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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, May 22, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATIONS a) National Gun Violence Awareness Day - June 2, 2023 b) National Public Works Week - May 21 - 27, 2023 4. SPECIAL PRESENTATION a) Renton Employee Lifesaving Award 5. ADMINISTRATIVE REPORT a) Administrative Report 6. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 15, 2023. Council Concur b) AB - 3359 Public Works Utility Systems Division recommends executing Amendment No. 8 to CAG-16-103, with RH2 Engineering, Inc., in the amount of $348,330 for the design of the replacement of the Highlands 435-Zone reservoirs and water mains. Refer to Utilities Committee 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers; Supplement #7 to CAG-20-127 with Perteet, Inc. for Additional Construction Management Services for the Williams Avenue South and Wells Avenue South Conversion Project; Organized Crime Drug Enforcement Task Forces FY23 Agreement; Lobby Limited-Term Position; 4Culture Arts Sustained Support Program Grant 9. LEGISLATION a) Staff Recommendation to conduct second reading of Revised Ordinance No. 6112. Ordinance for second and final reading: a) Ordinance No. 6112: Amending RMC 6-12 to Regulate Dangerous Drugs (First reading 5/15/2023; revised to avoid conflict with Second Engrossed Second Substitute Senate Bill 5536 ) 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - 7th Floor Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings AO6eMUOUaJ.L9086VM‘uOTUd‘XeMXpetflnosccOLJOOLflt‘IIH!)UOWH—VUOñU!qDM‘uo:jaeiIo3]OADLAJ‘dUOAOdow]•EZOZ‘Aej,joAepSIqpaX!J4eaqououajoA!311JOieasaqpasnepuepueqAwasounaaqaAeqIfoaiyazssunziiiJS3A!IUWflLjflIeApueJOUOLOpueaDUaiO!AVJOSDJJ3!eJaqUaAaJUoSjojjaiodUnsosap!saJeaenouaI‘uouaJOA!JU!Iiv;ssauaivazjujoiun5jvuonv7vjaqofQ‘UflfW!eIDOJdAqaaqop‘UOWaNJOA!JaJOoAej‘aUOAedOPUOWJV‘itaJofaJy4“nzo7vJeSSaL!UflWWODpUeSa!l!WeJiflOd)jdqOd!qsiaUMoUflajqsUodsaJJflODUpe‘aDUaIO!AUflDflLJJOU3W!WWODJflOMaUaJaM‘SVaLdy44,pueSJOA!AJflSpueSW!D!ADUO!AUflJOSaA!I1flJOUO1pue‘aDUaiO!AUflJOSDedW!aqJOsauaeeasedpaqo:i‘ozauntU!AepudS]!Jaq:‘3UflfUOaueoieaOU!paIdAqu!eUweDS!LflU!O[ueaUOAUe‘sva.typeaJ!IewnqJoanieaipsaz!oqwAseqes!aueoasneaqpe‘spooMaqU!SJUflaioo:S3A,SW1flaDUflOUUeOaueioJeaMsiaunqasneaqUaSOqDe‘aUeJou!JeaMAqaJ!IaeowawwoosaewssepJ!aqpajseOM‘spua!JJSIeA!PGHJOdnoeAqpa!Usu!Seap!a‘sva.typuesw!p!AasOLflJOSUOPAOIPU‘3DU310!AUflJOSWLD!AJOouoqosiepue‘ETOU!SIaeepeoqsAIIeD!eJseMOM‘UOIpUadeA!peHoflq!JU!UEJOJGMpueAessauaeaDuaIo!AUfl9IeUo!eNaz!uoDaII!Msaespa!Unaqssoeaidoad‘svaiy’vi,peaDUaIO!AUflA!DU!SJDU!Uepe‘SaU!flOqaDUaIO!ADflSW0Os,iepaseau‘AJUnoDaqssoesUflooSieeuoupue‘Sap!D!WOqwJeaJ!JU!aseaiJU!ueaasaMseJaiaU1flueJodw!aiowS!UOflUaAaJUaDUaIO!AUfl‘SDaidy44,peaesSUaZ!!DMafld)OMOpuesjapnOpaUOL!SOUsaqaepe‘!ssappeoMOpueAApeIeU!w!Dieoiq!M1e!I!weJsowaqae‘saqsa!!unwwoDJ!aqMOU)-sanosapuess!A!peUO!UaMaU!aDUaIO!Aieoi1I!Md!qsJau]edU!-SJaD!JJ0UWDJOJUMelPUsioAew‘svaJypueA!q!sUodsa]Sa11!LIsjoAeweS!AaJeSD!qndU!LDaOJd‘Svaidypuesuo!nlospaseq-aJuapAaL1!MaDUalO!Assaiasuasq:UBoU!)JOMae‘UOUaNU!U!pfllDU!‘Uo!eu1flssoeSa!!D‘SVJ?lJ44,puealdoad000’OOtadsqeap$•oiJOaeeLfl!M‘jeaAAJaAasqeapungJOaeaeueaeaJaq‘uouqse/xfU!‘SDatdy44,pueieaAAJaAaSaPP!W011un000’LIueqaowJOaeiaeueq!M‘papUflOMpueoqsaeQOeqaiowpeaDUalo!AUflAqpOll!aesueDJaw’fotueqaow‘AepAJaAa‘SDatdy%UO!4VWYPOJdioXejUOAdoPuOWJV-AGENDA ITEM #3. a) ArmondoPavoneMayorqroc[amatbii‘14”hereas,publicworksprofessionalsfocusoninfrastructureandservicesthatareofvitalimportancetoasustainableandresilientcommunity,publichealth,highqualityoflife,andwell-beingofthepeopleofRenton;andreas,suchinfrastructureandservicescouldnotbeprovidedwithoutthededicatedeffortsofpublicworksprofessionalswhoareengineers,airportprofessionals,managers,andemployeesatalllevelsofgovernmentandtheprivatesector,whoareresponsibleforrebuilding,maintaining,improving,operating,andprotectingourcity’smobilitytransportationnetworks,water,wastewater,andsurfacewaterutilities,solidwastesystems,airport,publicbuildings,andotherstructuresandfacilitiesessentialforourresidents;and‘14”hereas,itisinthepublicinterestfortheresidents,civicleaders,andchildrenofRentontogainknowledgeofandtomaintainanactiveinterestandunderstandingoftheimportanceofpublicworksandpublicworksprogramsinourcommunity;and‘14”fiereas,2023marksthe63rdannualNationalPublicWorksWeek,“connectingtheworldthroughPublicWorks,”sponsoredbytheAmericanPublicWorksAssociation,whosethemechallengesourresidentsandemployeestothinkabouttherolepublicworksplaysincreatingagreatplacetolive,workandplay;Wow1tfierefore,I,ArmondoPavone,doherebyproclaimMay21to27,2023,as9[ationatPubticWorksWeeIintheCityofRenton,andIencourageallresidentstorecognizethecontributionspublicworksprofessionalsmakeeverydaytoprotectourhealth,safety,comfort,andqualityoflife.Inwitnesswhereof,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontoAAbeaffixedthis221dayofMay2023.AArmnUPavone,MayorCity,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwIg’o1’AGENDA ITEM #3. b) MAYOR’S OFFICE M E M O R A N D U M DATE: May 22, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • The first of Sustainability & Solid Waste’s three Recycle events was held on Saturday, May 13 at Renton Technical College. Materials collected at the May event included oversized metal and Styrofoam®. The event served over 411 participants and prevented over 12.26 tons of metal and 1,190 pounds of Styrofoam® from landfill disposal, thus keeping these materials circulating in the economy to provide green jobs and produce new products. For customers’ information and to promote recycling year-round, staff produced and distributed the Recycling Resource Guide, which provides a listing of local recyclers offering convenient recycling services for a variety of materials not collected at the curbside or at city events. The guide is available on our website. Partnering with The Salvation Army Rotary Food Bank resulted in 100 pounds of food donated by Recycle Event participants, helping to support emergency food assistance in our community. The next scheduled Recycle Event is June 10, 10:00 a.m. – 2:00 p.m. in the Renton Technical College North Parking Lot. Mattresses and box springs, cardboard, tires, and Styrofoam® will be collected. For more information, please contact the Renton Recycle Events Hotline at 425- 430-7398 or Julie Pursell at jpursell@rentonwa.gov • Pop-up Lunch Schedule: In addition to lunch, each event will have hygiene kits, socks, and food for dogs and cats available. o Wednesday, May 24, 12:00 - 1:30 p.m., 300 Rainier Avenue North, sponsored by the Emergency Feeding Program/SOS (will be held regularly on the second and fourth Wednesday through December 2023). o Friday, May 26, 10:00 a.m. - 2:00 p.m., 126 Logan Avenue North, sponsored by SOS/Food Lifeline Pop-up (will be held regularly every Friday through December). AGENDA ITEM #5. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 3 • Spanish-Speaking CPR Classes: In partnership with Centro Rendu, the Renton Regional Fire Authority will be conducting CPR courses in Spanish. Classes are scheduled for Saturday, June 3 and Saturday, November 4. The classes will be from 9:00 a.m. to 2:00 p.m. and held at the Renton Regional Fire Authority Station 13; 18002 108th Avenue SE, Renton 98055. Visit rentonrfa.com to view classes and register via Eventbrite. • The King County Flood Control District is considering developing a Flood Hazard Management Plan for the Lower Green River Corridor that would guide future investments to reduce flood hazard risks over the next 30 to 50 years and shape flood protection planning along the Green River in Auburn, Kent, Renton, SeaTac, Tukwila, and unincorporated King County. To inform the plan, the District prepared a draft programmatic environmental impact statement (PEIS) that is available for public review and comment through June 19, 2023. The draft PEIS analyzes three different approaches to reducing flood hazard risks in the Lower Green River Corridor while providing other important benefits. More information and the PEIS document can be found at LowerGreenSEPA.org. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Tuesday, May 23, 7:00 a.m., 24 Hour Closure. Hardie Avenue SW will be closed from 7:00 a.m. Tuesday to 7:00 a.m. Wednesday between SW Langston Road and SW Victoria Street for asphalt repairs. VMS boards have been placed for advanced warning.  Wednesday, May 24, 7:00 a.m. to 4:00 p.m. Hardie Avenue SW will be flagged between SW Langston Road and SW Victoria Street for asphalt repairs.  Thursday, May 25, 7:00 a.m. to 4:00 p.m. North 5th Street between Pelly Avenue North and Wells Avenue North will be flagged for asphalt repairs.  Ongoing Street Closure through October 4, 2023. FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373.  Monday, May 22, 7:00 a.m., 24 hours/day. Upcoming street closure for remaining bridge maintenance work: • Bronson Way South between North Riverside Drive and Mill Avenue South will be closed for up to 60 calendar days starting at 7:00 a.m. on May 15. AGENDA ITEM #5. a) Valerie O’Halloran, Council President Members of Renton City Council Page 3 of 3 • The street closure will be 24 hours/day, 7 days/week. The contractor will be working Mondays through Fridays (and may work on Saturdays depending on the weather and work progress). • The primary northbound and southbound traffic detours will be signed and match the detours installed for the last street closure that occurred in fall 2022 for the bridge painting. All other bridges over the Cedar River will remain open to vehicles (subject to the vehicle weight limits posted on Williams Avenue Bridge and Houser Way Bridge). • The local adjacent streets (e.g. N 1st St, Wells Avenue South, etc.) will not be closed but will be signed “Local Access Only.” Visit the project information web page at https://rentonwa.gov/bronsonbridge for more information and to view the detour map. AGENDA ITEM #5. a) May 15, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, May 15, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Valerie O'Halloran, Council President Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Melissa McCain, Deputy City Clerk Kristi Rowland, Deputy Chief Administrative Officer Maryjane Van Cleave, Equity, Housing, and Human Services Administrator Kari Roller, Finance Department Administrator Ron Straka, Public Works Utility Systems Director Chief Jon Schuldt, Police Department Administrator Deputy Chief Jeff Hardin, Police Department Deputy Chief Ryan Rutledge, Police Department Attended Remotely: Judith Subia, Council Liaison Ellen Bradley-Mak, Human Resources / Risk Management Administrator AGENDA ITEM #7. a) May 15, 2023 REGULAR COUNCIL MEETING MINUTES Kelly Beymer, Parks & Recreation Administrator Cailín Hunsaker, Parks & Trails Director Carrie Nass, Recreation Director Kim Gilman, Human Resources Labor Relations & Compensation Manager PROCLAMATION a) Safe Boating & Paddling Week: A proclamation by Mayor Pavone was read declaring May 20 - 26, 2023 to be Safe Boating & Paddling Week in the City of Renton, encouraging all Renton residents to dedicate themselves to learning about and practicing safe boating, including wearing life jackets. Debra Alderman and Suzanne Chambers of U.S. Coast Guard Auxiliary Flotilla 130-02-05, and boating safety advocates who live in Renton and neighboring communities accepted the proclamation with appreciation. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. b) Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month: A proclamation by Mayor Pavone was read declaring May 2023 to be Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month in City of Renton, encouraging all members of the community to join in this special observation. Lele (Happy) Tian accepted the proclamation with appreciation. MOVED BY VǍN, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were: • Pop-up Lunch Schedule: In addition to lunch, each event will have hygiene kits, socks, and food for dogs and cats available. o Fridays, May 19 & 26, 10:00 a.m. - 2:00 p.m., 126 Logan Avenue North sponsored by SOS/Food Lifeline Pop-up (will be held regularly every Friday through December). o Wednesday, May 17, 12:00 - 2:00 p.m., 1150 Oakesdale Avenue SW sponsored by SOS Pop-up at the Sidney Wilson House (will be held regularly on the first and third Wednesday through December 2023, location will be rotated throughout the city). o Wednesday, May 24, 12:00 - 1:30 p.m., 300 Rainier Avenue North sponsored by the Emergency Feeding Program/SOS (will be held regularly on the second and fourth Wednesday through December 2023). • Spanish-Speaking CPR Classes: In partnership with Centro Rendu, the Renton Regional Fire Authority will be conducting CPR courses in Spanish. Classes will be offered at a reduced rate of $15 per person for 2023 and are scheduled for Saturday, June 3 and Saturday, November 4. The classes will be from 9 a.m. to 2 p.m. and be held at the Renton Regional Fire Authority Station 13; 18002 108th Avenue SE, Renton 98055. Visit rentonrfa.com to view classes and register via Eventbrite. AGENDA ITEM #7. a) May 15, 2023 REGULAR COUNCIL MEETING MINUTES • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Jack Battin, Renton, expressed support for the proposed ordinance regulating drug use in public spaces. He urged Council to pass the ordinance to keep the Renton community safer. • Michael Westgaard, Renton, shared his history of substance abuse and expressed opposition to the proposed ordinance regulating drug use in public. He urged Council to take a compassionate stance on the issue that leads with creating trust, providing housing, and providing safe injection sites for drug users. • Corey Wooten, Renton, explained that he has a nuisance neighbor who will not control the excessive barking from his dogs. He noted that this issue has been going on for several years and asked for assistance. Mayor Pavone asked Mr. Wooten to speak to Deputy Chief Rutledge who was in attendance. • Emmanuel Bailey Medilo, Renton, expressed opposition to the proposed ordinance regulating drug use in public spaces. He stated that the City should lead this issue with love and compassion not incarceration. • Randy Corman, Renton, expressed support for the proposed ordinance regulating drug use in public spaces, and noted that it should be adopted even though the State legislature may pass its own regulations. He stated that it is important to pass the ordinance to enhance safety in the community. • Ron Bensley, Renton, expressed support for the proposed ordinance regulating drug use in public spaces, but urged Council to maintain a balance between protecting the community and supporting addicts. • Winter Cashman, Renton, expressed opposition to the proposed ordinance regulating drug use in public spaces, stating that the definition of behaviors is too broad, and the penalties are too harsh. He noted that not all people who use drugs are bad people. • Rev. Dr. Linda Smith, Renton, stated that the drugs and people who supply the drugs need to be rooted out of the community. She expressed support for the proposed ordinance regulating drug use in public spaces but urged that any solution be compassionate towards addicts. • City Clerk Seth summarized a written submission to Council from Christine Faucett. Ms. Faucett urged Council to install lighting and camera equipment under bridges to reduce criminal activities in those locations across the city. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of May 8, 2023. Council Concur. AGENDA ITEM #7. a) May 15, 2023 REGULAR COUNCIL MEETING MINUTES b) AB - 3350 Community & Economic Development Department requested authorization to clear title for the City and the Pacific Northwest Regional Council of Carpenters (PNWRCC) for property located in the vicinity of 211 and 231 Burnett Ave N, by executing a boundary line adjustment Transfer Agreement and Quitclaim deeds with related Real Estate Excise Tax Affidavits to rectify a recently discovered issue indicating that deeds effecting the properties were not properly recorded with King County in 1980. Council Concur. c) AB - 3341 Community & Economic Development Department recommended approval of a 4Culture Sustained Support Program agreement, in order to accept $11,000 in grant funds to support events and programming for the Renton community. Refer to Finance Committee. d) AB - 3355 Executive Services Department requested authorization to establish a two-year limited-term full time equivalent (FTE) position of Secretary 2 (grade a07) in the Executive Services Department. This position will maintain duties of data collection, reporting, and providing customer service for visitors at City Hall. Refer to Finance Committee. e) AB - 3351 Parks & Recreation Department recommended adoption of a resolution revising bylaws for the Renton Parks Commission. Refer to Community Services Committee. f) AB - 3352 Parks & Recreation Department recommended adoption of a resolution revising bylaws for the Renton Senior Citizen Advisory Board. Refer to Community Services Committee. g) AB - 3349 Police Department recommended execution of an interagency agreement with the Organized Crime Drug Enforcement Task Force program, in order to accept $20,000 in grant funds for the purpose of coordinating overtime for Organized Crime Drug Enforcement activities. Refer to Finance Committee. h) AB - 3345 Public Works Transportation Systems Division recommended approval of an ordinance reducing the speed limit from 25 miles per hour (MPH) to 20 MPH for the following streets: Aberdeen Ave NE from NE 27th St to NE 28th Pl; NE 28th Pl from Aberdeen Ave NE to its western end; NE 28th St from Aberdeen Ave NE to its western end; NE 28th St from Aberdeen Ave NE to its eastern end; Blaine Ave NE from NE 28th St to its eastern end. Refer to Transportation (Aviation) Committee. i) AB - 3346 Public Works Transportation Systems Division recommended execution of Supplement #7 to CAG-20-127, with Perteet, Inc., in the amount of $51,316.16, for construction management and inspection services for the Williams Ave S and Wells Ave S Conversion project. Refer to Finance Committee. j) AB - 3353 Public Works Utility Systems Division reported bid opening on April 20, 2023 and submitted the staff recommendation to award CAG-23-048, Thunder Hills Sewer Rehabilitation project, to the lowest responsive and responsible bidder Laser Underground and Earthworks, Inc., in the amount of $2,052,252.99. Council Concur. k) AB - 3354 Public Works Utility Systems Division submitted CAG-22-244, Maplewood Water Treatment Plant Filter Media Replacement project, contractor McClure and Sons, Inc., and requested acceptance of the project and release of retainage bond after 60 days once all required releases from the State have been obtained and all claims have been legally cleared. Council Concur. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #7. a) May 15, 2023 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Committee of the Whole Chair O'Halloran presented a report concurring in the staff recommendation. The Committee further recommended that the ordinance regarding this matter be presented for first reading at tonight’s Council meeting; followed by second and final reading at the next Council meeting. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation to approve the resolution authorizing the Mayor to sign the King County Re+ Pledge that expresses support for Re+, King County’s re-envisioned zero waste plan. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with RH2 Engineering, Inc. in the amount of $220,000 for professional services during construction of the West Hill Booster Pump Station Improvements Project. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with GeoEngineers, Inc. in the amount of $576,746 for the Panther Creek at Talbot Road S Culvert Replacement Project design services. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4496: A resolution was read expressing support for Re+, King County's new Waste Reduction Program. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for first reading: b) Ordinance No. 6112: An ordinance was read repealing and replacing Title VI, Chapter 12 of the Renton Municipal Code to regulate dangerous drugs and drug paraphernalia, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. AGENDA ITEM #7. a) May 15, 2023 REGULAR COUNCIL MEETING MINUTES NEW BUSINESS Please see the attached Council Committee Meeting Calendar ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:50 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 15 May 2023 AGENDA ITEM #7. a) Council Committee Meeting Calendar May 15, 2023 May 22, 2023 Monday 3:30 PM Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Supplement #7 to CAG-20-127 with Perteet, Inc. for Additional Construction Management Services for the Williams Avenue South and Wells Avenue South Conversion Project 2. Organized Crime Drug Enforcement Task Forces FY23 Agreement 3. Lobby Limited-Term Position 4. 4Culture Arts Sustained Support Program Grant 5. Vouchers 6. Emerging Issues in Finance 4:45 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Comprehensive Plan Update  N 30th St Rezone 2. Docket 18, Group B Update  D-227: Impact Fees 3. Emerging Issues in CED 6:00 PM Committee of the Whole, Chair O’Halloran Location: Council Chambers/Videoconference 1. Renton Connector Concept Update 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #7. a) AB - 3359 City Council Regular Meeting - 22 May 2023 SUBJECT/TITLE: Amendment No. 8 to Agreement CAG-16-103 with RH2 Engineering, Inc. for Replacement of Highlands 435-Zone Reservoirs and Mains - Final Design and Bidding RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager EXT.: 7210 FISCAL IMPACT SUMMARY: Funding for Amendment No.8 to CAG-16-103 in the amount of $348,330 is available from the approved 2023- 2024 Water Utility Capital Improvement Program budget for the Highlands 435 Reservoirs Replacement Project. The total funding for this multi-phased project is $20,830,552 (425.455597). The remaining budget will be used to cover the construction cost for both phases of the project, professional services during construction, city’s staff time for project management, inspection, and contingencies. SUMMARY OF ACTION: The pre-design study for the Highlands reservoirs replacement project has identified the need to replace an existing 16-inch low-pressure water transmission main with a new 24-inch water main as part of the replacement of the two existing Highlands 435-zone reservoirs. Under CAG-16-103, the consultant RH2 Engineering, Inc. has developed engineering plans for the project up to the 90% design level. Water Utility staff conducted an in-house value engineering review of the 90% design plans for the project to identify the risks associated with the construction of the project and the capital expense associated with additional measures to mitigate the risks. The installation of approximately 3,700 feet of new 24-inch diameter water main in NE 12th St. from Edmonds Ave NE to Olympia Ave NE at a depth ranging from 10 feet to 20 feet would pose a very high risk for damages to many existing underground public and private utilities within the NE 12th St. corridor. The deep and wide excavation in sandy soils will most likely undermine and damage the adjacent existing underground public and private utilities, which include gas, power, and fiber telecommunication, and city water, sewer, and storm systems. The protection and relocation of these existing underground utilities is very costly and would significantly extend the duration of construction for the water main improvements project. We have determined that the most economical and lower risk alternative is to keep the existing 16-inch low- pressure water main in NE 12th St. since it has an estimated remaining useful life of 50 years. Instead, a new 12-inch high-pressure water main at a shallower depth will be installed that can provide the fire flow demand for several current and future commercial and mixed -used redevelopment projects in the Highlands. The alternate design will provide an estimated construction cost saving of approximately $1.5 million due to the installation of smaller pipe size and at shallower depth. AGENDA ITEM #7. b) Under the proposed amendment to the existing contract, the consultant will revise the design plans to reflect the city-initiated changes, prepare additional design for storm drainage improvements, update the hydraulic analysis, update the project cost-estimate, and provide the city with the final design plans and special provisions for the bid documents. Construction of the project is anticipated to begin in the first quarter of 2024. EXHIBITS: A. Amendment No. 8 to CAG-16-103 B. Project location map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 8 to CAG-16-103 with RH2 Engineering, Inc. in the amount of $348,330 for the design of the replacement of the Highlands 435-Zone reservoirs and mains. AGENDA ITEM #7. b) AMENDMENT NO. 8 TO AGREEMENT FOR THE REPLACEMENT OF HIGHLANDS 435 PRESSURE ZONE RESERVOIRS AND MAINS- FINAL DESIGN AND BIDDING THIS AMENDMENT, dated for reference purposes only as May 10, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and RH2 Engineering (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-16-103, dated June 8, 2016, to provide necessary services for the Replacement of Highlands 435 Pressure Zone Reservoirs and Mains-Final Design and Bidding (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to modify the scope of work and increase the compensation in order to complete all work for the project. NOW THEREFORE, It is mutually agreed upon that CAG-16-103 is amended as follows: 1. Scope of Work: Section I, Scope of Work, is amended to modify the Work as specified in Exhibit A-8, which is attached and incorporated herein. 2. Compensation: Section VI, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $348,330 from $1,123,964 to $1,472,294, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C2-8 of the Agreement, which is attached and incorporated herein. 3. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. AGENDA ITEM #7. b) PAGE 2 OF 2 CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Tony Pardi President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Maloney Renton City Attorney Contract Template Updated 06/17/2021 AGENDA ITEM #7. b) 1 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX EXHIBIT A-8 – SCOPE OF WORK Amendment No. 8 City of Renton Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Final Design and Bidding Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Professional Engineering Services May 2023 Background RH2 Engineering, Inc., (RH2) is currently providing engineering services for the design and bidding of a new 6.3 million gallon (MG) reservoir to replace the City of Renton’s (City) existing Highlands (HLD) 435 Pressure Zone (PZ or Zone) reservoirs, as well as other water distribution and transmission main improvements, and off-site utility and frontage improvements. While originally it was planned that the project would be bid as a single project, the City has divided the project into multiple phases that will be bid and constructed separately. The two phases are generally described as follows. • Phase 1: 435 Zone and 565 Zone Water Main and Off-Site Utility Improvements • Phase 2: Highlands 435 Zone Reservoir Due to the numerous public and private utilities within NE 12 th Street roadway corridor, the City has decided not to replace the existing 16-inch low-pressure 435 Zone water main with a new 24-inch main as originally planned. There is a greater risk for potential damage to existing critical utilities from deep excavation required for the construction of a large diameter transmission water main. The City anticipates that the existing 16-inch ductile iron water main has a remaining useful life of perhaps 50 years. Instead, the City intends to install approximately 3,700 linear feet (lf) of new 12- inch high-pressure (565 Zone) transmission main in NE 12th Street from Edmonds Avenue NE to Queen Avenue NE to accommodate several current and future major redevelopment projects in the Highlands area, including the Solera mixed-used development. This Amendment is an authorization to modify the project Scope of Work and Fee Estimate (Exhibit C2-8) as described below to provide services necessary to revise the design and complete permitting and bidding efforts associated with Phase 1. Design for Phase 2, which is at approximately 90-percent completion and will be affected by these changes, is on hold pending the completion of the Phase 1 design and bidding. A subsequent budget amendment for Phase 2 will be submitted at a later date to address final design and permitting changes and final integration with Phase 1 improvements. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 2 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX General Assumptions The following assumptions were used in preparing this Scope of Work and associated Fee Estimate: • Design revisions outlined in this Scope of Work were prepared based on comments provided by the City in late 2022 and early 2023. Design revisions will be completed using a 60-90-100 and bid-ready deliverables schedule. Design documents will be provided for City review at 60-, 90-, and 100-percent milestones. • The non-technical specifications, including the General Conditions, bidding, and contract forms, will be based on the City’s standard bid and contract documents. It is anticipated that the City will prepare the final bid packages with input from RH2. • The technical specifications will be based on the City’s Special Provisions as amended for this project. The City will take the lead in preparing the Special Provisions. RH2 will provide review and comment of City-prepared Special Provisions, including providing supplemental specifications where necessary to meet project requirements. • No additional geotechnical boring, video inspection, or potholing for subsurface utility investigation is included in this Amendment. • The design and resulting construction work will be limited to City-owned property and rights-of-way. No easements will be required. • The contractor will be responsible for developing traffic control plans, including road closure and bypass plans. • The City will complete all permitting efforts as necessary and/or required to construct the proposed improvements. • The City will take the lead in project bidding with support from RH2. • RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by City or others in relation to this Scope of Work. RH2 assumes that the entity providing such information to RH2 is either the owner of such inform ation or has obtained written authorization from the owner to distribute said information. • RH2 will perform the services described up to the amounts included in the attached Fee Estimate. If additional effort is needed, that extra work will be mutually determined by RH2 and the City. • Unless otherwise noted, all deliverables will be provided in electronic format which may include PDF, MS Word, and/or MS Excel. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 3 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX Amended Scope Tasks The following describes the complete scope of services that are to be provided related to the re-design and bidding of the Phase 1 improvements. All previous scope tasks and phases are to be closed. Unless otherwise noted, all work related to the re-design and bidding of the Phase 2 improvements will be addressed via a future amendment. PHASE 1: 435/565 ZONE WATER MAIN AND OFF-SITE UTILITY IMPROVEMENTS Task 1 – Revise and Finalize Design of Phase 1 Improvements Objective: Numerous changes have occurred within the Highlands area that directly impact the design of the Highlands Reservoir: Phase 1 – 435/565 Zone Water Main and Off-Site Utility Improvements. Included in this Task are services to complete project management, design updates to existing utility and base map information to incorporate recent construction improvements and mapping information, design stormwater improvements to abandon duplicate infrastructure and resolve conveyance capacity issues, and revise water main designs to include a new 12-inch (565-Zone) water transmission main from Edmonds Avenue NE to Queen Avenue NE, and services during bidding. Approach: Provide Project Management Services: Manage RH2’s project team and maintain client communications, including phone calls and emails, in addition to progress meetings. a) Provide direction, coordination, and oversight to the RH2 project team. Organize, manage, and coordinate technical disciplines as described herein, and implement quality assurance and quality control (QA/QC) to perform this Scope of Work in close coordination with City staff. b) Document and retain information generated by the RH2 team during execution of the project. c) Prepare monthly invoices, budget status summaries, and progress reports. d) Prepare for and attend coordination meetings with City staff, as requested. Prepare agenda and meeting minutes. A total of four (4) meetings are assumed for this Scope of Work, in addition to the other milestone and review meetings identified elsewhere in this Scope of Work. e) Create, maintain, and update an internal project design schedule. Monitor, modify, and update the project schedule periodically throughout the design phase to determine potential impacts of proposed changes. Adjust the schedule to reflect the current status of the project and revisions made to this Scope of Work. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 4 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX Update Base Map and Existing Condition Drawings: Since the original topographic survey was performed in 2016, with supplemental information added in 2018, several private developments, franchise utility, and City improvement projects have been constructed that directly affect the Highlands Off-Site Utility Improvements project. The following work is included in this subtask: a) Incorporate Changes Related to Recent Construction: Coordinate with the City to identify and obtain construction record drawings of recently completed and/or pending development projects that are within or intersect the project limits. Update base map drawing and existing utility models to incorporate changes in utility locations and condition as documented in record drawings. Coordinate with the City to identify and reconcile discrepancies between GIS and survey/record drawing mapping of utility. This subtask assumes, at a minimum, the following recent projects: Solera Private Development; NE 16th St-Jefferson Ave NE Stormwater Green Connections; Kiddie Care Private Development; a 28-Lot Subdivision, and Puget Sound Energy Gas Main Relocation. b) Incorporate Available Pothole Information: Coordinate with the City to identify and obtain available pothole information related to recent utility and development projects. Update base map plan and profile drawings to reflect pothole information provided by others where sufficient data is available. c) Incorporate Additional Side Sewer Information: Coordinate with the City to review and confirm the depth and location of existing side sewers crossing the proposed utilities. Update base map plan and profile drawings to reflect current side sewer information where new and sufficient data is available. Prepare Stormwater Design Drawings: The City has identified the need to construct stormwater improvements within NE 12th Street to resolve existing capacity issues and eliminate duplicate stormwater collection systems that are contributing to right-of-way congestion affecting the proposed water main improvements. The proposed improvements under this subtask will generally include the following: • Modify approximately 1,700 lf of storm collection system to re-route and abandon the existing 12-inch storm between Edmonds Avenue and Kirkland Avenue and transfer stormwater collection to the existing 36-inch storm. • Replace approximately 300 lf of existing 12-inch storm with proposed 18-inch storm pipe to address capacity issues between Kirkland Avenue NE and NE Sunset Boulevard. • Upgrade approximately 500 lf of existing 12-inch concrete storm pipe to polypropylene from NE Sunset Boulevard to Monroe Avenue NE and update vertical and horizontal locations (as necessary) of the currently proposed, approximately 600 lf of 12-inch storm system from Monroe Avenue NE east to the reservoir site to accommodate reservoir site stormwater and the controlled release of reservoir overflow and/or drain water. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 5 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX The City has evaluated the adequacy of the conveyance capacity of the proposed configuration of the storm system, outlined above, within NE 12th Street to accommodate street runoff, reservoir site stormwater conveyance, and the managed release of reservoir overflow and/or drain water. The City will document these findings with a technical memorandum that will serve as the basis for the final improvements. The current design of the proposed Highlands Reservoir overflow/drain system is based on the original preliminary design that called for the existing 435 Zone transmission main to be replaced and repurposed to convey flows to the sanitary sewer within NE Sunset Boulevard. The reservoir overflow/drain improvements will need to be further evaluated during the final design of the reservoir and are expected to be included with the Phase 2 amendment. In general, it is assumed that the proposed reservoir overflow/drain design will be revised to discharge to the stormwater system in NE 12 th Street at a controlled rate that will be established by the City in the above-referenced technical memorandum. In the event that the stormwater system is unable to convey the overflow rate from the reservoir, it is assumed that any excess water will need to be temporarily detained onsite and then discharged at the controlled rate. The following work is included in this subtask and includes development of the design up to 90-percent completion. Work associated with advancing the design from 90-percent to 100-percent (bid ready) is included in Task 1.15. a) Prepare 60-Percent Storm Design: Prepare plan and profile drawings for proposed storm relocation and improvements and incorporate into current set of design drawings. Prepare section profiles at each proposed storm crossing. Prepare preliminary detail drawings and schedule of bid items with quantities for proposed improvements. b) Prepare 90-Percent Storm Design: Incorporate and respond to City 60-percent design review comments and advance stormwater design to a 90-percent completion level. This task assumes that no stormwater bypass plans, stormwater calculations, or reporting are required or will be provided as part of these improvements. Update bid schedule and quantities based on 90-percent design and coordinate with the City’s Special Provisions for the project. Update Water Main Design Drawings to 90-Percent: The proposed water main improvements under this subtask will generally include the following: • 565 Zone improvements include approximately 3,700 LF of new 12-inch water main from Edmonds Avenue NE to Queen Avenue NE including connections to existing water mains withing the side streets of NE 12th Street within the same pressure zone. • Provide additional modifications to the existing water system to isolate and temporarily cap HLD 565 water mains in the side streets along NE 12th Street prior to water main construction, including provisions to supply temporary water service to existing customers. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 6 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX • 435 Zone improvements are expected to be limited to the installation of up to 500 LF of new transmission main, up to 24 inches, between the eastern portion of the reservoir site to Monroe Avenue NE and the necessary connections to the existing reservoir piping, a stub for the future reservoir connection, and a connection between the existing 16 -inch and 10/12-inch transmission mains in or around the intersection of NE Sunset Boulevard and NE 12th Street. The 435-Zone transmission main replacement will be re-evaluated at a later date with an alignment favoring northern and then western corridors along NE Sunset Boulevard. • Coordinate the revised design for the proposed water mains with the proposed stormwater improvements and the City’s proposed fiber optic communication conduit accordingly. The following work is included in this subtask as necessary to revise and update the watermain design up to 90-percent completion. Work associated with advancing the design from 90-percent to 100-percent (bid ready) is included in subtask 1.15. a) Review Utility Improvements within the NE 12th Street Corridor: Assess different levels of utility improvements within the NE 12th Street corridor based a variety of constraints including, but not limited to, construction phasing, utility maintenance, and corridor management. Meet with the City three (3) times to review alternative solutions for the proposed utility improvements. Prepare and provide background information and engineering opinions to support the further development and amendment of the project scope and design. This subtask was completed concurrently with the development of this Scope of Work and no additional effort is budgeted. b) Update Hydraulic Analysis and Documentation: Perform additional 435 Zone analysis to support continued use of the existing 435 Zone transmission mains, to determine transmission requirements (present and future) from the new reservoir, and to confirm fire flow availability level of service. Outline future improvements to be made outside of the NE 12th Street corridor and the triggers for when improvements should be made. It is assumed that future transmission needs in the 435 Zone will be directly connected to the new reservoir, will leave the reservoir site near the northwest corner, and will ultimately be routed through the NE Sunset Boulevard corridor. Prepare a technical memorandum documenting the results of the analysis and clarify the changes to the basis of design. c) Update Temporary Isolation and Water Service Plans: Update and prepare design plans detailing construction requirements needed to temporarily isolated the existing water mains within the side streets of NE 12th Street that will facilitate reconnection to the new main. In general, it is anticipated that the existing water main can be isolated through temporary cutting and capping of branch mains and without additional provisions for temporary water service. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 7 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX d) Update Plan and Profile Drawings: Revise design of horizontal and vertical alignment for proposed mainline water mains to accommodate changes related to base map u pdates, proposed storm improvements, and City comments. Update and separate water main plan and profile drawings for HLD 435 and HLD 565 PZ improvements. e) Update Crossing Section Drawings: Revise design of horizontal and vertical alignment for proposed crossing water mains (i.e. connections to existing, hydrant runs, and large and/or fire services) to accommodate changes related to base map updates, proposed storm improvements, and City comments. Update cross-section drawings for HLD 435 and HLD 565 PZ improvements. f) Update Connection Details Drawings: Revise details for water main testing and final connections based on revised designs. Coordinate testing and final connection details with temporary isolation and construction phasing plans. Update Electrical and Communication Plans and Details: Revise the alignment of the proposed communication conduit between Edmonds Avenue and the Highlands Reservoir site based on the revised water and storm, other recent improvements, and City comments. It is anticipated that the communications conduit will be installed in the same trench as the new 565 Zone main. Update Restoration Plans: Update restoration plans based on design revisions and City comments. Revise restoration plans to separate out improvements that will be completed under Phase 2. This subtask assumes that restoration related to the Highlands Reservoir site frontage improvements, including curb/gutter, sidewalk, fencing, retaining walls, landscaping, and bus stop improvements will now be performed under Phase 2. Phase 1 restoration improvements will be limited to right-of-way improvements directly associated with proposed utility construction. Update General Drawings and Details: Update general information, construction notes, and standard details based on design revisions and City comments. Review the current version of the City’s standard details and Special Provisions and reconcile any updates with the design plans. Update Special Provisions and Engineer’s Estimate: Perform review of City’s project-specific Special Provisions and provide comments and revisions as appropriate at the 90-percent levels. Coordinate with the City to define the bid item schedule and provide estimated quantities for bid items, including back-up calculations where appropriate at each project delivery milestone. Prepare and submit Engineer’s Opinion of Probable Construction Cost (OPCC) (i.e. Engineer’s Estimate) as part of the 90-percent design submittal. Submit for 60-Percent City Reviews: Prepare and submit plans, reviewed specifications, and bid schedule with quantities for City review at the approximate 60-percent completion level. At this stage, it is assumed that all new and revised plan sheets will be included, although some details may not yet be updated or included. The primary goals for this review will be for AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 8 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX the City to confirm the location of the proposed utility alignments, location of existing utilities and required potholing, and the proposed temporary service and construction sequencing requirements. Submit for 90-Percent City Review: Prepare and submit plans, reviewed specifications, and Engineer’s Estimate (PSE) for City review at the approximate 90-percent completion level. At this stage, the plans and specifications are generally expected to be nearly complete and ready for final permitting and utility coordination prior to construction. Submit for 100-Percent City Review: Prepare and submit PSE for City review at the approximate 100-percent completion level. At this stage, the plans and specifications are considered complete and minimal comments from final review are expected. Attend Design Review Meeting(s): Attend design review meetings with City following each of the 60-, 90-, and 100-percent design submittals to review comments and respond to questions from City staff. Perform Quality Control Review: Perform internal quality control review of design and construction documents based on the 90-percent design. Review responses to written comments following the City’s review of the 60-, 90-, and 100-percent documents and revisions to documents for consistency with overall design intent. Prepare 100-Percent (Bid-Ready) Design: Incorporate and respond to City and internal quality control review comments based on 90-percent design and advance overall design to a 100-percent completion level. Address minor revisions to plans and specifications as necessary to make bid-ready documents following City review of 100-percent submittal. Assist the City with Bidding Services: Support the City with the bidding and award process for the construction of Phase 1 of the project. It is assumed that the City will advertise the project and be the main point of contact for bidders. RH2 will provide assistance up to the level of effort identified in the Fee Estimate. The following work is included in this subtask: a) Respond to Questions from Bidders: Respond to bidders’ technical questions, as requested by the City, as needed during the bidding process. Prepare and submit responses to the City for review, comment, and final distribution to bidders. RH2 will not coordinate directly with bidders unless explicitly requested by the City. b) Prepare Addenda: Prepare content for up to two (2) addenda if determined necessary to clarify, revise, or change the construction plans, technical specifications, or project conditions during the bidding process and review draft addenda compiled by the City prior to finalizing. The City will take the lead on addenda preparation and will be responsible for final submittal/issuance. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 9 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX Provided by City: • As-built construction drawings from recent utility and development projects not included in original survey in DWG and PDF formats. • Review of base map drawings for discrepancies with City utility mapping, CCTV inspection, and pothole information. Where appropriate, provide updated mapping, side sewer cards, and/or pothole information to resolve discrepancies. • Preparation of Draft and Final Special Provisions. • Final Bid and Construction Contract forms. • Written comments following review at 60-, 90-, and 100-percent milestones. • Attendance at 60-, 90-, and 100-percent review meetings. • Prepare and submit bid advertisement to the appropriate publications and payment of fees. • Fielding and responding to bidder questions. • Issuance of addenda, as needed. • Bid tabulation in PDF format and MS Excel format. RH2 Deliverables: • Monthly invoices, budget status summaries, and progress reports. • Meeting agendas and minutes. • Project schedule updates. • 60-percent, 90-percent, 100-precent, and bid-ready design drawings: o Revised base map and existing conditions drawings with potholing recommendations (approximately eleven [11] sheets). o Additional stormwater plan, profile, and detail drawings (approximately twelve [12] sheets). o Revised HLD 435 and HLD 565 PZ water main plan, profile, and details drawings (approximately twenty-five [25] sheets). o Revised electrical and communication plans and details (approximately four [4] sheets). o Revised general and restoration plans (approximately fifteen [15] sheets). • Track-changes version of City-prepared Special Provisions with RH2 project-specific review comments and revisions in MS Word format. AGENDA ITEM #7. b) City of Renton – Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Amendment No. 8 Final Design and Bidding Exhibit A-8 Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Scope of Work 10 5/5/2023 2:15:03 PMZ:\PROJECTS\DATA\REN\113-104\00 CONTRACTS AND PM\PROJECT SCOPING\FINAL DESIGN - AMENDMENT 8\PSA_AMEND NO. 8_EXHIBIT A-8_SOW_FINAL DESIGN AND BIDDING_REV1.DOCX • Schedule of bid items with quantities and back-up calculations, and OPCC in MS Excel format, based on 90-percent design. • Attendance at 60-, 90-, and 100-percent review meetings. • Responses to contractor or supplier questions via email. • Up to two (2) addenda. AGENDA ITEM #7. b) 5/5/2023 2:13:00 PM Z:\Projects\Data\REN\113-104\00 Contracts and PM\Project Scoping\Final Design - Amendment 8\PSA_AMEND NO. 8_Exhibit B-8_Completion Schedule.docx Exhibit B-8: Time Schedule of Completion City of Renton Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Final Design and Bidding Phase 1 – Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Task Anticipated Completion TASK 1 - REVISE AND FINALIZE DESIGN OF PHASE 1 IMPROVEMENTS Project Management Throughout Contract Duration Prepare and Submit 60-Percent Design NTP + 2 months Prepare and Submit 90-Percent Design NTP + 4 months Prepare and Submit 100-Percent (Bid-Ready) Design NTP + 6 months ANTICIPATED CONTRACT COMPLETION DATE: Prior to December 31, 2023 AGENDA ITEM #7. b) Consultant: RH2 ENGINEERING, INC Overhead Multiplier Fee Multiplier 195.10%12.00% Professional I $ 48.71 $ 95.04 $ 17.25 $ 161.00 Professional II $ 53.86 $ 105.07 $ 19.07 $ 178.00 Professional III $ 59.91 $ 116.88 $ 21.21 $ 198.00 Professional IV $ 65.66 $ 128.09 $ 23.25 $ 217.00 Professional V $ 70.50 $ 137.54 $ 24.96 $ 233.00 Professional VI $ 74.73 $ 145.80 $ 26.46 $ 247.00 Professional VII $ 80.18 $ 156.43 $ 28.39 $ 265.00 Professional VIII $ 84.11 $ 164.10 $ 29.79 $ 278.00 Professional IX $ 84.11 $ 164.10 $ 29.79 $ 278.00 Technician I $ 38.12 $ 74.38 $ 13.50 $ 126.00 Technician II $ 41.45 $ 80.87 $ 14.68 $ 137.00 Technician III $ 46.59 $ 90.91 $ 16.50 $ 154.00 Technician IV $ 51.13 $ 99.76 $ 18.11 $ 169.00 Technician V $ 55.67 $ 108.61 $ 19.71 $ 184.00 Technician VI $ 61.42 $ 119.83 $ 21.75 $ 203.00 Technician VII $ 66.56 $ 129.87 $ 23.57 $ 220.00 Technician VIII $ 69.89 $ 136.36 $ 24.75 $ 231.00 Administrative I $ 25.42 $ 49.58 $ 9.00 $ 84.00 Administrative II $ 29.65 $ 57.85 $ 10.50 $ 98.00 Administrative III $ 35.40 $ 69.06 $ 12.54 $ 117.00 Administrative IV $ 41.45 $ 80.87 $ 14.68 $ 137.00 Administrative V $ 47.80 $ 93.27 $ 16.93 $ 158.00 In-House Copies B/W - 8.5x11 $ 0.09 In-House Copies B/W - 8.5x14 $ 0.14 In-House Copies B/W - 11x17 $ 0.20 In-House Copies Color - 8.5x11 $ 0.90 In-House Copies Color - 8.5x14 $ 1.20 In-House Copies Color - 11x17 $ 2.00 CAD Plots Large $ 25.00 CAD Plots Full $ 10.00 CAD Plots Half $ 2.50 CAD/GIS System Per Hour $ 27.50 Mileage Current IRS Rate Subconsultants will be billed at cost plus 15% Outside Services At Cost Outside direct costs for permit fees,reports,maps,data,reprographics,couriers,postage,and non- mileage related travel expenses that are necessary for the execution of the project and are not specifically identified elsewhere in the contract will be billed at cost. Exhibit C1-8 Consultant Fee Determination - Summary Sheet (Negotiated Hourly Rates of Pay) Fee Schedule Staff Classification Negotiated Rate Per Hour Negotiated Hourly Rate Rates listed are adjusted annually. AGENDA ITEM #7. b) August 16, 2021 RH2 Engineering, Inc. 22722 29th Drive SE, Suite 210 Bothell, WA 98021 Subject: Acceptance FYE 2020 ICR Audit Office Review Dear Myra Sachs: 20 Indirect Cost Rate (ICR) of 195.10% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:mya AGENDA ITEM #7. b) EXHIBIT C2-8 Fee Estimate Amendment No. 8 City of Renton Highlands 435 Pressure Zone Reservoir Improvements Replacement of Highlands 435 Pressure Zone Reservoir and Mains Final Design and Bidding Phase 1 - Highlands 435/565 Zone Water Main and Off-Site Utility Improvements Professional Engineering Services May-23 Description Principal Project Manager Project Engineer Hydraulic Modeling and Analysis Project Civil Engineer Staff Civil Engineer Project Electrical Engineer Staff Electrical Engineer Project Accounting Administrative Support Total Hours Total Labor Total Expense Total Cost Classification Professional IX Professional VIII Professional VI Professional V Professional IV Professional III Professional VII Professional II Administrative V Administrative V Rate $278.00 $278.00 $247.00 $233.00 $217.00 $198.00 $265.00 $178.00 $158.00 $158.00 Task 1 Revise and Finalize Design of Phase 1 Improvements 50 231 197 28 290 530 16 30 10 18 1400 315,175$ 33,155$ 348,330$ 1.1 Provide Project Management Services 12 40 30 ----10 10 102 25,026$ 822$ 25,848$ 1.2 Update Base Map and Existing Condition Drawings -12 8 -24 56 ----100 21,608$ 2,383$ 23,991$ 1.3 Prepare Stormwater Design Drawings -40 16 -104 180 ----340 73,280$ 9,495$ 82,775$ 1.4 Update Water Main Design Drawings 4 72 76 28 96 184 ----460 103,688$ 10,350$ 114,038$ 1.5 Update Electrical and Communication Plans and Details ---4 16 8 16 --44 9,004$ 1,105$ 10,109$ 1.6 Update Restoration Plans -2 2 8 16 ----28 5,954$ 699$ 6,653$ 1.7 Update General Drawings and Details -2 2 4 8 ----16 3,502$ 363$ 3,865$ 1.8 Update Special Provisions and Engineer's Estimate -12 12 8 8 ----40 9,620$ 598$ 10,218$ 1.9 Submit for 60-Percent City Reviews -3 3 -4 ---2 12 2,683$ 586$ 3,269$ 1.10 Submit for 90-Percent City Review -3 3 -4 ---2 12 2,683$ 586$ 3,269$ 1.11 Submit for 100-Percent City Review -3 3 -4 ---2 12 2,683$ 586$ 3,269$ 1.12 Attend Design Review Meeting(s)-8 8 ------16 4,200$ 1,169$ 5,369$ 1.13 Perform Quality Control Review 30 10 4 2 2 4 2 --54 14,354$ 905$ 15,259$ 1.14 Prepare 100-Percent (Bid-Ready) Design 4 16 20 24 40 2 4 -2 112 25,186$ 2,579$ 27,765$ 1.15 Assist the City with Bidding Services -8 10 16 8 2 8 --52 11,704$ 930$ 12,634$ PROJECT TOTAL 50 231 197 28 290 530 16 30 10 18 1400 315,175$ 33,155$ 348,330$ PHASE 1: 435/565 ZONE WATER MAIN AND OFFSITE UTILITY IMPROVEMENTS \\corp.rh2.com\dfs\Projects\Data\REN\113-104\00 Contracts and PM\Project Scoping\Final Design - Amendment 8\PSA_AMEND NO. 8_Exhibit C-8_FEE_Final Design and Bidding_rev1.xlsm 5/8/2023 2:00 PM AGENDA ITEM #7. b) 10,141 845 Highlands Reservoirs Transmission Mains This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. PROJECT LOCATION MAP 5/15/2023 Legend 5750287 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 575 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov City and County Labels Addresses Parcels City and County Boundary <all other values> Renton Streets Parks Waterbodies Designated Neighborhoods 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3Edmonds Ave NEQueen Ave NENE Sunset BlvdPROJECT LOCATION NEW 12-INCH WATER TRANSMISSION MAIN AGENDA ITEM #7. b) EXECUTIVE DEPARTMENT M E M O R A N D U M DATE: May 18, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Ed VanValey, Chief Administrative Officer SUBJECT: Blake Impact Over the last two and a half days, staff (primarily your City Attorney’s office) have been going through the updated changes to SB 5536 and applying them to Ord #6112. We have made the necessary changes and highlighted the changes below in what we hope is an easy-to-read format. After the Council conducted first reading of Ordinance No. 6112 regarding the regulation of dangerous drugs on May 15, 2023, the state legislature passed Second Engrossed Second Substitute Senate Bill 5536 and the Governor signed it into law. Most of its provisions take effect either July 1 or 90 days after passage. We recommend revising Ordinance No. 6112 prior to second reading to provide consistency with SB 5536. SB 5536 Provisions vs. Ordinance No. 6112 as First Read vs. Proposed Revised Ordinance No. 6112: Senate Bill 5536 Ordinance No. 6112 as First Read Ordinance No. 6112 as Revised Penalties Gross misdemeanor with maximum fine of $1000 and maximum jail sentence of 180 days for the first two convictions, and 364 days thereafter. Gross misdemeanor with maximum fine of $5000 and maximum jail sentence of 364 days. Aligns with SB 5536. Senate Bill 5536 Ordinance No. 6112 as First Read Ordinance No. 6112 as Revised Drug paraphernalia Broadly preempts regulation of drug paraphernalia by Cities and does not make use or possession for consumption purposes a crime. Specifically regulates possession and use of drug paraphernalia. Removes all regulations relating to drug paraphernalia. AGENDA ITEM #9. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 May 18, 2023 Senate Bill 5536 Ordinance No. 6112 as First Read Ordinance No. 6112 as Revised Use of drugs in public Makes it a crime to use drugs in public, but narrowly defines “use” as actual consumption of dangerous drugs. To arrest for this crime, the consumption would need to occur in the presence of the arresting officer. Broadly defines use to include not just consumption, but a wider array of activities that are carried out in an attempt to use, manufacture, or exchange dangerous drugs in a public place. Deletes definition of “use” to avoid confusion with SB 5536 and incorporates the substance of that previously defined term within the substance of the City’s regulation of public drug activities. Disposal of Drugs and Paraphernalia Not addressed. Focus is on disposal of drugs and drug paraphernalia. Prohibits negligent handling of dangerous drugs and “drug waste” to protect the public against accidental contact/exposures to dangerous drugs. Possession of Dangerous Drugs Added knowledge element and adopted penalties described above, which cities cannot deviate from. Matches SB 5536, except for slight difference in penalties. Deleted as unnecessary and duplicative – the City will enforce the state law including the penalties provided for therein. There are other elements of SB 5536 that are beyond the scope of this email, including issues surrounding funding for treatment and additional diversion opportunities. Staff will continue to review opportunities the new law will provide to achieve the City’s goal to focus on encouraging and assisting individuals struggling with addiction to get treatment and will comply with all requirements of the new legislation. To the extent there are opportunities for which the staff recommends legislative action (such as accepting grant funds), those opportunities will be brought to the Council separately from a vote on Ordinance No. 6112. For your reference, a tracked changes version of the revised ordinance showing what has changed is attached. As always, we are available for any questions you might have. The newly changed ordinance will be uploaded and ready for review once we are done changing (and proofing) the recitals. AGENDA ITEM #9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING AND REPLACING TITLE VI, CHAPTER 12 OF THE RENTON MUNICIPAL CODE TO REGULATE DANGEROUS DRUGS AND DRUG WASTE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington Supreme Court, in its decision, State v. Blake, 197 Wn.2d 170 (2021), deemed Washington State’s law criminalizing possession of controlled substances as an unconstitutional violation of due process because it did not require proof the possessor knew they possessed the substance; and WHEREAS, in response to Blake, Washington’s sixty-seventh legislature enacted Senate Bill 5476, addressing justice system responses and behavioral health prevention, treatment, and related services by making drug possession a misdemeanor, adding a knowledge element, and requiring the diversion of substance abusers into treatment programs in lieu of jail booking; and WHEREAS, the provisions of Senate Bill 5476 adding the knowledge element and penalizing possession as a misdemeanor will expire on July 1, 2023; and WHEREAS, in the first special session of Washington’s sixty-eighth legislature, the Second Engrossed Second Substitute Senate Bill 5536 was enacted into law, modifying the criminal penalty for knowing possession of controlled substances and creating a new crime of knowing use of controlled substances in a public place; and WHEREAS, following the enactment of the Second Engrossed Second Substitute Senate Bill 5536 it is unnecessary for the City to adopt its own law prohibiting knowing possession of AGENDA ITEM #9. a) ORDINANCE NO. ________ 2 controlled substances, because it already adopts and enforces state laws pursuant to Title VI, Chapter 10 of the Renton Municipal Code; and WHEREAS, it remains punishable as a felony to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance under existing Washington law; and WHEREAS, the City of Renton as a non-charter code city is empowered by the Washington constitution to enact local police, sanitary and other regulations that are not in conflict with general laws; and WHEREAS, Washington’s Supreme Court, in its decision in City of Tacoma v. Luvene, 118 Wn.2d 826 (1992), has upheld the authority of cities to criminalize certain drug-related activity where those laws do not conflict with the state’s Uniform Controlled Substances Act; and WHEREAS, the Second Engrossed Second Substitute Senate Bill 5536 more explicitly restricts local governments from separately regulating drug paraphernalia but leaves in place local government’s authority to regulate impacts of drugs and drug related activity consistent with the decision in Luvene; and WHEREAS, improper disposal of drugs and drug waste poses significant risks to the health and safety of the public, such as first responders, public employees, volunteers, children, and other members of the public coming into contact with or accidentally consuming, inhaling, or being injected with Dangerous Drugs; and WHEREAS, as a result of these risks, it is necessary to take steps to deter those who use or otherwise handle dangerous drugs and drug waste from improperly disposing or leaving unattended such dangerous drugs or drug waste so as to not create risks of unsafe exposures and increased costs to maintain public pla ces; AGENDA ITEM #9. a) ORDINANCE NO. ________ 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Title VI, Chapter 12 of the Renton Municipal Code is repealed in its entirety and replaced to read as follows: CHAPTER 12 REGULATION OF DANGEROUS DRUGS AND DRUG WASTE 6-12-1: Definitions 6-12-2: Unlawful Public Dangerous Drug Activities 6-12-3: Negligent Handling of Dangerous Drugs or Drug Waste 6-12-4: Diversion Programs 6-12-5: Severability Clause 6-12-1 DEFINITIONS: For purposes of this Chapter, the following terms shall be defined as follows: DANGEROUS DRUGS: include any of the following: A. Any controlled substance, excluding cannabis, or controlled substance analog as those terms are defined in RCW 69.50.101, as those terms now exist or shall hereafter be amended or recodified. B. Any controlled substance or legend drug that is falsely labeled so as to appear to have been legitimately manufactured or distributed, or to mislead as to the actual contents or nature of the substance contained therein. AGENDA ITEM #9. a) ORDINANCE NO. ________ 4 C. Any legend drug. As used herein, “legend drug” means any drug which is required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or is restricted to use by practitioners only. DRUG WASTE: shall mean any object that is: (a) not safely controlled or stored so as to avoid the risk of potentially harmful contact or consumption by o thers; and (b) either (i) contains any Dangerous Drug (including traces or residue thereof) or (ii) which a person observing the object reasonably concludes that the object is likely to contain Dangerous Drugs (including traces or residue thereof). PUBLIC PLACE: means an area that is generally open to public access according to law, invitation, custom, or license. This definition is intended to include without limitation: sidewalks, parking lots and parking garages, streets, alleys, highways, or roads; public buildings and grounds, including schools, parks, playgrounds, and meeting halls; establishments to which the public is invited including restaurants, theaters, stores, gas stations, meeting halls, government offices, lobbies, halls and dining rooms of hotels, bars, taverns, pubs, or establishments where beer alcohol or soft drinks may be sold, and their associated parking lots, parking structures, walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and other public conveyances of all kinds and character, and their associated stations and platforms used in conjunction therewith which are open to use and access by the public; and all other places of like or similar nature. USE: means an act which is a substantial step toward manufacturing, handling, holding, transferring, buying, selling, exchanging, displaying, concealing, storing, AGENDA ITEM #9. a) ORDINANCE NO. ________ 5 preparing for consumption, injecting, ingesting, inhaling, or introducing into the human body. 6-12-2 UNLAWFUL PUBLIC USE OF DANGEROUS DRUGS ACTIVITIES OR DRUG PARAPHERNALIA: A. It is unlawful for any person to knowingly use any dangerous drug or drug paraphernalia in a place or manner in which such use commit an act that is viewable from a public place if such act is a substantial step toward manufacturing, handling, holding, transferring, buying, selling, exchanging, displaying, concealing, or storing, or preparing for consumption, injecting, ingesting, inhaling, or introducing into the human body any dangerous drugs, except as provided below: 1. It is not a violation of this section if the circumstances of the person’s to commit an act that is expressly authorized or licensed by the laws of the State of Washington or federal law, local, state or federal laws, codes, or regulations, including but not limited to the laws found in Chapter 69.41 RCW, Chapter 69.43 RCW, Chapter 69.50 RCW, Chapter 69.51A RCW, Chapter 69.52 RCW, and Chapter 13 of Title 21 U.S.C. Ch. 13, as such laws exist or are hereafter amended or recodified. 2. It is not a violation of this section if the person’s act is in furtherance of a lawful written or oral prescription issued by a medical professional who is legally licensed and authorized to prescribe the use for authorized medical purposes. AGENDA ITEM #9. a) ORDINANCE NO. ________ 6 a. This exception includes, but is not limited to, a person picking up a lawfully prescribed medication from a licensed pharmacy and delivering it to the patient who was prescribed the medication for their authorized medical use. b. This exception shall not apply to any act that is in furtherance of consumption, injection by, inhalation by, or introduction into a person other than whom the medication was prescribed for use nor for any act that is inconsistent with the prescribed medical use. B. A violation of this section is a gross misdemeanor, punishable as follows: 1. By imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine; or 2. If the defendant has two or more prior convictions under this section or other state or local law regulating dangerous drugs, a third or subsequent violation of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. B. A violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and a $5000 fine. 6-12-33 NEGLIGENT HANDLING OF DANGEROUS DRUGS OR DRUG WASTE: AGENDA ITEM #9. a) ORDINANCE NO. ________ 7 A. Dangerous Drugs shall be safely stored and disposed of in accordance with all applicable local, state, or federal laws, codes, rules, or regulations so as to avoid risk of accidental exposure or contact by any person. B. It is unlawful for any person to negligently dump, discard, deposit, throw, discharge, or leave unattended any dangerous drug or any drug waste in any public place or solid waste collection container where another person could accidently come into contact with the dangerous drug or drug waste. C. A violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and a $5000 fine. 6-12-4 DIVERSION PROGRAMS: To the extent sufficient resources are available, those responsible for enforcing this chapter may use community court or create diversion or therapeutic programs designed to provide those accused of violating this chapter an opportunity to seek needed addiction treatment. Such diversion programs may be formally structured or allow for informal exercises of discretion. Regardless of the availability of formal diversion programs, police officers, prosecutors, and judges are encouraged to exercise discretion to offer leniency in sentencing and/or diversion from conviction of charges under this Chapter for those who successfully complete available addiction treatment or other services that are deemed helpful to avoiding continued violations of this chapter. 6-12-5 SEVERABILITY CLAUSE: AGENDA ITEM #9. a) ORDINANCE NO. ________ 8 This Chapter is specifically intended to be consistent with and not conflict with applicable state or federal laws. If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances , shall not be affected. To the extent a court finds that state law preempts any penalty established in this Chapter and requires an act made unlawful by this Chapter be punished differently than provided herein, the Renton Municipal Court shall retain jurisdiction over the violation of this Chapter and impose the punishment required by state law in lieu of the penalties prescribed herein. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and eff ect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. AGENDA ITEM #9. a) ORDINANCE NO. ________ 9 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-ES: 2265: 5.10.23 AGENDA ITEM #9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING AND REPLACING TITLE VI, CHAPTER 12 OF THE RENTON MUNICIPAL CODE TO REGULATE DANGEROUS DRUGS AND DRUG WASTE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington Supreme Court, in its decision, State v. Blake, 197 Wn.2d 170 (2021), deemed Washington State’s law criminalizing possession of controlled substances as an unconstitutional violation of due process because it did not require proof the possessor knew they possessed the substance; and WHEREAS, in response to Blake, Washington’s sixty-seventh legislature enacted Senate Bill 5476, addressing justice system responses and behavioral health prevention, treatment, and related services by making drug possession a misdemeanor, adding a knowledge element, and requiring the diversion of substance abusers into treatment programs in lieu of jail booking; and WHEREAS, the provisions of Senate Bill 5476 adding the knowledge element and penalizing possession as a misdemeanor will expire on July 1, 2023; and WHEREAS, in the first special session of Washington’s sixty-eighth legislature, the Second Engrossed Second Substitute Senate Bill 5536 was enacted into law, modifying the criminal penalty for knowing possession of controlled substances and creating a new crime of knowing use of controlled substances in a public place; and WHEREAS, following the enactment of the Second Engrossed Second Substitute Senate Bill 5536, it is unnecessary for the City to adopt its own law prohibiting knowing possession of AGENDA ITEM # 9. a) ORDINANCE NO. ________ 2 controlled substances, because it already adopts and enforces state laws pursuant to Title VI, Chapter 10 of the Renton Muncipal Code; and WHEREAS, it remains punishable as a felony to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance under existing Washington law; and WHEREAS, the City of Renton as a non-charter code city is empowered by the Washington constitution to enact local police, sanitary and other regulations that are not in conflict with general laws; and WHEREAS, Washington’s Supreme Court, in its decision in City of Tacoma v. Luvene, 118 Wn.2d 826 (1992), has upheld the authority of cities to criminalize certain drug-related activity where those laws do not conflict with the state’s Uniform Controlled Substances Act; and WHEREAS, the Second Engrossed Second Substitute Senate Bill 5536 more explicitly restricts local governments from separately regulating drug paraphernalia but leaves in place local government’s authority to regulate impacts of drugs and drug related activity consistent with the decision in Luvene; and WHEREAS, improper disposal of drugs and drug waste poses significant risks to the health and safety of the public, such as first responders, public employees, volunteers, children, and other members of the public coming into contact with or accidentally consuming, inhaling, or being injected with Dangerous Drugs; and WHEREAS, as a result of these risks, it is necessary to take steps to deter those who use or otherwise handle dangerous drugs and drug waste from improperly disposing or leaving unattended such dangerous drugs or drug waste so as to not create risks of unsafe exposures and increased costs to maintain public places; AGENDA ITEM # 9. a) ORDINANCE NO. ________ 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Title VI, Chapter 12 of the Renton Municipal Code is repealed in its entirety and replaced to read as follows: CHAPTER 12 REGULATION OF DANGEROUS DRUGS AND DRUG WASTE 6-12-1: Definitions 6-12-2: Unlawful Public Dangerous Drug Activities 6-12-3: Negligent Handling of Dangerous Drugs or Drug Waste 6-12-4: Diversion Programs 6-12-5: Severability Clause 6-12-1 DEFINITIONS: For purposes of this Chapter, the following terms shall be defined as follows: DANGEROUS DRUGS: include any of the following: A. Any controlled substance, excluding cannabis, or controlled substance analog as those terms are defined in RCW 69.50.101, as those terms now exist or shall hereafter be amended or recodified. B. Any controlled substance or legend drug that is falsely labeled so as to appear to have been legitimately manufactured or distributed, or to mislead as to the actual contents or nature of the substance contained therein. AGENDA ITEM # 9. a) ORDINANCE NO. ________ 4 C. Any legend drug. As used herein, “legend drug” means any drug which is required by state law or regulation of the pharmacy quality assurance commission to be dispensed on prescription only or is restricted to use by practitioners only. DRUG WASTE: shall mean any object that is: (a) not safely controlled or stored so as to avoid the risk of potentially harmful contact or consumption by others; and (b) either (i) contains any Dangerous Drug (including traces or residue thereof) or (ii) which a person observing the object reasonably concludes that the object is likely to contain Dangerous Drugs (including traces or residue thereof). PUBLIC PLACE: means an area that is generally open to public access according to law, invitation, custom, or license. This definition is intended to include without limitation: sidewalks, parking lots and parking garages, streets, alleys, highways, or roads; public buildings and grounds, including schools, parks, playgrounds, and meeting halls; establishments to which the public is invited including restaurants, theaters, stores, gas stations, meeting halls, government offices, lobbies, halls and dining rooms of hotels, bars, taverns, pubs, or establishments where alcohol or soft drinks may be sold, and their associated parking lots, parking structures, walkways, doorways, and entrances; railroad trains, light rail facilities, buses, and other public conveyances of all kinds and character, and their associated stations and platforms used in conjunction therewith which are open to use and access by the public; and all other places of like or similar nature. 6-12-2 UNLAWFUL PUBLIC DANGEROUS DRUG ACTIVITIES: AGENDA ITEM # 9. a) ORDINANCE NO. ________ 5 A. It is unlawful for any person to knowingly commit an act that is viewable from a public place if such act is a substantial step toward manufacturing, handling, holding, transferring, buying, selling, exchanging, displaying, concealing, or storing, or preparing for consumption, injecting, ingesting, inhaling, or introducing into the human body any dangerous drugs, except as provided below: 1. It is not a violation of this section to commit an act that is expressly authorized by local, state or federal laws, codes, or regulations, including but not limited to the laws found in Chapter 69.41 RCW, Chapter 69.43 RCW, Chapter 69.50 RCW, Chapter 69.51A RCW, Chapter 69.52 RCW, and Chapter 13 of Title 21 U.S.C. Ch. 13, as such laws exist or are hereafter amended or recodified. 2. It is not a violation of this section if the person’s act is in furtherance of a lawful written or oral prescription issued by a medical professional who is legally licensed and authorized to prescribe the use for authorized medical purposes. a. This exception includes, but is not limited to, a person picking up a lawfully prescribed medication from a licensed pharmacy and delivering it to the patient who was prescribed the medication for their authorized medical use. b. This exception shall not apply to any act that is in furtherance of consumption, injection by, inhalation by, or introduction into a AGENDA ITEM # 9. a) ORDINANCE NO. ________ 6 person other than whom the medication was prescribed for use nor for any act that is inconsistent with the prescribed medical use. B. A violation of this section is a gross misdemeanor, punishable as follows: 1. By imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine; or 2. If the defendant has two or more prior convictions under this section or other state or local law regulating dangerous drugs, a third or subsequent violation of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. 6-12-3 NEGLIGENT HANDLING OF DANGEROUS DRUGS OR DRUG WASTE: A. Dangerous Drugs shall be safely stored and disposed of in accordance with all applicable local, state, or federal laws, codes, rules, or regulations so as to avoid risk of accidental exposure or contact by any person. B. It is unlawful for any person to negligently dump, discard, deposit, throw, discharge, or leave unattended any dangerous drug or any drug waste in any public place or solid waste collection container where another person could accidently come into contact with the dangerous drug or drug waste. C. A violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and a $5000 fine. 6-12-4 DIVERSION PROGRAMS: AGENDA ITEM # 9. a) ORDINANCE NO. ________ 7 To the extent sufficient resources are available, those responsible for enforcing this chapter may use community court or create diversion or therapeutic programs designed to provide those accused of violating this chapter an opportunity to seek needed addiction treatment. Such diversion programs may be formally structured or allow for informal exercises of discretion. Regardless of the availability of formal diversion programs, police officers, prosecutors, and judges are encouraged to exercise discretion to offer leniency in sentencing and/or diversion from conviction of charges under this Chapter for those who successfully complete available addiction treatment or other services that are deemed helpful to avoiding continued violations of this chapter. 6-12-5 SEVERABILITY CLAUSE: This Chapter is specifically intended to be consistent with and not conflict with applicable state or federal laws. If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances, shall not be affected. To the extent a court finds that state law preempts any penalty established in this Chapter and requires an act made unlawful by this Chapter be punished differently than provided herein, the Renton Municipal Court shall retain jurisdiction over the violation of this Chapter and impose the punishment required by state law in lieu of the penalties prescribed herein. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of AGENDA ITEM # 9. a) ORDINANCE NO. ________ 8 scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor AGENDA ITEM # 9. a) ORDINANCE NO. ________ 9 Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-ES: 2265: 5.18.23 AGENDA ITEM # 9. a)