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City Council Meeting - Council - Agenda - 06/16/2009
1 91t'�P(=2`,�,'� I�I.„k,��i�;�� p,� k;r ".j ,6gg 04 T`� �`� yq�� ityofKent ; y%'" 0 NZ ,,�,��, {,nil, � , ;�21N,2a,1,T?„gl��"�I �, ,I„Ijll tjjlL,r`,ny WR ing ity Coun 2 TOAqn "'q ,� ���(�� }i Uh�il%a1 x i� it Till11''Ztt q I,� ",, �,n�' ,a �a „ June 16, 2009 'ni 4ti Mayor Suzette Cooke Debbie Raplee, Council President , Counc lmembers Elizabeth Albertson Ron Harrison Tim Clark Deborah Rnniger f Jamie Danielson Les Thomas KENOT WASHINGTON CityClerk's Office e KENT CITY COUNCIL AGENDAS KENT June 16, 2009 WnSHI�GTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie R lee President e ap Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** 1 COUNCIL WORKSHOP CANCELLED ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Legislative Update by Senator Claudia Kauffman D. North Park Neighborhood Council Presentation E. Introduction of Appointee F. IMAX Theatre Proclamation G. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Civil Service Commission Appointment - Confirm D. S.E. 282Id Street, No Parking Prohibition Ordinance - Adopt E. Materials Testing and Inspection Services Contract - Authorize F. LA Fitness aka Holmes Electric Bill of Sale -Accept G. LA Fitness Bill of Sale - Accept H. Van Short Plat Bill of Sale - Accept I. Shuver Estates Bill of Sale - Accept J. Haley's Ridge Bill of Sale - Accept K. Grewal Two Bill of Sale - Accept (Continued) COUNCIL MEETING AGENDA CONTINUED L. 2009-2010 FlexPass Program Agreement - Authorize M. Inmate Confinement and Kent Corrections Facility Programs Ordinance - Adopt N. Impoundment of Vehicles Used in Prostitution Crimes Ordinance - Adopt O. Prohibition of Attendance at Illegal Street Races Ordinance - Adopt P. Boating Safety, Washington State Parks and Recreation Commission Grant - Accept Q. North Park Neighborhood Council Resolution - Adopt --�,R. Multi-Family Residential Tax Exemption Ordinance - Adopt 3 1-2D 7. OTHER BUSINESS A. Panther Lake Annexation Resolution B. Comcast Add-On Fee Resolution C. Economic and Community Development Department Ordinance 8. BIDS A. West Valley Highway Sanitary Sewer Replacement 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND A ER EXECUTIVE SESSION A. Property Acquisition B. Potential Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. �. T7 a ° � L v 0 a ON a Li. bq C.O O C_ N E ti E C 6! C� 7 C> C O C U - C rO C y ro a yvai ° N 0�0 r6 6cu 01 rO OQ l0 a U i E N � _ C � a L � p a _N a t Q L v `L N L 6 i O a T C V L O u v G vV -0 7- E .Lv. LO C.C U C N 3 ro L a C `8 .y C V - >.V T GJ -O C C4 b0 d O -0 7 ° ° C L -C-E2 V a a m 7 7 O .i C. V_ 2 a ? N ro J. 0 ? 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E E ms Q M0 Q V! �n � COUNCIL WORKSHOP t t 1 1 1 t 1 1 1 1 1 1 t CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF rLo B) FROM THE PUBLIC 1 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION ' B COMMUNITY EVENTS C) LEGISLATIVE UPDATE BY SENATOR CLAUDIA KAUFFMAN D) NORTH PARK NEIGHBORHOOD COUNCIL PRESENTATION E) INTRODUCTION OF APPOINTEE F) IMAX THEATRE PROCLAMATION G) PUBLIC SAFETY REPORT r ' A� i Kent City Council Meeting Date June 16, 2009 ' Item No. 6A - 6B iCONSENT CALENDAR 6. City Council Action: v Councilmember moves, Councilmember seconds to approve Conserif Calendar Items A through 1 /� Discussion LZ-6 l/y1d'A Action 6A. ADgwoval of Minutes. Approval of the minutes of the regular Council meeting of June 2, 2009. 1 6B. Approval of Bills. Approval of payment of the bills received through April 30 and paid on April 30, after auditing by the Operations Committee on June 2, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/09 Wire Transfers 3698-3716 $1,773,210.67 4/30/09 Regular Checks 631592-632260 4,636,341.58 Use Tax Payable 3,344.99 $6,412,897.24 Approval of payment of the bills received through May 15 and paid on May 15, after auditing by the Operations Committee on June 2, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/09 Wire Transfers 3717-3742 $5,125,720.84 i 5/15/09 Regular Checks 632261-632669 1,817,910.55 Void Checks 632656/632630 -7,435.00 Use Tax Payable 3,568.55 ' $6,939,764.94 1 6B. Auproval of Bills. ' Approval of interim checks issued for payroll for April 21 and paid on April 21: ' Date Check Numbers Amount 4/21/09 Checks 311461-311462 $579.07 ' Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2009: ' Date Check Numbers Amount 5/5/09 Checks 311463-311779 $ 194,539.26 ' 5/5/09 Advices 248081-248856 1,556,875.92 $1,751,415.18 Approval of checks issued for payroll for May 1 through May 15 and paid on , May 20, 2009: Date Check Numbers Amount , 5/20/09 Checks 311780-312107 $ 184,734.59 5/20/09 Advices 248857-249636 1588,601.75 ' $1,773,336.34 5/20/09 Void Check 312055 -121.24 , Approval of interim checks issued for payroll for May 21,2009: Date Check Numbers Amount 1 5/21/09 Void Check 311444 $-269.31 5/21/09 Reissue Check 312108 269.31 0 r KE NT Kent City Council Meeting' W A S N IN G T ON June 2, 2009 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Clark, Danielson, Harmon, Ranniger, Raplee and Thomas. Councilmember Albertson was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item N was added by Council President Raplee. B. From the Public. (CFN-198) Continued Communications Item A was added at the request of Rashpal Singh. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced an open house to discuss options for an off-lease dog park on East Hill, the opening of the Farmers Market, and ' National Trails Day. Mayor Cooke gave a reminder of her Town Hall meeting with Julia Patterson on June 4 on Vision 2040, and Danielson commended the Mill Creek Junior High students on their civic competition presentations. C. National Night Out Report. (CFN-122) Terri Morford, Police Department Public Education Specialist explained the upcoming National Night Out and encouraged everyone to participate. D. Neighborhood Council Update. (CFN-1304) Toni Azzola, Neighborhood Program Coordinator, explained the program and outlined the accomplishments of the various neighborhoods. E. Employee of the Month. (CFN-147) Police Captain Ron Price introduced Lt. Rafael Padillo, and noted that he personifies the values of the City. Mayor Cooke then presented Lt. Padillo with an Employee of the Month plaque. F. Economic Development Update. (CFN-825) Ben Wolters gave an update on economic development in the City, noting that the downtown post office building is up for sale and that the mayor intends to send a letter requesting that the retail portion of the post office remain downtown. Clark recommended requesting a new zip code for development in the downtown area. Wolters added that there have been openings and closings at Kent Station, and that he is working with the East Hill Partnership to find ways to promote that area. Wolters spoke about the recent rock concert and job fair at the ShoWare Center, which both had very good attendance. In response to ' Harmon's questions, he noted that the price of the parking garage has been dropped by the bank, and that although property owners on Meeker Street appear to lack motivation, the city will continue to try to bring new opportunities to them. ' 1 Kent City Council Minutes June 2, 2009 CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through N. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 19, 2009, were approved. B. Approval of Bills. (CFN-104) This information was not available. C. 2008 Community Development Block Grant Action Plan Amendment Two. (CFN-493) The Mayor was authorized to sign Amendment Two to the 2008 CDBG One-Year Action Plan, which accepts $211,080 in additional CDBG funds, and allocates $189,972 to the Kent Youth and Family Services Watson Manor Roof Replacement Project, and $21,108 to administrative and planning functions. D. 2009 4culture Sustained Support Grant Agreement. (CFN-118) The Mayor was authorized to sign the Sustained Support Grant Agreement from 4Culture in the amount of $17,000 for support of 2009 Kent Arts Commission programs, and the expenditure of funds in the Kent Arts Commission budget were approved. E. Lake Fenwick Floating Dock Project Agreement. (CFN-118) The Mayor was authorized to sign the agreement with Berger/Abam Engineers, Inc. for $29,700 to complete engineering services on the Floating Dock Project at Lake Fenwick. F. Department of Community, Trade and Economic Development Reimbursement Grant Agreement for Clark Lake Park. (CFN-1246) The Mayor was authorized to sign the grant agreement with the Department of Community, 1 Trade, and Economic Development for $217,809 to reimburse the Clark Lake land acquisition budget. G. Quota International Donation for Service Club Ballfields. (CFN-118) The ' $10,000 from Quota International of Kent Valley for final payment on playground equipment at Service Club Ballfields was accepted, and the expenditure of funds in , the Service Club Ballfields budget was approved. H. Retaining Wall and Access Easement at Arbor Heights 3600. (CFN-118) The Mayor was authorized to sign the Retaining Wall and Maintenance Access Easement for property at Arbor Heights 3600, upon terms acceptable to the City Attorney. , I. Puget Sound Energv Resource Conservation Manager Program Grant Agreement. (CFN-118) The Mayor was authorized to sign the grant agreement with Puget Sound Energy to implement the Resource Conservation Manager Program. J. Illicit Discharge Detection and Elimination (IDDE) Ordinance. ' (CFN-131/565/648) Ordinance No. 3916 which creates an Illicit Discharge Detection and Elimination Program related to the City's storm-water system and amends the Kent City Code to implement the program was adopted. , 2 Kent City Council Minutes June 2, 2009 K. Commute Trip Reduction CTR Plan Update and Ordinance. FN-171 Ordinance No. 3917 which adopts the City's Commute Trip Reduction Local Plan and amends Chapter 6.12 of the Kent City Code to implement the plan was adopted. L. Stimulus Package Funds for East Valley Highway. (CFN-1306) The Public Works Director was authorized to accept American Recovery and Reinvestment Act (ARRA) funding through an agreement with the Washington State Department of Transportation Highways and Local Programs Office, the Mayor was authorized to sign all necessary documents, and amendment of the project budget and expenditure of the grant funds was authorized. M. Sub Regional Opportunity Fund Interlocal Cooperation Agreement. (CFN-1038) The Mayor was authorized to sign the Sub-Regional Opportunity Fund Interlocal Cooperation Agreement, direct staff to accept the funds, and establish a budget for the funds to be spent within the Horseshoe Bend Levee Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. ADDED ITEM N. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Albertson was approved, as she was unable to attend. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke stated that better coordination of divisions involved in the permit process is needed, and said she will present Council with a plan to combine Community Development and that division of Public Works which is related to development into a Department of Economic and Community Development, with Ben Wolters as Director. She explained that this plan is in response to the Council's strategic plan, the recommendations of a citizen permit panel, and economic issues. C. Operations Committee. (CFN-198) Clark noted for the public that the garbage service contract process is under way. ' D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Clark noted that the next meeting will be on the second Monday of the month. F. Public Safety Committee. (CFN-198) Harmon noted the next meeting will be next Tuesday at 5:00 o'clock. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson said that, due to time constraints, a resolution calling for an election on the Panther Lake Annexation will be brought to 3 e2 0 t Kent City Council Minutes Jun , 2 09 Council on June 16. He noted that the one item for executive session tonight is related to property acquisition, and that the session should take approximately ten , minutes with no action afterward. CONTINUED COMMUNICATIONS ADDED ITEM A. Storm Drainage Rate Increase. (CFN-648) Rashpal Singh, 8609 140th Avenue SE, Newcastle, WA, explained that he owns a business on West Hill and expressed concern about the dramatic increase in storm drainage rates since 2007. Mayor , Cooke explained that the costs of meeting Federal and State requirements, along with potential flooding issues, have resulted in the increases. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:00 p.m. and reconvened at 8:20 p.m. (CFN-198) ADJOURNMENT The meeting adjourned at 8:20 p.m. (CFN-198) i Brenda Jacober, CMC City Clerk 1 4 , Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6C 1. SUBJECT: CIVIL SERVICE COMMISSION APPOINTMENT - CONFIRM 1 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Lorraine Patterson to the Kent Civil Service Commission. Lorraine's appointment will fill the vacancy following the death of Ron Banister. While it is difficult to fill Ron's vacancy following his long history of community service, Ms. Patterson's interest and willingness to serve will ensure the Commission continues with the same professionalism as in the past. As you can see from Lorraine's resume, she is well qualified to serve the residents of Kent on the Civil Service Commission. One confirmed, Ms. Patterson's term will expire on April 30, 2012. 3. EXHIBITS: Memorandum and Resume 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone-253-856-5700 Fax 253-856-6700 • Address: 220 Fourth Avenue S. K E N T Kent,WA 98032-5895 WASHINGTON DATE: June 161F 2009 TO: Debra Raplee, Council President City Council Members FROM: Suzette Cooke, Mayor RE: Civil Service Commission Appointment I am requesting approval of my appointment of Lorraine Patterson to the Civil Service Commission. Lorraine will fill the vacancy left by Ron Banister's death. Lorraine Patterson is a Kent resident, and a member of the Mayor's Advisory Team. She is employed by King County as Assistant Division Director in the Department of Natural Resources and Parks Wastewater Treatment Division. Ms. Patterson received her Juris Doctorate from Stanford University's School of Law. As a licensed attorney, she has experience in employment and labor law. Lorraine is also a certified Human Resources Professional. Lorraine, her husband and three children reside on the east hill of Kent. I am delighted to recommend Ms. Patterson for the Civil Service Commission and I thank you for your consideration and confirmation. LORRAINE A. PATTERSON, SPHR, JD PROFESSIONAL EXPERIENCE Human Resources— 16+years of experience Senior Management— 10+years of experience Employment/Labor Law Attorney—3 years of experience An experienced senior manager with a history of delivering solid business results that require the alignment of progressive human resources practices with the goals of the business. EDUCATION Juris Doctorate Stanford University, School of Law Bachelor of Science Degree with honors Cornell University, School of Industrial and Labor Relations EMPLOYMENT DETAILS Assistant Division Director King County—DNRP—WTD, Seattle, WA May 2005 —Present (Water treatment utility) • Manage all internal aspects of the business (division policy and procedures, organizational development, and human resources: labor(lead management negotiator on all contracts), recruiting, succession plans and employee relations) • Manage division wide initiatives or projects (e.g., operating and capital reorganization, establishing maintenance best practices, strategy development) • Monitor all Key Performance Indicators utilizing a Balanced Scorecard • Monitor financial performance ($95 million—operating budget and capital budget of$250 million) Human Resources Service Delivery Manager II King County—Department of Transportation, Seattle, WA March 2003 —May 2005 • Managed human resources staff of 21 employees for a department(5000 employees • Oversaw multiple areas which included employee relations, labor relations, recruitment, classification, compensation, random drug testing for safety- sensitive positions, and training and development • Worked on countywide policy as a member of the King County Human Resources Cabinet • Supervised litigation and arbitration cases working directly with outside counsel or the prosecuting attorney's office. • Oversaw all responses to employment claims filed with agencies(federal, state and county). • Handled special projects, as assigned, to identify issues and construct resolutions and/or procedures for countywide implementation. Employee and Labor Relations Representative King County-Transit Human Resources, Seattle, WA Feb. 2002—March 2003 Patterson,Lorraine cont'd • Provided labor negotiations and contract administration for a division with 4000 employees (negotiations, grievance hearings,unemployment hearings, arbitrations/mediations) • Advised management and coordinated the development of division policies, interests and strategies for all employment and labor-related activities , • Conducted complex employment investigations;wrote investigative reports, and presented findings and recommendations to management and the prosecuting attorney's office • Developed and delivered training on employee and labor relations Employment Attorney Littler Mendelson, Seattle, WA 1999 to 2002 National law firm exclusively representing management in employee and labor law. • Handled state and federal agency complaints and lawsuits. Negotiated settlements and contracts. • Advised clients on employment law issues (discrimination,wage &hour, labor relations, compensation plans,handbooks and litigation inquiries). • Attended and prepared for court appearances and collective bargaining negotiations. • Conducted employment and labor training. • Drafted ERISA governed plans. Prepared appropriate IRS filings for health and welfare plans. • Assisted clients with delinquent filings under voluntary compliance programs for operational failures. Summer Associate ' Mitchell,Silberberg&Knupp,Los Angeles,CA 1998 Bogle&Gates,P.L.L.C., Seattle,WA 1997 Human Resources Intern PepsiCo,Inc.,Taco Bell Corporation,Irvine,CA 1996 Treasury Services Lead The Seattle Times, Seattle,WA 1992 to 1994 Remittance Banking Supervisor Security Pacific Automation Company,Seattle,WA 1990 to 1992 Customer Service Supervisor Bank Card Services Division,Security Pacific Bank, Seattle,WA 1987 to 1990 PROFESSIONAL AFFILIATIONS Member, Society of Human Resources Management-Appointed to Labor Expertise , Panel (3 years) Member, State Bar of Washington (Bar#30202) Page 2 of 2 Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6D 1. SUBJECT: S.E. 282ND STREET, NO PARKING PROHIBITION ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending section 9.38.020 of the Kent City Code to add a new parking prohibition on Southeast 282nd Street from 132"d Avenue Southeast to 1441h Southeast. The City's Transportation Master Plan identifies SE 282nd Street as a designated bicycle route. The City intends to modify the channelization on SE 282nd Street to mark the bike route between 132nd Avenue SE and 144th Avenue SE when the roadway is fully constructed by future development. In furtherance of the Transportation Master Plan, the City required the South Ridge Subdivision , as a condition of development, to construct a new section of roadway on SE 282nd Street between Soosette Creek and 144th Avenue SE with no parking on either side of the street. This ordinance is required to formally amend the code to restrict parking on this portion of SE 282nd Street. A3. EXHIBITS: 5/27/09 memo to Public Works Committee; Ordinance; and map depicting location of SE 282nd Street 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A SHIN G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 27, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 1, 2009 From: Rob Knutsen, Engineering Specialist Chad Bieren, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: S. 282nd Street — No Parking Prohibition Amend Kent City Code (KCC) 9.38.020 Motion: Move to recommend the City Council adopt an ordinance to amend the Parking Code (Kent City Code 9.38.020, No Parking Zones) to include SE 282nd Street between 132"d Avenue SE and 144th Avenue SE, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: As a condition of development, the South Ridge subdivision constructed SE 282nd Street between Soosette Creek and 1441h Avenue SE. The new section of the roadway was constructed as a Residential Collector Arterial, with three lanes and no parking on either side of the street. No Parking signs were added to the street prior to occupancy of homes; however the City code was not amended to include a no parking restriction. The proposed ordinance will include no parking in this area, westward to 132nd Avenue SE, providing for consistency along the arterial. During development of the Transportation Master Plan, SE 282nd Street was designated as a bicycle route. Originally, the Public Works Department planned on marking the bike route between 132nd Avenue SE and 144th Avenue SE when the roadway is fully constructed by future development, west of 136th Avenue SE. In response to neighborhood concerns related to parking and sight distance on SE 282nd Street between 1401h Avenue SE and 144th Avenue SE and to complete the first section of the bicycle lanes, the Public Works Department plans to modify the roadway channelization is this area to include one lane in each direction and bicycle lanes. In order to accomplish this most effectively, the no parking restrictions should be in place. Thus, new channelization would be constructed only after the proposed ordinance is passed. Without the ordinance bicycles would share the lane with vehicles, and the no parking prohibition would be removed. tBudget Impact: No additional funding will be required - Costs will be covered under the Residential Traffic Calming Program and street maintenance budgets. U IPWCommitteekActionPagel2009ldate.doc LR X,I kfKr C` •`�' •n9F •yam � '44 A l V.' r �•' � r ,, ,: L,to-(JI;..,GG��,++b.))' `1 r }.- , r �...1'!; i-;- _r�K�'r4 F.e _t t In. I tot- V1 A- ,41 VAI AA, , R -TrY I AWL. *i 7L�k 14, A mv 4A iz V,� Y fires;. ge M4 :2 q WV y(104 irk, -4j,- �5�t.t JAI. -If fe, 404 ell "16 9 --T-T -W.� uw coo w.tea 'g s }¢ 00 j JIM 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.020 of the Kent City Code, entitled "No parking zones," to add a new parking prohibition on Southeast 282nd Street from 132nd Avenue Southeast to 144th Avenue Southeast. RECITALS A. The City's Transportation Master Plan identifies SE 282nd Street as a designated bicycle route. The City intends to modify the channelization on SE 282nd Street to mark the bike route between 132nd Avenue Southeast and 1441h Avenue Southeast when the roadway is fully constructed by future development. B. In furtherance of the City's Transportation Master Plan, the City required the South Ridge Subdivision, as a condition of development, to construct a new section of roadway on SE 282nd Street between the Soosette Creek and 144th Avenue Southeast with no parking on either side of the street. Although "No Parking" signs were posted, a code amendment is necessary to formally amend KCC 9.38.020 to restrict parking on this section of SE 282nd Street. 1 Revise No Parking Zones - 1 Add SE 282nd Street ORDINANCE NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Amendment. Section 9.38.020 of the Kent City Code, entitled "No parking zones," is amended as follows: Sec. 9.38.020. No parking zones. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street. 3. 2nd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to five hundred (500) feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 2 Revise No Parking Zones - Add SE 282"d Street 11. 27th Place South: from South 259t" Place north to South 256t" Street. 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 54th Avenue South: from South 228th Street to South 226th Street. 17. 58th Place South: from Russell Road to South 194th Street. 18. 58th Place South: from South 226th Street to south end of 58th Place South. 19. 62nd Avenue South: from South 190th Street to South 196th Street. 20. 64th Avenue South: from south end of road to South 212th Street. 21. 66th Avenue South: from South 196th Street to South 190th Street. 22. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 23. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 24. 76th Avenue South: from South 228th Street to South 212th Street. 25. 77th Avenue South: from South 212th Street to north end of road. 26. 80th Avenue South: from South 180th Street (43rd Avenue South) 1 to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 27. 80th Place South: from 80th Avenue South to 84th Avenue South. 28. 81st Avenue South: from South 200th Street to South 196th Street. 29. 83rd Avenue South: from South 228th Street to South 224th Street. 3 Revise No Parking Zones - Add SE 282"d Street 30. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 31. 88th Avenue South: from East James Street to South 218th Street. 32. 94th Avenue South: from Canyon Drive to South 240th Street. 33. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 34. 100th Avenue Southeast: from Southeast 248th to the north city limits. 35. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 36. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 37. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 38. 108th Avenue Southeast: from Southeast 281st Street to Kent- Kangley Road (SR 516). 39. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 40. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 41. 112th Avenue Southeast: from south end of 112th Avenue Southeast to Southeast 232nd Street. 42. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 43. 116th Avenue Southeast: from Southeast 227th Place to Southeast , 274th Way. 44. 117th Avenue Southeast: from Southeast 244th Street to end of street. 45. 118th Court Southeast: from Southeast 244th Street to end of street. 4 Revise No Parking Zones - Add SE 282"d Street 46. 119th Court Southeast: from Southeast 244th Street to end of street. 47. 119th Way/120th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 48. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 49. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 50. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 51. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 52. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 53. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 54. 148th Avenue Southeast/152nd Way Southeast: from North City Boat Ramp to Kent-Kangley Road (SR 516). 55. 152nd Avenue Southeast/152nd Way Southeast: from Kent-Kangley Road (SR 516) to SR 18. 56. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South. 57. Cambridge Way: two hundred (200) feet south of South 262nd Street, west side only. 58. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 59. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 60. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 5 Revise No Parking Zones - Add SE 282nd Street 1 61. East Harrison Street: from one hundred forty (140) feet west of 4th Avenue North to 4th Avenue North, south side only. 62. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 63. East Pioneer Street: from one hundred seventy (170) feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to two hundred (200) feet east of Central Avenue, north side only. 64. East Pioneer Street: from Railroad Avenue North to Central Avenue North. 65. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only; police vehicle parking only. 66. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 67. East Titus Street/West Titus Street: from Railroad Avenue South to 1st Avenue South. 68. East Titus Street: from East Smith Street to Reiten Road South. 69. Frager Road South: from West Meeker Street to South 204th Street. 70. Interurban Trail Street: from Meeker Street to Smith Street. 71. Kennebeck Avenue South: from East Smith Street to East Ward Street. 72. Lake Fenwick Road: from South Reith Road to South 272nd Street. 73. Lakeside Boulevard East: from South 240th Street to South 228th Street. 74. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 75. Landing Way: from 64th Avenue South to West Valley Highway. 76. Lincoln Avenue North: from West Meeker Street to West James Street. 6 Revise No Parking Zones - Add SE 282"d Street 77. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 78. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 79. Novak Lane: from Central Avenue to west end of street. 80. Ramsay Way: from 4th Avenue North to two hundred thirty (230) feet east of 4th Avenue North. 81. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred forty (440) feet east of 4th Avenue North, south side only. 82. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred eighty (480) feet east of 4th Avenue North, north side only. 83. Ramsay Way: from five hundred twenty (520) feet east of 4th Avenue North to one hundred fifty (150) feet north of West Temperance Street. 84. Ramsay Way: from West Temperance Street to West Smith Street. 85. Riverview Boulevard: from South 216th Street to South 232nd Street. 86. Russell Road South: from end of street at Green River Trail to West James Street. 87. Russell Road South: from South 228th Street to South 212th Street. 88. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 89. South 190th Street: from West Valley Highway to 72nd Avenue South, and South 190th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 90. South 192nd Street: from the west end of the road to 84th Avenue South. 91. South 194th Street: from 58th Place South to 66th Avenue South. 7 Revise No Parking Zones - IAdd SE 282"d Street 92. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 93. South 196th Street/Russell Road/South 200th Street: from SR 167 ' to Orillia Road. 94. South 200th Street: from 80th Avenue South to 84th Avenue South. 95. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 96. South 204th Street: from West Valley Highway (SR 181 ) to 72nd Avenue South. 97. South 206th Street: from 72nd Avenue South to 77th Avenue South. 98. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 99. South 208th Street: from 84th Avenue South to 96th Avenue South. 100. South 212th Street: from west city limits to east city limits. 101. South 216th Street: from 64th Avenue South to 72nd Avenue South. 102. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 103. South 218th Street: from 84th Avenue South to SR 167. 104. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 105. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 106. South 224th Street: from 83rd Avenue South to east end of road. 107. South 226th Street: from 54th Avenue South to 64th Avenue South. 108. South 228th Street: from Russell Road South to 83rd Avenue South. 109. South 231st Way: from Military Road South to Russell Road South. 8 Revise No Parking Zones - Add SE 282nd Street 110. South 234th Street: from West Valley Highway to east end of street. 111. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 112. South 240th Street: from 27th Avenue South to I-5. 113. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 114. South 256th Street: from 27th Place South east to the traffic control gate. 115. South 259th Street: from 74th Avenue South to east city limits. 116. South 260th Street/South 259th Place South/Reith Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). 117. South 268th Street: from Military Road South to Princeton Avenue South. 118. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 119. South 277th Street and Southeast 274th Way: from Auburn Way North to 116th Avenue Southeast. 120. South Central Place: from South 266th Street to the end of South Central Place. 121. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 122. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 123. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 124. Southeast 248th Street: in front of George Daniels Elementary School. 125. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 9 Revise No Parking Zones - Add SE 282"d Street 126. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 127. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 128. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 129. Southeast 282"d Street: from 132"d Avenue Southeast to 144tn Avenue Southeast. 1304-2-9. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 13143.6. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 1324-3�. West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 1334-3-2. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 1344-33. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 135434. West Saar Street: from west end of street to 4th Avenue South, south side only. 136435. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 1374-36. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 1384-3-7. West Temperance Street: from Ramsay Way to 1st Avenue North. 1394-3-8. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 140439. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 10 Revise No Parking Zones - Add SE 282"d Street 141448. Woodland Way South: from East Maple Street to the driveway of Scenic Hill School. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 11 Revise No Parking Zones - Add SE 282"d Street PASSED: day of June, 2009. APPROVED: day of June, 2009. PUBLISHED: day of June, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Gvil\0rdmance\No ParkingZone-SoutheastMndStreet.doc 1 12 Revise No Parking Zones - Add SE 282"d Street Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6E 1. SUBJECT: MATERIALS TESTING AND INSPECTION SERVICES CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Jason Engineering & Consulting Business, Inc. contract for construction inspection and materials testing for the East Valley Highway project in the amount of $193,694, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The proposed contract would provide all materials sampling and testing along with construction inspection services as required, assisting City inspectors with completion of the East Valley Highway project. The East Valley Highway project requires the help of outside inspection services to ensure federal reporting requirements and project specifications are met. The specialized services are only required on federal projects such as this one and are more efficiently contracted at this time. 3. EXHIBITS: Public Works Memorandum dated 5/27/09 and Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 23 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH I NGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 27, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 1, 2009 From: Peter Tenerelli, Construction Manager Chad Bieren, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: East Valley Highway - Construction Inspection Contract Motion: Move to recommend authorizing the Mayor to sign a contract with Jason Engineering & Consulting Business, Inc. for Construction Inspection and Materials Testing for the East Valley Highway project in the amount of $193,694.00 upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: Construction bids for the East Valley Highway project will be opened on June 3, 2009. Pending award of a construction contract by Council on June 16, we anticipate beginning construction in July. The East Valley Highway construction contract will be valued between $3-million and $4- million and will require two, full-time City inspectors along with part-time help from a number of other inspectors, engineers and accountants to administer the contract. Management and execution of construction contracts generally adds 10-12% to the value of the contract, this is industry standard for public or private projects. Projects with federal grants, such as East Valley Highway, include added reporting requirements and therefore construction management costs generally rise to 12-15% of the construction contract value, or an estimated $500,000 for this project. Construction inspection of the East Valley Highway project will include soils and materials testing to ensure contract specifications are met. The City does not have the ability to perform this work in-house and typically contracts with an outside firm to complete laboratory sampling and testing on various materials. Federal grants require more materials testing than a typical City construction project. The proposed contract would provide all materials sampling and testing along with construction inspection services as required assisting City inspectors with completion of the project. The City's Construction Engineering section is staffed for year-round administration and inspection of City construction projects. The East Valley Highway project requires the help of outside inspection services to ensure federal reporting requirements and project specifications are met. These specialized services are only required on federalized projects such as this one and are more efficiently contracted at this time. Budget Impact: None - Costs are included in the federal grant for the project. U•IPWCommitteelAchonPage120091date doc 25 Local Agency Consultant/Addresslrelephone Jason Engineering& Consulting Business, Inc. Standard Consultant PO Box 181 Agreement Auburn, Washington 98071 Contact: Jason Bell ®Architectural/Engineering Agreement ❑ Personal Services Agreement (206)786-8645 Agreement Number LA-6075 Project Title And Work Description Federal Aid Number 84th Ave. S. Improvements(East Valley Highway) ARRA-STPUL-1073 (004) Provide testing and inspection services for the Agreement Type(Choose one) project. ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method DBE Participation El Actual Cost El Yes ® No Federal ID Number or Social Security Number El Actual Cost Not To Exceed % 20-0690315 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑Yes ® No April 1, 2011 ® Specific Rates Of Pay Total Amount Authorized$ 193,694.00 ® Negotiated Hourly Rate Management Reserve Fund$ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable$ 193,694.00 Index of Exhibits (Check all that apply): ® Exhibit A-t Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates ❑Exhibit A-2 Task Order Agreement ❑Exhibit G-3 Sub Overhead Cost ❑Exhibit B-t DBE Utilization Certification ® Exhibit H Title VI Assurances ®Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-1 Payment-Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit D-2 Payment-Cost Plus ®Exhibit K Consultant Claim Procedures ®Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase ❑ Exhibit D-4 Payment-Provisional ®Exhibit M-1 a Consultant Certification ❑Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification ®Exhibit E-2 Fee-Specific Rates ®Exhibit M-2 Certification-Primary ® Exhibit F Overhead Cost ®Exhibit M-3 Lobbying Certification ❑Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification ❑ Exhibit G-1 Subconsultant Fee ❑App.3 1.9 10 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of , between the Local Agency of City of Kent ,Washington,hereinafter called the"AGENCY" , and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 26 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups, or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race, color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE), if required,per 49 CFR Part 26, or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 27 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. 1 All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39,04,110 and RCW 39.16,011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- contractor,any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons is while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE, or the AGENCY, except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself, its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 49 CFR Part 21 23 CFR Part 200 ' RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H" in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual 29 costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shalt be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 5 of 8 30 X111 Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. I I The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers,The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW, Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this 31 section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum 1 amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. 1 D. Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-I(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M -2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and Exhibit"M-4" is required only in AGREEMENTS over$500,000. XVIIi Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the 32 "Execution Date"box on page one(1)of this AGREEMENT. By By Suzette Cooke , Mayor Consultant Jason Engineering&Consulting Business,Inc. Agency City of Kent i ! ! ! ! ! # ! ! DOT Form 140-089 EF Revised 312008 Page 8 of 8 33 Exhibit A-1 Scope of Work LA-6075 }'rc�jsct No. _-_._ -._--._------------- s- Attend preconstruction meetings. ___ ,a Provide._onsite.construcliQ-A,-"inspection and r onRzct�z►s�atig�s_regarding_construction materials as,_"_- requested. Observe-placement and ,procedures. Provide density tests to confirm compaction and testing - specification requirements. R v� Sample imported material to evaluate and confirm specification requirements. This includes Ta oratory testing for_eakWma6iRiI7type encoui tesed-iFcr/or i7ri6p6r-fied-f6-the she.-Ies g methods - will be performed according to current applicable standards. -'--ems 7rVvide'c6fistruttic ri-itiaitage ding--budget tracking;-daily-Teport-•-sunmm ies,--Emend------- measurements,and pay estimate preparation. --••-s,-Prwicle-miscellaneous•professiat�a4-servi,es-related•to-this project-as-fl eeted-hy-the-Gonstruetion.--•- - -- Manager. - - All_of-cur--c�uction management-inspectors-are.-qualified-.to perfam--the sa,T,e_±asks_as-•tlie" soils/asphalt/concrete inspector. Testing and inspection is typically performed by the same individual.--Hours are broken-dg-vyp cqcdiQ&t9 task ifl thQ fee,schedule___^ _ _ ___ %c- Hourly rates include all test equipment for our services(there are no hidden extra costs involved). A Licensed P.E. reviews all resorts and computer-generated copies are mailed to all parties on the project distribution list. " - s� This is an estimate and work performed over the estimated amount will be charged on a time and matenal'biiiis of the given riles- The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for — all'-Wi5t'k pUtford-.'-The-rd-is a mmimunr-charge of-2-hours forany-im-pection-and-professic ml— engineering services(weekends are minimum 4 hours). s.--Mile&ge-reirnbursementis charged-from-the-Auburn-office to the job sitaand-bas to office..- " An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working-da"nd-legal holidays-_ _—. " Equipment&materials will include equipment used by an inspector the field in the performance of normal inspection duties. Documents To Be Furnished By The Consultant Concrete compressive strength results Compaction results fbf soils-arid asp'alt-" --'---- __Daily,inspection reports Geotechnical engineering recommendations Miso-reper-te as-requested-by•local-agonGios ----- _. -------- Invoices for services, including daily time sheets 1_UT i c:m 140.rr9 EF EzL r t A. rci:•.s�::i<:ca 34 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency.The format and standards to be provided may include,but are not limited to,the following: I. Surveying,Roadway Design&Plans Preparation Section A. Survey Data B. Roadway Design Files C.Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided 11. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6106 35 Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in Exhibit"E"and"F"attached hereto and by this reference made part of this AGREEMENT.The rates listed shall be applicable for the first twelve(12)month period and shall be subject to negotiation for the following twelve(12)month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve(12)month periods within ninety(90)days after completion of the previous period,the rates listed in this AGREEMENT,or subsequent written authorization(s)from the AGENCY shall be utilized.The rates are inclusive of direct salaries,payroll additives,overhead, and fee.The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non-Sal Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to,the following items: travel, printing, long distance telephone,supplies,computer charges and sub-consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,tram,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46"Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work." DOT Farm 140-089 EF Exhibit D-3 Revised 6/08 36 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the j CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT.S.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above.The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit"E",including names and classifications of all employees,and billings for all direct non-salary expenses.To provide a means of verifying the billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans, maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment.Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States,for a period of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. 37 Exhibit E-2 Consultant Fear Determination -Summary Shoot (Specific Rates of Pay) Fee Schedule HourlyOverhead Profit Rate Discipline or Job'Gills Rate � °fo � a� Per Hour Consiructiori Management Inspector $20.00 _ - 60.0% 6.7% 60.00 -Asphalt Inspection&Monitoring - w/Densometer $20.00 60.0% 6.7% 60.00 Concrete Inspection&Monitoring ---'- $20�p -- --6.7% 60;pp----- -Soils Inspection&Monitoring -w/Densometer $20.00 _ -60.QYo 6.7% 60.00 y Nlileage per round trip $0.55 16.0% 5.0% 0.70 Administrative services $16.00 57.0% 3.0% 40.00 r Professional Engineering Services '- -- g5.0% - 0 --- -O T/Holiday hours -- ----�---- Asphalt;Ignition&Gradation $75.00 45.0% •5.0% 150.00 Asphalt Rice Specific Gravity $4250 45.0% 5.0% 85.00 -Concrete,Cylinders $10.00 45.0% 5.0% 20.00 -Soil,Fracture Count M~-- V7M -z 15. 'ro - --5.0% -75.00--- Soil,Proctor(Standard or Modified) --. $75. --- gryO_ . 1 5.-0% ,s&00 -_ _Soil,Sand Egiuvalent Test $3z --45.0%.- 5.0% 75.00 Soil,Sieve Analysis with#200 wash $62.50 45.0% 5.0% 125.00 Soil,Unit weight $15.00 45.0% 5.0% 30.00 DOT Rory a 1 4D.089 VF EAM E 38 Exhibit F Breakdown of Overhead Cost Account Title $Beginning Total %of Direct Labor Direct Labor _^ � 12500.0 100.00% Overhead Expenses: FICA _ 3000.00 24.00% Unemployment 100.00 0.80% _Health/Accident Insurance ^_^� 350.00 2.8 0% Medical Aid&industrial insurance 1843.96 14.75% Holiday/Vacation/Sick Leave 13 3.3 3 1.07% Commission/Bonus/Pension 200.00 1.60% Total Fringe l3enofits 5627.29 45.02% General Overhead: State B&O Taxes 642.96 5.14% Insurance ^ 1682.21 13.46% Administration&Time Not Assignable 1500.00 12.00% Printing,Stationery&Supplies 100.00 0.80% Professional Services 50.00 0.40% ......... Travel NotAssignabte 100.00 0.80% ~ Telephone&Telegraph NotAssignabie � 800.00 6.40% Fees, Dues&Professional Meetings 50.00 0.40% Utilities&Maintenance 350.00 2.8 0% Professional Development _ 150.00 1.20% Rent � � _ 0.00_ 0.00% Equipment Support _ 200.00 1 .60% Office,Miscellaneous&Postage µ 200.00 1 .60% Total General Overhead 5825. 17 46.60% Total Overhead(General*Fringe) 11452.46 _ 91.62% Overhead Rite(Total Overhead/Direct labor) �^ 0.916197 DOT Form 140-069 EF Exhibit F ReWW4 W05 39 Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during the AGREEMENT,shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment,each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may determine to be appropriate, including,but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies,and/or; • Cancellation,termination,or suspension of the AGREEMENT,in whole or in part DOT Form t 40-089 EF Exhibit H Revised 6/05 40 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through (5)in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. i 41 Exhibit i Payment Upon Termination of Agreement By the Agency tither Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Pius Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-069 EF Exhibit Revised 6/05 42 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition,it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1—Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures.(Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project,to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include:all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3 —Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case,then the Director of Public Works or Agency Engineer, or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide H&LP,through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 43 Local Programs Engineer,a summary of the settlement for review and to make adjustments, if any,as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs,should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA.H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue. If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. 44 , Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000.If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps.It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total$1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 --Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; P • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6105 45 If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Step 3 --Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the P g g g Y �' consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and L • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim(s)and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 46 , Exhibit M-1(a) Certification Of Consultant Project No. LA-6075 Local Agency I hereby certify that I am and duly authorized representative of the firm of Jason Engineering&Consulting Business, Inc. whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage,contingent fee, or other ' consideration, any firm or person(other than a bona Ede employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in ' connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140.089 EF Exhibit M•i(a) Revised 6/05 47 Exhibit M-I(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent , Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain,or agree to employ to retain,any firm or person; or ' (b) Pay,or agree to pay,to any firm,person,or organization,any fee,contribution, donation,or consideration of any kind;except as hereby expressly stated(if any): ' I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S. Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature Suzette Cooke , Mayor 1 DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 48 Exhibit M-2 , Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: ' A. Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; ' B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records,making false ' statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph(I) (B). of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Consultant(Firm): Jason Engineering&Consulting Business,Inc. , (Date) (Signature)President or Authorized Official of Consultant ' 1 DOT Form 140-089 EF Exhibit M-2 Revised 6/05 49 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract, grant,loan, or cooperative agreement. ' 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," to accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 3I,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Jason Engineering&Consulting Business, Inc. ' (Date) (Signature)President or Authorized Official of Consultant DOT Form t 40-089 EF Exhibit M-3 Revised 8l05 5o r Consultant/Addressffelephone Supplemental Signature Jason Engineering& Consulting Business, Inc. Rage for PO Box 181 Standard Consultant Auburn., Washington 98071 1 Agreement Contact: Jason Bell Agreement Number Project Title And Work Description 1 LA-6075 84th Ave. S. Improvements(East Valley Federal Aid Number Highway) , ARRA-STPUL-1073 (004) Local Agency Provide testing and inspection services for the City of Kent project. 1 THIS AGREEMENT, made and entered into this day of ' between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY By By 1 Suzette Cooke , Mayor Consultant Jason Engineering&Consulting Business,Inc. Agency City of Kent By By Consultant Agency ' By 1 Agency By Agency ' DOT Form 140-089 EF Appendix 31.910 Revised 6105 Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6F 1. SUB3ECT: LA FITNESS AKA HOLMES ELECTRIC BILL OF SALE -ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for LA Fitness, aka Holmes Electric, conveying 2 gate valves and 1 hydrant. 3. EXHIBITS: Bill of Sale ' 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A ' Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds jDISCUSSION: ACTION: CITY OF KENT SEP 17 2008 ENGINEERING DEPT 3g I KENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: Heather Thomas 220 4TH AVENUE SOUTH KENT,WASHINGTON 98032 ' PROJECT: Holmes Electric LOCATION: 600 Washington Ave.S. TAX ACCT NO: 242204-9004 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 17th day of September 2008 ,by and between HOLRIC,LLC , hereinafter called"Grantors",and City of Kent,a municipal corporation of King County, State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATE MAINS: together with a total of 2 gate valves at$900 each, 1 hydrants at$2,000 each and/or any other appurtenances thereto. ' ON FROM TO Hawley Road 15+90 16+00 Including — -- linear feet at$— per LF of - (size&type) waterline. B. SANITARY SEWERS: Together with a total of manholes at ' $ each and/or any other appurtenances thereto. 1 of 3 Bill of Sale 13190-U-Water Bill of Sale Holmes Electric doc ON FROM TO ' (street,esmt,etc) Including linear feet at$ per LF of M (size&type) sewer line. C. STREET : Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO , (street,esmt,etc) Including centerline LF at$ per LF of (type)streets, Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at$ ' each or a total of catch basins at$ each, LF of biofiltration swale or drainage ditch with a total cost of$ CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO ' (street,esmt, etc) Including linear feet at$ per LF of (size& type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them ' as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on ' this f_7 day of �il�l�Ir�I� �IGeQ�'G G.GC 2 of 3 Bill of Sale 13190-U-Water Bill of Sale Holmes Electric doc STATE OF WASHINGTON ) ) SS COUNTY OF KING On this t-1 day of e Y,20 0`� ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared ftA\02( yj Ri&yr&-' to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to ' me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of �jv,6, W 20 0,05 N4yy Public in and for the State of Washington,,residing at My Commission Expires: 0=0 e0 oOF� PS The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the ' day of , 20 3 of 3 Bill of Sale 13190-U-Water Bill of Sale Holmes Electric doc 4^4 KEN T WASH INGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for HOLRIC, LLC ' project dated 212712008 ,were based on the "As-Built" Engineering Plans dated 911712008 ,for , the same said HOLRIC. LLC project. Daniel K. Balmelli the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill , of Sale and is an employee of Barghausen Consulting Engineers, Inc. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. ' Signature ' 1 1 13190-U-Water Addendum to Bill of Sale Holmes Electric doe[2/9/06] Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6G 1. SUBJECT: LA FITNESS BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for LA Fitness, conveying 742.42 linear feet of new street, 1 storm sewer manhole, 8 catch basins, and 513 linear feet of biofiltration Swale. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 40 • dve� y/ KEN T WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: Heather Thomas 220 4M AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: LA Fitness LOCATION: 520 Washineton Ave, TAX ACCT NO: 543620-0846 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 2009 ,by and between BCC RPI Kent,LLC , hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant, bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of N/A gate valves at$ N/A each, NIA hydrants at$ N/A each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including N/A linear feet at$ N/A per LF of N/A (size& type) N/A waterline. B. SANITARY SEWERS: Together with a total of N/A manholes at $ N/A each and/or any other appurtenances thereto. 1 of 4 Bill of Sale 13190007 doc ON FROM TO ' (street,esmt,etc) Including N/A linear feet at$ N/A per LF of N/A (size& type) N/A sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO Hawley Road 11+85.74 19+28.16 Including 742.42 centerline LF at$400 per LF of public residential (type)streets, 29 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 1 manholes at 82,500 ' each or a total of 8 catch basins at$ 1,200 each, 513 LF of biofiltration swale or drainage ditch with a total cost of$20A0 -- CF of detention pond storage with a total cost of$-- ,and/or any other appurtenances thereto. ON FROM TO Hawley Road 11+85.74 19+18.26 Including N/A linear feet at$ N/A per LF of N/A (size& type) N/A sewer line. , To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them ' as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the,undersigned has caused this instrument to be executed on this. 11A., day of i-P ►� ,2009. a c c Ll-c- 1-11-/-7 r - 2 of 4 Bill of Sale 13190 007.doc STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of V' ,2009 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared L-AYV4 IL. �j�hpvoyq to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this U4U day of Ar► -2001 J"�vA �VaA4(AU444^-4L, 40 otary Public in and for the �q��fi,' h��i State of Washington,residing at O �TA# Q W10Y1� My Commission Expires: s� i JVaL�G s� ki�h'OF Wd1SN��,�t.+a 'r ItdtJ ��✓a �oc►., �►sw�r►G+P The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 3 of 4 Bill of Sale 13190 007 doc \N KEN T W A S H I N G T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for LA Fitness project dated 411812008 ,were based on the "As-Built" Engineering Plans dated 41212009 ,for the same said LA Fitness project. Ali Sadr the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill , of Sale and is an employee of Barghausen Engineers , the firm responsible for the preparation of the"As-Built" Engineering Drawings. Signature ' 13190.008.doc[2/9/06] Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6H 1. SUBJECT: VAN SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Van Short Plat conveying 213 linear feet of frontage improvements, 3 catch basins, and 85 linear feet of storm sewer line. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: MAIL TO: CITY OF-KENT ENGINEERING DEPARTMENT ATTN: NT - 220—4T'AVENUE SOUTH WAS H IN a T O N KENT, WASHINGTONN//9803112 rr Project: Permit#: Location: I Z 3 3 aC e,� Parcel #: L 6 BILL OF,SALE CITY OF KENT KING COUNTY;WASHINGTON THIS INSTRUMENT made this 27*4% day of 0.f G 20 O , by and between 5 -,V\ CLr) �111/ ' hereinafter "Grantors",and City of Kent, municipal corporation of King County, State of Washington, he einafterc 'Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant,'bargain, sell-to Grantee the foil described improvements: A_ WATERMAINS: Together with a total of gate valves at - $ each, - hydrants at $ each and/or any other appurtenances thereto. UN FROM TO (street,easement, etc.) Including linear feet at$ per LF of (size&type)—waterline. S. SANITARY SEWERS: Together with a total,of manholes at $ each and/or an other a- Y ppurtena thereto. ON FROM(street, easement, etc.) TO Including linear feet at$ per_L_F of (size&type) sewerline. Bill of Sale 1 of C C. NEW StREETS• Together- with curbs, gutters,sldewalks, and/or any other appurtenances S ON — T (street,easement,etc.) Including linear feet at = per LF of (size&type) (Improvement)_ Q. FRONTAGE-ItPROVEMENT$. Together with lights, trees, landscaping (except residential streets) and/or any other-appurtenances ON FROM (street, easement, etc.) lzq*,► Ave_ SE _ 2391k Prate SE 213'AI M,4 23$'O'PI SE Including 2-13 linear feet at 37 per LF of �,rov► g � / (size&type) (improvement). _TvAv `-,tQ Pav�u�ew; c 4++a oo�K �me5 E. Siff RM aEWERS a Together with a total of manholes at each or total of catch basins at_$ /650 each, LF of biofiltration Swale or drainage ditch with a total cost of$ ci 50 , cubic feet of detention pond storage with a total cost of$ - .and/or any.,other appurtenances thereto. ON FR�iM, (street a sement etc.) 12 y t"f SLR Z38 f``_Aace 213'Parr Including :957 linear feet at$ 30 per LF of (size:&type) /2" PVC Sfacm ,sewerlinea To have and to hold the same to-the said Grantee,its successors and assigns forever. The undersigned hereby,covenants that It is the lawful owner of said property; and that the same is free from all encumbrances; that all.bills for labor and materials have-been paid; that-A has the right to sell the same af©resai>:l-_that it will warrant and defend the same against the lawful claims and-demand of all person(s). The Bill-of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns'_to'Incorporate:said utilities In its_utility-system and-to maintain them as provided In the applicable Clty' Ordinances. The' City-accepts- tffe items subject to staff approval and completion of a 2 year maintenance-1perlod. Bill-of Sale IN WITNESS WHEREo>`, the undersigned has caused this instrument to be executed on this 2-7 f day of Nl o.r J" , 20 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this Z7 day of /�(ar , 20 a o ��V 3 z() STATE OF WASHINGTON SS COUNTY OF KING ) On this - day of , 20 D 9 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared c�.�r► � "' "� >'�ut'�Lt to me known to be the individual described in and who executed the -foregoing instrument, and acknowledged to me that he/she signed and -sealed this instrument as his/her free and voluntary act and deed for the-uses and purposes therein,mentioned. GIVEN under my hand and official seal this 3 day of .20 L2 •eeeoee®o+ PATRICIA A. WHITMARSH 14 14 °' •• Co•.•y mom Not$ry PutfTic in°4ind=fQf- the- State-of a~� HD �!�•.• s Washington,resii(hil;at 0;C'0 � rc+. c .r G ® 7 x• a m�t3' •�>1 5 mod` My commission Expires: s®®aGTON oeeeeee Bill of Sale STATE-OF QF WASIiINGTQN � ) SS COUNTY UE KING ) On this day of , 20 , before me, the undersigned A Notary Public in and for the State of Washington, duty commissioned and sworn,-personally appeared and to me to be the - and respectively -of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath Stated that they are authorized to execute the said instrument. Witness my hard and offlcial seal hereto affix the day andyear first above written. Notary public in; and for- the State of Washington,resfding at My Commission Expires, The-Bill of Sale is given and, accepted pursuant to a motion duly made, seconded, and passed by the,City Council, of the City of Kent, King County, Washington, on the day. of ,220 Bill of,5ale A ;4C' -g used, on the_ - 1 -i he-fi urns BiFI of Sate for, _�/ or 0/ct7 - - dated /�a.�cln _2�_ 4 q- - - _ _ for the Barrie "said, \ Zvi project. v1 - the undersigned- P.E: or land surveyor is the person_res�grls�bi =f'r_�e-Pr ara - of the Bifi of Sale and is an-employee--of -- the firm responsible for the preparation of the-record draysiings-_ Sig -(Engineer- -- - -- - --- - - _ r stamp=re-quired� KRU S. f c _. 36049 `SS��NAL 8111 of Sate Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6I 1. SUBJECT: SHUVER ESTATES BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Schuver Estates conveying 4 gate valves, 2 hydrants, and 366 linear feet of waterline; 5 sanitary sewer manholes and 530 linear feet of sewer line; 360 linear feet of new street; 257 linear feet of frontage improvement; and 2 storm sewer manholes, 11 catch basins, and 896 linear feet of storm sewer line. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: MAIL TO: CITY OF KENT ENGINEERIINNG DEPARTMENT ATTN: c 1 / LEI c--4-��1✓' T220 - 4T" AVENUE SOUTH W A S H I N G T O N KENT, WASHINGTON 98032 Project: Schuver Estates Permit *: RFCC 206S60R Location: 23606 - 116th Ave SE Parcel #:1622059046 & 1622059022 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this e day of 20 D , by and between Darnell, LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS• Together with a total of 4 gate valves at$ 925.00 each, 2 hydrants at ON FROM TO (street, easement, etc.) SE 136th Street 116th Ave SE 117th Ave SE Including 366 linear feet at $32.00 per LF of 8" (size &type) DI waterline. B, SANITARY SEWERS: Together with a total of 5 manholes at $ 3200.00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) SE 236th Street 116th Ave SE 117th Ave SE Including 530 linear feet at $ 27.00 per LF of 8" (size &type) PVC sewerline. Bill of Sale 1 of 5 i C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) SE 236th Street 116th Ave SE 117th Ave SE Including 360 linear feet at $ 184.26 per LF of Curb, -gutter, sidewalk and Pavement (size &type) Concrete and ACP (improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) 116th Ave SE SE 237th St SE 235t' St Including 257 linear feet at $ 191.00 per LF of Curb, gutter, sidewalk, pavement widening, street t lights and street trees (size &type) various per approved plans (improvement). E. STORM SEWERS: Together with a total of 2 manholes at $ 2850.00 each or total of 11 catch basins at $ 895.00 each, 0 LF of biofiltration swale or drainage ditch with a total cost of$ , 49,140 cubic feet of detention pond storage with a total cost of $ 39,040 , and/or any other appurtenances thereto. ON FROM (street, easement, etc.) SE 236th St&Tract 997 116th Ave SE 117th Ave SE Including 896 linear feet at $ 30.50 per LF of 12" (size &type) PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2 of 5 person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this /0 day of .0eaern k7z r , 20 ' 2 41AOld 11 L L G 40L- ZX V,r r')41VJ4If IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this t1 Q day of &CM 1�C 20 _ before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared LQ,,,-Ylii Da rrAell to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under m r��. 11 b I seal this�_day of 1,1�L P�6'11 ` 20� . ��► �. �y Itz o .. G Bill of S." '��,� pUe��,�0�� 3 of 3 ++iswu% g�►��� j Je��vl L ( I vie r� ��111ji 1OF Notary Public in and for the State of My Commission Expires: STATE OF WASHINGTON j SS COUNTY OF KING ) On this day of , 20 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of My Commission Expires: The Bil i he City Council or the city or Kem, King county, wasnin day of 20 The figures used on the Bill of Sale for Schuver Estates project dated 12/11/08 , for the same said Schuver Estates project. Bill of Sale 4 of 4 l 1 • K.EN T WASH INtiTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Schuver Estates project dated 12/11/08 , for the same said Schuver Estates project. Rob Stevens the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Core Design, Inc. , the firm responsible for the preparation of the "As-Built" Engineer. o� wA ' t F Signature Ei (Engineer stamp required) rPo Q3251�4 44 + N '� �2� ICI D� Bill of Sale 5 of 5 1 Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 63 1. SUBJECT: HALEY'S RIDGE BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Haley's Ridge conveying 9 gate valves, 2 hydrants, and 1140 linear feet of waterline; 9 sanitary sewer manholes, and 1025 linear feet of sanitary sewer line; 651 linear feet of new street; 4 storm sewer manholes, 8 catch basins, and 772 linear feet of storm sewer line. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember second DISCUSSION: ACTION: Bill of Sale Page 1 of 3 �KENTa- WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: HEATHER THOMAS 220 4To AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: HALEY'S RIDGE LOCATION: 27307108th AVE SE TAX ACCT NO: 3222059147 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 30th day of June 20 08 ,by and between Haley's Ridge,LLC ,hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington, hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargains sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 9 gate valves at$ 600.00 each, 2 hydrants at$ 2,900.00 each and/or any other appurtenances thereto. ON FROM TO 108'h Avenue SE South Project Boundary SE 273'd Street SE 273d Street 108d'Avenue SE 107'h Place SE 107'h Place SE SE 274"Court SE 273'd Street SE 274'h Court 107"Avenue SE SE 270 Court West Terminus Tract C SE 270 Court North Property Boundary Including 1140 linear feet at$ 45.00 per LF of 8"and 12"diameter (size&type) DI waterline. B. SANITARY SEWERS: Together with a total of 9 manholes at $ 2,900.00 each and/or any other appurtenances thereto. ON FROM TO 108'h Avenue SE South Project Boundary SE 273'd Street SE 273'd Street 108`h Avenue SE 107t4 Place SE 107'h Place SE SE 27e Court SE 273'd Street SE 274`h Court 107'h Avenue SE SE 274'h Court West Terminus Tract D SE 274`h Court West Property Boundary West Property Easement Tract D North Property Boundary Including 1,025 linear feet at$ 40.00 per LF of 8"diameter (size&type) PVC sewer line. Page 1 of 3 Bill of Sale Bill of Sale Page 2of3 C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO SE 273d Street 108"'Avenue SE 107'h Place SE 107'h Place SE SE 274`h Court SE 273d Street SE 274`h Court 107`h Avenue SE SE 274 h Court West Terminus Including 651 centerline LF at$ 261.00 per LF of residential (type)streets, 28 Feet asphalt roadway. D. STORM SEMTM Together with a total of 4 manholes at$3.500.00 each or a total of 8 catch basins at$ 850.00 each, 0 LF of biofiltration Swale or drainage ditch with a total cost of$ 0 28,236 CF of detention pond storage with a total cost of$ 55,000.00 and/or any other appurtenances thereto. ON FROM TO 108'h Avenue SE SE 273'd Street North Project Terminus SE 273'd Street 108`h Avenue SE 107`h Place SE 107`h Place SE SE 274`h Court SE 273'd Street SE 274'h Court 107'h Avenue SE SE 274'h Court West Terminus Tract C SE 274'h Court Tract C North Terminus Including 772 linear feet at$ 28.00 per LF of 12"and 18"Diameter (size&type) PVC sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN Wl NESS WIIEREOF t un ersigned has caused this instrument to be executed on this ��_day of �1 \1 ,ZO 0 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On thisQJ day of�l� 20�,before me,the undersigned A Notary Public in an or he Sta a of Washington,duly commissioned and sworn,Personally appeared P G to me known to be the individual described in and wh executed th foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. Page 2 of 3 Bill of Sale Bill of Sale Page 3 of 3 i fl GIVEN under my hand and official seal this CXfT day of I/I / 20 d� �.9EN!N ifi, s v;p1FxPiR ,�� Z� .009 '',,yO Public in and for the ,•' ` � State of Washington,residing at So 103 Poo s tN1 �yN My Commission Expires STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 920 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at M Commission Expires: Y P The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 520 Page 3 of 3 Bill of Sale KENO' WASHINGTON ADDENDUM TO BILL OF SALE i CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Haley's Ridge project dated June 30,2008 ,were based on the "As-Built"Engineering Plans dated June 19, 2008 , for the same said Haley's Ridge project. Brianne Gastfield,P.E. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of ESM Consulting Engineers , the firm responsible for the preparation of the"As-Built" Engineering Drawings. Signature Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6K 1. SUBJECT: GREWAL TWO BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Grewal Two Short Plat, conveying 3 sanitary sewer manholes, 295 linear feet of sanitary sewer line; 315 linear feet of new street; 1 storm sewer manhole, 5 catch basins, and 490 linear feet of storm sewer line. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Counalmember moves, Counalmember seconds DISCUSSION: ACTION: KENT W A S H I N O T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4T"AVENUE SOUTH KENT,WASHHINGTON 98032 PROJECT: G a _m_ Z sl-- o Ra. r LOCATION: ((0077 SEL 234- S5; TAX ACCT NO: I(AT ID 4-L BILL OF SALE �jvpy ova I `� CITY OF KENT �� KING COUNTY,WASHINGTON THIS INSTRUMENT made this 2.3rA day of FazEuPAJ 20 09 ,by and between E4Nr4!4, GRKLjJAK_ hereinafter called "Grantors",and City of Kent, a municipal corporation of King County, State of Washington,hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant, bargain,sell to Grantee the following described improvements: A. WATER.MAINS: together with a total of gate valves at S each, hydrants at S each and/or any other appurtenances thereto. gu so&S. CA21p K) ON FROM ��ll TO (street, esmt,etc) Including linear feet at S per LF of (size & type) waterline. B. SANITARY SEWERS: Together with a total of ,3 manholes at S ?_600 each and/or any other appurtenances thereto. I of 4 Bill of Sale ON FROM TO (street,esmt,etc) FSM r S�- 23O S' ( J CJA NVE ® Including 2R'S linear feet at$ ✓��•Q® per LF of (size&type) P�[ `(—% sewer line. C. STREETS: Together with curbs, gutters,sidewalks, and/ or any other appurtenances thereto. ON FROM TO (street, esV tt,etc) se- �� -L► ?eo �u� �0 SE 2�k�` ll9 ►4u� s� ! �e a-� ll`1 Including 1 S centerline LF at$ 65 per LF of des lae-v�ja1 kcJ-'' Z . (type) streets, ?A` Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at$ each or a total of 5 catch basins at$ 9700 each, 0 LF of biotiltration Swale or drainage ditch with a total cost of S , 0 CF of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. ON FROM TO � (street,esmt,etc) (I VE :SE � Z3�- �• 3Z' ` �v T SM 29 -: l tR Prim.. Z-F- LSD( U-)e Z Including ��_linear feet at$ 2:5 per LF of_�all (size & type) PRIG sewer line. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this day of ,20 2 of 4 Bill of Sale STATE OF WASHINGTON ) COUNTY OF KING On this L�J� day of t—J ,20 0 before me,the undersigned A Notary Public in and for the Sta a of Washington_, duly commissioned and sworn,Personally appeared y�� �Y e.�a tl= to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 0day of 20 4� Notary Public in and for the State of Washington, residing at 111/11111111 Alf @ . '•,yq 'i z4.0� NOTq �m%`n� My Commission Expires:,L�g�O� A>R i Aus,, y{ i N • s• "' • • ` sis'O 111WQ```\ , The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and g P P Y passed by the City Council of the City of Kent, King County, Washington,on the day of , 20 3 of Bill of Sale ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for CRF,; L J P L_ project dated were based on the "As-Built"Engineering Plans dated ?./zc>(07 , for �- —project. L-�HOMT F the same said �,EWA-1,-, �, p � 3-P< es- the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an em to ee of � ��G 1=� l�� t e r p y �� l � h fim responsible for the preparation of the "As-Built" Engineering Drawings. Qamvlo 4 - q_w� I Sig ature V 7 ®Q 4 of 4 Bill of Sale Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6L 1. SUBJECT: 2009-2010 FLEXPASS PROGRAM AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the FlexPass Program Agreement for 2009-2010 in the amount of $37,950. This agreement is made between the City, King County, Sound Transit, and Pierce Transit in order to provide a comprehensive transportation pass available to 330 regular benefited employees. The total cost of this agreement is $ 37,950. 3. EXHIBITS: FlexPass Program Agreement for 2009-2010 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY, SOUND TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION AND CITY OF KENT This Agreement(hereinafter,"Agreement")is made and entered into by and between King County(hereinafter individually, "KING COUNTY"), Sound Transit(hereinafter"SOUND TRANSIT"),Pierce County Public Transportation Benefit Area Corporation(hereinafter PIERCE TRANSIT"),or collectively referred to hereinafter as "TRANSPORTATION PARTIES",and City of Kent(hereinafter,"CITY"). RECITALS A. CITY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation pass program that will reduce single occupant vehicle(SOV)commute trips and improve the mobility of CITY employees. B KING COUNTY,SOUND TRANSIT and PIERCE TRANSIT are authorized to provide public transportation and generally promote alternatives to SOV commuting in King County,Pierce County and Snohomish County. C. CITY has a desire to provide incentives and benefits to its employees, which promote non-SOV commuting to its workstte. D. TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a variety of services and benefits,which enable CITY employees to commute,by non-SOV modes. AGREEMENT NOW,THEREFORE, in consideration of the terms,conditions and covenants herein contained,the sufficiency of which is hereby acknowledged, the parties hereto agree to the following. 1 PURPOSE 1.1 Purpose This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and CITY for sale and distribution of F1exPasses to CITY's Eligible Employees at the rate set forth herein. 2 DEFINITIONS 2.1 Eligible Employees Eligible Employees shall mean only those employees of the CITY who meet the following criteria: All benefit eligible City employees. 2.2 FlexPass Card A FlexPass Card is a pass of predetermined duration, usually twelve(12)months,that allows each Eligible Employee,as defined in Paragraph 2.1, to choose from a variety of non-SOV commute options provided by CITY or TRANSPORTATION PARTIES. Each FlexPass Card shall bear the inscriptions"FlexPass",each TRANSPORTATION PARTIES' logo or an agreed to regional logo,and beginning and expiration dates in a design and color scheme mutually agreed upon by TRANSPORTATION PARTIES. FlexPass Cards shall also bear a fare amount on the face of the card,the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior to the start of this Agreement. FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their designated contractor. CITY shall pay the amount specified in Attachment A for production of FlexPass Cards, FlexPass Card's are non-refundable by TRANSPORTATION PARTIES, except as set forth in Paragraph 8.2. Eligible Employees may be asked to present a valid CITY identification card when using a FlexPass. 2.3 Trip Revenue In the event of a generally applicable fare increase adopted by KING COUNTY,SOUND TRANSIT or PIERCE TRANSIT, the amounts shown in Attachment A may be increased at such time as a generally applicable fare increase is implemented by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT,and CITY shall be required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY. 3. EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES 3.1 Eligible Employee Contributions CITY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount specified in Attachment A. CITY shall not require Eligible Employees to contribute more than fifty percent(50%)of the cost of an individual FlexPass Card,as set forth in Attachment A. FlexPass Agreement Page 1 of 10 City of Kent July I,1001-June 30,NI 4. CITY RESPONSIBILITIES 41 Eligible Recipients Of A FlexPass Card CITY shall ensure that only Eligible Employees,as defined in Paragraph 2.1,receive FlexPass cards. 4.2 Ordering FlexPass Cards CITY shalt provide to TRANSPORTATION PARTIES' representative,as listed in Section 16,the number of FlexPass Cards that CITY shall provide to Eligible Employees. The number of FlexPass Cards shall be listed in Attachment A. CITY shall allow TRANSPORTATION PARTIES at least four(4)weeks in advance of the cards' effective date to fulfill the request for FlexPass Cards. CITY understands that failure to provide the number of FlexPass Cards desired at least four(4)weeks in advance,may incur additional and extraordinary costs. Such costs may be related to,but are not limited to,overtime staffing,additional manufacturing charges and express delivery charges. These additional and extraordinary charges shall be borne solely by CITY. 4.3 Ordering Additional FlexPass Cards CITY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees,over and above the number specified in Attachment A,during the term of this Agreement. CITY shall allow TRANSPORTATION PARTIES at least four(4)weeks to fulfill the request for additional FlexPass Cards. Requests shall be made to the TRANSPORTATION PARTIES' representative,as listed in Section 16. The cost for a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment A,times the number of months remaining in the Agreement. 4.4 Receipt And Security Of FlexPass Cards CITY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole financial responsibility of CITY upon receipt and signature by an employee,official or agent of CITY. CITY agrees that it is solely responsible for providing proper storage and security measures for any and all FlexPass Cards received by CITY while in the custody of CITY. CITY shall be held liable for the equivalent value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card that CITY cannot account for, either by distribution to an Eligible Employee,storage in a secure area,for each FlexPass Card not collected from an Eligible Employee who terminates their employment with CITY or otherwise becomes ineligible to receive and use a FlexPass Card under the terms of this Agreement,or for each FlexPass Card CITY cannot return to TRANSPORTATION PARTIES upon termination of this Agreement, as specified in Section 8. 4.5 Reporting CITY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are lost, stolen,damaged or otherwise not functioning properly in TRANSPORTATION PARTIES' transit coaches' electronic registering fareboxes. CITY shall return any and all FlexPass Cards to TRANSPORTATION PARTIES that CITY believes to be defective. CITY shall report to TRANSPORTATION PARTIES all FlexPass usage, changes to CITY's transportation program or other details as necessary. 4.6 Roster Of FlexPass Card Recipients CITY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by CITY. Upon demand,CITY shall provide each TRANSPORTATION PARTY a copy of the roster. 4.7 FlexPass Employee Use Agreement Form Each Eligible Employee who receives a FlexPass Card from CITY shall be required to read, sign and return to their employee transportation coordinator or department supervisor,an agreement form stipulating the uses and conditions of a FlexPass Card. The Employee Use Agreement Form,as set forth in Attachment B, is deemed mutually acceptable to both CITY and TRANSPORTATION PARTIES. Use Agreement Forms shall be kept on file by CITY for the term of this Agreement. 4.8 Collection of FlexPass Cards CITY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to CITY within five(5)days of the effective date of termination of this Agreement. CITY shall be held liable for the equivalent retail value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement. FlexPass Agreement Page 2 of 10 City of Kent July 1,2009-June 30,2010 4.9 Collection of Transit Ridership Data CITY shall survey,or otherwise collect from CITY's Eligible Employees,any and all necessary daily transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly estimate Trip Revenue and the number of bus trips taken by Eligible Employees. TRANSPORTATION PARTIES shall provide to CITY a mutually agreed upon survey instrument or other suitable means in which to collect the most current and accurate ridership and commute data possible. 4.10 FlexPass Program Evaluation CITY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program,should such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES. Evaluation may be through such means as employee surveys, employee focus groups,and management interviews. TRANSPORTATION PARTIES shall provide CITY at least thirty(30)days advance notice prior to beginning such an evaluation. 4.11 Home Free Guarantee CITY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. 4.12 Vanpool Services The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A. If actual vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A, the Eligible Employee shall pay the difference directly to the vanpool bookkeeper. 5. TRANSPORTATION PARTIES RESPONSIBILITIES 5.1 Transit Access TRANSPORTATION PARTIES shall allow each CITY Eligible Employee displaying a valid FlexPass Card to ride on all parts of its regular route transportation system for full fare. FlexPass Cards are not valid on any Husky, Safeco Field,or other special event service. TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the expiration date on the Card or until this agreement is otherwise terminated. 5.2 FlexPass Card Administration TRANSPORTATION PARTIES' Designated Representative shall manage production,ordering,replacement and delivery of FlexPass Cards to CITY,and other administrative tasks related to the FlexPass Card under this Agreement,other than those responsibilities stated as CITY responsibilities in Section 4. 5.3 Replacement FlexPass Cards TRANSPORTATION PARTIES shall replace,at no additional cost to CITY,any FlexPass Cards deemed to be defective or otherwise unusable or inoperative. CITY may be issued temporary passes until TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards. TRANSPORTATION PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of$50 per replacement card. 5.4 Confiscation of FlexPass Cards In addition to any other rights under law,TRANSPORTATION PARTIES reserve the right to cancel and confiscate a FlexPass Card which is used out of date,altered,duplicated,counterfeited,transferred or distributed to unauthorized persons or otherwise invalid under the terms of this Agreement. 5.5 Collection Of Transit Ridership Data TRANSPORTATION PARTIES shall provide to CITY,at no additional cost to CITY,a mutually agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate transit ridership and commute data of CITY's Eligible Employees. In addition,TRANSPORTATION PARTIES shall pay for all costs incurred in processing this survey instrument,but not costs incurred by CITY in distributing to and collecting from Eligible Employees,this survey instrument. TRANSPORTATION PARTIES shall make available to CITY,all data collected from CITY's Eligible Employees. 5.6 Home Free Guarantee KING COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. FlexPass Agreement Page 3 of 10 City of Kent July 1,1001-Junc 30,1010 5.7 VanP ool Services KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant subject to the availability of vanpool vehicles and minimum ridership requirements. The FlexPass Card will be honored as full or partial payment of vanpool fares,up to the amount specified in Attachment A. 6. PAYMENTS AND BILLING 6.1 Payment For This Agreement CITY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for participation in TRANSPORTATION PARTIES' FlexPass program. KING COUNTY and PIERCE TRANSIT shall present an invoice for amounts due to CITY's representative listed in Section 16. Payment shall be made in full by CITY according to the terms listed on the invoice, unless a payment schedule is mutually agreed upon by both parties and incorporated into this Agreement,in Attachment A. KING COUNTY shall invoice CITY for the amount(s)due for SOUND TRANSIT for additional FlexPass Cards purchased by CITY. 6.2 Late Payment Penalty If any scheduled payments are not made by their due date,then the entire amount due under this Agreement may become immediately due and payable. Any late payment shall be subject to a penalty accruing at the maximum rate allowable by state law for each month that the payment remains due. If any check made payable to any of the TRANSPORTATION PARTIES by CITY is returned to a TRANSPORTATION PARTY for insufficient funds (NSF)in CITY's checking account,then CITY shall be assessed a$25 (twenty-five)penalty by the TRANSPORTATION PARTY receiving the NSF check. 7. TERM OF AGREEMENT 7.1 Term This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph, unless terminated in accordance with the terms set forth in Section 8. This Agreement shall take effect at 12:00 a.m.on July 1,2009 and shall expire at 11:59 p.m. on June 30,2010. 8. TERMINATION 8.1 Termination For Cause Any party may terminate this Agreement in the event the other fails to perform its obligations as described in this Agreement by providing written notice not less than fourteen(14)days prior to the effective date of termination. 8.2 Termination For Convenience Any party may also terminate this Agreement for convenience and without cause by providing the other party with written notice not less than sixty(60)days in advance. If CITY has made payments in advance,CITY shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned to TRANSPORTATION PARTIES. Such reimbursement shall be at the monthly rate set forth in Attachment A for the full months remaining in the term of the Agreement. If CITY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the provisions of this Agreement,either prior to termination or as a result of termination,CITY agrees to pay any outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice CITY for the amount due according to the procedures outlined in Section 6. 9. RECORDS 9.1 Rights Of Review Both CITY and TRANSPORTATION PARTIES shall retain the right to review records and documents related to this Agreement. If a records review is commenced more than sixty(60)days after the termination of the contract, the TRANSPORTATION PARTY requesting the review shall give ten(10)days notice to CITY of the date on which the records review will begin. 10. SUCCESSORS AND ASSIGNS 10.1 Written Approval This Agreement and all terms,provisions,conditions and covenants hereof shall be binding upon the parties hereto and their respective successors and assigns. All parties,however,agree that they will not assign or delegate the duties to be performed under this Agreement without prior,written approval from the other parties. FlexPass Agreement Page 4 of 10 City of Kent July 1,2009-June 30,2010 1 11. LEGAL RELATIONS I L I No Partnership And No Third Party Beneficiaries CITY and TRANSPORTATION PARTIES agree that this Agreement does not create a partnership or joint venture relationship between the parties,and does not benefit or create any rights in a third party. 11.2 Force Majeure TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under this Agreement,and shall not be liable for damages due to failure to perform,resulting directly or indirectly from causes and circumstances beyond their control,including but not limited to late delivery or nonperformance by vendors of materials or supplies,incidences of fire, flood,snow,earthquake or other acts of nature,accidents,riots, insurrection, terrorism,acts of war, order of any court or civil authority,and strikes or other labor actions. 11.3 Costs of Legal Action CITY shall be liable for any and all reasonable attorney fees,court costs and other expenses incurred by TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the return of any FlexPass Cards or amount owing under this Agreement. 12. APPLICABLE LAW,FORUM 12.1 Terms This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or imposed by state law. In the event that any litigation may be filed between the parties regarding this Agreement, CITY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides. 13. DISPUTES 13.1 Dispute Resolution Procedure All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of CITY's Benefits Manager,KING COUNTY's General Manager,Transit Division,SOUND TRANSIT's Executive Director,PIERCE TRANSIT's Chief Executive Officer or their designees. If this panel is unable to reach a mutually acceptable resolution,it shall appoint another person to serve as mediator in the effort to resolve the claim or dispute. Such mediation shall be required before an action may be filed to adjudicate the claim or dispute in a court of law. 14. ENTIRE AGREEMENT AND AMENDMENT 14.1 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof. 14.2 Amendments And Modifications This Agreement may be amended or modified only by written instrument signed by the parties hereto. 15. SAVINGS 15.1 Definition Should any provision of this Agreement be deemed invalid or inconsistent with any federal,state or local law or regulation,the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt to renegotiate such provision that is invalidated or superseded by such laws or regulations. FlexPass Agreement Page 5 of 10 City of Kent July 1,2009-June 10,1010 16. CONTACT PERSONS 16.1 Definition CITY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement,as well as ordering of all fare media and vouchers. #30748 CITY OF KENT KING COUNTY, FLEXPASS CARD ORDERS & RETURNS Contact Name Patrice Gillum Jerry Waugh Title Benefits Analyst Customer Services Coordinator Address City of Kent King County Metro Transit 220 Fourth Avenue S 201 S. Jackson Street;MS KSC-TR-0412 Kent, WA 98032-5895 Seattle, WA 98104-3856 Telephone 253-856-5292 206-684-6778 Fax 253-856-6270 206-263-4809 E-Mail illum ci.kent.wa.us jerry.waugh@kingcounty.gov SOUND TRANSIT PIERCE TRANSIT Contact Name Janine Sawyer Daphne Tackett Title Project Assistant Vanpool,Business Partnerships& ORCA Manager Address Sound Transit Pierce Transit 401 S. Jackson Street PO Box 99070 Seattle,WA 98104-2826 Lakewood, WA 98496-0070 Telephone 206-398-5108 253-581-8037 Fax 206-398-5216 253-984-8227 E-Mail 'anine.saw er soundtransit.or dtackett iercetransit.or 17. EXECUTION OF AGREEMENT 17.1 Definition This Agreement shall be executed in four(4)counterparts,each one of which shall be regarded for all purposes as one original. In Witness Whereof,the parties have executed this Agreement as of the date first written above. CITY OF KENT KING COUNTY BY BY Suzette Cooke Darwin Campbell Title: Mayor Title: Manager,Transit—Customer Services Date: Date: PIERCE TRANSIT SOUND TRANSIT BY King_County_per Agent Agreement BY Daphne Tackett Title: Vanpool,Business Partnerships& ORCA Manager Date. FlexPass Agreement Page 6 of 10 City of Kent July 1,2009-June 30,2010 FlexPass Agreement Attachment A -Agreement Costs Employer City of Kent #30748 Start Date July 1, 2009 Area FlexPass zone South King Count_ Agreement Year #9 Quantity Rate $/card Cost King County • Transit access 330 $91.71 $30,264.30 • Home Free Guarantee (Up to 8 rides/employee/agreement) • Up to $75 per month per vanpooler • Up to $35 per month for Vanshare • FlexPass card administration • Commuter Bonus Plus voucher pool 1 pool $4,950.00 Included 330 FlexPass cards x $15.00 Total—King Count 330 $91.71 $30 264.30 ?;_ Sound Transit 330 $21.87 $7,217.10 • Transit access Pierce Transit 330 $1.42 $468.60 • Local transit bus access Total — FlexPass Agreement 330 $115.00 $37,950.00 Number of FlexPass Cards issued under this Agreement = 330 4 Payment Schedule = %Z in 60 and 180 days from July 1, 2009. Eligible Employee Contribution ($ per employee) = 50% of pass cost. Monthly Rate for Service for ONE Additional FlexPass Card = $8.12 Plus $2.60 per card for Card Production and Administration (Note: Calculation for Service based on$97.40/12 months. The Monthly rate does not include Commuter Bonus Plus vouchers.) Allocation: King County = $6.18 Sound Transit = $1.82 Pierce Transit = $ .12 Card production and Administrative Cost= $2.60 FlexPass Agreement Page 7 of 10 City of Kent July I,2009-June 30,1010 FlexPass Agreement-Attachment B Sample Employee Use Agreement Form CITY OF KENT FlexPass Use Agreement As a FlexPass holder, I agree to the following: 1. The FlexPass is a benefit provided to me as an employee and is to be used only during the period I am employed by my employer. 2. 1 will use my FlexPass for my own transportation only. I will not transfer my FlexPass to any other person. 3. 1 will keep my FlexPass secure and in good condition. I will immediately report a lost, stolen or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass will be replaced only once per year at a charge of$50.00. A non-working FlexPass will be replaced free of charge. 4. I will return my FlexPass upon request or when I leave my employment with this CITY. If I do not return my FlexPass, I authorize the amount of$171.00, for each whole and partial month remaining on the FlexPass, to be withheld from my paycheck. 5. I understand that the FlexPass card is valid for the following: A. 100% of transit fares on King County Metro, Pierce Transit and Sound Transit. B. $75 per month on King County Metro vanpools only. I am responsible for the balance of the vanpool fare each month, payable to the vanpool bookkeeper, which is in excess of the $75 amount. C. Up to $35 per month on King County Metro vanshare vans only. I am responsible for the balance of the vanshare fare each month, payable to the bookkeeper, which is in excess of the $35 amount. D. King County's Home Free Guarantee program—up to 8 rides per year. I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on using the FlexPass. Employee's Signature Date Employee's Printed Name FlexPass Serial # Employee's Department or Section Transportation Coordinator Use Only - FlexPass returned: Employee's Signature Date FlexPass Serial # FlexPass Agreement Page 8 of 10 (� City of Kent July 1,2009-June 30,2010 FlexPass Agreement Attachment C - Home Free Guarantee Home Free Guarantee(hereinafter, "HFG")is a KING COUNTY program that guarantees payment for taxi fares incurred by Eligible Employees who meet the eligible criteria,as set forth below,and taken in accordance with the terms set forth below. C 1 DEFINITIONS C.1.1 Approved Commute Modes Eligible Employees must have commuted from their principal residence or Park&Ride to the CITY's worksite by one of the following modes: Bus,carpool,vanpool,walk-on or bicycle-on ferry,bicycle,or walk. C.1.2 Eligible Reasons For Using HFG The following are the only eligible reasons for using HFG: a. Eligible Employee's or family member's unexpected illness or emergency. b. Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute. Unexpected means the employee learns of the schedule change that day c. Missing the employee's normal return commute to the starting place of their commute for reasons,other than weather or acts of nature which are beyond the employee's control,and of which they had no prior knowledge. For example, the employee's carpool driver left work or worked late unexpectedly. C.1.3 Non-Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include, but are not limited to, the following: a. Pre-scheduled medical or other appointments. b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride should NEVER be used where an ambulance is appropriate,nor should an HFG ride replace CITY's legal responsibility under workers' compensation laws and regulations. c. Other situations where, in the opinion of the CITY's Program Coordinator,alternate transportation could have been arranged ahead of time. C.1.4 Eligible Destinations For An HFG Ride a. From the CITY's worksite to the Eligible Employee's principal place of residence. b. From the CITY's worksite to the Eligible Employee's personal vehicle,e.g. vehicle located at a Park& Ride lot. c. From the CITY's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound. C.1.5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible Employee and are authorized in advance of the HFG ride by the CITY's Program Coordinator(i.e.pick up a necessary prescription at a pharmacy; pick up a sick child at school). C.2 CITY RESPONSIBILITIES C.2.1 HFG Program Payment CITY's payment for HFG services is accounted for in the base price of the FlexPass Agreement,as indicated in Attachment A. C.2.2 Program Coordinator CITY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks as set forth in this Attachment. C.2.3 Number Of HFG Rides Per Eligible Employee CITY shall ensure that each Eligible Employee does not exceed eight(8)HFG rides per twelve(12)month period. FlcxPassAgrccmcnt Page 9 of 10 City of Kcnt July I,2109-Junc 31,2010 FlexPass Agreement Attachment C Home Free Guarantee (continued) C.3 HFG Program Tasks C.3.1 Process To access HFG rides,Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall call directly an answering service provider,contracted for by KING COUNTY. The phone number shall be supplied to CITY by KING COUNTY. CITY agrees to make information about how to access HFG rides available to all Eligible Employees. Program Coordinator shall obtain the following information from the Eligible Employee, and provide the information to the answering service provider. a. Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride c. Ensure the Eligible Employee has valid identification to show the taxi driver. d. Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a receipt of the taxi trip. e. CITY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of each month for record keeping and accounting purposes. f. The answering service provider will arrange taxi rides for the Eligible Employee. CA KING COUNTY RESPONSIBILITIES C.4.1 Participating Taxi CITY(s) CITY agrees that neither KING COUNTY or answering service provider is responsible for providing transportation services under the HFG program. CITY further agrees that KING COUNTY makes no guarantee or warranty as to the availability,quality or reliability of taxi service,and that the KING COUNTY's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement. CITY agrees it shall make no claims of any kind or bring any suits of any kind against the KING COUNTY for damages or injuries of any kind arising out of or in any way related to the HFG program Without limiting the foregoing and by way of example only,the CITY agrees that KING COUNTY shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before,during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence,intentional acts or causes beyond the taxi's control,including but not limited to incidence of fire,flood,snow,earthquake or other acts of nature,riots, insurrection,accident,order of any court or civil authority,and strikes or other labor actions. C.4.2 Payment Of Authorized HFG Taxi Fares KING COUNTY shall pay the metered fare amount of a CITY's Program Coordinator-authorized HFG ride,as defined in the DEFINITIONS section above,for a one-way distance of up to sixty(60)miles. CITY or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles. KING COUNTY shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of CITY or the Eligible Employee taking the HFG ride. C.4.3 Reporting KING COUNTY shall keep a complete record of all authorized HFG ride requests and provide a copy of this record to CITY's designated Contact Person if requested. CAA Program Abuse KING COUNTY reserves the right to investigate and recover costs from the CITY of intentional abuse of the HFG program by Eligible Employees. Program abuse is defined as,but not limited to, taking trips for inappropriate reasons, unauthorized destinations and intermediate stops,and pre-scheduled appointments not defined in the DEFINITIONS section above. FlexPass Agreement Page 10 of 10 City of Kent July 1,2009-June 30,2010 Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6M i 1. SUBJECT: INMATE CONFINEMENT AND KENT CORRECTIONS FACILITY PROGRAMS ORDINANCE - ADOPT ' 2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends chapters 2.34 and 9.34 of the Kent City Code regarding inmate confinement and Kent Corrections Facility programs. If adopted, the ordinance would codify programs currently offered to inmates at the Kent Corrections Facility as jail alternatives, and establish guidelines for the corrections facility to follow in establishing its program policies and procedures. The ordinance would also establish a new inmate work crew program, in which inmates would provide labor to improve the Kent community. Lastly, the ordinance, in accordance with state law, allows the City to recover from convicted inmates the costs incurred by the City during an inmate's incarceration. Based on a study conducted by the Finance Department, the daily incarceration cost at the Kent Corrections Facility is $92. 3. EXHIBITS: 6/9/09 Memo to Public Safety Committee and Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: LAW DEPARTMENT Tom Brubaker, City Attorney ' Phone: 253-856-5770 KEN T Fax: 253-856-6770 WASH I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 9, 2009 To: Public Safety Committee From: Arthur "Pat" Fitzpatrick, Deputy City Attorney Regarding: Costs of Inmate Confinement and Kent Corrections Facility Programs- Ordinance MOTION: Recommend council adopt an ordinance amending chapters 2.34 and 9.34 of the Kent City Code regarding costs of inmate confinement and Kent Corrections Facility programs. SUMMARY: The proposed ordinance codifies current programs offered to qualifying inmates at the Kent Corrections Facility. These programs create alternatives to incarceration, which not only assist the City in managing its jail population, but also require the inmate to give back to the community in which he or she committed the underlying crime that led to his or her incarceration. The ordinance also provides guidelines ' for the corrections facility in establishing its program policies and procedures. The guidelines require that consideration be given to qualifying and disqualify factors for program participation; the safety of the public, inmates, and corrections staff; and the security of inmates during their program participation. The ordinance also seeks to implement an inmate work crew program, which is a ' new program in Kent. This program would allow inmates to provide labor within Kent's city limits in order to improve the community. Not only will the community directly benefit from the work of the crew, but the program will teach participating inmates work ethic and will provide a deterrent effect to the further commission of crimes. ' Lastly, in accordance with state law, the ordinance allows the City to recover from inmates the costs incurred by the City during an inmate's incarceration. The City conducted a recent study of its costs and determined the cost to be $92 per day. This ordinance adds a provision to the Kent City Code which allows the Kent Municipal Court to assess the costs of incarceration against a defendant at the time he or she is sentenced. BUDGET IMPACT: Staff costs are funded through the general fund and a $50,000 Byrne grant. P\Gvd\Monons-BlueShmts\lnmateConfinement&Jad Programs-MouonSheet doc ' 1 INMATE INCARCERATION COST DETERMINATION Summary Analysis (Kent Corrections) - 2009 ' Dollars Percentage Police Department Corrections: Salaries and Wages $1,873,358 39% ' Personnel Benefits $767,361 16% Supplies $579,318 12% Other Services and Charges $1,000,300 21% Total Police Department Corrections $4,220,337 88% Other Direct Services 2009 Debt Service (1999 LTGO, partially refunded) 208,191 2008 Depreciation (Most recent available) 159,150 Total Other Direct Services 367,341 8% Cost Allocations from Indirect Services: Employee Services $79,589 Finance $104,673 Total Cost Allocations from Indirect Services $184,262 4% ' Total Costs - 2009 $4,771,940 100% Average Cost Per Day $13,074 Average Number of Inmates during 2008 141 Average Cost Per Inmate per Day during 2009 $92 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 2.34 and 9.34 of the Kent City Code regarding inmate confinement and Kent Corrections Facility programs. ' RECITALS A. The Kent Corrections Facility is a nationally accredited jail which houses adult criminals charged with and convicted of misdemeanant crimes committed in the City of Kent. B. Over the ears the various departments within the City that Y P Y are involved with the criminal justice system have taken great strides to work together to formulate policies to effectively manage a growing jail population. In particular, the Kent Corrections Facility has developed a number of alternatives to incarceration which are aimed at punishing offenders, keeping the community safe, and requiring the offender to give back to the community in which his or her offense was committed. These ' programs, which include electronic home detention, work release, work time credit and day reporting, have proven very successful and have assisted the City in managing the jail population. 1 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs C. The City of Kent has determined that it would be appropriate, , through this ordinance, to codify the various programs available at the Kent Corrections Facility. The City of Kent has also determined that it would be in the interests of the City to create an inmate work crew ' program. The work crew will be required to provide labor within the city limits of Kent in order to improve the community in which they committed a crime. The work crew will not only improve the City, but the labor will serve as a deterrent to the further commission of crime by the inmates, and will teach the inmate some amount of work ethic. D. State law permits a municipal court to require a defendant , convicted of a crime to pay the costs of incarceration. The City has performed a recent study of the costs of incarcerating an inmate in the , Kent Corrections Facility and has determined that cost to be $92.00 per day. It would therefore be in the interests of the City to provide a code , section that establishes the cost of incarceration in order to permit the court to assess that cost. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment - Ch. 2.34 KCC. Chapter 2.34 of the , Kent City Code, entitled "Municipal Court," is amended to add new sections, as set forth below, that establish a description of confinement ' and the costs of incarceration: Sec. 2.34.145. Confinement in general. Any person sentenced ' by the municipal court for a commitment or period of confinement at the Kent Corrections Facility, and who serves such commitment or , confinement at the Kent Corrections Facility may, pursuant to Kent 2 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs ' Corrections Facility policies, be eligible for corrections facility programs or incarceration alternatives as set forth in chapter 9.34 KCC; provided, the municipal court may, in its discretion, or upon the motion of any party and for good cause shown, prohibit the inmate from participating in one or more programs or incarceration alternatives. ' Sec. 2.34.165. Costs of incarceration. Pursuant to RCW 10.01.160, as now enacted or hereafter amended or recodified, the municipal court may, in its discretion, require a defendant convicted of a misdemeanor or gross misdemeanor to pay the costs of incarceration. The per day actual cost of incarceration in the Kent corrections facility is $92.00. SECTION 2. - Repealer - Existing Ch. 9.34 KCC. The existing ' Chapter 9.34 of the Kent City Code, entitled "Corrections Facility," is repealed in its entirety. SECTION 3. - Adoption - New Ch. 9.34 KCC. A new chapter 9.34 ' of the Kent City Code, entitled "Corrections Facility," is hereby adopted as follows: CHAPTER 9.34 ' CORRECTIONS FACILITY Sec. 9.34.010. Definitions. The following words, terms, and ' phrases shall have the following meanings: A. "Confinement" shall mean confinement within the corrections facility, or participation in a corrections facility program. B. "Corrections facility" shall mean the City of Kent corrections facility. 3 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs C. "Corrections staff" shall mean employees of the corrections facility. ' D. "Day of work" shall mean a work day pursuant to a work crew or ' work time credit program, as such term is defined by corrections facility policy, but in no case shall be less than six (6) hours of work, and shall be ' measured from the time the person is required to arrive at the corrections facility and shall end when such person is permitted to leave. , E. "Inmate" shall mean any defendant sentenced by the Kent Municipal Court or another court to serve a period of confinement in the corrections facility. F. The terms "jail," "imprisonment," or "commitment" as those terms are used in a sentencing order of the court, shall mean confinement. G. "Program" shall mean electronic home detention or monitoring, ' work crew, work release, work time credit, day reporting, or other corrections facility programs as authorized by City ordinance or corrections ' facility policy. H. "Qualifying inmate" shall mean an inmate who meets the conditions , of participation in a corrections facility program as such conditions are set , forth in the corrections facility policies and procedures applicable to such program. ' Sec. 9.34.020. Programs - Policies and procedures. The corrections facility shall establish policies and procedures for implementation of various programs. The policies and procedures shall, at a minimum, make provisions for: ' A. The qualifying or disqualifying factors for inmates eligible for program participation. 4 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs ' B. The manner in which inmates will be selected or ordered to participate in the program. C. The safety of the public, inmates, and corrections staff. D. The security of the inmates during program participation. E. Inmate behavioral requirements while participating in the program. F. The implications and punishment of an inmate who fails to participate in a program after being ordered to do so. 1 G. The consequences, including but not limited to the loss of good time credit, for an inmate who does not comply with the behavioral requirements and rules of the program. H. The manner in which an inmate can appeal an order by the corrections facility regarding participation in a program. I. Tools personal protective equipment, and su lies to be utilized b P PPP Y program participants. J. The cost, if any, for inmates to participate in program. ' K. Access to sanitary facilities while performing work on the work crew program. L. Transportation to and from the work site for the work time credit tand work crew programs. ' Sec. 9.34.030. Corrections facility programs as privilege — No right to participate — Participation may be required. IA. Participation in programs shall be considered a privilege, and the inmate shall have no right to participate in such programs. There shall be 5 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs no guarantee to any inmate that he or she will be permitted to participate ' in any program even after a date for participation is established. In the ' event an inmate is accepted in, or ordered to participate in, a program, and thereafter the program is not available, the inmate may be permitted to participate in another program for which he or she is eligible, subject to availability and at the sole discretion of corrections staff. ' B. Participation shall be conditioned upon the inmate meeting the qualifications of such program, and complying with applicable policies and procedures for such program. C. The corrections facility may, at its discretion, require an inmate to participate in a corrections facility program against his or her will. ' Sec. 9.34.040. Costs of programs. The City may, pursuant to resolution or through a budget ordinance, set various fees which may be required as a condition of participating in a program; provided, the corrections facility may waive the fees in order to manage the correction facility's population, or in order to make such programs available to the indigent. , Sec. 9.34.050. Good time credit — Work day to jail day ratio. ' A. Except as provided in subsection (B) of this section, an inmate may receive good time credit for good behavior in an amount not to exceed one-third (1/3) of the confinement ordered by the court; provided, such good time credit may be taken away from the inmate pursuant to 1 corrections facility policies and procedures. B. Any inmate who performs work on a corrections facility work crew, , or pursuant to a work time credit program, shall receive credit for three (3) days of confinement ordered by the court for every one (1) day of 6 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs ' work performed; provided, that such inmate shall not also receive good time credit on the days of work performed. Partial credit for periods of less than one (1) day may be given where the inability to complete the full day of work is not the fault of the inmate, and the inmate has otherwise complied with the program policies. Sec. 9.34.060. Electronic home detention. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement in a rprivate residence or another qualifying residence, subject to an acceptable system of electronic surveillance. Sec. 9.34.070. Work release. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a work release program. Inmates participating in the work release program may, pursuant to applicable policies or procedures, spend a portion of a 24-hour period unsupervised and away from the corrections facility while 1 performing work for the inmate's employer or an agency or party for which such the inmate is performing community service. The inmate shall spend the nonworking hours at the corrections facility. Sec. 9.34.080. Work time credit. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, ' serve all or a portion of his or her ordered confinement on a work time credit program. Inmates participating in the work time credit program may, pursuant to applicable policies or procedures, spend a portion of a 24-hour period away from the corrections facility and under limited 7 Amendments e is to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs supervision while performing work on a voluntary basis for the City or a ' qualifying community service agency. The inmate shall spend the , nonworking hours at the corrections facility. Inmates performing community service pursuant to the work time credit program shall receive ' community service credit towards the payment of their financial obligations to the court. Sec. 9.34.090. Day reporting. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a day reporting , program. Inmates participating in the day reporting program shall, pursuant to applicable policies or procedures, spend the day under , supervision at the Kent Corrections Facility, or at some other location as set forth in corrections facility policy, and spend the remainder of the 24- hour period unsupervised at an approved private residence, subject to conditions as set forth in the corrections facility's policies and procedures. Sec. 9.34.100. Work crew in general— Types of work ' performed - Limitations. A. In General. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a ' portion of his or her ordered confinement on a work crew program. Inmates participating in the work crew program may, pursuant to applicable policies or procedures, spend a portion of a 24-hour period performing work under the supervision of the corrections facility at on-site , or off-site locations. The inmate shall spend the nonworking hours at the corrections facility or under limited or no supervision at another location as permitted by corrections facility policy. 8 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs B. Types of work. A work crew program may be utilized to perform the following types of work: 1. Garbage, litter, debris, and junk removal from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 2. Removal and maintenance of invasive and undesirable vegetation and leaves from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 3. Removal of snow, sand, dirt, and debris from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails and public facilities. 4. Graffiti removal and repair on state, federal, and municipal property. 5. General maintenance and repair of municipal, state, and federal property. C. Performance of work for other public agencies. The work crew may perform work at the request of other public agencies. The corrections facility may, at its discretion, require the public agency to pay a fee for the utilization of the work crew. D. Performance of work for private parties or non-profit agencies. The work crew may perform work that more than incidentally benefits private parties or non-profit agencies on the condition that the private party or non-profit agency reimburses the City of Kent for the costs of providing jthe work crew and the private party or non-profit agency assumes all risk and liability exposure of having the work crew perform the work; provided, 9 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs that at the discretion of corrections staff, reimbursement may not be ' required when the work performed primarily benefits the poor and infirm. E. Performance of bargaining unit work. The City of Kent will not utilize a work crew to perform work that is within the body of work of a recognized City of Kent union, without the prior agreement of City of Kent union that owns the body of work. , Sec. 9.34.110. Inmate responsible for portion of medical care costs. A. Payment responsibility. Each inmate confined in the corrections , facility shall be responsible for payment of a portion of the cost to provide medical care to him or her while subject to confinement in the corrections facility. B. Medical care costs. Each inmate confined in the corrections facility shall be financially responsible for payment of fifteen dollars ($15) each time he or she is provided medical care; provided, that a portion of this fee may be waived in the event medical staff determines the inmate has a chronic condition that requires treatment at regular and frequent intervals, , or an inmate was provided medical care more than one (1) time during any one (1) day for the same condition. In addition, each inmate shall pay ten dollars ($10) for each course of prescription medication that is prescribed to the inmate. In the event an inmate requires transport by , ambulance to a medical care facility, he or she shall pay the actual costs billed to the City for such transport. C. Notification. An inmate shall be notified that in the event he or she , is provided medical care while confined in the corrections facility, he or she shall be responsible for payment of a portion of the cost of that care. 1 The inmate shall also be notified that by receiving medical care, he or she 10 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs agrees that the costs set forth in this section may be collected by the court, and that those costs will be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by seizing the inmate's currency that is being held by the corrections facility, by utilizing the services of a collections agency, or by any other legal means. D. Proof of care. In the event the City chooses to utilize the Kent Municipal Court to collect medical care costs, the City shall submit to the court a document that identifies the inmate's name, date of birth, the date medical care was provided, and the name of the provider to establish that medical care was provided and that the defendant owes a portion of the medical care costs to the City. E. Forfeiture of inmate At the discretion of the corrections property. facility, and as an alternative to other collection methods, the corrections facility may seize a portion of the United States currency that has been identified and recorded as inmate property during an inmate property inventory. To this end, all United States currency in the possession of an inmate, which is recorded upon booking, shall be subject to forfeiture to cover the costs of medical care; provided, that prior to forfeiture, the corrections staff shall provide the inmate with an opportunity to a hearing to contest the forfeiture of the currency. jF. Appeal. An inmate may appeal the assessment of medical care costs; provided, the quality of medical care, the manner in which the medical provider administers medical care, and the timing of medical care shall not be subject to appeal. In the event the inmate wishes to appeal the assessment of medical care costs, he or she must provide written notice to the corrections facility within five (5) days of receiving such care. The written notice shall state the date the care was provided and must contain a detailed explanation of the reasons for appealing the assessment 11 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs of costs. In the event the court has been utilized to recover such costs, the inmate's written notice shall be delivered to the court, and the court shall set a hearing to permit the inmate to contest the assessed medical care costs. In the event the court was not utilized to collect medical care costs, the corrections facility shall, in accordance with its administrative appeal process, set an administrative appeal. At any appeal hearing, the ' inmate shall bear the burden of proving, by a preponderance of the evidence, that he or she is not responsible for the costs. G. No denial of medical care. Under no condition shall medical care be denied or delayed due to an inmate's inability to pay the fees set forth in this section; provided, that nothing in this section shall prevent the City from taking steps to collect medical care costs after care is provided. SECTION 4. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. - Effective Date. This ordinance shall take effect and , be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 1 12 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2009. APPROVED: day of June, 2009. PUBLISHED: day of June, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\SentenangOrdmance-IailPrograms&IncarcerationCosts doc j 1 I 13 Amendments to Ch. 2.34 KCC and Ch. 9.34 KCC Regarding Confinement and Corrections Facility Programs Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 6N 1. SUBJECT: IMPOUNDMENT OF VEHICLES USED IN PROSTITUTION CRIMES ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending section 9.02.310 of the Kent City Code to provide for the impoundment of vehicles used in high risk prostitution areas for suspected prostitution crimes as authorized by recent legislative enactment by the Washington State Legislature. 1 During its 2009 session, the state legislature adopted ESHB 1362, which authorizes law enforcement agencies to impound vehicles used in suspected prostitution crimes. This legislation authorizes impoundment if the person arrested has previously been convicted of a prior prostitution-related crime, or if the local governing agency has designated areas within which vehicles will be subject to impoundment. The City has previously identified certain areas within Kent as high risk prostitution areas. In order to implement the recent state legislation in these high risk areas, an amendment is necessary to section 9.02.310 of the Kent City Code. 3. EXHIBITS: 6/9/09 Memo to Public Works Committee; ESHB 1362; and Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 ENT Fax: 253-856-6770 W A S H I N O T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 9, 2009 To: Public Safety Committee From: Tami Perdue, Chief Prosecuting Attorney Regarding: Impoundment of Vehicles Used in Prostitution Crimes--Ordinance MOTION: Recommend Council adopt an ordinance to provide for the impoundment of vehicles used in high risk prostitution areas for suspected prostitution crimes as authorized by recent state legislation. SUMMARY: In 2002, the Kent City Council adopted an ordinance that identified certain areas within Kent as high risk prostitution areas. That ordinance permitted the Kent Municipal Court to issue orders to defendants charged with prosecution-related crimes, as a condition of their pre-trial release or probation, to stay out of high risk prostitution areas. During its 2009 session, the state legislature adopted ESHB 1362, which authorizes law enforcement agencies to impound vehicles used in suspected prostitution crimes. This legislation authorizes impoundment if the person arrested has previously been convicted of a prior prostitution-related crime, or if the local governing agency has designated areas within which vehicles will be subject to impoundment. In order to implement this legislation, an amendment is necessary to section 9.02.310 of the Kent City Code. BUDGET IMPACT: None. P\CrvJVdonons-BlucShcets\ProsUludonArcas-Vchmlclmpoundmcnt-MoponShcet docx I 1 CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1362 Chapter 387, Laws of 2009 61st Legislature 2009 Regular Session PROSTITUTION-RELATED OFFENSES--VEHICLE IMPOUNDMENT EFFECTIVE DATE : 07/26/09 Passed by the House April 18, 2009 CERTIFICATE Yeas 97 Nays 0 I, Barbara Baker, Chief Clerk of the House of Representatives of FRANK CHOPP the State of Washington, do hereby Speaker of the House of Representatives certify that the attached isENGROSSED SUBSTITUTE HOUSE BILL 1362 as passed by the House of Representatives and the Senate on Passed by the Senate April 9, 2009 the dates hereon set forth. Yeas 47 Nays 0 BARBARA BAKER BRAD OWEN Chief Clerk President of the Senate Approved May 7, 2009, 2:12 p.m. FILED May 8, 2009 1 CHRISTINE GREGOIRE Secretary of State Governor of the State of Washington State of Washington ENGROSSED SUBSTITUTE HOUSE BILL 1362 AS AMENDED BY THE SENATE Passed Legislature - 2009 Regular Session State of Washington 61st Legislature 2009 Regular Session By House Judiciary (originally sponsored by Representatives Goodman, Rodne, Sullivan, Williams, Orwall, O'Brien, Kirby, Chase, and Conway) READ FIRST TIME 02/13/09 . 1 1 AN ACT Relating to vehicles used in prostitution-related offenses; 2 and amending RCW 9A. 88 . 140, 43 . 63A. 740, and 46 . 55 . 120 . 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1 . RCW 9A. 88 . 140 and 2007 c 368 s 8 are each amended to read 5 as follows : 6 (1) (a) Upon an arrest for a suspected violation of patronizing a 7 prostitute ( (ate) )L_promoting_prostitution_ in_ the_ first_degree, 8 promoting—prostitution—in—the—second—degree, —promoting—travel—for 9 prostitution, commercial sexual abuse of a minor, promoting commercial 10 sexual—abuse—of—a—minor, —or—promoting—travel—for—commercial—sexual 11 abuse of a minor, the arresting law enforcement officer may impound the 12 person ' s vehicle if ( (+a}) ) (i) the motor vehicle was used in the 13 commission of the crime; _jjjL the person arrested is the owner 14 of the vehicle or—the—vehicle—is—a—rental—car—as—defined—in—RCW 15 46 . 04 . 465; and ( (-(ed-) ) iii _either— (i the person arrested has 16 previously been convicted of — rd - 17 ) ) 18 one of the offenses listed in this subsection or (B) the offense was 19 committed within an area designated under (b) of this subsection. P. 1 ESHB 1362 . SL 1 b A local aoverning authority may designate areas within whic h 2 vehicles are subject to impoundment under this section regardless of 3 whether the person arrested has previously been convicted of any of the 4 offenses listed in (a) of this subsection. 5 (i) The designation must be based on evidence indicating that the 6 area has a disproportionately higher number of arrests for the offenses 7 listed in (a) of this subsection as compared to other areas within the 8 same jurisdiction . 9 ii _The_local_governing_authority_shall_post—signs—at_the 10 boundaries of the designated area to indicate that the area has been 11 designated under this subsection. 12 (2) Impoundments performed under this section shall be in 13 accordance with chapter 46 . 55 RCW and the_impoundment_order_must 14 clearly state "prostitution hold. " 15 (3) (a) Prior to redeeming the impounded vehicle, and in addition to 16 all applicable impoundment, towing, and storage fees paid to the towing 17 company under chapter 46 . 55 RCW, the owner of the impounded vehicle 18 must pay a fine of five hundred dollars to the impounding agency. The 19 fine shall be deposited in the prostitution prevention and intervention 20 account established under RCW 43 . 63A. 740 . 21 (b) Upon receipt of the fine paid under (a) of this subsection, the 22 impounding agency shall issue a written receipt to the owner of the 23 impounded vehicle . 24 (4) (a) In order to redeem a vehicle impounded under this section, 25 the_owner_must_provide_the_towing_company_with_the_written receipt 26 issued under subsection (3) (b) of this section. 27 (b) _The_written_receipt—issued�under_subsection_ (3) (b) _of_this 28 section authorizes the towinq company to release the impounded vehicle 29 upon payment of all impoundment, towing, and storage fees . 30 (c) A towing company that relies on a forged receipt to release a 31 vehicle impounded under this section is not liable to the impounding 32 authority for any unpaid fine under subsection (3) (a) of this section. 33 (5) (a) In any proceeding under chapter 46 . 55 RCW to contest the 34 validity_of_an -impoundment_under_this section_where_the claimant 35 substantially prevails, the claimant is entitled to a full refund of 36 the impoundment, towing, and storage fees paid under chapter 46 . 55 RCW 37 and the five_hundred_dollar_fine_ aid_under_subsection_ (3) _of this 38 section . ESHB 1362 . SL p. 2 1 b If the person is found not guilty at trial for a crime listed ( ) p a y 2 under subsection (1) of this section, the person is entitled to a full 3 refund of the impoundment, towing, and storage fees paid under chapter 4 46 . 55 RCW and the five hundred dollar fine paid under subsection (3) of 5 this section. t 6 (c) —All_refunds_made_under_this_section_shall_be_paid_b_the 7 impounding agency. 8 (d) Prior to receiving any refund under this section, the claimant 9 must provide proof of payment . 10 Sec. 2 . RCW 43 . 63A. 740 and 1995 c 353 s 11 are each amended to 11 read as follows : 12 The prostitution prevention and intervention account is created in 13 the state treasury. All designated receipts from fees under RCW 14 9 . 68A. 105 and 9A. 88 . 120 and fines collected under RCW 9A. 88 . 140 shall 15 be deposited into the account. Expenditures from the account may be 16 used only for funding the grant program to enhance prostitution 17 prevention and intervention services under RCW 43 . 63A. 720 . 18 Sec. 3. RCW 46 . 55 . 120 and 2004 c 250 s 1 are each amended to read 19 as follows : 20 (1) Vehicles or other items of personal property registered or 21 titled with the department that are impounded by registered tow truck t 22 operators pursuant to RCW 46 . 55 . 080, 46 . 55 . 085, 46 . 55 . 113, or 9A. 88 . 140 23 may be redeemed only under the following circumstances : 24 (a) Only the legal owner, the registered owner, a person authorized 25 in writing by the registered owner or the vehicle ' s insurer, a person 26 who is determined and verified by the operator to have the permission 27 of the registered owner of the vehicle or other item of personal 28 property registered or titled with the department, or one who has 29 purchased a vehicle or item of personal property registered or titled 30 with the department from the registered owner who produces proof of , 31 ownership or written authorization and signs a receipt therefor, may 32 redeem an impounded vehicle or items of personal property registered or 33 titled with the department . In addition, a vehicle impounded because 34 the operator is in violation of RCW 46 . 20 . 342 (1) (c) shall not be 35 released until a person eligible to redeem it under this subsection 36 (1) (a) satisfies the requirements of (e) of this subsection, including p. 3 ESHB 1362 . SL 1 paying all towing, removal, and storage fees, notwithstanding the fact 2 that the hold was ordered by a government agency. If the department ' s 3 records show that the operator has been convicted of a violation of RCW 4 46 . 20 . 342 or a similar local ordinance within the past five years the 5 vehicle may be held for up to thirty days at the written direction of 6 the agency ordering the vehicle impounded. A vehicle impounded because 7 the operator is arrested for a violation of RCW 46 . 20 . 342 may be 8 released only pursuant to a written order from the agency that ordered 9 the vehicle impounded or from the court having jurisdiction. An agency 10 ( ( ) ) shall issue a written order to release pursuant to a provision 11 of an applicable state agency rule or local ordinance authorizing 12 release on the basis of the following: 13 (i) Economic or personal hardship to the spouse of the operator, 14 taking into consideration public safety factors, including the 15 operator ' s criminal history and driving record; or j16 (ii) The owner of the vehicle was not the driver, the owner did not 17 know that the driver ' s license was suspended or revoked, and the owner 18 has not received a prior release under this subsection or RCW 19 46 . 55 . 113 (3) . 20 In order to avoid discriminatory application, other than for the 21 reasons for release set forth in (a) (i) and (ii) of this subsection, an 22 agency shall, under a provision of an applicable state agency rule or 23 local ordinance, deny release in all other circumstances without 24 discretion. 25 If a vehicle is impounded because the operator is in violation of 26 RCW 46 . 20 . 342 (1) (a) or (b) , the vehicle may be held for up to thirty 27 days at the written direction of the agency ordering the vehicle 28 impounded. However, if the department ' s records show that the operator 29 has been convicted of a violation of RCW 46 . 20 . 342 (1) (a) or (b) or a 30 similar local ordinance within the past five years, the vehicle may be 31 held at the written direction of the agency ordering the vehicle 32 impounded for up to sixty days, and for up to ninety days if the 33 operator has two or more such prior offenses . If a vehicle is 34 impounded because the operator is arrested for a violation of RCW 35 46 . 20 . 342, the vehicle may not be released until a person eligible to 36 redeem it under this subsection (1) (a) satisfies the requirements of 37 (e) of this subsection, including paying all towing, removal, and ESHB 1362 . SL p. 4 1storage fees notwithstanding the fact that the hold was ordered b a g Y 2 government agency. 3 (b) If the vehicle is directed to be held for a suspended license 4 impound, a person who desires to redeem the vehicle at the end of the 5 period of impound shall within five days of the impound at the request 6 of the tow truck operator pay a security deposit to the tow truck 7 operator of not more than one-half of the applicable impound storage 8 rate for each day of the proposed suspended license impound. The tow 9 truck operator shall credit this amount against the final bill for 10 removal, towing, and storage upon redemption . The tow truck operator 11 may accept other sufficient security in lieu of the security deposit . 12 If the person desiring to redeem the vehicle does not pay the security 13 deposit or provide other security acceptable to the tow truck operator, 14 the tow truck operator may process and sell at auction the vehicle as 15 an abandoned vehicle within the normal time limits set out in RCW 16 46 . 55 . 130 (l) . The security deposit required by this section may be 17 paid and must be accepted at any time up to twenty-four hours before 18 the beginning of the auction to sell the vehicle as abandoned. The 19 registered owner is not eligible to purchase the vehicle at the 20 auction, and the tow truck operator shall sell the vehicle to the 21 highest bidder who is not the registered owner . 22 (c) Notwithstanding (b) of this subsection, a rental car business 23 may immediately redeem a rental vehicle it owns by payment of the costs 24 of removal, towing, and storage, whereupon the vehicle will not be held 25 for a suspended license impound. 26 (d) Notwithstanding (b) of this subsection, a motor vehicle dealer 27 or lender with a perfected security interest in the vehicle may redeem 28 or lawfully repossess a vehicle immediately by payment of the costs of 29 removal, towing, and storage, whereupon the vehicle will not be held 30 for a suspended license impound. A motor vehicle dealer or lender with 31 a perfected security interest in the vehicle may not knowingly and 32 intentionally engage in collusion with a registered owner to repossess 33 and then return or resell a vehicle to the registered owner in an 34 attempt to avoid a suspended license impound. However, this provision 35 does not preclude a vehicle dealer or a lender with a perfected 36 security interest in the vehicle from repossessing the vehicle and then 37 selling, leasing, or otherwise disposing of it in accordance with 38 chapter 62A. 9A RCW, including providing redemption rights to the debtor p. 5 ESHB 1362 . SL 1 under RCW 62A. 9A-623 . If the debtor is the registered owner of the 2 vehicle, the debtor ' s right to redeem the vehicle under chapter 62A. 9A 3 RCW is conditioned upon the debtor obtaining and providing proof from 4 the impounding authority or court having jurisdiction that any fines, 5 penalties, and forfeitures owed by the registered owner, as a result of 6 the suspended license impound, have been paid, and proof of the payment 7 must be tendered to the vehicle dealer or lender at the time the debtor 8 tenders all other obligations required to redeem the vehicle . Vehicle 9 dealers or lenders are not liable for damages if they rely in good 10 faith on an order from the impounding agency or a court in releasing a 11 vehicle held under a suspended license impound. 12 (e) The vehicle or other item of personal property registered or 13 titled with the department shall be released upon the presentation to 14 any person having custody of the vehicle of commercially reasonable 15 tender sufficient to cover the costs of towing, storage, or other 16 services rendered during the course of towing, removing, impounding, or 17 storing any such vehicle, with credit being given for the amount of any 18 security deposit paid under (b) of this subsection. In addition, if a 19 vehicle is impounded because the operator was arrested for a violation 20 of RCW 46 . 20 . 342 or 46 . 20 . 345 and was being operated by the registered 21 owner when it was impounded under local ordinance or agency rule, it 22 must not be released to any person until the registered owner 23 establishes with the agency that ordered the vehicle impounded or the 24 court having jurisdiction that any penalties, fines, or forfeitures 25 owed by him or her have been satisfied. Registered tow truck operators 26 are not liable for damages if they rely in good faith on an order from 27 the impounding agency or a court in releasing a vehicle held under a 28 suspended license impound. Commercially reasonable tender shall 29 include, without limitation, cash, major bank credit cards issued by 30 financial institutions, or personal checks drawn on Washington state 31 branches of financial institutions if accompanied by two pieces of 32 valid identification, one of which may be required by the operator to 33 have a photograph. If the towing firm cannot determine through the 34 customer' s bank or a check verification service that the presented 35 check would be paid by the bank or guaranteed by the service, the 36 towing firm may refuse to accept the check. Any person who stops 37 payment on a personal check or credit card, or does not make 38 restitution within ten days from the date a check becomes insufficient ESHB 1362 . SL p. 6 1 due to lack of funds to a towingfirm that has provided a service 2 pursuant to this section or in any other manner defrauds the towing 3 firm in connection with services rendered pursuant to this section 4 shall be liable for damages in the amount of twice the towing and 5 storage fees, plus costs and reasonable attorney' s fees . 6 (2) (a) The registered tow truck operator shall give to each person 7 who seeks to redeem an impounded vehicle, or item of personal property 8 registered or titled with the department, written notice of the right 9 of redemption and opportunity for a hearing, which notice shall be 10 accompanied by a form to be used for requesting a hearing, the name of 11 the person or agency authorizing the impound, and a copy of the towing 12 and storage invoice . The registered tow truck operator shall maintain 13 a record evidenced by the redeeming person ' s signature that such 14 notification was provided. 15 (b) Any person seeking to redeem an impounded vehicle under this 16 section has a right to a hearing in the district or municipal court for 17 the jurisdiction in which the vehicle was impounded to contest the 18 validity of the impoundment or the amount of towing and storage 19 charges . The district court has jurisdiction to determine the issues 20 involving all impoundments including those authorized by the state or 21 its agents . The municipal court has jurisdiction to determine the 22 issues involving impoundments authorized by agents of the municipality. 23 Any request for a hearing shall be made in writing on the form provided 24 for that purpose and must be received by the appropriate court within 25 ten days of the date the opportunity was provided for in subsection 26 (2) (a) of this section and more than five days before the date of the 27 auction. At the time of the filing of the hearing request, the 28 petitioner shall pay to the court clerk a filing fee in the same amount 29 required for the filing of a suit in district court. If the hearing 30 request is not received by the court within the ten-day period, the 31 right to a hearing is waived and the registered owner is liable for any 32 towing, storage, or other impoundment charges permitted under this 33 chapter. Upon receipt of a timely hearing request, the court shall 34 proceed to hear and determine the validity of the impoundment . 35 (3) (a) The court, within five days after the request for a hearing, 36 shall notify the registered tow truck operator, the person requesting 37 the hearing if not the owner, the registered and legal owners of the p. 7 ESHB 1362 . SL 1 vehicle or other item of personal property registered or titled with 2 the department, and the person or agency authorizing the impound in 3 writing of the hearing date and time . 4 (b) At the hearing, the person or persons requesting the hearing 5 may produce any relevant evidence to show that the impoundment, towing, 6 or storage fees charged were not proper. The court may consider a 7 written report made under oath by the officer who authorized the 8 impoundment in lieu of the officer ' s personal appearance at the 9 hearing. 10 (c) At the conclusion of the hearing, the court shall determine 11 whether the impoundment was proper, whether the towing or storage fees 12 charged were in compliance with the posted rates, and who is 13 responsible for payment of the fees . The court may not adjust fees or 14 charges that are in compliance with the posted or contracted rates . 15 (d) If the impoundment is found proper, the impoundment, towing, 16 and storage fees as permitted under this chapter together with court 17 costs shall be assessed against the person or persons requesting the 18 hearing, unless the operator did not have a signed and valid 19 impoundment authorization from a private property owner or an 20 authorized agent. 21 (e) If the impoundment is determined to be in violation of this 22 chapter, then the registered and legal owners of the vehicle or other 23 item of personal property registered or titled with the department 24 shall bear no impoundment, towing, or storage fees, and any security 25 shall be returned or discharged as appropriate, and the person or 26 agency who authorized the impoundment shall be liable for any towing, 27 storage, or other impoundment fees permitted under this chapter . The 28 court shall enter judgment in favor of the registered tow truck 29 operator against the person or agency authorizing the impound for the 30 impoundment, towing, and storage fees paid. In addition, the court 31 shall enter judgment in favor of the registered and legal owners of the 32 vehicle, or other item of personal property registered or titled with 33 the department, for the amount of the filing fee required by law for 34 the impound hearing petition as well as reasonable damages for loss of 35 the use of the vehicle during the time the same was impounded against 36 the person or agency authorizing the impound. However, if an 37 impoundment arising from an alleged violation of RCW 46 . 20 . 342 or 38 46 . 20 . 345 is determined to be in violation of this chapter, then the ESHB 1362 . SL P. 8 1 law enforcement officer directing the impoundment and the government 2 employing the officer are not liable for damages if the officer relied 3 in good faith and without gross negligence on the records of the 4 department in ascertaining that the operator of the vehicle had a 5 suspended or revoked driver ' s license . If any judgment entered is not 6 paid within fifteen days of notice in writing of its entry, the court 7 shall award reasonable attorneys ' fees and costs against the defendant 8 in any action to enforce the judgment . Notice of entry of judgment may 9 be made by registered or certified mail, and proof of mailing may be 10 made by affidavit of the party mailing the notice . Notice of the entry 11 of the judgment shall read essentially as follows : 12 TO: . . . . . . 13 YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the 14 . . . . . . Court located at . . . . . . in the sum of 15 $ . . . . . in an action entitled . . . . . Case No . 16 . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs 17 will be awarded against you under RCW . . . if the judgment is 18 not paid within 15 days of the date of this notice . 19 DATED this . . . . day of . . . . . . . (year) . . . 20 Signature . . . . . . . . . . 21 Typed name and address 22 of party mailing notice 23 (4) Any impounded abandoned vehicle or item of personal property 24 registered or titled with the department that is not redeemed within 25 fifteen days of mailing of the notice of custody and sale as required 26 by RCW 46 . 55 . 110 (3) shall be sold at public auction in accordance with 27 all the provisions and subject to all the conditions of RCW 46 . 55 . 130 . 28 A vehicle or item of personal property registered or titled with the 29 department may be redeemed at any time before the start of the auction 30 upon payment of the applicable towing and storage fees . Passed by the House April 18, 2009 . Passed by the Senate April 9, 2009. Approved by the Governor May 7, 2009 . Filed in Office of Secretary of State May 8, 2009 . P. 9 ESHB 1362 . SL ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.02.310 of the Kent City Code to provide for the impoundment of vehicles used in high risk prostitution areas for suspected prostitution crimes as authorized by recent legislative enactment by the Washington State Legislature. RECITALS A. In 2002, the Kent City Council adopted Ordinance No. 3621 which identified certain areas with the Kent city limits as "high risk prostitution areas." The council authorized the Kent Municipal Court to issue orders to defendants charged with the crimes of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute, or a defendant convicted of such crimes, as a condition of pre-trial release or probation, to stay out of high risk prostitution areas. B. During its 2009 regular session, the Washington State Legislature adopted ESHB 1362, which authorized law enforcement agencies to impound vehicles used in suspected prostitution crimes. This bill authorizes impoundment if the person arrested on a prostitution- related crime has previously been convicted of a prior prostitution-related crime, or if the local governing agency has designated areas within which 1 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment vehicles will be subject to impoundment. This ordinance amends KCC 9.02.310 to implement vehicle impoundment when the defendant is suspected of committing a prostitution crime within areas identified by the City as high risk prostitution areas. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.02.310 of the Kent City Code, entitled Stay out of areas of prostitution orders, is amended as follows: Sec. 9.02.310. Stay out of areas of prostitution orders. A. Findings. The high risk prostitution areas set forth in subsection (E� of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the City of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) suffer a much higher incidence of prostitution-related crimes than other areas of the city. l A. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone 2 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment charged with prostitution, permitting prostitution, prostitution loitering, or I patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. CS. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. DC. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. Ems. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas." 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. FE. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, 3 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment 1 signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. G-F. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest." HG. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 5 1), the high risk prostitution areas identified in subsection (E) above are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the i second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 4 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2009. APPROVED: day of June 2009. PUBLISHED: day of June, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P.\Civil\Ordinance\ProstdutionAreas-VehicleImpoundment doc 5 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment Kent City Council Meeting Date June 16, 2009 Category Consent Calendar - 60 1. SUBJECT: PROHIBITION OF ATTENDANCE AT ILLEGAL STREET RACES ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending sections 9.42.020 and 9.43.030 of the Kent City Code to expand the prohibition against race attendance at all illegal street races, to designate additional No Racing Zones, and to make minor housekeeping changes to alphabetize the designated No Racing Zones. ' The proposed ordinance amends the Kent City Code to allow the Kent Police Department to cite spectators who attend any illegal street race within the City of Kent, regardless of whether the race occurred within a designated "No Racing Zone." The ordinance also clarifies conduct a Kent Police Officer may consider in evaluating whether unlawful race attendance has occurred, and designates additional "No Racing Zones" within which the Kent Municipal Court can prohibit a defendant from engaging in racing or unlawful race attendance as a condition of pretrial release or probation. 3. EXHIBITS: 6/9/09 Memo to Public Safety Committee and Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 K EN T Fax: 253-856-6770 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 9, 2009 To: Public Safety Committee From: Tami Perdue, Chief Prosecuting Attorney Regarding: Prohibition of Attendance at Illegal Street Races - Ordinance MOTION: Recommend Council adopt an ordinance, in a form substantially similar to that presented to the Committee, that amends sections 9.42.020 and 9.43.030 of the Kent City Code to expand the prohibition against race attendance at all illegal street races, to add additional No Racing Zones within which the Kent Municipal Court can prohibit a defendant from engaging in racing or unlawful race attendance, and to make minor housekeeping changes to alphabetize the designated No Racing Zones. SUMMARY: In 2001, the Kent City Council adopted an ordinance that banned spectators from attending illegal street races within the City of Kent. The ordinance was officially codified at section 9.42.020 of the Kent City Code ("KCC"). At the time the ordinance was adopted, the attendance prohibition applied only to those areas identified as "No Racing Zones" by KCC 9.43.030. Staff recommends an amendment to KCC 9.42.020 which would allow the Kent Police Department to cite spectators who attend any illegal street race within the City of Kent, regardless of whether the race occurred within a designated "No Racing Zone" or not. The proposed ordinance also provides further clarification of conduct a Kent Police Officer will consider in evaluating whether unlawful race attendance has occurred. Furthermore, the ordinance amends KCC 9.43.030 to add five (5) additional No Racing Zones. It is within these areas that the Kent Police Department has experienced a much higher incidence of illegal street racing and race attendance than in other areas of the City. By identifying these problem areas, the Kent Municipal Court is able to prohibit a defendant from engaging in racing or unlawful race attendance as a condition of pre-trial release or probation. Finally, the ordinance makes minor housekeeping changes to alphabetize the designated No Racing Zones. BUDGET IMPACT: None. P\Crvd\Motions-BlueSheetsWoRacmgZone-ClanfyAttendanceConduct&AddZones-MouonShecldocx ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 9.42.020 and 9.43.030 of the Kent City Code to expand the prohibition against unlawful race attendance beyond the designated No Racing Zones to include attendance at any illegal street race within the City of Kent, to add additional No Racing Zones within which the Kent Municipal Court can prohibit a defendant from engaging in racing or unlawful race attendance as a condition of pre-trial release or probation, and to make housekeeping changes to alphabetize the designated No Racing Zones and to more clearly identify the affected streets. RECITALS A. In 2001, the Kent City Council adopted Ordinance No. 3557, which prohibited spectators from attending illegal street races within established "No Racing Zones." The adoption of this ordinance allowed the Kent Police Department to cite not only those drivers participating in illegal street races, but also those spectators whose attendance perpetuate dangerous and illegal street racing. B. The purpose of this ordinance is to amend KCC 9.42.020 to expand the prohibition against illegal street race attendance beyond the designated "No Racing Zones" to include attendance at any illegal street ' 1 No Racing Zones - Clarify Unlawful Race Attendance Conduct and Add Additional No Racing Zones race within the City. Additionally, this ordinance provides further clarification of conduct a Kent Police Officer will consider in evaluating whether unlawful race attendance has occurred. Furthermore, this ordinance amends KCC 9.43.030 to add additional No Racing Zones within which the Kent Municipal Court can prohibit a defendant from engaging in racing or unlawful race attendance as a condition of pre-trial release or probation. Should a defendant violate a court order by participating in or attending an illegal street race within a No Racing Zone, the penalty remains a gross misdemeanor punishable by a fine not to exceed $5,000, or imprisonment not to exceed one year, or both such fine and imprisonment. C. Lastly, this ordinance makes minor revisions to KCC 9.43.030 to alphabetize the designated No Racing Zones for better readability and identification, and to more clearly identify the affected streets. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.42.020 of the Kent City Code, entitled "Unlawful race attendance—Prohibited," is amended as follows: Sec. 9.42.020. Unlawful race attendance - Prohibited. A. Any person (1) who has actual or constructive knowledge that #:eyhe or she is -amain a designated SGAR a attendance of an unlawful race event and (2) who has actual or constructive knowledge that an unlawful race event is occurring, has occurred, or is about to occur, and (3) was there with the intent to observe or support or encourage the unlawful race event, is guilty of a misdemeanor. 2 No Racing Zones - Clarify , Unlawful Race Attendance Conduct and Add Additional No Racing Zones B. The circumstances which may be considered in determining whether a violation of subsection (A) of this section has occurred shall include, but not be limited to: 1. The unlawful race event occurred in a designated No Racing Zone as defined in KCC 9.43.030: 2. The person is associating with persons racing in an unlawful race event; 3. The person, by admission, is in attendance of an unlawful race event with the intent to observe or support or encourage the unlawful race event; 4. Statements of other persons who are shown to be in attendance of an unlawful race event which provide evidence that the person intends to observe or support or encourage an unlawful race event; 5. The person either operates or is a passenger in a vehicle that shares the attributes of other vehicles that are in attendance of the unlawful race event or which are engaging in, about to engage in, or which have engaged in an unlawful race; 6. The person either operates or is a passenger in a vehicle which is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful race event; or 7. The person has no reasonable alternative purpose for being in the area in which the unlawful race event is occurring, is about to occur, or which occurred. SECTION 2. - Amendment. Section 9.43.030 of the Kent City Code, entitled "SOAR orders—Designated "No Racing Zones," is amended as follows: 3 No RacingZones - Clarify Y Unlawful Race Attendance Conduct and Add Additional No Racing Zones Sec. 9.43.030. SOAR orders - Designated "No Racing Zones." A. Designated Zones. The SOAR order may apply to any of the following "No Racing Zones 1. 54t" Avenue South from South 228t" Street the "Q^^ bleek to ' the end of the road at the 22500 block. 2. 58t" Place South from Russell Road to South 194t" Way. 3. 59t" Place South from South 212t" Street to South 199t" Place. 4. 62"d Avenue South from South 199t" Place to South 1901" Street. 54. 64t" Avenue South from James Street to South S. 212t" Street te gargessStreet. 6.5. 72"d Avenue South from 220t" Street A` tFeetto South 180t" S. ZM"' Street. 7. 76t" Avenue South (signage reads 76t" Avenue) from South 228t" Street (signage reads 228t" St.) to South 212t" Street. 8. 80t" Avenue South from 196t" Street to South 180t" Street. 9. 85t" Avenue South from South 202"d Street to South 198t" Street. 10. 87t" Avenue South from South 208t" Street to South 198t" Street. 11. 89t" Avenue South (signage reads 89t") from the 20400 block to South 198t" Street. 126. South 180t" Street from 68t" Avenue South (West Valley Highway) to 84t" Avenue South (East Valley Highway). 13. South 190t" Street from 62"d Avenue South to 68t" Avenue South. ____vQth Avenue c..uth fr-e n S.180"Meet-te S. 184th Str 14. South 194t" Street and 58t" Place South from 66t" Avenue South to Russell Road. 4 No Racing Zones - Clarify Unlawful Race Attendance Conduct and Add Additional No Racing Zones 158. South 1991h Place from 59th Place South to 68th Avenue South (West Valley Highway). mouth 19 ' Street and Sewth y nntH t�i-r�Penun: se'l Read. }^ n„^16. South 202"d Street from 841h Avenue South East Valley Highway) to 891h Avenue South. 17-1$. South 226th Street from 54th Avenue South to 64th Avenue South.-to-54'4 AvenueG. 11. c,.wo- c-r-eet F..,,m one-Avenue-&Tte-9G' Ayenuue-9 12. 62nd AvenueSeutTern South 192nd Streete B. Adioininci Areas Included. These "No Racing Zones" include any highway, as that term is defined in RCW 46.04.197, together with adjoining property areas (such as sidewalks, entryways, landscaped areas, and parking areas) if those adjoining areas are being used for racing or unlawful race attendance. C. Posting of Siqns. These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at all highway entrances to the no racing zone. At a minimum, these signs must include the following statements: -No Racing Zone; Race Attendance Prohibited; KCC ' 9.42.020." SECTION 3. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 5 No Racing Zones - Clarify Unlawful Race Attendance Conduct and ' Add Additional No Racing Zones SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ' SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK , APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2009. APPROVED: day of June, 2009. PUBLISHED: day of June, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. , (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\OrdinancelNoRaangZone-ClarifyAttendanceConduct&AddZones doc 6 No Racing Zones - Clarify Unlawful Race Attendance Conduct and Add Additional No Racing Zones ' 1 Kent City Council Meeting Date June 16, 2009 ' Category Consent Calendar - 6P 1. SUBJECT: BOATING SAFETY, WASHINGTON STATE PARKS AND RECREATION COMMISSION GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Boating Safety grant from the Washington State Parks and Recreation Commission in the amount of $12,730, ' amend the budget, and authorize the Mayor to sign all necessary documents. The Kent Police Department submitted an application for the Boating Safety grant ' in the amount of $9,575.76, but has been awarded the maximum grant amount of $12,730. This amount represents officer overtime hours scheduled for 17 high impact shifts on Lake meridian. This grant will allow the City to expand the hours of coverage on the lake during those times when the City can reasonably anticipate a higher degree of boating related problems. ' Funding is on a reimbursement basis. i 3. EXHIBITS: Boating Safety Scope of Work, Agreement #2009-43 ' 4. RECOMMENDED BY: Public Safety Committee, 6/9/2009 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: INTERGOVERNMENTAL AGREEMENT Lai Between WASHINGTON STATE PARKS AND RECREATION COMMISSION And KENT POLICE DEPARTMENT AGREEMENT#2009-43 THIS AGREEMENT is made and entered into by and between the Washington State Parks and Recreation Commission, hereinafter referred to as "PARKS," and the KENT POLICE DEPARTMENT hereinafter referred to as the "CONTRACTOR". IT IS THE PURPOSE OF THIS AGREEMENT to provide the professional expertise that does not exist within the limited staff availability of PARKS and that the CONTRACTOR can 1 perform on a mutually beneficial basis. This work is to establish a cooperative framework between PARKS and the CONTRACTOR to enhance the performance of boating safety and education services in the state. The goal is to reduce the number and severity of recreational boating casualties of all types associated with recreational boating and ensuring a safe and enjoyable boating environment for all users. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The CONTRACTOR shall furnish the necessary personnel, equipment, material, and/or services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2009 and be completed on June 30, 2010 unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed Twelve Thousand Seven Hundred Thirty Dollars ($12,730.00). ' Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work, which will cause the maximum payment to be exceeded. Compensation for services shall be based on the following rates and in accordance with the following terms, or as set forth in accordance with the budget in Attachment, "A" which is attached hereto and incorporated herein. ' BILLING PROCEDURE ' The CONTRACTOR shall submit an invoice no more often than quarterly. Payment to the CONTRACTOR for approved and completed work will be made by warrant or account transfer by 2009-43 Page 1 cc 155LO PARKS within 30 days of receipt of the invoice. Upon expiration of the contract, any claim for ' payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. RECORDS MAINTENANCE ' The parties to this contract shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of ' the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office , of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the , other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as ' defined by the U.S. Copyright Act of 1976 and shall be owned by PARKS. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not , be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION , Either party may terminate this Agreement upon 30 days' prior written notification to the other party. , If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 2009-43 Page 2 cc 155LO , TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, a Dispute Board shall determine it in the following manner: Each party to this agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the state of 1 Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. applicable state and federal statutes and rules; b. statement of work; and C. any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and an claim arising thereunder, is not assignable p 9 Y 9 9 or delegable by either party in whole or in part, without the express prior written consent of the other ' party, which consent shall not be unreasonably withheld. ' WAIVER A failure by either party to exercise its rights under this agreement shall not preclude that party from ' subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY 2009-43 Page 3 cc 155LO If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN , This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. PROJECT MANAGEMENT The project representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Project Representative for CONTRACTOR is: Debra Leroy The Project Representative for PARKS is Mark Kenny, Program Specialist IN WITNESS WHEREOF, the parties have executed this Agreement. Washington State Parks and Recreation Commission By: by: Title: Program Administrator Title: Date: Date: Approved As To Form Only By- Mark Schumock Asst.Attorney General ' 02/20/04 REVIEWED BY: Frank A. Galloway Date Contracts Manager 2009-43 Page 4 cc 155LO , Attachment A ' Scope of Work ' CONTRACTOR: KENT POLICE DEPARTMENT AGREEMENT #: 2009-43 ' CONTRACTOR CONTACT: CFDA NUMBER: 97-012 Debra Leroy SUMMARY PROJECT DESCRIPTION: 1 Provide federal US Coast Guard funds to approved boating programs to assist with local marine law enforcement efforts. PROJECT E T SCOPE WORK: COP OF Financial Assistance - $12,730 The funds are to assist the Contractor to maintain compliance with WAC 352-65, Boating Safety Program Approval, specifically for: 1. On-the-water patrols in recreational boating safety to maintain existing staff, increase staff, or over-time, for patrol hours; and for the maintenance and operation of patrol boats and/or 2. Providing Adventures in Boating classes to qualify graduates for their mandatory boater education card to include the cost of supplies, light refreshments and other goods & services necessary for the classes. Deliverables: At the end of the grant period the contractor will be required to provide: a. the names and % of time charged to the grant (may be hours or FTE) b. The number of AIB classes taught and number of attendees at each. ' CURRENT FUNDING: Fund/Appropriation/MI Type Amount 001 - 020 - 155LO Federal - US Coast $12, 730 ' Guard 2009-43 Page 5 cc 155LO Kent City Council Meeting Date June 16. 2009 ' Category Consent Calendar - 60 I1. SUBJECT: NORTH PARK NEIGHBORHOOD COUNCIL RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. , recognizing the North Park Neighborhood Council, supporting its community building efforts, and confer on it ail opportunities offered by the City's Neighborhood Program. The City's Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and with city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. In order to further that objective, the program encourages organization of neighborhood councils. 1 These councils serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing partnerships between City government and the neighborhoods they serve. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A ' Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, recognizing the North Park Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The North Park neighborhood is diverse and consists of ' approximately 302 housing units. The North Park neighborhood is roughly bounded to the north by Highway 167, to the east by 1st Avenue N., to the south by W. James Street, and to the west by St►, Avenue N., as depicted in the map attached and incorporated as Exhibit A. On June 1, 2009, the North Park neighborhood completed and turned in an official registration 1 North Park Neighborhood Council 1 form requesting that the City recognize the North Park Neighborhood Council, allowing it to take advantage of all the opportunities offered by the ' City's Neighborhood Program, including the City's grant matching program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recognition of Neighborhood Council. The City , Council for the City of Kent hereby acknowledges the effort and commitment of the North Park neighborhood and all those who participated t in forming the North Park Neighborhood Council. The Kent City Council hereby recognizes North Park as an official Neighborhood Council of the City of Kent, supports North Park community building efforts, and confers on the North Park Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severabilit . If an section subsectionparagraph, y , sentence, clause or phrase of this resolution is declared unconstitutional or ' invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. ' SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 North Park Neighborhood Council SECTION 4. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of June, 2009. CONCURRED in by the Mayor of the City of Kent this day of June, 2009. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of June, 2009. BRENDA JACOBER, CITY CLERK P\Gvtl\Resolution\NeighborhoodCounal-North Park docx 3 North Park Neighborhood Council EXHIBIT A 4 North Park Neighborhood Council 1 North Park e .,., + 9 vks WWI I -� $ �� £x � "Y �' { �a •-1' )gyp s t..a `�jf .' . '177 AM Mi Legend Road Edge W+E Parcels Kent CityCouncil Meeting 9 Date June 16, 2009 Category Consent Calendar - 6R 1. SUBJECT: MULTI-FAMILY RESIDENTIAL TAX EXEMPTION ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending 3 chapter 3.25 of the Kent City Code, entitled "Multifamily Dwelling Tax Exemptions," to allow for changes to the tax exemption incentive program to include both condominium and rental housing. The purpose of this ordinance is to provide an incentive for development of housing in Kent's urban center, which is consistent with the City's vision of a vibrant, mixed-use, pedestrian-friendly downtown. Provisions of the amended ordinance ensure quality design and construction by requiring parking to be structured or placed underground, by requiring mixed-use at the ground level in much of the targeted area, by requiring LEED certification or Built Green certification in the construction of residential or mixed-use buildings, and the application of downtown design guidelines as well as multifamily and mixed-use design guidelines. A five year sunset provision is included. 3. EXHIBITS: 4/7/09, 5/5/09, and 6/1/09 Memos to Planning & Economic Development Committee; Minutes of the 4/13/09, 5/11/09, and 6/8/09 Planning & Economic Development Committee Meeting; and Ordinance 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: 3� Councilmember moves, Councilmember seconds (Y ll V �✓ DISCUSSION: ACTION �r� �� 4t4 �`mil COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager \S7 K EN T Phone: 253-856-5454 W A 9 M I N O T O N Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 April 7, 2009 TO: Chair Elizabeth Albertson and Planning and Economic Development FROM: Ben Wolters, Economic Development Director Fred Satterstrom, Community Development Director RE: Revisions to Chapter 3.25, Multifamily Dwelling Tax Exemptions (#ZCA-2009-4) For the meeting of April 13, 2009 MOTION: Move to approve Ordinance No. , amending Kent City Code 3.25, related to Multifamily Dwelling Tax Exemptions. SUMMARY: Kent's Downtown is recognized as a Regional Growth Center, where a significant share of the Puget Sound Region's population and employment growth will occur. Although we continue to be successful in attracting businesses and cultural facilities, we need to increase the number of permanent residents to support the viability of our urban center. In 1998, the City Council passed a tax exemption program to encourage owner- occupied multifamily housing in Kent's Downtown (see map of Residential Targeted Area). Based on a recent review of this program's viability, coupled with changes to the relevant State legislation, staff is proposing changes to this incentive program. As an overview, property taxes are divided by the value of the land and the value of the improvements; tax relief under this program applies only to the housing improvement portion. Taxes are not exempt for any existing improvements, only multifamily housing that is added under this program. The owner continues to pay tax at the regular rate for the land, existing units and any commercial space. The owner is required to enter into an agreement with the City that establishes specific guidelines for the project and its eventual completion. Proposed major changes to the City's program include: increasing the minimum number of multifamily housing units from four (4) to thirty (30) units; Downtown Design Review principles have been added to the list of guidelines and standards; structures must be LEEDR Certifiable or certified Built Greens`"; Owner Occupancy and Condominium provisions are removed; and a five (5) year sunset provision is provided. Neighboring jurisdictions have successfully encouraged increased residential opportunities within urban centers. The result is future population growth in urban centers where a concentration of housing, commercial uses, cultural and transit opportunities are more conducive to economic vitality and a sense of community. To date, owners and/or developers have not taken advantage of the City's incentive program. It is anticipated that the proposed changes will spur program utilization. For example, removing Owner Occupancy and Condominium requirements will allow developers to reduce the risk of shifts in the condominium and sales market. BUDGET IMPACT: None BACKGROUND: As described in Vision 2040, the Puget Sound Regional Council designates Kent's Downtown as one of the Regional Growth Centers which 'play a unique and important role as locations of the region's most significant business, governmental and cultural facilities.' Regional Growth Centers are the focus of a significant share of population and employment growth and capture priority in funding opportunities. The regional expectation is for a minimum of between 20,000 and 25,000 activity units (some combination of employees and residents) within one square mile of a transit station. Within King County, the Countywide Planning Policies expect our Urban Center to include: A. A minimum of 15,000 jobs within one-half mile of a transit center; B. At a minimum, an average of 50 employees per gross acre; and C. At a minimum, an average 15 households per gross acre. Cities must continue to find new ways to meet these expectations and to create a more desirable, attractive and vibrant urban centers, especially in the area of housing. In 1995, the Washington State Legislature passed an act allowing the state's major metropolitan areas, Tacoma, Seattle and Spokane, to offer a property tax incentive that exempted property taxes for ten years for providing additional multifamily housing in areas designated by the cities. The program has since been adopted by other localities. This incentive helps to focus future multifamily growth into areas where it is most appropriate and it makes multifamily housing development projects more appealing to investors by freeing up capital and reducing operating costs. The Act has been modified recently to encourage the development of more affordable housing in urban centers. In 2007, the state revised the Property Tax Exemption program under RCW 84.14. It is no longer a 10-Year property tax exemption, but an 8-Year exemption for creating four or more new units of housing. If at least 20 percent of the units are "affordable" to low or moderate income renters or home buyers; then the housing units may be eligible for a 12-year tax exemption. In short, the multifamily dwellings tax exemption program for urban centers is intended to achieve the following: PEDC Meeting April 13, 2009 Page 2 of 5 1 • Encourage increased residential opportunities within urban centers designated by the city council as residential target areas; • Stimulate new construction on vacant and underutilized sites for multifamily housing in residential target areas to increase and improve housing opportunities; • Assist in directing future population growth in designated urban centers, thereby reducing development pressure on single-family residential neighborhoods; and • Achieve development densities which are more conducive to transit use in designated urban centers. As amended, the City's program supports many elements of the Comprehensive Plan and Council's 2008-09 Strategic Goals of becoming a unique urban center and supporting a dynamic and sustainable economy. The program also advances the 2003-2008 Economic Development Strategic Plan. Goal 1: Create a Vibrant Downtown to Serve as a Destination Retail and Community Gathering Place. Goal 3: Invest in Neighborhood Livability and Development of Neighborhood Centers. PROPOSED AMENDMENTS It is anticipated that the proposed changes will spur program utilization, while supporting the goals mentioned above. Amendments and staff analysis include: 1. The administrative role shifts from the Planning Manager to the Economic Development Director. 2. No changes to the residential targeted area are proposed (See Map). 3. If a part of any legal lot is within the RTA, then the entire lot shall be deemed to lie within the RTA; Project Eligibility, Section 3.25.040. 4. Applications will only be accepted for the construction of new multi-family housing. Plans must include a minimum of thirty (30) new housing units within a multi-story structure(s) as part of a mixed-use development, unless the mixed-use component is otherwise waived by the Administrator (e.g., street level shops with second story-residential). • Promotes densities which are more conducive to the City's urban center. 5. Downtown Design Review principles have been added to the list of guidelines and standards, Project Eligibility, Section 3.25.040. Elements of Multifamily Design Review may also be utilized. • Design review ensures that design, siting and construction of the development will provide quality pedestrian-oriented urban PEDC Meeting April 13, 2009 Page 3 of 5 environment in a manner consistent with established land use policies, the comprehensive plan, and zoning code of the City. , I • Urban Centers are characterized by compact, pedestrian-oriented development with a mix of uses. Centers provide proximity to a diverse collection of services, shopping, recreation, and jobs, as well as a variety of attractive and well-designed residences. 6. Projects must be LEEDR Certifiable as confirmed by a LEEDR certified independent third party reviewer or must be Built Green" certified; Project Eligibility, Section 3.25.040. • Promotes environmentally sustainable construction and increases community awareness of green building benefits and conservation. 7. Owner Occupancy and Condominium provisions have been removed from Project Eligibility, Section 3.25.040. • To incentivize development within the targeted area, and enhance the program's attractiveness this helps developers reduce risks associated with shifts in the condominium and sales market. 8. The Initial Application fee is set at one thousand dollars ($1,000); the fee for a Final Certificate is set at one thousand dollars ($1,000); the fee for Contract Amendments is set at five hundred dollars ($500); and the fee for Extensions is set at fifty dollars ($50). • Fees have been increased to reflect fees charged by neighboring jurisdictions and to mitigate processing costs. 9. New provisions for amendment of contracts at the conditional certificate stage. • Adds flexibility to the process. 10.New reporting provisions have been added to Section 3.25.100, per requirements under RCW 84.14. 11.Program expiration is addressed through a five (5) year sunset provision, Section 3.25.120. • Generates a window of opportunity for developers and allows the City to reassess the program's effectiveness. PEDC Meeting April 13, 2009 Page 4 of 5 Residential Targeted Area Map Residential Targeted Area Tax Exemption for Multi-family Housing Kent Downtown WCOLESr n� W CLOUDY ST ST c1dwi ST 4 - 102 = MRT46 W « E o - - - - - sr a ,- > a - - wumsam < p SAM ST zDCE _ snurr GC . ,_ * eaaxcesr r SMITH ST N DCE SM ST z w naAMon wain c Z HARRISON 7 a sr MEEKER ST V to- 1 DC _ �? (� 4� WE a Z G ,�J`' TaeowsT z W > TITUs ST - " - - DEAN _ST legend _ > i s O Oamlown Zoning O sUats a SW- ST 'a AN WilIIS St "LLIS ST _. - SWW A 3 � i �xIM� 110 Sok Geographic area of downtown Kent bordered by Titus Street, State Route 167, Willis Street and Cloudy Street, and only including zones that permit multifamily housing. P:\Planning\ZONING CODE AMENDMENTS\2009\ZCA-2009-4 MFR_TaxExemptlon\PEOC\041309_PEDC_Memo.doc Attach:Ordinance cc: Fred N Satterstrom,A1CP,CD Director Charlene Anderson,AICP,Planning Manager Ben Wolters,Economic Dev Director Diamatris Winston,Planner ProJect File#ZCA-2009-4 PEDC Meeting April 13, 2009 Page 5 of 5 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director 4^4�� PLANNING SERVICES Charlene Anderson, AICP, Manager KENT Phone: 253-856-5454 wASHiNoroN Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 May 5, 2009 TO: Chair Elizabeth Albertson and Planning and Economic Development FROM: Ben Wolters, Economic Development Director Fred Satterstrom, Community Development Director RE: Revisions to Chapter 3.25, Multifamily Dwelling Tax Exemptions (#ZCA-2009-4) For the meeting of May 11, 2009 MOTION: Move to approve Ordinance No. amending Kent PP 9 City Code 3.25, related to Multifamily Dwelling Tax Exemptions. SUMMARY: Kent's Downtown is recognized as a Regional Growth Center, where a g g t , significant share of the Puget Sound Region's population and employment growth will occur. Although we continue to be successful in attracting businesses and cultural facilities, we need to increase the number of permanent residents to support the viability of our urban center. In 1998, the City Council passed a tax exemption program to encourage owner- j occupied multifamily housing in Kent's Downtown (see map of Residential Targeted Area). Based on a recent review of this program's viability, coupled with changes to the relevant State legislation, staff is proposing changes to this incentive program. As an overview, property taxes are divided by the value of the land and the value of the improvements; tax relief under this program applies only to the housing improvement portion. Taxes are not exempt for any existing improvements, only multifamily housing that is added under this program. The owner continues to pay tax at the regular rate for the land, existing units and any commercial space. The owner is required to enter into an agreement with the City that establishes specific guidelines for the project and its eventual completion. Proposed major changes to the City's program include: increasing the minimum number of multifamily housing units from four (4) to thirty (30) units; Downtown Design Review principles have been added to the list of guidelines and standards; structures must be LEEDR Certifiable or certified Built Greens`"; Owner Occupancy and Condominium provisions are removed; and a five (5) year sunset provision is provided. Neighboring jurisdictions have successfully encouraged increased residential opportunities within urban centers. The result is future population growth in urban centers where a concentration of housing, commercial uses, cultural and transit opportunities are more conducive to economic vitality and a sense of community. To date, owners and/or developers have not taken advantage of the City's incentive program. It is anticipated that the proposed changes will spur program utilization. For example, removing Owner Occupancy and Condominium requirements will allow developers to reduce the risk of shifts in the condominium and sales market. BUDGET IMPACT: None BACKGROUND: As described in Vision 2040, the Puget Sound Regional Council designates Kent's Downtown as one of the Regional Growth Centers which `play a unique and important role as locations of the region's most significant business, governmental and cultural facilities.' Regional Growth Centers are the focus of a significant share of population and employment growth and capture priority in funding opportunities. The regional expectation is for a minimum of between 20,000 and 25,000 activity units (some combination of employees and residents) within one square mile of a transit station. Within King County, the Countywide Planning Policies expect our Urban Center to include: A. A minimum of 15,000 jobs within one-half mile of a transit center; B. At a minimum, an average of 50 employees per gross acre; and C. At a minimum, an average 15 households per gross acre. Cities must continue to find new ways to meet these expectations and to create a more desirable, attractive and vibrant urban centers, especially in the area of housing. In 1995, the Washington State Legislature passed an act allowing the state's major metropolitan areas, Tacoma, Seattle and Spokane, to offer a property tax incentive that exempted property taxes for ten years for providing additional multifamily housing in areas designated by the cities. The program has since been adopted by other localities. This incentive helps to focus future multifamily growth into areas where it is most appropriate and it makes multifamily housing development projects more appealing to investors by freeing up capital and reducing operating costs. The Act has been modified recently to encourage the development of more affordable housing in urban centers. In 2007, the state revised the Property Tax Exemption program under RCW 84.14. It is no longer a 10-Year property tax exemption, but an 8-Year exemption for creating four or more new units of housing. If at least 20 percent of the units are "affordable" to low or moderate income renters or home buyers; then the housing units may be eligible for a 12-year tax exemption. In short, the multifamily dwellings tax exemption program for urban centers is intended to achieve the following: PEDC Meeting May 11, 2009 Page 2 of 5 Encourage increased residential opportunities within urban centers designated by the city council as residential target areas; • Stimulate new construction on vacant and underutilized sites for multifamily housing in residential target areas to increase and improve housing opportunities; • Assist in directing future population growth in designated urban centers, thereby reducing development pressure on single-family residential neighborhoods; and • Achieve development densities which are more conducive to transit use in designated urban centers. As amended, the City's program supports many elements of the Comprehensive Plan and Council's 2008-09 Strategic Goals of becoming a unique urban center and supporting a dynamic and sustainable economy. The program also advances the 2003-2008 Economic Development Strategic Plan. Goal 1: Create a Vibrant Downtown to Serve as a Destination Retail and Community Gathering Place. Goal 3: Invest in Neighborhood Livability and Development of Neighborhood Centers. PROPOSED AMENDMENTS It is anticipated that the proposed changes will spur program utilization, while supporting the goals mentioned above. Amendments and staff analysis include: 1. The administrative role shifts from the Planning Manager to the Economic Development Director. 2. No changes to the residential targeted area are proposed (See Map). , 3. If a part of any legal lot is within the RTA, then the entire lot shall be deemed to lie within the RTA; Project Eligibility, Section 3.25.040. 4. Applications will only be accepted for the construction of new multi-family housing. Plans must include a minimum of thirty (30) new housing units within a multi-story structure(s) as part of a mixed-use development, unless the mixed-use component is otherwise waived by the Administrator (e.g., street level shops with second story-residential). • Promotes densities which are more conducive to the City's urban center. 5. Downtown Design Review principles have been added to the list of guidelines and standards, Project Eligibility, Section 3.25.040. Elements of Multifamily Design Review may also be utilized. • Design review ensures that design, siting and construction of the development will provide quality pedestrian-oriented urban PEDC Meeting May 11, 2009 Page 3 of 5 environment in a manner consistent with established land use policies, the comprehensive plan, and zoning code of the City. • Urban Centers are characterized by compact, pedestrian-oriented development with a mix of uses. Centers provide proximity to a diverse collection of services, shopping, recreation, and jobs, as well as a variety of attractive and well-designed residences. 6. Projects must be LEEDR Certifiable as confirmed by a LEEDR certified independent third party reviewer or must be Built Greent`" certified; Project Eligibility, Section 3.25.040. • Promotes environmentally sustainable construction and increases community awareness of green building benefits and conservation. 7. Owner Occupancy and Condominium provisions have been removed from Project Eligibility, Section 3.25.040. • To incentivize development within the targeted area, and enhance the program's attractiveness this helps developers reduce risks associated with shifts in the condominium and sales market. 8. The Initial Application fee is set at one thousand dollars ($1,000); the fee for a Final Certificate is set at one thousand dollars ($1,000); the fee for Contract Amendments is set at five hundred dollars ($500); and the fee for Extensions is set at fifty dollars ($50). • Fees have been increased to reflect fees charged by neighboring jurisdictions and to mitigate processing costs. 9. New provisions for amendment of contracts at the conditional certificate stage. • Adds flexibility to the process. 10.New reporting provisions have been added to Section 3.25.100, per requirements under RCW 84.14. 11.Program expiration is addressed through a five (5) year sunset provision, Section 3.25.120. • Generates a window of opportunity for developers and allows the City to reassess the program's effectiveness. PEDC Meeting May 11, 2009 Page 4 of 5 j l Residential Targeted Area Map Residential Targeted Area Tax Exemption for Multi-family Housing Kent Downtown C coRD ` - W COLFST L f W CLOUDY ST � a aaxmwlrn i �•T;' ST 7,_ClQ,UdIV MZST F. MRT=1-6 w= --,__ V'EoOXdE G a, Q ST WO V a' _ Q O N ^? Q• 3 W S S 240 ST SAM ST a' Q, weExrsrnar a n •- _ y -CEDM ST ¢ 0 Ad,EEfl Of i n• TrNPEnFIKE , DICE Z et ;- i GC m«id" TEhIPERANCEST, 'a SMITH ST w.i; N r z --- DCE S'MITH1 - ST ,z W HARRISON O HARRISON m - MEEKER,'!. ST- ! �y ST- -REITEN_ - tic, • �, 44, WE W , G •,�J7 'TACOMAS, - R0 ZD dF _ > TITUS ST _ Cie n n ai DEAN ST Z Legend r h N SAAR ST C -j �'-O Downtown Zoning Disinds N N Willis StWILLIS ST Q g NENT P1pMnp ScMUE Geographic area of downtown Kent bordered by Titus Street, State Route 167, Willis Street and Cloudy Street, and only including zones that permit ' multifamily housing. P:\Planning\ZONING CODE AMEND M ENTS\2009\ZCA-2009-4 MFR_TaxExemption\PEDC\041309_PEDC_Memo.doc Attach:Ordinance cc: Fred N Satterstrom,AICP,CD Director Charlene Anderson,AICP,Planning Manager Ben Wolters,Economic Dev Director Dlamatrls Winston,Planner Project File#ZCA-2009-4 PEDC Meeting May 11, 2009 Page 5 of 5 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES • Charlene Anderson, AICP, Manager K E N T Phone: 253-856-5454 WASNINOTON Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 June 1, 2009 TO: Chair Elizabeth Albertson and Planning and Economic Development FROM: Ben Wolters, Economic Development Director Fred Satterstrom, Community Development Director RE: Revisions to Chapter 3.25, Multifamily Dwelling Tax Exemptions #ZCA- 2009-4 For the meeting of June 8, 2009 MOTION: Move to approve Ordinance No. , amending Kent City Code 3.25, related to Multifamily Dwelling Tax Exemptions. Summary: At the April 131h and May 11`h meetings the Planning & Economic Development Committee reviewed a proposal to amend Kent City Code which promotes housing opportunities in Downtown via a multifamily tax exemption. The Residential Targeted Area for the tax exemption is depicted on the map in the agenda packet. Kent's Downtown is recognized as a Regional Growth Center, where a significant share of the Puget Sound Region's population and employment growth will occur. Although we continue to be successful in attracting businesses and cultural facilities, we need to increase the number of permanent residents to support the viability of our urban center. In response to committee members' concerns, staff is proposing three changes to the proposal that was presented to the committee on May filth - one to address design issues, the second to clarify vacancy requirements related to tenant displacement, and the third to require a mixed use component in the DC zoning district without a waiver. Budget Impact: None Background: In 1998, the City Council passed a tax exemption program to encourage owner-occupied multifamily housing in Kent's Downtown (see map of Residential Targeted Area). Based on a recent review of this program's viability, coupled with changes to relevant State legislation, staff is proposing code revisions to this incentive program. The proposed code amendments support many elements of the Comprehensive Plan, Downtown Strategic Action Plan, Council's 2008-09 Strategic Goals and the Economic Development Strategic Plan. Components of the proposal are listed on the next page and include the additional changes to address type of construction, the vacancy requirement related to tenant displacement, and the DC zoning district mixed use requirement. Included in the agenda packet are the design review guidelines as well as a booklet entitled A New Housing Paradigm. PROPOSED AMENDMENTS — To address committee members' concerns related to the proposal that was presented to the committee on May 11t", staff proposes the underlined text. 1. The administrative role shifts from the Planning Manager to the Economic Development Director. 2. No changes to the residential targeted area are proposed (See Map). 3. If a part of any legal lot is within the Residential Targeted Area (RTA), then the entire lot shall be deemed to lie within the RTA; Project Eligibility, Section 3.25.040. 4. Applications will only be accepted for the construction of new multi-family housing. Plans must include a minimum of thirty (30) new housing units within a multi-story structure(s) as part of a mixed-use development, unless the mixed-use component is otherwise waived by the Administrator. The Administrator may not waive the mixed use requirement in the DC zoning district. 5. Downtown Design Review, Multifamily Design Review, and Mixed Use Design Review have been added to the list of guidelines and standards, Project Eligibility, Section 3.25.040. 6. All required residential parking shall be in structured parking garages, under the building and/or underground, Section 3.25.040. 7. On Class A Pedestrian Streets, the first floor of the buildingfacing the street shall consist of residential, commercial and/or residential amenity uses, Section 3.25.040. 8. Projects must be LEEDR Certifiable as confirmed by a LEEDR certified independent third party reviewer or must be Built Green" certified; Project Eligibility, Section 3.25.040. 9. Owner Occupancy and Condominium provisions have been removed from Project Eligibility, Section 3.25.040. 10.Applications for multifamily tax exemption for new construction require a 6- month vacancy period. 11.The Initial Application fee is set at one thousand dollars ($1,000); the fee for a Final Certificate is set at one thousand dollars ($1,000); the fee for Contract Amendments is set at five hundred dollars ($500), and the fee for Extensions is set at fifty dollars ($50). 12. New provisions for amendment of contracts at the conditional certificate stage have been added. 13. New reporting provisions have been added to Section 3.25.100, per requirements under RCW 84.14, 14. Program expiration is addressed through a five (5) year sunset provision, Section 3.25.120. PEDC Meeting June 8, 2009 Page 2 of 5 --y-- ti7 JOG 6O 0 DO O� o = effl�Do. � Hai 1 `r•lt _ p• O c c cm m AT cbp IQOISih 4 wrw� w .Faana .ur 1p M T C9 a� • a tlf7La� s 'moG,a op ILT_3 o Gin o Qeo o 0 do �vI ca o 0 l7 'o ill{ D D o G� a� x4 P p A 4 Q r'Sp1 0 0 Its o a 4 0 � P dBp no D m A0� ��� o0p n09p 1, W. ,p, np O FSoyS QOAm u ua pa:uP1 Irns— D c q4 U Q coh Q $T. � n n IEY A' W�� CLASS A PEDESTRIAN STREET 1V Ir: ^liraYi :�.t3lE'�a' r�C ri n:_ i�v'F 11 .. r i:)a w w w w— CLASS)3 FEDESTRZAN STREET 'tfs?: =lileo:atu:lt;i •.-.1 '.'�' .--.-..---... ALLOY PEDESTRIAN RIGHT-OF-WAY PEDC Meeting June B, 2009 Page 3 of 5 G rmLmd F1 cior Ret -Sery ice Area. 4J ;�J..73ili6iO2L ��as ■ J■9NE d LoAls P: ■ C 7TCi J�DIG Z=T 115 Ti t � . IF WE Lxxasa G-rcrund Ftc-mr L tz1L cry:].,,—e. Use Re-gvlreci (Ord.No.3439, §2,2-2-99;Ord.No.3600,§3,5-7-02;Ord,No.3612,§3,8-6-02;Ord.No.3647,§2,7-1-03; Ord.No 3648,§4,7-1-03) PEDC Meeting June S, 2009 Page 4 of 5 Appendix 1: Residential Targeted Area Kent Downtown W COLEST WCLOUDrST ST `i Cl ST " R`^ M2 ' k i IRTF�'6;"J 0-i-i 1 } ;r �: �`i o er o < CL Q 3NOSr 1-7 SMA STMQARV k Z ¢I r y O tRsI PPE" C I � i .1 I •1 h i p �i i.l y( I �VEH t W R&RR61:N ZiiWRRISON4Re ~ '_ a LtEEKER:I J :I g; EM1f 'a z G^ �1f Trrmeu►sr z wST I Legend C3RWdWWT.7WA. WillisSt VAWS J J'--'� VKII A U� ST g . {� wemssxv�e► a� r A*18,700D rp5� Geographic area of downtown Kent bordered by Titus Street, State Route 167, Willis Street and Cloudy Street, and only including zones that permit multifamily housing. P:\Planning\ZONING CODE AMENDMENTS\2009\ZCA-2009-4 MFR_TaxExemptlon\PEDC\060809_Memo.doc Attach:Ordinance,KCC 15.09.045.F-Mixed Use Design Review,Downtown Design Review Guidelines November 2003, Multifamily Design Review Handbook-April 1994,Creating Successful Communities-A New Housing Paradigm cc: Fred N Satterstrom,AICP,CD Director Charlene Anderson,AICP,Planning Manager Ben Wolters,Economic Dev Director Dlamatris Winston,Planner Project File*ZCA-2009-4 PEDC Meeting June 8, 2009 Page 5 of 5 1 KENT W A S H I N O T D N PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES APRIL 13, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. Danielson joined the meeting at 5:15 P.M. 1. APPROVAL OF MINUTES Clark MOVED and Albertson SECONDED with Danielson's concurrence to approve the Minutes of March 9, 2009. Motion CARRIED 3-0. 2. PERMIT TIMELINE EXTENSIONS CODE AMENDMENT ORDINANCE Building Official Bob Hutchinson and Planner Katie Heinitz explained that this proposal amends Chapters 12.01 and 14.01 of the Kent City Code (KCC) to extend the resubmittal time periods for land use and building permit applications, as well as to extend the validity periods of issued building permits. Hutchinson and Heinitz explained that providing time extensions for applications and permits may help facilitate economic recovery; could help the construction industry withstand the economic downturn and help them bounce back quicker once economic conditions improve. Heinitz stated that these proposed changes are automatic and do not require individual notification to applicants of the time extensions. She stated that there is a sunset clause associated with this proposal. Hutchinson stated that the 2009 Building Code will go into effect July 1, 2010, but will not affect the applications under this proposal, as those applications would be vested under the current Building Code. Hutchinson, Heinitz and Planning Manager Charlene Anderson addressed Clark's concerns about public notification of projects. Anderson responded to Clark with respect to the prioritization of project review. In response to Albertson, Hutchinson stated that the 2009 Building Code will require residential sprinkler suppression systems unless otherwise amended by the State Building Code Council. Anderson stated that the city would not incur any financial impacts by increasing the resubmittal period to 180 days. Chair Albertson declared the Public Hearing Open. Garrett Huffman, South King County Master Builders Association, 335 116th Ave SE, Bellevue, WA 98004 voiced his support for extending the resubmittal timelines. Seeing no further speakers, Clark moved and Danielson seconded a motion to close the Public Hearing. Motion Carried 3-0. Clark Moved to recommend the City Council adopt the proposed ordinance, approving the extension of timelines for permit application resubmittals and the period of validity of issued permits as recommended by staff in code amendment file # ZCA-2009-3. Danielson Seconded the Motion. Motion Carried 3-0. I 3. MULTIFAMILY DWELLING TAX EXEMPTIONS PROGRAM Economic Development Director Ben Wolters explained that staff is proposing changes to the tax exemption incentive program to include both condominium and rental housing. Planner Diamatris Winston stated that the purpose of this program is to achieve growth management goals. This proposal applies to the Residential Targeted Area located in Kent's Downtown. He stated that in 2007 the State reduced the property tax exemption period from 10-years to 8-years when creating four or more new units of housing. Winston stated that applications accepted for the construction of new multi-family housing must include a minimum of thirty (30) new housing units within multi-story structure(s). He stated that a five (5) year sunset provision is in place that will allow the City to reassess the program's effectiveness. Wolters gave a PowerPoint presentation, showing a Sample Pro-forma on how the tax exemption program would affect a 100-unit residential development. Wolters stated that this program is intended to encourage increased residential opportunities within urban centers; and stimulate new construction on vacant and underutilized sites for multifamily housing. He stated that tax exemptions do not apply to land or commercial components. Wolters addressed questions from the committee with respect to Council approval of contracts for the individual tax-exempt projects, mixed-use components, the waiver process, the Built Greent`" Program, issues with extending the exemption program to apartment rental units, extending the tax exemption to owners upon conversion of rentals to condos, and the intent of the requirement for a minimum of 30 new housing units. Wolters clarified the intent of LEED certifiable vis-a-vis LEED certified. The following citizens spoke in support of the Tax Exemption Program: • Brad Corner, 14205 SE 36th #100, Bellevue, WA 98006 • Robert Slattery, Mondo Land Development, 14092 SE 19&St,Renton,WA 98058 • Doug Scharnhorst, Kent Downtown Partnership, 431 Clark Ave N,Kent,WA 98030 stated that he would like the 30 unit requirement reduced, that he favors mixed-use on bottom floors, and would like additional tax abatements such as exempting projects from future tax assessments by the city. • Nancy Skorupa, 26131 Woodland Way S, Kent, WA 98030 • Greg Haffner, Curran Law Firm, 555 W. Smith St., Kent, WA 98032 stated that he would like the 30 unit requirement reduced, the commercial component removed, and the Green Built concept eliminated. • Mike Miller, 24502 145th Place SE, Kent, WA 98032 • Bob Cryan, Seattle, WA Anderson addressed concerns from the committee with respect to parking issues stating that this exemption program is intended to support transit. After deliberations, Clark moved to bring this item back to the next Committee meeting to resolve issues, Danielson seconded that motion. Motion Carried 3-0. Adjournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Planning & Economic Development Committee Secretary April 13, 2009 PEDC Minutes Page 2 of 2 P:\Planning\PEDC\2009\Minutes\Apr-13-09_PEDC_Min.doc • 1400 KENT WA.S HINGTON PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 11, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Clark MOVED and Danielson SECONDED to approve the Minutes of April 13, 2009. Motion CARRIED 3-0. 2. Multifamily Residential Tax ExemRtion Update (ZCA-2009-4) Community Development Director Fred Satterstrom stated that he would focus on addressing concerns raised by the Committee from the April 13 meeting and subsequent to that meeting. Planner Diamatris Winston gave a Power Point presentation proposing four revisions to the ordinance since the April meeting. Satterstrom stated that the ordinance does not modify the zoning code. He described zones where mixed use development is allowed, and stated that this proposal outlines circumstances under which multifamily residential housing can be developed. Satterstrom stated that Multifamily Design Review (MFDR) and Mixed Use Design Review (MUDR) have been added to the compliance requirements. He addressed administrative waivers. The Committee members raised concerns regarding: vague waiver criteria, raising commercial use proportions, allowing tax exemptions too broadly, the number of units allowed for tax exemptions, the six month time frame for tenant displacement. Robert Slattery, PO Box 5028, Bellevue, WA 98009 stated that he is developing j property in the DCE zone and is opposed to the 25% requirement, stating that it would not be economically feasible for many projects. He felt that language in Sec. 3,25,020 (2) - Mixed-Use is too broad. He stated that Sec. 3.25.040 (B) -Tenant displacement should be deleted. Brad Corner, 14205 SE 36th St. #100, Bellevue. WA 98006 stated that he supports the tax exemption in the multifamily arena but does not favor the 25 percent mixed use requirement which can set development up for failure. Each development should be considered individually with respect to the waiver system. Garrett Huffman, 335 116th Avenue SE, Bellevue, WA 98004 cited other cities which have this tax exemption in place. He cautioned the Committee against legislating tax exemptions too narrowly so as not to drive development away. Andy Wangstad, PO Box 355, Kent, WA 98035 stated that he owns a building on Smith Street, and would encourage residential development in the downtown area. Greg Haffner, PO Box 140, Kent, WA stated that rigid mixed use requirements could drive development away, which could lead to the city being at risk for losing transportation funding if the city cannot meet their projected housing goals. He stated that the six month provision should be deleted. Haffner submitted a comment letter from himself as legal council on behalf of the Kent Downtown Partnership dated May 1, 2009. Mike Miller, 24502 145th Place SE, Kent, WA stated that the city needs to encourage this type of mixed use housing and not place hurtles in the way that would discourage this type of development. He voiced his support for the tax exemption program. Assistant City Attorney Kim Adams Pratt spoke about the Revised Code of Washington (RCW), and where the RCW requirements are incorporated into the ordinance. Satterstrom addressed the Committee's concerns regarding parking standards and requirements. He addressed the Committee's comments that the city should reconsider where parking boundaries should be set. Satterstrom addressed concerns related to the City's vision to make the downtown area pedestrian- friendly. Satterstrom stated that the ordinance is set up so that Kent City Council must approve contracts once an application has been approved. Pratt spoke about the process for approving contracts. Satterstrom stated that staff will reevaluate the Committee's concerns and report back to the Committee in June. 2. GMA Housing & Employment Growth Targets Planning Manager Charlene Anderson along with Michael Hubner of Suburban Cities Association reported on housing and employment growth targets under the Growth Management Act (GMA) and Countywide Planning Policies. Anderson stated that the City will begin the process in 2010 to update the Kent Comprehensive Plan by the end of 2011. Anderson stated that staff looked at Kent's Urban Center, the Midway area on West Hill, and the East Hill Commercial areas, concluding that Kent will be able to accommodate targets of approximately 8000 housing units and 17,000 jobs over the next 20 years (projected out to 2031). Hubner stated that a report will be submitted to the King County Growth Management Planning Council (GMPC) on July 15 with a growth target recommendation. Hubner stated that the GMPC is expected to make a decision on target allocations in September, after which time the targets will require ratification by the county council and cities. This report was for informational purposes only. Adjournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Planning & Economic Development Committee Secretary P\Planning\PEDC\2009\Mlnutes\May-11-09_PEOC-Mln..doc O KENT WAS H 114 G T O N PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE Sr 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Danielson MOVED and Clark SECONDED to approve the Minutes of May 11, 2009. Motion PASSED 3-0. 2. Multifamily Residential Tax Exemption Update CZCA-2009-4) Economic Development Director Ben Wolters stated that staff evaluated questions and concerns raised by the committee at the April 13th and May 11th PEDC meetings regarding the multifamily residential tax exemption update. He stated that this ordinance addresses the desire for incentivized quality development. Wolters stated that development must contribute to overall downtown viability with a mixed-use component. He pointed out criteria within the draft ordinance for evaluating projects. Principal Planner Matt Gilbert presented a series of photos that conceptualized the type of development staff proposes. He stated that the Multifamily Downtown Design Review encourages upper-level housing development with a commercial component at the base. Gilbert indicated that Sec. 3.25.040.F of the Kent City Code is amended to indicate that residential parking must be located in structured parking garages, under buildings, or underground, with a focus on an urban style of multifamily/mixed use development, and that the ordinance includes a requirement that the first floor of any building adjacent to a Class A Street shall consist of residential units, commercial, and/or residential amenity uses. Wolters stated that the mixed-use requirement was an effort to attract proposals where it would make sense within the community. He addressed the waiver component related to the mixed-use requirement, and stated that the Downtown Design Standards and Guidelines stipulate that buildings along Class A streets cannot be constructed with a solid wall along a pedestrian walkway. The Committee and staff discussed the 6-month vacancy issue, the LEED and Built Green certifications, tax incentives, design requirements, and market analysis requirements associated with projects. The following citizens spoke in favor of the multifamily dwelling tax exemption ordinance as well as voicing their concerns: Fernando Panlasiq_ui, 27116 Green River Road, Kent, WA Robert Slattery, PO Box 5028, Bellevue, WA voiced opposition to the 6-month vacancy requirements, recommending moving this on to the Full Council for their determination. Mychal Boyser, 124 4th Ave S, Suite 180, Kent, WA owner of Kona Kai stated that the City needs to revitalize the downtown core by encouraging residential development. Greg Haffner, PO Box 140, Kent. WA voiced opposition to the 6-month vacancy requirement, and on behalf of the Kent Downtown Partnership requested that staff analyze how to structure parking and retail on First Avenue. Brad Corner, 14205 SE 36" #100, Bellevue, WA voiced concern with the 6-month vacancy requirements asking the Committee to revisit this issue. Bob Cryan, Seattle, WA described alternatives to the 6-month vacancy requirement asking that this ordinance be moved forward to the Full Council. Garrett Huffman, Master Builders Association, 335 116th Ave SE, Bellevue, WA voiced his opposition to the 6-month vacancy requirement and encouraged the PEDC to review projects every six months to gauge the City's progress. Satterstrom recommended adding language that would add requirements as part of the relocation process, which in turn would show concern for those folks displaced by redevelopment. After deliberating the Committee requested amending the language concerning tenancy, with staff's concurrence. After a brief recess, Assistant City Attorney Kim Adams Pratt stated that Sec. 3.25.040.E Tenant displacement would be amended to read: "Prior to approval of an application under KCC 3.25.060, the applicant shall provide the Administrator with documentation satisfactory to the Administrator of the following: 1. all tenants of residential rental structures on the project site have been notified per state statute of the termination of their tenancy, 2. the applicant's efforts to refer tenants to similar, alternative housing resources, and 3. any other actions the applicant has taken to minimize the hardship on tenants whose tenancies will be terminated." Clark MOVED to approve the amendment for inclusion in the Ordinance related to Multifamily Dwelling Tax Exemptions. Danielson seconded the Motion. Motion Passed 3-0. Clark MOVED to approve the Ordinance, amending Kent City Code 3.25, related to Multifamily Dwelling Tax Exemptions. Danielson seconded the Motion. Motion Passed 3-0. 3, North Park Neighborhood Council Resolution Neighborhood Program Coordinator Toni Azzola presented the North Park Neighborhood Council Resolution. Azzola stated that the North Park neighborhood has completed the City's Neighborhood Program process to be recognized as a neighborhood council. She stated that the neighborhood is bounded to the north by Highway 167, to the east by 1s' Avenue N., to the south by W. James Street, and to the west by 5th Avenue N. Azzola introduced 3 North Park Board officials; Bruce Malcolm, Susan Stoddard, and Tina Budell who voiced concerns related to their neighborhood's boundaries, parking issues, and the potential for losing their historic neighborhood because of the MRT-16 zoning designations. Danielson MOVED to recommend Council adopt the proposed resolution which recognizes the North Park Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Clark seconded the Motion which Passed 3-0. Adiournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Planning & Economic Development Committee Secretary P:\Planning\PEDC\2009\M Inutes\luna.8.09_PEDC-Mln..doc PEDC Minutes 6/8/09 Page 2 of 2 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 3.25 of the Kent City Code, entitled "Multifamily dwelling tax exemptions," in order to increase the number of permanent residents to support the viability of the City's urban center. RECITALS A. Kent is a Regional Growth Center where a significant share of the Puget Sound Region's population and employment growth is expected to occur. Centers are characterized by compact, pedestrian-oriented development with a mix of uses. Centers provide proximity to a diverse collection of services, shopping, recreation, and jobs, as well as a variety of attractive and well-designed residences. B. The State's multifamily tax exemption program helps to focus future multifamily growth into areas where it is most appropriate and it makes multifamily housing development projects more appealing to investors by freeing up capital and reducing operating costs. C. In 1998, the City Council passed a tax exemption program to encourage owner-occupied multifamily housing in Kent's Downtown. The City now desires to increase the usefulness and viability of the program. 1 Multifamily Dwelling Tax Exemptions — Amend KCC 3.25 D. The goals of the amendment include: creating a vibrant downtown to serve as a destination retail and community gathering place; and to invest in neighborhood livability and development of neighborhood centers. E. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments are procedural in nature, and further SEPA analysis is not required for these local code amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 3.25, entitled "Multifamily dwelling tax exemptions," of the Kent City Code is amended as follows: Sec. 3.25.010. Purpose. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited ten (Ifti4ht-C81 year exemptions from ad valorem property taxation for multifamily housing in designated urban centers to: 1. Encourage increased residential opportunities within urban centers designated by the city council as residential targeted areas; and{- 2. Stimulate new construction on ' vacant and underutilized buildingsaftes for multifamily housing in residential targeted areas to increase and improve housing opportunities; and 2 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 3. Assist in directing future population growth in designated urban centers, thereby reducing development pressure on single-family residential neighborhoods; and 4. Achieve development densities which are more conducive to transit use in designated urban centers. Sec. 3.25.020. Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: 1. Administrator means the Kent Economic Development Director or his/her designee. 2. Mixed use means a multi-story multifamily housing residential project with at least one nonresidential use in one or more multi-story multifamily housing buildings in the project, such as retail, office, entertainment, schools, conference centers or a use approved in writing by the Administrator. 13. Multifamily housing means one or more new multi-story buildings{-s) designed for permanent residential occupancy, each with having four or more dwelling units_ •24. Owner means the property owner of record. 3 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 45. Permanent residential occupancy means multi-uii4family housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. stFuetuFes that aFe vaeant feF twelve (12) n9enths er- lengeF that aFe made te aehoeve a eendotien ef substantial eemplianee with existing building,- 6. Residential targeted area means the geographic area of downtown Kent bordered by Titus Street, State Route 167, Willis Street and Cloudy Street, and only including zones that permit multifamily housing. See Appendix 1* for map. Sec. 3.25.030. Terms of the tax exemptions for multifamily L housing in residential target areas. l A. Duration of exemption. The value of improvements qualifying under this chapter is exempt from ad valorem property taxation for ten (I%gight M successive years beginning January 1st of the year immediately following the calendar year after issuance of the final certificate of tax exemption. B. Limits on exemption. The exemption does not apply to the value of land or to the value of improvements not qualifying under this chapter, 4 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements._ in the ease ef Fehabilitatien ef existing undeF this . This chapter does not apply to increases in assessed valuation made by the assessor on nonqualifying portions of building and value of land nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. At the conclusion of the exemption period, the new housing cost shall be considered as new construction for the purposes of chapter 84.55 RCW. Sec. 3.25.040. Project eligibility. A proposed project must meet the following requirements for consideration for a property tax exemption: A. Location. The project must be located within the designated residential targeted area as defined in KCC 3.25.020, Definitions, Residential targeted area. If a part of any legal lot is within the residential targeted area, then the entire lot shall be deemed to lie within the residential targeted area. B. Tenant displacement_ Prior to approval of an application under KCC 3.25.060, the applicant shall provide the Administrator with documentation satisfactory to the Administrator of the following: 1. all tenants of residential rental structures on the project site have been notified per state statute of the termination of their tenancy, 5 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 2. the applicant's efforts to refer tenants to similar, alternative housing resources, and 3. any other actions the applicant has taken to minimize the hardship on tenants whose tenancies will be terminated. stFuetbFes that are pFepesed feF Fedevelepment. Existing dwelling units C. Size. The project must include at least €e - thirty L30I units of new multifamily housing within a multi-story _development. At least fifty (50) percent of the space within the project shall be intended for permanent residential occupancy. _A �( additienal multifamily units Fnust be added te existing eeeupied nquitifang-ly hewsing. Existing multifamily heusing that has beeig vaeant feF twelve (12� D. Proposed completion date. New construction of multifamily housing and Fehabilitatienmust be completed within three (3) years from the date of approval of the application. E. Compliance with guidelines and standards. The project must be designed to comply with the city's comprehensive plan, building, fire, housing, and zoning codes, Downtown Design Review guidelines, 6 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 Multifamily Design Review, Mixed Use Design Review if applicable, and any other applicable regulations. The project must be LEEDR Certifiable as confirmed by a LEEDR certified independent third party reviewer or must be Built Greentm certified, and must also comply with any other standards and guidelines adopted by the city council for the residential targeted area. F. Parking. All reguired residential parking shall be located in structured parking garages, under buildings, or underground. G. Class A Pedestrian Street. For buildings adjacent to a class A pedestrian street, the first floor of the building facing_ the street shall consist of residential units, commercial uses, and/or residential amenity uses. H. Mixed Use Development. The project shall be a mixed use project, unless the mixed use component is waived by the Administrator. 1. The purpose of the mixed-use requirement is to implement the intent of the land use district, maximize the efficient use of land, support transit use, and encourage the development of well-balanced, attractive, convenient, and vibrant urban residential neighborhoods. The �j additional use excludes any accessory functions related to the residential use. Unless otherwise modified or waived in writing by the Administrator, the nonresidential mixed use shall occupy at a minimum the ground floor along the street frontage with a depth of at least thirty (30) feet for any building in the project. The Administrator may not modify or waive the mixed use requirement, as provided in subsection 3.25.040.H.2, in the DC zoning District, which is governed by KCC 15.04.030(4) and (5). 7 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 2. The Administrator may waive the mixed use requirement for the purposes of this chapter, if the applicant can demonstrate that mixed use development is impractical or infeasible due to the following factors: a. size or other physical characteristic of the project's lot s b. project site is not conducive to commercial use, C. classification of street(s) abutting the project, or d. other similar type of circumstance that make mixed use impractical for the project. F. Type efeecupaney. At least fifty (50) peFeent ef the spa-.- a .,w-, Sec. 3.25.050 Application procedure. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: A. The application provided by the city shall be filed with the planning seFYiees '' �Administrator along with the required €eesinitial application fee of one thousand dollars ($1,000)._ The application shall be filed prior to the issuance of the building permit for the project. B. A complete application shall include: 8 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 1. A completed city of Kent application form setting forth the grounds for the exemption. 2. efA brief written description of the project, and floor and site plans of the proposed project, which may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City's final action on the exemption application. 3. A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible for exemption under this chapter. 4. An affidavit signed by the owner stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. 5. Verification of the correctness of the information submitted by the owner's signatureeath eF and affirmation made under penalty of perjury under the laws of the State of Washington f the .hm:tted �LI'�TT"Il'CCCQ. plans,the ex*stang units and Of the units weFe eeewpied within twelve (12) Fnenths net limited te, building details, and phetegFaphs-. 9 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 Sec. 3.25.060. Application review and issuance of conditional certificate. The planiging manager Administrator may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. A. Approval. The Planning Manage Administrator may approve the application if he/she finds that: -21. The proposed project is or will be, at the time of completion, in conformance with all applicable local plans, af4-regulations, and design guidelines. 32. The owner has complied with all standards and guidelines adopted by the city under this chapter, including but not limited to the project eligibility and application requirements. B. Contract Required. If an application is approved, the applicant shall enter into a contract with the city, approved by the City Council, regarding the terms and conditions of the project,— under this chapter. C. Issuance of Conditional Certificate. Following approval of the contract, ai:�d the planning n9anagefAd min istrator shall issue a conditional 10 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chapter. ' ED. Application Denial. If an application is denied, the planning image-Administrator shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten (10) calendar days of the denial. Per RCW 84.14.070, an applicant may appeal a denial to the city council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and Council Appeal fee with the planning city clerk. i The appeal before the city council will be based on the record made before the planning FnanaWAdministrator. The Planning ' r'sAdministrator's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the planiging Administrator's decision. The city council's decision on appeal will be final. E. Amendment of Contract. An owner may request an amendment(s) to the contract by submitting a request in writing to the Administrator, together with a fee of five hundred dollars ($500), at any time within three (3) years of the date of the approval of the contract. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in 3.25.070 are met. 11 Multifamily Dwelling Tax Exemptions — Amend KCC 3.25 Sec. 3.25.070. Extension of conditional certificate. A. The conditional certificate and time for completion of the project ' may be extended by the planning nganagefAdministrator for a period not to exceed a total of twenty-four (24) consecutive months. To obtain an extension, the applicant must submit a written request a, Iona with a processing fee of fifty dollars $50)1 stating the grounds for the extension. An extension may be granted if the planning n9anagefAdn'flnistrator determines that: a 1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; 2. The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and 3. All the conditions of the original contract between the applicant and the city will be satisfied upon completion of the project. B. If an extension is denied, the planning managefAdministrator shall state in writing the reason for denial and shall send notice to the applicant's last known address within ten (10) calendar days of the denial. An applicant may appeal the denial of an extension to the hearing examiner within fourteen (14) calendar days of receipt of the denial by , filing a complete appeal application and Appeal of Administrative Decision fee with the planning n9anagefAdg-Onistrator. The appeal before the hearing examiner shall be as provided in Ch. 12.01 KCC for a Process I 12 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 1 action. No appeal to the city council is provided from the hearing examiner's decision. Sec. 3.25.080. Application for final certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the city and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption by filing with the planning managefAdministrator the following, along with a one thousand dollar ($1,OOO) fee: A. A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; B. A description of the completed work and a statement of qualification for the exemption; and ' C. The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; ' D. Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW; and EE. A statement that the work was completed within the required three (3) year period or any authorized extension. ' Sec. 3.25.090. Issuance of final certificate. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the planning Administrator shall determine whether the specific 13 Multifamily Dwelling ' Tax Exemptions - Amend KCC 3.25 improvements satisfy the requirements of the contract, application, and , this chapter. , A. Granting of final certificate. If the planning ngaiga@eFAdministrator determines that the project has been completed in accordance with this chapter and the contract between the applicant and the city, and has been completed within the authorized time period, the city shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, ' file a final certificate of tax exemption with the King County assessor. B. Recording. The Administrator is authorized to cause to be recorded, at the owner's expense, in the real property records of the King County , Department of Records and Elections, the contract with the city, as amended if applicable, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the Administrator deems appropriate for recording. i $C. Denial and appeal. The planning managefAdministrator shall notify ' the applicant in writing that a final certificate will not be filed if the planning Administrator determines that: ' 1. The improvements were not completed within the authorized ' time period; 2. The improvements were not completed in accordance with the contract between the applicant and the city; or , 3. The owner's property is otherwise not qualified under this , chapter. 14 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 An applicant may appeal a denial to the hearing examiner within fourteen (14) calendar days of issuance of the denial of a final certificate by filing a complete appeal application and Appeal of Administrative Decision fee with the planning FnamagefAdministrator. The appeal before the hearing examiner shall be as provided in Ch. 12.01 KCC for a Process I action. No appeal to the city council is provided from the hearing examiner's decision. The applicant may appeal the hearing examiner's decision to the King County superior court, under RCW 34.05.510 through 34.05.5981 if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. Sec. 3.25.100. Annual eamplian ceElification and report. Within thirty (30) calendar days after the first anniversary of the date of filing-the city issued the final certificate of tax exemption and each ' year thereafter for the duration of the tax exemption period, the property owner shall file a notarized declaration and ' annual report with the planning manage,Administrator indicating the following: A. A statement of occupancy and vacancy of the multifamily units during the previous twelve (12) months; B. A certification that the property has not changed use and continues to be in compliance with the contract with the city and this chapter; af�d C. A description of any subsequent improvements or changes to the property made after the city issued the final certificate of tax exemption. D. The total monthly rent of each multifamily housing unit rented or the total sale amount of each multifamily housing unit sold to an initial 15 Multifamily Dwelling ' Tax Exemptions - Amend KCC 3.25 gurchaser during the twelve (12) months ending with the anniversary ' date; I E. A breakdown of the number, type and specific multifamily housing units rented or sold during the twelve (12) months ending with the anniversary date; and ' F. Any additional information requested by the city pursuant to meeting any reporting requirements under Chapter 84.14 RCW. City staff may also conduct onsite verification of the declaration and reporting. Failure to submit the annual declaration and report shall result ' in a review of the exemption per RCW 84.14.110. Sec. 3.25.110. Cancellation of tax exemption. A. If the planning FnanaW&drninistrator determines LaJ the owner is , not complying with the terms of the contract or this chapter,; (b)the use of the property is changed or will be changed to a use that is other than residential; (c) the project violates applicable zoning requirements, land use regulations, building or fire code requirements; or (d) the property for any reason no longer qualifies for the tax exemption, the tax exemption , shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. This cancellation may occur in conjunction with the ' annual review or at any other time when noncompliance has been determined. If the owner intends to convert the multifamily housing to , another use, the owner shall notify the planning manaWAdministrator and the King County assessor in writing within sixty (60) calendar days of ' the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes interest and penalties imposed pursuant to state law. 16 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 , �: rplbis inteFest, shall be tax is ealewlated based upen the difference between the pr-epeFty taX paid and the pr-epeFty tax that, weuld have been paid if it had ineluded the value en delinquent pr-epeFty taxes fFeFA the dates en whieh the additienal ffepeity tax eeuld have been paid witheut peigalty if the had been assessed at full Yalue witheut r-egaFd te this tax exemptieFv • The addpt*ena' taxes, if9teFest and penalties will beeenge a lien applieable . . 9ts. The lien has pr-iffity eveF and must be fully paid iFneictgage, judgment, debt, ebligatien, delinquent.liens feF delinqueAt Feal PFepeFty taxes. An additienal tax unpaid en its, due date is FFeffi the date of delinqueney until paid, must be ehaFged at the same rate applied by law te delinquent ad valerem taxes. B. Notice and appeal. Upon determining that a tax exemption is to be canceled, the planning managefAdmir-iistrator shall notify the owner by 17 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 mail, return receipt requested. The property owner may appeal the ' determination by filing a notice of appeal and Appeal of Administrative Decision fee with the city clerk within thirty (30) calendar days, specifying the factual and legal basis for the appeal. The hearing examiner will conduct a hearing under Ch. 12.01 KCC for a Process I action. An aggrieved party may appeal the hearing examiner's decision to the King , County superior court under RCW 34.05.510 through 34.05.598. Sec. 3.25.120. Sunset of exemption for applications for conditional certificates. The city shall not accept new applications for , conditional certificates as provided in this chapter after June 30, 2014, unless extended by City Council action. Incomplete applications for conditional certificates as of June 30, 2014 shall be returned to owners. Notwithstanding the above, the city shall process (1) pending complete applications for a conditional certificate and (2) applications for extension of the conditional certificate or final certificate received after June 30- , 2014, as provided in this chapter. This chapter shall continue to apply to all properties that have been or are issued a final certificate of tax exemption under this chapter until expiration, termination, or cancellation ' of the tax exemption. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional , or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. ' SECTION 3. - Effective Date. This ordinance shall take effect and ' be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ' 18 Multifamily Dwelling Tax Exemptions - Amend KCC 3.25 ATTEST: BRENDA JACOBER, CITY CLERK 1 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. APPROVED: day of 12009. PUBLISHED: day of , 2009. ' I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. BRENDA JACOBER, CITY CLERK (SEAL) 19 Multifamily Dwelling Tax Exemptions — Amend KCC 3.25 WASHlNGTON AV n N D z � ADAMS00 � 0 S R 167 THOMPSON AV 6 r -- - -_r1l -t-`� MADIONA Vtj mms6AV--N _.Io Z 12 _ j g _I f- --- - - I � ,-, i I I -I I rn l i ! __L � 1_ O 4 AV-S - -- I-� I ------ =� --L '- c-- �� T• 1 Im- ' �.. - - ------ cn m �- 1 -' -- � I_•; , L - tiers I� ' 7;- 'T_�� (� — `2-AV N- O -- , i I i; vl -; - -- . --- -- z 2 AV- r 1 ^i AVEi S- - I it L f� ' ��♦ L p'' - ,?- _ - 11 = .._T�_��- i_i-C� I .-i I-_ ---_ -------g_^=_�_W-�__1 AV_N=i__ _ � J ■A i -�-- Irr;yl _ ' CENTRALAV CL SCENIC WY I-"I II I ' m, L STATES--'-I IST Srare 0_ ALPINE WY `_` _ij_ m ENICWY as���3�N WOODFORDAVN KENNEBFCKAV L-------I CLARK AV Z n SON a JA AV n -- X R AV D y4 i PROSPECTAV z /w 'o lY v a g LENORAAV 0m z rn m HAZELAV CL CD CD _ In, y�� O !m m O� �sr ALVORD AV CL ' Z m m ' N SUMMIT HILLTOP AV • t 4E P, -4n WASHlNGf6N'AV I > 717T z " :t Tw.0, co THOMPSON AV C, SR-167 NA PEN AV � .;� � E- ,_J.r..' _ - � -ISOL-AV'" p X m F-5A�-S— (A 0 z Im 0- L rot W '-14 2-p-L-NL In 0- T -N- 0 L i Rd'A s- F= FF-=== F (D T T"11111 111 11 7 TR (bill] 1 -1 -1 —F-11 FTTF-jFl LGO t U! ENTRAG4V_�11-.- CL I.T�il 1111111 T S-T-�T 1 '"ALI E�l-c-1 I E, 0 T;-- CLARK AV A, c zi 5 -Aw ECTAV&!:, M OPAAY f+ 0 Q 0 m h AZEL AV'� c') A tt CD C, Q _ S.-r o 88 CL o CD �Z. R ALV CD CL 0 2 > z '-'tH�ILLTOP Kent CityCouncil Meeting 9 Date June 16, 2009 Category Other Business - 7A 1. SUBJECT: PANTHER LAKE ANNEXATION RESOLUTION 2. SUMMARY STATEMENT: On September 2, 2008, the Kent City Council adopted Resolution 1794, which declared Council's intent to submit the Panther Lake Annexation to voters. In furtherance of annexation, the City submitted its Notice of Intent to the Washington State Boundary Review Board for King County on September 5, 2008. After conducting a public hearing on the proposed annexation, the Boundary Review Board approved the City's proposed annexation on November 13, 2008, and no appeals to that decision were made. Council's adoption of this resolution will place the annexation issue before voters within the Panther Lake Annexation Area at the November 3, 2009, general election. The resolution additionally authorizes the Mayor to take those steps reasonably necessary to proceed with the election, and all post-election action required by law, should the annexation be approved by voters. 1 3. EXHIBITS: Memorandum from Community Development Director; Map of Annexation Area; and Resolution 4. RECOMMENDED BY: Council, Administration (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? Y Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: lei /V �'2 l 1�?'1 Counalmember � moves, Councilmember seconds to adopt Resolution No. setting the vote on the Panther Lake Annexation for the November 3, 2009, general election; stating the ballot proposition that will address annexation only and not assumption of existing indebtedness or approval of proposed zoning; authorizing the Mayor to administer all acts necessary to bring the election proposition before voters; and authorizing the Mayor to take all post-election action required by law if the annexation is approved by voters. ��� �} DISCUSSION: Y ACTION: COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP Director 400 West Gowe Kent, WA 98032 KENT WASHINGTON Fax: 253-856-6454 PHONE: 253-856-5454 June 9, 2009 TO: Kent City Council Members FROM: Fred N. Satterst Community Development Director CC: Mayor Suzette Cooke John Hodgson, Chief Administrative Officer Tom Brubaker, City Attorney Bob Nachlinger, Finance Director RE: Panther Lake Annexation Resolution Background: With an area of five square miles and an estimated population of 24,000 residents, Panther Lake is the largest and one of the last remaining unincorporated areas in Kent's Potential Annexation Area (PAA). Annexation of the Panther Lake area would result in a coterminous boundary between Renton to the north and Kent to the south. The addition of approximately 24,000 residents would bring Kent's total population to about 111,000. Under the Growth Management Act (GMA), unincorporated urban areas are encouraged to annex to neighboring cities since cities are the "preferred providers" of urban services. Further, King County has implemented an annexation initiative which seeks to place such unincorporated urban areas within adjacent cities. Even state law extends special financial incentives to adding such areas to cities if they exceed specified population thresholds. Timeline and Benchmarks: In its 2006 Strategic Plan, the Kent City Council established a goal of developing an annexation strategy for its PAA, including the Panther Lake area. Preliminary Ln studies were conducted and presented to the Council in 2007. Based on concerns expressed by the Council, additional studies primarily aimed at financial feasibility � and an opinion survey of annexation residents were completed in 2008, leading to a C resolution on September 2, 2008 declaring the Council's intent to annex the Y Panther Lake area. A formal Notice of Intent was filed with the King County 3 3 i MAYOR SUZETTE COOKE City of Kent Community Development Fred N. Satterstrom, AICP, Director MEMORANDUM: Kent City Council Members June 9, 2009 Page: 2 Boundary Review Board on September 5, 2008 and a BRB public hearing was held on October 28, 2008. Following the hearing, the BRB voted unanimously to approve the proposed annexation on November 13, 2008. No appeals were filed and the BRB decision became final on December 13, 2008. Recent State Legislative Action(s): I SB #6686 which was passed by the 2006 Washington State Legislature provides incentive funding for large annexations such as the Panther Lake annexation. This legislation provides a local sales and use tax that is credited against the state sales and use tax. The incentive funding is greatest for annexations over 20,000 population. During the past 2009 legislative session, there was much attention given to whether this incentive funding would be extended, particularly in light of the economic conditions in the state. A related bill was eventually passed by the Legislature and signed by the Governor which did, indeed, extend the funding as well as the deadline for commencing such annexations. This bill also allows the "grandfathering" of house-banked card games by annexing cities that prohibit such activities, a circumstance which exists in the Panther Lake area. Future Planning Issues: In addition to the gambling issue, there are other planning and operational issues that will need to be sorted out prior to the effective date of annexation but not prior to an election. One of these issues is pre-annexation zoning. While City ordinance permits areas to be annexed with "interim" zoning, this is not a desirable condition, especially with large areas. In addition, sufficient time exists to undergo a pre- annexation zoning process which allow all lands to be appropriately zoned before annexation would occur. Another issue is that of an interlocal agreement between King County and the City of Kent which would address the transfer of documents, conveyance of certain properties and tracts of land, the handling of permits and inspections already started in King County, as well as other matters. While these are important administrative tasks, they need not interfere with the important policy decision relative to annexation. MEMORANDUM: Kent City Council Members June 9, 2009 Page: 3 Recommended Action: Staff recommends that the City Council continue to move forward with the annexation of the Panther Lake area by adopting a resolution calling for an election by registered voters residing in the annexation area on November 3, 2009. The attached resolution designates July 1, 2010 as the effective date of the annexation. According to the City Attorney, approval of annexation by a majority of annexation area voters is the final discretionary decision required in order to effectuate the annexation. This means that once the election date has been set, the final decision is in the hands of annexation area voters. 5:\Permlt\Plan\City Council Packets\061609-Panther Lake Annexation-CouncllMemo.doc j-,y ISNE 170 31 a - , - -,.? J,p 4,;W, Key I Kent City Limits %V -k r— Panther Lake Annexation 4R, Tj I -1 110 b 2,000 Feet sF-I Ai 1w W- Z'St ze. A V L �nln -.2 o T-srrsr ", f 'Lie MAU A- V 2 i3l -gr Al I 7"Ti R2q �-7 pr,71 77 Ryr.'., 11 71/ -j'f 'R 1 1 Z' t;, -�rW 44.,,�- Z I ga6,- �SE rites Y 41it -A, 3.0 z tti '7 F,"Alf �qi-22�—Sif 197 "Z J. V,. IT a.m.. W4 F A;tic ),I-�ti,11-1 '240 St U el 3 11" -t 24- C1.4 -4 It 1516 v J"jJ $E 350 V., -J. 4 I; -Lif Printed 08-1 08 Panther Lake Annexation Proposed Annexation Area Boundary RESOLUTION NO. 1809 A RESOLUTION of the City Council of the City of Kent, Washington, calling for the annexation, by election, of certain territory contiguous to the City of Kent referred to as the Panther Lake Annexation Area; establishing the boundaries of the annexation area; stating the estimated number of registered voters; declaring that the City will pay the cost of the election; indicating that the ballot proposition will address annexation only and not assumption of existing indebtedness or approval of proposed zoning; authorizing the Clerk to file a certified copy of this resolution with the legislative authority of King County; stating the proposed ballot title and proposition prepared by the City Attorney; authorizing the Mayor to administer all other acts reasonably necessary to bring the election proposition before the voters within the annexation area at the November 3, 2009, general election; and authorizing the Mayor to take all post-election action required by law if the annexation is approved by voters. RECITALS A. The Growth Management Act (GMA) establishes that cities are the primary providers of urban services and encourages cities and counties to work together to define the limits of potential annexation areas. The King County county-wide planning policies established in compliance with the GMA encourage the annexation of large urban unincorporated areas by 2012. 1 Panther Lake Annexation - Submit to Voters at General Election B. The City of Kent, in conjunction with its neighboring jurisdictions and King County, has determined the limits of its Potential j Annexation Area (PAA). The area of unincorporated territory contiguous with the existing boundaries of the City of Kent, commonly known by the City as the Panther Lake Annexation area (and to the County as Kent Northeast PAA), lies within the City of Kent's PAA. The Panther Lake Annexation area consists of approximately 3,200 acres, generally bounded by the City of Renton on the north (generally along SE 192"d St. to the Benson Road, then continuing west along SE 200 Street to 100th Avenue SE), Big Soos Creek on the east, and contiguous with the existing city limits of the City of Kent on the annexation area's south and west boundaries. The legal description of the Panther Lake Annexation Area is attached and incorporated as Exhibit A. C. BY P its adoption of Resolution No. 1794 on September 2 2008 p , the Kent City Council determined that it would serve the best interests and general welfare of the City to call for an election to be held to submit to the voters of the Panther Lake Annexation area the proposal for annexation to Kent. As required by state law, the City of Kent filed its Notice of Intent with the Washington State Boundary Review Board for King County on September 5, 2008. The Boundary Review Board conducted a public hearing on the City's Notice of Intent on October 28, 2008, after which it issued its decision approving the City's proposed annexation of the Panther Lake area on November 13, 2008. No appeals of the Boundary Review Board's decision were filed. D. Resolution No. 1794 indicated an intent, to the extent reasonable and practicable, to present the Panther Lake annexation to voters at the May 2009 special election. However, City Council and staff i subsequently determined it was in the best interest to defer that date and 2 Panther Lake Annexation - Submit to Voters at General Election j to take formal action and authorize all acts necessary to place the Panther Lake annexation before the voters at the November 3, 2009, general election; to authorize and direct the City Attorney to prepare and submit the necessary ballot title and proposition to King County Division of Records and Elections; and to authorize and direct the Mayor to take all actions necessary to place the information regarding the annexation in the November 3, 2009, general election Voter's Pamphlet. Although the City Council has not yet finally determined the date the annexation, if approved, will take effect, the current targeted effective date is set for on or about July 1, 2010. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recitals Incorporated as Findings. The preceding Recitals are incorporated into this Resolution as the findings of the Kent City Council. SECTION 2. - Call for Election. The City Council has determined that annexation of the Panther Lake Annexation area would serve the City's best interests and general welfare. Accordingly, the Council has determined to call for an election, pursuant to Chapter 35A.14 Revised Code of Washington (RCW), to be held in order to submit to the voters of the Panther Lake Annexation area the proposal for annexation to Kent. The Mayor, or her designee, is authorized and directed to take those actions necessary to place the Panther Lake annexation before voters within the annexation territory at the November 3, 2009, general election. During the election, the annexation proposal shall be known as Proposition No. 1. Although the City Council has not yet finally determined the date the 3 Panther Lake Annexation - Submit to Voters at General Election annexation, if approved by the voters, will take effect, the current targeted effective date is set for on or about July 1, 2010. SECTION 3. - Boundaries of Territory to be Annexed. The boundaries of the territory to be annexed are legally described in the attached and incorporated Exhibit A to this Resolution. SECTION 4. - Estimated Number of Voters. As nearly as can be determined at this time, the estimated number of voters in the Panther Lake Annexation Area is 10,816. SECTION 5. - Cost of Election. The City of Kent will pay for the cost of the annexation election. SECTION 6. - Annexation Area Property not to be Assessed or Taxed for City's Outstanding Indebtedness. The property within the Panther Lake Annexation Area shall not, upon annexation, be assessed and taxed to pay for the City's outstanding indebtedness issued by voter ' approval or contract that the City incurred prior to, or that was existing at, the date of annexation. SECTION 7. - Annexation Area Zoning. The annexation area shall be subject to City of Kent land use and zoning regulations as provided by the Kent City Code. While the City may begin preliminary zoning and comprehensive planning efforts in advance of the general election, the City will undertake a formal zoning and comprehensive planning process immediately upon voter approval of the annexation, if that occurs. However, the City Council does not elect to conduct the pre-annexation proposed zoning regulation process as provided for in RCWs 35A.14.330 and 35A.14.340. 4 Panther Lake Annexation - Submit to Voters at General Election SECTION 8. - Certified Copy of Resolution to be Filed. The City Clerk is directed to file a certified copy of this Resolution, including all Exhibits, with the legislative authority of King County and with the Washington State Boundary Review Board for King County, and with all other public or private entities that are required by law to be similarly notified. SECTION 9. - Annexation Proposition. The City Clerk and the King County Director of Elections are authorized and directed to take those actions necessary to place the annexation proposition before the Panther Lake Annexation Area voters at the November 3, 2009, general election. The City Attorney has prepared the following ballot title for the annexation, to be known during the election as Proposition No. 1. The City Clerk is hereby authorized and directed to transmit this Proposition No. 1 to the Director of Elections in substantially the following form, with such additions, deletions, or modifications in the ballot title and proposition as may be required by the City Attorney or the King County Prosecutor: PROPOSITION NO. 1: On June 16, 2009, the Kent City Council passed Resolution No. 1809 concerning annexation of the Panther Lake Annexation Area. Shall the area of unincorporated King County known as the Panther Lake Annexation Area, as legally described in the City of Kent Resolution No. 1809, be annexed to the City of Kent? ❑ For Annexation ❑ Against Annexation The City Attorney is authorized and directed to prepare and submit the necessary explanatory statement for Proposition No. 1 to the King County Director of Elections. The City Council directs the Mayor to appoint representatives to committees to write and submit arguments advocating the approval or rejection of the annexation. The Mayor, or her designee, is 5 Panther Lake Annexation - Submit to Voters at General Election also authorized and directed to take all actions necessary to place the required information regarding the annexation in the November 3, 2009, general election Voter's Pamphlet, to submit that information to the King County Division of Records and Elections, and to take all post-election action as required by law if the annexation proposition is approved by voters. SECTION 10. - Other Actions. The Mayor, or her designee, is authorized and directed to take all other actions reasonably necessary or attendant to this annexation election process. SECTION 11. - Severabilitv. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 12. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and t affirmed. SECTION 13. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of June, 2009. CONCURRED in by the Mayor of the City of Kent this day of ' June, 2009. SUZETTE COOKE, MAYOR 6 Panther Lake Annexation - Submit to Voters at General Election ATTEST: ! BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of June, 2009. BRENDA JACOBER CITY CLERK ! P\evil\Resolution\PantherLakeAnnex-VoteGeneral Election doc ! 7 Panther Lake Annexation - Submit to Voters at General Election Exhibit A Legal Description of Annexation Area RECEIVED OCT 102008 WA State Boundary Review Proposed Annexation Area Board For King Go. All those portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, and 17, Township 22 North, Range S East, W.M., and Sections 32 and 33, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at the east quarter corner of Section 6, Township 22 North, Range 5 East, W.M.; thence southerly, along the east line of said section, to the easterly prolongation of the south right of way margin of South 200th Street; thence westerly, along said prolongation, to the west right of way margin of 100th Avenue SE, the northeast corner of the Kent City Limits as established by Kent Ordinance #3099, as recorded under King County Recording Number 9305110613, and the TRUE POINT OF BEGINNING; thence continuing westerly, along said south margin of South 200th Street and the north margin of said city limits, to the west right of way margin of 92nd Avenue South and the east line of the Kent City Limits as established by Kent Ordinance #1017, as recorded under King County Auditor's File Number 5024149; thence northerly, along said west margin-and said city limits, to the east west center of section line of said Section 6; thence easterly, along said center of section line and said city limits, to'the center of said Section 6; thence northerly, along the north south center of section line and said city limits, to the north right of way margin of South 200th Street-and the south line of the Renton City Limits as established by Renton Ordinance #5327, under King County Recording Number 20080109000833; thence easterly, along said north margin and said Renton City limits, to the westerly right of way margin of SR 515 (108th Avenue SE) and the east line of the City of Renton City Limits as described In said Renton Ordinance #5327; thence northerly, along said west margin and the Renton City Limits as i described in said ordinance, to a point 40 feet west of Highway Engineer's Station 270+40, as shown on Washington State Department of Highways Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity, SE 1961h to Carr Road; thence easterly to a point 40 feet east of Highway Engineer's Station 270+50 as shown on said right of way plan, also being the northerly margin of SE 1/9 1 j 192nd Street and the south line of thq City of Renton City,Limits as described In said Renton Ordinance #5327; thence easterly, along said north margin and the Renton City Limits as described in said ordinance, to the intersection of said north margin with the northerly extension of the east right of way margin of 124th Avenue SE, and the westerly boundary of Soos Creek Park; thence along said westerly park boundary and the adjoining roadways the following courses and distances: thence southerly, along said norther) extension and the east margin of said . , Y 9. , 124a' Avenue SE, to the north line of the south half of the north half of Government Lot 2 of said Section 4; thence easterly, along said north line, to the west margin of the Bonneville Transmission Dine Easement (Covington-Seattle Line); thence southeasterly, along said west margin, to the south line of Morford Park, as recorded in Volume 180 of Plats, pages 1-3, records of King County; thence easterly, along said line to the west line of the east 450 feet of 9 , the south half of the south half of the southwest quarter of the northeast quarter of said Section 4; thence southerly, along said west line, to the south line of the northeast quarter of said Section 4; thence easterly, along said,south line, to the west line of the northeast quarter of the southeast quarter of said Section 4; thence southerly, along said west line, to the north line of Linda Hlghlands Division No. 1, as recorded in Volume 91 of Plats, page,25, records of King County; thence generally.easterly and southeasterly , along the northeasterly line of said plat, to the north-line of.Greystone, as recorded in Volume 154 of Plats, pages 40-41, records of King County; thence easterly, along said north line, to the east line of said Section 4;- thence southerly, along said east line, 105.29 feet to the northwest corner of a tract of land conveyed to Charles R. Gardner by warrantee deed recorded under King'County Recording Number 8507090815; thence southeasterly, along the northeaster) line of said Gardner tract and Y 9 Y said park boundary, 559028'10"E 125.62 feet to an angle point in said northeasterly line; 2 1 i thence continuing along said northeasterly boundary and said park boundary, S30036'37"E 834.39 feet, more or less, to the northwest right of way margin of SE 204th Way (SE Lake Youngs Way); thence southeasterly, perpendicular to the centerline of said SE 204th Way, 100 feet, to the southeast right of way margin thereof; thence northeasterly, along said southeast right of way margin, to the west line of the east 495 feet of the southwest quarter of the southwest quarter of said Section 3, also being the west boundary of said park; thence along said park boundary, southerly along said west line, 50 feet to the northwest corner of a tract of land conveyed to Daniel John Overstreet by statutory warrantee deed recorded under King County Recording Number 9707311841; thence along the northeasterly line of the Overstreet tract and said park boundary, 554032'25"E 398.74 feet to the west line of the east.165 feet of the southwest quarter of the southwest quarter of said Section 3; thence southerly, along said west line, to the north line of the south 528 feet of said section; thence easterly, along said north line, to the west line of the southeast quarter of the southwest quarter of said Section 3; thence southerly, along said west line, to the north right of way margin of SE 208th Street (H.C. Green Road, County Rd No. 329); thence easterly, along said north margin, to the northerly extension ofthe east line of the west 270 feet of the northeast quarter of the northwest quarter of said Section 10; thence southerly, along said northerly extension and the east line thereof, to the south line of the north half of the northwest quarter of the northeast quarter of the northwest quarter of said Section 10; thence easterly, along said south line, to the east line of the west half of the northwest quarter of the northeast quarter of the northwest quarter; thence southerly, along said east line, to the southeast corner of the west half of the northwest quarter of the northeast quarter of the northwest quarter; thence westerly, along said south line, to a point on the east line of a tract of land conveyed to Karen J. Arango by Quit Claim Deed recorded under King County Recording Number 9601030485, described as the west 108.9 feet of 3 the south 400 feet of the north 860 feet, as measured along the west line, of the northeast quarter of the northwest quarter of said Section 10, said point being 200 feet north of the southeast corner of said,tract; thence southerly, along said east line, 200 feet to the southeast corner of said tract; thence westerly, along the south line of said tract, to the west line of the northeast quarter of the northwest quarter; thence southerly, along said west line, to the north-line of the south half of the north half of the southwest quarter of the northwest quarter of said Section 10; thence westerly,,along said north line, 100 feet, to the west line of the east 100 feet of the southwest quarter of the northwest quarter.of said Section 10; thence southerly, along said west line, and its southerly extension, to the south right of way margin of SE 216th Street (Albert Haverinen Road); thence easterly, along said south margin, to the-west boundary of the park property as described in warranty deeds recorded under King County Recording Numbers 9506090372, and 9506090371; thence along said park boundary as established by said warrantee deeds, S08038'08"W 155.90 feet; thence S050 32,16 E 256.57 feet; thence SOSa03'2,7"E 179.40 feet; thence S02016'36"W 119.91 feet; thence S13050'14"E 114.38 feet; thence S09057`42"E 178.35 feet thence S10045'26"E 264.27 feet; thence S45051`35"W 62.76 feet to the north line of the southeast quarter of the southwest quarter of said Section 10; thence westerly, along said north line, to the west line of the southeast quarter of the southwest quarter of said Section 10; thence souther(y;.along said west line, to the south tine of said-Section 10; 4 thence easterly, along said south line, to the southerly right of way margin of SE 224th Street (Johnson Road NO. 328); thence easterly, along said southerly margin, to the east line of the west quarter of the northeast quarter of the northwest quarter of said Section 15; thence southerly, along said east line, to the south line of the northeasc quarter of the northwest quarter of said Section 15; thence easterly, along said south line, to the east fine'of King County Short Plat No. 280062, recorded under King County Recording Number 8010150859; thence southeasterly, along said east line, to the east line of Lot B of King County Lot Line Adjustment No. 1-991-001, recorded under King County Recording Number 9903099010; thence southeasterly, along said east line, to the south line of the northwest quarter of said Section 15; thence easterly, along said south line, to the east line of the west half of said Section 15; thence southerly, along said east line, to an intersection with the east right of way margin of 140'' Avenue SE; thence southerly, along said east right of way margin, to the north line of the south 522.00 feet of the northwest quarter of the southeast quarter of said Section 15; thence easterly, along said north line, to the east line of the west 417.50 feet of the northwest quarter of the southeast quarter of said Section 15; thence southerly, along said east line, to the north line of the southwest quarter of the southeast quarter of Section 15, Township 22 North, Range 5 East, W.M. and the north line of Country Club North, Division 2, as recorded in Volume 184 of Plats, Pages 18 through 20, records of King County and the Kent City Limits as established by Kent Ordinance #3344, as recorded under King County Recording Number 9706250235; thence westerly, leaving said park boundary, along said north line and said city limits, to the north south cehter of section line of said Section 15; thence continuing westerly along the north line of the south half of the southwest quarter of said Section 15 and said city limits, to the southeast corner of the north half of southeast quarter of Section 16, Township 22 North, Range 5 East, W.M.; 5 t thence continuing westerly, along the south line of said north half, to the westerly right of way margin of 132od Avenue SE and the southeast corner of that portion of the Kent City Limits as established by Kent Ordinance #3562; thence northerly, along-the west margin of 132"d Avenue SE and said city limits, to the south line of the north half of the north half of the northeast quarter of the southeast quarter of said Section 16; thence westerly, along said south line and said city limits, to the east line of the northwest quarter of the southeast quarter of said Section 16; thence northerly, along said east line and said city limits, to the north line of the southeast quarter of said Section 16; thence westerly, along said north line and said city limits, to the southeast corner of the northwest quarter of said Section 16; thence westerly, along the south line of the southeast quarter of the northwest quarter of said Section 16 and said city limits, to-the southwest corner of said subdivision; thence northerly, along the west line of said subdivision and said city limits, to the northeast corner of the south half of the south half of the southwest quarter of the northwest quarter of said Section 1.6; thence westerly, along the north line of said subdivision and said city limits, to the east line of the.northeast quarter of Section 17, Township 22 North, Range 5 East, W.M. and the east line of the Kent City Limits as established by Kent Ordinance # 1940, as recorded under King County Recording Number 7509300621; thence northerly, along the east line of said northeast quarter and said city limits, to the south line of the north half of the north half of the southeast quarter of the northeast quarter of said Section 17; thence westerly,.along said south line and said city limits, to the west right of way margin of 116d' Avenue.SE and the southeast corner of that portion of the Kent City Limits as established by,Kent Ordinance # 2828, as recorded under King County Recording Number 8902070337; thence northerly, along.said west margin and said city limits, to the north line of the southeast quarter of the northeast quarter of said Section 17;. thence westerly, along said north line and the north line of said city limits and the north line of the Kent City Limits-as established by Kent Ordinance #2048, as recorded under King County Recording Number 7710180759, to the west line of the southeast quarter of the northeast quarter of said Section 17; 6 thence southerly, along the west line of said subdivision and the city limits as established under said Ordinance #2048 and aforesaid Ordinance #1940, to the northwest corner of the northeast quarter of the southeast quarter of said Section 17; thence continuing southerly, along the west line of said subdivision and said city limits to south line of the north 30.00 feet of the northwest quarter of the southeast quarter of said Section 17, also being the easterly prolongation of the south right of way margin of SE 232"d Street and the northeast corner of the Kent City Limits as established by Kent Ordinance #2727, as recorded under King County'Recording Number 8708120082; thence westerly, along said south line and said city limits, to the east line of the plat'of Park Orchard Division No. 4, as recorded In 'Volume 68 of plats, pages 58 through.60, records of King County; thence generally southerly, along the easterly line of said plat and said city limits, to the south line of the northwest quarter of the southeast quarter of said Section 17 and the Kent City Limits as established by Kent Ordinance #1506, as recorded under King County Recording Number 7505060484; thence westerly, along the south line of said plat and-said city limits, to the northeast corner of the southeast quarter of the southwest quarter of said Section 17 and the northeast corner of the Kent City Limits as established by Kent Ordinance #1290, as recorded under'King County Recording Number 7505060500; thence continuing westerly, along the north,line of said subdivision and said city limits, to the southeasi,corner of the northwest quarter of the southwest quarter of said Section 17 and the southeast corner of the Kent City Limits as established by Kent Ordinance #1223 under King County Auditor's File Number 5668321; thence northerly, along the east line of said subdivision and said city limits, to the"northeast corner thereof; thence westerly, along the north line of said subdivision, and the east line of the Kent City Limits as established by Kent Ordinance #2111, under King County Recording Number 7809011099, to the northeast corner of the lands described in said Ordinance #2111, also being the westerly right of way margin of SR 515 (also known as 1040 Ave SE, also known as the Benson Road SE); thence north, along said westerly margin and said city limits, to the southeast corner of the Kent City Limits as established by Kent Ordinance #2703, as recorded under King County Recording Number 8703191033; 7 thence generally northerly, along the west margin of said SR 515 and said city,limits, to the south line of the north half of the northwest quarter 6f the northwest quarter of said Section 17; thence westerly, along said south line and said city limits, to the east right of way margin of 100th Avenue SE; thence northerly, along said east margin and said city limits and the Kent City Limits as established by Kent Ordinance #3210 as recorded,under King County Recording Number 9504190117 and Kent Ordinance #3193 recorded under King County Recording Number 9411230694, to the north line of the southwest quarter of the northwest quarter of the southwest quarter of Section 8, Township 22 North, Range 5 East, W.M.; thence westerly, along said north line and said,city limits, to the northeast corner of the southeast quarter of the"northeast quarter of the southeast quarter of Section 7, Township 221 North, Range 5 East,•W.M.; thence westerly, along the north line,of said subdivision and said city limits, to the easterly right of way margin of 98th Avenue South; thence southerly, along said east margin and said city limits, to the southerly right of way margin of South 218th Street; thence westerly, along said southerly margin and said city limits and the Kent City Limits as established by Kent Ordinance #2611, as recorded under King County Recording Number 8606190789, to the southeast corner of the Kent City Limits as established by Kent Ordinance #2860, under King County Recording Number 8908240680, and the southerly prolongation of the west right of way margin of aforesaid 98th Avenue South; thence northerly, along said west margin and, its prolongation and said city limits, to the east west center of section line of said Section 7; thence westerly, along said east west center of section line and said city limits, to the southeast corner of the southwest quarter of the northeast quarter of said Section 7 and the east line of the Kent City Limits as established by Kent Ordinance #2035, as recorded under King County Recording iVumber 7708020744; thence•northerly, aloryg the,east line of said subdivision and said city limits, to the northeast corner of said subdivision; thence westerly, along the north line of said southwest quarter of the northeast quarter and said city,limits, to the southeasterly right of way margin of South 21i� Street; 8 ATTACHMENT B thence southwesterly, along said southeasterly margin and said city limits, to the west line of the east half of the northwest quarter of the northeast quarter of said Section 7 and a point on the Kent City Limits as established by Kent Ordinance *3099, as recorded under King County Recording Number 9305110613; thence northerly, along said west line and said city limits, to the northwesterly right of way margin of said South 212t' Street; thence northeasterly and easterly, along said northwesterly margin, the northwesterly right of,way margin of South 212"' Way, the northerly right of way margin of South208th Street and said city limits, to the westerly right of way margin of 100`" Avenue SE; - - r thence nvrthei ly, along said westerly margin and said city limits, to the TRUE POINT OF BEGINNING. 9 Kent City Council Meeting Date June 16, 2009 Category Other Business - 7B 1. SUBJECT: COMCAST ADD-ON FEE RESOLUTION 2. SUMMARY STATEMENT: The Federal Communications Commission (FCC) requires Comcast to file an annual report with the City which justifies its proposed rates for providing cable television services to Kent residents. Upon the City's receipt of this annual report, the City may take no action, may conduct a rate review, or may perform no additional review and issue a rate order preserving its rights. Currently, Comcast charges $,1_5-30--per month for basic service tier programming, which includes a maximum monthly rate of $14.14, plus a network add-on fee of $1.16 per month. Through forms filed with the FCC, Comcast has declared its intent to increase its maximum monthly rate to $14.78, and to continue to charge a network add-on fee of $1.16 per month, for a revised monthly rate of $15.94. The network add-on fee is allowed by the FCC to allow cable providers to recover their actual costs of upgrading to a fiber optic system. Comcast originally assessed this network add-on fee in March 1999, and has planned to continue to assess it through June 2010. It is the opinion of the City's Information Technology Department that Comcast has recovered its actual costs to upgrade its system, and this add-on fee should therefore be dropped, as it has in surrounding cities. Through discussions, the City and Comcast have agreed that in exchange for Comcast ceasing to assess the add-on fee by July 1, 2009, the City will not seek retroactive reimbursement, which agreement is similar to those reached by surrounding cities. This resolution formalizes this agreement and preserves the City's rate order rights. 3. EXHIBITS: 6/2/09 Memo to Operations Committee; Resolution; and 5/27/09 Memo from City's Cable Consultant 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Resolution No. 0 , issuing a rate order requiring Comcast to drop its network add-on fee beginning July 1, 2009, and preserving all other City rate regulatory rights. DISCUSSION: ACTION: CITY OF KENT - INFORMATION TECHNOLOGY 400 so Mike Carrington, Director 2204th Avenue South K E N T WASHFNGTON Kent, WA 98032 Fax: 253-856-4700 PHONE: 253-856-4644 June 2, 2009 To: Kent City Council Operations Committee From: Mike Carrington, IT Director Dea Drake, Multimedia Manager Subject: Resolution related to an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission (FCC) form 1240 filed by Comcast on or about April 1, 2009. MOTION: Move to recommend Council adopt the proposed Resolution No. issuing a rate order preserving City rights and requiring Comcast to drop its network add-on fee beginning July 1, 2009. SUMMARY FCC regulations require Comcast to file an annual report to the City justifying its proposed rates for Cable Television basic service tier programming (Limited Cable Package), installation charges and associated equipment. The City has the right to review these proposed rates and either 1)take no action 2)perform a full-blown rate review or 3) perform no additional review and issue a rate order preserving our rights. Details of these options and recommendations are attached in a memorandum from our Cable Consultant, Michael R. Bradley, Attorney at Law. Comcast currently charges $15.30 for its basic service tier programming; a maximum permitted rate of $14.14 plus a network add-on fee of $1.16. The recent forms filed by Comcast establish proposed rates for the period from July 1, 2009, through June 30, 2010. Under this filing, Comcast has claimed an adjusted rate of $15.94, which includes a maximum permitted rate of 14.78 and a network add-on fee of$1.16. The $1.16 per month per subscriber network add-on fee is allowed via FCC rules in order for Cable providers to recover the actual costs of upgrading to a fiber optic system. Comcast began charging this fee in Kent approximately March 1, 1999 and has included it in its current rate forms through June 30, 2010. It is our position that these costs have been recovered and this fee should be dropped, as it has in surrounding communities. We have reached a tentative agreement with Comcast whereby Comcast agrees to stop charging the network add-on fee and the City agrees that it will not seek retroactive reimbursements. This agreement is similar to those reached by other cities in the area. This resolution formalizes this action while preserving the City's rate-order rights. BUDGET IMPACT - None EXHIBITS Proposed Resolution Memorandum - Bradley & Guzzetta, Consulting Attorney's, Review of FCC forms 1240 & 1205 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission form 1240 filed by Comcast on or about April 1, 2009. RECITALS ' A. Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, authorizes local franchising authorities, such as the City of Kent, Washington (hereinafter the "City"), to regulate rates for basic cable service. The City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"). B. Comcast Cable Communications LLC, (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services," on or about April 1, 2009, purporting to set forth and justify the maximum rate it could charge to subscribers for basic cable service (hereinafter the "2009 FCC Form 1240"). C. Thereafter, the City raised a concern regarding the "pre- approved" FCC Form 1235 network upgrade add-on in the amount of $1.16 1 Comcast Service Rate per subscriber per month included with the 2009 FCC Form 1240 rate filing. Comcast has proposed to settle the matter identified by the City as set forth in June 2, 2009, letter from Comcast to the City. The City believes it is in the public interest to avoid the delay, uncertainty, and costs associated with the continued review of the 2009 FCC Form 1240 and the Preliminary FCC Form 1235, and any subsequent litigation before the FCC. D. The rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Pre-Approval FCC Form 1235. The "pre-approval" version FCC Form 1235 filed March 1, 1999, and its calculated $1.16 network upgrade add-on shall be considered the "final" version FCC Form 1235 for purposes of complying with FCC rules and the instruction for FCC Form 1235, and Comcast agrees that it is barred from filing any additional FCC Forms 1235 addressing costs incurred with respect to the network upgrade indentified in the March 1, 1999, FCC Form 1235. Both parties agree that the upgrade costs for the Kent system have been fully recovered for the applicable period represented in the form and by July 1, 2009, Comcast shall at no time charge the network upgrade add-on set forth in the March 1, 1999, FCC Form 1235. This agreement shall release Comcast from any future refund liability arising out of the March 1, 1999, filing of the FCC Form 1235 for Kent; provided, this resolution shall in no way be considered the City's indemnification of Comcast in the event that a cause of action relating to the rates that Comcast has charged is filed, and 2 Comcast Service Rate the City shall in no way be exposed to liability it otherwise would not have been exposed to absent this resolution. The City agrees that this satisfies and resolves any and all rate issues regarding the March 1, 1999, FCC Form 1235 submitted by Comcast to the City prior to the 2010 FCC Form 1240 rate filing. SECTION 2. - 2009 FCC Form 1240. With the exception of the FCC Form 1235 network add-on set forth in the March 1, 1999, FCC Form 1235, Comcast's maximum permitted rate for basic cable service, as calculated in the 2009 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period, and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. SECTION 3. - Maximum Permitted Rate. Comcast shall not charge any rate higher than $14.78, which is the maximum permitted rate set forth in the 2009 FCC Form 1240, less the FCC Form 1235 network add-on set forth in the March 1, 1999, FCC Form 1235, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. On line Al of Comcast's 2010 FCC Form 1240 filing, Comcast shall not select a rate exceeding $14.7761. SECTION 4. - Rates Less Than Maximum Permitted Rate. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 3 Comcast Service Rate SECTION 5. - Reliance by City. This resolution is based on the representations made by Comcast in its 2009 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This resolution is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation, or rate in the 2009 FCC Form 1240. SECTION 6. - Reservation of Rights. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2009 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2009 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2009 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. SECTION 7. - Written Decision. This resolution constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). SECTION S. - Public Notice. This resolution shall be released to the public and to Comcast, and a public notice shall be published stating that this resolution has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). SECTION 9. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 4 Comcast Service Rate SECTION 10. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 11. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of June, 2009. CONCURRED in by the Mayor of the City of Kent this day of June, 2009. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of June, 2009. BRENDA JACOBER, CITY CLERK P\Civil\Resolution\ComcastRate-RevisedCleanVersion.docx 5 Comcast Service Rate 1 MEMORANDUM TO: City of Kent, Washington FROM: Michael R. Bradley . Y Bradley pl�_ SUBJECT: Review of FCC Forms 1240 & 1205 (Basic Service, GUZZetta, LLC Equipment and Installation Rates) Filed by Comcast on April 1, 2009. 55 East Fifth Street Surte 1221) DATE: May 27, 2009 Saint Paul, MN 55101 P/(651)379-0900 F/(651)379-0999 We have received the rate forms filed by Comcast for this year. The forms were Attorneys at Law filed with the City on or about April 1, 2009, by Comcast of Washington IV, Inc. Michael R. Bradley-r ("Comcast"). Comcast files FCC Forms 1240 and 1205 with the City, because Stephen J. Guzzetta* the City is the designated rate regulation authority for the Kent franchise area. Joy Gullikson FCC Rate Forms 1240 and 1205 are used by Comcast to justify its proposed rates Gregory S. Uhl for basic service, installation charges and associated equipment. The current Telecommunications forms establish proposed rates for the period from July 1, 2009, through June 30, Consultant 2010, although Comcast may choose a slightly different start date for the new Jon W. Koebrick** rates. Absent City action by July 1, 2009, the rates will become effective, Legal Assistants however, the City has 12 months from the date Comcast filed its Forms 1240 and Thomas R. Colaizy 1205, in which to review and act on those forms (e.g.,by issuing a rate order that requires a refund and/or a prospective rate reduction). If the City takes no action within the 12-month review period, the City cannot at a later date order a refund or a prospective rate reduction with respect to the current rate filing. The 12- month period ends on March 31, 2010. Thus, if the City wishes to take action on the April 1, 2009 rate filings, it must do so by March 31, 2010. We emphasize that the Forms incorporate precise calculation formulas and specific inflation factors and depreciation schedules. Consequently, a detailed review is necessary to determine complete compliance with FCC Rules and Regulations and the impact of any errors on Maximum Permitted Rates on the Basic Service Tier or equipment. Under this filing, Comcast has claimed an adjusted maximum permitted rate of $15.94, which includes a maximum permitted rate of$14.78 and a network add- on fee of$1.16. Comcast is currently charging $15.30 for its basic service tier programming (Limited Cable Package), including the network add-on fee. The City has one of the highest rates in the area. In Kent, Comcast has continued to charge every subscriber an extra $1.16 per month in order to recover its costs for upgrading its system in the City back in 1998. In all likelihood these costs have long since been recovered and this fee should be dropped. The City has not reviewed the Comcast 1205 filings in recent years. At times municipalities will form a consortium to undertake such reviews. We are not aware of any such w ww bradleygu�zctta coin tAlso admitted in Wisconsin "Also adnamcd in Masiachusem and the Di,inct of Columbia "Non-attun-aaomey Professional 1 consortium this year. Without such a consortium, the cost to conduct an exhaustive review would likely be prohibitively expensive. The Cih' s' primary options for addressing Comcast's Forms 1240 and 1205 are as follows: P rY P A. Do Nothing. , The City could elect to perform no review of the Forms 1240 and 1205, and allow Comcast's proposed basic service and equipment rates and installation charges to become final upon the expiration of the 12-month review period. 1. Potential Benefits "Doing nothing" is contemplated by and permissible under the FCC's rules. See, e.g., 47 C.F.R. § 76.933(g)(2). No action or expenditure of funds is required. The City would remain certified to regulate rates and could review and act on future rate filings from Comcast. 2. Potential Drawbacks Once the 12-month review period expires, the City loses its right to order refunds or a prospective rate reduction concerning the rates and charges Comcast calculated and implemented. This would be the case even if it is later determined that the rates and charges imposed by Comcast were incorrect or unreasonable under FCC rules. Another potential problem is that Comcast may claim that the City cannot properly evaluate data and calculations used in the current rate forms as part of a future rate review, since the City arguably missed the opportunity to do so during the appropriate 12-month review period. In the future, it would be difficult to argue against any methodology used by or error committed by Comcast in this rate filing since (i) the City had the opportunity to undertake a review and declined to do so and(ii) the City has in the past completed a review of Comcast's prior rate filing and thereby established a precedent that the City understands and acknowledges the responsibilities associated with rate regulation. Further, it may be difficult to obtain some important information for future rate proceedings if the City takes no action at all on the instant rate filing, since Comcast could(and +� likely would) argue that such information is no longer relevant or that identified issues are moot. Lastly, subscribers could allege that the City failed to discharge its fiduciary responsibilities as a certified rate regulation authority. B. Perform No Additional Review and Issue a Rate Order Preserving Your Rights. The City could forego a substantive review of the Forms 1240 and 1205 filed April 1, 2009, and issue a rate order that neither approves nor disapproves Comcast's proposed rates, but preserves any rights you may have going forward. Such an order would have to be adopted within the 12- month review period provided for under the FCC's rate regulation rules. 2 1 1. Potential Benefits The City would not need to spend the time or funds on a substantive review of Comcast's rate forms. At the same time, the City may be able to preserve all of its rights for the future to look at the data and calculations in the current forms, to the extent permitted by applicable law. Such an approach may maximize the available options as a rate regulation authority while minimizing the financial commitment necessary to acting substantively on the Forms 1240 and 1205. 2. Potential Drawbacks This approach would require an expenditure of funds to draft the rate order itself, along with necessary notices, and to engage in limited discussions with Comcast on acceptable rate order language, if necessary. Since similar rate orders were drafted for prior rate filings in other local jurisdictions, we anticipate that rate orders addressing the current filing could be prepared relatively inexpensively (probably for between $1,000 to $2,000 for all the orders and notices that need to be written, which amount would be split amongst participating rate regulation authorities). Any rate order issued could be appealed by Comcast, especially if no agreement on language can be reached. We were, however, able to reach an agreement in prior years in other local jurisdictions. Consequently, we do not believe that an appeal is likely with respect to any similar rate orders adopted this year. That said, Comcast could appeal any rate orders adopted pursuant to this option. Responding to an appeal would, of course, require the dedication and expenditure of funds. Depending on the complexity of the issues involved, the cost of defending against an initial appeal typically runs from $5,000 to $15,000. Such an amount would be split amongst similarly situated rate regulation authorities. Please note that if the City does not specifically address Comcast's proposed rates before the 12- month review period expires, it is unlikely that changes could be implemented at a later time. Notwithstanding that fact, the City may be able to make corrections to the current rate filing in the course of reviewing a subsequent filing and flow those corrections into a rate order addressing the subsequent filing. Comcast, however, would likely argue that all problems with the April 1, 2009, Forms 1240 and 1205 are beyond the scope of a future rate proceeding. C. Perform a Full-Blown Rate Review. The City could perform a full-blown substantive analysis of the FCC Forms 1240 and 1205 filed by Comcast. Such a review would entail the issuance of data requests and a detailed analysis of Comcast's rates and supporting documents. Appropriate rate orders would be drafted and adopted within the 12-month review period, based on the findings contained in the report that would be prepared by a financial consultant. The City would need to act quickly if selecting this option because of the significant amount of time necessary to complete a detailed rate analysis. 1. Potential Benefits The City would be able to determine whether Comcast's proposed calculations and rates comply with FCC rules and decisions. Refunds and prospective rate reductions could be ordered, as necessary. Reasonable rates, that follow FCC precedent and reflect a competitive environment, �� 3 J3 orders. In the end subscribers would be protected against could be imposed m your rate o unreasonable basic service, equipment and installation rates, and you would have fully discharged your duties as a certified rate regulation authority. This approach may be the most popular with subscribers, since the City would be zealously advocating their interests. 2. Potential Drawbacks It is likely that a detailed substantive review would be long, expensive and difficult. As in previous reviews of basic service, equipment and installation rates, we anticipate that Comcast would resist providing a significant amount of necessary information, thereby compelling us to devote significant resources to document and information production. We also anticipate that there would be legal disputes about the scope of our review, the financial consultant's findings, and the processes we followed in conducting our review. Any detailed review of equipment rates will almost inevitably lead to intractable differences of opinion concerning Comcast's national aggregation of equipment costs. In the end, any basic service rate reductions imposed may be offset by corresponding increases in other service rates (e.g., expanded basic service rates and premium service rates). As importantly, if Comcast's filings contain a mistake that is favorable to subscribers, that mistake would need to be fixed in the course of any substantive review. It is highly unlikely that any errors that might be identified during a detailed review would result in basic service rate adjustments that are more beneficial than the adjustment resulting from Comcast's own mistake. As indicated above, any review of Comcast's proposed equipment and installation rates would be very difficult and very controversial. Furthermore, it is likely that any rate orders adopted would be appealed, especially if the City decided to address any fundamental flaws in Comcast's nationalized equipment and installation ratemaking methodology. As previously mentioned, defending against appeals can be very expensive, depending on the complexity of the issues involved. We should also note that the FCC would likely grant a stay of our rate orders, pending the outcome of an appeal, which means the rate orders would not be effective unless and until we prevailed on the merits of the appeal. Historically, rate appeals have taken years to conclude. Further, even if we win on appeal, it is possible that Comcast could file additional appeals, which could delay the effectiveness of our rate orders. It is therefore possible that subscribers may not enjoy the benefits of a detailed review for three to five years. Excluding the costs of an initial appeal (the costs of which were approximated above), we estimate that the legal costs associated with this option would be between $5,000 and $15,000. The accounting costs associated with this option would be approximately $27,000-$30,000 (excluding travel and travel-related costs and the costs of appeals). 4 14 Recommendation ' We are pleased that Comcast has agreed to permanently drop the $1.16 per subscriber fee, which will save subscribers in Kent about $309,205 per year. Over 5 years, the savings amounts to over$1.5 million. We recommend that the City pursue Option B (preservation of rights order), which will include in the rate order the elimination of the $1.16 fee. We also do not recommend inaction, since the City risks losing certain rights, and because Option B rate orders can be prepared inexpensively, in light of previous experience. 1 5 ' Kent City Council Meeting Date June 16, 2009 ' Category Other Business - 7C ' 1. SUBJECT: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT ORDINANCE ' 2. SUMMARY STATEMENT: Pursuant to discussion before the City Council at Council's last meeting, the Mayor has prepared the attached ordinance, which ' would restructure and reorganize City departments to bring all permitting and economic development functions within one newly created department, the "Economic and Community Development Department." A memo from the Mayor's Office that explains the changes in more detail is attached. 3. EXHIBITS: Memo and ordinance ' 4. RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No ' 6. CITY COUNCIL ACTION: Councilmember move , Councilmember seconds to adopt Ordinance No. , whic is intended to expedite the local permitting process by reorganizing existi i ra-departmental permitting functions into a new, single department to be k wn as the "Economic and Community Development Department." ' DISCUSSION: i1� ACTION: 1 ' OFFICE OF THE MAYOR Suzette Cooke, Mayor KENT 5 H I N O i O M MEMORANDUM Date: June 17, 2009 To: City Council Members From: Mayor Suzette Cooke ' Re: Reorganization In an effort to support your strategic goals for economic development and to improve our service to the public, I am presenting for your approval a plan to establish an Economic and Community Development Department. This new department would consist of the current Community Development Department, the Engineering Development Division of Public Works and the ' Economic Development staff in the Mayor's office. While attempting to implement the Permit Panel's recommendations ' presented to you earlier this year, it became clear there is need for stronger linkage and communication among the professions that serve the public through the permit process. Consolidation of these work groups makes the most sense. I've asked Ben Wolters to lead the new department and serve as our city's single point person to coordinate and oversee our economic growth as a ' regional center. I am confident Ben has the experience and connections to propel Kent as a destination for business, good paying jobs and quality neighborhoods. Building regulations at all levels of government continue to complicate what used to be simple projects. As we pull out of this recession, we need to be ' able to attract quality investors, residential builders and projects. We need to also attract top-notch employers to provide the best jobs for our residents. ' Having an efficient process in place will allow us to do just that. 1 r r r r ORDINANCE NO. r AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 2 of the Kent City Code, entitled "Administration and Personnel," to reorganize City departments, offices, and boards. r ' RECITALS A. For more than a year, Kent citizens, developers, and City staff have been reviewing the development permit review and approval process. B. As a result of that analysis, City administration determined Y that the permit process could be significantly enhanced if City departments were restructured so that all permit processing functions were administered from a single, unified department. C. Accordingly, the City Council has determined to restructure City departments consistent with this goal, moving all permit processing functions into a new City department to be known as the Economic and Community Development Department. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: r 1 Amend Title 2 KCC - City Departments, Offices, Boards r ORDINANCE SECTION 1. — Amendment to Section 1.01.100 KCC. Section 1.01.100 of the Kent City Code, entitled "Conflict Amending Code Sections," is amended as follows: Sec.1.01.100. Conflict Amending Code Sections. A. Intent. The current version of the Kent City Code reflects an iterative drafting process that has been developed and amended over the , life of the City. In particular, various councils have elected to reorganize the City's departmental structure at various times in order to meet the , demands of a growing city and changing laws. Because of this ongoing process, despite best efforts, it is not always possible to capture and resolve all conflicts that may arise within the code. B. Definition of References Made. References to specific departments 'pe c or specific department directors or generic references to "department" or "director" should be construed to refer to the department or director that has authority over the code subject or function in question as established in Title 2, Subtitle 2, of the Kent City Code, entitled "Departments and Offices." Any otherwise unreasonable conflict amending code sections shall be resolved in favor of the section most recently enacted. , SECTION 2. — Amendment to Ch. 2.09 KCC. Chapter 2.09 of the Kent City Code, entitled "Departments," is amended as follows: ' CHAPTER 2.09. DEPARTMENTS Sec. 2.09.010. Established. There are hereby established departments of the City of Kent as set forth in Chs. 2.10 through 2.30 2-.2$ KCC as follows: Ch. 2.10, Employee Services Department; 2 Amend Title 2 KCC - City Departments, Offices, Boards , Ch. 2.12, Finance Department; Ch. 2.14, Information Technology Department; Ch. 2.20, Legal Department; 1 Ch. 2.22, Police Department; Ch. 2.24, Fire Department; Ch. 2.26, Parks and Community Services Department; ai:+d Ch. 2.28, Public Works Department-:Land Ch. 2.30, Economic and Community Development Department. These departments shall report to the Mayor, or his or her designee, ' unless otherwise provided in this Title 2 KCC. with the exeeptien ef the SECTION 3. — Amendment to Ch. 2.28 KCC. Chapter 2.28 of the Kent City Code, entitled "Public Works Department," is amended as follows: ' CHAPTER 2.28. PUBLIC WORKS DEPARTMENT ' Sec. 2.28.010. Department created. There is hereby created the public works department for the purpose of performing all public works functions of the City, except for public and private development permitting functions. The department shall be supervised by the director of public works who shall serve as its director and who shall have complete charge of all of the work and who shall be responsible for hiring and supervising employees of the department. The department, through the director, shall report to the chief administrative officer or his or her designee. The divisions of the public works department which report to the director of public works are as follows: t1. Engineering; 2. Street maintenance and operations; 3. Fleet services; 3 Amend Title 2 KCC - City Departments, Offices, Boards 4. Water; S. Sewer, storm water, and drainage utility; and 6. Solid waste. Sec. 2.28.020. Director of public works — Position created. There is created a position known as the director of public works. Sec. 2.28.030. Appointment. The director of public works shall be appointed by the Mayor in accordance with the provisions of the City of Kent Policies and Procedures Manual solely on the basis of his or her professional qualifications with special emphasis on professional experience and education and demonstrated knowledge of accepted practices relating to the duties of his or her office. The director of public works shall report to the chief administrative officer. Sec. 2.28.040. Qualifications. The public works director must shag' have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university and have at least ef—five (5) years' experience in a st�per�+seymanagement engineering capacity. It is preferable, although not a requirement of the position, that the director be a graduate of a duly accredited four (4) year college or university in civil engineering and have a certificate of registration with the state board of registration for , professional engineers and land surveyors. If the public works director is not a registered professional engineer, the public works director shall ' ensure that the deputy public works director or City engineer is a professional engineer. t 4 Amend Title 2 KCC — City Departments, Offices, Boards Sec. 2.28.050. Responsibilities — Duties. The director of public works shall organize and supervise each division that reports to him or her pursuant to KCC 2.28.010 in the most efficient manner possible so that the interests of the citizens of the City shall be best served. The director of public works shall coordinate engineering done for the City by consultants and have ultimate responsibilities for all such projects. The director of public works shall create an effective working relationship between the ' department of public works and all other City departments. The director of public works shall supervise each of the divisions reporting to him or her and make periodic reports to the chief administrative officer. Sec. 2.28.060. Powers and duties. The general powers and duties of the director of public works shall be to: 1. Supervise and assist in the engineering, surveying, and tdrafting work involved in public works and improvements of the City or its utilities such as preparation of estimates, plans, specifications, reports and recommendations, and public improvements. 2. Supervise the keeping of plans, plats, maps, drawings, ' dedications, final estimates, and specifications relating to City proiectsaffa+Fs. f3. Be responsible to the Mayor for the construction, inspection, and repair of public streets and City-owned utilities, and provide technical ' and advisory engineering assistance to other departments of the City. Sec. 2.28.070. Salary. The salary of the director of public works shall be that as established in the City's annual budget. SECTION 4. — Repealer of Ch. 2.29 KCC. Chapter 2.29 of the Kent City Code, entitled "Offices," is repealed in its entirety. SECTION 5. — Amendment to Ch. 2.30 KCC. Chapter 2.30 of the Kent City Code, entitled "Planning Office," is amended as follows: 5 Amend Title 2 KCC - City Departments, Offices, Boards CHAPTER 2.30. ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT^' wNNING IG , Sec. 2.30.010. Department Created. The economic and community development department is created for the purpose of , performing all public and private permitting and development review functions. The economic and community development department director shall supervise the department and shall have complete charge of all of the work in the department and shall be responsible to hire, supervise, and discipline department employees. The department, through the director, shall report to the chief administrative officer or his or her designee. The functions of the economic and community development department shall be as follows: A. Community planning; , B. Permit processing; C. Development engineerinq; ' D. Building code development review and inspection; , E. Critical Areas and stormwater development permitting review; F. Code enforcement; and G. Economic development. , Sec. 2.30.020. Economic and Community Development Director — Creation and Appointment. The position of economic and community development director is created and shall be subject to appointment by the Mayor in accordance with the provisions of the City of Kent Policies and Procedures Manual. Sec. 2.30.030. Qualifications. The economic and community development director must have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university and 6 Amend Title 2 KCC - City Departments, Offices, Boards , have at least five (5) years' experience in economic and community development permit processing or similar fields. 2.30.040. Duties and Powers. The economic and community development department director shall have the following duties and powers: A. To examine, review, condition, deny, or approve all aspects of public and private development permits issued by the City, including public and private street, utility, and other infrastructure construction. B. To operate all economic development functions within the City to encourage and support new residential and business development and redevelopment. C. To operate the duties and responsibilities of the planning division, as specified in this chapter. D. To implement the building codes, under the state Building Code Act, when examining, modifying, conditioning, approving, or denying_building plans and when conducting building inspections. E. To collaborate with affected departments on inspections of all development extensions or connections to public utilities. F. To conduct code enforcement of all areas of the City code that implement the duties and powers vested in the economic and community development department. ' Sec. 2.30.OS0. Salary. The salary of the economic and community development director shall be that as established in the City budget. 7 Amend Title 2 KCC - ' City Departments, Offices, Boards Sec. 2.30.06001-G. Planning Division - sAuthority. The City Council hereby declares its intention to perform all planning functions under Chapter 35A.63 RCW regarding planning and zoning in code cities. Sec. 2.30.0629ZA. O ieePlanninci Division Created. There is t created the planning divisionef#iee, which shall serve as the City planning agency in conjunction with the land use and planning board. The planning divisionef€iee shall perform planning and zoning functions, conduct plan reviews I eedes—, Land perform other duties as established by the City Council. The divisionef#iee shall be supervised by the economic and community t development director . Sec. 2.30.06497e. Planning Division Duties and responsibilities Office. The planning divisionef+ee shall have the following duties and responsibilities. A�. The planning divisionef#+ee shall be responsible for all planning ' matters, including, but not limited to, comprehensive plan formulation and amendments, annexation zoning, and the zoning code, subdivision code, and other assigned codes. It shall be the duty of the planning divisioneffiee to set the agenda for the land use and planning board hearings, workshops, and meetings.., to prepare all materials, such as agendas, staff reports, and special reports for the land use and planning board-- to collect, and to analyze and use technical data to determine logical matters of urban development within the City. The planning divisione€f+ee shall be responsible for preparing and updating the comprehensive plan and preparing amendments to the zoning code, the subdivision code, and any , other related codes or ordinances. B-2. Under the direction of the economic and community development director, Tthe planning divisionef#iee shall advise the Mayor and City Council on planning matters. The planning divisionef€+ee may carry out 8 Amend Title 2 KCC - City Departments, Offices, Boards special projects at the request of the City Council which requests shall be forwarded to the economic and community development department through the office of the Mayor. C3. The planning divisionageffey shall be responsible for all planning matters, including, but not limited to, comprehensive plan formulation and amendments, annexation zoning, zoning code, subdivision code, and other assigned codes. It shall be the responsibility of the planning division to prepare the plans and codes for these planning matters and the responsibility of the land use and planning board to hold public hearings on these plans and codes when advised to do so by the planning division . The planning divisione€€+ee shall forward items for consideration to the land use and planning board. _The land use and planning board, after holding one (1) or more public hearings, shall forward its recommendation en the planning effiee' pFepesals to the City Council for final action. The Council may hold public hearings and perform other related functions on specific planning matters in addition to or in lieu of delegating this function to the land use and planning board. Sec. 2.30.0660". Planning Division - Planning directormatager - Position created, arnd salary, and appointment. There is hereby created the position of City planning directore}anager who shall be appointed by the economic and community development director , in accordance with the provisions of the City of Kent Policies and Procedures L Manual sek4y-on the basis of professional experience, education, and demonstrated knowledge of accepted practices relating to the duties of the divisione#+Ee. The salary of the planning director shall be that as established in the annual City budget. All references in the Kent City Code to the planning manac�erdi:e� with respect to the functions of the 9 Amend Title 2 KCC - City Departments, Offices, Boards planning divisione#iee as set forth in this codeehapteF, shall mean the planning directo aneger. See; 2.30.090. Quallifieations. The planning FAanager must ha Sec. 2.30.0684-G@. Planning Division — Planning director - Duties and responsibilities Manager. A. The planning directornganageF shall be in charge of the planning divisione€€iee. The planning director ate shall prepare an annual planning program and an annual budget to implement this program. The divisione€fiee shall represent the Citye€ i-e before government agencies and the public as deemed necessary. The planning directore=ranageF or a designated planning staff member shall be present at all City Council and land use and planning board meetings and public hearings. The planning director ger- shall perform such other duties as the economic and community development directorelgief administr-ative effiee may direct or as may be required by the laws of the state. B. The planning directolmaeager, or his or her designee, shall act as the State Environmental Policy Act (SEPA) responsible official as set forth in Ch. 11.03 KCC. be that as established in the aignual eity budget. Sec. 2.30.070. Building official — Position created and appointment. There is hereby created the position known as building official. The building official shall be appointed by the economic and 10 Amend Title 2 KCC - City Departments, Offices, Boards ' community development director in accordance with the provisions of the City of Kent Policies and Procedures Manual on the basis of professional experience, education, and demonstrated knowledge of accepted practices relating to the duties of the office. Sec. 2.30.072. Building Official - Qualifications. The building official must have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university, have at least three (3) years' experience in the field of building and land develolment, be familiar with the international and uniform building codes, or have experience in a similar field as deemed appropriate to the position by the appointing authority. Sec. .30.074. Building Official - Duties and ROwers. It shall be the duty of the building official to examine building plans and perform building inspections as prescribed by the Kent City Code. The building official shall perform such other duties as the economic development director, or his or her designee, may direct or as may be required by the laws of the state. SECTION 6. - Repealer of Ch. 2.40 KCC. Chapter 2.40 of the Kent City Code, entitled "Building and Development Services Office," is repealed in its entirety. SECTION 7. - Repealer of Ch. 2.42 KCC. Chapter 2.42 of the Kent City Code, entitled "Permit Center," is repealed in its entirety. SECTION & - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 11 Amend Title 2 KCC - City Departments, Offices, Boards SECTION 9. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2009. APPROVED: day of June, 2009. PUBLISHED: day of June, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) , BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Reorganization-EconomicDevelop&CommDevelp docx 12 Amend Title 2 KCC - City Departments, Offices, Boards Kent CityCouncil Meeting 9 Date June 16, 2009 Category Bids - 8A 1. SUBJECT: WEST VALLEY HIGHWAY SANITARY SEWER REPLACEMENT 2. SUMMARY STATEMENT: The Bid opening for this project was held on June 3, 2009 with six (6) bids received. The low responsive bid was submitted by Riverton Construction in the amount of $120,949.87. The Engineers estimate was $126,547.35. The bid submitted by Kamins Construction was non- responsive. The Public Works Director recommends awarding this contract to Riverton Construction. 3. EXHIBITS: Memorandum dated 6/9/09 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember L1411y moves, Councilmember /&1YAt&z seconds to authorize the Mayor to enter into a contract with Riverton Construction in the amount of $120,949.87 for the West Valley Highway Sanitary Sewer Replacement project. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director Address: 220 Fourth Avenue S. K ENT Kent, WA. 98032-5895 W A S H I N G T O N Phone: 253-856-5500 Fax: 253-856-6500 DATE: June 9, 2009 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: West Valley Highway Sanitary Sewer Replacement The bid opening for this project was held on June 3, 2009 with six (6) bids received. The low responsive bid was submitted by Riverton Construction in the amount of $120,949.87. The Engineer's estimate was $126,547.35. The bid submitted by Kamins Construction was non-responsive. The Public Works Director recommends awarding this contract to Riverton Construction. Bid Summary: 1. Kamins Construction $ 98,095.55 2. Riverton Construction $120,949.87 3. Rodarte Construction, Inc. $146,211.52 4. Scott Construction $153,249.08 5. Archer Construction $165,212.12 6. Olson Brothers Construction $190.004.18 Engineer's Estimate $126,547.35 U\PWCommittee\2009\ToCouncil\061609,doc REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT � �C �UQ � � �hB. MAYOR 4 1 U Cc` C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE 11Q Bj:t - 4� �V E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE —4vr6� G. PUBLIC WORKS H. ADMINISTRATION I S REPORTS FROM SPECIAL COMMITTEES iCENT WA.S HI NOTON OPERATIONS COMMITTEE MINUTES MAY 5, 2009 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:05 p.m. 1. APPROVAL OF MINUTES DATED APRIL 21, 2009 Thomas moved to approve the minutes of the April 21, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. MONTHLY BUDGET SUMMARY (Informational Only) Finance Director Bob Nachlinger gave a brief overview of the budget results through March 31, 2009. Nachlinger referred to the Building Permit and Plan Check Fees charts beginning on page 13 of the agenda. The chart on page 15 indicates revenue actually received, which for building permits so far is 33% under budget for the year. Clark questioned that since the ShoWare Center is in fact financed by revenue bonds, if the revenue base is pretty much where it should be at this point. Chief Administrative Officer John Hodgson noted that the annual projection of events is 110, currently at 95. Bottom line is that we will better know in July where we will end for the year. Clark questioned if any news on the levee matching money situation. Hodgson advised that, as would be discussed at Council, $10 million has been approved in the state budget and is waiting for the Governor to sign the bill. Clark posed a question to Economic Development Director Ben Wolters as to whether there is anything on the immediate horizon involving commercial development. Wolters advised that there is a lot of sitting on the sidelines, although there is some planning and development going on. There is also a lot of wait and see as far as the outcome of the legislative action with regard to extending permit deadlines. The et ng adjourMl a 4-32 p Nan y Clary Operations C mittee Secr ry Al 1 1 ENT W A 3 N I M Q T Q R PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 11, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Clark MOVED and Danielson SECONDED to approve the Minutes of April 13, 2009. Motion CARRIED 3-0. 2. Multifamily Residential Tax Exemption Update (ZCA-2009-4) Community Development Director Fred Satterstrom stated that he would focus on addressing concerns raised by the Committee from the April 13 meeting and subsequent to that meeting. Planner Diamatris Winston gave a Power Point presentation proposing four revisions to the ordinance since the April meeting. Satterstrom stated that the ordinance does not modify the zoning code. He described zones where mixed use development is allowed, and stated that this proposal outlines circumstances under which multifamily residential housing can be developed. Satterstrom stated that Multifamily Design Review (MFDR) and Mixed Use Design Review (MUDR) have been added to the compliance requirements. He addressed administrative waivers. The Committee members raised concerns regarding: vague waiver criteria, raising commercial use proportions, allowing tax exemptions too broadly, the number of units allowed for tax exemptions, the six month time frame for tenant displacement. Robert Slattery, PO Box 5028, Bellevue, WA 98009 stated that he is developing property in the DCE zone and is opposed to the 25% requirement, stating that it would not be economically feasible for many projects. He felt that language in Sec. 3.25.020 (2) - Mixed-Use is too broad. He stated that Sec. 3.25.040 (B) -Tenant displacement should be deleted. Brad Corner, 14205 SE 36th St. #100, Bellevue, WA 98006 stated that he supports the tax exemption in the multifamily arena but does not favor the 25 percent mixed use requirement which can set development up for failure. Each development should be considered individually with respect to the waiver system. Garrett Huffman, 335 116th Avenue SE, Bellevue, WA 98004 cited other cities which have this tax exemption in place. He cautioned the Committee against legislating tax exemptions too narrowly so as not to drive development away. Andy Wangstad, PO Box 355, Kent, WA 98035 stated that he owns a building on Smith Street, and would encourage residential development in the downtown area. Greg Haffner, PO Box 140, Kent, WA stated that rigid mixed use requirements could drive development away, which could lead to the city being at risk for losing 2 i transportation funding if the city cannot meet their projected housing goals. He stated that the six month provision should be deleted. Haffner submitted a comment letter from himself as legal council on behalf of the Kent Downtown Partnership dated May 1, 2009. Mike Miller, 24502 145t" Place SE, Kent, WA stated that the city needs to encourage this type of mixed use housing and not place hurtles in the way that would discourage this type of development. He voiced his support for the tax exemption program. Assistant City Attorney Kim Adams Pratt spoke about the Revised Code of - Washington (RCW), and where the RCW requirements are incorporated into the ordinance. Satterstrom addressed the Committee's concerns regarding parking standards and requirements. He addressed the Committee's comments that the city should reconsider where parking boundaries should be set. Satterstrom addressed concerns related to the City's vision to make the downtown area pedestrian- friendly. Satterstrom stated that the ordinance is set up so that Kent City Council must approve contracts once an application has been approved. Pratt spoke about the process for approving contracts. Satterstrom stated that staff will reevaluate the Committee's concerns and report back to the Committee in June. 2. GMA Housing & Employment Growth Targets Planning Manager Charlene Anderson along with Michael Hubner of Suburban Cities Association reported on housing and employment growth targets under the Growth Management Act (GMA) and Countywide Planning Policies. Anderson stated that the City will begin the process in 2010 to update the Kent Comprehensive Plan by the end of 2011. Anderson stated that staff looked at Kent's Urban Center, the Midway area on West Hill, and the East Hill Commercial areas, concluding that Kent will be able to accommodate targets of approximately 8000 housing units and 17,000 jobs over the next 20 years (projected out to 2031). Hubner stated that a report will be submitted to the King County Growth Management Planning Council (GMPC) on July 15 with a growth target recommendation. Hubner stated that the GMPC is expected to make a decision on target allocations in September, after which time the targets will require ratification by the county council and cities. This report was for informational purposes only. Adiournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Planning & Economic Development Committee Secretary P\Planning\PEDC\2009\Minutes\May-11-09_PEDC-Min doc • KENT W.s , aro. CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES May 12, 2009 COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair The meeting was called to order by Chair Ron Harmon at 5:03 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the April 14, 2009 meeting. The motion was seconded by J. Danielson and passed 3-0. 2. National Night Out August 4t" - INFO ONLY Police Chief Steve Strachan introduced Public Education Specialist Terri Morford who is working with Block Watch groups for this year's event. Target is the national sponsor. 3. King County Citizen Corp grant application AUTHORIZE Terri Morford explained funds will be used to reprint Neighborhood Watch booklets. J. Danielson moved to authorize the Kent Police Department's application for the King County Citizen Corps grant in an amount not to exceed $5,000. The motion was seconded by L. Thomas and passed 3-0. 4. Keep America Beautiful - Graffiti Hurts $2,500 grant - AUTHORIZE Public Education Specialist Sara Wood explained funds will be used to help reduce graffiti in the community. L. Thomas moved to authorize the Kent Police Department to apply for the Graffiti Hurts grant in the amount of $2,500. The motion was seconded by J. Danielson and passed 3-0. S. Nighttime Seatbelt Enforcement $7,000 grant, Washington Traffic Safety Commission - ACCEPT Chief Strachan explained the grant would fund officer overtime during emphasis dates. J. Danielson moved to recommend that Council authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $7,000. The motion was seconded by L. Thomas and passed 3-0. 6. Reduce Underage Drinking $2.400 grant, Washington Traffic Safety Commission - Accent Public Education Specialist Stacy Judd explained that funds provide officer during compliance checks with Liquor Control Board members. L. Thomas moved to recommend that Council authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant not to exceed $2,400. The motion was seconded by J. Danielson and passed 3-0. 7. Sober Truth on Preventing Underage Drinking Act Grant application - AUTHORIZE Stacy Judd explained the funds would be used to expand strategies to prevent underage drinking. J. Danielson moved to approve the Kent Police Department's request to apply for the Sober Truth on Preventing Underage Drinking Act Grant. The motion was seconded by L. Thomas and passed 3-0. S. FY 2009 Office of Juvenile Justice and Delinquency Prevention Grant - AUTHORIZE Chief Strachan explained the proposed use of funds for juvenile diversion strategies. L. Thomas moved to authorize the Kent Police Department's request to apply for the FY 2009 Office of Juvenile Justice and Delinquency Prevention Grant. The motion was seconded by J. Danielson and passed 3-0. 9. Offender Reentry Program Grant, FY 2009 Department of Health and Human Services - AUTHORIZE Chief Strachan explained comprehensive offender reentry strategies would be funded. J. Danielson moved to authorize the Kent Police Department's request to apply for the Offender Reentry Program grant. The motion was seconded by L. Thomas and passed 3-0. 10. Recovery Act: Edward Byrne memorial Justice Assistance Grant - AUTHORIZE Chief Strachan explained the funds would provide equipment for the PATROL regional L. Thomas moved to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant on behalf of the PATROL task force in an amount not to exceed $34,638. The motion was seconded by J. Danielson and passed 3-0. 11. Boating Safety, Washington State Parks and Recreation Commission grant - AUTHORIZE Chief Strachan explained the funds would be used for officer overtime on Lake Meridian. J. Danielson moved to approve the Kent Police Department's request to apply for the Boating Safety grant from Washington State Parks and Recreation Commission. The motion was seconded by L. Thomas and passed 3-0. 12. Santiam Emergency Equipment Goods and Services Contract - AUTHORIZE Fire Chief Jim Schneider explained that replacement personal protective equipment would be purchased from Santiam. L. Thomas moved to recommend that Council authorize the Mayor to sign the Goods and Services Contract with Santiam Emergency Equipment. The motion was seconded by J. Danielson and passed 3-0. 13. King County Office of Emergency Management $100,000 grant - ACCEPT & AUTHORIZE Chief Schneider explained the funds would provide a Zone Coordinator. J. Danielson moved to recommend placing this item on the Consent Calendar of the May 19, 2009 Council Meeting, accepting the reimbursable grant monies not to exceed $100,000 and authorizing the Mayor to sign the contract with King County Office of Emergency Management to receive the funds. The motion was seconded by L. Thomas and passed 3-0. Public Safety Committee Minutes 2 May 12, 2009 14. Terrorism Research Center Consultant Services Agreement - AUTHORIZE Chief Schneider explained the consultant would be paid from the grant from King County Office of Emergency Management discussed in Item #13. J. Danielson moved to recommend that Council authorize the Mayor to sing the contract with consultant to enhance Zone 3 Emergency Management Planning. This agreement directly coincides with the King County Office of Emergency Management grant on the agenda The motion was seconded by L. Thomas and passed 3-0. 15. Driving While License Suspended 3 - INFO ONLY Chief Strachan explained the procedure when drivers are charged with DWLS3. 16. False Alarms update - INFO ONLY Chief Strachan introduced Community Education Unit Program Supervisor Aaron Hasenoehrl who gave an update on the false alarms procedure. 17. Police Budget update - INFO ONLY Chief Strachan reviewed the status of the 2009 budget. The meeting adjourned at 6:00 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 3 May 12, 2009 PUBLIC WORKS COMMITTEE MINUTES May 18, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Member Ron Harmon and Debbie Raplee were present. The meeting was called to order at 5:00 p.m. ITEM 1- Approval of Minutes Dated May 4, 2009 Committee Member Ron Harmon moved to approve the minutes of May 4, 2009. The motion was seconded by Debbie Raplee and passed 3-0. ITEM 2— Illicit Discharge Detection and Elimination Ordinance National Pollutant Discharge Elimination System Coordinator, Shawn Gilbertson explained that currently the Kent City Code prohibits the introduction of pollution into the City's storm water system (KCC 7.05.150), that the code does not meet all of the requirements of the Western Washington Phase II Municipal Stormwater Permit (Phase II Permit) issued to the city under the National Pollutant Discharge Elimination System (NPDES). This code amendment prohibits illicit discharges (pollutants) into the City's Municipal storm sewer system and provides for escalating enforcement procedures for violations. This ordinance will help preserve water duality and protect fish and wildlife in surface waters within and downstream of the City limits. Gilbertson stated that the code defines illicit discharges or contaminants. Public Works Director Larry Blanchard stated that staff will educate citizens through public outreach efforts. In response to Committee concerns, Asst City Attorney Susan Jensen stated that the list of possible discharges is not a comprehensive list and is intended to be used only as examples of what could give rise to illicit actions. Raplee moved to authorize Council adopt an ordinance creating an Illicit Discharge Detection and Elimination Ordinance related to the City's storm water system, and amending the Kent City Code (KCC) to implement the program, including; amending KCC 7.05.140, entitled, "Permits"; repealing KCC 7.05.150, entitled "unlawful Discharges Monitored-Director's Emergency Authority"; amending title 7 to add a new chapter 7.14, entitled "Illicit Discharges"; and amending KCC 15.08.050, entitled "Performance Standards". The motion was seconded by Harmon and passed 3-0. ITEM 3 —Commute Trip Reduction T Plan and Ordinance Update Commute Trip Reduction Program Coordinator, Monica Whitman summarized that the Washington State Legislature passed the Commute Trip Reduction (CTR) Efficiency Act in 2006, whereby State policy requires local jurisdictions, regional transportation planning organizations, transit agencies and employers to develop and implement a new set of requirements. In February 2008, the City of Kent's Commute Trip Reduction Local Plan was unanimously approved by the Washington State Commute Trip Reduction Board. In June of 2008 the Transportation Master Plan (TMP) was adopted, incorporating the Kent CTR Local Plan by reference. The CTR is a sub-plan of the TMP; however, it needs its own Ordinance for enforcement of state law. Staff recommends approval of this ordinance adopting the City's CTR Plan and amending Kent City Code Chapter 6.12. Whitman stated that some key changes to the ordinance reflect; a switch from annual to biannual CTR reporting, with a goal in place for the City and individually affected employers (100 or more employees) to work together to reduce drive-alone trips by 10% and vehicle miles traveled by 13% by 2011. Whitman stated that CTR employers will be conducting employee commute surveys in August and September. She will report back to committee U:\PWCommittee\Minutes\PWMinutes 05 18 09 doc r 2 PUBLIC WORKS COMMITTEE MINUTES May 18, 2009 ■ with updates upon compiling the results of those surveys. She gave a power point i presentation. Harmon moved to recommend the City Council adopt the Commute Trip Reduction Ordinance (CRT) KCC 6.12 update and adopt the CTR Local Plan, upon concurrence of the City Attorney and the Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 —Accept Funds East Valley Hiahwav Stimulus Packaae Engineering Supervisor, Chad Bieren along with Design Engineering Manager Mark Howlett reported that staff applied for federal stimulus finding for the East Valley Highway Improvement Project (Local Improvement District 362) in December 2008 through a competitive application process developed by the Puget Sound Regional Council. East Valley Highway was one of only nine roadway projects in King County awarded funding through the American Recovery and Reinvestment Act (ARRA). The $2 million grant will be added to existing federal and state grants, funding from LID 362, and city funding (as required) to complete the project. Raplee Moved to recommend authorizing the Public Works Director to accept American Recovery and Reinvestment Act (ARRA) funding through agreement with the Washington State Department of Transportation Highways and Local Programs office. The motion was seconded by Harmon and passed 3-0. ITEM 5 — Fund Interlocal Aareement Sub Regional Opportunity Environmental Engineering Manager, Mike Mactutis explained that the King County Flood Control District was established by the Metropolitan King County Council to protect public health and safety, regional economic centers, public and private properties and transportation corridors. The Interlocal Cooperation Agreement will allow the City of Kent to receive Opportunity Funds for the years 2008 and 2009. The City, in its application for those funds, has designated that they be used on the Horseshoe Bend Levee Project. Mactutis stated that the Horseshoe Bend - Levee repairs will begin in one month; however, they will not affect homeowners. Blanchard stated that specific areas on the levee may impact some building sites in order to complete repairs. Harmon Moved to recommend the Mayor sign the Sub-Regional Opportunity Fund Interlocal Cooperation Agreement, direct staff to accept the funds, and establish a budget for the funds to be spent within the Horseshoe Bend Levee Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 6 — Information On/VZResidential Traffic Calming Program Update Transportation Engineering Specialist, Rob Knutsen and Design Engineering Supervisor Chad Bieren reported on the Residential Traffic Calming Program. He stated that staff met with the South Ridge Development (SE 282"d St.) at Horizon Elementary to discuss options. The City will complete construction of a traffic circle in the Mill Creek Neighborhood (Jason Ave N and Cedar S) by the end of June. The Scenic Hill Neighborhood (Reiten Road and SE 2671" St.) installed a device that displays speed and records traffic activity. The Scenic Vista Neighborhood (104th Ave SE and SE 2641h) will have completed the installation of pedestrian crosswalk lighting by the end of June. Information Only No Motion Required U:\PW Committee\Minutes\2009\May 18 09.doc PUBLIC WORKS COMMITTEE MINUTES May 18, 2009 ITEM 7—Information Only/King County Metro Transit-Update Commute Trip Reduction Program Coordinator, Monica Whitman reported that there is a 100 million dollar King County Metro shortfall resulting in route reductions occurring as early as June 2010. She stated that she is the staff lead for the Suburban Cities Association for the Regional Transit Committee. Ranniger questioned if additional routes would still be added along Central Avenue. Senior Transportation Planner Cathy Mooney stated that those routes are part of the Transit Now Partnership which is not in jeopardy. She stated that routes may be reevaluated along Central Avenue/East Valley Highway in partnership with surrounding jurisdictions. Mooney stated that the city is committed to transit services and is on track to add a new route 913 serving the Lakes and Riverview. She stated that transit may cut back 20% of its service reiterating that partnerships can be negotiated with other jurisdictions. The city will continue to foster relationships with other communities. Blanchard stated that staff will report back to Committee. Information Only No Motion Required ITEM 8—Information On/y/Horseshoe Bend Improvements Environmental Engineering Manager Mike Mactutis along with Deputy Director Tim LaPorte reported on the Horseshoe Bend Improvements. Mactutis spoke about the Briscoe Levee, initially built in the 30s and rebuilt in the 60s, stating that today's levees are built in a similar fashion. LaPorte stated that there is a problem certifying the City's levees because as-builts are unavailable. Mactutis referred to a "Lower Green River Mapping Study Draft Floodplain and Floodway" which relates to the Horseshoe Bend Levee. He indicated that if a breach were to occur in a specific section of the levee that protects residential and business areas, water would flow towards Renton. LaPorte stated that staff submitted a request for $10 million dollars to the State which the City received for use on Horseshoe Bend Levee repairs. He stated that the city will need to acquire parcels of property to repair those areas of the levee that require it to be set back. The levee is four miles in length and it will take four to five years to complete reconstruction. Mactutis stated that the Corps of Engineers will be performing repair work beginning in June, at five sites where repairs are designated. He stated that King County has been allotted 60 million dollars over the next ten years. Laporte stated that the City will be responsible to acquire additional funding earmarked specifically for levee repairs. He cited selling bonds for storm drainage. Blanchard stated the city will be responsible for purchasing right of way. LaPorte stated that the city will need a total of 33 million dollars and will need to acquire right of way to complete levee repairs, a four to five year process. He stated that the city has received half the funds. Mactutis reported that the Howard Hanson Dam (built in 1961) sustained damage during the last major storm. Two depressions formed in the east side embankment of the dam. The Corp of Engineers is still evaluating the problem and will have completed their analysis by this summer with a long term fix scheduled out over seven years. LaPorte stated that staff is proposing to raise a portion of the South 259t" Street elevation by approximately 4 to 5 feet to eliminate flooding risks, at a cost of six million dollars. U:\PW Committee\Minutes\2009\May 18 09.doc PUBLIC WORKS COMMITTEE MINUTES May 18, 2009 Northwest Hydraulics Consultants has been hired to analyze the project. The City could raise this section of South 259th Street immediately as an interim fix and permanent line of defense as the Corp of Engineers intends to only analyze the Howard Hanson Dam this year. Blanchard announced that a meeting is scheduled for Thursday, May 21s' from 10 am to 12 pm at the Showare Center, facilitated by Kent's Chamber of Commerce Transportation Connectiveness Committee to discuss the Transportation Master Plan and funding. Information Only No Motion Required Adiourned• The meeting was adjourned at 6:25 p.m. Next Scheduled Meeting for: Monday, June 1, 2009 Pam Mottram Administrative Secretary 1 1 1 U:\PW Committee\Minutes\2009\May 18 09.doc CONTINUED COMMUNICATIONS EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION c i