AGENDA City Council Regular Meeting 7:00 PM - Monday, June 19, 2017 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATION a) July 4th Fireworks - Fireworks Ban Enforcement Update
4. PUBLIC HEARING a) Old Highlands Library Surplus Property Designation (See item 9.a.)
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED.
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 June 5, 2017.
Council Concur
b) Approval of Council Meeting minutes of June 12, 2017.
Council Concur
c) AB - 1928 Mayor Law reappoints the following individuals to the Airport Advisory Committee with terms expiring on 5/7/2020: Jeffrey Thomson, Highlands Neighborhood, Alternate Position; Matthew Devine, Talbot Hill Neighborhood, Primary Position; Robert Moran, South Renton Neighborhood, Primary Position; and Melody Kroeger, Renton Hill/Monterey Terrace Neighborhood, Alternate Position.
Council Concur
d) AB - 1934 City Clerk reports the results from the June 6, 2017 bid opening for CAG-17- 004, 2017 Street Patch and Overlay Project; and submits the staff recommendation to accept the lowest responsive bid from Icon Materials, in the amount of $1,669,122.62.
Council Concur
e) AB - 1935 City Attorney recommends adopting an ordinance eliminating the sunset date in RMC 6-32-1 and making the City's income source discrimination law permanent. (See item 9.b.)
Council Concur
f) AB - 1932 Community & Economic Development Department requests authorization for the Mayor to accept the tender of a promissory note from SECO Development extending the payment for building permits for the Southport Office Towers 2 (August 1, 2017) and 3 (September 1, 2017).
Council Concur
g) AB - 1933 Police Department recommends adopting an ordinance amending the Renton Municipal Code related to animal control and related fees.
Refer to Public Safety Committee
h) AB - 1930 Utility Systems Division submits CAG-16-036, Talbot Hill Sewer Relocation – I- 405/SR 167 Interchange Direct Connector Project, Contractor Scarsella Bros., Inc., and requests acceptance of the project, and authorization of final pay estimate in the amount of $43,388.60 and release the retainage in the amount of $144,147.68 after 60 days, subject to the receipt of all required authorizations.
Council Concur
i) AB - 1931 Utility Systems Division recommends approval of an interagency agreement with King County that provides $235,320 in non-matching grant funding in 2017-2018 to implement waste reduction and recycling programs.
Refer to Utilities Committee
8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Transportation (Aviation) Committee: 2018-2023 Six-Year Transportation Improvement Program; NE 31st St. Bridge Replacement Project - Agreement with BergerABAM; Renton Ave. S Resurfacing Project - Agreement with Gray & Osborne; I-405/SR-167 Interchange Direct Connector Project - WSDOT Agreement; Water Main Relocations at SR-167 for the Interchange Direct connector; Water Main Relocations at S 14th St. for the Interchange Direct Connector.
b) Finance Committee: Court Security Officer Position; Community Marketing Campaign Contract with Atlas Advertising
9. LEGISLATION
Resolution: a) Resolution No. 4313: Old Highlands Library Surplus Property Designation (See item 3.a.)
Ordinance for first reading: b) Ordinance No. 5847: Elimination of Sunset Date of Income Source Discrimination law (See item 7.e.)
Ordinance for second and final reading: c) Ordinance No. 5846: Bond Refinancing (First Reading 6/12/2017)
10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting)
5:30 p.m. - 7th Floor - Conferencing Center
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 To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Surplus Property
Former Highlands Library 2902 NE 12th Street Public Hearing
Monday, June 19, 2017 AGENDA ITEM#4.a) BACKGROUND • The former Highlands Library property has been identified during project scoping to be a surplus property as a new library is now opened in the same area. AGENDA ITEM#4.a) BACKGROUND • Per City Policy, Surplus Property definition: “property acquired by a division which is no longer needed to fulfill the original or an alternative need.” • Determination: Former Highlands Library is identified as meeting the
requirements of a surplus property as AGENDA ITEM#4.a) the new library is complete and operational. BACKGROUND •Although this property is no longer identified as needed for the library, it cannot be disposed of unless the Council declares this property surplus. •City Policy and Procedure 100‐12 sets forth the process for determining
whether a City‐owned property should AGENDA ITEM#4.a) be declared surplus. LOCATION AGENDA ITEM#4.a) LOCATION AGENDA ITEM#4.a) PROPERTY HISTORY
• Property was platted August 8, 1956 • Building built in 1973 (King County records) • Property short platted in 2017 to be able to define the surplus portion. • City has utilities servicing the property located within the street Right‐of‐Way. AGENDA ITEM#4.a) RESEARCH/SURVEY Internal Review Comments • Responses from internal survey indicated no interest in property from other City departments AGENDA ITEM#4.a) RESEARCH/SURVEY Outside Agency Review Comments • Review was sent to:
– WSDOT (No response as of 6/13/17)
– King County Real Estate (No response as of 6/13/17)
– Renton Historical Society (No interest response)
– Renton Housing Authority (Interested response) AGENDA ITEM#4.a) VALUATION
• Appraisal was completed on the property June 10, 2016. • The property to be sold as surplus has been appraised for $885,000 and is assumed to be fair market value. AGENDA ITEM#4.a) STAFF RECOMENDATION The Community and Economic Development Department recommends that Council approve to surplus the Former Highlands Library property located at 2902 NE 12th Street subject to the following conditions: None at this time. AGENDA ITEM#4.a) NEXT STEPS If Council approves this property as surplus to be disposed of: • Call for reading of the Resolution (via Committee Report) AGENDA ITEM#4.a) AGENDA ITEM #7. a)
MINUTES City Council Regular Meeting 7:00 PM ‐ Monday, June 5, 2017 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent: Armondo Pavone, Council President Don Persson Randy Corman Ryan McIrvin Ruth Pérez Ed Prince Carol Ann Witschi
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT COUNCILMEMBER DON PERSSON. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor Jay Covington, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Maryjane Van Cleave, Recreation Director Angie Mathias, Long‐Range Planning Manager Commander Dave Leibman, Police Department
PROCLAMATION
a) Gary F. Kohlwes Day ‐ June 5, 2017: A proclamation by Mayor Law was read declaring June 5, 2017 to be Gary F. Kohlwes Day in the City of Renton. Gary Kohlwes accepted the proclamation with appreciation.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO ADOPT THE PROCLAMATION AS READ. CARRIED.
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
PUBLIC MEETING
a) Eric Ressler II Annexation (A‐17‐001): This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public meeting to consider the 10% Notice of Intent to Commence Annexation Proceedings petition for the proposed Eric Ressler II Annexation; approximately 4.4 acres, located in the East Plateau Community Planning Area, bordered by parcel lines on all sides; to the south is SE 134th St (if extended), to the east is 164th Av SE (if extended), to the north by City limits which runs along a parcel line at NE 1st Pl, and by City limits at 160th Av SE (if extended).
After reviewing the Annexation process, Long Range Planning Manager Angie Mathias reported that the proposed Eric Ressler II Annexation site is in the East Plateau Community Planning Area Potential Annexation Area (PAA), is approximately 4.3 acres, and contains single‐family homes. She noted that the topography of the area has some slopes, but nothing that would constitute as critical. There are no streams in the vicinity, however there are wetlands about 800 feet to the north, 500 feet to the south, and 1,100 feet to the south east. Additionally, she noted that all the public services provided to the area would stay the same.
Reviewing the site's zoning, Ms. Mathias stated that the area is designated in King County's Comprehensive Plan as Urban Residential Medium (four dwelling units per acre). She reported that the City's Comprehensive Plan pre‐zoned the site as R‐4 zoning (four dwelling units per net acre) that would become effective at the time of annexation.
Ms. Mathias reported that there are 2 dwellings within the area with an estimated 6 residents. It is estimated there could be 10 additional dwelling units with an estimated 528 additional residents, based on the zoning standards over the next 10 years. If annexed, a conservative estimate of the fiscal impacts are that there would be a 3.3% annual cost increase and a 2.5% annual revenue increase.
Additionally, Ms. Mathias disclosed that the proponent has requested that the $5,000 annexation fee be waived, and that staff supports the request to waive the fee.
Concluding, Ms. Mathias stated that the proposed annexation represents a logical extension of City services, is generally consistent with City annexation policies and Boundary Review board objectives, and the City's best interests and general welfare would be served by this annexation.
She further outlined that the Administration recommends that Council waive the annexation fee, authorize circulation of a 60% Direct Petition to Annex specifying that property owners accept the City's zoning and assume their proportional share of the City's existing bonded indebtedness.
There being no public comment it was,
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR TO CLOSE THE PUBLIC MEETING. CARRIED.
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
Following discussion, it was
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL WAIVE THE ANNEXATION FEE; AUTHORIZE CIRCULATION OF A 60% DIRECT PETITION TO ANNEX SPECIFYING THAT PROPERTY OWNERS ACCEPT THE CITY'S ZONING AND ASSUME THEIR PROPORTIONAL SHARE OF THE CITY'S EXISTING BONDED INDEBTEDNESS. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2017 and beyond. Items noted were: Renton Farmers Market will take place Tuesday, June 13th, from 3:00 p.m. until 7:00 p.m. at the Piazza Park in downtown Renton. The market will be filled with fresh flowers and farm fresh produce every Tuesday from 3:00 p.m. until 7:00 p.m. through September 26th. In addition to market fare, shoppers can enjoy live music, tips from Master Gardeners, cooking demonstrations, and children’s activities. New this season, the market will have food trucks and live music from buskers each week at Market West. The City is in the process of updating its Bicycle and Trails Master Plan and is interested in public input. Please consider attending an open house on Tuesday, June 27th from 6:00 to 8:00 p.m. at the Renton Senior Activity Center, 211 Burnett Avenue North, Renton, WA 98057. In partnership with the Renton School District, the Renton Police Department is donating one piece of athletic equipment to each Renton 2nd grader between now and the end of the school year. Each child has a choice of a basketball, wall ball, football, Frisbee, or jump‐rope. The goal of the giveaway is to encourage physical fitness and social interaction, as well as provide time for the officers to visit with the children. The equipment is paid for with privately donated proceeds from the Return to Renton Car show. Join Renton Police Officers at one of the Coffee with a Cop events. The mission of Coffee with a Cop is to break down the barriers between police officers and the citizens they serve by removing agendas and allowing opportunities to ask questions, voice concerns, and get to know the officers in your neighborhood. The next Coffee with a Cop will take place on Wednesday, June 7th from 5:00 p.m. to 7:00 p.m. at Everest Tea & Coffee House, located at 200 SW 43rd Street in Renton. Preventative street maintenance will continue to impact traffic and result in occasional street closures.
AUDIENCE COMMENTS
Bill Hinkle, Seattle, representing the Rental Housing Association of Washington, thanked Council and City staff for their responses in discussing how the City of Renton can effectively address substandard rental housing units in the City in an efficient, targeted manner.
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of May 22, 2017. Council Concur.
b) AB ‐ 1901 Mayor Law appointed Laura Bloch to the City Center Community Plan Advisory Board to fill a term expiring on 4/30/2018. Refer to Planning & Development Committee.
c) AB ‐ 1915 City Clerk requested approval to initiate surplus property procedures for the Former Highlands Library site, located at 2902 NE 12th St., and set a public hearing on 6/19/2017. Refer to Committee of the Whole; Set Public Hearing on 6/19/2017.
d) AB ‐ 1921 City Clerk reported the results from the May 10, 2017 bid opening for CAG‐17‐088 ‐ Sunset Neighborhood Park, Phase 1 project; and submitted the staff recommendation to accept the lowest responsive bid from Road Construction Northwest, Inc. in the amount of $2,351,010.48. Refer to Finance Committee.
e) AB ‐ 1922 Administrative Services Department recommended approving an ordinance allowing for a refinancing plan that will issue approximately $6.12 million of new bonds together with $280,000 in issue premium to replace the existing $6.19 million of water and sewer revenue bonds. Refer to Finance Committee.
f) AB ‐ 1920 Community & Economic Development Department recommended approval of the land use applications (Master Site Plan, Binding Site Plan, and Shoreline Permit), subject to the condition in the Hearing Examiner's decision and approve a resolution authorizing the Mayor and City Clerk to execute a development agreement between the City of Renton and Quendall Terminals. Refer to Committee of the Whole.
g) AB ‐ 1905 Community Services Department requested approval of a contract with PND Engineers in the amount of $204,000 to repair structurally deficient park facilities at Gene Coulon Park. Refer to Finance Committee.
h) AB ‐ 1919 Transportation Systems Division recommends approval of a resolution to adopt the annual updates to the 2018‐2023 Six‐Year Transportation Improvement Program. Refer to Transportation (Aviation) Committee; Set Public Hearing on 6/26/2017.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Utilities Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to grant preliminary approval of the application for a Latecomer’s Agreement request from Kushal S. Varma & Kajal A. Ram, petitioners, for a period of two years. The application for a latecomer’s agreement was submitted to recover the $188,408.00 estimated cost of sewer extension along SE 132nd Street (west of 156th Ave SE), so that adjacent properties will be required to share in the cost at such time that they benefit from the sewer main. The Committee further recommends that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the Council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
b) Utilities Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to adopt an ordinance granting a 10‐year franchise agreement with MCIMETRO as a purveyor of broadband telecommunication services within the City of Renton. The Committee further recommended the ordinance be presented for first reading.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See below for ordinance)
c) Utilities Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to accept the appraisal and set compensation for Street Vacation Petition VAC‐ 16‐002 at $0 for an approximately 9,543 square foot portion of SW Langston Rd. Additionally, the Utilities Committee recommended the ordinance regarding this matter be prepared and presented for first reading when completed, and compensation including all applicable filing and processing fees are received by the City.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See below for ordinance)
d) Community Services Committee: Chair Witschi presented a report recommending concurrence in the staff recommendation to confirm Mayor Law’s appointment of Jaime Greene to the Library Advisory Board for a term expiring 9/1/2021.
MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
e) Community Services Committee: Chair Witschi presented a report recommending concurrence in the staff recommendation to confirm Mayor Law’s appointments to the Renton Municipal Arts Commission of David Samek for a term expiring 12/31/2019 and Su Gow for a term expiring 12/31/2017.
MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
f) Planning & Development Committee Chair Prince presented a report recommending concurrence in the staff recommendation to adopt the 2016 Title IV Docket Group 12B. The Planning and Development Committee further recommended that ordinances for the items listed below be prepared and presented for first reading when they are complete. Items #D‐135: Undergrounding and #D‐140: Small Cell and Distributed Antenna Systems have been held for further review and study. (#D‐134: Clustering Provisions, #D‐137: Downtown Streetscape, #D‐ 138: Refuse and Recycling, #D‐139: Hearing Examiner)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
g) Planning & Development Committee Chair Prince presented a report recommending concurrence in the staff recommendation, superseding the committee report dated April 24, 2017, to approve the following code amendments: Fine Waivers: The Administrator may defer up to three fines within a month; however, should a store be cited for a fourth occurrence within a month then the three initially deferred fines will be issued in addition to subsequent infractions within the month. Fine deferrals will occur if both of the following conditions are true: 1. The required identification sign if affixed to the cart; 2. The business identified by the identification sign has implemented security measures, as defined, to prevent removal of shopping carts from the business’ property;
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
Define “Security Measures” as including, but not limited to: 1. Utilization of a cart patrol and retrieval company; 2. Electronically‐activated self‐braking wheels; 3. Poles mounted to shopping carts, which prevent their removal from the interior of the retail establishment; 4. Dedicated security personnel; and 5. Other measures deemed appropriate and effective by the Administrator Eliminate the “retrieval fee” ($25), which is different than the impoundment fine ($100), because the purpose of the regulations is to reduce the presence of abandoned carts, and not to create obstacles for these business owners to retrieve and utilize their carts. The Planning and Development Committee further recommended that the ordinance regarding this matter be prepared and presented for first reading when it is complete.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See below for ordinance)
h) Planning & Development Committee Chair Prince presented a report recommending concurrence in the staff recommendation to amend implementation strategy 8.3.3 of the City Center Community Plan to add the sentence: “The City shall not utilize Eminent Domain in furtherance of this strategy." The Planning and Development Committee further recommended that a resolution adopting the amendment be prepared and presented for first reading when it is complete.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5837: An ordinance was read amending Sections 4‐2‐060 and 4‐2‐080 of Chapter 2, Zzoning Districts – Uses and Standards, 4‐4‐010 of Chapter 4, City‐Wide Property Development Standards, 4‐9‐030 of Chapter 9, Permits – Specific, 4‐11‐110, 4‐11‐160 and 4‐ 11‐220 of Chapter 11, definitions, of Title IV (Development Regulations) and Section 8‐7‐3 of Chapter 7, Noise Level Regulations, of Title VIII (Health and Sanitation) of the Renton Municipal Code, regarding Pet Daycares. (D‐128) (Approved via Committee Report on 2/27/2017)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
b) Ordinance No. 5838: An ordinance was read amending Chapter 8, Municipal Arts Commission, of Title II (Commissions and Boards) of the Renton Municipal Code, updating and clarifying code language related to the Renton Municipal Arts Commission. (D‐129) (Approved via Committee Report on 2/27/2017)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
c) Ordinance No. 5839: An ordinance was read amending Sections 4‐2‐060 and 4‐2‐080 of Chapter 2, Zoning Districts – Uses and Standards, 4‐3‐100 of Chapter 3, Environmental Regulations and Overlay Districts, and 4‐11‐050 and 4‐11‐190 of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, amending the regulations related to low intensity commercial uses in the R‐14 and RMF zones. (D‐130) (Approved via Committee Report on 2/27/2017)
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
d) Ordinance No. 5840: An ordinance was read amending Sections 4‐4‐130 of Chapter 4, City‐ Wide Property Development Standards, and 4‐9‐195 of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, clarifying review criteria of Routine Vegetation Management Permits. (D‐131) (Approved via Committee Report on 2/27/2017)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
e) Ordinance No. 5841:An ordinance was read amending Sections 4‐1‐190 of Chapter 1, Administration and Enforcement, 4‐2‐080, 4‐2‐100, 4‐2‐110, 4‐2‐115, 4‐2‐120, and 4‐2‐130 of Chapter 2, Zoning Districts – Uses and Standards, 4‐4‐040, 4‐4‐070, 4‐4‐080, 4‐4‐100, and 4‐4‐ 130 of Chapter 4, City‐Wide Property Development Standards, 4‐6‐060 of Chapter 6, Street and Utility Standards, 4‐7‐150 of Chapter 7, Subdivision Regulations, 4‐8‐080, and 4‐8‐120 of Chapter 8, Permits – General, 4‐9‐030, 4‐9‐070, 4‐9‐150, 4‐9‐200, and 4‐9‐240 of Chapter 9, Permits ‐ Specific, 4‐11‐010, 4‐11‐020, 4‐11‐180, 4‐11‐190, 4‐11‐200, and 4‐11‐250 of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, codifying administrative code interpretations from December 8, 2015 to December 6, 2016, including adding a definition of “Attic,” and amending the definitions of “Building Height,” “Retail Sales, Outdoor,” “Tract,” and “Yard Requirement.” (D‐133) (Approved via Committee Report on 2/27/2017)
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
f) Ordinance No. 5842: An ordinance was read amending Sections 4‐2‐020 and 4‐2‐110 of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, amending the Cluster Development Regulations. (D‐134)
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
g) Ordinance No. 5843:An ordinance was read amending Sections 6‐27‐3 and 6‐27‐5 of the Renton Municipal Code, by adding definitions of “Cart Patrol and Retrieval Company” and “Security Measures,” clarifying Shopping Cart Regulations, allowing the administrator to waive fines under certain conditions, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a)
h) Ordinance No. 5844: An ordinance was read vacating a portion of right‐of‐way on SW Langston Road, located near the intersection of SW Langston Road and Stevens Avenue SW. (Langston 14, LLC; VAC‐16‐002.)
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
i) Ordinance No. 5845:An ordinance was read granting unto MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services, a Delaware Corporation, authorized to do business within the State of Washington, its affiliates, successors and assigns, the right, privilege, and authority to install communications facilities, specifically fiber optic cable and related appurtenances, under, along, over, below, through and across the Streets, Avenues and Alleys of the City of Renton within the public right‐of‐way of Renton.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached committee meeting calendar.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER DOCKET #118 ‐ SAFE & HEALTHY HOUSING, TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME: 7:46 P.M.
Jason A. Seth, CMC, City Clerk Megan Gregor, CMC, Recorder Monday, June 5, 2017
June 5, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. a) Cou ncil Committee Meeting Calendar June 5, 2017
June 8 , 2017 Thursday
CANCELLED Utilities Committee, Chair McIrvin
4:00 PM Planning & Development Committee, Chair Prince – Council Conf. Room 1. City Center community Plan Advisory Board Appointment - Bloch 2. 2017 comprehensive Plan Amendments 3. Landmark Preservation 4. Quendall Terminals Development Agreement - Briefing 5. Emerging Issues in CED
June 12 , 2017 Monday
4:00 PM Finance Committee, Vice Chair Prince – Council Conference Room 1. Fleet Purchase Requests Requiring Budget Adjustments 2. Coulon Park Facility Repairs – Consultant Contract 3. Sunset Neighborhood Park, Phase I – Consultant Contract 4. Bond Refinancing 5. Vouchers 6. Emerging Issues in Revenue Streams
CANCELLED Public Safety Committee, Chair Corman
5:30 PM Committee of the Whole, Chair Pavone – Conferencing Center/Chambers 1. Parks/Trails/Community Facilities Initiative (Conferencing Center) 2. Quendall Terminals Development Agreement (Chambers at approx. 6:00 pm)
AGENDA ITEM #7. b)
MINUTES City Council Regular Meeting 7:00 PM ‐ Monday, June 12, 2017 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Armondo Pavone, Council President Randy Corman Ryan McIrvin Ruth Pérez Don Persson Ed Prince Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor Jay Covington, Chief Administrative Officer Leslie Clark, Senior Assistant City Attorney Megan Gregor, Deputy City Clerk Gregg Zimmerman, Public Works Administrator Jan Hawn, Administrative Services Administrator Jennifer Henning, Planning Director Amanda Askren, Property and Technical Services Manager Chief Kevin Milosivech, Police Department Administrator Commander Chad Karlewicz, Police Department
SPECIAL PRESENTATION
Renton Police Chief Kevin Milosevich reported that two promotions have occurred in the department. He recognized the following individuals: Jennifer Hermann was promoted from Staff Services Records Specialist to Staff Services Supervisor. Ryan Rutledge was promoted from Police Officer to Sergeant.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
PUBLIC HEARING
SW Langston Rd Street Vacation II (VAC‐17‐001): This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Law opened the public hearing to consider the street vacation request of an unopened alley, south of SW Langston Rd. and Stevens Ave. SW intersection (Petitioner Langston 14, LLC.; VAC‐17‐ 001).
Property & Technical Services Manager Amanda Askren reported that the petition was received on April 21, 2017 and that 100% of the abutting property owners signed the petition. She stated that the purpose of vacating the right‐of‐way is to vacate a portion of an unopened alleyway that was dedicated in the original plat from 1910. Additionally, Ms. Askren mentioned that this request has been provided in conjunction with a proposed land development project, and the City has collaborated with the Petitioner on the project. She added that the petition was circulated to various City departments and outside agencies and reported that at this time no objections to the petition were received. However, Puget Sound Energy (PSE) is requesting a utility easement over a portion of the unopened alley. Ms. Askren concluded by stating that the administration recommends Council approve the request to vacate under the condition that a utility easement is secured for PSE in the requested area.
Public comment was invited: Rick Ravsten, Renton, addressed concerns related to keeping the current property line on his abutting property as‐is. Ms. Askren provided clarification that because his property was not part of the original plat, he would not be able to acquire the land through the vacation process. However, she did note that there are other available avenues he can take to achieve his desired outcome. Katherine Bellows, Renton, thought her property abutted the proposed vacation, however after discussion it was concluded that her property would not be affected. Mark Shark, Petitioner, assured Council that he will work with Mr. Ravsten to ensure all needs are met and thanked Council for their support.
Following discussion, it was
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED.
There being no further questions or comments, it was
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL APPROVE THE REQUEST TO VACATE UNDER THE CONDITION THAT THE UTILITY EASEMENT FOR PSE IS SECURED IN THE REQUESTED AREA. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2017 and beyond. Items noted were: Preventative street maintenance will continue to impact traffic and result in occasional street closures.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
Renton Farmers Market will take place Tuesday, June 13th, from 3:00 p.m. until 7:00 p.m. at the Piazza Park in downtown Renton. The market will be filled with fresh flowers and farm fresh produce every Tuesday from 3:00 p.m. until 7:00 p.m. through September 26th. In addition to market fare, shoppers can enjoy live music, tips from Master Gardeners, cooking demonstrations, and children’s activities. New this season, the market will have food trucks and live music from buskers each week at Market West. The City is in the process of updating its Bicycle and Trails Master Plan and is interested in public input. There will be an open house on Tuesday, June 27th from 6:00 to 8:00 p.m. at the Renton Senior Activity Center, 211 Burnett Avenue North, Renton, WA 98057. Join Renton Police Officers at one of the Coffee with a Cop events. The mission of Coffee with a Cop is to break down the barriers between police officers and the citizens they serve by removing agendas and allowing opportunities to ask questions, voice concerns, and get to know the officers in your neighborhood. The next Coffee with a Cop will take place on Wednesday, June 14th from 9:00 a.m. to 11:00 a.m. at Top Pot Doughnuts at The Landing, located at 815 North 10th Street, Suite F in Renton.
AUDIENCE COMMENTS
Jeanne DeMund, Renton, shared her concerns related to Puget Sound Energy's Energize Eastside project and presented evidence from a similar project proposed by the Bonneville Power Administration (BPA) in Oregon, which was eventually cancelled due to inefficiencies of implementation. She believes that Energize Eastside is not a necessary project for energy reliability and encouraged Council to consider supporting other options.
Rob Bartlett, Renton, requested that the City consider creating a different plan for addressing cleanliness of downtown Renton and alternative solutions for garbage disposal. Mayor Law assured Mr. Bartlett that administration is looking into ways to address these concerns, which Mr. Bartlett had expressed to him earlier via email.
CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) AB ‐ 1929 Community & Economic Development Department recommended approval of the Renton Community Marketing Campaign contract with Atlas Advertising in the amount of $90,000. Refer to Finance Committee.
b) AB ‐ 1906 Municipal Court requested authorization to transfer the Court Security Officer from a contracted position to a City employee by establishing a new Court Security Officer position at salary grade a04, and approving the associated budget adjustment. Refer to Finance Committee.
c) AB ‐ 1923 Transportation Systems Division recommended entering into a five‐year contract with BergerABAM, Inc. in the amount of $322,364, for the purpose of construction management and inspection services for the NE 31st Street Bridge Replacement Project (TIP #36). Refer to Transportation (Aviation) Committee.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
d) AB ‐ 1924 Transportation Systems Division recommended entering into a professional services agreement with Gray & Osborne, Inc. in the amount of $125,283.03 for the purpose of designing the Renton Ave. S Resurfacing Project. Refer to Transportation (Aviation) Committee.
e) AB ‐ 1925 Transportation Systems Division recommended entering into a Cooperative Agreement with the Washington State Department of Transportation for design and construction of the I‐405/SR 167 Interchange Direct Connector Project. Refer to Transportation (Aviation) Committee.
f) AB ‐ 1926 Transportation Systems Division recommended entering into a Utility Agreement with the Washington State Department of Transportation in the amount of $136,630, for the purpose of coordinating and participating in the design process of the water main relocation along the SR 167 corridor. Refer to Transportation (Aviation) Committee.
g) AB ‐ 1927 Transportation Systems Division recommended entering into a Utility Agreement, with the Washington State Department of Transportation, for the purpose of coordinating and participating in the design process of the water main relocation at S. 14th St., along the I‐ 405 corridor. Refer to Transportation (Aviation) Committee.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Council President Pavone presented a report recommending concurrence with the Hearing Examiner’s recommendation to approve a master site plan, binding site plan, and shoreline substantial development permit subject to the conditions identified in the recommendation. The Committee of the Whole also recommended concurrence with the Hearing Examiner’s recommendation to approve the development agreement subject to the modifications recommended in Conclusion of Law No. 2(B), for the construction of the Quendall Terminals mixed use development (LUA09‐151). The City Council has final reviewing authority over Development Agreements and associated land use permits when merged (RMC 4‐8‐080G). The proposed master site plan, binding site plan and shoreline substantial development permit are all consistent with applicable code criteria subject to 46 conditions of approval. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See resolution below.)
b) Finance Committee Chair Persson presented a report approving for payment on June 12, 2017 claims vouchers 5416‐5417, 5427‐5436, 10017‐10018, 356794‐356800, 356808‐356826, 356843‐ 357109 and four wire transfers and one payroll run with benefit withholding payments totaling $5,345,081.08 and payroll vouchers including 629 direct deposits and 28 payroll vouchers totaling $1,278,797.72.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
c) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the allocation of funds to purchase a John Deere Z970R Commercial ZTrak mower. The total estimated cost of the mower is $13,309. The adjustment for this purchase will be included in the upcoming 2nd quarter budget adjustment ordinance.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
d) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to award the professional engineering design contract for the Gene Coulon Memorial Beach Park Facility Structural Repairs project, to PND Engineers, Inc. in the amount of $204,000.00. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contract.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
e) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to award the construction contract for the Sunset Neighborhood Park, Phase I project, to Road Construction Northwest, Inc.in the amount of $2,351,010.48. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contract.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
f) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the refinancing plan to issue around $6.12 million with approximately $280,000 in issuance premium to refinance $6.19 million of the outstanding 2007 Water Sewer Revenue Bonds. The Committee further recommended the corresponding ordinance with all the associated documents be presented for first reading.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See ordinance below.)
g) Planning & Development Committee Chair Prince presented a report recommending concurrence in the staff recommendation to concur with Mayor Law’s appointment of Ms. Laura Bloch to the Community Plan Advisory Board‐City Center for a term expiring April 30, 2018.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
h) Planning & Development Committee Chair Prince recommended concurrence in the staff recommendation to adopt a Citywide ordinance and enter into an interlocal agreement with King County for preservation services to establish the necessary framework to preserve, protect, enhance and perpetuate Renton properties which reflect significant elements of the City’s, County’s, State’s and Nation’s cultural, social, economic, architectural, historic, ethnic, and other heritage. The Planning and Development Committee further recommended that an ordinance be prepared and presented for first reading when it is complete.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
LEGISLATION
Resolutions:
a) Resolution No. 4311: A resolution was read amending the City Center Community Plan. (Approved via Committee Report on 6/5/2017)
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED.
b) Resolution No. 4312: A resolution was read authorizing the Mayor and City Clerk to execute a Development Agreement between the City of Renton and Quendall Terminals, a Washington joint venture.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED.
Ordinance for first reading:
c) Ordinance No. 5846: An ordinance was read authorizing the issuance of a Water And Sewer Revenue Refunding Bond in the aggregate principal amount of not to exceed $6,500,000 for the purpose of refunding a portion of the City’s Water And Sewer Revenue and Refunding Bonds, 2007; providing the form, terms and covenants of the bond; delegating certain authority to approve the final terms of the bond; and authorizing other matters related thereto.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinances for second and final reading:
d) Ordinance No. 5837: An ordinance was read amending Sections 4‐2‐060 and 4‐2‐080 of Chapter 2, Zoning Districts – Uses and Standards, 4‐4‐010 of Chapter 4, City‐Wide Property Development Standards, 4‐9‐030 of Chapter 9, Permits – Specific, 4‐11‐110, 4‐11‐160 and 4‐ 11‐220 of Chapter 11, definitions, of Title IV (Development Regulations) and Section 8‐7‐3 of Chapter 7, Noise Level Regulations, of Title VIII (Health and Sanitation) of the Renton Municipal Code, regarding Pet Daycares. (D‐128)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
e) Ordinance No. 5838: An ordinance was read amending Chapter 8, Municipal Arts Commission, of Title II (Commissions and Boards) of the Renton Municipal Code, updating and clarifying code language related to the Renton Municipal Arts Commission. (D‐129)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
f) Ordinance No. 5839: An ordinance was read amending Sections 4‐2‐060 and 4‐2‐080 of Chapter 2, Zoning Districts – Uses and Standards, 4‐3‐100 of Chapter 3, Environmental Regulations and Overlay Districts, and 4‐11‐050 and 4‐11‐190 of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, amending the regulations related to low intensity commercial uses in the R‐14 and RMF zones. (D‐130)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
g) Ordinance No. 5840: An ordinance was read amending Sections 4‐4‐130 of Chapter 4, City‐ Wide Property Development Standards, and 4‐9‐195 of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, clarifying review criteria of Routine Vegetation Management Permits. (D‐131)
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
h) Ordinance No. 5841:An ordinance was read amending Sections 4‐1‐190 of Chapter 1, Administration and Enforcement, 4‐2‐080, 4‐2‐100, 4‐2‐110, 4‐2‐115, 4‐2‐120, and 4‐2‐130 of Chapter 2, Zoning Districts – Uses and Standards, 4‐4‐040, 4‐4‐070, 4‐4‐080, 4‐4‐100, and 4‐4‐ 130 of Chapter 4, City‐Wide Property Development Standards, 4‐6‐060 of Chapter 6, Street and Utility Standards, 4‐7‐150 of Chapter 7, Subdivision Regulations, 4‐8‐080, and 4‐8‐120 of Chapter 8, Permits – General, 4‐9‐030, 4‐9‐070, 4‐9‐150, 4‐9‐200, and 4‐9‐240 of Chapter 9, Permits ‐ Specific, 4‐11‐010, 4‐11‐020, 4‐11‐180, 4‐11‐190, 4‐11‐200, and 4‐11‐250 of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, codifying administrative code interpretations from December 8, 2015 to December 6, 2016, including adding a definition of “Attic,” and amending the definitions of “Building Height,” “Retail Sales, Outdoor,” “Tract,” and “Yard Requirement.” (D‐133)
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
i) Ordinance No. 5842: An ordinance was read amending Sections 4‐2‐020 and 4‐2‐110 of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, amending the Cluster Development Regulations. (D‐134)
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
j) Ordinance No. 5843:An ordinance was read amending Sections 6‐27‐3 and 6‐27‐5 of the Renton Municipal Code, by adding definitions of “Cart Patrol and Retrieval Company” and “Security Measures,” clarifying Shopping Cart Regulations, allowing the administrator to waive fines under certain conditions, providing for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
k) Ordinance No. 5844: An ordinance was read vacating a portion of right‐of‐way on SW Langston Road, located near the intersection of SW Langston Road and Stevens Avenue SW. (Langston 14, LLC; VAC‐16‐002.)
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
l) Ordinance No. 5845: An Ordinance was read Granting unto MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services, a Delaware Corporation, authorized to do business within the State of Washington, its affiliates, successors and assigns, the right, privilege, and authority to install communications facilities, specifically fiber optic cable and related appurtenances, under, along, over, below, through and across the Streets, Avenues and Alleys of the City of Renton within the public right‐of‐way of Renton.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b)
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER TRAFFIC SAFETY ON MAPLE VALLEY HIGHWAY AND TRAFFIC CONGESTION AROUND NEW LIFE CHURCH ON MAPLE VALLEY HIGHWAY TO THE ADMINISTRATION. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME: 7:51 P.M.
Jason A. Seth, CMC, City Clerk Megan Gregor, CMC, Recorder Monday, June 12, 2017
June 12, 2017 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #7. b) Council Committee Meeting Calendar June 12, 2017
June 19, 2017 Monday
3:30 PM Transportation Committee, Chair Pérez – Council Conference Room 1. 2018-2023 Six-Year Transportation Improvement Program 2. NE 31st St. Bridge Replacement Project – Agreement with BergerABAM 3. Renton Ave. S Resurfacing Project – Agreement with Gray & Osborne 4. I-405/SR-167 Interchange Direct Connector Project – WSDOT Agreement 5. Water Main Relocations at SR-167 for the Interchange Direct Connector 6. Water Main Relocations at S 14th St. for the Interchange Direct Connector 7. Emerging Issues in Transportation
CANCELLED Community Services Committee, Chair Witschi
5:00 PM Finance Committee, Chair Persson – Council Conference Room 1. Court Security Officer Position 2. Community Marketing Campaign Contract with Atlas Advertising
5:30 PM Committee of the Whole, Chair Pavone – Conferencing Center 1. Old Highlands Library Property Surplus 2. Source of Income Discrimination Ordinance 3. Regional Issues (Update on METRO/Sound Transit efforts in Renton)
AGENDA ITEM #7. c) AB - 1928
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Reappointments of Airport Advisory Committee members RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520
FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Law reappoints the following to the Airport Advisory Committee for terms expiring 5/7/20:
• Jeffrey Thomson, Highlands Neighborhood, Alternate position • Matthew Devine, Talbot Hill Neighborhood, Primary position • Robert Moran, South Renton Neighborhood, Primary position • Melody Kroeger, Renton Hill/Monterey Terrace Neighborhood, Alternate position EXHIBITS: A. Recommendation to Mayor Law for reappointments to Airport Advisory Committee STAFF RECOMMENDATION: Confirm Mayor Law's reappointments of Mr. Thomson, Mr. Devine, Mr. Moran and Ms. Kroeger to the Airport Advisory Committtee. AGENDA ITEM #7. c)
PUBLICWORKSDEPARTMENT MEMORANDUM RECE DATE: June 6, 2017 A tlY-’-° 7 7O’? TO: Denis Law, Mayor
FROM: Gregg ZimmermaPiic Works Administrator MAYOR’S OFFICE
STAFFCONTACT: Harry Barrett, Jr., Airport Manager, ext. 7477
SUBJECT: Renton Airport AdvisoryCommittee Membership Reappolntments
The Renton Airport Advisory Committee has several position terms that have expired. Those positions are as follows:
APPOINTMENT TERMEXPIRATION NAME POSITION DATE DATE Jeffrey Thomson Highlands Alternate April 21,2014 May 7, 2017 Matthew Devine Talbot HillPrimary September 17, 2007 May 7, 2017 South Renton Robert Moran Primary May 7, 2001 May 7, 2017 Renton Hill/Monterey Melody Kroeger Terrace Alternate April 21, 2014 May 7, 2017
The incumbents are considered to be members of good standing. Based on individual conversations with the incumbent members Airport management has determined each of them has a desire to continue to serve on the Committee. These members understand and are committed to the City’sAirport Master Plan, mission statement and Business Plant- In addition they have demonstrated the ability to analyze detailed information to balance competing objectives presented to the Committee. The Airport management team recommends the neighborhood representative members be reappointed to their respective positions on the Renton Airport Advisory Committee with terms set to expire May 7, 2020.
The Renton Airport Advisory Committee continues to accept applications for two primary and four alternate position vacancies. A press release with information about the positions and application process has been issued to the community. The Airport management team will be reviewing all applications and will submit recommendations to fillthese vacancies inthe near future. cc: Jay Covington, Chief Administrative Officer Jim Seitz, Transportation Systems Director AprilAlexander, Executive Assistant Susan Campbell-Hehr, Administrative Secretary
H:\FileSys\A1R- Airport, Transportation Services Division\O1Administration\02 Committees\Airport Advisory\RAAC- Membership\2 - Reappointments\2017 Reappointments\RAAC Reappointment memo - 2017-HB edits.docx AGENDA ITEM #7. d) AB - 1934
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Contract Award: 2017 Street Patch and Overlay Project CAG-17-094 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502
FISCAL IMPACT SUMMARY: The low bid came in at $1,669,122.62. The current project budget is $1,180,000. An additional $1,000,000 is being requested in the upcoming 2017 second quarter budget adjustment, creating a new total budget of $2,180,000. SUMMARY OF ACTION: Engineer's estimate: $1,730,681.01
In accordance with Council procedures, the lowest responsible and responsive bid met the following three criteria:
1. There was more than one bid; 2. The low bid was within budget; 3. There are no irregularities with the low bid.
Therefore, staff recommends awarding CAG-17-094 - 2017 Street Patch and Overlay Project to the low bidder, Icon Materials, in the amount of $1,669,122.62. EXHIBITS: A. Staff Recommendation B. Bid Tab STAFF RECOMMENDATION: Award the 2017 Street Patch and Overlay Project to the low bidder, Icon Materials, in the amount of $1,669,122.62. AGENDA ITEM #7. d)
PUBLICWORKS DEPARTMENT
M E M 0 RAN D U M
DATE: June 12, 2017 J1IA1 122017 TO: Jason Seth, City Clerk
FROM: Jayson Grant, Pavement Management Technician, ext. 7400 FICE SUBJECT: Bid Opening for 2017 Street Patch and Overlay,CAG 17-094
The bid opening was on Tuesday, June 6, 2017, and there were three bids received. There were three (3) irregularities in the apparent high bidder’s bid from Lakeside Industries. Their bid total for item # 33 was $1,111.00 and should be $5,385.00. Item # 34 was $13,500 and should be $1,494.00. Item # 35 was $11,670.00 and should be $3,425.00. Lakeside’s schedule total was correct at $2,552,759.36. Items # 33, 34, and 35 were written down wrong. They still remain as the high bidder.
The Transportation Systems Division recommends that the bid from Icon Materials be accepted and the contract for the 2017 Street Patch and Overlay with Curb Ramps Project be awarded in the amount of $1,669,122.62. The total budget for this project is $1,180,000.00, and it is funded by the Street Overlay Program. (An additional $1,000,000.00 is being requested in the upcoming 2017 second quarter budget adjustment). The total will be 2,180,000.00. The engineer’s estimate for the construction of the 2017 Street Patch and Overlay Project, under this contract, is $1,730,681.01. We are requesting that an agenda bill for “Council Concur” be prepared for the June 19, 2017 Council Meeting.
Ifyou have any additional questions or concerns please contact me at ext. 7400.
Attachment: Bid Tabulation cc: Bob Hanson, Transportation Design Manager James Wilhoit, Transportation Design Project Manager AGENDA ITEM #7. d)
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Project: 2017 Street Patch and Overlay CAG-17-094
Date: June 6, 2017
FORMS Bid Total from Bidder Bid Prop. Bid Non- Schedule of Prices Form & Sig Bond Collusion *lncludes Sales Tax
Icon Materials 1508 Valentine Av SE Pacific X X X $1,669,122.62 WA 98047 Scott Droppelman
Lakeridge Paving Co, LLC P.O. Box 8500 2 Covington X X X $1,981,600.55 WA 98042 Jon Cheet ham
Lakeside Indursties, Inc. 18808 SE 25 6th St 3 Covington X X X $2,552,759.36 WA 98042 Craig Nickel
Engineer’s Estimate $1.7 Million AGENDA ITEM #7. e) AB - 1935
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Ordinance Eliminating the Sunset Date in RMC 6-32-1 and Making the City’s Income Source Discrimination Law Permanent RECOMMENDED ACTION: Council Concur DEPARTMENT: City Attorney STAFF CONTACT: Shane Moloney, City Attorney EXT.: x6487
FISCAL IMPACT SUMMARY: There is no fiscal impact. SUMMARY OF ACTION: On November 7, 2016, the City Council passed an ordinance prohibiting property owners and managers from discriminating against tenants or potential tenants on the basis of participation in a Section 8 housing choice program. The ordinance established a sunset date of August 1, 2017, in anticipation of the state legislature introducing a bill in the 2017 session that would address income source discrimination at the state level. The legislature has not passed a state-wide income source discrimination law.
City staff recommends the Council adopt the proposed ordinance eliminating the sunset date and making the City’s income source discrimination law permanent.
The City’s income source discrimination law has been successful at preventing discrimination against those using Section 8 housing vouchers. Moreover, the law has not resulted in a significant workload increase for City staff.
Other cities in the region have recently passed permanent income source discrimination laws. Some cities have defined income source discrimination to cover additional types of income (e.g. social security, unemployment compensation, and other forms of government assistance). At the June 19 committee of the whole meeting, Council will have an opportunity advise staff as to whether it would like to expand upon the types of income covered by the City’s income source discrimination law. If it wishes to pursue such an expansion, City staff recommends engaging both landlords and low income tenant advocacy groups to determine the need and desire for such additional regulation. In the meantime, adopting the proposed ordinance to remove the sunset date will keep the City’s existing income source protections in place and avoid a lapse in protection for Section 8 voucher holders.
EXHIBITS: A. Draft Ordinance STAFF RECOMMENDATION: Adopt the ordiance eliminating the sunset date in RMC 6-32-1 and making the City’s income source discrimination law permanent. AGENDA ITEM #7. e)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 6‐32‐1 OF THE RENTON MUNICIPAL CODE, MAKING THE PROHIBITION AGAINST INCOME SOURCE DISCRIMINATION PERMANENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Section 6‐32‐1 of the Renton Municipal Code is amended as follows:
6‐32‐1 INCOME SOURCE DISCRIMINATION PROHIBITED:
Property owners, property managers, landlords, and their agents, who rent or
lease dwelling units shall not refuse to rent or lease a dwelling unit to any tenant
or potential tenant or otherwise discriminate or retaliate against such person
solely on the basis that the person proposes to pay a portion of the rent using a
Section 8 housing choice voucher or certificate issued under the Housing and
Community Development Act of 1974 (42 U.S.C. 1437f). “Dwelling unit” shall have
the meaning set forth in RMC 4‐11‐040.
This Section shall only be effective through August 1, 2017.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title.
1 AGENDA ITEM #7. e) ORDINANCE NO. ______
PASSED BY THE CITY COUNCIL this ______day of ______, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______day of ______, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1972:6/7/17:scr
2
AGENDA ITEM #7. f) AB - 1932
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Execution of a Promissory Note with SECO Development RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development STAFF CONTACT: C. E. "Chip" Vincent, CED Administrator EXT.: 6588
FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: To date, SECO Development has been advancing construction consistent with the land use approvals for the Southport site. The third and final phase of the project is the office towers. SECO Development has requested an extension of the payment for the building permit fees for two of the three office towers, specifically Office Towers 2 and 3. The requested extension is until August 1, 2017 for Tower 2 and September 1, 2017 for Tower 3, as per the attached draft promissory note. EXHIBITS: A. Draft Promissory Note STAFF RECOMMENDATION: Authorize the Mayor to accept the tender of a promissory note extending the payment for building permits for the Southport Office Towers 2 and 3. AGENDA ITEM #7. f)
PROMISSORY NOTE SECO Development, Inc.
Amount: $391,271.47, plus interest
June ______, 2017
THIS PROMISSORY NOTE (this “Note”), is made as of the date written above, by SECO Development Inc., a Washington corporation, of 1083 Lake Washington Blvd North, Suite 50, Renton, Washington 98056 (“SECO”), for the benefit of holder the City of Renton, a Washington municipal corporation.
RECITALS
WHEREAS, SECO has been redeveloping the 17-acre Southport site as a mixed-use development at the south end of Lake Washington, abutting Gene Coulon Memorial Park, in the City of Renton; and
WHEREAS, the Southport mixed-use development consists of three phases. A five-story mixed-use apartment development was completed in 2008 as the first phase, and a 12- story hotel is currently under construction. The final phase is intended to consist of three, nine-story office building towers, but construction has not yet commenced on the towers; and
WHEREAS, the siting of the Southport property on Lake Washington and the scale and mix of the uses within the project cause Southport to be a prominent development site within the City; and
WHEREAS, in June 2015, SECO submitted building permit applications to the City for the three office building towers comprising the final phase of the Southport development. The building permit applications have proceeded for review under City file numbers B15005269 (Office Tower 1); B15005270 (Office Tower 2); and B15005271 (Office Tower 3) (collectively, the “Permit Applications”); and
WHEREAS, City staff has completed its review of the Permit Applications, has determined that the Permit Applications are ready for permit issuance, and has determined that the amounts remaining payable in permit fees for the Permit Applications are $216,533.51 (Office Tower 1); $214,159.54 (Office Tower 2); and $177,111.93 (Office Tower 3); and
WHEREAS, if permits for Office Towers 1, 2, and 3 are not issued on or before June 23, 2017, the office building phase of the Southport development will lose its vested
Promissory Note SECO Development, Inc. Page 1 of 4 AGENDA ITEM #7. f)
application status, potentially causing an extended period in which the Southport development remains an unfinished construction site; and
WHEREAS, the City’s 2017-2018 Fee Schedule adopted by Resolution No. 4300 provides that “Building Permit Fees are payable prior to the issuance of a building permit;” and
WHEREAS, SECO requested that the City issue the permits for all three office building towers on or before the June 23, 2017 vesting deadline and allow SECO to pay the remaining permit fees on the following schedule: (1) fees for the permit on Office Tower 1 paid prior to the issuance of the permits; (2) fees for the permit on Office Tower 2 paid on August 1, 2017; and (3) fees for the permit on Office Tower 3 paid on September 1, 2017; and
WHEREAS, the City Council finds that SECO’s request that the City issue the permits for Office Towers 1, 2, and 3 on or before June 23, 2017, accompanied by a schedule for the payment of permit fees, to be a reasonable request in light of the scope of the project; and
WHEREAS, based on its finding of reasonableness, the City Council is willing to grant a one-time exception to the Fee Schedule’s policy that permit fees be paid prior to the issuance of a building permit; provided that:
(1) SECO pay the remaining permit fee amount of $216,533.51 for Office Tower 1 prior to or simultaneously with issuance of the permit for Office Tower 1; and (2) SECO pay interest at the rate of 12% (twelve percent) per annum on the permit fees for Office Towers 2 and 3 in consideration for the City’s forbearance in allowing those fees to be paid after permit issuance; and (3) SECO expressly agree that the permit for Office Tower 2 will automatically be deemed revoked and rendered null and void on August 2, 2017, if the permit fee for Office Tower 2 has not been fully paid by August 1, 2017; and (4) SECO expressly agree that the permit for Office Tower 3 will automatically be deemed revoked and rendered null and void on September 2, 2017 if the permit fee for Office Tower 3 has not been fully paid by September 1, 2017; and (5) SECO expressly agree and stipulate that any such revocation of the permits for Office Towers 2 and 3 will result in the loss of vesting for the subject revoked permit, including all related entitlements that would have divested had the permits not been issued by June 23, 2017.
TERMS
FOR VALUE RECEIVED, SECO promises to pay to the order of the City of Renton, at 1055 South Grady Way, Renton, WA 98057, or at such other place as the holder may
Promissory Note SECO Development, Inc. Page 2 of 4 AGENDA ITEM #7. f)
designate in writing to SECO, the principal sum of $391,271.47 (three hundred ninety- one thousand two hundred seventy-one dollars and forty-seven cents) (which represents the sum of the remaining permit fees for Office Towers 2 and 3), plus interest thereon from June 23, 2017 until paid at the rate of 12% per (twelve percent) annum, in two installments as follows: one (1) installment of principal and interest in the amount of $216,905.48 (two hundred sixteen thousand nine hundred five dollars and forty-eight cents) (which represents the sum of the remaining permit fee for Office Tower 2 and interest thereon) on August 1, 2017; and one (1) installment of principal and interest in the amount of $181,187.93 (one hundred eighty-one thousand one hundred eighty-seven dollars and ninety-three cents) (which represents the sum of the remaining permit fee for Office Tower 3 and interest thereon) on September 1, 2017.
All or any part of the aforesaid principal sum may be prepaid at any time and from time to time without penalty. Payments shall be applied first to accrued interest and the balance to principal.
In the event of any default by SECO in the payment of principal or interest when due or in the event of the suspension of actual business, insolvency, assignment for the benefit of creditors, adjudication of bankruptcy, or appointment of a receiver, of or against the undersigned, the unpaid balance of the principal sum of this Note shall at the option of the holder become immediately due and payable and the amount then due shall accrue interest until payment at the rate of eighteen percent (18%) per annum or the highest rate permitted by law, whichever is less.
In addition to any other remedy available at law, under this Note, or both, SECO expressly, unreservedly, and irrevocably agrees and stipulates that:
(1) If the permit fee for Office Tower 2, including principal and interest, is not paid in full on or before August 1, 2017, the permit for Office Tower 2 shall automatically be deemed revoked and rendered null and void on August 2, 2017, without any other or further action by the City, and any vested rights that were preserved by the permit shall automatically expire with such revocation. The loss of vesting includes all related entitlements that would have divested had the permits not been issued by June 23, 2017; and (2) If the permit fee for Office Tower 3, including principal and interest, is not paid in full on or before September 1, 2017, the permit for Office Tower 3 shall automatically be deemed revoked and rendered null and void on September 2, 2017, without any other or further action by the City, and any vested rights that were preserved by the permit shall automatically expire with such revocation. The loss of vesting includes all related entitlements that would have divested had the permits not been issued by June 23, 2017; and (3) To the extent that revocation of the permits for Office Towers 2 and 3 could be interpreted to be subject to the 21-day timing deadlines imposed by the State’s Land Use Petition Act, chapter 36.70C RCW, SECO forever waives
Promissory Note SECO Development, Inc. Page 3 of 4 AGENDA ITEM #7. f)
any and all rights it would otherwise have had to raise or support such an interpretation in a judicial action or otherwise.
SECO and all other persons who may become liable for the payment hereof severally waive demand, presentment, protest, notice of dishonor or nonpayment, notice of protest, and any and all lack of diligence or delays in collection which may occur, and expressly consent and agree to each and any extension or postponement of time of payment hereof from time to time at or after maturity or other indulgence, and waive all notice thereof.
In case suit or action is instituted to collect this Note, or any portion hereof, SECO promises to pay such additional sum, as the court may adjudge reasonable, for attorneys' fees and costs of litigation in said proceedings.
This Note is made and executed under, and is in all respects governed by, the laws of the State of Washington.
SECO Development, Inc.
By: ______Greg Krape President
Promissory Note SECO Development, Inc. Page 4 of 4
AGENDA ITEM #7. g) AB - 1933
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Amending Renton Municipal Codes related to animal license fees, updating animal license fee language, and impound language. RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police STAFF CONTACT: Chad Karlewicz, Commander EXT.: 7640
FISCAL IMPACT SUMMARY: Changes will provide for the recovery charges incurred when the City impounds animals. SUMMARY OF ACTION: The City uses a private veterinary clinic to hold and care for animals impounded by the City's Animal Control Officers. The existing code does not provide a mechanism for the City to recover its costs for such impounds. The proposed ordinance requires payment of the City's third party costs as a condition of an owner redeeming his/her animal. The proposed ordinance also: • Removes reference to licenses being issued annually and defers to the City's Fee Schedule Brochure with regard to the term of licenses so the City will have flexibility in changing the term of licenses in the future; • Updates outdated references to state law, including fee exemptions for dog guides (rather than seeing eye dogs); • Clarifies the qualifications for a low-income special lifetime license to align with the City's criteria for discounting utilities; • Clarifies the circumstances in which an animal may be impounded and procedures for such impounds; • Requires impounded animals to be licensed and microchipped as a condition of redemption; • Contemplates waivers, reductions, and/or payment plans for those who cannot afford to repay required costs when redeeming an animal; and • Clarifies procedures for the disposition of abandoned animals. Finance will include a revised Animal Licenses section in the next amendment to the City's Fee Schedule Brochure to simplify and align the terminology with that used in the code. EXHIBITS: A.Ordinance STAFF RECOMMENDATION: Approve the recommended amendment to Renton Municipal Codes 5-4-2, 6-6-2, 6-6-6, and 6-6-7 AGENDA ITEM #7. g)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 5‐4‐2, 6‐6‐2, 6‐6‐6, AND 6‐6‐7 OF THE RENTON MUNICIPAL CODE, REMOVING REFERENCES TO LICENSES BEING ISSUED ANNUALLY AND DEFERRING TO THE CITY’S FEE SCHEDULE BROCHURE WITH REGARD TO THE TERM OF LICENSES; UPDATING REFERENCES TO STATE LAW; CLARIFYING THE QUALIFICATIONS FOR A LOW‐INCOME SPECIAL LIFETIME LICENSE; CLARIFYING THE CIRCUMSTANCES IN WHICH AN ANIMAL MAY BE IMPOUNDED AND PROCEDURES FOR SUCH IMPOUNDS; REQUIRING IMPOUNDED ANIMALS TO BE LICENSED AND MICROCHIPPED AS A CONDITION OF REDEMPTION; CONTEMPLATING WAIVERS, REDUCTIONS, AND/OR PAYMENT PLANS FOR THOSE WHO CANNOT AFFORD TO REPAY REQUIRED COSTS WHEN REDEEMING AN ANIMAL; CLARIFYING PROCEDURES FOR THE DISPOSITION OF ABANDONED ANIMALS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Section 5‐4‐2, Annual Fees; Special Rates for Senior Citizens; Blind Persons with Seeing Eye Dogs, of Chapter 4, Animal Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows:
5‐4‐2 ANNUAL LICENSE FEES; SPECIAL RATES FOR ECONOMICALLY QUALIFIED
RESIDENTS SENIOR CITIZENS; BLIND PERSONS WITH AND EXEMPTION FOR
SEEING EYE DOGS GUIDES:
A. Every owner of a dog or cat shall apply and pay for a City animal license
within thirty (30) days of acquiring the animal and pay to renew such license on or
before the expiration date of the license. The City may issue licenses that are valid
for such duration set forth in this Chapter or in the All animal licenses issued after
January 1, 2010, shall be renewed annually upon the payment of applicable fees
as set forth in the City of Renton’s fFee sSchedule bBrochure.
1 AGENDA ITEM #7. g) ORDINANCE NO. ______
B. For licenses issued prior to January 1, 2010, the renewal date shall be prior to the expiration of current license; upon which time the new license will be converted to an annual license.
BC. Economically Qualified City Rresidents: sixty‐one (61) years of age or older, if income qualified as set forth in subsection 8‐4‐31.C of the City Code shall be eligible entitled to purchase a special lifetime permanent animal license. For the purpose of this subsection, Economically Qualified Residents are defined to include only: (1) low‐income senior or disabled residents who are receiving discounted water utility rates pursuant to RMC 8‐4‐31 and (2) low‐income senior or disabled residents who would be qualified for discounted water utility rates pursuant to RMC 8‐4‐31, but do not have a separate water utility account with the
City. Any Economically Qualified resident Such qualified persons shall not be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no person so qualified shall be granted limited to no more than three (3) permanent special lifetime animal licenses for any combination of three (3) cats and dogs for which they are the registered owners.
CD. Owners or custodians of dog guides may request and receive an exemption from payment of licenses fees for such dog guides to the extent such waiver is required by RCW 49.60.380 or other applicable state law. Residents of the City who are the owners or custodians of seeing eye dogs shall be exempt from the payment of the annual license fees for said dogs. For the purpose of this
Chapter the term “blind person” shall mean a person who has no vision or whose
2 AGENDA ITEM #7. g) ORDINANCE NO. ______vision, with correcting glasses, is so defective as to prevent the performance of ordinary activities for which eyesight is essential, and who is the owner or custodian of a seeing eye dog to assist such person. Such qualified person shall be eligible to receive from the Administrative Services Administrator a license for such dog without any charge therefor. The Administrative Services Administrator shall require proper evidence of such eligibility as further set forth in RCW
74.16.030, et seq. Such license shall not be transferable and shall be specifically marked for such seeing eye dog.
DE. All applications for such licenses shall be made to the Administrative
Services Administrator and the annual license fees shall be paid upon receipt of a renewal notice. In the event the owner or custodian of any such a dog or cat fails to timely apply and pay for procure and fails to pay for such license fee at or before the renewal date, or within thirty (30) days of acquiring the ownership or custody of any such dog or cat a required license, a late charge shall be added to the regular license fee as set forth in the City of Renton Fee Schedule Brochure. The
City may require reasonable evidence to determine the date of acquisition or custody of any such dog or cat to ascertain whether a late charge shall be imposed.
F.E. The Administrative Services Administrator is hereby authorized to permit the City’s animal control officer, or any other custodian of animals impounded pursuant to the provisions of the City Code, and any duly licensed veterinarian practicing his profession within the City to sell and issue licenses. The
Administrative Services Administrator may impose such additional regulations and
3 AGENDA ITEM #7. g) ORDINANCE NO. ______
procedures as may be reasonable to carry out the provisions of this Chapter. The
Administrative Services Administrator is hereby authorized to provide, by
appropriate designation, the special permanent licenses for qualified senior
citizens as hereinabove set forth.
SECTION II. Section 6‐6‐2, Taking Up of Animals; Fees, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as follows:
6‐6‐2 TAKING UP OF ANIMALS IMPOUND COSTS, AND REDEMPTION
REQUIREMENTS; FEE:
A. Right to Impound: An Animal Control Officer may seize and impound an
animal or take any other action authorized by law to restrain or protect any animal
or person where the (1) animal is at large, (2) the Animal Control Officer has
probable cause to believe that the owner is in violation of this Chapter or other
applicable law, (3) the animal is a threat to public safety, health or welfare, or (4)
as otherwise provided in this Chapter or applicable law. Impoundment shall not
be considered a condition precedent to the issuance of an infraction or citation.
Any duly authorized officer or employee of the City shall be empowered to take
up and impound all animals hereinabove specified, whether running at large or
otherwise violating the provisions of this Chapter.
A. Impound Fees: The owner or custodian of any animal impounded under
the provisions of this Chapter, unless otherwise provided for herein, shall pay to
the City’s Animal Control Officer the following, which shall then be promptly
remitted unto the Administrative Services Administrator by such Animal Control
4 AGENDA ITEM #7. g) ORDINANCE NO. ______
Officer, and which fees shall be in addition to all other charges payable under the provisions of this Chapter.
1. First offense $5.00
2. Second offense 10.00 3. Third offense 25.00 4. Fourth offense 50.00
B. Redemption Requirements: The following requirements apply as a condition to the redemption of an impounded animal:
1. License Required: Prior to redemption of an impounded unlicensed animal, the owner or custodian of the animal shall, in addition to payment of the impound fees and other costs, purchase a City Animal License, the fees for which are set forth in the City’s fee schedule brochure.
2. Microchipping Required: Prior to redemption of an impounded animal that was not microchipped at the time of impound, the City will cause the animal to have a microchip inserted and the owner or custodian of the animal shall, in addition to paying impound fees and other costs, reimburse the City for the actual microchipping cost.
C. Reimbursement for Additional Costs Incurred: In addition to fees specified in the City’s fee schedule brochure, and the other costs provided for herein, the owner or custodian shall reimburse the City for any out of pocket costs incurred as a result of the impound or condition of the animal, including, but not limited to:
5 AGENDA ITEM #7. g) ORDINANCE NO. ______
1. Boarding;
2. Food;
3. Necessary medical care;
4. Vaccinations;
5. Veterinary exams, treatment, and other services; and
6. Transportation.
D. Payment Condition of Redemption: Unless otherwise provided herein, all costs required to be paid by this Section shall be paid prior to or at the time of redemption. The Administrative Services Administrator and/or the City’s Fee
Schedule Brochure may establish a uniformly applied system to waive, reduce, or allow payment plans for the collection of the costs otherwise required to be paid by this Section. Payment plans may require payment of interest and/or administrative fees and shall require entry into a promissory note in a form approved by the City Attorney. The City may deny renewal of an animal license for an animal if its owner is in breach of a payment plan authorized by this Section.
Waivers and reductions shall be provided only to Economically Qualified
Residents, as defined in RMC 5‐4‐2. No waiver or reduction shall be allowed for an animal that has been impounded more than once in the most recent one (1) year period.
B. Large Lot Domestic Animal Redemption: Any horses, cattle, or similarly sized animals may be redeemed by the payment of the fee of twenty dollars
($20.00) plus any out of pocket expenses by the City for boarding and feeding such
6 AGENDA ITEM #7. g) ORDINANCE NO. ______
animal., which fee shall be not less than five dollars ($5.00) per day for the keeping
and boarding of said animal.
C. Small and Medium Lot Domestic Animal Redemption: All small and
medium lot domestic animals, not to include such animals as horses, cattle or
similarly sized animals may be redeemed upon payment of a redemption fee in
the sum of twenty dollars ($20.00) plus the additional sum of five dollars ($5.00)
per day for the keeping of such animal. In the event any such animal is suffering
from any serious injury or disease requiring treatment, then an any additional fees
for such treatment shall be imposed by the agency having the custody of such
animal to cover the actual expenses of such treatment, including transportation
and special services rendered to such animal.
SECTION III. Section 6‐6‐6, Impounding Procedure, of Chapter 6, Animals and Fowl at
Large, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as follows:
6‐6‐6 IMPOUNDING PROCEDURE:
A. Holding Facility: Whenever any animal is impounded, an Animal Control
Officer shall deliver the animal to a holding facility designated by the City. Unless
otherwise provided herein, animals shall be held for a minimum of seventy‐two
(72) hours from the time of impound prior to disposing of the animal.
B. Dangerous or Sick Animals: An Animal Control Officer, or agent thereof,
may dispatch any dangerous animal which is running at large and cannot in the
judgment of the Animal Control Officer be safely impounded. Injured or sick
animals may be euthanized when consistent with the professional judgment of a
7 AGENDA ITEM #7. g) ORDINANCE NO. ______license veterinarian or the Animal Control Authority. The City shall not be liable for damages arising from the destruction of such animals.
CA. Notice and Redeem: The City’s Animal Control Officer, as herein designated, is authorized to enforce the animal control laws provided by this
Chapter and may take possession of an animal at large for safekeeping of the animal or the public, or may impound any animals determined by such Animal
Control Officer to be doing or performing any of the acts prohibited by Section 6‐
6‐5 herein and thereby constituting a public nuisance as provided by Section 6‐6‐
5 of this Chapter. After such an animal is impounded, the Animal Control Officer shall attempt to ascertain whether such animal is licensed, and if so or if the lawful owner is otherwise known to the Animal Control Officer, shall within a reasonable time notify, by letter, or telephone or in‐person contact, the person to whom the license has been issued owner that such animal has been impounded and may be redeemed within seventy‐two (72) hours of impound or be disposed of as herein provided for. The notice should notify the owner of the location at which the animal can be redeemed. Any animal so impounded pursuant to this Chapter shall be held for the owner or lawful custodian up to a maximum period of seventy two
(72) hours by the impounding agency. The owner has the entire responsibility to ascertain whether the animal was impounded and to take appropriate measures to retrieve the animal. Neither the City, Animal Control Authority, nor its officers, employees, or agents shall be held responsible for failing to notify an owner of the impoundment under this Chapter.
8 AGENDA ITEM #7. g) ORDINANCE NO. ______
D. Disposition of Impounded Animals: In the event, however, any such
impounded animal is not timely redeemed within seventy‐two (72) hours of
impound, the animal may be considered abandoned and it shall be humanely
destroyed or otherwise disposed of by the impounding agency; provided, however, that none of said animal so impounded shall be used for any experimental purposes. Disposition of an impounded animal may include, but is
not limited to, the sale or transfer of all ownership rights to a new owner and/or
another agency that cares for and will attempt to find a new owner for the animal.
The Animal Control Authority holding the animal may, in its discretion, hold an
animal longer than the minimum seventy‐two (72) hour holding period for the
owner to redeem the animal, but shall not be held liable for destroying or
disposing of an animal that is not redeemed pursuant to the terms of this Chapter
within that minimum period. Dangerous Dogs may be held and redeemed as
provided as provided by RMC 6‐6‐9 and other applicable law.
EB. Notice and Right of Appeal: Prior to the destruction or disposition of any
licensed animal, or in those instances in which there is knowledge of the actual
owner or person in possession or control of any animal Any person who redeems
and pays all required costs for redemption of an animal may file a notice of appeal
within fifteen (15) calendar days of the impoundment. The notice of appeal shall
be on a fully completed form supplied by the City and filed with the City Clerk
within fifteen (15) days of the impound. If no form is provided, the notice of
appeal shall be in writing, signed by the owner, and describe in detail the basis for
9 AGENDA ITEM #7. g) ORDINANCE NO. ______
the appeal. The basis for appeal shall be, there shall be a notice sent to such
person that the animal has been impounded and may be destroyed or disposed of
if not claimed within seventy‐two (72) hours of the animal being impounded. The
notice will be given by actual notice, posting of notice at the location where the
animal was impounded or was kept or at the last known residence of the person
to whom notice was to be given, by surface mail, postage prepaid, or by any other
means which would increase the likelihood of the notice being received. The
notice shall also contain an appeal right to contest the justification for
impounding, or the mathematics used in calculating the impound fee and fee for
keeping the animal. The appeal shall be made, in writing, to the Police Chief or to
his designee, and shall be limited to the issues of the propriety of the impound
and whether or not the fees for redemption have been properly calculated.
Appeals shall be heard by the City’s Hearing Examiner with the owner having the
burden of proof to show by a preponderance of evidence that the animal was
improperly impounded or the fees and costs charged for redemption were not
properly calculated. If the owner prevails in such appeal, his/her remedy shall be
limited to refund of any fees or costs paid found by the Hearing Examiner to be
improperly calculated or charged as a result of an improper impoundment.
SECTION IV. Section 6‐6‐7, Responsibilities of Animal Control Officer, of Chapter 6,
Animals and Fowl at Large, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as follows:
6‐6‐7 RESPONSIBILITIES OF ANIMAL CONTROL OFFICER:
10 AGENDA ITEM #7. g) ORDINANCE NO. ______
A. The City’s Animal Control Officer shall keep an adequate records of all
animals impounded, together with a description of such animal, the date of
impounding and the name and address, if known, of the owner or custodian of
such animal, together with the date of redemption, if any. The City shall likewise
furnish unto the City’s Animal Control Officer proper receipt books, including
triplicate forms, for the collection of all fines and fees due and collected under this
Section and same shall be remitted, at least monthly, unto the Administrative
Services Administrator, together with a complete set of copies of all such receipts.
B. The City’s Animal Control Officer is hereby authorized and directed to
issue an appropriate citation for any violation of any terms and conditions in this
Chapter.
SECTION V. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this ______day of ______, 2017.
Jason A. Seth, City Clerk
11 AGENDA ITEM #7. g) ORDINANCE NO. ______
APPROVED BY THE MAYOR this ______day of ______, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1962:6/9/17:scr
12
AGENDA ITEM #7. h) AB - 1930
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Final Pay Estimate CAG 16-036, Talbot Hill Sewer Relocation – I- 405/SR 167 Interchange Direct Connector Project, Contractor: Scarsella Bros., Inc. RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Michael Benoit, Wastewater Project Manager EXT.: 7206
FISCAL IMPACT SUMMARY: The original contract amount was $3,183,440.94 and the final amount is $3,157,305.69, a decrease of $26,135.25. The decrease in cost was due to the reduction of quantities (i.e. use of appropriate native material instead of imported backfill). SUMMARY OF ACTION: The project was awarded on April 25, 2016. Construction began on May 31, 2016 and was completed on May 15, 2017.
The approved 2016 Capital Improvement Program for the Talbot Hill Sewer Relocation Project budget (426.466506) was $4,600,000. There was an approved 2017 carry forward of $1,700,000 from the original 2016 funds into 2017 to cover the remaining cost of the project. The amount budgeted for the project is enough to cover the construction, engineering and staff costs.
At the request of the Washington State Department of Transportation (WSDOT), this project was done in advance of WSDOT constructing the I-405/SR167 direct connector ramp. The construction costs are 100% reimbursable to the City via WSDOT Agreement UTB 1223. EXHIBITS: A. Final Pay Estimate #9 B. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $43,388.60 and release the retainage in the amount of $144,147.68 after 60 days, subject to the receipt of all required authorizations. TO: FINANCE DIRECTOR AGENDA ITEM #7. h)
FROM: PUBLIC WORKS ADMINISTRATOR
CONTRACTOR: Scarsella Bros. Inc. CONTRACT NO. CAG-1 6-036 PO# 18/0001991 ESTIMATE NO. 9 & Final
PROJECT: Talbot HillSewer Relocation - 1-405, SR 167 IC/DC Project
1. CONTRACTOR EARNINGS THIS ESTIMATE $39,444.18 2. SALES TAX @10.00% $3,944.42 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $43,388.60
4. EARNINGS PREVIOUSLY PAID CONTRACTOR $2,701,333.91 5 * EARNINGS DUE CONTRACTOR THIS ESTIMATE $37,471.97 6. SUBTOTAL - CONTRACTOR PAYMENTS $2,738,805.88
7. RETAINAGE ON PREVIOUS EARNINGS $142,175.47 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $1,972.21 9. SUBTOTAL - RETAINAGE $144,147.68
10. SALES TAX PREVIOUSLY PAID $270,407.71 11. SALES TAX DUE THIS ESTIMATE $3,944.42 12. SUBTOTAL - SALES TAX $274,352.13 (95%xLINEJ) ** (RETAINAGE:5%) GRAND TOTAL: $3,157,305.69
FINANCE DEPARTMENT ACTION:
PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 426.465506.01 8.594.35.63.000 $41,416.39 # 9 & Final
$41,416.39
RETAINED AMOUNT (Line 8): ACCOUNT # 426.465506.01 8.594.35.63.000 $1,972.21 # 9 & Final $1 ,972.21
TOTAL THIS ESTIMATE: $43,388.60 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION
I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTYOF PERJURY, THATTHE MATERIALSHAVEBEEN FURNISHED, THE SERVICES RENDERED OR THE LABORPERFORMED AS DESCRIBED HEREIN, ANDTHAT THE CLAIMIS A JUST, DUE AND UNPAID
OBLIGATIONAGAINSTTHE CITYOF RENTON, ANDTHAT I AM AUTHORIZEDTO AUTHENTICATEANDCERTIFY TO SAID Signed: ‘1d 1/;i’7
Printed On: 05/22/2017 Cityof Renton Public Works Department Page 1 AGENDA ITEM #7. h)
Printed On: 05/22/2017 City of Renton Public Works Department Page 1
Project Talbot HillSewer Relocation - -405, SR 167 Ic/Dc Project Contract Number, CAG-16-036 Contractor. Scarsella Bros. Inc. Pay Estimate 9 & Final Closing Date: 05/26/2017
Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount
001. Mobilization & Demobilization Lump Sum 1 $250,000.00 0.80 $200,000.00 0.20 $50,000.00 1.00 $250,000.00
002. Trench Excavation Safety Systems Lump Sum 1 $15,000.00 1.00 $15,000.00 0.00 $0.00 1.00 $15,000.00
003. Construction Surveying, Staking, and As-Builts Lump Sum 1 $25,000.00 1.00 $25,000.00 0.00 $0.00 1.00 $25,000.00
004. Traffic Control Lump Sum 1 $40,000.00 1.00 $40,000.00 0.00 $0.00 1.00 $40,000 00
005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $30,000 00 1.00 $30,000.00 0.00 $0.00 1.00 $30,000.00
006. Site Clearing and Grading Lump Sum 1 $23,500.00 1.00 $23,500.00 0.00 50.00 1.00 $23,500.00
007. Furnish and Install 8-inch PVC Sewer Pipe Linear Foot 630 $50.50 624.00 $31,512.00 0.00 $0.00 624.00 $31,512.00
008. Furnish and Install 12-inch PVC Sewer Pipe Linear Foot 690 $85.00 506.00 $43,010.00 0.00 $0.00 506.00 $43,010.00
009. Furnish and Install 15-inch PVC Sewer Pipe Linear Foot 100 $115.00 96.00 $11,040.00 0.00 $0.00 96.00 $1 1,040.00
Furnish and Install 18-inch Steel Casing Pipe with 12-inch 010. PVC Carrier Pipe Linear Foot 70 $215.00 70.00 $15,050.00 0.00 $0.00 70.00 $15,050.00
Furnish and Install 36-inch Steel Casing Pipe with 15-inch 011. PVC Carrier Pipe (Open Cut Installation) Linear Foot 300 $300.00 224.00 $67,200.00 0.00 $0.00 224.00 $67,200.00
012. HDD Trenchless Installation of 12-inch HOPE Sewer Pipe Lump Sum 1 $820,000.00 1.00 $820,000.00 0.00 $0.00 1.00 $820,000.00
013. Trenchless Installation of 36-inch Steel Casing Linear Foot 240 $800.00 307.00 $245,600.00 0.00 $0.00 307.00 $245,600.00
Furnish and Install 15 PVC Carrier Pipe within Steel Casing 014. (Trenchtess Installation) Linear Foot 240 $70.00 307.00 $21,490.00 0.00 $0.00 307.00 $21,490.00
015. Television Inspection of Sanitary Sewers Linear Foot 3240 $4.50 2160.00 $9,720.00 0.00 $0.00 2160.00 $9,720.00
016. Launch and Reception Shafts Lump Sum 1 $790,000.00 1.00 $790,000.00 0.00 $0.00 1.00 $790,000.00
Furnish and Install 48-inch Diam. Sanitary Sewer Manhole
017. with Flat Top Each 1 $4,500.00 1.00 $4,500.00 0.00 $0.00 1.00 $4,500.00
Furnish and Install 48-inch Diam,Saddle Manhole with Flat 018. Top Each 4 $4,625.00 4.00 $18,500.00 0.00 $0.00 4.00 $18,500.00
Furnish and Install 60-inch Diam. Sanitary Sewer Manhole 019. with Flat Top Each 3 $11,550.00 3.00 $34,650.00 0.00 $0.00 3.00 $34,650.00
Furnish and Install 60-inch Diam. Saddle Manhole with Flat
020. Top Each 1 $10,300.00 1.00 $10,300.00 0.00 $0.00 1.00 $10,300.00
Furnish and Install 60-inch Diam. Drop Manhole with Flat 021. Top Each 2 $10,600.00 2.00 $21,200.00 0.00 $0.00 2.00 $21,200.00
022. Extend Existing / Install New 12-Inch Culvert Linear Foot 180 $42.40 300.00 $12,720.00 0.00 $0.00 300.00 $12,720.00
023 Connect to Existing Sewer Each 8 $600.00 8.00 $4,800.00 0.00 $0.00 8.00 $4,800 00
024. Abandon Existing Sanitary Sewer Manhole Each 12 $800.00 12.00 $9,600.00 0.00 $0.00 12.00 $9,600.00
Adandon & Fill Existing Sanitary Sewer Main Over 10 025. Dims. Linear Foot 1530 $10.00 1530.00 $15,300.00 000 $0.00 1530.00 $15,300.00
Removal and Replacement of Unsuitable Foundation 026 Material Ton 50 $65.00 717.96 $46,667.40 0.00 S0.00 717.96 $46,687.40
027. Select Imported Trench Backfill Ton 7000 $16.00 59.50 $952.00 0.00 $0.00 59.50 $952.00
028. Imported Gravel Borrow For Fill Ton 7500 $19.25 5458.07 $105,067.85 0.00 $0.00 545807 $105,067.85
029. Crushed Surfacing Base Course for Gravel Road Ton 2500 $22.50 1857.57 $41,795.33 0.00 $0.00 1857.57 $41,795.33 — - ..
AGENDA ITEM #7. h) Printed On: 05/22/2017 City of Renton Public Works Department Page 2
Project Talbot HiltSewer Relocation - -405, SR 167 IC/DC Project Contract Number: CAG-16-036 Contractor, Scaraetla Bros. Inc. Pay Eatimate 9 & Finat Closing Date’ 05/26/2017
Item Description Unit Eat, Unit Previous Previoua This This Total Total No Quantity Price Quantity Amount Quantity Amount Quantity Amount
030. Controlted Density Fill(Backfill) (As Required) Cubic Yard 50 $130.00 0.00 $0.00 0.00 50.00 0.00 50 00
031. Aaphalt Patch Including CSTC Square Yard 650 $30.00 215.11 56.45330 0.00 5000 215.11 $6,453.30
032 Surface Restoration Lump Sum 1 $15000.00 1.00 515,000.00 0.00 $000 1.00 $15,000.00
033 CO#2; Credit for Change of Trenchtess Casing Material Linear Foot 240 ($12.00) 307.00 (53.684 00) 0.00 S0.00 307.00 ($3,684.00)
034 0082. Credit for Change of Open Cut Casing Material Linear Foot 300 ($12.00) 224.00 ($2,688.00) 0.00 50.00 224.00 )S2,688 00)
035. CO#2: Credit for Change of Imported Gravel Borrow for Fill Ton 7500 (50.50) 3471.80 (S1,735.90( 0.00 5000 3471.80 ($1,735.90)
036 CO#3. Removal of Rock for Auger Bore Lump Sum 1 $99861.92 1.00 599,861.92 000 $0.00 1 00 $99,861.92
037. CO#4: Trench Damn to Control Ground Water Lump Sum 1 $2025.95 1.00 $2,025.95 0.00 50 00 1 00 52,025.95
038 CO#4: Grout Upstream Side ot HDD Pipe Lump Sum I $4836 53 1.00 $4,836.53 0.00 $0.00 1.00 $4,836.53
039. CO#5’ Furnish and Install 10-inch PVC Sewer Pipe Linear Foot 109 $85.00 109.00 S9.265.00 0.00 50.00 10900 $9,265.00
040. CO#6 Credit for Elimination of Coating Some Manholes Lump Sum I ($17750.00) 000 50.00 1.00 (517.750.00) 1.00 ($17,750.00(
041. CO#7: Addilional Survey Lump Sum 1 $7194.18 0.00 $0.00 1.00 57,194.18 1.00 $7,194.18
Subtolal $2,843,509.38 539,444.18 $2,882,953.56
9.5% Sales Tax $264,921.37 $0.00 $264,921.37
10.0% Sales Tax (Begin 01/01/2017) $5,486.34 $3,944.42 $9,430.76
Total 53,113,917.09 $43,388.60 $3,157,305.69
‘rnô 9y4-/3O/i7 AGENDA ITEM #7. h) Original Revised #
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: Contractor's UBI Number: Name & Mailing Address of Public Agency Department Use Only Assigned to:
Date Assigned: UBI Number: Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number Job Order Contracting Yes No Description of Work Done/Include Jobsite Address(es)
Federally funded transportation project? Yes No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID*
Contractor Address Telephone #
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount $ Additions ( + ) $$Liquidated Damages Reductions ( - )$$ Amount Disbursed Sub-Total $$Amount Retained Amount of Sales Tax (If various rates apply, please send a breakdown) $ TOTAL $ TOTAL $ NOTE: These two totals must be equal Comments:
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Title: Email Address: Phone Number: Employment Security Department of Revenue Department Public Works Section Registration, Inquiry, (360) 704-5650 Contract Release Standards & Coordination [email protected] (855) 545-8163, option # 4 Unit [email protected] (360) 902-9450 [email protected] REV 31 0020e e(//) (4/28/14) F215-038-000 04-2014 Addendum A: Please List all Subcontractors and Sub-tiers Below AGENDA ITEM #7. h) This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavid ID*
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (04/28/14) F215-038-000 04-2014 AGENDA ITEM #7. i) AB - 1931
City Council Regular Meeting - 19 Jun 2017
SUBJECT/TITLE: Interagency Agreement for 2017-2018 Between King County and City of Renton (Waste Reduction and Recycling Grant) RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Linda Knight, Solid Waste Coordinator EXT.: 7397
FISCAL IMPACT SUMMARY: The projects supported by this grant have combined budgets of $235,320 for the 2017-2018 biennium. This grant fully reimburses the City for all expenditures related to the approved scope of work. SUMMARY OF ACTION: The City of Renton Solid Waste Utility is eligible to receive $235,320 in non-matching grant funding in 2017- 2018 through the King County Solid Waste Division’s Waste Reduction and Recycling Grant program. Projects funded through this grant include four Special Recycling Events, two Renton Reuse It! Stop and Swap events, and development of the Waste Prevention and Recycling Strategic Plan that lays a successful waste prevention and recycling roadmap for the City to implement for the next 10 years to achieve the City and County goal of Zero Waste of Resources – to eliminate the disposal of materials with economic value – by 2030, with an interim goal of 70% recycling by 2020. EXHIBITS: A. Interagency Agreement STAFF RECOMMENDATION: Approve the interagency agreement for 2017-2018 between King County and the City of Renton contract #5902868 (Waste Reduction and Recycling Grant) that provides $235,320 in non-matching grant funding in 2017-2018 to implement waste reduction and recycling programs. AGENDA ITEM #7. i)
CONTRACT # 5902868
INTERAGENCY AGREEMENT FOR 2017 and 2018
Between
KING COUNTY and the CITY OF RENTON
This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as “County” and “City” respectively. Collectively, the County and City will be referred to as “Party” or “Parties.”
PREAMBLE
King County and the City of Renton adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the budget approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Renton by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. AGENDA ITEM #7. i)
II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A. The City
1. funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2017 and 201$ shall not exceed $235,320.
2. This Agreement provides for distribution of 2017 and 201$ grant funds to the City. However, grant funds are not available until January 1, 2017.
3. During this two-year grant program, the City will submit a minimum of two, but no more than eight (8), progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include:
a. a description of each activity accomplished pertaining to the scope of work; and
b. reimbursement requests with both a Budget Summary Report form which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary form which is attached hereto as Exhibit E and incorporated herein by reference, unless the City has a spreadsheet similar to the Expense Summary form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. If backup documentation is submitted, SWD will not retain it. The city shall maintain this documentation in its records.
If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31, January 31 - except for the fmal progress report and request for reimbursement which shall be due by March 31, 2019.
If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by January 31, 2018 and March 31, 2019.
Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 201$ and January 2019, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six (6) months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2019.
2 AGENDA ITEM #7. i)
5. If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto.
6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City’s bid, award or contracting process.
7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16.
8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964.
9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical.
10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law.
11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2021.
3 AGENDA ITEM #7. i)
12. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County’s name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: “artwork provided courtesy of King County Solid Waste Division” and/or “text provided courtesy of King County Solid Waste Division.”
13. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials.
14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City’s event, the City is exempt from having to provide the brochure to King County.
15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the agreed upon areas listed in Attachment A. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source.
16. This project shall be administered by Linda Knight, Solid Waste Coordinator, City of Renton, or designee.
B. The County:
I. The County shall administer funding for the waste reduction and recycling grant program. funding is designated by city and is subject to the King County Council’s budget approval process. Provided that the funds are allocated through the King County Council’s budget approval process, grant funding to the City will include a base allocation of $10,000 per year with the balance of funds to be allocated according to the City’spercentage of King County’s residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year.
4 AGENDA ITEM #7. i)
2. The City of Renton’s budgeted grant funds for 2017-2018 are $235,320.
3. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), andlor are not consistent with the scope of work and budget attached as Exhibit A.
4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City’s name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: “artwork provided courtesy of the City of Renton” and/or “text provided courtesy of the City of Renton.”
5. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City.
6. The waste reduction and recycling grant program shall be administered by Lucy Auster, Project Manager, King County Solid Waste Division, or designee.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2017 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2017, and shall terminate on June 30, 2019. The City shall not incur any new charges after December 31, 2018. However, if execution by either Party does not occur until after January 1, 2017, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2017 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II.A of the Agreement.
S AGENDA ITEM #7. i)
IV. TERMINATION
A, This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party.
V. AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with andlor achieves the goals stated in the scope and falls within the activities described in the scope.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter claims’) brought against the County arising out of or incident to the City’s execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.
6 AGENDA ITEM #7. i)
VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C.
C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.
7 ______
AGENDA ITEM #7. i)
XI. NOTICE
Any notice required or permitted under this Agreement shall be d sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below:
Lucy Auster, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855
If to the City: Linda Knight, Solid Waste Coordinator, or a provided designee City of Renton Solid Waste Utility 1055 S. Grady Way Renton, WA 98057 iN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
King County BY______(Title) Pat D. McLaughlin, Director Solid Waste Division
for Dow Constantine,King County Executive
Date Date
$ AGENDA ITEM #7. i) Exhibit A King County Solid Waste WRR Grant
SCOPEOF WORK2017-2018
APPLICANT City of Renton Solid Waste Utility 1055 S. Grady Way Renton, WA 98057
PROGRAM Waste Reduction & Recycling Grant
PROJECTMANAGERS Linda Knight Julie Pursell Jina Kim 425.430.7397 425.430.7396 425.430.7391 [email protected] [email protected] [email protected] Fax 425.430.7241 Fax 425.430.7241 Fax 425.430.7241
FUNDING REQUESTED $ 155,678 (CityAllocation) $ 79,642 (RCEFunds)* $ 235,320 Total
PROJECTS& FUNDING SUMMARY • Recycling Collection Event $76,000 • Renton Reuse Event $72,000 • Waste Prevention & Recycling $87,320 Strategic Plan and Outreach Renton to Technical from most May recyclable Collect Description Goal
Renton Scope Task Schedule Budget Project the The cable supply traffic will Event in City Event p.m. Spring Spring2Ol7—Mayl3 Fall Event Fall Valley, the items charge 1 vendor. 2017 400 manage 2017 2018 public staff,
will Manager of Because channel, greater Promotion Staffing Dates through College 2018— lunch materials tons are 2018 implement
East Work — - of vendor will TED September Businesses free traffic the and of Renton Final Renton TED we and be and the recyclable event to not liquid staff notified require Scope.docx will control. site, City the 4 Julie January $76,000 Recycling collected Plateau, community Special and and be 9 are public newsletter. refreshments and Pursell, open all about material volunteers experienced not Staff distribute staff 2017 Recycling to Petrovitsky Collection at eligible to the recycle, working the including, Solid to the — not December remain events curbside. public will educational to Waste Events; collected volunteers mattresses Event the participate. and be through but on-site between utilized event Education Fairwood Events 2 2018 not in at materials. will 2017 for the will limited require direct in the are the greet the curbside be areas. Specialist and available hours scheduled mail, duration to operations a the 2 A fee unincorporated in All City of utility public, 2018. of events 9:00 to of of $15-20 between all bill the for Renton a.m. Each screen residential will inserts, each event, AGENDA ITEM #7. i) per and event be areas Police 7:30 materials, event. piece 3:00 held the the will a.m. households in Officer City recycled City’s at p.m. the Julie collect the and will direct Skyway, While website Pursell will Renton 5:00 Page paid be 2 AGENDA ITEM #7. i)
Materials Collected Scrap metal, appliances, concrete, bulky yard waste (greater than 4’ long and 3” in diameter), clean wood waste, used motor oil, used antifreeze, used oil filters, automotive batteries, alkaline and Ni- cad batteries, cell phones, reusable household items, unusable textiles, Styrofoam, plastic bags, bubble wrap, mattresses, and cardboard will be collected and reused or recycled. Other items may be added dependent upon viable recyclable markets.
Evaluation Each event will be evaluated based on the number of vehicles served and the weight of recyclable material collected.
Deliverables Number of Vehicles Served: 1,100
Budget Detail
Staff $36,000 Contract/Vendors $ 6,000 Supplies $ 2,000 Printing/Distribution $32,000
-----r-:.. &‘w* -‘-c:J- Renton 2017 2018 FinalScope.docx Page3
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Task 3 Waste Prevention & RecyclingStrategic Plan Project Manager Linda Knight,SolidWaste Coordinator Schedule January 2017 — December 2018 Budget $87,320
Goal To develop a Strategic Plan that lays a successful waste prevention and recycling program roadmap for the Cityto implement for the next 10 years.
Description For the past 26 years the Cityof Renton has implemented myriad programs that increased knowledge, skills, and motivation of its residential and business sectors to divert waste from landfill. These programs ranged from backyard compost workshops to business waste prevention technical outreach to our current EOWcurbside collection program. While the Citycurrently experiences 69% waste diversion from landfill for its curbside residential sector, there is still a great deal of work to accomplish to meet and exceed the region’s 70% diversion goal by 2020.
The Citywilldevelop a Waste Prevention & RecyclingStrategic Plan (Plan) to lay the groundwork for future residential and business projects. The Citywill identify current barriers to waste prevention and recycling by its residential and commercial sectors, research successful waste prevention programs in the nation that hold promise in the Pacific Northwest and develop a roadmap with options for program implementation to meet and exceed the goals of 70% diversion by 2020. Staff will work with City Administration and elected officials to achieve commitment to the Plan’s goals and programs as well as develop a funding model to sustain the work identified. Following adoption of the Waste Prevention & RecyclingStrategic Plan, the Citywill utilize any remaining funds to begin implementation of viable waste prevention projects identified within the Plan. Evaluation measures will be updated as they pertain to the specific waste prevention project.
Evaluation/Deliverables • Waste Prevention & RecyclingStrategic Plan • CityCouncil approval or adoption of the Strategic Plan
Budget Detail
Staff $ 9,000 Professional Services $78,320
Renton2017 2018 FinalScope.docx Page 5 AGENDA ITEM #7. i)
Exhibit B 2017-2018 Grant Guidelines
Program Eligibility:
Grant funds may be used for a variety of Waste Reduction & Recycling (WRJR)-relatedprograms, including residential and commercial waste reduction and recycling education programs, business assistance programs, and special recycling events. Cities may also use their funds on broader resource conservation programs, as long as they are part of an overall WRJR program. Cities may choose to use their funding on one program or a combination of programs. For WR/R program ideas, please refer to the lists below.
Please note these lists are not exhaustive, but merely intended to provide some guidance on what is/isn’t eligible. Cities may also refer to the currently adopted King County Comprehensive Solid Waste Management Plan for direction in program development. If you are unsure if your proposed program is eligible for funding, please contact Lucy Auster at 206-477-5268 or lucy.auster(iiildngcounty.gov.
Eligible for funding: • School WPJR education/implementation programs
• Kitchen food waste composting programs V • Reusable bag promotions • Yard waste subscription promotions • Outreach at community events • Promoting new and existing WR/R programs through media, mail, and social networking • Business recognition programs • Recycling Collection Events (RCEs), including collection of tires and mattresses • Household battery collection and recycling (no lead-acid batteries) • Business and residential WR/R education and communications • Product stewardship initiatives - could be education programs or working with other agencies/organizations/businesses to implement programs • City recycling programs and facilities • Videos promoting WR/R programs
The following are eligible for funding on a case-by-case basis, as long as part of an overall WR[R program. However, the County would not provide reimbursement if, for example, all of a city’s grant dollars were used to sell/give away rain barrels or distribute compact fluorescent light bulbs. • Water conservation - i.e. rain barrels • Energy conservation • Water quality: integrated pest management; catch basin filters • Demonstration gardens; interpretive signage; recycled-content park furnishings
2017-2018 WRIR Grant AGENDA ITEM #7. i)
The following are not eligible for funding: • Collection of garbage, except for residual garbage related to the collection of recyclables. • Collection of any household hazardous waste items including, but not limited to: > Treated wood > Paint > Lead acid batteries > Oil, gasoline, and antifreeze > fluorescent lights • Household Hazardous Waste (HHW) education programs
Cities should pursue funding for Ill-lW collection or education programs through the King County Local Hazardous Waste Management Program (LHWMP) or the Washington State Department of Ecology Coordinated Prevention Grant (CPG) Program.
Grant Administration: Requestsfor Reimbursement. Cities may choose to submit one request for reimbursement per year during the funding cycle, due no later than March 20, 2018 and March 19, 2019. However, cities may submit requests for reimbursement as frequently as quarterly. The Budget Summary Report form (Attachment A) must be used when submitting requests for reimbursement.
5th By the working day of January 2017 and January 2018, cities must notify the Solid Waste Division (SWD) of their total expenditures for work that has been completed to-date, but for which requests for reimbursement have not yet been submitted.
Progress and Final Reports.- Progress reports describing program activities, accomplishments, and evaluation results need to accompany each request for reimbursement. A final report describing the outcome of grant-funded activities is due with the fmal request for reimbursement. If, however, the city does not have the results of its program evaluation by the end of the grant cycle, the fmal narrative report may be submitted no later than six months after the end of the grant cycle (June 30, 2019). (Note: The final request for reimbursement would still need to be submitted by March 19, 2019.) All progress and final reports need to be signed by a city official. Signed reports may be scanned and emailed.
Amendments: Formal amendments to grant Interagency Agreements (IAAs) are not necessary unless the city wishes to make significant changes to its scope of work and/or budget. In general, a significant change would be one in which the city wishes to add or delete a task from their scope of work. A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e-mail. However, the city should contact $WD when considering changes to their scopes and budgets to determine if a formal amendment is needed.
2 AGENDA ITEM #7. i) Exhibit D BUDGET SUMMARY REPORT FORM 2017-2018 Waste Reduction & Recycling Grant Program
City: Date: Address: Phone: Invoice #: Report Period: Preparer’sName: Contract #:
Total amount requested this period:
Total amount previously invoiced:
Original interlocal amount:
Total amount charged to date: $ -
Amount remaining for completion of interlocal: $ - Scope of Work Current Amount Task Description Budget Quarter Previously Remaining # (Task/title) Costs Invoiced Balance L $ L_____ $ $
$ -- $ L_____ $ = TOTALS $ - $ - $ - $ For King County Use Contract # 0 Project 1126942 Org 720122 Exp.Account 54150 Task 22.000
Purchase Order # Requisition # Receipt
Supplier # Supplier Pay Site Invoice # Payment Type
Total charges this period are approved for payment: $
Project Manager: Date AGENDA ITEM #7. i) C
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a. a. AGENDA ITEM # 9. a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING THE FORMER RENTON HIGHLANDS LIBRARY PROPERTY, LOCATED AT 2902 NE 12TH STREET, SURPLUS AND AUTHORIZING THE MAYOR TO SIGN SUCH DOCUMENTS AS NECESSARY TO TRANSFER TITLE, ALL AS PART OF THE OVERALL SUNSET REDEVELOPMENT PROJECT.
WHEREAS, as a part of the overall Sunset Redevelopment Project, the City of Renton has anticipated that certain real property would become surplus to the City, such property being legally described in Exhibit A and depicted in Exhibit B attached hereto and incorporated by reference as if fully set forth, and commonly known as the former Renton Highlands Library property, located at 2902 NE 12th Street, King County Parcel No. 7227802040 (the “Property”); and
WHEREAS, no interest in the Property has been expressed by any City department; and
WHEREAS, RCW 39.33.010 authorizes the City to dispose of real property in an intergovernmental transfer; and
WHEREAS, the City ordered an appraisal of the Property; the Property was appraised in
June 2016; and in January 2017, the Renton Housing Authority and the City executed a letter of intent in which Renton Housing Authority intends to purchase the Property for the appraised fair market value upon specific terms to be negotiated in a purchase and sale agreement; and
WHEREAS, the City after a news release and publication of a public notice for public hearing, did hold on the 19th day of June, 2017, a public hearing to consider declaring the
Property surplus, and those members of the public who wished to testify were duly allowed to testify and the testimony was considered by the City Council; and
1 AGENDA ITEM # 9. a) RESOLUTION NO. ______
WHEREAS, the City Council has determined that the sale of the Property is in the public interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The former Renton Highlands Library property, located 2902 NE 12th
Street, King County Parcel No. 7227802040, is declared surplus.
SECTION II. The Mayor is hereby authorized to sign the necessary documents to consummate the conveyance of the real property that has been declared surplus, whether to the
Renton Housing Authority or another governmental agency as authorized under RCW 39.33.010, or otherwise on advantageous terms including a purchase price commensurate with fair market value.
PASSED BY THE CITY COUNCIL this ______day of ______, 2017.
______Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______day of ______, 2017.
______Denis Law, Mayor
2 AGENDA ITEM # 9. a) RESOLUTION NO. ______
Approved as to form:
______Shane Moloney, City Attorney
Date of Publication: ______
RES:1734:5/22/17:scr
3 AGENDA ITEM # 9. a) RESOLUTION NO. ______
EXHIBIT A
Lot 1 of City of Renton Short Plat No. LUA16-000960, recorded under King County Recording Number 20170519900004.
4 AGENDA ITEM # 9. a) RESOLUTION NO. ______
EXHIBIT B
5
AGENDA ITEM # 9. b)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 6-32-1 OF THE RENTON MUNICIPAL CODE, MAKING THE PROHIBITION AGAINST INCOME SOURCE DISCRIMINATION PERMANENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Section 6-32-1 of the Renton Municipal Code is amended as follows:
6-32-1 INCOME SOURCE DISCRIMINATION PROHIBITED:
Property owners, property managers, landlords, and their agents, who rent or
lease dwelling units shall not refuse to rent or lease a dwelling unit to any tenant
or potential tenant or otherwise discriminate or retaliate against such person
solely on the basis that the person proposes to pay a portion of the rent using a
Section 8 housing choice voucher or certificate issued under the Housing and
Community Development Act of 1974 (42 U.S.C. 1437f). “Dwelling unit” shall have
the meaning set forth in RMC 4-11-040.
This Section shall only be effective through August 1, 2017.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title.
1 AGENDA ITEM # 9. b) ORDINANCE NO. ______
PASSED BY THE CITY COUNCIL this ______day of ______, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______day of ______, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1972:6/7/17:scr
2 AGENDA ITEM # 9. c)
CITY OF RENTON, WASHINGTON
WATER AND SEWER REVENUE REFUNDING BOND, 2017
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND SEWER REVENUE AND REFUNDING BONDS, 2007; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY TO APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER MATTERS RELATED THERETO.
PASSED: June 19, 2017
PREPARED BY:
PACIFICA LAW GROUP LLP Seattle, Washington
10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
ORDINANCE NO. ______
TABLE OF CONTENTS
Section 1. Definitions ...... 3 Section 2. Findings Regarding Parity Provisions ...... 12 Section 3. Authorization and Description of Bond ...... 13 Section 4. Registration of Bond...... 14 Section 5. Priority and Payment from the Waterworks Utility Fund ...... 15 Section 6. Funds and Accounts ...... 17 Section 7. Covenants ...... 20 Section 8. Tax Covenants ...... 23 Section 9. Future Parity Bonds ...... 25 Section 10. Form of Bond ...... 28 Section 11. Execution of Bond ...... 28 Section 12. Right of Prepayment ...... 29 Section 13. Sale of Bond ...... 29 Section 14. Application of Bond Proceeds; Plan of Refunding ...... 31 Section 15. Ongoing Disclosure; Additional Covenants ...... 34 Section 16. Lost, Stolen or Destroyed Bond ...... 34 Section 17. Contract; Savings Clause ...... 34 Section 18. General Authorization, Ratification of Prior Acts ...... 35 Section 19. Effective Date of Ordinance ...... 35
Exhibit A Form of Bond
This Table of Contents is provided for convenience only and is not a part of this ordinance.
-i-
10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND SEWER REVENUE AND REFUNDING BONDS, 2007; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY TO APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER MATTERS RELATED THERETO.
WHEREAS, the City of Renton, Washington (the “City”) has created and operates a waterworks utility of the City, including the water, sewer, wastewater and storm drainage systems (together, the “Waterworks Utility”); and
WHEREAS, the City issued and now has outstanding the following water and sewer revenue bonds, each being payable on a parity of lien on the revenues of the Waterworks
Utility:
Authorizing Original Outstanding Series Ordinance Principal Amount Principal Amount 2007 5313 $ 9,750,000 $ 7,120,000 2008A 5313 9,975,000 695,000 2012 5672 9,190,000 9,045,000 2016 5812 9,385,000 9,230,000
(together, the “Outstanding Parity Bonds”); and
WHEREAS, the Water and Sewer Revenue and Refunding Bonds, 2007, issued on
November 6, 2007 (the “2007 Bonds”), maturing on or after December 1, 2018 (the “Refunding
Candidates”), are subject to optional redemption, in whole or in part, on any date on or after
December 1, 2017, at a price of par plus interest accrued to the date of redemption; and
10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
WHEREAS, after due consideration it appears to the City Council (the “Council”) that all or a portion of the Refunding Candidates (the “Refunded Bonds”) may be defeased and refunded by proceeds of the water and sewer revenue refunding bond authorized herein (the
“Bond”) at a savings to the City and its ratepayers; and
WHEREAS, the respective ordinances authorizing the issuance of the Outstanding Parity
Bonds permit the issuance of additional bonds on a parity with the Outstanding Parity Bonds for refunding purposes if certain conditions are met; and
WHEREAS, the Council wishes to delegate authority to the Mayor, the Chief
Administrative Officer and the Administrative Services Administrator of the City (as further described herein, each a “Designated Representative”) for a limited time, to approve the interest rates, maturity date, redemption terms, and other terms for the Bond within the parameters set by this ordinance; and
WHEREAS, the City intends to issue a request for proposals from various financial institutions to purchase the Bond; and
WHEREAS, the Council now wishes to authorize the issuance of the Bond, the acceptance of a commitment confirming such a proposal, and the sale of the Bond to the successful respondent subject to the terms and conditions set forth in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
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10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings:
Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of the Refunded Bonds, but only to the extent that the same are acquired at Fair Market Value.
Administrative Services Administrator means the City’s Administrative Services
Administrator or the successor to such officer.
Annual Debt Service for any year means all the interest on plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all mandatory redemption and sinking fund installments, less all bond interest payable from the proceeds of any such bonds, which will mature or come due in that year.
After all of the Outstanding Parity Bonds issued prior to 2016 are fully redeemed, refunded or defeased, for purposes of satisfying the Coverage Requirement or the Parity
Requirement, Annual Debt Service for any fiscal year or calendar year shall exclude any Debt
Service Offsets received or expected to be received in such fiscal year or calendar year.
Bank means the financial institution that is the successful respondent to a request for proposals to purchase the Bond, selected by a Designated Representative.
Base Period means any consecutive 12-month period selected by the City out of the
24-month period next preceding the date of issuance of an additional series of Future Parity
Bonds.
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10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
Bond means the City’s Water and Sewer Revenue Refunding Bond, 2017, or other such series designation as approved by a Designated Representative, authorized to be issued by this ordinance.
Bond Fund means that special fund of the City known as the Waterworks Revenue Bond
Fund, 2017 created by the City for the payment of the principal of and interest on the Bond.
Bond Register means the registration records for the Bond maintained by the Bond
Registrar.
Bond Registrar means the Administrative Services Administrator, whose duties include registering and authenticating the Bond, maintaining the Bond Register, transferring ownership of the Bond, and paying the principal of and interest on the Bond.
Call Date means December 1, 2017.
Chief Administrative Officer means the City’s Chief Administrative Officer or the successor to such officer.
City means the City of Renton, Washington, a municipal corporation duly organized and existing by virtue of the laws of the State.
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bond or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bond, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code.
Commission means the Securities and Exchange Commission.
Commitment means the commitment of the Bank to purchase the Bond.
-4-
10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
Council means the City Council as the general legislative authority of the City, as duly and regularly constituted from time to time.
Coverage Requirement means in any calendar year 1.25 times the Annual Debt Service for such year.
Credit Facility means a policy of municipal bond insurance, a letter of credit, surety bond, line of credit, guarantee or other financial instrument or any combination of the foregoing, which obligates a third party to make payment or provide funds for the payment of financial obligations of the City. There may be one or more Credit Facilities outstanding at any time.
Debt Service Offset means receipts of the City that are not included in Gross Revenue and that are legally available to pay debt service on Parity Bonds, including without limitation federal interest subsidy payments, designated as such by the City.
Designated City Representative means each the Mayor, the Chief Administrative Officer and the Administrative Services Administrator of the City, any successors to the functions of such offices, and their designees. The signature of one Designated City Representative shall be sufficient to bind the City.
Escrow Agent means U.S. Bank National Association, Seattle, Washington.
Escrow Agreement means the Escrow Deposit Agreement between the City and the
Escrow Agent to be dated as of the date of closing and delivery of the Bond.
Fair Market Value means the price at which a willing buyer would purchase an investment from a willing seller in a bona fide, arm's-length transaction, except for specified investments as described in Treasury Regulation §1.148-5(d)(6), including United States
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10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments for yield restricted defeasance escrows. Fair Market Value is generally determined on the date on which a contract to purchase or sell an investment becomes binding, and, to the extent required by the applicable regulations under the Code, the term “investment” will include a hedge.
Federal Tax Certificate means the Federal Tax Certificate signed by the Administrative
Services Administrator pertaining to the tax-exemption of interest on the Bond.
Fitch means Fitch, Inc., organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Fitch shall be deemed to refer to any other nationally recognized securities rating agency designated by the City.
Future Parity Bonds means all water and sewer revenue bonds of the City issued after the date of the issuance of the Bond and having a lien and charge on Net Revenue on a parity with the lien and charge on Net Revenue for the payment of the principal of and interest on the
Outstanding Parity Bonds and the Bond.
Government Obligations means direct or indirect obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of
America.
Gross Revenue means all of the earnings and revenues received by the City from the maintenance and operation of the Waterworks Utility and all earnings from the investment of money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Waterworks
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Utility, except government grants, proceeds from the sale of Waterworks Utility property (other than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Waterworks Utility obligations (until commingled with other earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate to the United States Government under the Code.
Maintenance and Operation Expense means all reasonable expenses incurred by the
City in causing the Waterworks Utility to be operated and maintained in good repair, working order and condition, including payments made to any other municipal corporation or private entity for water service and for sewage treatment and disposal service or other utility service in the event the City combines such service in the Waterworks Utility and enters into a contract for such service, and including pro-rata budget charges for the City’s administration expenses where those represent a reasonable distribution and share of actual costs, but not including any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the Waterworks Utility.
Maximum Annual Debt Service means, at the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future calendar year on the Parity Bonds.
Mayor means the duly elected Mayor of the City or the successor to such officer.
Moody’s means Moody’s Investors Service, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a
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securities rating agency, Moody’s shall be deemed to refer to any other nationally recognized securities rating agency designated by the City.
Net Revenue means Gross Revenue less Maintenance and Operation Expense.
Outstanding means, as of any particular time, all Parity Bonds issued theretofore except
(a) Parity Bonds theretofore canceled by the Bond Registrar after purchase by the City in the open market or because of payment at, or redemption prior to, maturity; (b) Parity Bonds for which funds have been deposited into a trust account pursuant to the ordinances authorizing the issuance of the Parity Bonds, but only to the extent that the principal of and interest on such Parity Bonds are payable from such trust account; (c) temporary, mutilated, lost, stolen or destroyed Parity Bonds for which new Parity Bonds have been issued pursuant to the ordinance authorizing their issuance; and (d) Parity Bonds exchanged for new Parity Bonds pursuant to the ordinances authorizing their issuance.
Outstanding Parity Bond Ordinances mean the ordinances authorizing the issuance of the Outstanding Parity Bonds identified in the recitals to this ordinance.
Outstanding Parity Bonds means the water and sewer revenue bonds of the City identified in the recitals to this ordinance.
Parity Bond Fund means any fund created for the payment and redemption of Parity
Bonds.
Parity Bonds means the Outstanding Parity Bonds, the Bond, and any Future Parity
Bonds.
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Parity Requirement means Net Revenue equal to or greater than:
(a) 1.25 times the Maximum Annual Debt Service for all Parity Bonds plus the Future
Parity Bonds proposed to be issued; and
(b) 100% of Maximum Annual Debt Service for all subordinate lien evidences of indebtedness secured by Gross Revenue.
Professional Utility Consultant means an independent licensed professional engineer, certified public accountant or other independent person or firm selected by the City having a favorable reputation for skill and experience with municipal utilities of comparable size and character to the Waterworks Utility in such areas as are relevant to the purposes for which such consultant is retained.
Qualified Insurance means any non-cancelable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies) which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
Qualified Letter of Credit means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of Registered Owner of the Bond, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit, is currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
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Rate Stabilization Fund means the Waterworks Rate Stabilization Fund created by the
City pursuant to Ordinance No. 4709.
Rating Agency means Moody’s, S&P or Fitch.
Refunded Bonds means the Refunding Candidates designated by the Designated City
Representative pursuant to Section 14.
Refunding Account means the account by that name established pursuant to Section 14.
Refunding Candidates mean the outstanding 2007 Bonds maturing on or after
December 1, 2018.
Registered Owner means the person in whose name the Bond is registered on the Bond
Register.
Reserve Fund means that special fund of the City known as the Waterworks Revenue
Bond Reserve Fund created by Ordinance No. 4709.
Reserve Requirement means with respect to any issue of Parity Bonds, the lesser of
(a) Maximum Annual Debt Service on all Outstanding Parity Bonds, and (b) 125% of average
Annual Debt Service on all Outstanding Parity Bonds; provided, that the amount required to be deposited hereunder with respect to any Future Parity Bonds in order to meet the Reserve
Requirement shall not exceed 10% of the net proceeds of such Future Parity Bonds under the
Code.
Rule means the SEC’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time.
S&P means S&P Global Ratings, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating
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agency, S&P shall be deemed to refer to any other nationally recognized securities rating agency designated by the City.
State means the State of Washington.
Term Bonds mean any Parity Bonds identified as such in the bond purchase contract or in the ordinance authorizing the issuance thereof, the payment of which is provided for by a requirement for mandatory deposits of money into the principal and interest account of the bond redemption fund created for the payment of such issue of Parity Bonds in accordance with a mandatory sinking fund requirement.
Term Bond Maturity Year means any calendar year in which Term Bonds are scheduled to mature.
2007 Bond Ordinance means Ordinance No. 5313 passed by the City Council on
October 22, 2007 and Resolution No. 3912 adopted by the Council on October 22, 2007 authorizing the issuance of the 2007 Bonds.
2007 Bonds means the Water and Sewer Revenue and Refunding Bonds, 2007, of the
City issued on November 6, 2007.
Waterworks Utility means the combined water, sewer, wastewater and storm drainage systems of the City as the same may be added to, improved and extended for as long as any of the Parity Bonds are outstanding.
Waterworks Utility Fund means that special fund of the City into which all Gross
Revenue (except for earnings in any special fund for the redemption of revenue obligations of the Waterworks Utility) shall be deposited.
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Rules of Interpretation. In this ordinance, unless the context otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein, “hereunder” and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term “hereafter” shall mean after, and the term “heretofore” shall mean before, the date of this ordinance;
(b) Words of the masculine or feminine gender shall mean and include correlative words of any gender and words importing the singular number shall mean and include the plural number and vice versa;
(c) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons;
(d) Any headings preceding the text of the several sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect;
(e) All references herein to “articles,” “sections” and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and
(f) Words importing the singular number include the plural number and vice versa.
Section 2. Findings Regarding Parity Provisions. The City Council hereby finds that there is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the issuance of Future Parity Bonds as set forth in the Outstanding Parity Bond Ordinances, and on or prior to the date of issuance of the Bond the City will have on file a certificate showing that
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the issuance of the Bond will result in a debt service savings for the Waterworks Utility and does not require an increase of more than $5,000 in any year for principal of and interest on the Bond over and above the payments that were required to be made for the Refunded Bonds.
The conditions contained in the Outstanding Parity Bond Ordinances having been complied with or assured, the payments required herein to be made out of the Waterworks
Utility Fund into the Bond Fund and the Reserve Fund to pay and secure the payment of the principal of and interest on the Bond shall constitute a lien and charge upon the money in the
Waterworks Utility Fund equal in rank with the lien and charge thereon for the payments required to be made for the Outstanding Parity Bonds.
Section 3. Authorization and Description of Bond. The City is hereby authorized to issue a water and sewer revenue refunding bond (the “Bond”) in a principal amount of not to exceed
$6,500,000 for the purpose of providing the funds necessary to refund the Refunded Bonds and pay all or a portion of the costs incidental to the foregoing and to the issuance of the Bond.
The Bond shall be designated the “City of Renton, Washington Water and Sewer
Revenue Refunding Bond, 2017” or other such designation as set forth in the Bond and approved by the Administrative Services Administrator. The Bond shall be dated as of its date of delivery to the Bank, shall be fully registered as to both principal and interest, shall be in the principal amount of not to exceed $6,500,000, and shall mature on the date(s) set forth in the
Commitment and approved by the Designated Representative pursuant to Section 13.
The Bond shall bear interest from its dated date or the most recent date to which interest has been paid at the interest rate(s) set forth in the Commitment. Interest on the principal amount of the Bond shall be calculated per annum on a 30/360 basis, or as otherwise
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provided in the Bond and in the Commitment. Principal of and interest on the Bond shall be payable at the times and in the amounts as set forth in the Commitment and in the payment schedule attached to the Bond.
The Bond shall be payable solely out of the Bond Fund and the Reserve Fund and shall not be a general obligation of the City.
Section 4. Registration of Bond.
(a) Registrar/Bond Registrar. The Administrative Services Administrator shall act as
Bond Registrar. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and this ordinance and to carry out all of the Bond Registrar’s powers and duties under this ordinance.
(b) Registered Ownership. The City and the Bond Registrar may deem and treat the
Registered Owner of the Bond as the absolute owner for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of the Bond shall be made only as described in subsection (d) below. All such payments made as described in subsection (d) below shall be valid and shall satisfy the liability of the City upon the Bond to the extent of the amount so paid.
(c) Transfer or Exchange of Registered Ownership. The Bond shall not be transferrable without the consent of the City unless (i) the Bank’s corporate name is changed and the transfer is necessary to reflect such change; or (ii) the transferee is a successor in interest of the Bank by means of a corporate merger, an exchange of stock, or a sale of assets.
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Notwithstanding the foregoing, the Bond may be transferred upon satisfaction of the requirements, if any, set forth in the Bond.
(d) Place and Medium of Payment. Both principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal and interest on the Bond shall be payable by check, warrant, ACH transfer or by other means mutually acceptable to the
Bank and the City. Upon final payment of principal and interest of the Bond, the Registered
Owner shall surrender the Bond for cancellation at the office of the Bond Registrar in accordance with this ordinance.
Section 5. Priority and Payment from the Waterworks Utility Fund.
(a) Waterworks Utility Fund. A special fund of the City known as the “Waterworks
Utility Fund” has been established by the City, into which shall be deposited all Gross Revenue as collected. Moneys in the Waterworks Utility Fund shall be trust funds and shall be held separate and apart from all other funds and accounts of the City.
(b) Priority of Payments from the Waterworks Utility Fund. Gross Revenue on deposit in the Waterworks Utility Fund (other than in any bond redemption or federal rebate account) shall be used in the following order of priority:
(i) To pay Maintenance and Operation Expense;
(ii) To pay the interest on the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of interest on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
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(iii) To pay the principal of the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of principal on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
(iv) To make all payments required to be made into any sinking fund or bond
redemption fund hereafter created for the payment of Future Parity Bonds which are
Term Bonds;
(v) To make all payments required to be made into the Reserve Fund,
including any reimbursements required for Qualified Insurance or Qualified Letter of
Credit;
(vi) To make all payments required to be made into any revenue bond
redemption fund or warrant redemption fund and debt service account or reserve
account created to pay and secure the payment of the principal of and interest on any
revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior
and inferior to the lien thereon for the payment of the principal of and interest on the
Parity Bonds; and
(vii) To retire by optional redemption or purchase any outstanding revenue
bonds or revenue warrants of the City, to make necessary additions, betterments,
improvements and repairs to or extensions and replacements of the Waterworks Utility,
to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose.
(c) Rate Stabilization Fund. The City has previously created a Waterworks Rate
Stabilization Fund (the “Rate Stabilization Fund”). The City may, at any time, as determined by
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the City and as consistent with subsection (b) of this section, deposit Gross Revenue into the
Rate Stabilization Fund, excluding principal proceeds of Parity Bonds or other borrowing. The
City may withdraw any or all of the money from the Rate Stabilization Fund for inclusion in
Gross Revenue for any fiscal year of the City. Such deposits or withdrawals may be made up to and including the date 90 days after the end of the fiscal year for which the deposit or withdrawal will be included in Gross Revenue. No deposit of Gross Revenue will be made into the Rate Stabilization Fund to the extent that such deposit would prevent the City from meeting the Coverage Requirement.
Section 6. Funds and Accounts.
(a) Bond Fund. There is hereby authorized to be created the Waterworks Revenue
Bond Fund, 2017 (the “Bond Fund”), which shall be a “Parity Bond Fund” and a subaccount of the Waterworks Utility Fund. The Bond Fund shall be maintained for the purpose of paying the principal of and interest on the Bond. As long as the Bond remains outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Waterworks Utility Fund into the Bond Fund those amounts necessary, together with such other funds as are on hand and available in the Bond Fund, to pay the interest or principal and interest next coming due on the
Bond. Such payments from the Waterworks Utility Fund to the Bond Fund shall be made in a fixed amount without regard to any fixed proportion following the closing and delivery of the
Bond on or before each date on which an installment of interest or principal and interest falls due on the Bond equal to the installment of interest or principal and interest. Money in the
Bond Fund not needed to pay the interest or principal next coming due may temporarily be
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deposited in legal investments for City funds, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value.
(b) Reserve Fund. There has been created by the City a special fund of the City known as the Waterworks Revenue Bond Reserve Fund (the “Reserve Fund”) for purpose of securing the payment of the principal of and interest on all Parity Bonds. The City hereby irrevocably covenants and agrees that on or prior to the date of issuance of the Bond, the amount on deposit in the Reserve Fund will be at least equal to the Reserve Requirement.
Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be maintained at the Reserve Requirement at all times so long as any Parity Bonds are
Outstanding. When the total amount in the Bond Fund shall equal the total amount of principal and interest for all outstanding Bonds, no further payment need be made into the Bond Fund.
Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be decreased for any issue of Parity Bonds when and to the extent the City has redeemed or otherwise defeased any Outstanding Parity Bonds.
If there shall be a deficiency in the Bond Fund to meet maturing installments of either principal or interest, as the case may be, on the Bond, that deficiency shall be made up from the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has been depleted, then by draws on the Qualified Insurance or Qualified Letter of Credit for that purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall then be made up from Net Revenue first available after making necessary provisions for the required payments into the Bond Fund. Any money in the Reserve Fund in excess of the
Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for
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the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for any other lawful Waterworks Utility purpose.
The City may provide for the purchase, redemption or defeasance of Parity Bonds by the use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining in those funds is sufficient to satisfy the required deposits in those funds for the remaining
Parity Bonds.
All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the official bank depository of the City or in any national bank or may be invested in any legal investment for City funds, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. Interest on any of those investments or on that bank account shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund.
Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond
Fund or the Reserve Fund, the City also may transfer out of the Bond Fund or Reserve Fund any money required in order to prevent any Parity Bonds from becoming “arbitrage bonds” under the Code.
If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts set forth above, the Registered Owner of any of the outstanding Bonds may bring an action against the City to compel that setting aside and payment.
(c) Pledge of Revenue and Lien Position. The Net Revenue is hereby pledged to the payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such
Net Revenue prior and superior to any other charge whatsoever.
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(d) Regarding Sufficiency of Revenues. The Council hereby finds that in fixing the amounts to be paid into the Bond Fund out of Gross Revenue, it has exercised due regard for the Maintenance and Operation Expense and has not obligated the City to set aside and pay into such Fund a greater amount of such Gross Revenue than in its judgment will be available over and above the Maintenance and Operation Expense.
Section 7. Covenants. The City covenants and agrees with the Registered Owner of the
Bond as follows:
(a) Rate Covenant. It will establish, maintain and collect rates and charges for all services and facilities provided by the Waterworks Utility which will be fair and nondiscriminatory, and will adjust those rates and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient to (A) pay all Maintenance and Operation Expense on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes, assessments or other governmental charges lawfully imposed upon the Waterworks Utility or other revenue therefrom or payments in lieu thereof and any and all other amounts which the
City may now or hereafter become obligated to pay from Gross Revenue by law or contract; and
(2) Net Revenue in each calendar year will be at least equal to the Coverage
Requirement.
(b) Maintenance and Repair. It will at all times maintain and keep the Waterworks
Utility in good repair, working order and condition and also will at all times operate such Utility and the business in connection therewith in an efficient manner and at a reasonable cost.
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(c) Disposal of Waterworks Utility. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of this ordinance.
It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the Waterworks Utility (other than timber), including all additions and improvements thereto and extensions thereof at any time made, that are used, useful or material in the operation of the Waterworks Utility, unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following:
(1) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period;
(2) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Net
Revenue for that period; or
(3) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks
Utility immediately prior to such sale or disposition.
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Notwithstanding any other provision of this subsection, (1) the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks
Utility or any real or personal property comprising a part of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks
Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility, without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks
Utility to another municipal corporation so long as Net Revenue of the portion of the
Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior to any other purpose. In no event shall such proceeds be treated as Gross Revenue for purposes of this ordinance.
(d) Books and Records. It will keep proper books, records and accounts with respect to the operations, income and expenditures of the Waterworks Utility in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State.
It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or accounts created pursuant to this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the Waterworks Utility.
(e) No Free Service. Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or
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supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Waterworks Utility free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual basis, it will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent.
(f) Insurance. It at all times will carry fire and extended coverage and such other forms of insurance, including public liability and property damage insurance, with responsible insurers and with policies payable to or on behalf of the City and any additional insureds on such of the buildings, equipment, works, plants, facilities and properties of the Waterworks
Utility, and against such claims for damages, as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or will implement and maintain a self-insurance or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the Waterworks Utility and the Registered Owners of the Parity
Bonds against loss.
(g) Maintenance and Operation Expense. It will pay all Maintenance and Operation
Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise meet the obligations of the City as herein set forth.
Section 8. Tax Covenants. The City shall take all actions necessary to assure the exclusion of interest on the Bond from the gross income of the owners of the Bond to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bond, including but not limited to the following:
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(a) Private Activity Bond Limitation. The City shall assure that the proceeds of the
Bond are not so used as to cause the Bond to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code.
(b) Limitations on Disposition of Improvements. The City shall not sell or otherwise transfer or dispose of (i) any personal property components of the projects refinanced with proceeds of the Bond (the “Projects”) other than in the ordinary course of an established government program under Treasury Regulation 1.141-2(d)(4) or (ii) any real property components of the Projects, unless it has received an opinion of nationally recognized bond counsel to the effect that such disposition shall not adversely affect the treatment of interest on the Bond as excludable from gross income for federal income tax purposes.
(c) Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of such action would be to cause the Bond to be
“federally guaranteed” within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City shall take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such Section is applicable to the
Bond.
(e) No Arbitrage. The City shall not take, or permit or suffer to be taken, any action with respect to the proceeds of the Bond which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bond would have caused the Bond to be an “arbitrage bond” within the meaning of Section
148 of the Code.
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(f) Registration Covenant. The City shall maintain a system for recording the ownership of the Bond that complies with the provisions of Section 149 of the Code until all
Bond have been surrendered and canceled.
(g) Record Retention. The City shall retain its records of all accounting and monitoring it carries out with respect to the Bond for at least three years after the Bond matures or is redeemed (whichever is earlier); however, if the Bond is redeemed and refunded, the City shall retain its records of accounting and monitoring at least three years after the earlier of the maturity or redemption of the obligations that refunded the Bond.
(h) Compliance with Federal Tax Certificate. The City shall comply with the provisions of the Federal Tax Certificate with respect to the Bond, which are incorporated herein as if fully set forth herein. The covenants of this section shall survive payment in full or defeasance of the Bond.
(i) Bank Qualification. In the Federal Tax Certificate the City may designate the
Bond as a “qualified tax-exempt obligation” for purposes of paragraph (3) of Section 265(b) of the Code.
Section 9. Future Parity Bonds. The City reserves the right to issue Future Parity Bonds if the following conditions are met and complied with at the time of issuance of those additional bonds:
(a) There shall be no deficiency in any Parity Bond Fund.
(b) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the payment of the principal thereof and interest thereon out of a Parity Bond
Fund.
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(c) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity
Bonds or (2) Qualified Letter of Credit or Qualified Insurance or an amount plus Qualified Letter of Credit or Qualified Insurance equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into the Reserve Fund of other legally available money from Net Revenue or Qualified Letter of
Credit or Qualified Insurance on or prior to the date of issuance of such Future Parity Bonds.
(d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the applicable
Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior to their maturity date from money in the applicable Parity Bond Fund.
(e) There shall be on file with the City either:
(1) a certificate of the Administrative Services Administrator demonstrating that Net Revenue for the Base Period, without regard to deposits into or withdrawals from the
Rate Stabilization Fund, is equal to at least the Parity Requirement; or
(2) a certificate of a Professional Utility Consultant that in such Consultant’s opinion Net Revenue for the Base Period, as adjusted, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to at least the Parity Requirement.
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The Professional Utility Consultant, in estimating Net Revenue available for debt services, may adjust Net Revenue to reflect:
(A) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future;
(B) Income derived from customers of the Waterworks Utility who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year’s Net Revenue from those customers;
(C) Income from any customers to be connected to the Waterworks
Utility who have paid the required connection charges;
(D) The Professional Utility Consultant’s estimate of the Net Revenue to be derived from customers anticipated to connect for whom building permits have been issued;
(E) Income received or to be received which is derived from any person, firm corporation or municipal corporation under any executed contract for water, sewage disposal or other utility service, which revenue was not included in the historical Net
Revenue;
(F) The Professional Utility Consultant’s estimate of the Net Revenue to be derived from customers with existing homes or buildings which will be required to connect to any additions to and improvements and extensions of the Waterworks Utility constructed and to be paid for out of the proceeds of the sale of the additional Future Parity
Bonds or other additions to and improvements and extensions of the Waterworks Utility when such additions, improvements and extensions are not completed; and
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(G) Any increases or decrease in Net Revenue as a result of any actual or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the
12-month period.
(f) Refunding Obligations. If Future Parity Bonds proposed to be so issued are for the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such certification of coverage shall not be required if the amount required for the payment of the principal and interest in each year for the refunding bonds is not increased more than $5,000 over the amount for that same year required for the bonds or the portion of that bond issue to be refunded thereby and if the maturities of such refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby.
Nothing contained herein shall prevent the City from issuing Future Parity Bonds to refund maturing Parity Bonds, money for the payment of which is not otherwise available.
(g) Subordinate Lien Obligations. Nothing contained herein shall prevent the City from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the payments required to be made therefrom into any Parity Bond Fund.
Section 10. Form of Bond. The Bond shall be in substantially the form set forth in
Exhibit A, which is incorporated herein by this reference.
Section 11. Execution of Bond. The Bond shall be executed on behalf of the City with the manual or facsimile signature of the Mayor, and shall be attested by the manual or facsimile signature of the Clerk.
Only such Bond as shall bear thereon a Certificate of Authentication in the form earlier recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or
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entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered hereunder and is entitled to the benefits of this ordinance.
In case either of the officers who shall have executed the Bond shall cease to be an officer or officers of the City before the Bond so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bond may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. The Bond may also be signed and attested on behalf of the City by such persons who at the date of the actual execution of the Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City.
Section 12. Right of Prepayment. The City may prepay the Bond at the times, if any, and in the amounts, if any, set forth in the Bond. If the Bond is prepaid in full, interest shall cease to accrue on the date such prepayment occurs.
Section 13. Sale of Bond.
(a) Bond Sale. The Council has determined that it would be in the best interest of the City to delegate for a limited time the authority to request proposals from financial institutions to purchase the Bond and to approve the final terms of the Bond, as set forth in the
Commitment of the successful respondent. Each Designated Representative is hereby authorized to solicit proposals to purchase the Bond and each Designated Representative is
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further authorized to select the Bank that submits the proposal that is in the best interest of the City.
Subject to the terms and conditions set forth in this Section 13, each Designated
Representative is hereby authorized to select the Bank, to designate all or a portion of the
Refunding Candidates as Refunded Bonds, to approve the principal amount, principal payment dates, dated date, denominations, interest payment dates, redemption/prepayment provisions and interest rate or rates for the Bond, to accept the Commitment, to agree to any additional terms and covenants that are in the best interest of the City and consistent with this ordinance, and to execute the sale of the Bond to the Bank; provided that:
(1) the principal amount of the Bond does not exceed $6,500,000,
(2) the final maturity of the Bond is no later than December 1, 2022,
(3) the Bond is sold at a price not less than 97% and not greater than 105%,
(4) the Bond is sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds of 4.00%, and
(5) the true interest cost for the Bond does not exceed 3.00%.
(b) Report to Council; Expiration of Authority. Following the sale of the Bond, a
Designated Representative shall provide a report to Council describing the sale and final terms of the Bond approved pursuant to the authority delegated in this section. The authority granted to the Designated Representatives by this section shall expire on December 31, 2017.
If the Bond has not been sold by December 31, 2017, the authorization for the issuance of the
Bond shall be rescinded, and the Bond shall not be issued nor its sale approved unless such
Bond shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing
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the issuance and sale of such Bond may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a
Commitment or establishing terms and conditions for the authority delegated under this
Section 13.
(c) Delivery of Bond; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the Designated Representatives, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bond to the Bank and further to execute all closing certificates, agreements, loan agreements, and documents required to effect the closing and delivery of the Bond in accordance with the terms of the Commitment.
Section 14. Application of Bond Proceeds; Plan of Refunding.
(a) Refunding Plan. For the purpose of realizing a debt service savings and benefiting the City’s ratepayers, the Council proposes to refund and defease the Refunded
Bonds as set forth herein. The Refunded Bonds shall include those Refunding Candidates designated by a Designated City Representative and identified in the Escrow Agreement.
Proceeds of the Bond shall be deposited with the Escrow Agent pursuant to the Escrow
Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the 2007 Bond Ordinance and to pay costs of issuance of the Bond.
The net proceeds deposited with the Escrow Agent shall be used to defease the
Refunded Bonds and discharge the obligations thereon by the purchase of certain Government
Obligations (which obligations so purchased, are herein called “Acquired Obligations”), bearing
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such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of:
(1) interest on the Refunded Bonds due and payable on and prior to the Call
Date; and
(2) the redemption prices of the Refunded Bonds on the Call Date.
Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues.
(b) Escrow Agent/Escrow Agreement. The City hereby appoints U.S. Bank National
Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the “Escrow
Agent”). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bond remaining after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and expenses of the issuance of the Bond.
In order to carry out the purposes of this Section 14, the Administrative Services
Administrator is authorized and directed to execute and deliver to the Escrow Agent, an Escrow
Agreement.
(c) Call for Redemption of Refunded Bonds. The Designated Representatives are hereby authorized to set aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bond to make the payments described in Section 14(d).
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The Designated Representatives are hereby authorized to call the Refunded Bonds for redemption on their Call Date in accordance with the provisions of the 2007 Bond Ordinance authorizing the redemption and retirement of the 2007 Bonds prior to their fixed maturities.
Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bond and delivery of the Acquired Obligations to the Escrow Agent.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
2007 Bond Ordinance. The costs of publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the Administrative
Services Administrator, or, at the direction of the Administrative Services Administrator, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified in this ordinance. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to said Administrative Services Administrator shall be credited to the Refunding
Account, which is hereby authorized to be created. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Administrative Services Administrator) and applied in accordance with the provisions of this ordinance and with the laws of the State for the benefit of the City and owners of the Refunded Bonds.
The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due.
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Section 15. Ongoing Disclosure; Additional Covenants.
(a) Ongoing Disclosure. The Bond is exempt from ongoing disclosure requirements of the Rule.
(b) Covenants. The City may agree to provide the Bank certain financial or other information and agree to such additional covenants as determined to be necessary by a
Designated Representative and as set forth in the Commitment and approved by the
Designated Representative pursuant to Section 13.
Section 16. Lost, Stolen or Destroyed Bond. In case the Bond shall be lost, stolen or destroyed while in the Registered Owner’s possession, the Bond Registrar may at the request of the Registered Owner execute and deliver a new Bond of like date, number and tenor to the
Registered Owner thereof upon the Registered Owner’s paying the expenses and charges of the
City and the Bond Registrar in connection therewith and upon its filing with the City written certification that such Bond was actually lost, stolen or destroyed and of its ownership thereof.
In the case the Bond shall be lost, stolen, or destroyed while in the Registered Owner’s possession, the Registered Owner may elect upon final payment of principal and interest of the
Bond to surrender a photocopy of the Bond for cancellation at the office of the Bond Registrar together with written certification that such Bond was actually lost, stolen or destroyed and of its ownership thereof.
Section 17. Contract; Savings Clause. The covenants contained in this ordinance and in the Bond shall constitute a contract between the City and the Registered Owner of the Bond.
If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction and after final
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appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bond.
Section 18. General Authorization; Ratification of Prior Acts. The Designated
Representatives, the City Clerk, and other appropriate officers of the City are authorized to take any actions and to execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance.
All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified.
Section 19. Effective Date of Ordinance. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication.
PASSED by the City Council this 19th day of June, 2017.
Jason A. Seth, CMC, City Clerk
APPROVED BY THE MAYOR this 19th day of June, 2017.
Denis Law, Mayor
Approved as to form:
Pacifica Law Group LLP Bond Counsel
Date of Publication: ______
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Exhibit A
Form of Bond
TRANSFER RESTRICTED
THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY STATE OR JURISDICTION, THIS BOND IS SUBJECT TO CERTAIN TRANSFER RESTRICTIONS AS PROVIDED IN THE BOND ORDINANCE DESCRIBED BELOW AND MAY NOT BE RESOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO THE TERMS THEREOF.
UNITED STATES OF AMERICA NO. R-1 $______
STATE OF WASHINGTON CITY OF RENTON
WATER AND SEWER REVENUE REFUNDING BOND, 2017
INTEREST RATE: _____% MATURITY DATE: ______, 20[__] REGISTERED OWNER: ______PRINCIPAL AMOUNT: ______MILLION AND NO/100 DOLLARS
The City of Renton, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (herein called the “City”) hereby acknowledges itself to owe and for value received promises to pay, but only from the sources and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from the date of delivery, or the most recent date to which interest has been paid or duly provided for, at the Interest Rate set forth above (the “Interest Rate”). Interest on this bond shall accrue from its dated date until paid and shall be computed per annum on the principal amount outstanding on a 30/360 basis. Principal of and accrued interest on this bond shall be payable on the dates set forth in the payment schedule attached hereto.
Both principal of and interest on this bond are payable in lawful money of the United States of America. Principal and interest on this bond shall be payable by check or warrant or by other means mutually acceptable to the Registered Owner and the City. Upon final payment of principal and interest of this bond, the Registered Owner shall surrender this bond for cancellation at the office of the Bond Registrar in accordance with Ordinance No. ______of the City (the “Bond Ordinance”). Reference is made to the Bond Ordinance and any and all modifications and amendments thereto for a description of the nature and extent of the
10018 00011 ge17ct42hq AGENDA ITEM # 9. c)
security for this bond, the funds or revenues pledged, and the terms and conditions upon which such bond is issued.
This bond is being issued for the purpose of refunding certain outstanding water and sewer revenue bonds of the City and paying costs of issuance of the bond.
The City may prepay this bond [insert prepayment terms]. [Any such prepayment may be subject to a prepayment fee.]
This bond has been designated by the City as a “qualified tax-exempt obligation” within the meaning of Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”).
This bond is payable solely from the Bond Fund and the Reserve Fund. The City has irrevocably obligated and bound itself to pay into the Bond Fund out of the Net Revenue or from such other moneys as may be provided therefor certain amounts necessary to pay and secure the payment of the principal and interest on this bond. This bond is not a general obligation of the City, the State or any other political subdivision.
The City does hereby pledge and bind itself to set aside from the Waterworks Utility Fund out of the revenue of the Waterworks Utility and to pay into the Bond Fund and the Reserve Fund the various amounts required by the Bond Ordinance to be paid into and maintained in such Funds, all within the times provided by the Bond Ordinance. To the extent more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the Waterworks Utility Fund out of the revenue of the Waterworks Utility into the Bond Fund shall be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the amounts required to pay and secure the payment of the Outstanding Parity Bonds and any revenue bonds of the City hereafter issued on a parity with the bond and superior to all other liens and charges of any kind or nature except Maintenance and Operation Expense.
[insert transfer provisions, if any]
This bond is issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and duly adopted ordinances of the City. The City hereby covenants and agrees with the owner of this bond that it will keep and perform all the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and reference is hereby made to the Bond Ordinance for a complete statement of such covenants.
This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar.
It is hereby certified that all acts, conditions, and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done, and performed precedent to and in the issuance of this bond have happened, been done, and performed.
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IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or manual signature of the City Clerk, all as of this _____ day of ______, 2017.
CITY OF RENTON, WASHINGTON [SEAL]
By /s/ facsimile or manual Mayor
ATTEST:
/s/ facsimile or manual City Clerk
REGISTRATION CERTIFICATE
This bond is registered in the name of the Registered Owner on the books of the City, in the office of the Administrative Services Administrator of the City (the “Bond Registrar”), as to both principal and interest, as noted in the registration blank below. All payments of principal of and interest on this bond shall be made by the City from the Bond Fund.
Date of Name and Address of Signature of Registration Registered Owner Bond Registrar ______, 2017 ______Administrative Services Administrator
PAYMENT SCHEDULE
Principal and interest on this bond shall be payable as set forth in the following schedule:
Date Principal Interest Total Payment
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CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washington
(the “City”), DO HEREBY CERTIFY:
1. The attached copy of Ordinance No. ______(the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on June 19, 2017, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after publication in the City’s official newspaper as provided by law; and
2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2017.
Jason A. Seth, CMC, City Clerk
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