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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, September 25, 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. PROCLAMATION a) Ready in Renton Month - September 2023 4. ADMINISTRATIVE REPORT a) Administrative Report 5. 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. 6. 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 September 18, 2023. Council Concur b) AB - 3426 Parks & Recreation Department - PPNR submits CAG-22-234, Don Persson Senior Activity Center Outdoor Exercise Area project, contractor Landscape Structures, Inc., and requests acceptance of the project and authorization to release retainage in the amount of $11,495.92 after 60 days after all State releases are obtained and all potential claims are legally cleared. Council Concur c) AB - 3434 Public Works Airport recommends approval of Amendment No. 4 to CAG-20- 106, contractor Mott MacDonald, in an amount not to exceed $393,634, for additional engineering services related to the Seaplane Base Flood Damage project. Refer to Transportation (Aviation) Committee d) AB - 3433 Public Works Facilities Division recommends approval of an agreement with the King County Office of Performance, Strategy and Budget to accept $500,000 in grant funds to be applied towards the construction costs of the Family First Community Center. Refer to Finance Committee 7. 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: 1) Vouchers, 2) Acceptance of Association of Washington Cities Alternative Response Team Grant, 3) Agreement with Project Be Free for Co-Response Services, 4) Amendment No. 2 to CAG-20-154 with Insight Public Sector for Microsoft M365 Enterprise Agreement Renewal b) Planning & Development Committee: 1) 2023 School District Capital Facilities Plans, 2024 Renton Regional Fire Authority Capital Facilities Plan, 2) Respective Impact Fees and Fire Marshal Fees, Docket 18, Group C* 8. LEGISLATION Ordinances for first reading: a) Ordinance No. 6119: Sports Arenas, Auditoriums & Exhibition Halls (D230) (See Item 7.b) b) Ordinance No. 6120: Amending Impact Fee Regulations Regarding Impact Fee Reductions (D227) (Recommended for Approval by P&D Committee on 7/10/2023) Ordinances for second and final reading: c) Ordinance No. 6117: 2024 King County Wastewater Treatment Charge Rate Increase (First Reading 9/18/2023) d Ordinance No. 6118: Acquisition of Permanent Utility Easement and Temporary Construction Easement for Monroe Ave NE Infiltration Facility Project (First Reading 9/18/2023) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) Canceled 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 ArmondoPavoneMayorMTHEREAS,SeptemberhasbeendesignatedbythePresidentoftheUnitedStatesofAmericaas“NationalPreparednessMonth,”whichcoincideswiththeCityofRenton’s“ReadyinRenton”emergencypreparednesscampaign;andM1IIEREAS,Rentonhasexperiencednaturalandhuman-causeddisastersinthepast,andscientificevidenceindicatesthecityandtheregionremainvulnerabletodisastersinthefuture;andWHEREAS,investinginthepreparednessofourselves,ourfamilies,ourbusinesses,andourneighborhoodscanreduceinjuries,fatalities,andeconomicdevastationfromdisasters;andMTHEREAS,thebasicstepsofemergencypreparednessarethesameforeveryone:makeaplan,buildakit,andhelponeanothertobecomeself-sufficientforuptotwoweeks;andWHEREAS,becausestayinginformedisavitalpartofrespondingappropriatelytoemergencies,Rentoncommunitymembersareencouragedtolocateandbookmarktheirsourcesofemergencyinformationinadvanceatrentonwa.gov,tosignupforALERTRenton,andtofollowthecity’ssocialmediaaccountsonFacebook,Twitter,andNextDoor;andWhEREAS,thereisgreatlanguagediversitywithinthecommunity,andRentonresidentsandbusinessesareencouragedtosharetranslatedinformationatbitly/PreparednessPublicationswiththeirneighbors,andtorelayanyemergencymessagestohelptheirneighborsunderstandandtakeappropriatelife-savingactions;andMTHEREAS,theEmergencyManagementPreparednessAcademyandtheCommunityEmergencyResponseTeamclassesarewaysforthepublictoeducatethemselvesonbasicpreparednessskillsincludingfiresuppression,firstaid,searchandrescue,andmore;NOW,THEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimSeptember2023tobeReadyinRentonMonthintheCityofRenton,andIencourageallresidentstoformulateapreparednessplan.INM7ITNESSTHEREOF,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis25thdayofSeptember,2023.ArmondoavonMayorCityofRenn,shingtonReCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonv&PROCLAMATIONAGENDA ITEM #3. a) MAYOR’S OFFICE M E M O R A N D U M DATE: September 25, 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 Clean Economy Strategy 2.0 draft plan is now final and ready for public comment. The plan will serve as a roadmap to reduce greenhouse gas emissions, enhance environmental sustainability, and help the community prepare for climate change. The plan is available for review online at RentonCES.Konveio.com. A hybrid briefing and public hearing will be held at the Planning Commission meeting on October 4 at 6:00 p.m. The public comment period will remain open through October 4, 2023. Questions should be directed to Katie Buchl-Morales, kbuchl- morales@RentonWA.gov. • Water Shortage Response Plan Activation & Conservation: The City of Seattle Public Utilities (SPU) has activated the voluntary stage of its Water Shortage Contingency Plan and is requesting customers to reduce water use. Water supply reservoirs in their Cedar River and Tolt watersheds are significantly lower than normal due to an early snowpack melt-off this past spring, an extended period of warm weather, and lower-than-normal rainfall during the year. The City of Renton’s wholesale water supply contract with SPU, and our participation in the Saving Water Partnership requires we activate the voluntary state of our water shortage response plan. While Renton is not anticipating any water shortage from our own water supply sources, we encourage everyone to reduce water use in support of the regional water conservation effort. Approximately 40% of Renton is served by Water Districts that purchase water from Seattle. For tips on how you can conserve water, visit: https://www.rentonwa.gov/city_hall/public_works/utility_systems/water_utility_e ngineering/water_conservation • 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: AGENDA ITEM #4. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 Monday, September 25 through Thursday, September 28, 7:00 a.m. to 4:00 p.m. Crack seal work will be done on South Grady Way between Main Avenue South and Rainier Avenue South. Work will be done on both eastbound lanes. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent west bound lane closure on South Grady Way at Williams Avenue South for construction work. Questions may be directed to Tom Main, 206-999- 1833. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Road closure on Kirkland Avenue NE between NE Sunset Boulevard and NE 12th Street for utility installation. Detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Avenue NE at the 4100 block. Questions may be directed to Kip Braaten, 206-503-1749. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Park Avenue between North 3rd Street and North 4th Street for construction work. Questions may be directed to Pat Decaro, 425- 207-6013. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on westbound Park Avenue North at Logan Avenue North for construction work. Questions may be directed to Joel McCann, 425- 757-9595. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Boulevard between Edmonds Avenue NE and Kirkland Avenue NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373. Monday, September 25 through Friday, September 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on Williams Avenue South at South Grady Way for construction work. Questions may be directed to Tom Main, 206-999-1833. Ongoing Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). 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. AGENDA ITEM #4. a) September 18, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, September 18, 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: Ed Prince, Council President Pro Tem 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: Valerie O'Halloran, Council President MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL EXCUSE ABSENT COUNCIL PRESIDENT VALERIE O'HALLORAN. CARRIED. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Cheryl Byer, Senior Assistant City Attorney Jason Seth, City Clerk Gina Estep, Economic Development Director Commander Charles Karlewicz, Police Department Attended Remotely: Judith Subia, Council Liaison Ellen Bradley-Mak, Human Resources / Risk Management Administrator Martin Pastucha, Public Works Administrator Maryjane Van Cleave, Equity, Housing, and Human Services Administrator & Interim Parks & Recreation Administrator Kari Roller, Finance Administrator AGENDA ITEM #6. a) September 18, 2023 REGULAR COUNCIL MEETING MINUTES Ron Straka, Public Works Utility Systems Division Director Cailín Hunsaker, Parks & Trails Director Lori Fleming, Human Services Coordinator PROCLAMATION National Service Dog Month: A proclamation by Mayor Pavone was read declaring September 2023 to be National Service Dog Month in the City of Renton and encouraged everyone to join in this special observance. Erika Del Castillo and her service dog Kate accepted the proclamation with appreciation. Lee Cummings, Canine Companions Puget Sound Volunteer Chapter also expressed appreciation for the proclamation. MOVED BY PRINCE, SECONDED BY MCIRVIN, 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: • Remember, this season’s final Renton Farmers Markets will shift hours of operation to 2:00-6:00 p.m. on Tuesdays, September 19 and 26. Last two chances to purchase fresh, locally grown produce and support Washington farmers. Find us at Piazza Park, corner of S 3rd Street and Logan Ave S, with free parking in the City Parking Garage, located off S 2nd Street between Burnett and Logan Avenues. • 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. AUDIENCE COMMENTS • Jan Molinaro, Enumclaw, speaking on behalf of the Sound Cities Association (SCA), thanked city officials for supporting the organization, encouraged their attendance at SCA events, and urged Councilmembers to seek appointment on the many different SCA boards. 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. Approval of Council Meeting minutes of September 11, 2023. Council Concur. AB - 3428 Mayor Pavone appointed Sarah Ballard to the Equity Commission for an unexpired term expiring December 31, 2024. Refer to Community Services Committee. AGENDA ITEM #6. a) September 18, 2023 REGULAR COUNCIL MEETING MINUTES AB - 3417 Community & Economic Development Department recommended approval of the requested 2023 Renton, Kent, and Issaquah school district impact fees and related Capital Facilities Plans, effective January 1, 2024; and approval of the Renton Regional Fire Authority requested Fire Impact Fees and Fire Marshal Plan Review and Inspection Fees effective January 1, 2024. The City collects a five percent (5%) administrative fee for both the impact and fire fees for staff time dedicated to collecting, processing, and handling the fees. Refer to Planning & Development Committee. AB - 3423 Equity, Housing, and Human Services Department recommended approval to execute an agreement with the Association of Washington Cities to accept $135,000 in grant funds for the Alternative Response Co-Responder Program. Refer to Finance Committee. AB - 3424 Equity, Housing, and Human Services Department recommended approval to execute an agreement with Project Be Free in the amount of $135,000 for co-response services to domestic violence calls with the Renton Police Department. Refer to Finance Committee. AB - 3425 Equity, Housing, and Human Services Department recommended adoption of a resolution approving Amendment No. 2 to the Joint Interlocal Agreement with King County to update language in the agreement regarding the American Disabilities Act, Age Discrimination Act of 1975, and the Housing and Urban Development Act of 1968. Council Concur. AB - 3431 Executive Services Department recommended ratification of the execution of Amendment No. 2 to CAG-20-154, vendor Insight Public Sector, in the amount of $1,143,553.80 for the renewal of the Microsoft M365 Enterprise Agreement. Refer to Finance Committee. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED CARRIED. 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: Chair Pérez presented a report recommending concurrence in the staff recommendation to approve the Sex Offender Cost Reimbursement Grant with the King County Sheriff’s Office in order to receive up to $14,100.59 for reimbursement of overtime costs associated with verifying addresses and residency status of registered sex and kidnapping offenders. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) September 18, 2023 REGULAR COUNCIL MEETING MINUTES b) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the RCO Grant Agreement with the State of Washington per Resolution 4772. The Finance Committee further recommended adjusting the budget to reflect the $350,000 grant funding for the Talbot Hill Reservoir Park Court Sport Courts project. The total cost of the Talbot Hill Reservoir Park Sport Court project per the grant agreement is $763,732.00, of which the City-funded portion is $413,732.00 using City 316 Funds (Municipal Facilities Capital Improvement Program). The grant agreement imposes restrictions on the use of the park for public recreation purposes and limits fees in perpetuity. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to adopt a resolution authorizing application to the State Recreation and Conservation Office for a Local Parks Maintenance grant for the Coulon Pathways and Parking Lots project in the amount of $100,000. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to adopt a resolution setting October 2, 2023, as the public hearing date for assumption of the Renton Transportation Benefit District. Following the public hearing, the Committee further recommended the adoption an ordinance amending chapter 27, assuming the Renton Transportation Benefit District, to Title V of the Renton Municipal Code. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to execute the Interagency Agreement No. SWMLSWFA-2023-Renton-00124 (CAG 23-289) with the State of Washington Department of Ecology to accept $132,983 in grant funds to implement a recycling and organics technical assistance program for businesses. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to execute the Interagency Agreement with King County for the 2023-2024 Re+ City Grant (CAG-23-290) to accept $100,000 in non-matching grant funds to implement a recycling and organics technical assistance program for businesses in the City of Renton and Kent. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Public Safety Committee: Chair Văn presented a report recommending concurrence in the staff recommendation to authorize the Mayor to sign the Interlocal Agreement for School Resource Officer 2023-2024 School Year between the City of Renton and the Renton School District. MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) September 18, 2023 REGULAR COUNCIL MEETING MINUTES h) Utilities Committee: Chair Alberson presented a report recommending concurrence in the staff recommendation to adopt the ordinance approving the 2024 King County wastewater treatment charge pass through rate increase of 5.75 percent to match King County’s adopted rate, effective January 1, 2024. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. i) Utilities Committee: Chair Alberson presented a report recommending concurrence in the staff recommendation to authorize the execution of the Permanent Utility Easement, Temporary Construction Easement and Purchase and Sale agreements with Segale Properties, LLC in the amount of $4,336,732.00 for the construction of the Monroe Ave NE Infiltration Facility project. The Utilities Committee further recommended an ordinance for the acquisition of the easements located at 301 Monroe Ave NE under the imminent threat of eminent domain be presented for first reading. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. j) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to approve Change Order No. 5 to CAG-22-163, in the amount of $174,913.89, with Pivetta Brother’s Construction Inc. for the Rainier Ave S Corridor Improvements – Phase 4 project. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. k) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to approve Change Order No. 6 to CAG-22-163, in the amount of $130,000, with Pivetta Brother’s Construction Inc. for a revised plans for the clearing and grubbing of grass, trees, and shrubs for the Rainier Ave S Corridor Improvements – Phase 4 project. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolutions: a) Resolution No. 4507: A resolution of the City of Renton, Washington, authorizing the Mayor and City Clerk to enter into the Second Amendment to the Joint Interlocal Agreement regarding the Community Development Block Grant program between the City and King County. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. b) Resolution No. 4508: A resolution of the City of Renton, Washington, providing certain City personnel with signing authority to apply for grant funds from Washington State Recreation and Conservation Office to finance maintenance of pathways and parking lots at Gene Coulon Memorial Park. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTON AS PRESENTED. CARRIED. AGENDA ITEM #6. a) September 18, 2023 REGULAR COUNCIL MEETING MINUTES c)Resolution No. 4509: A resolution of the City of Renton, Washington, declaring the City Council's intent to conduct a public hearing concerning the assumption of the rights, powers, functions, and obligations of the Renton Transportation Benefit District and setting the date, time, and place for said public hearing. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTON AS PRESENTED. CARRIED. Ordinances for first reading: a)Ordinance No. 6117: An ordinance of the City of Renton, Washington, amending Section 8-5- 15.D of the Renton Municipal Code, establishing King County Metro wastewater pass through rate for 2024, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. b)Ordinance No. 6118: An ordinance of the City of Renton, Washington, providing for the acquisition of a permanent utility easement and temporary construction easement located at 301 Monroe Ave NE, Renton, Washington under imminent threat of eminent domain for a stormwater and water quality treatment project, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:31 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 18 Sep 2023 AGENDA ITEM #6. a) Council Committee Meeting Calendar September 18, 2023 September 25, 2023 Monday 4:45 PM Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Acceptance of Association of Washington Cities Alternative Response Team Grant 2. Agreement with Project Be Free for Co-Response Services 3. Amendment No. 2 to CAG-20-154 with Insight Public Sector for Microsoft M365 Enterprise Agreement Renewal 4. Vouchers 5. Emerging Issues in Finance 6:00 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. 2023 School District Capital Facilities Plans, 2024 Renton Regional Fire Authority Capital Facilities Plan, and Respective Impact Fees and Fire Marshal Fees 2. Docket 18, Group C • D-229: Eating and Drinking and Other Food-Related Land Uses • D-230: Sports Arenas, Auditoriums and Exhibition Halls 3. Emerging Issues in CED CANCELED Committee of the Whole, Chair O’Halloran 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3426 City Council Regular Meeting - 25 Sep 2023 SUBJECT/TITLE: Release of Retainage Don Persson Sr. Activity Center Outdoor Exercise Area RECOMMENDED ACTION: Council Concur DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: Retainage release payment for CAG-22-234 in the amount of $11,495.92. SUMMARY OF ACTION: The Parks and Recreation Department submits CAG-22-234, Don Persson Sr. Activity Center Outdoor Exercise Area, for release of retainage. Work began on July 13, 2022, and was completed on August 2, 2023. The contractor, Landscape Structures, Inc., met the terms of the contract by supplying outdoor exercise equipment and site furnishings, demolishing existing Bocce Ball court area, installing concrete curbs, seating areas, drainage, installing outdoor exercise equipment and placed poured -in-place rubber safety surfacing, and providing clean-up, site restoration and debris removal. EXHIBITS: A. Notice of Completion - CAG-22-234 STAFF RECOMMENDATION: Approve the project and release of retainage for CAG-22-234, in the amount of $11,495.92., upon all required lien releases from the State. AGENDA ITEM #6. b) F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Complete and submit for by email to all three agencies below Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov AGENDA ITEM #6. b) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 AGENDA ITEM #6. b) AB - 3434 City Council Regular Meeting - 25 Sep 2023 SUBJECT/TITLE: Amendment No. 4 to CAG-20-106 for Mott MacDonald Engineering Services Seaplane Base Flood Damage RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Airport STAFF CONTACT: William Adams, Civil Engineer III EXT.: 206-775-6862 FISCAL IMPACT SUMMARY: The fiscal impact of Amendment #4 with Mott MacDonald for Engineering Services related to the flood damage at the seaplane base incurred in February 2020 is not to exceed $393,634. The full cost of this contract will be funded by the Airport 422.725088 account. This project will be funded at 75% by FEMA under the President Emergency Declaration for the February 2020 flood. SUMMARY OF ACTION: The maximum amount of compensation payable to the Consultant is increased by $393,634 from $87,995 to $481,629. We have received direction from the State Emergency Management Department to begin the process of taking this project to final design. Amendment #4 covers the following: geotechnical survey, seaplane ramp condition assessment, preliminary engineering design up to 30% for the development of Joint Aquatic Resource Permit Application, final engineering analysis, bidding support and project management . The JARPA application is necessary for our shoreline permit as well as multiple other state and federal agencies combined (US Army Corps of Engineers, WA Dept of Natural Resources, WA Dept of Fish and Wildlife, WA Dept of Ecology). EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor to execute Amendment No. 4 with Mott MacDonald for Engineering Services, with a maximum expenditure not exceeding $393,634. AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AGENDA ITEM #6. c) AB - 3433 City Council Regular Meeting - 25 Sep 2023 SUBJECT/TITLE: King County Capital Project Grant – Family First Community Center RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Russ Woodruff, Capital Projects Coordinator EXT.: 206-556-5026 FISCAL IMPACT SUMMARY: The City of Renton has been awarded a grant in the amount of $500,000 from King County - Capital Project Grant to be applied toward the cost of construction of the Family First Community Center. The grant award announcement was previously presented by King County Councilmember Dave Upthegrove at the November 11, 2022 council meeting. SUMMARY OF ACTION: The funding in the amount of $500,000.00 is coming from King County, Office of Performance, Strategy and Budget and is allocated to capital projects with a public purpose in the county through King County’s 2023 -24 Adopted Budget. The funding is to be applied toward the cost of construction of the Family First Community Center. This and all other grants and donations received by the City will be applied toward construction before utilizing unrestricted City funds. EXHIBITS: A. King County Capital Project Grant Agreement STAFF RECOMMENDATION: Authorize the Mayor to execute the agreement with King County for a grant in the amount of $500,000.00 for the Family First Community Center. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 2023-2024 EXTERNAL SUPPORT PROGRAM CAPITAL PROJECT GRANT AGREEMENT Department/Division: Office of Performance, Strategy and Budget (PSB) Grant Recipient: City of Renton Project: Family First Community Center Award Amount: $500,000 Contract#: 6384309 Term Period: 01/01/23 To 12/31/23 THIS AGREEMENT is a grant agreement entered into between City of Renton (the “Grant Recipient”) and King County (the “County”) (collectively the “Parties”) for External Support capital projects grant. RECITALS A. The 2023-2024 Adopted Budget appropriates funds to the Office of Performance, Strategy and Budget for investments to be allocated to capital projects with a public purpose in King County. B. King County, a home rule charter county and political subdivision of the State of Washington, is authorized to administer the External Support capital projects and enter into agreements for the use of grant funds for community projects to be built, replaced, or remodeled, such as buildings, sidewalks, landscaping improvements, community gardens, signs, technology infrastructure, and play structures. C. The Scope of Work attached as Exhibit B has been developed in consultation with the Grant Recipient and, as detailed in the Scope of Work, the Project serves a fundamental governmental purpose, is a County purpose for which the County is receiving consideration, or is a County purpose in support of communities. NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth in this Agreement, the Parties agree as follows: GRANT AWARD TERMS AND CONDITIONS 1. DEFINITIONS 1.1 Project. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 The term “Project” means the design, development and construction of the Facility described in Exhibit A. Grant Award Funds available pursuant to this Agreement may only be used for the Project. To complete the Project, Grant Recipient shall use the Grant Award Funds to design, develop, and construct the Facility, consistent with the requirements set forth in this Agreement and in the following attached exhibits, which are incorporated herein by reference: Map of Facility and Location Attached as Exhibit A Scope of Work Attached as Exhibit B Project Budget Attached as Exhibit C Timeline, Milestones, & Performance Metrics Attached as Exhibit D Insurance Requirements Attached as Exhibit E Tax Covenants Attached as Exhibit F Prevailing Wage Certification Attached as Exhibit G 1.2 Map of Facility and Location. This Agreement applies to the Project to improve the facility (“Facility”) which is located at: 16200 116th Ave SE Renton, WA 98058 See Exhibit A for a depiction of the Facility and a map of specific Facility location and boundaries. 1.3 Scope of Work. Grant Recipient shall provide a scope of work (“Scope of Work”), attached hereto as Exhibit B, which describes the Project purpose and community benefits in detail and includes a description of the various design, development, permitting, and construction milestones required for completion of the Project and intended use of the Grant Award Funds. Grant Recipient shall apply the funds received from the County for the Project under this Agreement in accordance with the Scope of Work, attached hereto as Exhibit B. 1.4 Project Budget. Grant Recipient shall work with King County to develop a Project Budget, attached hereto as Exhibit C. King County shall provide the Grant Award Funds to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth in Exhibits B, C, D and G. Grant Award Funds provided to Grant Recipient may only be used to pay for costs and expenditures related to the Project, as set forth in Exhibits B, C, D and G. The grant is funded with the proceeds of County bonds issued on a tax-exempt basis and is subject to the tax covenants set forth in Exhibit F. 1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Recipient, including any of the contractor’s or consultant’s subcontractors or subconsultants. 2. EFFECTIVE DATE The Agreement shall be effective upon signature by both Parties (“Effective Date”). 3. TERM The term (“Term”) of this Agreement shall begin on the Effective Date and end on 12/31/23. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. AMENDMENTS This Agreement together with the attached exhibits is the whole Agreement between the Parties. This Agreement may be amended only in writing, duly executed by the Parties. Either party may request changes to this Agreement. 5. NOTICES Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses below via electronic mail. Either Party may, at any time, by giving ten (10) days written notice to the other Party to designate any other notice address. 6. DISBURSEMENT OF GRANT FUNDS 6.1 The County may authorize, at the County’s sole discretion, release of a portion of the Grant Award Funds to Grant Recipient, upon execution of this Agreement, and receipt of Grant Recipient’s County-approved completed Scope of Work and Project Budget (see Section 1 and Exhibits B and C). 6.2 The County shall initiate authorization for payment and disbursement of Grant Award Funds after approval of sufficiently detailed Project-related invoices submitted by Grant Recipient. The County shall make payment to Grant Recipient not more than thirty (30) days after a complete and accurate invoice and any other required documentation is received and approved. 6.3 Grant Recipient shall submit the final invoice, supporting documentation and any outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project Budget (Exhibit C), within thirty (30) days of the date this Agreement expires or KING COUNTY CITY OF RENTON Dwight Dively Budget Director King County 401 5th Ave Seattle, WA 98104 (206) 263-9687 Dwight.dively@kingcounty.gov Russ Woodruff Capital Project Coordinator City of Renton 1055 S. Grady Way Renton, WA 98057 206-556-5026 rwoodruff@rentonwa.gov AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 is terminated. If the Grant Recipient’s final invoice, supporting documentation and reports are not submitted by that day, the County will be relieved of all liability for payment to Grant Recipient of that invoice or any subsequent invoice. 7. GRANT REPORTING All Grant Award Funds received pursuant to this Agreement must be accounted for separately from all other Grant Recipient accounts and moneys. Until the Project is completed, and all proceeds provided pursuant to this Agreement have been expended, the Grant Recipient shall provide reports to the King County Project Manager on a schedule determined by the County. 8. COMPLETION OF THE PROJECT Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and C of this Agreement. If Grant Recipient cannot complete the Project as described, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such funds for other projects, including in in other jurisdictions. Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds for the Project as provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for a purpose other than completion of the Project as described in the Scope of Work in at Exhibit B. 9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION Grant Recipient shall recognize County as a “grant sponsor” for the Project in the following manner: 9.1 Events: Grant Recipient shall invite and recognize Office of Performance, Strategy and Budget, and the King County logo at all events promoting the Project, and at the final Project dedication. 9.2 Community Relations: Grant Recipient shall recognize King County in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 9.3 King County Notification: Grant Recipient shall notify the King County Project Manager and the Office of Performance, Strategy and Budget 30 days prior to any major milestone, such as a groundbreaking or opening dates. 9.4 King County Council Notification: If Grant Recipient is a school district or other governmental entity notification to the King County Council 30 days prior to any major milestone, such as a groundbreaking or opening dates is, required. 9.5 Signage: Grant Recipient shall recognize King County on any signage as a funder/contributor of project/facility. Grant Recipient is required to use appropriate King County logo on any signage and communications. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 DISPOSITION OF REMAINING GRANT AWARD FUNDS Any Grant Award proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion consistent with the requirements applicable to the bonds that funded the Grant Award. 10. PUBLIC ACCESS The Grant Award is provided to Grant Recipient for the Project for the purpose of developing a 21,500 square foot Family First Community Center for the residents of King County. The Grant Award will not be used to pay costs of any facility, place or building to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship. If the Grant Award is used to pay costs of a mixed-use facility that is used in part for sectarian instruction or study or as a place for devotional activities or religious worship, the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can be allocated to other activities, such as community center activities. These restrictions apply to all grantees, not just faith-based organizations. If the Grant Award is used to pay costs of a mixed-use facility that includes both community or public uses and private commercial uses, the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can be allocated to community and other public uses, such as community center activities. Grant Recipient shall notify the public of the availability of use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Fees for use of the Facility shall be no greater than those generally charged by public operators of similar facilities in King County. Notwithstanding temporary closure for required maintenance or repairs, the minimum period of time Grant Recipient must ensure the Project is available for public use is for twelve (12) years from Facility completion. If the Facility is retired or otherwise removed from use before the end of the 12-year period, the County may require the Grant Recipient to reimburse King County for the Grant Award Funds plus interest from the date of the Grant Award calculated based on the County’s cost of funds. Grant Recipient’s duties under this Section 11 will survive the expiration or earlier termination of this Agreement. 11. COVENANTS 11.1 Tax Covenants. Grant Recipient shall comply with the tax covenants set forth in Exhibit F. 12. CONSTRUCTION OF THE FACILITY 12.1 Capital Improvements. Grant Recipient shall design, develop, and construct mutually agreed upon Facility, features, and amenities in accordance with all applicable design(s), timelines, restrictions, environmental considerations, permitting determinations, neighborhood impact mitigations, and all other requirements in coordination with King County staff. All contracted work by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded and properly insured to ensure AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 the complete and safe design and construction of all facilities, features, and amenities. As between Grant Recipient and King County, Grant Recipient will be solely responsible to comply with all applicable authorities and to obtain all necessary permits, approvals, and endorsements for the Project. 12.2 Warranties. With respect to all warranties, express or implied, for work performed or materials supplied in connection with the Project, Grant Recipient shall: • Obtain all warranties, express or implied, that would be given in normal commercial practice from suppliers, manufacturers, contractors or installers; • Require all warranties be executed, in writing; • Be responsible to enforce any warranty of a contractor, subcontractor, manufacturer, or supplier. If, within an applicable warranty period, any part of the Facility or work performed to construct the Facility is found not to conform to specifications, permit requirements, or industry standard, Grant Recipient shall correct it promptly. 12.3 Right to Inspect-Construction. King County personnel or agents may inspect the Project work at any time provided that such persons observe due regard for workplace safety and security. King County may require Grant Recipient or its contractors to stop work if King County deems work stoppage necessary to remedy construction defects or to address risks to health, safety, or welfare. Grant Recipient specifically understands, acknowledges, and agrees that at a minimum, King County will inspect the Facility construction project before final completion of the Facility. 12.4 Design. Grant Recipient has retained a licensed architect and/or licensed professional engineer, registered in the State of Washington, who will prepare a Project design for the Facility and exterior landscaping, which visually blends with the setting. King County shall review the design plans for the Facility in concept and reserves the right to approve the final design of the Facility, consistent with established zoning, design code, or both. 12.5 Alteration of Site or Facility after Construction. After the Facility is completed and accepted by Grant Recipient and King County as defined herein, Grant Recipient will not make any material alteration to the Facility without express, written consent by King County. 12.6 Development and Construction Fees and Expenses. Grant Recipient will be responsible to obtain and pay for all necessary permits, fees, and expenses associated with the Project. 12.7 Public Works Laws. The Grant Recipient certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Chapter 39.12 RCW, as applicable to the Project funded by the Grant Award, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Grant Recipient shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for King County Department of Local Services’ review upon request Grant Recipient will comply with all other applicable public works laws, regulations, and ordinances, including but not limited to those related to retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and defend King County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws, regulations, and ordinances in connection with the improvements. 12.8 Minimum Scope and Limits of Insurance. Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit E – Insurance Requirements. 13. INTERNAL CONTROL AND ACCOUNTING SYSTEM Grant Recipient shall establish and maintain a system of accounting and internal controls sufficient to comply, and demonstrate compliance, with all financial, reporting, record keeping and other requirements under this Agreement. 14. MAINTENANCE OF RECORDS 15.1 Grant Recipient shall maintain accounts and records, including personnel, property, financial, Project records, and Agreement deliverables, to ensure proper accounting for all Grant Award Funds and compliance with this Agreement. 15.2 These records shall be maintained for the later of (a) six (6) years after the expiration or earlier termination of this Agreement and (b) three (3) years after the final maturity of the bonds that funded the Grant Award. Unless otherwise notified by King County Office of Performance, Strategy and Budget, Grant Recipient may assume that the final maturity of the bonds that funded the Grant Award is twelve (12) years after the date of the final payment of Grant Award Funds under this Agreement. 16. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Grant Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient’s records regarding this Agreement and the Project upon seventy-two (72) hours’ notice during normal business hours. 17. COMPLIANCE WITH ALL LAWS AND REGULATIONS Grant Recipient shall comply with all applicable laws, ordinances and regulations in using funds provided by the County and in completing the Project and providing programming at the Project, including, without limitation, those relating to providing programming on a AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 nondiscriminatory basis, providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and those related to “public works,” payment of prevailing wages, and competitive bidding of contracts. The Grant Recipient specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Grant Recipient shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 18. CORRECTIVE ACTION 18.1 If the County determines that a breach of contract has occurred or does not approve of the Grant Recipient’s performance, it will give the Grant Recipient written notification of unacceptable performance. Grant Recipient will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to Grant Recipient. 18.2 King County may withhold any payment owed Grant Recipient until the County is satisfied that corrective action has been taken or completed. 19. TERMINATION 19.1 If the termination results from acts or omissions of Grant Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, Grant Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to Grant Recipient by the County. 19.2 Any King County obligations under this Agreement beyond the current appropriation biennium are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation biennium. 19.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to expend the Grant Award Funds as specified in Section 1 and Exhibits B, C and F, or upon reimbursement by the Grant Recipient to the County of all unexpended proceeds provided by the County pursuant to this Agreement and payment of all amounts due pursuant to Section 6. 20. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the Project or Facility contracted for herein and assumes no obligation for future support of the Project or Facility contracted for herein except as expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project or Facility contemplated herein. 21. HOLD HARMLESS AND INDEMNIFICATION Grant Recipient shall protect, indemnify, and save harmless the County, its officers, agents, AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) Grant Recipient’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided by Grant Recipient’s employees or other suppliers in connection with or support of the performance of this Agreement. Grant Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the expiration or prior termination of the Agreement. Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or Grant Recipient’s exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. Grant Recipient’s obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Grant Recipient’s own expense; B. Indemnification of claims made by Grant Recipient’s employees or agents; and C. Waiver of Grant Recipient’s immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Grant Recipient. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Grant Recipient’s officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Grant Recipient in conjunction with this Agreement. Grant Recipient’s duties under this Section 21 will survive the expiration or earlier termination of this Agreement. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 22. NONDISCRIMINATION King County Code (“KCC”) chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 23. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and Grant Recipient agrees to abide by all conditions of said chapter. Failure by Grant Recipient to comply with any requirement of said KCC Chapter shall be a material breach of contract. 24. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 25. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and Grant Recipient, Grant Recipient shall be responsible to operate and maintain the completed Facility at its own sole expense and risk. Grant Recipient shall maintain the completed Facility in good working condition consistent with applicable standards and guidelines. Grant Recipient understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the Facility in any way. B. Grant Recipient shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Grant Recipient shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Grant Award Funds. Grant Recipient’s duties under this Section shall survive the expiration of this Agreement and remain in effect for the period set forth in Section 15. 26. ASSIGNMENT Grant Recipient shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Grant Recipient must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 27. WAIVER OF BREACH OR DEFAULT Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 28. TAXES Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 29. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 30. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 31. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, County and Grant Recipient a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 32. PERMITS AND LICENSES Grant Recipient shall complete the Project in accordance with all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities shall be performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project. 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Grant Recipient. 34. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and Grant Recipient. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 KING COUNTY CITY OF RENTON Signature____________________________ Signature____________________________ Name___Dwight Dively________________ Name ______________________________ Title ____Budget Director______________ Title _______________________________ Date _______________________________ Date _______________________________ AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Exhibit A- Map of Facility and Location 16200 116th Ave SE Renton, WA 98058 AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Exhibit B- Scope of Work The Family First Community Center Community Center (FFCC) is a 21,500 SF facility owned by the City of Renton. This project will bring quality recreation, education and wellness programs and services to the historically underserved communities of Benson Hill and Cascade in Renton, Washington. The goal of FFCC is to address the unmet health, wellness, and recreation needs of our community’s youth and families and enhance the stability of the Renton community by helping families achieve goals in education, fitness, wellness, and overall health. The center includes a full gymnasium, dance studio, fitness room, classrooms, a STEM facility and a medical, dental and behavioral health clinic. FFCC Foundation offerings at FFCC include after-school programs; art, music, and technology classes; youth sports, drop-in sports, and adult sport leagues; group exercise and personal training; health education, cooking and nutrition classes; and activities for infants, toddlers, and children. HealthPoint will operate three clinics at FFCC: medical, behavioral health, and dental. Renton Public Schools will offer after-school tutoring and mentoring and STEM classes at the center. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Exhibit C- Project Budget (The image below is included in the contract files.) AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Exhibit D- Timeline • Construction Commenced 2/25/22 • Construction Completed 2/24/23 • Building Open to Public 6/26/23 AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Exhibit E- Insurance Requirements Insurance Requirements. Recipient shall procure and maintain for the term of this Contract, insurance covering King County as an additional insured, as described in this section, against claims which may arise from, or in connection with, the performance of work hereunder by the Recipient, its agents, representatives, employees, and/or subcontractors. Recipient shall provide evidence of the insurance required under this Contract, including a Certificate of Insurance and Endorsements covering King County as additional insured for full coverage and policy limits upon request by King County. The costs of such insurance shall be paid by the Recipient. The Recipient shall maintain the following types of insurance and minimum insurance limits and requirements: • Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01 current edition. Such insurance shall include coverage for, but not limited to, ongoing operations, products and completed operations, and contractual liability. Such limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status to the County. • Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Work and Services by applicable federal or “Other States” State law. • Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the General Liability policy Part 2 (Employers Liability), or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the General Liability policy. • Contractor’s Pollution Liability: $1,000,000 per occurrence/aggregate AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 EXHIBIT F TAX COVENANTS The Grant Recipient acknowledges that the Grant Award provided by the County for the Project may be proceeds of tax-exempt bonds (the “Bonds”) subject to certain requirements of the Internal Revenue Code (the “Tax Code”). The Grant Recipient will take all actions with respect to the Project, and proceeds received for the Project, necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds, including but not limited to the following: Expenditure of Proceeds. The Grant Recipient will expend the Grant Award (proceeds of the Bonds) for capital expenditures for federal income tax purposes within the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay, or reimburse the Grant Recipient for, Project capital expenditures or to repay interim indebtedness incurred for capital expenditures of the Project. Notice. The Grant Recipient will provide notice of action taken or planned to issue any tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to finance Project costs. Treatment as Grant. The Grant Recipient is a municipal corporation organized under RCW Title 35 that is not a related party to the County. The County and the Grant Recipient are not members of the same controlled group. The Grant Recipient is not acting as an agent of the County. The Grant Award or Agreement does not impose any obligation or condition to directly or indirectly repay any amount to the County (excluding obligations or conditions intended solely to assure expenditure of the transferred moneys in accordance with the governmental purpose of the transfer). The Grant Award is required to be used for the Project as provided in this Agreement but does not impose any conditions relating to the use of the Project or other property of the Grant Recipient by the County or any of its agencies or authorities. This Agreement is a grant agreement. Limitations on Disposition of Project. The Grant Recipient will not sell or otherwise dispose of any components of the Project without prior written approval by the County and compliance with the requirements of this Agreement. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 Record Retention. The Grant Recipient will retain its records of all accounting and monitoring it carries out with respect to the Grant Award received and with respect to the Project for at least three (3) years after the Bonds mature or are redeemed. Cooperation. The Grant Recipient will provide tax certificates when and as requested by the County or County’s bond counsel in order to establish or maintain the tax-exempt status of the Bonds. The Grant Recipient will cooperate in any audit of the Bonds by the Internal Revenue Service, including disclosure of any record, contracts and other materials relating to the Bond proceeds received by the Grant Recipient and the Project. AGENDA ITEM #6. d) City of Renton – Family First Community Center - 6384309 EXHIBIT G PREVAILING WAGE CERTIFICATION The GRANT RECIPIENT, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Agreement, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANT RECIPIENT shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for King County Office of Performance, Strategy, and Budget’s review upon request. For any funds are used by the GRANT RECIPIENT for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANT RECIPIENT, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANT RECIPIENT’s governing body as of the date and year written below. ______________________________________ SIGNATURE ______________________________________ DATE AGENDA ITEM #6. d) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/21/2023 Seattle - Alliant Insurance Services, Inc. 401 Union Street, 31st Floor Seattle WA 98101 Jamie Arnoldi 949-627-7000 Jamie.Arnoldi@alliant.com Safety National Casualty Corpo 15105 RENTON0-01 Ironshore Specialty Insurance 25445City of Renton 1055 S Grady Way Renton WA 98057-3232 1413276423 A X 1,000,000 X 500,000 2,000,000 X Per Member Y XPR4067991 1/1/2023 1/1/2024 2,000,000 SIR 300,000 A XSP40679121/1/2023 1/1/2024 1,000,000 1,000,000 1,000,000 B Pollution Liability*APIP2324 7/1/2023 7/1/2024 Each Incident Limit Aggregate Limit Deductible $2,000,000 $25,000,000 $250,000 Excess Workers' Compensation is subject to a $750,000 Self-Insured Retention. Re: Family First Community Center #6384309. The Certificate holder is included as Additional Insured. Coverage is primary and non-contributory. King County Attn: Dwight Dively, Office of Performance, Strategy and Budget 401 5th Ave Seattle WA 98104 Exhibit E - Insurance CertificateAGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-2-060.J AND 4-2-080.A.29 OF THE RENTON MUNICIPAL CODE REGARDING ZONING FOR SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS OF THE RENTON MUNICIPAL CODE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton has determined it needs to update the locations and conditions under which indoor and outdoor sports arenas, auditoriums, and exhibition halls are allowed; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on March 31, 2023, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on August 2, 2023, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; 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. Section 4-2-060.J of the Renton Municipal Code is amended as shown in Attachment A which is attached and incorporated herein. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 SECTION III. Section 4-2-080.A.29 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-080.A shall remain unchanged. 29. Specified use(s) are only allowed in the Employment Area (EA) land use designation west of Rainier Avenue South/ SR-167, provided: a. Gambling facilities, vehicle and equipment rental, and communication broadcast and relay towers are prohibited within the area south of I-405 and north of SW 16th Street. b. The following uses Outdoor storage (existing and new), vehicle storage, and large vehicle sales are only allowed in the area south of I-405 and west of Rainier Avenue South/SR-167:. i. Indoor or outdoor sports arenas, auditoriums, and exhibition halls; ii. Outdoor storage (existing and new) as a primary use (outdoor storage is allowed as an accessory use in all industrial zones); iii. Vehicle storage; and iv. Large vehicle sales. Outdoor storage is allowed as an accessory use in all industrial zones. c. Bulk storage shall be subject to the special permits provisions of RMC 4-9-220. Bulk storage is only allowed at least one hundred feet (100') from any residential zoning designations. Bulk storage shall be consistent with the provisions of RMC 4-4-110, Storage, Bulk. d. Medical institutions shall be subject to the provisions for Urban Design District ‘D’ pursuant to RMC 4-3-100, Urban Design Regulations. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 SECTION IV. 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 V. 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 VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL the day of , 2023. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2023. Armondo Pavone, Mayor AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:2276:09/05/2023 AGENDA ITEM # 8. a) 5 ATTACHMENT A 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations: USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R- 10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 J. ENTERTAINMENT AND RECREATION Entertainment Adult entertainment business (RMC 4-3-010) P P P P P P12 Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD Dance clubs P29 P29 P29 AD P20 AD P29 AD Dance halls P29 P29 P29 AD P20 AD P29 AD Gaming/gambling facilities, not- for-profit H29 H29 H29 H20 H29 Movie theaters P29 P29 P29 AD P20 P P12 P82 P82 Smoking lounge Sports arenas, auditoriums, exhibition halls, indoor PAD29 PAD29 PAD29 P20 P AD29 H18 H18 Sports arenas, auditoriums, exhibition halls, outdoor PAD29 PAD29 PAD29 AD20 AD29 H18 H18 Recreation AGENDA ITEM # 8. a) ORDINANCE NO. ________ 6 USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R- 10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 Golf courses (existing) P P P P P P P Golf courses, new H P H H H H H Marinas P P21 H H Recreational facilities, indoor, existing H P33 P29 P29 P29 P P P P54 P21 P82 P82 Recreational facilities, indoor, new H P29 P4 P P P91 P12 P21 P82 P82 Recreational facilities, outdoor P29 P29 P29 H20 H29 H83 H83 AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-190.D, 4-1-190.G.4, AND 4-1-190.I.2 OF THE RENTON MUNICIPAL CODE, AMENDING IMPACT FEE REGULATIONS REGARDING IMPACT FEE DEDUCTIONS, AND ADDING A DEFINITION AND IMPACT FEE EXEMPTION STANDARDS RELATED TO EARLY LEARNING FACILITIES, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 82.02.050, the purpose of impact fees is to ensure that adequate public facilities are available to serve new growth and development by imposing fees on that new growth and development which are proportional to the impact it has on the City in regards to transportation, parks, fire and emergency services, and schools; and WHEREAS, the City seeks to exempt early learning facilities from eighty percent (80%) of the transportation impact fees pursuant to RCW 82.02.060; and WHEREAS, RMC 4-1-190.G.4 provides a time limit of three years for which the credit toward impact fees from the previous use of most vacant buildings can be utilized; and WHEREAS, RMC 4-1-190.G.4 does not apply a vacancy time limit for single family dwelling units in order to use an impact fee deduction, and the City seeks to extend this to all dwelling unit types; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 2, 2023, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and AGENDA ITEM # 8. b) ORDINANCE NO. ________ 2 WHEREAS, the Planning Commission held a public hearing on June 21, 2023, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; 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 not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-1-190.D of the Renton Municipal Code is amended as follows: D. DEFINITIONS: The words and terms defined below shall have the following meanings for the purposes of this Section, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary meaning. 1. “Administrator” means the Administrator or designee of the Department of Community and Economic Development. 2. “Applicant” for the purposes of this Section includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. 3. “Building permit” means an official document or certification which is issued by the City and which authorizes the construction, alteration, AGENDA ITEM # 8. b) ORDINANCE NO. ________ 3 enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof. 4. “Capital facilities plan” means the capital facilities element of the City’s Comprehensive Plan adopted pursuant to chapter 36.70A RCW and such plan as amended. 5. “City” means the City of Renton. 6. “Classrooms” means educational facilities of each respective school district that the district determines are necessary to best serve its student population and that are required to house students for its basic educational program. Specialized facilities as identified by the school district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. 7. “Construction cost per student” means the estimated cost of construction of a permanent school facility in the school district for the grade span of school to be provided, as a function of the school district’s design standard per grade span and the requirements of students with special needs. 8. “Council” means the Renton City Council. 9. “Department” means the City’s Department of Community and Economic Development. 10. “Development activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that generate the need for additional public facilities. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 4 11. “Development approval” means any written authorization from the City of Renton which authorizes the commencement of a development activity. 12. “Early Learning Facility” is the same as defined in RCW 43.31.565(3) as now enacted or hereafter amended. 1213. “Elderly” means a person aged sixty two (62) or older. 1314. “Encumbered” for transportation and parks means to reserve, set aside, or otherwise earmark impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements. For school and fire it means impact fees identified by the district or RRFA as being committed as part of the funding for a facility for which the publicly funded share has been assured or building permits sought or construction contracts let. 1415. “Feepayer” is any person, collection of persons, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. “Feepayer” includes an applicant for an impact fee credit. 1516. “Fee Schedule” is the City of Renton Fee Schedule detailing amounts to be paid for various permits, licenses, etc., that is published, kept on file, and made available to the public on the City’s website and in the office of the Renton City Clerk. 1617. “Fire capital facilities plan” means the RRFA’s capital improvement plan adopted by the RRFA’s governing board that includes the following: AGENDA ITEM # 8. b) ORDINANCE NO. ________ 5 a. An inventory of existing capital facilities and equipment owned by the RRFA, their locations, and capacities. b. The identification of the demands projected new development is anticipated to place on existing fire protection facilities and equipment. c. A forecast of the capital facilities and equipment necessary to meet the RRFA’s adopted level of service with the increased demand of new development within the RRFA. d. The proposed locations of expanded or new capital facilities and equipment and the associated timeline for construction or expansion. e. At least a six (6) year financing component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed fire protection facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues. f. Any other long-range projects planned by the RRFA. 1718. “Fire protection” shall mean fire protection facilities, including but not limited to fire stations, fire apparatus, and any furnishings and equipment that can be capitalized. 1819. “Grade span” means the categories into which a school district groups its grades of students, i.e., elementary school, middle or junior high school, and high school. 1920. “Hearing Examiner” shall mean that person or persons acting as the Renton Hearing Examiner. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 6 2021. “Impact fee” means a payment of money imposed by the City of Renton on development activity pursuant to this Section as a condition of granting development approval. An impact fee does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the fee for reviewing independent fee calculations, or the fee for deferring payment of impact fees. 2122. “Impact fee account(s)” means the separate accounting structure(s) within the City’s established accounts, which structure(s) shall identify separately earmarked funds and which shall be established for the impact fees that are collected. The account(s) shall be established pursuant to subsection M of this Section and shall comply with the requirements of RCW 82.02.070. 2223. “Independent fee calculation” means the transportation impact fee calculation, and/or economic documentation prepared by a feepayer, to support the assessment of a transportation, parks or fire protection impact fee other than by the use of the rates published in the Fee Schedule, or the calculations prepared by the department where none of the fee categories or fee amounts in the Fee Schedule accurately describe or capture the impacts of the development activity on public facilities. 2324. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 7 2425. “Parks” shall mean parks, open space, and recreation facilities including but not limited to land, improvements, and any furnishings and equipment that can be capitalized. 2526. “Permanent school facilities” means the facilities of a school district with a fixed foundation which are not relocatable facilities. 2627. “Permit for change of use or change of use permit” means an official document which is issued by the City which authorizes a change of use of an existing building or structure or land. 2728. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project, are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. 2829. “Public facilities,” for purposes of this Section, means the following capital facilities owned or operated by the City of Renton, school districts, Renton Regional Fire Authority, or other governmental entities: public streets and roads, public parks, open space and recreation facilities and fire protection facilities. 2930. “Rate Study” means any rate study relating to impact fees for transportation, parks, or fire protection adopted by the City of Renton. 3031. “Relocatable facility” means any factory-built structure, transportable in one or more sections, such as that which is designed to be used as an education AGENDA ITEM # 8. b) ORDINANCE NO. ________ 8 space needed to prevent the overbuilding of school facilities to meet the needs of service areas within a school district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. 3132. “Relocatable facilities cost per student” means the estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of a school district’s design standard per grade span and the requirements of students with special needs. 3233. “RRFA” means the Renton Regional Fire Authority, a Washington State municipal corporation established and operating pursuant to chapter 52.26 RCW. 3334. “School capital facilities plan” means each respective school district’s capital facilities plan adopted by the School Board, which shall consist of: a. A forecast of future needs for school facilities based on the school district’s enrollment projections; b. The long-range construction and capital improvements projects of the school district; c. The schools under construction or expansion; d. The proposed locations and capacities of expanded or new school facilities; e. At least a six (6) year financing plan component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for AGENDA ITEM # 8. b) ORDINANCE NO. ________ 9 such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and f. Any other long-range projects planned by the school district. 3435. “School district design standard” means the space required, by grade span, including the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in each respective school district’s capital facilities plan. 3536. “Site cost per student” means the estimated cost of a site in a school district for the grade span of school to be provided, as a function of the school district’s design standard per grade span and the requirements of students with special needs. 3637. “Standard of service” means the standard adopted by a school district which identifies the program year, the class size by grade span and the requirements of students with special needs, the number of classrooms, the types of facilities the school district believes will best serve its student population, and other factors as identified by a school district. The school district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the School Board pursuant to a Board resolution, “transitional facilities” shall mean those facilities that are used to cover the time required for the construction of permanent school facilities; provided, that the school district has the necessary AGENDA ITEM # 8. b) ORDINANCE NO. ________ 10 financial commitments in place to complete the permanent school facilities called for in the school district’s capital facilities plan. 3738. “Street” or “road” means a public right-of-way and all related appurtenances, including lawfully required off-site mitigation, which enable motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations. For purposes of this Section, public streets and roads are collectively referred to as “transportation.” 3839. “Student factor” means the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on a school district’s record of average actual student generation rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided, that if such information is not available in the school district, data from adjacent districts, districts with similar demographics, or countywide averages may be used. Student factors must be separately determined for single family and multi-family dwelling units, and for grade spans. 3940. “System improvements,” for purposes of this Section, means public facilities that are included in the City of Renton’s capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. 4041. “Transportation” means public streets and roads and related appurtenances. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 11 SECTION III. Subsection 4-1-190.G.4 of the Renton Municipal Code is amended as follows: 4. Impact Fee Deductions for Vacant Structures or Buildings: For the purposes of this Section, an existing structure or building or portion thereof charged impact fees can be deemed vacant only after it has first been occupied. For development that is charged impact fees for commercial use(s), occupancy shall be demonstrated by the issuance of a business license. Impact fee deductions for vacant structures or buildings shall apply as follows: There is not a limit on the number of years a single family dwelling unit is vacant to be eligible to use an impact fee deduction. a. When an existing structure or building or portion thereof has been vacant for less than three (3) years, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. b. Except for dwelling units, Wwhen an existing structure or building or portion thereof has been vacant for a period of three (3) years or more, the impact fee shall be the applicable impact fee for the land use of the new category; there shall not be a deduction of the impact fee that was or was not previously paid for AGENDA ITEM # 8. b) ORDINANCE NO. ________ 12 the land use category of the prior use. Dwelling units are eligible for impact fee deductions regardless of the duration the unit has been vacant. SECTION IV. Subsection 4-1-190.I.2 of the Renton Municipal Code is amended to add a new subsection 4-1-190.I.2.h to read as follows: 2. Transportation, Parks, and Fire Impact Fees: Except as provided for below, the following shall be exempted from the payment of all transportation, parks, and fire impact fees: a. Alteration or replacement of an existing residential structure that does not create an additional dwelling unit or change the type of dwelling unit. b. Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use. c. Miscellaneous improvements which do not generate increased need for public facilities, including, but not limited to, fences, walls, residential swimming pools, and signs. d. Demolition or moving of a structure. e. Projects that have undergone prior State Environmental Policy Act (SEPA) review and received a final decision that includes mitigation requirements on the condition that the SEPA mitigation obligation has or will be fulfilled by the time the impact fees, if applicable, would be due. f. Housing that qualifies for waived fees under the provisions of RMC 4-1- 210. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 13 g. Temporary manufactured homes for medical hardships that meet the criteria identified in RMC 4-9-240. h. An Early Learning Facility is exempt from paying eighty percent (80%) of the required Transportation Impact Fee. This exemption is reflected in the Fee Schedule. SECTION V. 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 VI. 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 VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL the _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk AGENDA ITEM # 8. b) ORDINANCE NO. ________ 14 APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-CED:2270:9/5/23 AGENDA ITEM # 8. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 8-5-15.D OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE KING COUNTY METRO WASTEWATER PASS THROUGH RATE FOR 2024, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. 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 not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Section 8-5-15.D of the Renton Municipal Code is amended as follows: 8-5-15 SEWER CHARGES: D. Additional Charges: In addition to the foregoing charges specified in this Section, the following rates shall be charged, in accordance with the Interlocal Agreement with King County Wastewater: 1. Single-family dwelling units: Single-Family Residential: 2023 Rate 2024 Rate King County Wastewater Charge $52.11 $52.11$55.11 King County Rate Adjustment Charge $0.00 $0.00 2. All users other than single-family: AGENDA ITEM # 8. c) ORDINANCE NO. ________ 2 All Users Other Than Single-Family: 2023 Rate 2024 Rate King County Wastewater Charge – Minimum Charge includes 750 Cubic Feet usage charge $52.11 $52.11$55.11 King County Wastewater Charge – Per each additional 100 Cubic Feet usage charge over 750 Cubic Feet $6.95 $6.95$7.35 King County Rate Adjustment Charge $0.00 $0.00 3. Any additional charges hereafter imposed by King County Wastewater under the “Industrial Cost Recovery” or “Industrial Waste Surcharge” programs required under the FWPCA (PL 92-500), Section 204, or as same may be amended hereafter, plus fifteen percent (15%) thereof as an additional charge for the City’s cost of implementing such programs. 4. Senior and/or disabled low-income rates: a. Senior and/or disabled citizens who qualify under RMC 8-4-31.C for low-income rates prior to May 31, 2008, are eligible for a seventy-five percent (75%) subsidy of City sewer charges and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: AGENDA ITEM # 8. c) ORDINANCE NO. ________ 3 Low-income Rates Qualified prior to May 31, 2008 2023 Rate 2024 Rate King County Wastewater Charge Non-subsidized $52.11 $52.11$55.11 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge 75% subsidy $8.17 $8.42 b. All other senior and/or disabled citizens qualifying under RMC 8-4-31.C for low-income rates after May 31, 2008, are eligible for a fifty percent (50%) subsidy for City sewer charges and a nonsubsidized rate for the King County Wastewater charge in accordance with the Interlocal Agreement with King County Wastewater: Low-income Rates Qualify After May 31, 2008 2023 Rate 2024 Rate King County Wastewater Charge Non-subsidized $52.11 $52.11$55.11 King County Rate Adjustment Charge $0.00 $0.00 City Sewer Charge 50% Subsidy $16.35 $16.84 SECTION III. These rates become effective with billings computed on or after January 1, 2024 for the 2024 rates. SECTION IV. 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 AGENDA ITEM # 8. c) ORDINANCE NO. ________ 4 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 V. 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 VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 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-PW:2278:8/15/23 AGENDA ITEM # 8. c) CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE ACQUISITION OF A PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT LOCATED AT 301 MONROE AVENUE NE, RENTON, WASHINGTON UNDER IMMINENT THREAT OF EMINENT DOMAIN FOR A STORMWATER AND WATER QUALITY TREATMENT PROJECT, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton is a non-charter optional municipal code city as provided in title 35A RCW, incorporated under the laws of the State of Washington, and authorized to acquire title to real property for public purposes pursuant to Chapter 8.12 RCW; and WHEREAS, the City of Renton plans to construct and operate certain stormwater, water treatment and drainage facilities in Renton, Washington (the “Project”); and WHEREAS, the City determined that the acquisition of certain property rights over the parcel, fully described in Exhibit A attached hereto, and known as King County Tax Parcel No. 162305-9059 ("Parcel”), is necessary to complete the Project; and WHEREAS, the City determined that those property rights necessary to complete the Project include that certain Utility Easement and Temporary Construction Easement fully described in Exhibit B attached hereto (collectively, the “Easements”); and WHEREAS, the City appraised the fair market value of the Easements; and WHEREAS, Segale Properties LLC (“Owner”), a Washington limited liability company (UBI 602 023 533), is the successor by name change to La Pianta Enterprises LLC (UBI 602 023 533), which is the successor by merger to La Pianta Limited Partnership, which partnership acquired title to the Parcel by statutory warranty deed recorded February 29, 1996 in Official Records AGENDA ITEM # 8. d ORDINANCE NO. ______ 2 under Recording No. 9602291883 and re-recorded under King County Recording No. 20021028002596; and WHEREAS, the City notified Owner of its intent to exercise its power of eminent domain with respect to the Easements; and WHEREAS, the City and Owner have reached an agreement under the imminent threat of eminent domain (the “Purchase and Sale Agreement”) for the sale of the Easements to the City, subject to Council Approval; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to require the City to comply with the acquisition procedures under RCW 8.26.180; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to notice of final action under RCW 8.25.290; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, waived its right to adjudication of the issue of public use and necessity; and WHEREAS, Owner, under the terms of the Purchase and Sale Agreement, affirmed that no individual or business occupies the Parcel being acquired and therefore no individual or business will be displaced by the City’s Project (as defined by Chapter 8.26 RCW); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION I. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. SECTION II. The City Council of the City of Renton finds and declares that: i) the Project is a public use; ii) the acquisition of the Easements described in Exhibit B over the Parcel legally AGENDA ITEM # 8. d ORDINANCE NO. ______ 3 described in Exhibit A is necessary for the completion of the Project; and iii) the acquisition of the Parcel and the construction of the Project are in the best interests of the citizens residing within the City of Renton. SECTION III. The City Council authorizes the acquisition of the Easements under imminent threat of eminent domain and initiation of a condemnation action if necessary, for the Project, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. SECTION IV. Nothing in this Ordinance limits the City in its identification and acquisition of property and property rights necessary for the Project. The City reserves the right to acquire additional or different properties or property rights as needed for the Project. SECTION V. The Mayor, by and through the Mayor’s designees, is authorized and directed to complete the purchase of the Easements under imminent threat of eminent domain, and, if needed, to prosecute actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the Easements to carry out the provisions of this Ordinance. SECTION VI. The compensation to be paid to Owner of the Parcel acquired for the Project shall be paid from the City's Surface Water Utility Enterprise Fund or from such other monies that the City may have available or attain for the acquisition. SECTION VII. 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. AGENDA ITEM # 8. d ORDINANCE NO. ______ 4 SECTION VIII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the 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-PW:2277:08/25/23 AGENDA ITEM # 8. d ORDINANCE NO. ______ 5 EXHIBIT A Property Legal Description THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON AGENDA ITEM # 8. d ORDINANCE NO. ________ 6 EXHIBIT B LEGAL DESCRIPTION OF EASEMENTS Temporary Construction Easement AGENDA ITEM # 8. d ORDINANCE NO. ________ 7 Permanent Utilities Easement AGENDA ITEM # 8. d