033012 City Council Library
Content
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title: Library Initiative Exhibits: 3-28-2012 Memorandum from Jay Covington 3-27-2012 Letter from King County Library System Director Bill Ptacek 3-27-2012 Letter from K&L Gates Attorney Charles Royce 3-05-2012 Memorandum from City Attorney Larry Warren Recommended Action: Council Concur Meeting: Regular Council - 02 Apr 2012 Submitting Data: Dept/Div/Board: Executive Staff Contact: Jay Covington
Fiscal Impact: Expenditure Required: $ Amount Budgeted: $ Total Project Budget: $ SUMMARY OF ACTION:
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Transfer Amendment: $ Revenue Generated: $ City Share Total Project: $
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In February, 2012, the City received an initiative petition requiring that “any library improvements for a downtown library must occur at the existing library location, and not at any other location unless the alternative proposed location for a downtown library is approved by a simple majority vote of Renton voters.” The petition signatures were submitted to the King County Department of elections for validation. In February of 2010, Renton voters approved the annexation to the King County Library System (KCLS). A condition of that annexation included the construction by Renton of “replacement facilities for both the Main and Highlands Libraries on other properties within the City . . .” Subsequent to the annexation, the City completed site selection analyses for both the Highlands and downtown locations. In March of 2011 the City purchased the property known as the “Big 5” site as the location for the new downtown library, and in May of 2011 issued $18 million in bonds to finance the construction of both libraries. In July of 2011, the City and KCLS entered into a new agreement, which obligated the city to fund the site acquisition, design, construction and other related costs for both new library facilities, at the Big 5 site downtown and the Sunset Blvd site in the Highlands. Design contracts have been approved and work is currently underway at both sites. The current agreement with KCLS requires the City to construct the new downtown (and highlands library) “consistent with or superior in form, function and quality” to other recently constructed KCLS libraries. Stopping work on the downtown site, and/or redirecting City resources to renovate the existing Cedar River building as the designated new downtown library would put the City in breach of contract with KCLS. Settling the contract dispute would likely result in millions of dollars in additional costs to the City. In a March 5, 2012 memorandum to the Mayor and City Council, the City Attorney opined that the library initiative would require an unconstitutional impairment of the contract with KCLS, and an improper collateral attack on the February 2010 annexation election. He also indicated that the initiative would be in improper infringement on the City’s budget authority, and that it improperly tries to direct administrative actions. His memo identified several other reasons the initiative was not valid or proper.
STAFF RECOMMENDATION:
The Administration recommends that the City continue its present course of action in constructing both the downtown and Highlands libraries, and that the City Council decline to place the library initiative on the ballot.
EXECUTIVE DEPARTMENT
M E M O R A N D U M
DATE: TO: VIA: FROM: SUBJECT: March 28, 2012 Rich Zwicker, Council President Members of Renton City Council Denis Law, Mayor Jay Covington, CAO Library Initiative
ISSUE: Should the City Council place the Library Initiative on the ballot? RECOMMENDATION: Decline to place the Library Initiative on the ballot. BACKGROUND SUMMARY: The King County Department of Records and Elections has notified the City that the Library Initiative has obtained sufficient valid signatures. The Council must now decide if the issue should be put on the ballot. Before the successful election where the majority voted for the City to join the King County Library System (KCLS), it was necessary to obtain the approval of KCLS. As a precondition of that approval, the City Council adopted an interlocal agreement (ILA) with KCLS, CAG-09-136, dated July 13, 2009. That ILA required certain significant actions be taken by the City, including in section 5 of the ILA “replacement facilities for both the Main and Highlands Libraries on other properties within the City…” Based on that promise by the City, KCLS agreed to allow the issue to go to the ballot, where it passed. The Library Initiative would require the City to repudiate a key provision of the ILA, which was a material part of the vote to join KCLS. As opined by the City Attorney in his March 5, 2012, opinion to the Mayor and Council, the Library Initiative would require an unconstitutional impairment of the contract with KCLS and an improper collateral attack on that election. In September 2010, subsequent to the annexation vote, KCLS, with input from the community, completed a Library Service Area Analysis to analyze and recommend the most optimal distribution of library services within the greater Renton area, now that
Rich Zwicker, Council President Member of Renton City Council Page 2 of 3 March 28, 2012
Renton was part of the King County Library System. That analysis reviewed costs, revenues, population trends and forecasts, demographics, transportation, and other considerations. Based on those key trends and conclusions, KCLS proposed the following recommendations for the Downtown Library: - A facility of up to 20,000 square feet with a civic presence in the downtown core - Be oriented toward public transportation and transit - Correspond to the economic development goals of the City of Renton - Provide information resources and increased space for computers, meeting rooms and other programmable spaces To meet the conditions and goals of the interlocal agreement and service analysis, the City conducted an analysis of several potential downtown sites. In March 2011, the full Council approved the purchase of the Big 5 site for the new library facility. Subsequently by ILA CAG-11-130, dated July 11, 2011, with KCLS, the City agreed in section 3a to “two new City of Renton library facilities consistent with or superior in form, function and quality of (sic) other recently constructed libraries…” in the KCLS system. After running the current Cedar River library site for some time, KCLS has informed the City that the Cedar River library can never be brought to the functionality or quality of other recently constructed KCLS libraries, and would not meet the goals of the 2010 Library Service Area Analysis. The Library Initiative would again require the City to unconstitutionally impair the second ILA with KCLS. KCLS has also expressed concern about the precedent of a City violating the agreement upon which KCLS agreed to allow the City to annex to KCLS. KCLS is currently reviewing the annexation to its system by another city and is negotiating a contract with that city setting the terms upon which KCLS will agree to allow the annexation to proceed. KCLS is very concerned about the integrity of that process if there is a precedent of a city repudiating its agreement after election to join KCLS. Before settling on the new Downtown site, there was an analysis done about the cost of redeveloping the Cedar River Library or building a new library. The study showed that a new library building would be cost effective, and would provide the best flexibility toward meeting future library service needs for the community. Also redeveloping the Cedar River Library would require renting an interim facility and moving the library, assuming a suitable site could be found during renovation. While cost estimates are rough, the Administration believes that renovating the Cedar River Library building with its higher costs and temporary relocation requirements, and considering the acquisition costs and architectural costs already invested in the Big 5 site, could result in the Cedar River Library costing millions more than developing the Big 5 site (see accompanying letter from KCLS). To meet our contractual obligations to KCLS, this would require City Council to identify a funding source to meet the revenue shortfall.
Rich Zwicker, Council President Member of Renton City Council Page 3 of 3 March 28, 2012
Another concern is that the Council, by taking this action, would be allowing its budgeting authority to be infringed upon by the Library Initiative, which is an improper use of the initiative process. Finally, the City Attorney’s opinion of March 5, 2012, sets forth several additional reasons why the Library Initiative is improper including that the initiative is really an untimely referendum and that it improperly tries to interfere with the Administration in executing policy adopted by Council to build a new downtown library and acquire the necessary property. It is worth restating in this staff report that—in addition to the two new library facilities—the City has always intended to keep the building over the Cedar River in public ownership and accessible to the public. Since September 2011, the Liberty Park Library Steering Committee has been developing recommendations for the City Council to consider. The committee has completed its work and is scheduled to present its findings and recommendations to the City Council next month. CONCLUSION: Beginning with the annexation vote in February 2010, the City Council and Administration have taken a number of actions that have contractually committed the City to complete a downtown library at the Big 5 site. We acknowledge the public sentiment regarding the current location of the library over the river, and the time and effort taken to submit signatures for the initiative. But suspending or reversing previous City decisions and actions would place the City at considerable legal and financial risk, and would not meet the goals and objectives of the analyses done to determine the best way to provide library services now and into the future for the City of Renton. Therefore, the Administration recommends that the City continue its present course of action. The City Council should decline to place the Library Initiative on the ballot.
Subject/Title: Library Initiative Exhibits: 3-28-2012 Memorandum from Jay Covington 3-27-2012 Letter from King County Library System Director Bill Ptacek 3-27-2012 Letter from K&L Gates Attorney Charles Royce 3-05-2012 Memorandum from City Attorney Larry Warren Recommended Action: Council Concur Meeting: Regular Council - 02 Apr 2012 Submitting Data: Dept/Div/Board: Executive Staff Contact: Jay Covington
Fiscal Impact: Expenditure Required: $ Amount Budgeted: $ Total Project Budget: $ SUMMARY OF ACTION:
0 0 0
Transfer Amendment: $ Revenue Generated: $ City Share Total Project: $
0 0 0
In February, 2012, the City received an initiative petition requiring that “any library improvements for a downtown library must occur at the existing library location, and not at any other location unless the alternative proposed location for a downtown library is approved by a simple majority vote of Renton voters.” The petition signatures were submitted to the King County Department of elections for validation. In February of 2010, Renton voters approved the annexation to the King County Library System (KCLS). A condition of that annexation included the construction by Renton of “replacement facilities for both the Main and Highlands Libraries on other properties within the City . . .” Subsequent to the annexation, the City completed site selection analyses for both the Highlands and downtown locations. In March of 2011 the City purchased the property known as the “Big 5” site as the location for the new downtown library, and in May of 2011 issued $18 million in bonds to finance the construction of both libraries. In July of 2011, the City and KCLS entered into a new agreement, which obligated the city to fund the site acquisition, design, construction and other related costs for both new library facilities, at the Big 5 site downtown and the Sunset Blvd site in the Highlands. Design contracts have been approved and work is currently underway at both sites. The current agreement with KCLS requires the City to construct the new downtown (and highlands library) “consistent with or superior in form, function and quality” to other recently constructed KCLS libraries. Stopping work on the downtown site, and/or redirecting City resources to renovate the existing Cedar River building as the designated new downtown library would put the City in breach of contract with KCLS. Settling the contract dispute would likely result in millions of dollars in additional costs to the City. In a March 5, 2012 memorandum to the Mayor and City Council, the City Attorney opined that the library initiative would require an unconstitutional impairment of the contract with KCLS, and an improper collateral attack on the February 2010 annexation election. He also indicated that the initiative would be in improper infringement on the City’s budget authority, and that it improperly tries to direct administrative actions. His memo identified several other reasons the initiative was not valid or proper.
STAFF RECOMMENDATION:
The Administration recommends that the City continue its present course of action in constructing both the downtown and Highlands libraries, and that the City Council decline to place the library initiative on the ballot.
EXECUTIVE DEPARTMENT
M E M O R A N D U M
DATE: TO: VIA: FROM: SUBJECT: March 28, 2012 Rich Zwicker, Council President Members of Renton City Council Denis Law, Mayor Jay Covington, CAO Library Initiative
ISSUE: Should the City Council place the Library Initiative on the ballot? RECOMMENDATION: Decline to place the Library Initiative on the ballot. BACKGROUND SUMMARY: The King County Department of Records and Elections has notified the City that the Library Initiative has obtained sufficient valid signatures. The Council must now decide if the issue should be put on the ballot. Before the successful election where the majority voted for the City to join the King County Library System (KCLS), it was necessary to obtain the approval of KCLS. As a precondition of that approval, the City Council adopted an interlocal agreement (ILA) with KCLS, CAG-09-136, dated July 13, 2009. That ILA required certain significant actions be taken by the City, including in section 5 of the ILA “replacement facilities for both the Main and Highlands Libraries on other properties within the City…” Based on that promise by the City, KCLS agreed to allow the issue to go to the ballot, where it passed. The Library Initiative would require the City to repudiate a key provision of the ILA, which was a material part of the vote to join KCLS. As opined by the City Attorney in his March 5, 2012, opinion to the Mayor and Council, the Library Initiative would require an unconstitutional impairment of the contract with KCLS and an improper collateral attack on that election. In September 2010, subsequent to the annexation vote, KCLS, with input from the community, completed a Library Service Area Analysis to analyze and recommend the most optimal distribution of library services within the greater Renton area, now that
Rich Zwicker, Council President Member of Renton City Council Page 2 of 3 March 28, 2012
Renton was part of the King County Library System. That analysis reviewed costs, revenues, population trends and forecasts, demographics, transportation, and other considerations. Based on those key trends and conclusions, KCLS proposed the following recommendations for the Downtown Library: - A facility of up to 20,000 square feet with a civic presence in the downtown core - Be oriented toward public transportation and transit - Correspond to the economic development goals of the City of Renton - Provide information resources and increased space for computers, meeting rooms and other programmable spaces To meet the conditions and goals of the interlocal agreement and service analysis, the City conducted an analysis of several potential downtown sites. In March 2011, the full Council approved the purchase of the Big 5 site for the new library facility. Subsequently by ILA CAG-11-130, dated July 11, 2011, with KCLS, the City agreed in section 3a to “two new City of Renton library facilities consistent with or superior in form, function and quality of (sic) other recently constructed libraries…” in the KCLS system. After running the current Cedar River library site for some time, KCLS has informed the City that the Cedar River library can never be brought to the functionality or quality of other recently constructed KCLS libraries, and would not meet the goals of the 2010 Library Service Area Analysis. The Library Initiative would again require the City to unconstitutionally impair the second ILA with KCLS. KCLS has also expressed concern about the precedent of a City violating the agreement upon which KCLS agreed to allow the City to annex to KCLS. KCLS is currently reviewing the annexation to its system by another city and is negotiating a contract with that city setting the terms upon which KCLS will agree to allow the annexation to proceed. KCLS is very concerned about the integrity of that process if there is a precedent of a city repudiating its agreement after election to join KCLS. Before settling on the new Downtown site, there was an analysis done about the cost of redeveloping the Cedar River Library or building a new library. The study showed that a new library building would be cost effective, and would provide the best flexibility toward meeting future library service needs for the community. Also redeveloping the Cedar River Library would require renting an interim facility and moving the library, assuming a suitable site could be found during renovation. While cost estimates are rough, the Administration believes that renovating the Cedar River Library building with its higher costs and temporary relocation requirements, and considering the acquisition costs and architectural costs already invested in the Big 5 site, could result in the Cedar River Library costing millions more than developing the Big 5 site (see accompanying letter from KCLS). To meet our contractual obligations to KCLS, this would require City Council to identify a funding source to meet the revenue shortfall.
Rich Zwicker, Council President Member of Renton City Council Page 3 of 3 March 28, 2012
Another concern is that the Council, by taking this action, would be allowing its budgeting authority to be infringed upon by the Library Initiative, which is an improper use of the initiative process. Finally, the City Attorney’s opinion of March 5, 2012, sets forth several additional reasons why the Library Initiative is improper including that the initiative is really an untimely referendum and that it improperly tries to interfere with the Administration in executing policy adopted by Council to build a new downtown library and acquire the necessary property. It is worth restating in this staff report that—in addition to the two new library facilities—the City has always intended to keep the building over the Cedar River in public ownership and accessible to the public. Since September 2011, the Liberty Park Library Steering Committee has been developing recommendations for the City Council to consider. The committee has completed its work and is scheduled to present its findings and recommendations to the City Council next month. CONCLUSION: Beginning with the annexation vote in February 2010, the City Council and Administration have taken a number of actions that have contractually committed the City to complete a downtown library at the Big 5 site. We acknowledge the public sentiment regarding the current location of the library over the river, and the time and effort taken to submit signatures for the initiative. But suspending or reversing previous City decisions and actions would place the City at considerable legal and financial risk, and would not meet the goals and objectives of the analyses done to determine the best way to provide library services now and into the future for the City of Renton. Therefore, the Administration recommends that the City continue its present course of action. The City Council should decline to place the Library Initiative on the ballot.
