05504-7474 Contractors Registration No. (UBI No.) 602 170 577 Date 3/26/07 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name & Address of Public Agency Department Use Only City of Renton Assigned To Attn: Tracy Schuld 1055 S Grady Way Renton, WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Airport entrance rehabilitation project CAG 06-066 Contractor's Name Telephone Number Construct Co. General Corporation 253-826-2050 Contractor's Address 1621 Pease Ave Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted 6/8/06 12/4/07 3/7/07 Surety or Bonding Company Continental Casualty Co. Transcontinental Insurance Co. `wri 1Agent's Address 1 I PO Box 3018 Bothell, WA 98041-3018 Contract Amount S 524,121.02 Additions $ + 3,867.45 Liquidated Damages $ -7,000.00 Reductions $ — Sub-Total $ 527,988.47 Amount Disbursed $ 554,702.03 Amount of Sales Tax Paid at 8.8 % $ 46,462.98 Amount Retained $ 26,749.42 (If rnrn as rates,i/t/)/v.picas('send a breakdown) TOTAL $ 574,451.45 TOTAL $ 574,451.45 Disbursing Officer Comments: Signature Type or Print Name Tracy Schuld Phone Number 425.430.6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO „fir PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired,please call (360) 753-3217. Teletype (TTY)users please call (800)451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e(6-27-01) dad: ei/(A,1,6," .,4.e 5�,1lOOI ���� z A ??.&,c) igad-ew--")) NTON SCHOOL DISTRICT 403 ‘7, 016'6'7_T_ n Office of the Superintendent T>' 300 Southwest Seventh Street 403 Renton, WA 98057 425.204.2340 (voice) 425.204.2456 (fax) June 11, 2007 Dear Renton City Council'members, As you are aware, the Renton School District has undergone an extensive budget review to better align funding for tudent needs with current programs and services. As a part of this process, e will administer funding designated to manage the Renton Ikea Performing Arts Cen r (IPAC) but are unable to underwrite a "season" program and otherwise subsidize p ograms at previous rates. We will work hard to ensure quality performances are continu d to be offered at IPAC. IPAC is truly a community effort: from its inception when individuals and businesses chipped in more than $1. million to create a performing arts center out of a planned high school auditorium, to its present collaboration with Renton's art communities, and attendance at performanc s and ticket sales. The cost for the past seas n, beyond the revenuegenerated, exceeded Y $300,000. The District is asking the City f Renton to consider assisting with this cost by contributing $50,000 this fiscal year, a d $100,000 next fiscal year to manage IPAC and keep quality performances available fo the community. The IPAC Advisory Committee is planning for fundraising with the comunity to raise $100,000 this coming year. Your assistance would be greatly appreciated and go a long way in helping keep IPAC a thriving venue for entertai ment in Renton. Sincerely, 2- Z-(--7/f: . .„/._,e.e. ,-‘ Dr. Mary Ali& Heuschel Superintendent 1