Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/21/2010 CITY OF KENT City Council Meeting Agenda 3 September 21 , 2010 1 Mayor Suzette Cooke 1 i Jamie Perry,Council President Y37 f 1 Councilmembers Elizabeth Albertson Ron Harmon Dennis Higgins _ t Deborah Ranniger ' Debbie RapleeO KENT i WASH I NOTON �r Les Thomas CITY CLERK i a]c[W00135 I � 4 KENT CITY COUNCIL AGENDAS KENT September 21, 2010 WA', I �C.,O„ Council Chambers ' MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** ' COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time A. Intergovernmental Issues 50 minutes 1. State Initiatives Doug Levy 2. King County Public Safety Sales Tax Measure Michelle Witham 3. Suburban Cities Nominations Jamie Perry 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 1 A. Public Recognition B. Community Events C. Geneva Obenchain Proclamation ' D. Mayor's Day of Concern for the Hungry Proclamation E. National Public Lands Day Proclamation F. Public Safety Report 5. PUBLIC HEARINGS A. 2011 Budget B. 2011-2016 Capital Improvement Plan 6. PUBLIC COMMENT t7. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None I (Continued) COUNCIL MEETING AGENDA CONTINUED rC. Washington Traffic Safety Commission Target Zero Teams Memorandum of Understanding Grant - Accept D. Parking Restrictions Amendments, Ordinance - Adopt E. Department of Ecology Municipal Stormwater Capacity Grant - Accept F. U.S. Geological Survey Joint Funding Agreement - Authorize G. Panther Lake Elementary Sewer Extension Bill of Sale - Accept H. Tri Med Ambulance Bill of Sale - Accept ' I. Excused Absence for Councilmember Albertson - Approve 8. OTHER BUSINESS None 1 9. BIDS None 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Pending Litigation 12. ADJOURNMENT !' NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com 1 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. CC) _ o� va ?-moc 3 aEi o >�s C apv� � w C v OD m C c N m Y o0 v m N U� C Loo 4 umw 'EEIw-'o paci '-°a.uLv,dL2 �' U V C .Y o a c V u vi A 3 N u a L C N c c-ap •w rao o o m o0 W, o N_n 3 o O E b c '�° _ .c 3 E-a v v C° o ti ou u aCCo � uO �> � Ey� E� � m � ococOoa rmV cv • �G�� C �L > a T v�i p � � O. � � V =O N � �O Q-o Q S L 3 0 m O O c a ' v �� ami � E ca `� aOo` m aiE� E J �' vCcoo Ev c ro a W O L N O w O =v '^ J p U CEQm �Q 0-E 24 i uu ° � _ W) 0 v i-om .� N UJ ° ova v.. -• yr � � LLA �o vo > m 'uEa� E E S EA L _'_•>J-a�J d C).Jop c�>N O v T` u C v U O E Eo-LVE iEE a ao O E O.N U -0 - c C,O O Om� V aU � u vu CD 5 F LnoEn UK�°Oi'. o ao O � Em > E ~ E U OEVo s E ~ c- m = ' M i r c o c T C J V Ul TL m N ' b0 Cl ° 6i C g J a O fJ N O N m O N 3 Y > C r Y O N C=t C '^ N C) O.O O.L o U N C F- d M E b0"� to c • c vs E"" °EFL-�-p �� �Vy E E -8 u c° m �', E c 3 y g'� o c�.c� c E '^� o �' � Z V CfQ N �- � E M� .` cF' OEro p o O u ro a v v - E °- a E u o u ti E c E N re p ro rF- arss3m.J Q .Fc- -oEv�oodo cco��v �. � uE H o� ovvc E LE L m0 Oo pm ° wca ° � > EEo rm �V U Oppapw�a�p� a�o�U . V U ac[� `a F° i E • o > vO O v n Z j J ` m 3 E E E s C m • C V p 0 E o E V U V o m z u V U M O M T u O m J v N LLI T O U N F C EC) O >- o m p c m > O cc V V a w d w m m QL r0 C c IDj L N N v C 0 O- OL.. O N rUo 000 4: Y U V va O 0 C m Y C J 0 0 O m C Op-U L u v C • v E � >' 'm^ Ou � ` Ew 3 m T m ro o o �a 0 E U c „ m v c� �� m� o� • V L i ro �' N O O L a Ou n v L C J N CFv c0 >.� c L >- E � O O '6 Q c v v Q•p�.� c O a Ev mmu o.� o EmQOUa N � a� aro _ aEV.�3u ° a s u "-a3i nvOmvaaa nuroQU > IL � E cL < >vO QroU`� n COUNCIL WORKSHOP 1 A) INTERGOVERNMENTAL ISSUES i i 1 1 1 1 t 1 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 B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) GENEVA OBENCHAIN PROCLAMATION D) MAYOR'S DAY OF CONCERN FOR THE HUNGRY PROCLAMATION E) NATIONAL PUBLIC LANDS DAYS PROCLAMATION t F) PUBLIC SAFETY REPORT 'W ereas, today we honor Geneva Obenchain, Customer Service Assistant for the city of Xent, who has spent the Cast 48 years, since September, 1962, in dedicatedservice to the residents of.Cent; and V.- ereas, Geneva's 48-year tenure has afforded her a variety of positions at the City of Xent: Chief Communications Operator in the Police Department; Customer Service Representative in the City CCerk's Office; worked in the Police Department as the Traffic Violation Bureau CCerk; workedpart- time as a Court Clerk in the Xent Municipal Court, and Cater transferred to the Finance Department as an .Accounting Technician where she processed business licenses and utility billing. Geneva continued her exceCCent customer service in the maiC room operations andpurchasing untiCher retirement; and 'Whereas, Geneva undoubtedly has said the words "City of.?Cent" more than any other employee having answered city teCephones over the Cast 48 years; and 70liereas, Geneva's decision to retire after a remarkable career wilt afford her an opportunity to spendquaCity time with her family andfriends; and 70liereas, her feCCow City of Xent employees and elected City officiaCs wish her all the best in retirement, andwilCcetebrate her many contributions to our community; NO-W, T7-tEREFORE, I, Suzette Cooke, -Mayor of the City of Xent, do hereby proclaim the day of September 30, 2010 as EN 'V-1 OBE c LArX DAY" In the City of .?Cent, "Washington, and I encourage aCC citizens to recognize and appreciate the immense contribution that Geneva Obenchain has made to the city of .Kent and its residents. In witness whereof, I have hereunto set my hand and caused the seat of.?Cent to be affixed this 21st day of September, 2010 % " '� � Si, ze a Cooke J4ayor \70000001C I KENT WASHINGTON e t PROCLAMATION Whereas, the City of Kent recognizes adequate nutrition as a basic goal for each citizen; and Whereas, no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and Whereas, food banks, emergency and hot meal programs stretch resources and strive each day to stem the rising tide of hunger, but still need more help; and > Whereas, we believe that when Kent citizens learn of the especially serious needs of the hungry as winter approaches and budgets are stretched further to increasing costs--an outpouring of community assistance will follow; and Whereas, the Emergency Feeding Program coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, and will be held at grocery stores throughout King County on Saturday, September 25, 2010; NOW THEREFORE, I, Suzette Cooke, Mayor of Kent, do hereby proclaim September 25, 2010 as MAYOR'S DAY OF CONCERN FOR THE HUNGRY In the City of Kent, Washington, and I encourage all citizens to join with the Emergency Food Program and our food banks to help feed those who are hungry. Donate food and volunteer for a shift at a participating store on September 2Stn In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 21st day of September 2010. I C5:u tte Cooke, Mayor [CENT W A 5 H I N O T 0 N PROCLAMATION WHEREAS, according to the U.S. Department of Agriculture, invasive species cost billions of dollars in economic and environmental losses; and WHEREAS, National Public Lands Day keeps the promise of the Civilian Conservation Corps, the three million Americans that worked from 1933-42 to preserve and protect America's natural heritage; and WHEREAS, National Public Lands Day began in 1994 with 700 volunteers, and last year 150,000 volunteers — including 74 in Kent - worked in 2,000 locations in every state; and WHEREAS, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities; and WHEREAS, connecting with others and working together through volunteer service unite the diverse groups in our community to undertake and complete a successful project; and WHEREAS, the City of Kent and volunteers in the Kent community can once again 3oin together for a common goal to improve facilities in Kent and keep the toll of invasive species from rising; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the week of September 25, 2010 as National Public Lands Days at Turnkey Park in the City of Kent, Washington, and I encourage all citizens to join me in recognizing that every citizen can play a role in the stewardship of our environment. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 21st day of September, 2010. S zett"e Cooke, Mayor 40 l 11 J' t KENT WASH I N G T O N I{ Kent City Council Meeting Date September 21, 2010 Category Public Hearings - 5A 1. SUBJECT: 2011 BUDGET (FIRST PUBLIC HEARING) 2. SUMMARY STATEMENT: This is the first public hearing on the 2011 budget. Public input is welcome as the City begins to prepare for its 2011 budget. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance 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: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date September 21, 2010 Category Public Hearings - 5B 1. SUBIECT: 2011-2016 CAPITAL IMPROVEMENT PLAN (FIRST PUBLIC HEARING) 2. SUMMARY STATEMENT: This is the first public hearing on the 2011-2016 Capital Improvement Plan. Public input is welcome. i t 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC COMMENT 1 Kent City Council Meeting Date September 21, 2010 ' Item No. 7A - 7B CONSENT CALENDAR 7. City Council Action: - Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion 1 Action 7A. Aporoval of Minutes. Approval of the minutes of the regular Council meeting of September 7, 2010. 7B. Approval of Bills. Figures are not available. 1 ' � Kent City Council Meeting KENT WPSrvIN GTaN September 7, 2010 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) Albertson CHANGES TO THE AGENDA A. From Council Administration, Staff. (CFN-198) Mayor Cooke added Public Communications Item F, Civil Service Recognition. Perry moved to adopt the agenda as amended. Thomas seconded and the motion carried. B. From the Public. (CFN-198) Nothing was added. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced a retrospective celebrating the 90" birthday and the artwork of Danny Pierce. She also spoke about the up- coming National Public Lands Day, Re Leaf at Clark Lake Park, and Make a Difference Day. ' C. Smoke-Free Teens Back to School Week Proclamation. (CFN-155) Mayor Cooke proclaimed the week of September 6, 2010, Smoke-Free Teens Back to School Week, and presented the proclamation to Fisher Qua of the Washington Health Foundation. D. Constitution Week Proclamation. (CFN-155) A proclamation declaring September 17 through 23, 2010, as Constitution Week was presented to Liz Walker of the Lakota Chapter of the Daughters of the American Revolution. E. Economic Development Report. (CFN-198) Ben Wolters updated the Council on businesses coming into the City, progress on the ShoWare Center Marquee, and the status of the hiring process for the Economic Development Coordinator position. ADDED ITEM I F. Civil Service Recognition. (CFN-122) Mayor Cooke announced that Calhus ' Zaratkiewicz has served as a Civil Service Commissioner for twenty years, and commended him for his many years of public service on behalf of the City Council, staff, and citizens of Kent. PUBLIC COMMENTS A Ken Iverson encouraged Kent TV 21 viewers to donate to Peace Day at 24009 ' 1941" Avenue SE, Apt 215, Kent, and stated that Muslims have a right to build a mosque at Ground Zero because freedom of religion was granted by the Constitution. ' 1 Kent City Council Minutes September 7, 2010 CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through J. Thomas seconded and the motion carried. A. Apt)roval of Minutes. (CFN-198) Minutes of the regular Council meeting of ' August 17, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 17, 2010, were approved. Approval of checks issued for vouchers: , Date Check Numbers Amount ' 7/15/10 Wire transfers 4223-4244 $4,199,039.02 7/15/10 Regular checks 644832-645433 3,968,560.40 Void checks 645134 ($145.00) Use Tax Payable 1,394.13 $8,168,848.55 Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 17, 2010, were approved. Date Check Numbers Amount ' 7/31/10 Wire transfers 4245-4258 $2,582,995.78 7/31/10 Regular checks 645434-645829 4,004,755.24 Void checks 645577 ($22 50) Use Tax Payable 639.36 $6,588,367.88 ' Checks issued for payroll for July 1 through July 15 and paid on July 20, 2010, were approved: , Date Check Numbers Amount 7/20/10 Checks 318829-319060 $ 186,068.88 7/20/10 Advices 270615-271244 1,206,208 72 , $1,392,277.60 Checks issued for payroll for July 16 through July 31 and paid on August 5, 2010, , were approved: Date Check Numbers Amount 8/5/10 Checks 319061-319281 $ 183,484.67 8/5/10 Advices 271245-271857 1,161,171.96 $1,344,656.63 ' 2 ' ' Kent City Council Minutes September 7, 2010 C. Bond Issue for HVAC Improvements. (CFN-104) The Mayor was authorized to sign all documents necessary to issue the $1.2 million in Qualified Energy Conservation Bonds for the HVAC improvements at the River Bend Golf Course and amendment of the budget was authorized. D. Hawley Road Levee Improvements Consultant Agreement. (CFN-1318 The Mayor was authorized to sign the Consultant Services Agreement with Northwest Hydraulic Consultants, Inc. in an amount not to exceed $14,620, for the purpose of conducting analyses of the Green River to evaluate the river and overbank hydraulic conditions that would result from certification of the Hawley Road Levee. 110 E. South Crow Street Asphalt Overlay Agreement. (CFN-103) The Mayor was authorized to sign an Agreement with Puget Sound Energy (PSE) for asphalt overlay of West Crow Street and acceptance of the forms and amendment of the budget was authorized. F. LID 362 Final Assessment Roll. (CFN-1306) Resolution No. 1834 setting ' October 8, 2010, for the public hearing on the confirmation of the final assessment roll for Local Improvement District No 362, and designating the Public Works Committee to act as the Board of Equalization for that hearing and directing that notice thereof be given in the manner required by law was adopted. G. S. 224'h Street Proiect Consultant Agreement. (CFN-1308) The Mayor was authorized to sign the Consultant Services Agreement with Jones & Stokes Associates, Inc in an amount not to exceed $23,086.33, for the purpose of providing environ- mental permitting services for the S. 224th Street Project. H. 2010 Citywide Large Culvert Pipe Cleaning Interlocal Agreement. (CFN-1038) The Mayor was authorized to sign the Interlocal Agreement with Drainage District No. 1 of King County for the City to receive a $100,000 contribution from Drainage District No. 1 toward the cost of the 2010 Citywide Large Culvert Pipe Cleaning Project and acceptance of the funds and amendment of the budget was authorized. I. 2011-2016 Capital Improvement Plan. (CFN-775) September 21, 2010, was set for the first public hearing on the 2011-2016 Capital Improvement Plan. J. 2011 Budget. (CFN-186) September 21, 2010, was set for the first public hearing on the 2011 Budget. BIDS ' A. Centennial Center Tenant Improvements. (CFN-118) Parks Director Watling explained the project and noted that the low bid was submitted by T. W. Vance Company. He added that funds have been budgeted and encouraged Council to award the bid to the low bidder. Ranniger moved to award the contract for the Centennial Center Tenant Improvements project to T. W. Vance Company in the amount of $188,536 plus sales tax, and authorize the Mayor to sign all necessary contract documents. Perry seconded and the motion carried. 3 Kent City Council Minutes September 7, 2010 REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced that the City has received a plaque for being an excellent partner in the 2010 Census. ' C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the , next meeting will be held at 5:00 p.m. on September 16. E. Economic & Community Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p m. on September 14. G. Public Works Committee. (CFN-198) Raplee noted that there will be a special , meeting on Monday, September 13, and a regular meeting on September 20. H. Administration. (CFN-198) Mayor Cooke announced that officials from Kent's 1 Sister City Sunnfjord, Norway, and their volleyball team will be visiting the City in September and October. ADJOURNMENT , The meeting adjourned at 7:40 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date September 21 2010 Category Consent Calendar - 7C 1 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION TARGET ZERO TEAMS MEMORANDUM OF UNDERSTANDING GRANT - ACCEPT 2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents necessary to accept a grant in the amount of $18,603.50 from the Washington Traffic Safety Commission, and to amend the budget and to approve fund disbursement for grant purposes. The grant will fund the deployment of Target Zero Team DUI patrols at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Force. The grant period is from October 1, 2010 through September 30, 2011. Funding is on a reimbursement basis. No matching funds from the City are required. 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 9/21/10 (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 r DISCUSSION: ACTION: POLICE DEPARTMENT Steven D. Strachan, Chief of Police Phone:Fax. 253-856-6802 KENT WASHINGTDN Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: September 14, 2010 ' TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission grant award - ACCEPT and Establish the budget MOTION: I move to authorize the Kent Police Department to accept the Washington Traffic Safety Commission Target Zero grant in an amount not to exceed $18,603.50 and establish the budget. SUMMARY: The grant will fund the deployment of Target Zero Team DUI patrols at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Force. The Kent/South King County Target Zero Task Force will support the WTSC goal to reduce the number of people killed or seriously injured by impaired drivers in King County through aggressive, multi-jurisdictional, high-visibility patrols using an integrated systems approach to traffic safety which is evidenced-based and targets the locations where the most safety benefit can be realized. If awarded, this grant begins on October 1, 2010 and ends September 30, 2011. EXHIBITS: BUDGET IMPACT: No city matching funds required. BACKGROUND: 1 City of Kent Public Safety Committee WTSC Target Zero September 14, 2010 R,F6 BTATF 0, , F E 3yd lees apv MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION Target Zero Teams North and South King County Target Zero Task Forces Law Enforcement, Law Enforcement Liaison, Target Zero Manager THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Kent Police Department and the Washington Traffic Safety Commission (WTSC)., TERM: October 1, 2010 to Sept 30, 2011 AMOUNT: NOT TO EXCEED $18,603.50 CFDA # 20.601 IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King County Law Enforcement Agencies to participate in the Target Zero Teams project. GOAL: to reduce the number of people killed or seriously injured by impaired drivers in King County through aggressive, multi-jurisdictional, high-visibility patrols using an integrated systems approach to traffic safety which is evidenced-based and targets the locations where the most safety benefit can be realized. IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Forces. 2. CONDITIONS: Kent Police Department will deploy highly skilled officers in coordination with other King County Law Enforcement agencies, the King County Target Zero Task Forces, and the WSP District 2 Target Zero Team to generate the highest amount of deterrence possible. Kent Police Department certifies that all of the officers that participate in DUI emphasis patrols under the terms of this agreement are SFST trained. Officers participating on the Target Zero Teams project must be proficient in conducting standard field sobriety tests. Officers who Created August 2010 KING TZT LEL TZM MOU Page 1 of 4 received SFST training prior to 2008 will need to have the 1.5 hour SFST refresher training by January 1, 2011. The 16-hour Advanced Roadside Impaired Driving Enforcement (ARIDE) course is recommended for ' officers participating In Target Zero Team patrols. 3. PAYMENT FOR LAW ENFORCEMENT: Kent Police Department will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols. , Kent Police Department will also provide the King County Target Zero Task Force Law Enforcement Liaison on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed, to review data, plan operations, and coordinate emphasis patrols; not to exceed $3,600.00 for the fiscal year. Kent Police Department will also provide the South King County Target Zero Task Force Manager on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed for the management of the Target Zero Teams project not to exceed $2,500.00 total for the fiscal year. 4. Overtime for court appearances that result from a law enforcement officer making a DUI arrest while on Target Zero Teams patrol will be considered , for reimbursement with approval from the Target Zero Manager or her designee. 5. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Kent Police Department has received prior approval from the Target Zero Manager. 6. GRANT AMOUNT: WTSC will reimburse Kent Police Department for overtime salary and benefits. Your agency is allotted a total of $18,603.50 for the cost of this project. This allocation may be increased by your Target Zero Manager during the above campaign(s), without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original amount. Any Increase in allocation exceeding 50% will require an amendment to this document. 7. PERFORMANCE STANDARDS: r a. The Kent Police Department agrees to devote 14 hours per month to Target Zero Teams patrol; and will use the agreed upon schedule for King County. Any changes will be approved prior to enforcement with the Target Zero Manager. b. All participating law enforcement are required to have 3 self-initiated contacts per hour of enforcement, or show DUI arrests. c. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. Created August 2010 KING TZT LEL TZM MOU Page 2 of 4 d. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 8. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). • Kent Police Department identified as the "Claimant"; A Federal Tax ID #; and, ' • Original signature of the agency head, command officer or contracting officer. LA b. Payroll support documents (signed overtime slips, payroll documents). c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or more self-initiated contacts per hour and/or DUI arrests for reimbursement for any patrol overtime reimbursement. 9. DEADLINE FOR CLAIMS: a. First Deadline: All claims for reimbursement for emphases conducted prior to June 30 must be received by WTSC no later than August 15. b. Second Deadline: All claims for reimbursement for emphases conducted between July 1 and September 30 must be received by WTSC no later than November 15. WTSC will NOT pay faxed copies of any claims unless previously approved by the WTSC program manager. 10. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Kent Police Department, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 11. TERMINATION: Either party may terminate this agreement upon 30 ' days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 12. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. Created August 2010 KING TZT LEL TZM MOU Page 3 of 4 IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Kent Police Department ' Agency Washington Traffic Safety Commission Contracting Agent (print) Date Signature Date Agency address (for mailing fully executed MOU) ' 220 4m Ave. S. Kent, WA 98032 Agency PIO contact Please return two signed MOUs to your Target Zero Manager. , Cesi Velez, Kent Police, Target Zero Manager t 220 4th Ave. S. Kent, WA 98032 ' 253.856.5884 cvelez@d.kent.wa.us Target Zero Manager will return to: Shelly Baldwin, WTSC Impaired Driving Program Manager 621 - 8th Avenue SW, Suite 409, PO Box 40944 Olympia, WA 98504-0944 360.725.9889 sbaldwin@wtsc.wa.gov t Created August 20110 KING TZT LEL TZM MOU Page 4 of 4 Kent City Council Meeting Date September 21, 2010 Category Consent Calendar - 7D 1. SUBJECT: PARKING RESTRICTIONS AMENDMENTS, ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending Chapter 9.38 of the Kent City Code to add new parking restrictions within the City, to adopt the substan- tive text of RCW 46.61 570 and RCW 46.61.575 in order to increase the assessed monetary penalty from $20 to $50 to allow the City to recoup more of its actual costs incurred in enforcing those parking provisions and to reduce the penalty assessed for two- hour parking from $50 to $30. This ordinance accomplishes the following: 1 1. It reduces the penalty assessed for two-hour parking violations from $50 to $30. This reduction is still an overall increase from the $20 penalty amount in effect prior to the recent enactment of Ordinance No. 3963 in June 2010. 2. It enacts a penalty provision within each code section, instead of relying upon a catch-all penalty provision at the end of Chapter 9 38 KCC. However, the fine amount listed within each code section is the same amount currently in effect and does not represent an additional increase. 3. It enacts new parking restrictions that have not before been enforced within the City. These new parking restrictions are listed below and each carries a monetary penalty of $50: • Chain parking; • Parking recreational vehicles, boats or vessels, or trailers upon City streets in any residential neighborhood for more than 24 hours; • Parking outside of an individual parking stall or designated parking space; • Parking within a marked bicycle lane; • Parking upon City streets to do work on or repair any vehicle, unless necessitated by an emergency; • Parking upon City streets for the principal purpose of displaying the vehicle for sale or for advertising services for vehicles; and Parking alongside or adjacent to any traffic island. 3. EXHIBITS: Memorandum to Public Safety Committee and Ordinance 4. RECOMMENDED BY: Public Safety Committee 9/14/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: LAW DEPARTMENT CRIMINAL DIVISION Tami Perdue, Chief Prosecutor KE 4 Phone: 253-856-5770 WASHINGTON Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 September 14, 2010 To: Public Safety Committee From: Tami Perdue, Chief Prosecutor Regarding: Amend Parking Restrictions - Ordinance MOTION: Recommend Council adopt the proposed ordinance amending Ch. 9.38 of the Kent City Code to add new parking restrictions within the City, and to adopt the substantive text of RCW 46.61.570 and RCW 46.61.575 and increase the assessed monetary penalty from $20 to $50 to allow the City to recoup more 1 of its actual costs incurred in enforcing those parking provisions. SUMMARY: On June 15, 2010, the Kent City Council adopted Ordinance No. 3963 increasing the penalty assessed for some violations of the City's parking provisions from $20/$25 to $50. That increase was adopted in order to allow the City to more adequately support the cost of signage, street markings, and enforcement of the City's parking provisions. However, after Ordinance No. 3963 took effect, the Kent Police Department expressed concern that the increased monetary penalty associated with violating the City's two-hour parking provisions may adversely impact some Kent downtown businesses, who are already suffering in the current economic climate. With respect to the two-hour parking restriction only—KCC 9.38.060—the Kent Police Department recommends that Council reduce the monetary penalty for violating that code provision from $50 to $30. This reduction is still an overall increase from the penalty amount in effect prior to June 2010, which was $20. The remaining parking restrictions would retain the increased penalty amount of $50 adopted by Ordinance No 3963. The proposed ordinance also enacts a penalty provision within each code section, instead of relying upon a catch-all penalty provision at the end of Ch. 9.38 KCC. However, the fine amount listed within each code section is the same amount currently in effect and does not represent an additional increase. The Kent Police Department also recommends that Council adopt new parking restrictions that have not before been enforced within the City. These new parking restrictions are listed below and each carries a monetary penalty of $50: t 1 1 • Chain parking, which occurs when a person parks within a parking space that carries a parking time limit, and then moves the car into another parking space within that same restricted area that carries a parking time limit. • Parking recreational vehicles, boats or vessels, or trailers upon City streets or within the public right-of-way in any residential neighborhood for more than 24 hours. • Parking outside of an individual parking stall or designated parking space designated for on-street parking. • Parking within a marked bicycle lane. • Parking upon City streets or within the public right-of-way to do work on or repair any vehicle, unless necessitated by an emergency. • Parking upon City streets or within the public right-of-way for the principal purpose of displaying the vehicle for sale or for advertising services for vehicles. • Parking alongside or adjacent to any traffic island. Finally, the Kent Police Department recommends that the Council adopt the substantive text of RCW 46.61.570 and RCW 46.61.575 into the text of the Kent City Code so that the City may recoup more of its actual costs incurred in enforcing the City's parking provisions. Currently, Kent Police Officers cite to the state RCW , when issuing citations for various parking violations, including parking too close to a stop sign, a crosswalk, or a fire hydrant. However, the $20 monetary penalty associated with these statutory violations is nominal and not an accurate reflection of the City's actual costs incurred. The City's Finance Department has estimated that the cost incurred by the City in issuing, processing, and adjudicating each parking violation is approximately $54.63. However, in order to increase the ' penalty amount to an amount closer to the City's actual costs, the City must adopt the text of the RCWs into the Kent City Code and then provide within that local code provision the increased penalty amount to be assessed. While the ordinance does lower the penalty amount for violations of the City's two- hour parking restrictions, the Kent Police Department believes that the revenue lost by that reduction will be offset by the revenue expected to be received by adopting new parking restrictions not previously enforced within the City of Kent, and increasing the monetary penalties assessed for violations of RCW 46.61.570 and RCW 46.61.575. BUDGET IMPACT: Adoption of the proposed ordinance will result in additional revenue realized by the City. However, the actual amount of that additional revenue is not yet known. P\Crvil\Monons-BlueSheeM\ParkingViolaoons mendChg 38-MobonSheet do 2 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.38 of the Kent City Code, entitled "Parking," to add new parking restrictions within the City, and to adopt the substantive text of RCWs 46.61.570 and 46.61.575 into the Kent City Code, which will allow the City to recoup more of its actual costs incurred in enforcing the City's parking prohibitions. RECITALS 1 A. The City's parking regulations are codified in Chapter 9.38 of the Kent City Code ("KCC"). Through its adoption of Ordinance No. 3963 on June 15, 2010, the City Council increased the amount of the monetary penalty assessed for parking infractions to fifty dollars ($50) in order for the penalty amount to more adequately support the cost of signage, street markings, and enforcement of the City's parking provisions. The Kent Police Department recommends reducing the monetary penalty for violations of the City's two-hour parking provisions in the downtown Kent area to thirty dollars ($30). The City Council agrees and is concerned that the existing fifty dollar ($50) penalty may impact businesses in the downtown area; businesses that may already be suffering in the current economic climate. 1 Parking Prohibitions within the City of Kent 1 r B. Additionally, City staff recommends that the City Council further amend Chapter 9.38 of the Kent City Code to add a new two-hour r parking zone, and new parking prohibitions that have not before been enforced within the City, including prohibitions against parking recreational r vehicles, boats, and trailers on City streets for more than twenty-four (24) hours, parking a vehicle in more than one (1) parking stall, and chain parking, where drivers move their vehicles every few hours in order to avoid receiving a parking infraction. ' C. This ordinance also adopts the substantive text of RCWs ' 46.61.570 and 46.61.575 into the text of the Kent City Code. Currently, Kent Police Officers cite to RCWs 46.61.570 and 46.61.575 for parking violations that include parking too close to a stop sign, a crosswalk, or a fire hydrant, etc. The monetary penalty associated with these statutory violations is nominal. However, the City's Finance Department has determined that the estimated cost incurred by the City in issuing, , processing, and adjudicating each parking infraction is approximately $54.63. By incorporating the substantive text of RCWs 46.61.570 and 46.61.575 into the Kent City Code, the City will be able to recover more of its actual costs. D. Finally, the ordinance incorporates the general fifty dollar , ($50) penalty currently provided by the existing language in KCC 9.38.180 into each code section that establishes either a parking limitation or a parking prohibition. This incorporation will make it easier for City staff and the public to determine the appropriate penalty amount attributable to a violation of a particular parking provision. ' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Parking Prohibitions within the City of Kent r r 17 ORDINANCE SECTION I. — Amendment. Chapter 9.38 of the Kent City Code, entitled "Parking," is amended as follows: CHAPTER 9.38 1 PARKING Sec. 9.38.010. Findings. The Kent Traffic Code adopts by reference the Model Traffic Ordinance, set forth in Chapter 308-330 WAC. The Model Traffic Ordinance, pursuant to RCW 46.61.570, authorizes a municipality such as the City of Kent, by ordinance, to restrict parking and establish no parking zones on City streets and other rights-of-way. The City Council finds that it is necessary and appropriate, for public safety reasons, to adopt an ordinance establishing restricted parking and no parking zones on City streets and other rights-of-way within the City of Kent. Sec. 9.38.020. No parking zones. A. 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. 3 Parking Prohibitions within the City of Kent 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. 11. 27th Place South: from South 259th Place north to South 256th 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. t 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. 4 Parking Prohibitions within , the City of Kent 19. 62nd Avenue South: from South 190th Street to South 196th 1 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) 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. 30. 84th Avenue South/East Valley Highway/Central Avenue tNorth/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. 5 Parking Prohibitions within the City of Kent 33. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 34. 100th Avenue Southeast: from Southeast 248th to Southeast 218th Stree 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. 46. 119th Court Southeast: from Southeast 244th Street to end t of street. 47. 119th Way/120th Place Southeast: from Southeast 244th j Street to Southeast 244th Street. 6 Parking Prohibitions within the City of Kent 48. 120th Avenue Southeast: from the gate on Southeast 268th 1 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 five hundred (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. j60. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 61. East Harrison Street: from one hundred forty (140) feet west ' of 4th Avenue North to 4th Avenue North, south side only. 7 Parking Prohibitions within the City of Kent F 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. 8 Parking Prohibitions within the City of Kent 76. Lincoln Avenue North: from West Meeker Street to West James 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. I 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 Trait 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. 9 Parking Prohibitions within the City of Kent 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. 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. 10 Parking Prohibitions within the City of Kent 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 1 South. 109. South 231st Way: from Military Road South to Russell Road South. 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. 1 113. 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. 11 Parking Prohibitions within the City of Kent i 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. 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 282nd Street: from 132nd Avenue Southeast to 144th Avenue Southeast. 130. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 131. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 132. West Gowe Street: from 6th Avenue, South to three hundred j (300) feet east of 6th Avenue South. 1 12 Parking Prohibitions within the City of Kent 133. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 134. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. I 135. West Saar Street: from west end of street to 4th Avenue South, south side only. 136. West Sam Street: from West Valley Highway (SR i 181/Washington Avenue) to end of street. 137. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 138. West Temperance Street: from Ramsay Way to 1st Avenue North. 139. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 140. West Willis Street/East Willis Street: from 4th Avenue South 1 to Central Avenue South. 141. Woodland Way South: from East Maple Street to South 262nd Street B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary_penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided iby law. I Sec. 9.38.025. Loading zones and passenger loading zones. A. As authorized- pursuant to WAC 308-330-265, 308-330-439, and I 308-330-442, the traffic engineer shall have the authority to establish loading zones and passenger loading zones at such locations and during 13 Parking Prohibitions within the City of Kent said times as posted by the traffic engineer. Except to load and unload vehicles, it shall be illegal to park any motor vehicle or other vehicle at any time upon that portion of the road right-of-way established as a loading zone or passenger loading zone as posted by the traffic engineer, unless otherwise indicated. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.030. Parking in fire lanes — Penalty. A. Parking prohibited. Except when necessary to temporarily avoid conflict with other moving traffic or in compliance with the direction of a police officer, fire official, traffic control sign, signal, or device, no person shall: 1. Stop, stand, or park a vehicle, whether occupied or not within any fire lane except: a. Momentarily to pick up or discharge a passenger or passengers; or b. Temporarily for the purpose of and while actually engaged in loading or unloading property. 2. Allow continued violations of this section on private property which they own or manage. B. Penalty. Any violation of the provisions of this section shall be an tra##te—infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. 14 Parking Prohibitions within the City of Kent Sec. 9.38.040. Arterial and highway parking prohibited. A. Parking is prohibited on four (4) lane highways or arterials unless otherwise designated by sign or posting. i B. Penalty. Any violation of the provisions of this section shall be an ' infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. 1 Sec. 9.38.045. Parking prohibited from 10:00 p.m. to 6:00 a.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following locations: 1. The north side of SE 276th Place between the east and west boundaries of Springwood Park. 2. On both sides of SE 274th Street between 128th Place SE and the end of the street, adjacent to Springwood Park, 3. On both sides of South 203rd Street, from 100th Avenue SE westerly, approximately six hundred (600) feet, to the westerly boundary of Chestnut Ridge Park. B. Penalty. Any violation of the provisions of this section shall be an infraction 1unishable by a monetary penalty of fifty dollars ($50). Vehicles ' parked in violation of this section are subject to impoundment as provided by law. ' 15 Parking Prohibitions within the City of Kent Sec. 9.38.050. Parking prohibited from 4:00 a.m. to 7:00 a.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 4:00 a.m. and 7:00 a.m., except Sundays and holidays, on either side of, unless otherwise indicated, the following locations: 1. Meeker Street: from Fourth Avenue to State Avenue. 2. Gowe Street: from Meeker Street to State Avenue. 3. Titus Street: from Fourth Avenue to Central Avenue. 4. First Avenue: from Smith Street to Titus Street. 5. Second Avenue: from Harrison Street to Saar Street. 6. Railroad Avenue: from James Street to Titus Street. 7. State Avenue: from Smith Street to Gowe Street. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary_penalty of fifty dollars ($50) Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.060. Two (2) hour parking zones. Except for KCC 9.38.070 and permits issued by the City facilities manager under KCC 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two (2) hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, public parking lots, public parking garages, or portions thereof: 1. Centennial Parking Garage: that portion of the first floor as posted. 16 Parking Prohibitions within the City of Kent i 2. City Hall parking lot between City Hall and the Centennial Building: All parking stalls unless otherwise posted. 3. East Pioneer Street: from Central Avenue North easterly approximately one hundred fifty (150) feet to the alley east of Central Avenue North, south side only. 43. First Avenue North and First Avenue South: from a point two hundred (200) feet north of West Meeker Street to West Titus Street. 54. Railroad Avenue North and Railroad Avenue South: from East James Street to East Meeker Street, east side only; and from East Meeker Street to East Gowe Street. j v 65. Ramsay Way: from two hundred thirty (230) feet east of 4th iAvenue North to three hundred fifty (350) feet east of 4th Avenue North.76. Ramsay Way: from four hundred forty (440) feet east of 4th Avenue North to five hundred twenty (520) feet east of 4th Avenue North, south side only. 1 8-7. Ramsay Way: from four hundred eighty (480) feet east of 4th Avenue North to five hundred twenty (520) feet east of 4th Avenue North, north side only. 98. Ramsay Way: from thirty (30) feet north of West Temperance Street to one hundred fifty (150) feet north of West Temperance Street. 109. Second Avenue North and Second Avenue South: from West ' Harrison Street to West Titus Street and the two (2) marked parking stalls on the east side of West Titus Street. 114-A. State Avenue North: from East Smith Street to East Meeker Street. 1244. West Gowe Street and East Gowe Street: from Fourth Avenue South to Central Avenue South. 13-1-2. West Meeker Street and East Meeker Street: from Fourth Avenue to State Avenue. 17 Parking Prohibitions within the City of Kent i 14-1-3. West Harrison Street: from Fourth Avenue North to Second Avenue North. 15-1-4. West Titus Street: from Second Avenue South to First Avenue South. Provided, that this section shall not apply on Sundays or holidays. C. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of thirty dollars ($30). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.070. Holiday parking — Penalty. A. From the day after Thanksgiving until January 2 of the following year, all two (2) hour parking zones shall be considered three (3) hour parking zones, and it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of three (3) hours between the hours of 9:00 a.m. and 6:00 p.m. on the roadways designated in KCC 9.38.060 as two (2) hour parking zones. There shall be no enforcement of limited duration parking restrictions, in those zones designated for two (2) hour parking, on Saturdays during the period from the day after Thanksgiving until January 2 of the following year. B. A violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are sublect to impoundment as provided by law. Sec. 9.38.080. Thirty (30) minute parking zones. A. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of thirty (30) minutes, between the hours of 9:00 a.m. and 6:00 p.m.,,unles's otherwise indicated, at the following locations: 18 Parking Prohibitions within the City of Kent 1. First Avenue: The first stall north of Meeker Street on the west side of First Avenue. 2. First Avenue: The first stall south of Meeker Street on the west side of First Avenue. 3. Second Avenue: The first stall south of Meeker Street on the east side of Second Avenue. 4. Second Avenue: The first stall south of Meeker Street on the west side of Second Avenue. 5. Gowe Street: The first stall east of Railroad Avenue on Gowe Street, north side. 6. Fourth Avenue: The stalls north of Titus Street on the east side of Fourth Avenue. 7. Centennial Building: The first four (4) stalls on the east side of the building as posted. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50) Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.085. Seasonal no parking zone — Lake Meridian. A. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor vehicle, or other vehicle or trailer, for the period of May 15 through September 15 of each year, between the hours of 12:00 p.m. and 8:00 p.m., at the following locations: 1. 150th Place S.E.: from S.E. 272nd Street to the end of the road. 2. 270th Place: from 150th Place S.E. to the end of the road. 3. 271st Place: from 150th Place S.E. to the end of the road. 19 Parking Prohibitions within the City of Kent i B. A violation of this section shall be an infraction and shall be punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are sub]ect to impoundment as provided by law. Sec. 9.38.090. Parking reserved for physically disabled, penalty. Repealed by Ord. 3924. Sec. 9.38.095. Re-parking in same block to avoid citation. t A It shall be an infraction for any person to move and re-park a vehicle from one parking space within a parking time limit area to another parking space within a parking time limit area that is within one (1) block of the original parking space. B. It shall be an infraction for any person to move and re-park a vehicle parked in a parking lot with a parking time limit to another space within the same parking lot with a parking time limit. C. For the purposes of this section a "block" is a City street, roadway, highway, or alley section located between consecutive intersections. D. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary_penalty of fifty dollars ($50). Sec. 9.38.100. Compliance with state law. The traffic engineer is directed to obtain from the state Department of Transportation State Highway Gommission approval and ratification of any no-parking zone where required by RCW 47.24.020. 20 Parking Prohibitions within the City of Kent Sec. 9.38.110. Parking prohibited within ten (10) feet of mailboxes — Penalty. A. No motor vehicle shall be parked within ten (10) feet of a clearly visible, residential mailbox which is located directly adjacent to curbside or on a public right-of-way between the hours of 8:00 a.m. and 6:00 p.m. except Sundays and holidays. LB. Any violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.120. Parking of trucks on City streets - Finding. The City Council finds that the parking and storage of commercial trucks, ' vans, tractor trailers, and semi-trailers with a maximum gross vehicle weight exceeding eight thousand (8,000) pounds presents unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on City streets at times when such vehicles are not engaged in business or commercial activity. Sec. 9.38.130. Parking and storage of certain vehicles — Penalty. A. No commercial truck, vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, exceeding eight thousand (8,000) pounds as defined in RCW 46.44.036, 46.44.037, or 46.44.041 may be stored or parked upon any City street for longer than two (2) hours, except for those periods of time when such vehicle is being loaded or unloaded or where 1 parking or storage is otherwise prohibited. 21 Parking Prohibitions within the City of Kent i B. Any violation of this section shall be an infraction and punishable by a monetarypenalty of two hundred fifty dollars $250). Vehicles parked in P Y Y ( violation of this section are subject to impoundment as provided by law. Sec. 9.38.140. Parking of certain trailers or semi-trailers — Penalty. A. Except as provided in KCC 9.38.130, no trailer or semi-trailer shall be parked upon any City street unless the trailer or semi-trailer is attached to a vehicle by which it may be propelled or drawn. In case of accident such trailer or semi-trailer may be moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the trailer or semi-trailer during the hours of darkness, such trailer or semi-trailer may be permitted or allowed to remain for a period not exceeding twenty-four (24) hours pending removal except that such trailer or semi-trailer shall not remain upon any portion of a City street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec 9 38 145 Parking of recreational vehicles, boats or vessels, and trailers. A No person shall park any recreational vehicle, boat or vessel, or trailer on any street highway, roadway, alley, or public right-of-way in any residential neighborhood in the City for more than twenty-four (24) hours. For purposes of this section, the following terms shall have the following prescribed terms: 1 "Recreational vehicle" shall be as defined in KCC 8.09.030(G). 22 Parking Prohibitions within the City of Kent 2. "Boat or vessel" shall mean every description of watercraft used or capable of being used as a means of transportation on the water. 3. "Trailer" shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public streets and highways. B. Any violation of this section shall be an infraction and punishable by (� a monetary penalty of fifty dollars ($50). Vehicles parked in violation of I this section are subject to impoundment as provided by law. ' Sec. 9.38.150. Parking an unlicensed vehicle or a vehicle with switched license plates or tabs — Penalty. A. No person shall stop, stand, or park a vehicle, on a street, highway, ' roadway, alley, or public property unless the vehicle possesses a license plate and license tab registration that is proper and current for that vehicle H ieens, ',�� Such license plate and tab registration shall be properly .,,-r;-:��;.;vim. mounted on the vehicle in accordance with the State Department of Licensinges rules and regulations. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). _Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.160. Municipal parking facilities regulated — Penalty. A. Parking shall be permitted at municipal parking facilities only in designated parking areas, in the manner provided by law, and as limited in time or otherwise restricted by official signs, including parking permits r issued by the City facilities manager pursuant to KCC 9.38.170. 23 Parking Prohibitions within the City of Kent B. Municipal parking facilities for the purposes of this section means any public parking area serving a municipal facility. Such facilities include, but are not limited to, the City commons, City golf facility, City senior center, all parks or recreation facilities owned or operated by the City, City shops, City hall, the Centennial Parking Garage and adjacent parking areas, the corrections facility, and those public lots between Smith and Harrison Streets and Second Avenue and Fourth Avenue, Gowe and Titus Streets and Second Avenue and Third Avenue, and the southeast corner of Second Avenue and Titus Street. C. Any violation of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.170. Parking permits. t A. The City Council finds that it is necessary to have a system of special parking permits to be administered by the City facilities manager which authorizes council members and the mayor to utilize existing two (2) hour parking zones and fifteen (15) minute parking zones at or near the City Hall and other City facilities during regular business hours between 9:00 a.m. until 6:00 p.m. necessary for the attendance of such officials at meetings and official business with the City. The City facilities manager is authorized to issue parking permits for City council members and the mayor on forms, cards, or stickers as he or she determines to be appropriate and conspicuous. Such permits shall contain a rendition of the City's corporate seal or official logo identifying the holder thereof as an authorized user and member of the City Council or the mayor and to be exempt from parking restrictions under this chapter, excluding disabled parking stalls. Such permits authorize unlimited parking for official business at two (2) hour parking zones provided under KCC 9.38.060 for 24 Parking Prohibitions within the City of Kent Meeker Street and Gowe Street, and for all municipal parking facilities identified under KCC 9.38.160. Any permits issued by the facilities manager under this section shall be signed by the facilities manager and 1 issued for such periods as he or she deems appropriate. B. The City facilities manager is authorized to issue parking permits for City corrections facility employees, Aukeen District Court employees, King County probation office employees, and prosecutors whose municipalities use Aukeen District Court on forms, cards, or stickers as he or she determines to be appropriate and conspicuous. Marked police vehicles and other police vehicles displaying exempt license plates may use the parking lot without being issued a permit. Such permits authorize unlimited parking for City or district court business at the lot southeast of the corrections facility at 1230 South Central Street. The parking lot shall be for the exclusive use of individuals with these parking permits except for any legally designated handicapped parking. The permits shall be signed by the facilities manager and issued for such periods as he or she deems appropriate. C. The residential parking zone manager, appointed pursuant to KCC 9.38.175(C), is authorized to issue temporary parking permits for the personal and business vehicles of City contractors, subcontractors, and their employees for use only while engaged in City contract work that requires such persons to be present in residential parking zones. Sec. 9.38.175. Residential parking zone. A. Purpose of residential parking zone. The City establishes this residential parking zone (RPZ) program in response to parking concerns expressed by residents of the neighborhood surrounding the Kent Events Center and as required to mitigate parking impacts of the events center. This RPZ program will reserve parking on the surface streets in the North 25 Parking Prohibitions within the City of Kent Park Neighborhood for neighborhood owners, residents, and their visitors, who might otherwise be displaced by visitors to or employees of the events center. B. Residential parking zone established. The following described area, i also known as the North Park Neighborhood, is established as Kent RPZ No. 1: That area bounded on the west by Fifth Avenue North, to the south I by West James Street, to the north by State Route 167, and to the east by the Burlington Northern main line (First Avenue North). C. RPZ manager. The mayor will appoint from City staff the RPZ manager who shall administer the RPZ program as set forth in this section. The duties of the RPZ manager may be carried out by more than one (1) person and may be delegated to the customer services division of the City's finance department as appropriate. D. Residential parking zone permit. When properly issued and displayed, a RPZ permit or a visitor parking permit will authorize a vehicle to park within the RPZ for which the permit was issued. A property is included within the RPZ only if its address includes, and/or sole access to the property is via, a street that is within the RPZ. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator j from observing zones where parking is otherwise prohibited, including but not limited to permanent or temporary no parking zones, loading zones, fire zones, and all zones where parking is regulated or prohibited by other applicable laws or regulations of the Kent City Code. E. Permit eligibility. 1. Zone owners and residents. Permits may be issued only to persons who own property or reside in the RPZ established by subsection 26 Parking Prohibitions within the City of Kent (B) of this section. At this time, ail permits will be issued to RPZ owners and residents free of charge. 2. Resident visitors. The RPZ manager may issue additional permits to each residence within the RPZ for temporary use by residents' visitors. Visitor permits may not be sold or redistributed for any purpose. 3. Government vehicles. Government vehicles will not be required to obtain permits for the purpose of conducting official business in the North Park Neighborhood. Government vehicles associated with the conduct of business at the Kent Events Center may not park in the RPZ. F. Use and validity of permits. 1. The RPZ permit is valid only if displayed on the rear left ; window of the vehicle and only for so long as the permit holder owns or controls the vehicle and resides at the address for which the permit was issued. 2. A visitor parking permit shall be valid only if the hang tag is hung from the vehicle's rearview mirror. 3. All permits shall expire on December 31, 2010, irrespective of tthe date of issuance. Reissuance shall be in accord with the process set forth in subsection (G) of this section for a term to be determined by the RPZ manager. G. Issuance of permits. The RPZ manager will send four (4) RPZ window decals to the owner of record and to the occupant of each dwelling unit or residence within the RPZ. In addition, the RPZ manager will send fifteen (15) hang tag visitor permits to each owner of record and the occupant of each dwelling unit or residence for temporary use. Each permit issued shall contain the number of the RPZ for which it was issued and a serial number for the permit, together with such other information as determined by the RPZ manager. The RPZ manager is authorized to issue 27 Parking Prohibitions within the City of Kent additional RPZ and/or visitor permits, if a demonstrated need exists. Any RPZ resident may make application for additional necessary permits by returning to the RPZ manager a completed application supplied by the City identifying the additional permits required and the reason for the request. Additional permits will be issued at the discretion of the RPZ manager and at no cost at this time. H. Proof of ownership or residence. The following will be sufficient proof of ownership or residence within the RPZ: 1. Appearance as owner of record on the King County recorder's office website; or 2. A valid driver's license showing residence at a current address located within the RPZ; or 3. A deed, lease, rental agreement, or other document which, at the discretion of the RPZ manager, establishes residency, and which shows residency within the RPZ. I. Revocation or denial of permits - Cause. Any of the following shall be cause for the revocation or suspension of RPZ permits and/or visitor permits by the RPZ manager: 1. The making of any false or misleading statement in application for a permit. 2. The transfer to an unauthorized person or address. 3. The alteration of a permit in any respect in order to gain privileges not authorized by the permit. a 4. The display on a vehicle of a permit that has been suspended or revoked. 5. The sale of a permit and the receipt of anything of value in exchange for a permit. 28 Parking Prohibitions within the City of Kent J. Revocation or denial of permits - Process. If the RPZ manager finds that a RPZ permit or a visitor permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the RPZ manager will send a written notice of revocation or denial to the permit holder, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than ten (10) calendar days from the date of the letter. 2. The reasons for permit revocation or denial. 3. That unless a written notice of appeal is flied with the community development director not later than ten (10) calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained in the written notice of appeal. K. Revocation or denial - Appeal. An applicant aggrieved by the RPZ manager's revocation or denial of a RPZ or visitor permit may file a notice of appeal with the community development director who upon consideration of the written documentation submitted in the notice of revocation or denial and the notice of appeal will affirm, reverse, or modify the revocation or denial decision, or order suspension for a specified period. L. Violation - Penalty. Effective January 1, 2009, it shall be a parking infraction to park within the RPZ unless the parked vehicle properly displays a valid RPZ permit or a visitor parking permit. Any violation of this section shall be an tra#+e infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law 29 Parking Prohibitions within the City of Kent 9.38.180. Stopping, standing, or parking prohibited in specified places. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: A. Stop, stand, or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. 2. On a sidewalk or street planting strip. 3. Within an intersection. 4. On a crosswalk. S. Between a safety zone and the adjacent curb or within thirty (0) feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone. 6 Alongside or opposite any street excavation or obstruction when stopping standing or parking would obstruct traffic 7 Upon any bridge or other elevated structure upon a highway or within a highway tunnel. 8. On any railroad tracks. 9 In the area between roadways of a divided highway including crossovers. 10 Outside of the limits of an individual parking stall or parking space designated for vehicular on-street parking. An "individual parking stall or parking space" is that portion of the paved section of the roadway, of sufficient length and depth from the sidewalk curb to accommodate a Z vehicle to be parked, as shall be specified and marked by the City. 11. Within a marked bicycle lane, which is that portion of the paved section of the roadway specified and marked by the City for the movement of bicycles on the roadway. j 30 Parking Prohibitions within the City of Kent I 12 Upon any portion of the street, roadway, or public way for the purpose of doing_ any work on maintaining or repairing any vehicle except for those repairs necessitated by an emergency. 13 Upon any portion of the street, roadway, or public way for the principal purpose of displaying the vehicle for sale or for advertising services for vehicles. 14 Alongside or adjacent to any traffic island, which is the curbed area in a roadway from which traffic is excluded. 15 At any place where official signs prohibit stopping. B. Stand or park a vehicle whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1 In front of a public or private driveway or within five (5) feet of the end of the curb radius leading thereto: 2 Within fifteen (15) feet of a fire hydrant: 3 Within twenty (20) feet of a crosswalk; 4 Within thirty_(30) feet upon the approach to any flashing signal stop sign yield sign or traffic control signal located at the side of a troadway; 5 Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted; or 6 At any where official signs prohibit standing. C. Park a vehicle whether occupied or not except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: 1 Within fifty (50) feet of the nearest rail of a railroad crossing; I or 2 At any place where official signs prohibit parking. 31 Parking Prohibitions within the City of Kent D. Parking or standing shall be permitted in the manner provided by law at all other places, unless otherwise prohibited by this chapter. i E. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful. F. It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the_purpose of stopping, standing or parking to the exclusion of any other like person nor shall any person be granted such right. G. Any violation of the provisions of this section shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided , by law. 9 38 185 Parking too far from the curb. A Except as otherwise provided in this section every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve (12) inches of the right- hand curb or as close as practicable to the right edge of the right-hand shoulder. B. Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement with its right-hand wheels within twelve (12) inches of the right-hand curb or as close as practicable to the right edge of the right- hand shoulder, or with its left-hand wheels within twelve (12) inches of the 32 Parking Prohibitions within r the City of Kent 1 ' left-hand curb or as close as practicable to the left edge of the left-hand shoulder. C. Angle parking shall only be allowed as provided for in this chapter or elsewhere in the Kent City Code. D. Any violation of the provisions of this section shall be a traffic infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. Sec. 9.38.19034A. Penalty for violation of certain sections. Any violation of any section of this chapter for which no penalty is specifically provided shall be an infraction and punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 2. - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional jor 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. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 33 Parking Prohibitions within the City of Kent 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 , 2010. APPROVED: day of , 2010. i PUBLISHED: day of , 2010. 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\Clvll\OrUlnanm\PadtlngVlolatlons-RepealRCWBVAdaptlngKCCPmvlslons door 34 Parking Prohibitions within the City of Kent Kent City Council Meeting Date September 21, 2010 Category Consent Calendar - 7E 1. SUBJECT: DEPARTMENT OF ECOLOGY MUNICIPAL STORMWATER CAPACITY GRANT - ACCEPT 2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents necessary to receive a grant from the Washington State Department of Ecology in the amount of $367,065 as part of the Fiscal Year 2011 Municipal Stormwater Capacity Grants program, to establish a budget for the funds to be spent within the National Pollutant Discharge Elimination System (NPDES) Project, and to authorize expenditure of those funds for grant purposes. Funds can be used for data collection, updating stormwater regulations, source control, public education and outreach, addressing illegal discharges into the City's stormwater system, maintenance of the stormwater system, and other activities consistent with NPDES permit requirements. t3. EXHIBITS: Memorandum dated 9/13/2010 and Grant Agreement No. G1100054 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 i PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P E , Public Works Director 4 ,^0�debt Phone 253-856-5500 Fax 253-856-6500 KENT Address 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: September 13, 2010 TO: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: September 13, 2010 FROM: Shawn Gilbertson, Environmental Scientist (NPDES) THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager SUBJECT: Department of Ecology - Municipal Stormwater Capacity Grant Motion: Move to recommend Council authorize the Mayor to accept a $367,065 grant from the Washington State Department of Ecology as part of the FY 2011 Municipal Stormwater Capacity Grants program, and establish a budget for the funds to be spent within the National Pollutant Discharge Elimination System (NPDES) Project, upon concurrence of the language therein by the City Attorney and Public Works Director. SUMMARY: The Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007 The City of Kent was required to seek coverage under this permit, which became effective on February 16, 2007. Since the effective date of the permit, Public Works Engineering has been working to implement the permit requirements. On August 27, 2010, the City of Kent was offered a $367,065 grant from the Department of Ecology under the Phase II Stormwater Capacity Grant program. This grant is offered to assist the city in the implementation of the Phase II Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit. The funds can be used for data collection, updating stormwater regulations, source control, public education and outreach, to address illegal discharges into the City's Stormwater system, maintenance of the stormwater system, and other activities consistent with NPDES permit requirements. BUDGET IMPACT: The City will receive $367,065 from the Washington State Department of Ecology. I DEPARTMENT of ECULuCy Isom wY State of Washington FY 2011 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT GRANT AGREEMENT NUMBER G1100054 TABLE OF CONTENTS PART I. GENERAL INFORMATION ............... ..... .......... ..... .. . . . . .......... . . . . 3 ' PART I1 PERFORMANCE MEASURES. ................... ............. . .... ... ..4 PART III PROJECT DESCRIPTION .... ............................... ...... ......... ......... 4 PART JV. PROJECT BUDGET . 5 PART V SCOPE OF WORK........ 5 PART VI SPECIAL TERMS AND CONDITIONS ................ ... ................. . .... . . ....... . . . ....... ............. .. 7 ATTACHMENT I. GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND.... ......................................................... ..... .......... 9 EDUCATION AND OUTREACH.... ....... .. . 9 EQUIPMENT PURCHASE.. ... .... .. .. .... . .. . ...... . ................... . .. ....... . .. . .. .9 FUNDING RECOGNITION... ....... ................ ....... . ............. ...... . .... .. .......... . .. . . ....... ...... . ..9 INDIRECT RATE . . . ... .. ...........I........ .. .. . . . .. .. . . . . . .. 9 MINORITY AND WOMEN'S BUSINESS PARTICIPATION ...... ............... . . ...... ... ... ......... ... .... .. ... 10 PAYMENT REQUEST SUBMITTALS ...... . . ... . . . . ................... .. ... . . ... . ... ...... ... .. ............. ... 10 POST PROJECT ASSESSMENT . . . .. .. .. .. . . .... .. . .... ..... ......... .... ... ..... . . 11 PROCUREMENT , . .. .................... ........................... . . . ..... . . .. . .. . .... . I 1 PROGRESS REPORTS .... 11 REQUIRED DOCUMENT SUBMITTALS...... . . ........ .... ... . . .. . ....... ........... ....... .12 WATER QUALITY MONITORING ............... ................ ....... ........ ....... ... .. . ........ ....... .. . .......... 12 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY................................. 14 A RECIPIENT PERFORMANCE ................. .. .... ..... . .... .... . . . . ....... ... ...... .. . . . -. 14 B SUBGRANTEE/CONTRACTOR COMPLIANCE . ..... . .... ........ ........................................ . . ..... ... 14 C THIRD PARTY BENEFICIARY .. . . . ..... . ... .... ....... .... .. ..... . ...... 14 D CONTRACTING FOR SERVICES(BIDDING) . . . .. ....... .... .... .. ....................... . ...... . . 14 t i I E.ASSIGNMENTS . . . . .. . . . ... ........ ....... ....... ....... ... . .. .. . ......I .. . .... .... . ... . ........ ..... ....... 14 F COMPLIANCE WITH ALL LAWS . . .... ... .... .. ..... . ..... . . ..... .......... . .... .. . .14 G KICKBACKS .. . . . ... . ... . . ... . ... ....... . . ... .15 1 H.AUDITS AND INSPECTIONS . . . .... ....... . . .......... . . . . . . .............15 I PERFORMANCE REPORTING . . .. ........ ... . ... ..... ... .. .. 15 JCOMPENSATION .... .. . .. ... .. .. ... . . ....... ... . ... .. . ...... ............. .. . .15 KTERMINATION........ .... ... . . . . .. . . . . ..... .... . . .. .... . .... ........ ... . .. . . . 16 L.WAIVER ..... . ........ .... . . . ......... .. . . . .. . . . . .... ....I. ...... ......... . .. .. ... .. 17 M.PROPERTY RIGHTS...... . ........ .. . . . ..... ... ...... ... ... ..... . . . ...... . .............. .. . 17 N.SUSTAINABLE PRODUCTS. . ............ .. ..... . ........ . ... .. .. . ... ..... ........ ... ... . 18 O.RECOVERY OF PAYMENTS TO RECIPIENT ... . ... .. ... ........ . ...... .... . ..... .. ........ .... . 18 P PROJECT APPROVAL... ......... .. .... 19 Q DISPUTES . .. . . ... . . .. .... ..... . . .. 19 R.CONFLICT OF INTEREST..... .. . . ... ........ . . ........ . . ...... . ..... 19 S INDEMNIFICATION .. ...... ... ....... . ........ ................. .. ....... . .... ..... . . .. ........ . 19 TGOVERNING LAW ... . .......... ................................................... ............... . .. . ..... . .. .. .. . U.SEVERABILITY.. ........ ............. . . . . ................................ .... . ......................... . . . . .... .. ....... ...20 VPRECEDENCE.................... ........ ............................... . ....... .. ... . ...20 l i I a MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT THIS is a binding agreement entered into, by, and between the state of Washington Department ` of Ecology(DEPARTMENT), and the City of Kent(RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: Municipal Stormwater Capacity Grant Program State Fiscal Year: FY2011 Grant Number: G1100054 RECIPIENT Name: City of Kent Mailing Address: 400 W. Grove St. 1 Kent, WA 98032 RECIPIENT Federal ID Number: 91-6001254 Total Eligible Cost($70,000 plus per capita calculated amount): $367,065 DEPARTMENT Share: $3677065 DEPARTMENT Maximum Percentage: 100% RECIPIENT Contact: Shawn Gilbertson Telephone Number: (253) 856-560 Fax Number (253)856-6500 E-Mail Address: smgilbertson@ci.kent.wa.us '7 ' RECIPIENT Billing Contact: Donna Palmer Telephone Number: (253)856-5511 Fax Number: (253)856-6500 E-Marl Address: dpalmergei.kent.wa.us 3 I DEPARTMENT Project/Financial Manager:Tracy Farrell Mailing Address: Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia,WA 98504-7600 Telephone Number: 360- 407-6502 Fax Number: 360- 407-7151 E-Mail Address: The effective date of this grant agreement is July 1,2010. Any work performed prior to the effective date of this agreement is not eligible for reimbursement. This agreement expires on June 30, 2012. PART II. PERFORMANCE MEASURES A. Water Quality Goal. Improved stormwater oversight and water quality protection through the direct development and implementation of a comprehensive stormwater management program. B. Project Outcomes. Implementation of Phase I and lI municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. C. Post Project Assessment. The RECIPIENT agrees to submit a brief survey three years after project completion regarding the key project outcomes and the status of environmental results or goals from the project The DEPARTMENT's Performance ]Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey. The DEPARTMENT may conduct on-site interviews and inspections. and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. Approximate Post Project Assessment Date. June 30, 2015 PART III. PROJECT DESCRIPTION The RECIPIENT's stormwater project will address implementation or management of municipal stormwater programs. 4 PART IV. PROJECT BUDGET Municipal Stormwater Capacity Grants Program,F'Y2011 TOTAL ELIGIBLE Elements/Objects COST(TEC)* Task I -Project Administration/Management(limited to 10%of total) $0 Task 2-Implementation and management of Stormwater Program $367,065 Total $367,065 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS(There are no matching requirements) DEPARTMENT Share FY 2011 (100% of TEC) $367,065 Payment Request Submittals. Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's Project/Financial Manager may require the RECIPIENT to submit regular payment requests to -� ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost-reimbursable basis PART V. SCOPE OF WORK The RECIPIENT will ensure that this project is completed according to the details of this agreement The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. Task 1 -Project Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be Limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements, application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required perfonnance items. B. The RECIPIENT will manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control Every effort 5 will be made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT will submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all applicable forms will be included with an original A19-1A, and will be submitted to the DEPARTMENT Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans at http www.ecy wa.govlbibliol9118 html Required Forms: Where Eligible Costs Have Incurred. Form A 19-1 A(original signature) Form E(ECY 060-12) Form B2 (ECY 060-7) Form F(ECY 060-13) Form C2 (ECY 060-9) Form G(ECY 060-14) Form D(ECY 060-11) Form 14(F-21) Form I(ECY 060-15) D. If work conducted results in a report, the RECIPIENT will submit the following to the DEPARTMENT's Project/Financial Manager and in the quantities identified: • Draft project completion reports—one electronic copy • Final project completion reports—five copies • Electronic copy of final project completion report The RECIPIENT will submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT If the RECIPIENT needs more than one approved copy,the number of submittals should be adjusted accordingly. Task 2 — Implementation of Stormwater Planning and Management Needs A. The RECIPIENT will address stormwater management needs that protect or restore water j quality. The RECIPIENT may conduct work related to implementation of activities required by the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. The following is a list of elements your project may include. Please check all boxes that apply to your project. ' ® Public education and outreach activities ❑ Public involvement and participation activities ® Illicit discharge detection and elimination (IDDE) program activities,including: 1. Mapping or geographic information systems of municipal separate storm sewer systems (MS4s), 2. Staff training; 3. Activities to identify and remove illicit stormwater discharges; 4. Dry weather outfall screening procedures and field activities; 6 �J I� 5. Complaint hotline database or tracking system improvements. Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: 1. Development of an ordinance and associated technical manual; 2. Inspections before, during, and upon completion of construction, or for post- construction long-term maintenance; 3. Training for plan review and/or inspection staff. ` ® Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: 1. Inspecting and/or maintaining the MS4 infrastructure; 2. Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. ❑ Annual reporting activities, including developing a summary of identified barriers to the use of low impact development. ❑ Establishing and refining stormwater utilities, including stable rate structures. ® Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL).Note that any monitoring funded by this prograrn requires submittal of a Quality Assurance Project Plan that Ecology approves prior to awarding funding for monitoring. ® Monitoring, including: 1. Developing a report to plan for monitoring the next permit cycle; 2. Monitoring activities to meet Phase I permit requirements; ❑ Structural stormwater controls program activities (Phase I permit requirement) ❑ Source control for existing development (Phase I permit requirement), including: 1. Inventory and inspection program; 2. Technical assistance and enforcement; 3. Staff training. ® Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general us pick-up truck). Qualified equipment purchases include but are not limited to: 1. Illicit discharge testing equipment and materials; 2. Vactor truck or sweeper truck or MS4 maintenance activities; 3. Electronic devices dedicated to mapping of MS4 facilities and attributes; 4. Software dedicated to tracking permit implementation activities. PART VI. SPECIAL TERMS AND CONDITIONS Ir A. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. PART VII. ALL WRITINGS CONTAINED HEREIN 7 n the entire understanding between the parties, and there are no other The following contain g p , understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement • Attachment I: General Project Management Requirements for the Municipal Stormwater Capacity Grants Program • Attachment II. General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the fiscal year in which the project is funded • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY KELLY SUSEWIND, P.E., P.G. DATE SUZETTE COOKE DATE WATER QUALITY PROGRAM MANAGER MAYOR APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND EDUCATION AND OUTREACH The RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must also check the Washington Waters websrte http://www.er,v.wa.gov/was[iinv-toti waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy either on floppy disks or CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. EQUIPMENT PURCHASE The following equipment will be eligible for purchase through this project: The total cost of all equipment purchased under this project will not exceed$367,065. Changes in equipment type must have prior approval from the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in this project through the use of project signs, acknowledgement in published materials,reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project-related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. 9 MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged,however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies, c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses d) Establish delivery schedules,where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number(if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Cash Only Match Where Applicable 10 Form A19-IA (original signature) Form A19-IA(original signature) Form E (ECY 060-12) Form B1 (ECY 060-3) Form B2 (ECY 060-7) Form F (ECY 060-13) Form Cl (ECY 060-8) Form C2 (ECY 060-9) Form H (F-21) Form D(ECY 060-11) Form D (ECY 060-11) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost-reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term envrromnental results or goals from the project three years after project completion The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project,as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed without a progress report. Reporting Periods. • January 1 through March 31 • April 1 through June 30 • July I through September 30 • October 1 through December 31 Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter. } Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified ur this agreement. The recipient must also attach all landowner agreements signed during the respective quarter to each progress report. 11 REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion reports —up to 3 copies , • Electronic copy of final project completion report— 1 copy • Final project completion reports—up to S copies • Final project completion reports of statewide significance—up to 50 copies • Educational products developed under this agreement—up to 2 copies • Documents that require DEPARTMENT Approval—2 copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements— 1 copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements— 1 copy to the DEPARTMENT's Financial Manager WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP) The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies,February 2001 (Ecology Publication No 01-03-003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994(Ecology Publication No. 91-78) or more current revision,in developing the QAPP. The RECIPIENT must submit the QAPP to Ecology's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website, available at- http://www.coy.wa.yov/progi-ams/eap/labs/search.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the"ten-year rule." The ten-year rule means r that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal/Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: 12 http://www.ecv.wa.gov/eim The data submittal portion of the EIM website provides inforination and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinator@a,ecy.wa.gov If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. i 13 1�, ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A.RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C.THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E.ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS I. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits Prior to commencement of any construction,the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request 2. Discrimination The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. 14 ' G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise ' involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source ' and task or object. All grant/loan records shall be kept in a manner which provides an audit ; trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. ' Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. ' 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any l duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any ' such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder ' 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments &Non Profit Organizations), including the compliance Supplement to OMB ' Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response ' and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date = of the audit report. ' I.PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions The RECIPIENT shall also ' report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation Payments may be withheld if required progress reports are not submitted Quarterly reports shall cover the periods January 1 through March 31, April I through June 30, July 1 through September 30, and October 1 through December 31 Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses Payments shall be made for 15 each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major ' elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements , for Ecology Grants and Loans",part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT,payments will be made to the mutually agreed upon designee. Payment ' requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. , 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and ' within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT'S performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the ' DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J 6. ' herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be ' refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT , or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for , in the Scope of Work hereunder. K. TERMINATION ' 1. For Cause.The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to ' perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. ' A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, 16 ' drawings,maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become ' Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of i damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. ' The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.I above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT ' to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT s governing body;provided,however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL fiords paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the ' DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the ' same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212 Wilk 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving infonnation supplied by the DEPARTMENT; use logos, reports, maps or other data, in ' printed reports, signs, brochures, pamphlets, etc , appropriate credit shall be given to the DEPARTMENT 17 Ci 3. Tangible Property Rights The DEPARTMENT's current edition of"Administrative ' Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the ' DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said , property is lost, stolen or damaged while in the RECIPIENT's possession,the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT ' shall establish that the cost of land/or facilities is fair and reasonable b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire ' title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any ' impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sate, lease or other conversion or encumbrance which monies granted pursuant to this ' agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled , paper). For more information, see http://www.ecy.wa gov/sustainabilit�. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent ' upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work In the event the RECIPIENT fails, for any reason,to perfoirn obligations required of it by this agreement, the RECIPIENT may, at the , DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of ' twelve percent(12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in 18 Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the ' RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determmation of the Project Officer or othei designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. ' Q.DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized ' representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's detennination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall ' participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the ' proceeds thereof S. INDEMNIFICATION 1 The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. ' 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other hannless from and against any liability for any or all 19 injuries to persons or property arising from the negligent act or omission of that party or that t party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY , 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, and to this end the provisions of this agreement , are declared to be severable. V. PRECEDENCE , In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; ' (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and(e)the General Terms and Conditions. SS-010 Rev. 04/04 20 , iKent City Council Meeting Date September 21, 2010 Category Consent Calendar - 7F 1. SUBJECT: U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey, amend the budget accordingly, and provide for the disbursement of the funds in accordance with the agreement. This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For Fiscal Year 2011, the City of Kent will contribute $48,800 to the annual program costs of $92,900 with the USGS providing the remainder. 3. EXHIBITS: Memorandum dated 8/30/2010 and U.S. Geological Survey Joint Funding Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) f5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 L W.SH1.UT0. Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 30, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: September 13, 2010 From: Michael Mactutis, PE, Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Joint Funding Agreement for the cooperative data-collection program with the U.S. Geological Survey Motion: Move to recommend Council authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: This is an on-going program with the City of Kent and the U.S. Geological Survey ` (USGS) for stream data collection. For Fiscal Year 2011, The City of Kent will contribute $48,800 to the annual program costs of $92,900 with the USGS providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The gages, through their link to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. i ' The stream flow measured at the gage at Rock Creek and Kent Kangley Road is proposed to be used as a criteria to determine the City's augmentation of flows in Rock Creek during certain periods of the year. This contract will provide for operation, maintenance and data collection at five gages. Two are located on Mill Creek, one on Springbrook Creek and two on Rock ' Creek. The gage information Is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current?type=flow Budget Impact: Costs for this contract will be charged partially to the Water Utility (Rock Creek gages) and partially to the Stormwater Utility (Mill and Springbrook gages). I { ' Form 9-1366 U.S. Department of the Interior Customer#: WA098 FY11 (Oct 2005) U.S. Geological Survey Agreement#: 11W4WA09800 Joint Funding Agreement Project#: 97229EU TIN #: 916001254 Fixed Cost I✓ r Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1sT day of OCTOBER 2010, by the U S GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part 1 The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation, maintenance, and data collection at the Springbrook, Mill Creek, and Rock Creek stream gaging stations, herein called the program The USGS legal authority is 43 USC 36C, 43 USC 50, and 43 USC 50b ' 2 The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program 2(b) includes In-Kind Services in the amount of$ NIA by the party of the first part during the period (a) $44,100 OCTOBER 1, 2010 to SEPTEMBER 30, 2011 by the party of the second part during the period (b) $48,800 OCTOBER 1, 2010 to SEPTEMBER 30, 2011 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties ' (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties 3 The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party 4 The field and analytical work pertaining to this program shall be under the direction of or subject to periodic ' review by an authorized representative of the party of the first part 5 The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement 6 During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party 7 The original records resulting from this program will be deposited in the office of origin of those records Upon request, copies of the original records will be provided to the office of the other party I 8 The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible The maps, records, or reports normally will be published by the party of the first part However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties 9 USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040) Billing documents are to be rendered QUARTERLY Payments of bills are due within 60 days after the billing date If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date (31 USC 3717, Comptroller General File B- 212222, August 23, 1983) Name of Customer U.S. Geological Survey City of Kent United States Department of the Interior USGS Point of Contact Customer Point of Contact , Name Bob Kimbrough Name Address USGS WAWSC Address 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone 253-552-1608 Telephone Email rakimbru(cbusgs qov Email Signatures Signatures By Date Zo/r7 By Date NamePCenter ynthia Barton, Ph.D., L.G., L.H.G. Name Title Director, USGS Washington Title , Water Science Center By Date By Date Name Name Title Title WA098/11 W 4 W A09800/FYI l-C Kent City Council Meeting Date September 21, 2010 Category Consent Calendar - 7G 1. SUBJECT: PANTHER LAKE ELEMENTARY SEWER EXTENSION BILL OF SALE 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Panther Lake Elementary Sewer Extension, permit #2080287, for 1654 linear feet of sanitary 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: I � 1 MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ® ATTN: Kelly Casteel, PE 220 — 4rH AVENUE SOUTH W A S H I N 6 T O N KENT, WASHINGTON 98032 Project: Panther Lake Elementary School ASP s Permit #:2080287 Location: SE 216`1 Street, Kent, WA 6 ' Parcel #:0822059031 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 21 day of July 2009, by and between Kent School District #415, hereinafter called `Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": iWITNESSETH: 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 gate valves at$ each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline. B. SANITARY SEWERS: Together with a total of 9 manholes at$4,200 each and/or any other appurtenances thereto. ON FROM TO I (street, easement, etc.) SE 2161h Street 981h Avenue S 102"d Place SE Including 1654 linear feet at $220.42 per LF of 8" (size &type) PVC sewerline. Bill of Sale 1 of S I C. NEW STREETS- Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TTD (street, easement, etc.) Including linear feet at $ per LF of (size &type) (Improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) , Including linear feet at$ per LF of (size &type) (improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of. _ catch basins at $ each, LF of blofiltration swale or drainage ditch with a total cost of $ , cubic feet of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. , ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of ' (size &type) seweriine. 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 2of5 1 IN WITryE$S WHEREOF the and resigned has caused this instrument to be executed on this day of_S4�tl1�J�1 , 20 0—. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 1 STATE OF WASHINGTON ) ) SS COUNTY OF KING h ) On this q� day of �l' � , 20 — , before me, the t undersigned A Notary Pubic in and for the State of Washington, duly commissioned and sworn, personally appeared � A ncY g to me known to be the individual descnbed 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 u11ss�es,and purposes therein mentioned. GIVEN under my hand and official seal this. day of 20 tt1t1F111NU�,q,�ry,�';� + Notary Public in and for the State of Washington, residing at 1 `I Lll WASN`��i My Commission Expires: J Bill of Sale 3 of 5 STATE OF WASHINGTON ) ) 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 I 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 My Commission Expires; The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Councli of the City of Kent, King County, Washington, on the da y of , 20 Bill of Sale 4of5 KEPT WAS H ING T Q N ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Panther Lake Elementary School project dated July 21, 2009 , for the same said sewer extension project. Doreen S. Gavin, PE, the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of AHBL, Inc. , the firm responsible for the preparation of the record drawings. i Signature (Engineer stamp required) "1 S. 0 uS 23467 Sri-. �NCs r Bill of Sale 5of5 1 Kent City Council Meeting Date September 21, 2010 Category Consent Calendar - 7H 1. SUBIECT: TRI MED AMBULANCE BILL OF SALE 2. SUMMARY STATEMENT: Accept the Bill of Sale for Tri Med Ambulance, permit #2080979, for 1 gate valve, 1 hydrant, 16 linear feet of waterline, 186 linear feet of new street, and 140 linear feet of frontage improvements. 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 i ATTN: Sean Wells K��j 220 — 4TH AVENUE SOUTH WASH 1 N Q T O N KENT, WASHINGTON 98032 E', f�® Project: Trl-Med Ambulance EC V Permit # 2080979' AL 2 9 'LULU Location. 203 Thompson Ave. N cl-fY OF KENT P Parcel #• 5436200975 k ENGINEERING DE BILL OF SALE tCITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 4th day of May 20 10 , by and between 188th Partners 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 1 gate valves at $ 250 each, 1 hydrants at $ 2,500 each and/or any other appurtenances thereto. ON I FROM TO (street, easement, etc.) Thompson Ave N Including 16 linear feet at$ 65 per LF of 6" (size &type)Ductile Iron waterline. B. SANITARY SEWERS: N/A ' Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerhne. Bill of Sale Iof5 t f C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) NW corner of Thompson Ave. N & W Harrison St. Including 186 linear feet at $ 42 per LF of 6' sidewalk, curb, & gutter (size &type) concrete (improvement). D. FRONTAGE IMPROVEMENTS: N/A Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM (street, easement, etc.) NW corner of Thompson Ave. N & W Harrison St. Including 140 linear feet at$ 15 per LF of trees & landscaping (size &type) (improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of catch basins at $ each, LF of biofiltration swale or drainage ditch with a total cost of $ , cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. Off FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) 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 ofSale 5 2 of 5 i IN WITNESS WHEREOF, th d rsigned has caused this instrument to be executed on this I day of � , 20 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 t a STATE OF WASHINGTON ) SS COUNTY OF KING 1 4 On this day of J it , 20 / V , before me, the undersigned Notary Puu�blic in and for the State of Washington, ly commissioned and sworn, personally appeared Jew V 6, A/, 1A(iV\, to me known to be the individual described in and who executed thl foregoing instrument, and acknowledged to me that he/she signed and sealed this 0 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 fl " day of ;LAq 20_O CAS 6 A&0— Notary Public in and for the State of ICOREBN MOSS Washington, residing at STATE OFWASHINGTON -j (A 6cw f Ll NOTARY PUBLIC - My Commission Expires: MY COMMISSION EXPIRES- IIA I 1 02,14,12 t Bill of Sale 3of5 STATE OF WASHINGTON ) t ) SS COUNTY OF KING ) day of 'A , 20 �� , before me, the On this 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 Washington, residing 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 20 1 1 i 1 Bill of Sale 4 of 5 1 � �• KENT WASH INGTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Tri-Med Ambulance project dated May 17, 2010 , for the same said Tri-Med Ambulance jproject. J. Scott Palmer the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Alta Cascade, Inc. , the firm responsible for the preparation of the record drawings. ` i i ature (Engineer- required) P I002 CV NvAs,,, c• 40567 �,QNYAL Bill of SS �i dl0 5 of 5 Kent City Council Meeting Date September 21, 2010 Category Consent Calendar - 7I 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER ALBERTSON - APPROVE 2. SUMMARY STATEMENT: Approve an excused absence from the September 7, 2010, Council meeting for Councilmember Albertson. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) t5. FISCAL IMPACT Expenditure? N/A Revenue? -N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds tDISCUSSION: ACTION: City Council Jamie Perry, Council President ® Phone 253-856-5712 Fax 253-856-6712 K E N T WASHINGTON Address, 220 Fourth Avenue S f� Kent,VVA 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Elizabeth Albertson, Councilmember DATE: September 14, 2010 SUBJECT: City Council Excused Absence I would like to request an excused absence from the September 7, 2010 City Council meeting. I was unable to attend. Thank you for your consideration. Elizabeth Albertson Councilmember nc REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 9 KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES August 10, 2010 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5:02 PM. • Chair Harmon noted two additional items for the agenda from Police. • Chair Harmon noted one additional item requested by D Higgins 1. Approval of Minutes D. Higgins moved to approve the minutes of the July 13, 2010 meeting. The motion was seconded by L. Thomas and passed 3-0. 2. National Niaht Out - INFO ONLY Chief of Police Steve Strachan and Public Education Specialist Sara Wood presented an update on NNO. There were 103 events held across the City, reaching an estimated 12,000 residents. , 3. Washington Traffic Safety Commission Law Enforcement Target Zero Teams Memorandum of Understanding - ACCEPT and Establish Budget Chief Strachan explained that $14,210 has been awarded for DUI emphasis D. Higgins moved to authorize the Kent Police Department to accept the Washington Traffic Safety Commission Target Zero grant in an amount not to exceed $14,210 and establish the budget. The motion was seconded by L. Thomas and passed 3-0. 4. Washington Association of Sheriffs and Police Chiefs $1,00 grant - ACCEPT Chief Strachan explained that $1,000 has been awarded to Kent to purchase equipment. L. Thomas moved to recommend that the Kent Police Department accept the Washington Association of Sheriffs and Police Chiefs Traffic Safety grant in the amount of $1,000. The motion was seconded by D. Higgins and passed 3-0. S. Sex and Kidnapping Offender Address and Residency Verification Program - INFO ONLY Chief Strachan introduced Detective Doug Garrett and he provided information on the verification process. 6. Fourth of July after-action report - INFO ONLY Chief Strachan provided information on the number of police calls and arrests over this year's holiday 7. Emergency Management Performance Grant Amendment - ACCEPT and AUTHORIZE Dominic Marzano stated that the amendment provided additional funds to the existing grant in the amount of $6,860 00 D. Higgins moved to recommend approval and acceptance of the WA State Military Dept Emergency Management Division, Emergency Management Performance Grant (EMPG) amendment and authorize the Mayor to sign the l amendment document. i The motion was seconded by L. Thomas and passed 3-0. Added items: 8. The Home Depot $2,500 grant award — ACCEPT Chief Stachan stated the funds will support a community-wide graffiti cleanup day on Saturday, September 18, 2010. D. Higgins moved to recommend that the Kent Police Department accept the $2,500 grant award from The Home Depot. The motion was seconded by L. Thomas and passed 3-0. 9. Bureau of Justice Assistance, Edward Byrne Memorial grant award — ACCEPT and Establish the budget Chief Strachan explained that the award in the amount of $84,277 would be used to , purchase equipment, fund training, and provide life skills classes for Kent jail inmates. L. Thomas moved to recommend that Council authorize the Kent Police Department to accept the FY 2010 Bureau of Justice Assistance grant in the Amount of $84,277 and establish the budget. 10. Regional Law, Safety and Justice Committee -INFO ONLY D. Higgins stated that he attended the 7/29/10 meeting of the Committee and advised the members of an upcoming King County proposition on this Novembers ballot which, if passed by voters, would direct 02% sales tax increase to Public Safety By law, cities would receive 40% of those funds D. Higgins would like the Kent City Council members to ask city administration and public safety department heads what they would do with the funds if the proposition passes. R. Harmon and L Thomas agreed with D. Higgins that the question should be asked in the near future. 11. INFO ONLY — Chief Strachan mentioned that the in-car video camera order is about to be placed and that the IT Department now has the necessary server storage. Chief Strachan advised the members that seizure funds from the Valley Narcotics Enforcement Team will be used to purchase a used Bearcat vehicle for the Valley Special Response Team (VSRT). The total purchase is estimated at $120,000, with $20,000 of seizure funds to be contributed to the purchase by each participating city of the VSRT Chief Strachan was asked by L. Thomas to share information on the officer-involved shooting that occurred on August 6`h. Due to the investigation process, Chief Strachan was only able to provide limited information. The meeting adjourned at 5:42 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 August 10, 2010 PUBLIC WORKS COMMITTEE MINUTES Monday, August 16, 2010 !� COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:05 p.m. ITEM 1 — Approval of Minutes Dated August 2, 2010: Committee Member Harmon moved to approve the minutes of August 2, 2010. The motion was seconded by Higgins and passed 3-0. ITEM 2 — Northwest Hydraulic Consultants Inc/Hawley Road Levee Improvements: Design Engineering Supervisor, Kelly Casteel, stated that the City's Hawley Road Levee is located along Hawley Road, between State Route 167 and Washington Avenue this project will reconstruct the levee to certifiable standards and is important for managing the City's flood protection. The consultant would conduct analyses of the Green River and hydraulic conditions that would result from certification of the Hawley Road Levee. The project would start in 2011. Higgins moved to recommend Council authorize the Mayor to sign a Consultant Services Agreement between the City of Kent and Northwest Hydraulic Consultants Inc. in an amount not to exceed $14,620 for the purpose of conducting analyses of the Green River and hydraulic conditions that would result from certification of the Hawley Road Levee Improvements, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. Item 3 — Puget Sound Energy (PSE)/South Crow Street Asphalt Overlay: Mark Howlett, Design Engineering Manager explained that back in 2009 Puget Sound Energy installed several miles of 16" natural gas main through the southern portion of Kent. As a condition of their project, PSE was required to provide a half-street asphalt overlay of the affected streets. One of the affected streets was South Crow Street between 1st Avenue South and 5tr' Avenue South. As part of the City's 2010 Miscellaneous Sanitary Sewer and Water Improvements Project the City will be installing a new water main on Crow Street between 1st and 5th Avenue south. The City and PSE agreed that PSE would not overlay the street when they finished their project because the City would be coming along the same street several months later PSE will reimburse the City for the cost to overlay the portion they did not do earlier. Harmon moved to recommend Council authorize the Mayor to sign an agreement between the City of Kent and Puget Sound Energy for asphalt overlay of West Crow Street, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. ITEM 4 — Local Improvement District (LID) 362: Set Hearing Date for Confirmation of Final Assessment Roll: City Engineer, Chad Bieren showed photos highlighting the L.I.D. area He went on to note that the preliminary L.I.D hearing was held on March 20, 2007 and the City Council passed the ordinance forming the L.I.D. and directed staff to proceed with the project. Bieren stated that the project is nearly complete and the Public Works Department would PUBLIC WORKS COMMITTEE MINUTES Monday, August 16, 2010 like to hold the final assessment roll hearing. Sidewalks, acceleration/deceleration lanes and utilities are considered a special benefit to the local properties and provided the basis for the L.I.D. assessments. Final Assessment notice letters will be sent out certified return receipt requested as well as regular USPS mail, as requested by the Committee Higgins moved to recommend that the City Council set October 5, 2010 at 3:00 p.m. in the Kent City Council chambers, as the date, time and place for the public hearing to confirm the final Assessment Roll for Local Improvement District 363, and to designate the Public Works Committee to act as the Board of Equalization for that hearing. The motion was seconded by Harmon and passed 3-0. Note: At the September 7, 2010 meeting Council set the L.I.D. Hearing for October S. 2010 at 2:00 PM due to a scheduling conflict. ITEM 5 - Consultant Agreement with )ones & Stokes Associates Inc/S 224th Street Proiect: Garrett Inouye, Project Engineer showed a site map of the area and noted that the S. 224th Street Project was approved by Council on April 2, 2008. The consultant will provide environmental permitting services for the S. 224th Street Project providing expertise that we do not have in-house. Harmon asked if this is Phase 1 and will there be more consultant agreements. LaPorte said that this is one of several pieces of this project and that Committee would most likely see other consultant agreements. Harmon moved to recommend Council authorize the Mayor to sign a Consultant Service Agreement with )ones & Stokes Associates, Inc. for the purpose of providing environmental permitting services for the S. 224th Street Project in an amount not to exceed $23,086.33, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. ITEM 6 - 2010 Citywide Large Culvert Pipe Cleaning/Interlocal Agreement with Drainage District No. 1 of King County: Mike Mactutis, Environmental Engineering Manager stated that the City of Kent 2010 Citywide Large Culvert Cleaning Project along Mill Creek in Kent involves working on Drainage District No 1 of King County property and that this Interlocal Agreement relates to funding King County Drainage District No. 1 negotiated with the City to provide $100,000 funding toward the project. Higgins moved to recommend Council authorize the Mayor to sign the Interlocal Agreement between the City of Kent and Drainage District No. 1 of King County for the City to receive a $100,000 contribution from Drainage District No. toward the cost of the 2010 Citywide Large Culvert Pipe Cleaning Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 7 Cancel Public Works Committee Meeting of September 6 2010 Due to the Labor Dav Holiday: Tim LaPorte, Public Works Director recommended that the Public Works Committee Meeting for Monday, September 6, 2010 be cancelled due to the Labor Day Holiday. Harmon move to recommend cancelling the first Public Works Committee meeting of September 6, 2010 due to the Labor Day Holiday. The motion was seconded by Higgins and passed 3-0. PUBLIC WORKS COMMITTEE MINUTES Monday, August 16, 2010 3 ITEM 8 — Special Public Works Committee Meeting — Set Date: September 13, 2010 at 4:00 p.m: Tim LaPorte, Public Works Director requested setting a date for a Special Public Works Committee Meeting for Monday, September 13, 2010, due to the Labor Day Holiday. Harmon move to recommend setting the Public Works Committee meeting for September 13, 2010 at 4:00 p.m., as a Special Meeting, due to the Labor Day Holiday. The motion was seconded by Higgins and passed 3-0. Item 9 — Information Only/National Pollutant Discharge Elimination System (NPDES) an Stormwater Maintenance - Update: Shawn Gilbertson Environmental Engineer and Greg Reed, Utilities Superintendent gave an informative PowerPoint Presentation Gilbertson spoke first on Stormwater Permits and gave an overview and update on NPDES. Reed talked about Stormwater maintenance giving the committee an overview of what the system looks like at this time and what needs to be done to keep the system running smoothly. Information Only/No Motion Required Item 10 — infer alien G /Changed to Action Item: Transportation Benefit District Public Works Director, Tim LaPorte, briefly went over where we are to date on the Transportation Benefit District Mooney stated that six people spoke at the hearing. The proposal on the table is to set a second Public Hearing for September 21, 2010 There are an abundance of projects to put on the list to use the TBD funds, Tim LaPorte asked the committee how they would like to proceed. A brief PowerPoint presentation was given showing a prioritized list of all projects needing work. It was noted that the tabs would only cover half of what was shown on the list. Higgins moved to recommend that Council set September 215` as the date for a second public hearing on the Transportation Benefit District Ordinance to be held at the regularly scheduled City Council meeting. The motion was seconded by Harmon and passed 3-0. Adiourned: The meeting was adjourned at 5.30 p.m. Cheryl Viseth, Public Works Secretary i 1 EXECUTIVE SESSION ■ ACTION AFTER EXECUTIVE SESSION