HomeMy WebLinkAboutAgenda Packet for 03/07/2016CITY OF
enton
AGENDA
City Council Regular Meeting
7:00 PM - Monday, March 7, 2016
Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATIONS
a) Custer Fund (RCF) Donation
b) Renton Human Trafficking Awareness Event
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENT
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• The first comment period is limited to 30 minutes.
• The second comment period, later on the agenda, is unlimited in duration.
• 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 February 22, 2016.
Council Concur
b) AB - 1614 Community & Economic Development Department recommends adoption of an
ordinance granting a 10 -year franchise agreement with Level 3 Communications, LLC as a
purveyor of broadband telecommunication services within the City of Renton.
Refer to Utilities Committee
c) AB - 1616 Community & Economic Development Department submits 10% Notice of
Intent to Annex petition for the proposed Bradley Annexation and recommends a public
meeting be set on 3/21/2016 to consider the petition; 17.7 acres bordered to the south
by parcel lines located near SE 146th PI. (if extended), by parcel lines near 157th PI. SE to
the east, parcel lines in proximity to SE 142rd PI. to the north, and by 154th PI. SE to the
west.
Council Concur
d) AB - 1598 Community Services Department requests approval to waive the shelter fees in
the amount of $280 for the annual REACH "CROP Out Hunger Walk" on 5/1/2016.
Refer to Finance Committee
e) AB - 1611 Community Services Department submits CAG -15-082, Gene Coulon Memorial
Beach Park - Concrete Tile Rehabilitation Project, contractor Road Construction
Northwest; and requests acceptance of the project, an release of retainage in the amount
of $28,034.03, if all required releases are obtained.
Council Concur
f) AB - 1613 Human Resources/ Risk Management Department recommends approval of
the reclassification of a HR Manager (m30) to HR Labor Relations Classification and
Compensation Manager (m36) in the Human Resources and Risk Management
Department, effective immediately with an increased cost of $7,280, for 2016.
Refer to Finance Committee
g) AB - 1617 Police Department recommends amending the City of Renton Index of Positions
and Pay Ranges, included in the 2015-2016 Biennial Budget, by approving the new
position of Police Manager (m30) and authorize the Administration to fill this position
through eliminating the Police Commander position in the Staff Services Division of the
Police Department.
Refer to Public Safety Committee
h) AB - 1610 Transportation Systems Division recommends approval of a monthly rent
increase based on the Consumer Price Index -Urban for all Airport T -hangers from $393.62
to $462, including leasehold excise tax, with an annual increased revenue of $7,400,
effective 4/1/2016.
Refer to Transportation (Aviation) 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) Transportation (Aviation) Committee: Project Acceptance of SW 27th St./Strander Blvd.
Extension, Phase 1
8. RESOLUTIONS AND ORDINANCES
Ordinance for second and final reading:
a) Abandoned Shopping Cart Enforcement (First reading on 2/22/15)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. AUDIENCE COMMENTS
11. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7th Floor Conferencing Center
March 7, 2016
Monday, 6:00 p.m.
Lodging Tax Funding Allocation Recommendations
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
AGENDA ITEM #6. a)
'Renton O
MINUTES
City Council Regular Meeting
7:00 PM - Monday, February 22, 2016
Council Chambers, 7th Floor, City Hall —1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Randy Corman, Council President
Ryan Mclrvin
Armondo Pavone
Ruth Perez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Nancy Carlson, Human Resources and Risk Management Administrator
Ellen Bradley -Mak, Human Resources and Risk Management Administrator
Preeti Shridhar, Deputy Public Affairs Administrator
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Cliff Long, Economic Development Director
Commander Dave Liebman, Police Department
PROCLAMATION
Del Mead Day - February 24, 2016: A proclamation by Mayor Law was read declaring
February 24, 2016 to be "Del Mead Day" in the City of Renton, and all citizens were
encouraged to join in wishing Del a very happy birthday and thank her for her 16 years of
February 22, 2016 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #6, a)
dedicated volunteer service. Ms. Mead expressed her love and appreciation for the City of
Renton and accepted the proclamation with thanks.
MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
World Spay Day - February 23, 2016: A proclamation by Mayor Law was read declaring
February 23, 2016 to be "World Spay Day 2016" in the City of Renton, and all citizens were
encouraged to join in this special observance by having their own pets spayed or neutered or
by sponsoring the spaying or neutering of a pet in need.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
The Renton History Museum has received a grant of $10,000 from First Financial
Northwest Foundation for the renovation of the museum lobby this spring. This grant
is in addition to a Building for Culture award of $20,500 from 4Culture and King
County. The museum lobby renovation project will result in a more attractive and
educational introduction to Renton's history and will begin in April.
The Community Services Department has scheduled tree work the week of February
22nd on South 2nd Street across from Renton High School. Fourteen oak trees in the
center boulevards will be pruned to remove dead branches and correct branch
growth on some trees. Two westbound lanes will be closed temporarily between
9:00 a.m. and 3:00 p.m. The other two westbound lanes will remain open.
Public Works Administrator Gregg Zimmerman provided Council with information regarding
the Solid Waste Collection Contract transition. He clarified that the Administration
recommends the current Waste Management contract be extended through November 1,
2016, with a possibility to extend it further if needed, so as to provide sufficient time for the
following implementation steps of the new contract with Republic Services to take place:
• New contract proposal approval and adoption by Council.
• Equipment procurement.
• Route development.
• Employee development hiring and training.
• Cart and container re -labeling.
• Customer data and billing transfer.
• Public education and outreach.
Councilmember Persson requested that the contract be extended through February 1, 2017
so as to ensure employment for all Waste Management employees during the holidays.
Council voiced no objections to setting the extension date with Waste Management to a date
in February 2017.
February 22, 2016 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #6. a)
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion, following the listing. At the request
of Councilmember Persson, Consent Agenda item 8.e. was pulled for separate consideration.
a) Approval of the Council Meeting minutes of 2/8/2016. Council Concur.
b) AB - 1602 Mayor Law reappointed Roxanna Johnson to the Planning Commission for a term
expiring 1/31/2019. Council Concur.
c) AB - 1605 Administrative Services Department recommended adopting a resolution to set the
threshold for state sales tax credit for 2016 at $4,873,000 related to the Benson Hill
annexation. (See below for resolution.) Council Concur.
d) AB -1603 Community Services Department reported the results from the 1/26/2016 bid
opening for CAG -15-229 - Meadow Crest Playground, Phase 2 - Nature Play Area; and
submitted the staff recommendation to accept the lowest responsive bid submitted by Paul
Brothers, Inc. in the amount of $210,540.78, and accept the $55,000 donation from the
Charles Custer Fund, and adjust the budget. Refer to Finance Committee.
f) AB -1609 Community Services Department requested approval to waive golf course green
fees and driving range fees in the amount of $3,100 for the Liberty High School Girls Golf
Team for the 2016 season. Council Concur.
g) AB - 1604 Human Resources / Risk Management Department recommended approval of a
contract with Carl Warren & Co. in an amount not to exceed $150,000 over a three-year
period, for the purpose of claims adjusting services. Refer to Finance Committee.
h) AB - 1600 Transportation Systems Division submitted CAG -11-133, SW 27th Street/Strander
Blvd. Extension, Phase 1 Segment 2A Project, contractor Guy F. Atkinson Construction, LLC;
and requested acceptance of the project, and approval of the final pay estimate of
$230,383.90, subject to receiving the required certifications. Refer to Transportation
(Aviation) Committee.
i) AB - 1601 Transportation Systems Division submitted CAG -14-106, Highlands to Landing
Pedestrian Connection Project, contractor R.L. Alia Company; and requested acceptance of
the project, and approval of the final pay estimate of $788.40, subject to receiving the
required certifications. Council Concur.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA MINUS ITEM 8.E. CARRIED.
ITEM B.E. - SEPARATE CONSIDERATION
e) AB - 1606 Community Services Department submitted a Lease amendment to LAG -14-006
with Amazing Grace Lutheran Church, extending the lease amounts and duration, and for
renovations on the third floor of the 200 Mill Building for the Renton Preparatory Christian
School in the amount of $390,000 over 6 years. Refer- to- FinaRae Gemmitte
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 8.E. AS COUNCIL CONCUR. CARRIED.
February 22, 2016 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #6. a)
UNFINISHED BUSINESS
a) Finance Committee Chair Persson presented a report approving for payment on February 22,
2016 claims vouchers 344913 - 345291, four wire transfers and one payroll run with benefit
withholding payments totaling $5,042,562.22 and payroll vouchers including 753 direct deposits
and 93 payroll checks totaling $1,705,077.29.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve the Interlocal Agreement with Valley Medical Center for Valley
Medical Occupational Health Services for 2016 in the amount of $73,365 and adopt the
associated resolution. (See below for resolution.)
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Transportation (Aviation) Committee Chair Perez presented a report recommending concurrence
in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement
with King County Metro Transit for the purchase of ORCA Business Cards and ORCA Business
Passport Products.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
RESOLUTIONS AND ORDINANCES
Resolutions:
a) Resolution No. 4276: A resolution was read authorizing the City of Renton to impose a Sale
and Use Tax as authorized by RCW 82.14.415 as a credit against state sales and use tax,
relating to annexations.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
b) Resolution No. 4277: A resolution was read authorizing the Mayor and City Clerk to enter into
an interlocal agreement with Public Hospital District No. 1 of King County, D/B/A Valley
Medical Center Occupation Health Services.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinance for first reading:
d) Ordinance No. 5786: An ordinance was read amending Chapter 27, Shopping Cart Regulation,
of Title VI (Police Regulations) of the Renton Municipal Code, by clarifying regulations; adding
definitions for 'Administrator,' Sign,' Cart Sign,' and 'Impounded Cart;'
delegating the requirements for shopping cart retrieval and containment plans; and adding
fines for violations of this Chapter.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
February 22, 2016 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #6. a)
Ordinance for second and final reading:
e) Ordinance No. 5785: An ordinance was read establishing an assessment district for sanitary
sewer service for properties adjacent to SE 165th St., and establishing the amount of the
charge upon connection to the facilities.
NEW BUSINESS
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
Please see attached Council Committee Meeting calendar.
EXECUTIVE SESSION & ADJOURNMENT
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL RECESS INTO EXECUTIVE
SESSION FOR APPROXIMATELY 25 MINUTES TO DISCUSS LABOR NEGOTIATIONS - RCW
42.30.140(4)(b) WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL
MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED.
TIME: 7:31 P.M.
Executive session was conducted. There was no action taken. The executive session and
Council Meeting adjourned at 8:05 p.m.
Jason A. Seth, CMC, City Clerk
Megan Gregor, Recorder
Monday, February 22, 2016
February 22, 2016 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #6, a)
Council Committee Meeting Calendar
February 22, 2016
February 25, 2016
Thursday
CANCELED Planning & Development Committee, Chair Prince
CANCELED Community Services Committee, Chair Witschi
8:30 AM - 4:30 PM City Council Retreat, Chair Corman - Maplewood Greens, Cedar Room
1. Downtown Revitalization
2. Council Communication and Process
February 26, 2016
Friday
8:30 AM - 4:30 PM
February 29, 2016
Monday
NO MEETINGS
March 7, 2016
Monday
City Council Retreat, Chair Corman - Maplewood Greens, Cedar Room
1 . Capital Improvement Plan Review
2. Sidewalks
3. Traffic Congestion
4. Benson Hill Community Plan Update
5. Annexation Policy Review
6. Community Involvement and Programs
7. Business Plan
Fifth Monday
4:30 PM Utilities Committee, Chair Mclrvin - Council Conference Room
1. Solid Waste Briefing
2. Wastewater Briefing
5:00 PM Transportation Committee, Chair Perez - Council Conference Room
1 . SW 27 St./Strander Blvd. Extension, Phase 1 Segment 2A Project
2. Emerging Issues in Transportation
6:00 PM Committee of the Whole, Chair Corman - Conferencing Center
1. Lodging Tax Funding Allocation Recommendations
AGENDA ITEM #6. b)
AB - 1614
CITY OF
enton 0
SUBJECT/TITLE: Level 3 Communications, LLC Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Amanda Askren, Property & Technical Services Manager
EXT.: 7369
Expenditure Required:
$ N/A
Transfer Amendment: $ N/A
Amount Budgeted:
$ N/A
Revenue Generated: $ N/A
Total Project Budget:
$ N/A
City Share Total Project: $ N/A
Level 3 Communications is a premier global communications provider headquartered in Broomfield, Colorado
that provides communications services to enterprise, government, and carrier customers. Level 3 has
requested a franchise agreement with the City of Renton in order to provide broadband internet and
telephone services. A separate franchise would be pursued if Level 3 seeks to provide cable services in the
future. The franchise being sought with the City of Renton would allow for the installation of communication
facilities, specifically fiber optic cable and related appurtenances, under, along, over, below and through, and
across public rights-of-way within the City. The use of the City rights-of-way for this private
telecommunications system requires a franchise agreement with the City and is subject to appropriate fees for
the reduced value of the affected rights -of way.
The franchise agreement permits Level 3 to construct, install, and operate communications equipment,
specifically fiber optic cable and related appurtenances within and through public rights -of way, public ways,
and other ways within the City of Renton.
The length of term agreed to by the City and Level 3 for the proposed franchise agreement would be effective
for a period of ten (10) years. A possible 5 -year renewal is allowed for, via the franchise, at the City's
discretion.The agreement is formatted to group similar items together:
• Sections 1-8 cover the basic franchise approval.
• Sections 9-14 cover general work activities.
• Sections 15-24 cover basic legal concerns.
• Sections 25-27 provide for final franchise adoption
A. Issue Paper
B. Ordinance
Authorize the Mayor and City Clerk to enter into a franchise agreement with Level 3 Communications, LLC as a
purveyor of broadband telecommunication services within the City of Renton.
AGENDA ITEM #6, b)
DEPARTMENT OF COMMUNITY —
CITV Of
& ECONOMIC DEVELOPMENT Renton O
M E M O R A N D U M
DATE: February 24, 2016
TO: Randy Corman, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: C.E. "Chip" Vincent, CED Administrator
STAFF CONTACT: Amanda Askren, Property & Technical Services Manager
(x7369)
SUBJECT: Level 3 Communications, LLC Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with Level 3 Communications, LLC?
RECOMMENDATION:
Staff recommends that Council should authorize the Mayor and City Clerk to enter into a
franchise agreement with Level 3 Communications, LLC as a purveyor of broadband
telecommunication services within the City of Renton.
BACKGROUND SUMMARY:
Level 3 Communications is a premier global communications provider headquartered in
Broomfield, Colorado that provides communications services to enterprise, government,
and carrier customers. Level 3 has requested a franchise agreement with the City of
Renton in order to provide broadband internet and telephone services. A separate
franchise would be pursued if Level 3 seeks to provide cable services in the future. The
franchise being sought with the City of Renton would allow for the installation of
communication facilities, specifically fiber optic cable and related appurtenances, under,
along, over, below and through, and across public rights-of-way within the City. The use
of the City rights-of-way for this private telecommunications system requires a franchise
agreement with the City and is subject to appropriate fees for the reduced value of the
affected rights -of way.
The franchise agreement permits Level 3 to construct, install, and operate
communications equipment, specifically fiber optic cable and related appurtenances
within and through public rights -of way, public ways, and other ways within the City of
Renton.
AGENDA ITEM #6, b)
Randy Corman, Council President
Members of Renton City Council
Page 2 of 3
February 24, 2016
The length of term agreed to by the City and Level 3 for the proposed franchise
agreement would be effective for a period of ten (10) years. A possible 5 -year renewal
is allowed for, via the franchise, at the City's discretion.
The agreement is formatted to group similar items together Sections 1-8 cover the basic
franchise approval. Sections 9-14 cover general work activities. Sections 15-24 cover
basic legal concerns. Sections 25-27 provide for final franchise adoption.
OUTLINE FOR LEVEL 3, LLC FRANCHISE AGREEMENT
1. Definitions: Provides definitions of key terms used in the agreement.
2. Purpose: Explains purpose of the cooperative agreement.
3. Privileges Conveyed: Grants basic franchise rights to Level 3 for a limited, non-
exclusive franchise.
4. Term: Defines length of agreement, and option to extend.
5. Recovery of Costs: Allows City to charge an administrative fee to recover costs.
6. Assignment and Transfer of Franchise: Requires Council approval for transfer.
7. Compliance with Laws — Reservation of Powers and Authority: Explains legal
obligations for Level 3.
8. Non-exclusive Franchise: Allows Renton to grant other or further franchises.
9. Permits, Construction and Restoration: Outlines permitting, bonds, restoration
and other construction requirements.
10. Coordination and Shared Excavations: Requires reasonable efforts to coordinate
work within the franchise area.
11. Hazardous Materials: Regulates use of hazardous substances.
12. Emergency Work — Permit Waiver: Requires prompt response in an emergency
and defers permits to correct dangerous conditions.
13. Records of Installation: Requires as -built drawings and provision of plans for
potential improvements upon City request.
14. Undergrounding of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
15. Relocation of Franchisee Facilities: Level 3 is required to relocate its facilities at
its cost when there are identified conflicts with new City streets or utilities.
16. Abandonment and Discontinuance of Franchisee's Facilities: Requires notice to
the City when use ceases or facilities are abandoned.
17. Termination, Violations and Remedies: Describes termination of franchise,
discontinuation of operations, obligation of Franchisee, and remedies to parties.
18. Dispute Resolution: Provides process for alleged default as to performance
19. Arbitration: Establishes process for arbitration, discovery, compensatory
damages, and assignment of costs.
20. Alternative Remedies: Allows for judicial relief.
AGENDA ITEM #6, b)
Randy Corman, Council President
Members of Renton City Council
Page 3 of 3
February 24, 2016
21. Amendments to Franchise: Specifies process for written amendment to
franchise.
22. Indemnification: Franchisee shall indemnify, defend, and hold harmless Renton
for the duration of the Franchise.
23. Insurance: Requires the Franchisee to procure and maintain insurance for the
duration of the Franchise.
24. Discrimination Prohibited: Provides standard language now included on all
franchise agreements.
25. Notice: Outlines noticing procedures and contact information.
26. Miscellaneous: Minor clarifications, including stating the franchise requirements
apply to Level 3, its successors and contractors.
27. Effective Date: Franchise becomes effective five days after legal publication.
Level 3 Communications, LLC must file its written acceptance of this franchise with the
City Clerk within 60 days after approval by the mayor in order to claim any right or
benefit under this franchise agreement.
cc: Mark Peterson, Fire Chief & Fire and Emergency Services Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Lys Hornsby, Utility Systems Director
Brianne Bannwarth, Development Engineering Manager
Pat Miller, Construction Inspector Supervisor
Holly Powers, Development Services Representative
AGENDA ITEM #6, b)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
LEVEL 3 COMMUNICATIONS, LLC, AUTHORIZED TO DO BUSINESS WITHIN THE
STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS
FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED APPURTENANCES,
UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE STREETS,
AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC RIGHT-OF-
WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular,
words in lower case shall have their defined meaning even if the words are not capitalized, and
words in the singular include the plural. Undefined words shall be given their common and
ordinary meaning.
1.1 Administrator: Means the Administrator of Renton's Public Works Department
or designee, or any successor office responsible for management of Renton's public properties.
1.2 Construct or Construction: Means to remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair, and restore existing pipeline(s) and/or Facilities.
1
fees.
AGENDA ITEM #6, b)
ORDINANCE NO.
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys'
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all fiber optic
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over, through, or
underground. Facilities do not include new utility and/or antenna poles for overhead lines,
wires, cables and/or antenna, or any noise -creating equipment.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights -of -Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city -owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
2
AGENDA ITEM #6, b)
ORDINANCE NO.
1.8 Franchisee: Means Level 3 Communications, LLC, authorized to do business
within the State of Washington, and its respective successors and assigns, and when
appropriate agents, contractors (of any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated
under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the
Comprehensive Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water
Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the
Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide,
Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act,
RCW Chapter 70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as
they exist or may be amended; or any other Laws. The term "Hazardous Substance" shall also
be interpreted to include any substance which, after release into the environment, will or may
reasonably be anticipated to cause death, disease, injury, illness, abnormalities, behavioral
abnormalities, stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80 (Utilities
General — Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service —
3
AGENDA ITEM #6, b)
ORDINANCE NO.
Use of Right -of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW
Chapter 80.36 (Telecommunications), WAC Chapter 480-120, et. seq., (Telephone Companies),
RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and
any related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and Level 3 Communications, LLC.
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton's present and/or future control and/or jurisdictional boundaries
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights -of -Way for motor
vehicles or any other uses under Renton's control and/or in its jurisdictional boundaries,
consistent with RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements
— Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.14 Rights -of -Way: Means the surface and space across, above, along, below, in,
over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk,
thoroughfare, court, easement and similar Public Property, Public Ways, and area within the
Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480-80-030 (Definitions), or such
similar definition describing rate schedules, rules and regulations relating to charges and service
as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
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companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480-80. (WAC 480-120-026 (Tariffs)).
1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee's request.
SECTION II: Purpose
2.1 Authority: Under RCW 35A.47.040, Renton's City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating
to Franchisee's use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public's best interests after this ordinance becomes effective. This
Franchise is granted subject to Renton's land use authority, public highway authority, police
powers, franchise authority, and any other case law, statutory or inherent authority, and is
conditioned upon the terms and conditions provided in this Franchise, and Franchisee's
compliance with all Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This
Franchise is granted upon the express condition that Renton retains the absolute authority to
grant other or further franchises in any Rights -of -Way and any Franchise Area. This and other
franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or
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affect its jurisdiction over them or any part of them, and Renton retains absolute authority to
make all changes, relocations, repairs, maintenance, establishments, improvements,
dedications or vacations of same as Renton may see fit, including the dedication, establishment,
maintenance and improvement of all new or existing Rights -of -Way, Public Property or Public
Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c),
RMC Chapter 5-19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right -of way), and 80.36.040 (Use of
road, street, and railroad right -of way – When consent of city necessary), and any related laws,
Renton grants to Franchisee, a Delaware limited liability company, authorized to do business in
the State of Washington, and its successors and assigns (subject to and as provided for in
Section 6, Assignment and Transfer of Franchise), under this Franchise's terms and conditions,
the privilege to install, construct, operate, maintain and improve its Facilities, together with all
necessary equipment and appurtenances, for the provision of telecommunications, private line,
and internet access services, within the existing Franchise Area, such lands being more
particularly described in Attachment 1 which is attached and fully incorporated by reference
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into the Franchise. Without a separate franchise agreement, Franchisee shall not have the
privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the
Franchise Area. This privilege shall not limit Renton's police powers, any statutory or inherent
authority, jurisdiction over its property, Franchise Area, Rights -of -Way, or its zoning or land use
authority. The terms and conditions of this Franchise shall not be construed to apply to
Facilities located outside of the Franchise Area. This Franchise does not confer upon Franchisee
any privilege to install or use any Facilities outside the Franchise Area, including city -owned or
leased properties or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, private line, and internet
access services. The Franchisee may use its Facilities' excess capacity, however, Franchisee
may not use, convey, lease or share its excess space within the Franchise Area except for sales,
leases or other transactions which Franchisee may engage in in the normal course of its
business.
3.4 Franchise is Non -Exclusive: As detailed in Section 8, below, Renton grants this
non-exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
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provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
believes that the same are consistent with all Laws. If in the future Franchisee becomes aware
that a provision of this Franchise may be unlawful or invalid, it will not use such potential
invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise
Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30) days
and endeavor jointly to amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this
Franchise) may be maintained, repaired and operated by Franchisee at the location where such
Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided,
however, that no such Facilities may be enlarged, improved or expanded without Renton's prior
review, written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV: Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee's acceptance of the terms and conditions of this Franchise and the City
Council's passage of this ordinance, and shall remain in effect for ten (10) years, unless it is
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terminated pursuant to Section XIII, Termination, Violations, and Remedies. At any time not
more than two (2) years nor less than one -hundred and eighty (180) days before the expiration
of the Franchise Term, Franchisee may make a written request and Renton may consider, at its
sole discretion, renewing this Franchise for an additional five (5) year renewal period, unless
either party expresses its intention in writing to terminate this Franchise at the conclusion of
the ten (10) year term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year-to-year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed statement pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City
Attorney Department, for review or inspection of activities undertaken through the authority
granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses incurred.
Renton employee time shall be calculated based on their rate of salary, including applicable
overtime, benefits and reasonable overhead, and all other costs will be bill based on an actual
cost basis.
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5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under Laws.
5.6. Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
Costs incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty-five (45)
days of Renton's submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee's proportionate share of all actual, identified expenses incurred by
Renton in planning, constructing, installing, repairing, altering, or maintaining any city facility
due to the presence in the Public Way of Franchisee's Facilities.
SECTION VI: Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
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Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton's rights to subsequently enforce Franchise related non-compliance
issues that existed at or before Renton's consent. Any telecommunications assignee or
transferee shall, at least thirty (30) days prior to the date of any assignment or transfer, file
written notice of the assignment or transfer with Renton, together with its written acceptance
of all of the Franchise terms and conditions. The Franchise terms and conditions shall be
binding upon the Parties' respective assigns and successors. Notwithstanding the foregoing,
Franchisee may pledge the Franchise for security purposes only with the City Council's consent,
and consent shall be required for Franchisee to transfer the Franchise or Facilities to a creditor.
The rights of any transferee are subject at all times to the terms and conditions of this
Franchise, and no transferee will have any greater rights under this Franchise than the rights of
Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent,
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all
of its terms and conditions.
SECTION VII: Compliance with Laws - Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
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7.2. Incorporation of RMC 5-19. Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
7.3. Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given
issue is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry
by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee's actions related to a specific Franchise
issue.
SECTION VIII: Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee's
use and placement of its Facilities in any Rights -of -Way and/or any Franchise Area.
8.2 Renton's Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton's use of the Franchise Area, consistent with this Franchise; or Renton's
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jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee's Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the "Plans." The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as -built
plans and, when available, digital facility location data in a format compatible with Renton's
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton
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of any time or date that Franchisee is performing Work within the Franchise Area to allow
Renton to inspect such work.
9.3 Boring Required: Work involving undergrounding of Franchisee's facilities within
city streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCN all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.4 Facility Placement: The Parties intend that the specific location of Facilities
within the Franchise Area (and similar facility -related matters of a specific nature requiring
detailed case-by-case analysis) is to be determined in accordance with applicable Laws
(including, without limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton's sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee's sole expense, to take such actions as are reasonably necessary within the
Franchise Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to
take prompt action, or if an emergency situation requires immediate action, Renton may enter
the Franchise Area and take any action necessary to protect the public, any Public Way, Public
Property, and Rights -of -Way, and Franchisee shall be liable to Renton for all costs, fees, and
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expenses resulting from that necessary action. This provision shall survive the expiration,
revocation or termination of this Franchise for a period of five (5) years.
9.6 Limits on Construction: No park, public square, golf course, street Rights -of -Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton's issuance of any permits, Franchisee shall,
upon the Renton's request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by Renton as sufficient to ensure performance of Franchisee's obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty-five
thousand dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond
shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions
and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any
defective work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee's obligations under the Franchise, including, but not limited to,
Franchisee's payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee's performance of a project, Franchisee shall post any additional bonds required to
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guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton's bond requirements by
posting a single on-going performance bond in an amount approved by Renton.
9.8 Workmanship: All Work done by Franchisee or at Franchisee's direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee's Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton.
Franchisee's activities (including work done at Franchisee's direction or on its behalf) shall not
damage or interfere with other franchises, licenses, utilities, drains or other structures, or the
Franchise Area, and shall not unreasonably interfere with public travel, park uses, other
municipal uses, adjoining property, and shall not endanger the safety of or injure persons and
property. Franchisee's Work shall comply with all applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on-site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee's Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirement established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
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Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must
repair the damage. In the event Franchisee does not make the repair as required in this section,
Renton may repair the damage, to its satisfaction, at Franchisee's sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee's
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights -of -Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton's Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration
pursuant to applicable Laws, as they exist or may be amended or superseded, provided that
such provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
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by Franchisee, in accordance with WAC 332-120 (Survey Monuments — Removal or
Destruction), and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton's notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee's sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton's express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs
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caused by any construction delays to Renton or to any contractor working for Renton due to
Franchisee's failure to submit and adhere to Franchisee's plans and schedule in relocating or
installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
Renton's request, also attend construction meetings pertaining to performance of Work within
the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: (a) such joint use shall not unreasonably delay the work of the Party causing the
excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and
conditions satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the
Franchise Area utility facilities that are consistent with applicable Laws and prudent utility
practices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
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Franchisee shall first obtain Renton's approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton's approval on each occasion such product is applied
in accordance with such procedure. Franchisee shall notify Renton of any accident by
Franchisee involving Franchisee's use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant
release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee
to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall
notify Renton within twenty-four (24) hours of discovery. If the encountered or suspected
Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at
its own expense, determine if the material is hazardous, in accordance with applicable Laws. If
the material is found to be hazardous, Renton shall, at its own expense, if possible remove,
dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with
applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance(s) to replace the removed substance for Franchisee to use in its
operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected Hazardous Substances
within the Franchise Area are the result of Franchisee's acts or omissions, Renton's
characterization of the substances involved and any removal, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
be at Franchisee's sole expense. Franchisee shall be solely responsible for any expense or cost
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related to environmental mitigation requirements imposed, by operation of applicable Laws or
otherwise.
SECTION XII: Emergency Work - Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee's Facilities within
the Franchise Area immediately endanger the property, life, health or safety of any individual,
Franchisee shall, upon receipt of notification from Renton of the existence of such condition,
immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee's immediate
action for the protection of Facilities, Renton's property or any individual's property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Renton Fire & Emergency
Services Department through the dispatch system of the emergency; and (2) Franchisee informs
Renton's permitting authority of the nature, location, and extent of the emergency, and the
work to be performed, prior to commencing the work if such notification is practical, or where
such prior notification is not practical, Franchisee shall notify Renton's permitting authority on
the next business day; and (3) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee's ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
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recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee's Facilities.
SECTION XIII: Records of Installation
13.1 Future Construction Plans: Upon Renton's written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall such
plan be construed as a proposal to undertake any specific improvements within the Franchise
Area.
13.2 As -Built Drawings: Upon Renton's written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton's written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third -Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
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information to any third -party without the prior notice to Franchisee, unless the third -party is
an authorized governmental entity of any tier or a public records requestor. Renton will
provide Franchisee with notice of any public records request for Franchisee paperwork as soon
as reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities
Undergrounding Required for New Facilities: Consistent with RMC 4-6-090.0
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton's reasonable estimation for it to be done; provided that installation of wires, cables,
conduits and similar equipment will be permitted and installed pursuant to the provisions of
any applicable Laws, and subject to and accordance with any applicable Tariffs on file with the
WUTC. In areas where all existing telecommunications and cable facilities are located
aboveground, Franchisee may install its Facilities above ground. Any new Facilities to be located
aboveground shall be placed on existing utility poles. No new utility poles shall be installed in
connection with placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
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arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton's
utilities, improvements and infrastructure and capital improvement projects. Whenever Renton
undertakes (or causes to be undertaken) any public works improvement within the Franchise
Area, and such public works improvement necessitates the relocation of Franchisee's then
existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton's intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton's plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton's final plans and specifications for incorporation into Renton's
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee's relocation
costs. The relocation completion date will be included in Renton's written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused
by any construction delays to Renton's project due to Franchisee's failure to comply with
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Franchisee's reasonable plans and schedule in relocating or installing Franchisee's Facilities. In
the event relocation is required by reason of construction by a third party, non-governmental
entity, Franchisee's relocation costs shall be borne by the third party.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee's Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee's sole expense.
15.4 Third -Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee's Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third -Party to undertake work (other
than work undertaken at Renton's cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee's Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee's Facilities
15.5 Third -Party Construction of City Identified Prosect: Any condition or requirement
imposed by Renton upon any Third -Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Franchisee's Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
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determines and notifies Franchisee that the primary purpose of imposing such condition or
requirement upon such Third -Party is to cause or facilitate the construction of a Public Works
Project to be undertaken within a segment of the Franchise Area on Renton's behalf and
consistent with Renton's Capital Investment Plan; Transportation Improvement Program; or the
Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in
reconnecting such relocated Facilities with Franchisee's other Facilities shall be paid to
Franchisee by such Third -Party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee's Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton's receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of
Franchisee's Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in
subsection 15.1.
15.7 Non -Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
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15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all Third -Party actions, claims, damages, liabilities, or
suits for delays on Renton's construction projects arising from or caused by Franchisee's failure
to remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee's reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee's Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use.
Any plan for abandonment or removal of Franchisee's Facilities within the Franchise Area must
be first approved by the Administrator, and all necessary permits must be obtained prior to
such Work.
16.2 Removal: In the event of Franchisee's abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) days after the abandonment or permanent cessation of
use, remove the Facilities at Franchisee's sole expense. However, with Renton's express
written consent, Franchisee may, at Franchisee's sole cost and expense, secure the Facilities in
such a manner as to cause it to be as safe as is reasonably possible, by removing all lines,
conduits and appurtenances, in compliance with all Laws, and abandon them in place, provided
that any aboveground Facilities shall be removed at Franchisee's sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre -installation
or better condition. Such restoration work shall be done at Franchisee's sole cost and expense
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and to Renton's reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton
may, after reasonable notice to Franchisee, remove the Facilities, restore the premises or take
such other action as is reasonably necessary at Franchisee's sole expense and Renton shall not
be liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive
and shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton's consent to Franchisee's
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re -secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton's sole discretion, that removal, alteration or re -securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in
which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
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days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within sixty (60) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon
as possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
dispute resolution requirements shall not be applicable. Once Franchisee's privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities
17.5 Renton Retains Right for Action: A party's failure to exercise a particular remedy
at any time shall not waive that party's right to terminate, assess penalties, or assert any
equitable or legal remedy for any future breach or default by the other party.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
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and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
Party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other Party fail to perform them.
17.8 Renton's Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII — XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall
provide a written response to Renton acknowledging receipt of notice and stating Franchisee's
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response. Franchisee has thirty (30) days ("cure period") from the date of the notice's receipt
to:
a. Respond to Renton, contesting Renton's assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or:
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify
Renton in writing and in detail as to the actions that Franchisee will take and the
projected completion date. In such case, Renton may set a meeting in accordance with
subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall
take place not less than ten (10) days after Franchisee's receipt of notice of the meeting. Each
Party shall appoint a representative who shall attend the meeting, represent their party's
interests, and who shall exercise good faith to reach an agreement on any alleged default
and/or any corrective action to be taken. Any dispute (including any dispute concerning the
existence of or any corrective action to be taken to cure any alleged default) that is not
resolved within ten (10) days following the conclusion of the meeting shall be referred by the
Parties' representatives in writing to the Parties' senior management for resolution. If senior
management is unable to resolve the dispute within twenty (20) days of referral (or such other
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period as the Parties may agree upon), each Party may pursue resolution of the dispute through
Section XIX, Arbitration, of this Franchise. All negotiations pursuant to these procedures for the
resolution of disputes shall be confidential and shall be treated as compromise and settlement
negotiations for purposes of the state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise's provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
Facilities (excluding project delay claims exceeding $30,000) of this Franchise (the
"Arbitration Claims"), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non -Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable
Laws.
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18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
limited to, labor of any contractors and/or subcontractors); all pre -arbitration costs and
expenses of consultants, attorneys, accountants, professional and other services; and all taxes,
insurance, interest expenses, overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
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may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision.
The award rendered by the arbitrators shall be final, binding and non -appealable, and judgment
upon such award may be entered by any court of competent jurisdiction.
19.5 Each Party's Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party's case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or
records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator's decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this
Section XIX, then such party shall be entitled to recover all reasonably incurred Costs, including
attorneys' fees, for any subsequent arbitration brought by them in which they are found to be
the prevailing party.
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19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post -hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee
to seek or obtain judicial relief from a violation of any Franchise provision or any rule,
regulation, requirement or directive promulgated for non -Arbitration Claims. Neither the
existence of other Franchise remedies nor the use of such remedies shall bar or limit the right
of Renton or Franchisee to recover monetary damages for violations by the other Party, or to
seek and obtain judicial enforcement of the other Party's obligations by means of specific
performance, injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any
Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented
or otherwise amended by any permit, approval, license, agreement or other document required
by or obtained from Renton in conjunction with Franchisee's exercise or failure to exercise any
and all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
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b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
other document, except as expressly required by Laws and/or superseded by such
permit, approval, license, agreement or other document, the Franchise provisions shall
control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, "Renton" means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third -Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or
property, including reasonable attorneys' and experts' fees and/or costs incurred by Renton in
its defense, arising out of or related to, directly, to Franchisee's Work or abandonment of
Facilities, or from the existence of Franchisee's Facilities, and the products contained in,
transferred through, any signals or emissions from the Facilities, released or escaped from the
Facilities, including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under
any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost,
damage, death, expense, harm, injury, liability, or loss, to persons or property which is caused
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by, in whole or in part, and only to the extent of, the willfully tortious or negligent acts or
omissions of Franchisee or its agents, contractors (of any tier), employees, representatives or
trainees related to Franchisee's granted Franchise privileges. If any action or proceeding is
brought against Renton by reason of Franchisee's Facilities, Franchisee shall defend Renton at
Franchisee's sole expense, provided that, for uninsured actions or proceedings, defense
attorneys shall be approved by Renton, which approval shall not be unreasonably withheld. The
terms of this section shall not require Franchisee to indemnify Renton against and hold
harmless Renton from claims, demands or suits based upon Renton's negligent or willful
conduct, and provided further that if the claims or suits are caused by or result from the
concurrent negligence of (a) the Franchisee's agents, officers, or employees and (b) Renton, this
provision with respect to claims or suits based upon such concurrent negligence shall be valid
and enforceable only to the extent of Franchisee's negligence or the negligence of Franchisee's
agents or employees except as limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third -Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property,
including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by
Renton, arising directly from: (a) Franchisee's breach of any environmental Laws or Laws
applicable to the Facilities, or (b) from any release of a hazardous substance on or from the
Facilities, or (c) any other activity which gives rise to environmental claims related to this
Franchise by Franchisee. This indemnity includes, but is not limited to, (a) liability for a
governmental agency's costs of removal or remedial action for Hazardous Substances; (b)
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damages to natural resources caused by Hazardous Substances, including the reasonable costs
of assessing such damages; (c) liability for any other person's costs of responding to Hazardous
Substances; (d) liability for any investigation, abatement, correction, cleanup, costs, fines,
penalties, or other damages arising under any Laws; and (e) liability for personal injury,
property damage, or economic loss arising under any statutory or common-law theory or Laws.
22.4 Title 51 Waiver: Franchisee's indemnification obligations pursuant to this Section
shall include assuming potential liability for actions brought by Franchisee's own employees
and the employees of Franchisee's agents, representatives, contractors (of any tier) even
though Franchisee might be immune under RCW Title 51 from direct suit brought by such
employees. It is expressly agreed and understood that this assumption of potential liability for
actions brought by the aforementioned persons is limited solely to claims against Renton
arising by virtue of Franchisee's exercise of the privileges set forth in this agreement. The
obligations of Franchisee under this Section have been mutually negotiated by the Parties, and
Franchisee acknowledges that Renton would not enter into this agreement without
Franchisee's waiver of immunity. To the extent required to provide this indemnification and this
indemnification only, Franchisee waives its immunity under Title 51 RCW as provided in RCW
4.24.115 (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc.,...).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability
for negligence relative to construction, alteration, improvement, etc.,...), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
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damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
officials, officers, officials, employees, and volunteers, and or the contractor, the party's liability
shall be only to the extent of the party's negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee's responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or
defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee's responsibility to indemnify, defend and hold harmless Renton. Franchisee's
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a "suit or
action" as referenced in subsection 22.2 and Renton is determined to be without fault for the
claim or demand giving rise to such "suit or action," Franchisee shall reimburse Renton for a
percentage of Renton's total defense costs. The percentage of Renton's total defense costs to
39
AGENDA ITEM #6. b)
ORDINANCE NO.
be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to
Franchisee for the claim or demand giving rise to such "suit or action."
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in
subsection 25.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of
the Franchise, insurance, or provide evidence of self-insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self-insurance, together with an endorsement on the general
and automotive liability policies, naming Renton as an additional insured upon Franchisee's
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, operations, explosions and collapse hazard, underground
hazard (XCD) and products completed hazard, with limits not less than one million
dollars ($1,000,000) for each occurrence and with limits not less than two million dollars
($2,000,000) in the aggregate for bodily injury or death to each person, property
40
AGENDA ITEM #6. b)
ORDINANCE NO.
damage, or any other type of loss. Required limits may be achieved through a
combination of primary and umbrella/excess liability policies.
b. Automobile liability for owned, non -owned and hired vehicles with a minimum
combined single limit of one million dollars ($1,000,000). Required limits may be
achieved through a combination of primary and umbrella/excess liability policies
c. Workers' Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution legal liability shall be in effect throughout the entire Franchise term,
with a limit not less than one million dollars ($1,000,000) for each occurrence, and not
less than two million dollars ($2,000,000) in the aggregate, and not less than fifty
thousand dollars ($50,000) for environmental crisis management, to the extent such
coverage is reasonably available in the marketplace for any pollution condition or
occurrence after the effective date of this Franchise.
23.2 Claims Made Basis: If coverage is purchased on a "claims made" basis, then
Franchisee warrants continuation of coverage, either through policy renewals or the purchase
of an extended discovery period, if such extended coverage is available, for not less than three
(3) years from the date of termination of this Franchise and/or conversion from a "claims
made" form to an "occurrence" coverage form.
23.3 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that commercial
general liability coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the aggregate limits of the insurer's liability.
41
AGENDA ITEM #6, b)
ORDINANCE NO.
23.4 Named Insured: Renton, its officers, officials, employees, agents and volunteers
shall be named as an additional insured on the insurance policy, as respects to work performed
by or on behalf of Franchisee and the endorsement naming Renton as additional insured shall
be indicated on the certificate of insurance or certification of self-insurance.
23.5 Primary Insurance: Franchisee's insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee's
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior
written notice of suspension, cancellation, or material change in coverage, ten (10) days for
cancellation due to nonpayment of premium.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall provide that: "The above described policies will not be
canceled before the expiration date, without the issuing company giving thirty (30) days prior
written notice to the certificate holder." In the event of cancellation or a decision not to renew,
Franchisee shall obtain and furnish to Renton evidence of replacement insurance policies
meeting the requirements of this section before the cancellation date.
23.7 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self-insurance required by this section upon
acceptance of this Franchise. The certificates and endorsements shall be signed by a person
authorized by the insurer to bind coverage on its behalf and must be received and approved by
Renton prior to the commencement of any Work.
42
AGENDA ITEM #6. b)
ORDINANCE NO.
23.8 Separate Coverage: Franchisee's insurance shall contain a clause stating
commercial general liability coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respects to the limits of the insurer's liability.
23.9 Self -Insurance: In addition to the foregoing insurance/self-insurance
requirements, Franchisee may also insure or self -insure against additional risks in such amounts
as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton
with sufficient evidence that such self-insurance is being so maintained.
23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee's
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this agreement.
Franchisee shall comply fully with all applicable Laws that prohibit such discrimination. A copy
of this language must be made a part of any contractor or subcontractor agreement.
43
ORDINANCE NO.
SECTION XXV: Notice
AGENDA ITEM #6, b)
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or
permitted to be given to the Parties under this Franchise may be sent to following Addresses
unless otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98055
Phone: (425) 430-7311
Company Address:
Level 3 Communications, LLC
1025 Eldorado Blvd
Broomfield, CO 80021
Attn: NIS Department
With a copy to Attn: Legal Department
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e-mail or certified -mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
SECTION XXVI: Miscellaneous
44
AGENDA ITEM #6, b)
ORDINANCE NO.
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an "as is" condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee's
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights -of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties' respective successors and assignees.
26.3 Attorneys' Fees: If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs,
expenses and attorneys' fees upon appeal of any judgment or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier): Franchisee's contractors may act on Franchisee's behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee's contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
45
AGENDA ITEM #6, b)
ORDINANCE NO.
the Facilities by lawful condemnation. In determining the Facilities' value, no value shall be
attributed to the right to occupy the Franchise Area.
26.7 Force Maieure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee's performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occurrence
Franchisee shall promptly perform the affected obligations in an orderly and expedited manner
under this Franchise or procure a substitute for such obligation or performance that is
satisfactory to Renton. Franchisee shall not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee's
reasonable control include, but are not limited to, Acts of God, war, acts of domestic terrorism
or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions and extreme weather
conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize
any delay caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions,
at the election of the Renton City Council, this Franchise may be revoked or annulled after a
hearing held upon reasonable notice to Franchisee (which notice shall be given at least thirty
(30) days before the hearing), and upon such revocation, all privileges conferred under this
Franchise shall be forfeited.
46
AGENDA ITEM #6. b)
ORDINANCE NO.
26.9 Franchisee's Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington, in Seattle, Washington, or in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent,
Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee
Franchisee's Work. This Franchise is not intended to acknowledge, create, imply or expand any
duty or liability of Renton with respect to any function in the exercise of its police power or for
any other purpose. Any duty that may be deemed to be created in Renton by this Franchise
shall be deemed a duty to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
47
AGENDA ITEM #6. b)
ORDINANCE NO.
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariffs) affecting the provision of this Franchise.
26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisees
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
26.15 Renton's Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including
the right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during
regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records
Act).
26.17 Section Headings: The Section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.18 Severability: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties
shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
48
AGENDA ITEM #6. b)
ORDINANCE NO.
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to the
extent such an inference is necessary to prevent substantial injustice to an injured party.
26.20 Third -Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third -Party, nor have the Parties created any Third -Party right to enforce
this Franchise beyond what is provided for by Laws. "Third -Parties" are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third -Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect from and after its passage, approval, and
five (5) calendar days after its legal publication as provided by law, and provided it has been
duly accepted by Franchisee.
49
AGENDA ITEM #6. b)
ORDINANCE NO.
PASSED BY THE CITY COUNCIL this day of , 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2016.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1913:2/24/16:scr
50
Denis Law, Mayor
AGENDA ITEM #6, b)
ORDINANCE NO.
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above -granted franchise, subject
to all the terms, conditions, and obligations of this Franchise.
DATED: .2016.
51
LEVEL 3 COMMUNICATIONS, LLC
Name of Authorized Agent for Franchisee
Title of Authorized Agent for Franchisee
ORDINANCE NO.
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AGENDA ITEM #6.
1616
WM000000"Renton 0
City Council Regular Meeting - 07 Mar 2016
SUBJECT/TITLE: Proposed Annexation - Bradley 10% Notice of Intention to Commence
Annexation Proceedings
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT:
Expenditure Required: $ N/A
Amount Budgeted: $ N/A
Transfer Amendment: $ N/A
Revenue Generated: $ N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF •
The petitioner submitted this petition to the City Clerk on January 25, 2016. The proposed 17.7 -acre abuts the
City at the eastern portion of the current City limits. State law requires a public meeting with the proponents
within 60 -days of their submittal to consider their request.
A. Issue Paper
B. Fiscal Impact Analysis
C. Map
D. 10% Petition
Set March 21, 2016 for a public meeting to consider the 10% Notice of Intention to Commence Annexation
Proceedings petition for the proposed Bradley Annexation.
AGENDA ITEM #6, c)
DEPARTMENT OF COMMUNITY p Ityof
AND ECONOMIC DEVELOPMENT all
M E M O R A N D U M
DATE: February 29, 2016
TO: Randy Corman, Council President
City Councilmembers
VIA: Denis Law, Mayor
FROM: Chip Vincent, Administrator
Department of Community & Economic Development
STAFF CONTACT: Angie Mathias, x6576
SUBJECT: Proposed Bradley Annexation —10% Notice of Intent Petition
ISSUE:
The City is in receipt of a 10% Notice of Intent petition to annex an 17.7 -acre area using
the direct petition method; the proposed annexation is called Bradley. State law
requires that the Council hold a public meeting with the annexation proponents within
60 days of receipt of a 10% Notice of Intent petition. The purpose of the meeting is for
Council to decide whether to accept or reject the proposal and whether to require the
simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the
proposed annexation is successful.
RECOMMENDATION:
On the basis of the following analysis, the Administration recommends that Council
accept the 10% Notice of Intent petition. If Council concurs, the Administration
recommends that it take the following actions (pursuant to RCW 35A.14.120):
• Accept the 10% Notice of Intent to Commence Annexation petition; and
• Authorize the circulation of a 60% Direct Petition of Annex for the 17.7 -acre
area; and
• Require that property owners within the proposed annexation area accept City
of Renton zoning that is consistent with the City's Comprehensive Plan land use
designation.
BACKGROUND:
1. Location: The proposed 17.7 -acre Bradley Annexation is bordered by the existing
City limits at its north. The area is located in the East Renton Plateau Community
Planning area. It is bordered to the south parcel lines located near Southeast
146th Place (if extended), by parcel lines near 1571h Place Southeast to the east,
AGENDA ITEM #6. c)
Proposed Bradley Annexation 10% Notice of Intent
Page 2 of 5
parcel lines in proximity to Southeast 142rd Place to the north, and by 154th Place
Southeast to the west.
2. Assessed value: The 2015 assessed valuation of the subject annexation site is
$9,322,600.
3. Natural features: The area that is a mixture of built single family residential and
vacant land. The area has some protected slopes (greater than 40%) that run
along the areas western boundary at 154 Place Southeast. Several parcels are
encumbered with these slopes. Other portions of the area are generally
topographically level. There are no streams or wetlands that are currently
mapped in the area.
4. Existing land uses: There are 33 single-family residences and vacant land.
5. Existing zoning: Existing King County zoning is R-4. This area was prezoned by the
City of Renton as part of the East Renton Plateau pre -zoning. City of Renton
Ordinance #5254 prezoned the area with R-4 zoning; this zoning will become
effective upon annexation.
6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject
annexation site as Residential Low Density (RLD).
7. School District: The Bradley Annexation area is in the Renton School District.
8. Public services: All responding City of Renton departments and divisions noted
that the annexation represents a logical extension of their respective services
and systems and presents no foreseeable problems. Specific comments follow:
Water Utility. The subject site is located within Water District No. 90's water
service area by agreement under the coordinated water system plan. A
certificate of water availability from District 90 will be required prior to the
issuance of development permits within the subject area, following
annexation to the City. It is expected that developer extensions of District
No. 90's water mains will be required to provide service for fire protection
and domestic use within the annexation area. The proposed area will not
generate need for additional City employees because it is within Water
District No. 90.
Wastewater Utility. The area is within the Wastewater Divisions service area
and has interceptors installed in 156th Avenue Southeast and Southeast 144th
Street. Staff noted that the infrastructure is already in place to provide
service to the area.
Parks. The Community Services department indicated that the annexation
represents a logical extension of the services provided by their department.
Staff noted that the area is currently underserved with Renton parks and
AGENDA ITEM #6. c)
Proposed Bradley Annexation 10% Notice of Intent
Page 3 of 5
trails. It was also noted that area residents would expect to be served by
adjacent King County parkland that is not fully developed nor planned for
development. The City would need to enter into a Cooperative Agreement
with King County in order to develop the park.
Police. The Police Department did not indicate any concerns regarding this
proposed annexation. It is estimated that the area will generate an additional
31 calls for service annually.
Fire. Renton Fire and Emergency Services currently provide fire and
emergency services to the area under a contract with District #25. The tax
revenue District #25 collects for the properties would no longer be paid to
the City by the District. The Fire Department suggested that the boundary be
expanded to include the four parcels that are immediately south of
Southeast 142nd Place. Staff did not indicate any concerns regarding this
proposed annexation.
Surface Water. The area is located in the Cedar River drainage basin which
has been noted to have erosion, water quality, slope stabilization, and
habitat problems due to urbanization. Any future development will be
required to comply with the City's Surface Water Design Manual and the
Flow Control Duration Matching Forested Site Conditions will be be applied.
Staff noted that stormwater infrastructure is in place in Southeast 144th
Street and 156th Avenue Southeast, however other streets drain via sheet
flow or shallow ditch, with much of the ditch line piped or filled. Some of
these may need cleaning. Staff would like King County to perform
maintenance to infrastructure. The annexation represents a logical extension
of their services.
Transportation Systems. The Transportation Systems staff has no concerns
regarding the proposed annexation. Staff indicated that additional
Transportation Systems staff would not be required and that the annexation
represents a logical extension of services. Staff indicated that if 156th Avenue
Southeast were to be improved in the future to meet current City standards,
dedication of right-of-way may be required. Southeast 143rd, Southeast 144th
Place, and 1561h Southeast south of Southeast 144th have adequate existing
right-of-way widths to construct street sections to meet current City
standards. Staff does not believe that the roadway widths and thicknesses
meet current Renton standards and there are no curbs, gutters, or sidewalks
in the area. There are two light poles and, in conjunction with King County,
the City has plans to install a traffic signal at the intersection of 156th Avenue
Southeast and Southeast 142nd Place. Energy costs associated with existing
and new street lighting, existing and new traffic control signage, and
AGENDA ITEM #6, c)
Proposed Bradley Annexation 10% Notice of Intent
Page 4 of S
pavement markings may be incurred by the City. Staff indicated that the City
would assume ownership and responsibility of all existing streets in the area.
Building. The Building section did not indicate any concerns regarding the
proposed annexation.
Planning. The Planning section did not indicate any concerns regarding the
proposed annexation.
ANALYSIS OF THE PROPOSED ANNEXATION:
Consistency with the Comprehensive Plan:
Renton's Comprehensive Plan annexation policies support this proposed
annexation. The subject site is within the City's Potential Annexation Area and is
subject to development pressure that might benefit from City development
regulations. Policy L-8 states that the City should "support annexation where
infrastructure and services allow for urban densities and it would consolidate
service providers and/or facilitate the efficient delivery of services."
2. Consistency with the Boundary Review Board Objectives:
(from RCW 36.93.180)
a. Preservation of natural neighborhoods and communities,
The proposed annexation would cause no disruption to the larger
community.
b. Use of physical boundaries, including but not limited to bodies of water,
highways, and land contours,
The subject site is bounded on its northern portion by existing City limits
and uses streets or parcel lines for the other boundaries.
Creation and preservation of logical service areas,
Water and sewer service boundaries will not change as a result of this
annexation. The Bradley Annexation Area is in the Renton School District.
The school district boundaries will not change, the area will remain in the
Renton School District. Renton will take over police service for the 17.7 -
acres upon annexation; the King County Sheriff's Department currently
provides police protection to the area. Renton Fire and Emergency
Services currently provide service under contract to Fire District #25
which serves the area. Pursuant to state law, there will be no change in
the garbage service provider for at least seven years.
d. Prevention of abnormally irregular boundaries,
This annexation does not have irregular boundaries.
AGENDA ITEM #6. c)
Proposed Bradley Annexation 10% Notice of Intent
Page 5 of 5
e. Discouragement of multiple incorporations of small cities and
encouragement of incorporations of cities in excess of ten thousand
population in heavily populated urban areas;
Not applicable. No incorporations are proposed in this area.
f. Dissolution of inactive special purpose districts,
Not applicable. There are no inactive special purpose districts here.
g. Adjustment of impractical boundaries;
Not applicable.
h. Incorporation as cities or towns or annexation to cities or towns of
unincorporated areas which are urban in character,
King County has designated this area for urban development because of
its location within the Urban Growth Boundary. The County has also
indicated that it wants to divest itself from providing urban services to
these unincorporated urban areas by turning them over to cities as
quickly as possible. Because the subject annexation site is within Renton's
PAA and not in an area under consideration for incorporation, annexation
is appropriate at this time.
Protection of agricultural and rural lands which are designated for long
term productive agricultural and resource use by a comprehensive plan
adopted by the county legislative authority.
Not applicable. No portions of the proposed annexation are rural or
designated for long term productive agricultural use in the King County or
Renton Comprehensive Plans.
3. A fiscal analysis for the proposed annexation is attached. The fiscal impact
analysis that is used for annexations considers costs on a per capita basis. The
fiscal analysis indicates that the proposed annexation would have an initial net
negative fiscal impact of $542 to the operating budget per year. Over a 10 -year
period and with additional construction of single family homes on the existing
vacant lots, it is estimated that the fiscal impact would be negative $26 per year
for the operating budget. For the capital and enterprise funds the annexation
represents a balance of positive $8,033 currently and in ten years will be
$12,556.
CONCLUSION:
The proposed Bradley Annexation is consistent with relevant County and City
annexation policies, as well as Boundary Review Board objectives for annexation. The
staff that reviewed the proposed annexation for each department did not identify any
major impediments to the provision of City services to the area or indicate that they feel
the annexation is untimely.
ANNEXATION FISCAL ANALYSIS
Housing Units Population
Current 33 92
Year 10 51 143
Assumption: 2.8 Persons per single family household
tuna rcevenues
Assumption: $3,973,000.00 Base year taxable value of area
State Shared Revenues
Existing
Year 10 2011 Rate
Regular levy 1
$11,251.81
$19,018.28 2.83207
Assumption: $3,973,000.00 Base year taxable value of area
State Shared Revenues
Miscellaneous Revenues
Per Capita
Existing
Year 30
Liquor tax
$4.61
$425.96
$658.31
Liquor Board profits
$7.44
$687.46
$1,062.43
Fuel Tax
$12.73
$1,176.25
$1,817.84
Art St Fuel Tax
$6.79
$627.40
$969.61
Criminal justice
$2.19
$202.36
$312.73
Franchise Fees
Total 1 $33.76
$3,119.42
$4,820.93
Miscellaneous Revenues
Assumptions: 20% Portion of per capita revenue anticipated from permits and plan review
5.0% Annual population/housing unit growth rate based on capacity for new housing in area
2.5% Annual inflation
Existing
Year 10
Page 1 of 3a
Per Capita
Existing
Year 10
Sales Tax, CJ
$19.84
$1,833.22
$3,538.22
Utility tax
$76.39
$7,058.80
$13,623.92
Fines & forfeits
$13.96
$1,289.90
$1,993.49
Permit
$15.35
$283.73
$438.49
Plan Review
$9.24
$170.80
$263.97
Franchise Fees
$13.86
$1,280.66
$2,471.76
Business Licences
n/a
n/a
n/a
Total $148.65
$11,917.12
$22,329.85
Assumptions: 20% Portion of per capita revenue anticipated from permits and plan review
5.0% Annual population/housing unit growth rate based on capacity for new housing in area
2.5% Annual inflation
Existing
Year 10
Page 1 of 3a
Operating Fund Costs
ANNEXATION FISCAL ANALYSIS
Per Capita
Driver
Per Capita
Existing
Year 10
Executive
Communications (Print Shop)
Population
$1.57
$145.07
$300.28
Hearing Examiner
New Development
$1.67
$153.90
$318.56
City Attorney
Population
$17.77
$1,641.95
$3,398.74
Court Services
Population
$15.34
$1,417.42
$2,933.98
Community and Econ Dev
Econ Dev
Commercial SgFt
No commercial Sq Ft in area
Planning
Population
$8.03
$148.39
$307.17
Dev. Services
Population
$23.21
$428.92
$887.84
Community Services
Human Services
Population
$5.69
$525.76
$1,088.29
Special Events/Neigh.
Population
$2.41
$222.68
$460.94
Parks Planning, Nat Res.
Population
$1.92
$177.41
1 $367.23
Total
Per Acre/Mile/Call for Service
$77.61
$4,861.49
1 $10,063.03
Driver
Per Acre/
Mile/Call
Existing
Year 10
Community Services
Parks
Park Acreage
$2,497.03
$0.00
$0.00
PBPW
Street Maint
Feet of Roadway
$2.23
$4,237.00
$5,674.94
Transportation Systems
Feet of Roadway
$0.30
$562.09
$1,068.64
Police
Patrol, Ops., Investig., and Jail
Calls for Service
$268.10
$6,387.82
$13,222.44
Valley Comm
Calls for Service
$26.50
$822.03
$1,701.56
Fire
Emergency Responsel
Change in Contract
$7,879.52
$10,157.63
Tota! n/a $19,888.46 $31,825.21
Per FTE
Driver Existing Year 10
Community Services
Facilities FTE's $1,070.18 $2,215.21
Finance & IS
IS FTE's $589.70 $1,220.65
HR
Admin FTE's $141.20 $292.28
Risk Reduction FTE's $279.79 $579.15
Total $2,080.87 $4,307.30
Assumptions: Fire service provided under contract with FD#25
3.3% Annual increase in costs
0 Acres of parks in area
20% Portion of per capita costs anticipated from permits and plan review
1,900 Existing linear feet of roadway
1,900 Year 10 linear feet of roadway
Total Costs
Existing $26,830.82
Year 10 $46,195.53
Net Operating Fiscal Impact
Existing -$542.46
Year 10 -$26.48
Page 2 of 30
ANNEXATION FISCAL ANALYSIS
Capital and Enterprise Funds
Real Estate Excise Tax
Per Capita Existing Year 10
Revenue $24.64 $455.35 $878.85
Public Works - Surface Water
Public Works - Water
Per Housing Unit I Existing I Year 10
-rater Maint. and Utility Served by Water District #90
Assumptions: 20%
Per Housing Unit
Existing
Year 30
Rate Revenue
$124.44
$4,106.52
$5,128.48
Maintenance and Utility Costs
-$25.30
-$835.06
-$1,042.88
Balance
Public Works - Waste Water
$99.14
$3,271.46
$4,085.60
Per Housing Unit
Existing
Year 10
Rate Revenue
$286.56
$9,456.48
$18,251.58
Wastewater Maint. and Utility Costs
-$156.06
-$5,150.02
-$10,660.28
Balance
$130.50
n/a
$7,591.31
Public Works - Water
Per Housing Unit I Existing I Year 10
-rater Maint. and Utility Served by Water District #90
Assumptions: 20%
Portion of Real Estate Excise Tax revenue anticipated from permits and plan review
3.3%
Annual increase in costs
33
Existing Housing Units
51
Year 10 Housing Units
5.0%
Annual population/housing unit growth rate based on capacity for new housing in area
2.5%
Annual inflation
Total Revenues
Existing $14,018.35
Year 10 $24,258.91
Total Costs
Existing -$5,985.08
Year 10 -$11,703.15
Capital & Enterprise Balance
Existing $8,033.26
Year 10 $12,555.76
Page 3 12.2
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enton Q t�:7City Limits
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NOTICE OF INTENTION TO COMMENCE
ANNEXATION PROCEEDINGS
UNDER RCW 35A.14.120
(Direct Petition Method)
(20% PETITION — BRADLEY ANNEXATION
1
TO: THE CITY COUNCIL OF
THE CITY OF RENTON
City Hall, c/o City Clerk
1055 South Grady Way
Renton, WA 98057
AGENNYP LM46. c)
JAN 2 5 2016
RECEIVED
CITY CLERK'S OFFICE
SUBMITTED BY: 4m ODd uG
.jT.elJFi✓�
ADDRESS:
PHONE: -t 4--m -Q f
The undersigned are property owners in the proposed annexation area who represent
not less than ten percent (10%) of the area's estimated assessed value who desire to
annex to the City of Renton.
We hereby advise the City Council of the City of Renton that it is our desire to commence
annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area
described below.
The territory proposed to be annexed is within King County, Washington, and is contiguous to
the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of
this petition.
The City Council is requested to set a date not later than sixty days after the filing of this
request for a public meeting with the undersigned.
1. At such meeting, the City Council will decide whether the City will accept, reject or
geographically modify the proposed annexation;
2. The City Council will decide whether to require simultaneous adoption of a
proposed zoning regulation; and
3. The City Council will decide whether to require the assumption of a proportional
share of existing city indebtedness by the area to be annexed.
This page is the first of a group of pages containing identical text material. It is intended by the
signers that such multiple pages of the Notice of Intention be presented and considered as one
Notice of Intention. It may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
Bradley Annexation Pet tion
c)
Bradley Annexation AGENDA ITEM #6.
WARNING: Every person who signs this petition with any other than his or her true name, or who
knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is
not the owner of record of property within the annexation area, or signs a petition when he or she is
otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a
misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record In the title to
the real estate.)
Date
Signed
Signature and
Printed Name of Owner of
Record of Property
Mailing Address
of Owner of Property
Tax Lot Legal No.
Description
(Lot, Block, vat, Assessor's No.
Property's
Assessed Value
in Annexation
or other)
Area
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Bradley Annexation AGENDA ITEM #6. c)
WARNING: Every person who signs this petition with any other than his or her true name, or who
knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is
not the owner of record of property within the annexation area, or signs a petition when he or she is
otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a
misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in Identical form as the name that appears on record in the title to
the real estate.)
Date
Sighed
Signature and
fMi ted'Name of Owner of
Record of.Property
Mailing Address
of Owner of Property
Tax Lot l 0 No.
Description
Rot, Bkkk, Plat,Aaw=orz No.
a)
Property's
Assessed Yslue
in Annexation
Area
156 L �C/`/3��Sf;
/39
2.
---------------------------
3.
----------------------------
7.
-----------------------------
10
---------------------------
250 500
Feet
1:3,000
C. E 'Chip' Vincent Adrian Abmmovich
Administrator GIS Analyst
CITY OF
n
-----'` entoQ
Community & Economic
Development
Date: 12/162015
Bradley Annexation
Vicinity Map
Proposed Annexation Boundary
L"?City Limits
0 Parcels
C)
AGENDA ITEM #6. c)
BRADLEY ANNEXATION
Legal Description
Beginning at a point on the limits of the City of Renton as annexed under City of Renton Ordinance No.
5398, said point being at the Intersection of the northwesterly right of way margin of SE 142"d PI and the
westerly right of way margin of 156h Ave SE, in the Southwest quarter of Section 14, Township 23
North, Range 5 East, W.M., in King County, Washington;
Thence southerly along said westerly margin and said limits, crossing said SE 142"d PI, to the intersection
with the westerly extension of the North line of Lot 10 of Carolwood as recorded in Volume 111 of Plats,
pages 99 & 100, records of King County;
Thence easterly along said extension and North line and said limit line, crossing 156th Ave SE, to the
Northeast corner of said Lot 10, in the Southeast quarter of said Section 14;
Thence southerly, leaving said limit line, along the East line of said Lot 10 to the Southeast corner
thereof, said corner also being on the northerly right of way margin of SE 143d St;
Thence easterly along said margin to the intersection with the northerly extension of East line of Lot 1 of
Carolwood No.2, as recorded in Volume 114 of Plats, page 74, records of said County;
Thence southerly along said northerly extension and said East line to the Southeast corner of said Lot 1;
Thence easterly along the south line of said plat to the East line of the westerly 680 feet of said
Southeast quarter;
Thence southerly along said East line to the intersection with the northerly right of way margin of SE
144`h St;
Thence westerly along said northerly margin to the intersection with the northerly extension of the East
line of the West half of the Northwest quarter of the Northwest quarter of the Northeast quarter of
Section 23, Township 23 North, Range 5 East, W.M.;
Thence southerly along said extension and said East line, crossing said SE 144`h St, to an intersection
with the northwest corner of Lot 9 of Briarwood West, as recorded in Volume 93 of Plats, Pages 91 & 92,
records of said County, said intersection also being a point on the "NEW LOT LINE" courses of King
County Lot Line Adjustment No. 890718, recorded under Rec. No. 9010241356, records of said County;
Thence easterly, southerly and westerly along said various "NEW LOT LINE" courses, terminating at the
easterly margin of said 156`h Ave SE;
Thence northerly along said easterly margin to the south line of said West half;
Page 1 of 2 (0354)
AGENDA ITEM #6. c)
Thence westerly along said south line, crossing said 156th Ave SE, to the southwest corner of said West
half, said Southwest corner also being the Southeast corner of the North half of the Northeast quarter of
the Northwest quarter of said Section 23;
Thence westerly along said south line to the intersection with the northeasterly right of way margin of
154"' PI SE;
Thence generally northwesterly along the various courses of said northeasterly margin, to the
intersection with the north line of said Northwest quarter;
Thence continuing northwesterly along the northwesterly extension of 1561" Ave SE, crossing SE 1441h St,
to an intersection with the northerly margin of SE 144th St in said Southwest quarter of Section 14;
Thence easterly along said northerly margin, crossing the unimproved right of way for 154th Ave SE, to
the southwest corner of Lot 1 of King County Short Plat #379074 under recording number 7910040704,
records of said County;
Thence northerly along the west line of said Lot 1 to the northwest corner of said Lot 1;
Thence easterly along the north line of said Lot 1 to the West line of the east 150 feet of lot 7 of Cedar
River Five Acre Tracts as recorded in Volume 16 of Plats, page 52, records of said County;
Thence northerly along said West line to the intersection with the southeasterly margin of SE 142nd PI;
Thence northwesterly, crossing SE 142nd PI, at a perpendicular to the centerline of said SE 142"d PI, to
the intersection with the northwesterly margin of said SE 142nd Pl;
Thence northeasterly and northerly along said northwesterly margin to the point of beginning.
Page 2 of 2 (0354)
AGENDA ITEM #6. d)
AB - 1338
CITY OF
Renton
SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Expenditure Required
Amount Budgeted:
Total Project Budget:
$ N/A
$ N/A
$ N/A
REACH Fee Waiver Request/2016 CROP Out Hunger Walk Fundraiser
Refer to Finance Committee
Community Services
Casey Stanley, Neighborhoods, Resources, Events Manager
6624
Transfer Amendment
Revenue Generated
City Share Total Project
$ N/A
$ N/A
$ N/A
REACH (Renton Ecumenical Association of Churches) is requesting a waiver of shelter fees in the amount of
$280.00 for the Liberty Park and Riverview Park picnic shelters for their annual "CROP Out Hunger Walk"
fundraising event to be held on May 1, 2016.
This is an annual fundraising event that helps provide funding for local food agency programs. This event has
benefited the Renton community for 33 years by providing funds for various food agencies such as the
Salvation Army of Renton, ARISE, The Friendly Kitchen, the Margie Williams Helping Hands Center, and St.
Vincent de Paul Food Bank. This event provides valuable resources to those in need. The community will
benefit by supporting this effort.
A. Community Services Fee Waiver Request
Authorize the Liberty Park and Riverview Park picnic shelter fee waivers for the CROP Out Hunger Walk
fundraising event scheduled for May 1, 2016.
AGENDA ITEM #6, d)
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council
via the Finance Committee.
Name of Group: REACH
Group Contact Person: Sharon Kenyon Contact Number 425-271-2080
Address: 2201.4 th Street Renton WA 98056
Email Address: kenvonis5comcast.net
Date of Event: 5/0/16 5/1/16 Number in Party: 300
Location: Renton Trail, Riverview Shelter & Liberty Park
Type of Event: CROP out Hunger Walk Fundraiser
Staff Contact Name/Telephone: Elane (@ 6714 or Jennifer (c) 6711
What is the total cost of the rental and applicable fees? $280.00
What is the cost of the fee waiver or reduction requested? $280.00
Describe event and explain why a reduction or waiver of fees will benefit the Renton
citizens:
This is an annual fundraiser that benefits organizations within the city
limits of Renton providing meals and giving back directly to community members
Staff Recommendation: Yes:This event is a positive impact within the community
Council Approval
cc:
C: Users jspencer\DesktopUen's Stufffee Waiver Reduction Request Form doc
AGENDA ITEM #6, e)
AB - 1611
CITY OF
—wwo�Renton 0
SUBJECT/TITLE: Retention Pay Application - Gene Coulon Memorial Beach Park
Concrete Tile Rehabilitation
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services
STAFF CONTACT: Todd Black, Capital Project Coordinator
EXT.: 6571
V
Expenditure Required: $ 28,034.03 Transfer Amendment: $ N/A
Amount Budgeted: $ 863,293.00 Revenue Generated: $ N/A
Total Project Budget: $ 863,293.00 City Share Total Project: $ N/A
The Community Services Department submits CAG -15-082, Gene Coulon Memorial Beach Park - Concrete Tile
Rehabilitation, for release of retainage. The project started on June 9, 2015, and was completed on January
21, 2016. The contractor, Road Construction Northwest, fulfilled the terms of their contract by replacing the
concrete plaza tiles at Coulon Park with cast -in-place concrete.
A. Notice of Completion of Public Works Contract
Approve the project, commence the 60 day lien period, release the retained amount of $28,034.03 to Road
Construction Northwest, once all required releases are obtained.
AGENDA ITEM 116, e)
c may, sr�re P4
Original
`" Yoh ❑ Revised #
dye uea ao
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Date: February 26, 2016 Contractor's UBI Number: 602286010
Name & Mailing Address of Public Agency Department Use Only
Ity of Renton, n: Natalie vVissbrod Assigned to:
1055 S Gradv Wav
Renton. WA 98057 Date Assigned:
UBI Number: 177000094
Notice is hereby given relative to the completion of contract or project described below
Project Name
Contract Number
Job Order Contracting
Gene Coulon Memorial Beach Park Concrete Tile Rehabilitatio
CAG -15-082
❑Yes RfNo
Description of Work Done/include Jobsite Address(es)
Removal 20,000 sq. ft. of concrete the pavers and replacement with cast -in-place concrete at Gene
Coulon Memorial Beach Park, 1201 Lake Washington Boulevard North.
Federally funded transportation project? ❑ Yes YJ No (if yes, provide Contract Bond Statement below)
Contractor's Name
I E-mailAddress
Afridavit ID*
Road Construction Northwest
larlene@rcnw.com
Contractor AddressTelephone
#
2500 East Valley Road, Suite C-3 P.O. Box 188 Renton, WA 98057
425-254-9999
If Retainage is not withheld, please select one of the following and ListSurety's Name & Bond Number.
Z Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects)
Name: Propel Insurance Bond Number: 417051
Date Contract Awarded
Date Work Commenced
Date Work Completed
Date Work Accepted
6/9/2015
7/13/2015
1/13/2016
1/21/2016
Were Subcontracters used on this project? If so, please complete Addendum A. Wyes D No
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Contract Amount
Additions ( + )
Reductions (- )
Sub -Total
Amount of Sales Tax 9.5
(Ifvarious rates apply, please send a breakdown)
TOTAL
$ 454,950.00
$ 105,730.67
$ 0.00
$ 560,680.67
$ 53264.66
$ 613.945.33
ivuiC: /nese two totals must be
Liquidated Damages $
0.00
Amount Disbursed $
585,911.29
Amount Retained $
28,034.03
TOTAL $ 613,945.32
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
Contact Name: Natalie Wissbrod Title: Accounts Payable
Email Address: nwissbrod@rentonwa.gov Phone Number: 425-430-6919
Department of Revenue wasAingtunitneDepwommof Air— Employment Security
PubllWorks Section Labor & Industries Department
Registration, Inquiry,
(360)C704-5650 Contract Release Standards & Coordination
PWC(dldor we gov (855) 545-8163, option # 4
ContractRelease@LNI WA.GOV unit
(360)902-9450
publicwork3@esd.wa.gov
REV 31 0020e (4'28r14) F215-038-000 04-2014
AGENDA ITEM #6. 0
AB - 1613
CITY OF
enton (D
City Council Regular Meeting - 07 Mar 2016
SUBJECT/TITLE: Reclassification of HR Manager to HR Labor Relations Classification
and Compensation Manager
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley -Mak, Administrator
EXT.: 7657
Expenditure Required: $ 7,280 Transfer Amendment: $ N/A
Amount Budgeted: $ 7,280 Revenue Generated: $ N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARYOF i •
The HRRM Department, with the support of the Executive Office, recommends that the current HR Manager
position be reclassified to an "HR Labor Relations Classification and Compensation Manager" at grade m36.
This recommendation is made for the following reasons:
• Due to salary savings created by the currently vacant HR Manager position, the total budget impact
through the end of 2016 will be no more than $7,280, which can be absorbed by the Human Resources
budget.
• It is difficult to find individuals at a manager level with extensive labor backgrounds, who would be
willing to accept the current salary range offered. Previous recruitments have not been successful in
finding an HR Manager with this skill set and experience in labor relations.
• Cities in this region comparable to Renton, that do have HR Managers in Labor Relations, compensate
this position at a higher level than HR Managers with other specialities. The average salary for an HR
labor relations manager in smaller cities in this region is $124,864.
In order to provide valuable labor relations services in-house in a competitive labor market, and to maintain and build
stronger relationships with the city's unions, the HR Manager position should be reclassified to an HR Labor Relations
Classification and Compensation Manager at salary grade m36.
A. Issue Paper
Reclassify the HR Manager position to an HR Labor Relations Classification and Compensation Manager, at
grade m36, effective immediately.
AGENDA ITEM #6. 0
HUMAN RESOURCES cnvoF
AND RISK MANAGEMENT Denton (D
M E M O R A N D U M
DATE: February 29, 2016
TO: Randy Corman, Council President
Members of Renton City Council
FROM: Ellen Bradley -Mak, Administrator
SUBJECT: Request to reclass HR Manager position to an HR Labor Relations
Classification and Compensation Manager at grade a36
ISSUE
Should the position of HR Manager be reclassified to an HR Labor Relations Classification and
Compensation Manager, at grade m36?
RECOMMENDATION
To provide valuable labor relations services in-house in a competitive labor market, and
maintain a strong relationship with the city's unions, the HR Manager position should be
reclassified to an HR Labor Relations Classification and Compensation Manager at salary grade
m36.
BUDGET IMPACT
The current HR Manager position has been vacant since mid-January of this year, creating
salary savings over a projected period of at least three months, of more than $24,447. The
difference between the current salary and the recommended salary is $910/month. It is
unlikely Human Resources will fill this position before May 1st, leaving a budget impact of, at
most, $7,280 through the end of 2016, which can be absorbed by the Human Resources
budget.
BACKGROUND
The Human Resources/Risk Management Department oversees a wide range of employee and
risk management services. There are a total of 11 employees who deliver these services, which
include worker's compensation, classification review, claims and liability adjustments,
healthcare benefits, labor relations, and much more. While the majority of staff function as
generalists rather than specialists, there are a few disciplines in the department that require
extensive expertise. One of those disciplines is the area of labor relations.
AGENDA ITEM #6. 0
Council President and Renton City Council
Page 2 of 3
February 29, 2016
Nancy Carlson, who served as the City's HRRM Administrator from 2008 until recently, had a
strong background in labor, having served as the manager of labor relations for King County,
Director of Labor and Employee Relations for Swedish Hospital and Director of Labor Relations -
Northern California for Kaiser Permanente.
With Nancy's retirement and the position of Human Resources Manager currently unfilled, I
would like to take this opportunity to reorganize the department's workload and reclassify the
Human Resources Manager to focus on the City's labor relations responsibilities. As an HR
professional for over 25 years, I believe that my strong suit is in the area of organizational
development, inclusion/diversity and creating partnerships with the community that can assist
the organization to achieve its goal of becoming the "best city in King County."
SUMMARY OF THE ACTION
The HRRM department, with the support of the executive office, is recommending that the
current HR Manager position be reclassified to an HR Labor Relations Classification and
Compensation Manager at a grade m36. This recommendation is made for the following
reasons:
• It is difficult to find individuals at a manager level who have extensive labor
backgrounds, with the current salary range offered. In 2011, when HR Manager Eileen
Flott retired, the HR Administrator attempted to hire an individual with strong labor
experience. Two separate recruitments were conducted, and the top candidate
ultimately decided not to accept the offer for the position.
• In comparing other cities in King County, what you will see is that many of the smaller
cities contract out their labor relations function, both negotiations and day-to-day
issues, with private consultants or law firms that specialize in labor and employment
law. The cost to outsource can run anywhere from $250 to $500 per hour or more. The
HRRM department would prefer to keep the labor function in-house. Doing so helps to
build better relationships with our unions.
• As stated, many small cities do not have Labor Relations Managers. Therefore, it was
difficult to find comparable positions. What we did find locally is as follows:
➢ Bellevue / HR Division Manager, Labor Relations .................................... $137,833
Redmond / Labor Relations Manager......................................................... $129,888
➢ Kent / HR Manager, Labor, Compensation/Classification ........................ $105,374
➢ King County/ Labor Relations Negotiator III ............................................. $126,360
Average salary for labor relations manager = $124,864
At each of the cities described above, the labor relations manager is compensated at a
significantly higher level than other HR managers in the same department. While the salary
grade I am proposing, m36 (top step= $116,208), is lower than the average in this region, I
believe that it is appropriate here as it's in line with how other similarly positioned
classifications in Renton are compensated. A director level position here is classified at grade
m38 with a top step of $122,064.
AGENDA ITEM #6. 0
Council President and Renton City Council
Page 3 of 3
February 29, 2016
CONCLUSION
With an HR Labor Relations Classification and Compensation Manager, compensated at a
competitive level, our Human Resources and Risk Management Department will be positioned
to save money and provide more value over the long run in greater efficiency, fewer attorney's
fees, and a better relationship with our union leadership.
AGENDA ITEM #6, g)
AB - 1617
CITY OF
enton
SUBJECT/TITLE:
Conversion of Police Commander Position to Police Manager
RECOMMENDED ACTION:
Refer to Public Safety Committee
DEPARTMENT:
Police
STAFF CONTACT:
Kevin Milosevich, Chief of Police
EXT.:
7503
FISCAL IMPACT:
Expenditure Required:
$ N/A
Amount Budgeted:
$ N/A
Total Project Budget:
$ N/A
Transfer Amendment:
$ N/A
Revenue Generated:
$ N/A
City Share Total Project:
$ N/A
One of the highlighted changes in the 2015/2016 Police Department Budget was the conversion of a
Commander position to a Police Manager position (See Exhibit A). This change was anticipated with the
retirement of Commander Katie McClincy. Prior to the creation of the SCORE facility, Penny Bartley held the
position of Police Manager and was responsible for the Staff Services Division.
The Commanders within the department rotate assignments every 3-4 years. Commander McClincy chose not
to rotate, but to stay in this position for the last eight years or so. This position requires a substantial
knowledge base in the area of public records dissemination and our records management system. In the best
interest of the Department, and the members of the Staff Services Division, identifying and hiring a
professional manager familiar with public disclosure requests and records would be an asset to the
Department. This position is not subject to rotation and therefore would be responsible for the Staff Services
Division for the long term.
In order to implement this change, staff is requesting that Council approve the newly created "Police
Manager" position, Range m30 (non -represented), and reduce by 1 FTE the authorized number of Police
Commander positions. This change will not not generate a deficit because the Commander position is
compensated at the m37 grade and the Police Manager will be compensated at the m30 grade.
A. Budget Reference
B. Job Description
Amend the City of Renton Index of Positions and Pay Ranges, included in the 2015-2016 Biennial Budget, by
approving the new position of Police Manager, range m30. Authorize the Administration to fill this position
through eliminating the Police Commander position in the Staff Services Division.
AGENDA ITEM #6. g)
I
Highlight of Budget Changes:
Increased the Valley Communications line item by $322,445 for 2015 and $475,598 for 2016 due to an increase in
II medical insurance and capital requirements from Valley Communications.
• Due to the market increase in ammunition, there was an increase of 560,000 each year for 2015/2016 for practice
and duty ammunition.
• The Quartermaster line item was increased by $33,000 for 2015 and $30,000 for 2016 for ballistic vests
j replacement.
• The State of Washington assesses a fee of $3,063 for each new officer to attend the basic academy. This will cause
an increase of $12,000 in the training line item for both 2015/2016.
• The addition of a 3rd K9 officer will cost $90,384 in 2015 and $22,466 in 2016. In 2015 the higher costs are to cover
y
a new vehicle, equipment and K9. The expenses for 2016 are operational in nature.
• The Harbor Patrol contract with the City of Mercer Island has been increased by $23,950 for both 2015/2016.
• In a joint effort with Auburn, Kent, Tukwila and administered by the YMCA, the Alive & Free program is an anti
' gang/anti violence outreach program that will cost $30,000 in both 2015/2016.
_0 During 2015 there will be a conversion of a Commander position to a Police Manager position. The Police Manager
will be a non commissioned position that will oversee the Records/Administrative Services Division. The Police
Manager position is the same pay grade as a Commander and will have no budgetary effect.
• Investigations will see an increase of $25,000 for both 2015/2016 to help train two detectives in computer
forensics.
• Additional Red Light Cameras will be set up at the intersection of Benson & Petrovitsky and three elementary
schools to include Benson Hill, Cascade and Honey Dew. These additional approaches will cost $294,000 for both
2015/2016 and will pay for themselves.
• The addition of 1 SRO officer in 2015 and another one in 2016 contingent on a contract to help with salaries from
the Renton School District.
Budget by Department - Police 3-95
Police Performance Measures:
2014 Results
City Service Area City Service Area Strategies
Performance Measures
2012 Results 2013 Resultsif
available
Average response time (in minutes) to
Priority I calls.
3.07 3.81
4.64
Timely responsiveness and
Average response time (in minutes) to
7.32 6.50
7.64
Safety andPriority
"Projection of effort" when the
II calls.
Health community cannot help itself
Average response time (in minutes) to
10.48 8.81
10.87
Priority III calls.
Average response time (in minutes) to
a
Priority IV calls.
21.05 16.01
20.91
I
Highlight of Budget Changes:
Increased the Valley Communications line item by $322,445 for 2015 and $475,598 for 2016 due to an increase in
II medical insurance and capital requirements from Valley Communications.
• Due to the market increase in ammunition, there was an increase of 560,000 each year for 2015/2016 for practice
and duty ammunition.
• The Quartermaster line item was increased by $33,000 for 2015 and $30,000 for 2016 for ballistic vests
j replacement.
• The State of Washington assesses a fee of $3,063 for each new officer to attend the basic academy. This will cause
an increase of $12,000 in the training line item for both 2015/2016.
• The addition of a 3rd K9 officer will cost $90,384 in 2015 and $22,466 in 2016. In 2015 the higher costs are to cover
y
a new vehicle, equipment and K9. The expenses for 2016 are operational in nature.
• The Harbor Patrol contract with the City of Mercer Island has been increased by $23,950 for both 2015/2016.
• In a joint effort with Auburn, Kent, Tukwila and administered by the YMCA, the Alive & Free program is an anti
' gang/anti violence outreach program that will cost $30,000 in both 2015/2016.
_0 During 2015 there will be a conversion of a Commander position to a Police Manager position. The Police Manager
will be a non commissioned position that will oversee the Records/Administrative Services Division. The Police
Manager position is the same pay grade as a Commander and will have no budgetary effect.
• Investigations will see an increase of $25,000 for both 2015/2016 to help train two detectives in computer
forensics.
• Additional Red Light Cameras will be set up at the intersection of Benson & Petrovitsky and three elementary
schools to include Benson Hill, Cascade and Honey Dew. These additional approaches will cost $294,000 for both
2015/2016 and will pay for themselves.
• The addition of 1 SRO officer in 2015 and another one in 2016 contingent on a contract to help with salaries from
the Renton School District.
Budget by Department - Police 3-95
CLASS TITLE
FLSA STATUS:
Exempt
JOB SUMMARY:
AGENDA ITEM #6. g)
CITY O
Renton 00"""
POLICE MANAGER (02033)
BARGAINING UNIT: PAY RANGE:
Non -Represented m30
Considered a working manager, oversees the Staff Services Division including direct
reports and indirect reports. Manages, directs, and organizes information disseminated
to department staff and other agencies including, media releases, public relations and
public records requests. Manages employee performance including coaching, mentoring,
and conducting discipline. Monitors and maintains a designated budget. Ensures
department strategic goals are implemented. Engages in the development,
interpretation, and administration of policies.
SUPERVISION:
Reports To: Chief of Police
Supervises: Police Services Specialist Supervisors, Police Services Specialists
JOB DUTIES/RESPONSIBILITIES:
Essential Functions:
• Plan, organize and manage operations within the Staff Services Division.
• Recruit, hire, train; recognize, promote, coach, mentor, develop, evaluate, and
manage the performance of assigned staff including making recommendations
regarding discipline and termination.
• Delegate/assign, prioritize, review, and ensure timely completion of duties of
assigned staff.
• Assist in establishing and implementing the goals of the Staff Services Division and
Police Department.
• Evaluate division operations to improve customer service, productivity and
efficiency, and resolve work-related complaints and issues that cannot be
addressed by staff.
• Provide technical and policy information to the public; meet with customers to
resolve issues, and maintain positive relationships.
• Prepare and control budgets; control and approve expenditures and capital
purchases; monitor, prepare and submit periodic budget updates; and, monitor
assigned performance measures
0 Release information to the media as required.
Police Manager - Continued
AGENDA ITEM #6. g)
Page 2
• Act as or assist the City of Renton Public Information Officer as needed.
• Represent the Police Department to other city departments,agencies, community
groups, and the general public; make informational presentations.
• Coordinate assigned activities with other Police Department divisions, City
departments, Valley Communications Center, outside agencies, attorneys, and
other individuals.
• Evaluate and recommend computer and other new equipment proposals;
coordinate with vendors, design implementation procedures, arrange employee
training, and arrange for maintenance of computer and other equipment.
• Respond to inquiries on policies and procedural matters as appropriate.
• Maintain responsibility for department management of Public Disclosure
Requests.
• Manage department responses to court orders to seal, expunge, delete and
vacate records.
• Manage department records retention schedule.
• Remain current with relevant technological advancements as it relates to field.
• Maintain regular, reliable, and punctual attendance, work evening and/or
weekend hours as assigned, and travel as required.
Standard Functions:
• Perform other duties as assigned.
• Respond to emergency callouts in unusual occurrences or major crimes.
• May be assigned to support critical city priorities during disasters or other
emergencies.
EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS:
• High school degree or equivalent.
• Five years of office and records management experience.
• Two years supervisory experience in records management.
• Successful completion of stringent background process, including: personal
background investigation, polygraph examination, psychological evaluation
conducted by a psychologist, and a medical physical, including a drug -screening
test.
• ACCESS (A Central Computerized Enforcement Service System) certification within
6(six) months of hire.
• Public sector experience preferred.
KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS:
• Oral communication and presentation skills.
• Written communication skills, ensuring correct grammar, spelling, punctuation
and vocabulary.
• Technical writing skills.
• Interpersonal skills using tact, patience, and courtesy.
Police Manager - Continued
AGENDA ITEM #6, g)
Page 3
• Effective, professional, and positive interactions with difficult individuals.
• Understand and follow direction given.
• Meet schedules and deadlines.
• Accurate mathematical skills.
• Recordkeeping and data entry skills.
• Report preparation and distribution skills.
• Budget development and control skills.
• Research and analytical skills.
• Decision-making skills.
• Conflict resolution and problem -solving skills.
• Leadership skills.
• Detail -oriented and organization skills.
• Ability to:
o Compose, proofread, and edit correspondence.
o Work independently.
o Negotiate viable solutions under a variety of circumstances.
o Analyze situations accurately and adopt an effective course of action.
o Generate complex reports.
• Knowledge of:
o Federal, state, and local laws and regulations relating to police records,
and activities.
o Washington State Public Records Act
o Alpha and numeric filing systems.
o Proper use of relevant safety devices or equipment.
o Microsoft Word, Excel, Outlook, and Records Management software.
WORK ENVIRONMENT/PHYSICAL DEMANDS:
The following represent the physical demands that must be met to successfully
perform the essential functions of this job:
• Work is performed in a typical office environment and involves moving
throughout the facility and community.
• Driving and field work required.
• Constantly operate a computer and other office equipment.
• Frequent communication with City employees and customers.
• Night meetings required.
• Move items weighing up to 20 pounds on occasion.
• Noise level is moderately quiet.
Approved reasonable accommodation requests will be made to enable individuals
with disabilities to perform the essential functions of the job.
Established Date: July 1996
Revised: March 2001, February 2016
Original Tale: Staff Services Manager
AGENDA ITEM #6, h)
AB - 1610
CITY OF
enton
City Council Regular Meeting - 07 Mar 2016
SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Expenditure Required: $ N/A
Amount Budgeted: $ N/A
Airport T -Hangars Rent Increase
Refer to Transportation (Aviation) Committee
Transportation Systems Division
Jonathan Wilson, Airport Manager
7477
Transfer Amendment: $ N/A
Revenue Generated: $ 7,400
Total Project Budget: $ N/A City Share Total Project: $ N/A
The Airport manages 39 aircraft T -hangars on a month-to-month basis. Each of the 39 T -hangars is rented and
there is a waiting list of more than 60 people. With the last rental increase effective January 1, 2013 each
hangar tenant is charged $393.62 per month for rent, plus a leasehold excise tax amount of $50.54, for a
grand total of $444.16.
Three years is a typical interval for rate increases for other leaseholders on the Airport. Since three years has
now passed, Airport staff computed a rental increase using the Consumer Price Index -Urban. The 4% increase
will raise the rent by $15.81 to $409.43, plus leasehold excise tax of $52.57 for a new monthly rent total of
$462.00. The effective date of the new rental fee will be April 1, 2016.
An additional $7,400 in annual airport leasehold revenue will be generated as a result of the increase.
A. Consumer Price Index - All Urban Consumers
Approve a Consumer Price Index -Urban increase in the monthly rent for the Airport T -hangars from $393.62 to
$462.00, including leasehold excise tax, effective April 1, 2016.
Bureau of Labor Statistics
Consumer Price Index - All Urban Consumers
Original Data Value
Series Id:
CUURA423SA0,CUUSA423SA0
Not Seasonally
Adjusted
Area:
Seattle -Tacoma -Bremerton, WA
Item:
All items
Base Period:
1982-84=100
Years:
2005 to 2015
Year
Jan Feb Mar
Apr May
Jun Jul
Aug Sep
Oct Nov
Dec
Annual
HALF1
HALF2
2005
197.6
201.3
199.8
199.9
203.3
200.9
200.2
199.2
201.3
2006
203.6
207.4
208.2
209.6
209.8
209.3
207.6
205.8
209.5
2007
211.704
215.767
215.510
215.978
218.427
218.966
215.656
213.810
217.502
2008
221.728
223.196
228.068
227.745
225.915
222.580
224.719
223.569
225.869
2009
224.737
225.918
227.257
227.138
226.277
225.596
226.028
225.580
226.475
2010
226.085
226.513
226.118
227.645
227.251
226.862
226.693
226.195
227.190
2011
229.482
231.314
233.250
233.810
235.916
234.812
232.765
230.815
234.715
2012
235.744
237.931
239.540
240.213
241.355
237.993
238.663
237.344
239.981
2013
239.898
240.823
242.820
242.767
242.787
241.055
241.563
240.777
242.350
2014
242.770
246.616
247.642
247.185
247.854
245.050
246.018
245.125
246.912
2015
245.496
247.611
251.622
251.617
250.831
250.385
249.364
247.614
251.115
Calculation (247.614 / 237.344 = 1.04 or 4%)
Current hangar rent 393.62
Proposed hangar rent 409.36 (393.62 x 1.04)
n
c
R
2
C
n
-
3
Cr
Source: Bureau of Labor Statistics Generated on: February 19, 2016 (02:56:19 PM)
AGENDA ITEM # 8. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
27, SHOPPING CART REGULATION, OF TITLE VI (POLICE REGULATIONS) OF THE
RENTON MUNICIPAL CODE, BY CLARIFYING REGULATIONS; ADDING
DEFINITIONS FOR 'ADMINISTRATOR', 'IDENTIFICATION SIGN', 'CART SIGN' AND
'IMPOUNDED CART'; DELETING THE REQUIREMENTS FOR SHOPPING CART
RETRIEVAL AND CONTAINMENT PLANS; AND ADDING FINES FOR VIOLATIONS
OF THIS CHAPTER.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Chapter 27, Shopping Cart Regulation, of Title VI (Police Regulations) of
the Renton Municipal Code, is hereby amended as follows:
CHAPTER 27
SHOPPING CART REGULATION
SECTION:
6-27-1: Purpose
6-27-2: Declaration Of Nuisance
6-27-2- ShoppiRg GaFt Containment And
6-27-4- Smemptions
6-27-63: Definitions
6-27-64: Shopping Cart Signage
6-27-75: Rptripvall.And Impound And Fines Pmc2E-FKe5
6-27-86: Rapr. And Disposition Of Carts
6-27-97: Illegal Possession Or Accumulation Of Carts
6-27-1 PURPOSE:
It is the primary purpose of this Chapter to provide for the prompt retrieval
of lost, stolen or abandoned shopping carts in order to promote public safety
and improve the image and appearance of the City. It is a purpose of this
Chapter to have the owners and operators of businesses providing shopping
carts use the means available to them to deter, prevent or mitigate the removal
1
AGENDA ITEM # 8. a)
ORDINANCE NO.
of shopping carts from their business premises, and to retrieve any carts that
may be removed despite these efforts. It is a further purpose of this Chapter to
prevent the illegal removal of shopping carts from the business premises, to
prevent the continued possession of illegally removed carts, and to prevent the
accumulation of illegally removed carts on public or private properties.
6-27-2 DECLARATION OF NUISANCE:
Retail establishments provide shopping carts for the convenience of
customers shopping on the premises of the businesses. A &shopping carts that
#a.ve has been removed from the premises of the business and left abandoned
on public or private property throughout the City constitutes a public nuisance
and a potential hazard to the health and safety of the public; each lost, stolen or
abandoned cart shall constitute a separate violation. Shopping carts abandoned
on public and private property can create conditions of blight in the community,
obstruct free access to sidewalks, streets and other rights-of-way, interfere with
pedestrian and vehicular traffic on pathways, driveways, public and private
streets, and impede emergency services. It is for these reasons that such lost,
stolen, or abandoned shopping carts are hereby declared to be a public nuisance
which shall be subject to abatement in the manner set forth in this Chapter, or in
any other manner provided by law.
For purposes of this Chapter, any shopping cart located on any public or
private property other than the premises of the retail establishment from which
such shopping cart was removed shall be presumed lost, stolen, or abandoned,
2
AGENDA ITEM # 8. a)
ORDINANCE NO.
even if in the possession of any person, unless such person in possession thereof
is:
A. An authorized agent; or
B. RetKievai Retail Establishment personnel; or
C. Enforcement personnel; or
D. An authorized customer.
Except as—etheFWisePFOVided in this Chapter, eveFy E)wneF ,.,h^ pFevi�'^�
shall develop, impleMeRt and comply with the previ-sileps ef C-1 WFitteR Sh
6-27-93 DEFINITIONS:
AGENDA ITEM # 8, a)
ORDINANCE NO.
Except as otherwise expressly set forth herein, the following words and
terms as used in this Chapter shall have the following meanings:
A. Administrator: The Administrator of the Community and Economic
Development Department.
B. Authorized Agent: The owner, or an employee or authorized agent of the
owner, entitled to possession of the shopping cart.
9-.C. Authorized Customer: A customer of the owner of the shopping cart,
having the written permission of the owner or owner's agent to remove the
shopping cart from the owner's premises. Such peFFni55i0R, -heweyeF, shall
�&D. Enforcement Personnel: Any police officer, code enforcement
inspector, or designated staff employed by the City of Renton.
E. 'Identification Sign' or 'Cart Sign': A sign that provides ownership
information, as required by this Chapter, which is required to be affixed to each
shopping cart.
F. Impounded Cart: Any shopping cart collected by authorized City
personnel, regardless of whether or not the shopping cart is being transported to
or is stored within City facilities.
G. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is
either:
4
AGENDA ITEM # 8. a)
ORDINANCE NO.
1. Removed from the premises of a retail establishment by any person
without the written permission or consent of the owner of the shopping cart or
the retailer otherwise entitled to possession of such cart; or
2. Left unattended, discarded or abandoned upon any public or private
property other than the premises of the retail establishment from which the
shopping cart was removed, regardless of whether such shopping cart was
removed from the premises with permission of the owner;
3. For purposes of this Chapter, any shopping cart located on any public
or private property other than the premises of the retail establishment from
which such shopping cart was removed shall be presumed lost, stolen, or
abandoned, even if in the possession of any person, unless such person in
possession thereof is either:
a. The owner, or an employee or authorized agent of the owner,
entitled to possession of said shopping cart; or
b. An officer, employee or agent of a cart retrieval service hired by
the owner to retrieve such carts; or
c. City enforcement personnel retrieving, storing or disposing of said
cart pursuant to the provisions of this code;
d. A customer with written permission from the owner or agent of
the owner to take the cart off premises.
5
AGENDA ITEM # 8. a)
ORDINANCE NO.
€-H. Owner: Any person or entity, in connection with the conduct of a
business, that whe owns, leases, possesses, or makes more than ten (10)—,a
shopping carts available to customers or the public.
F-1. Parking Area: A parking lot or other property provided by a retail
establishment for the use of customers of said retail establishment for the
parking of customer vehicles. The parking area of a retail establishment located
in a multi -store complex or a shopping center shall include the entire parking
area used by the multi -store complex or shopping center.
G -J. Premises: Any building, property, or other area upon which any retail
establishment business is conducted or operated in the City of Renton, including
the parking area provided for customers in such retail establishment.
W.K. Retail Establishment: Any business located in the City of Renton which
offers or provides shopping carts for the use of the customers of such business
regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the
general public, is a private club or business, or is a membership store.
Retrieval RlaR as gEart-ret,=iev-alserviEes, w etheF empleTees—ef the
1:L. 'Shopping Cart' or 'Cart': A basket which is mounted on wheels or a
similar device generally used in a retail establishment by a customer for the
purpose of transporting goods of any kind.
11
AGENDA ITEM # 8. a)
ORDINANCE NO.
6-2744 SHOPPING CART SIGNAGE
detai1iRg—the stere's strategy forfreventin^ ShGpp*Rg C-aFtS fF^^, leaviRg *he
detail the business' appFeach to Fetain eaFts on the pFepeFty occupied by the
. er.�+nrsa
A. 4- Identification Signs on ECarts (Required: €*e -y Each shopping cart
made available for use by customers shall have an Identification Ssign
permanently affixed to it that includes the following information in accordance
with RCW 9A.56.270, as now enacted or hereafter amended:
1. a Identifies the owner of the shopping cart or the
name of the business establishment, or both -.,-
2. �-.
oth..
2_43�- Notifies the public of the procedure to be utilized
for authorized removal of the cart from the busiRess premises.. -L
7
AGENDA ITEM # 8. a)
ORDINANCE NO.
3_E W Notifies the public that the unauthorized removal
of the cart from the premises of the business or parking area of the retail
establishment, or the unauthorized possession of the cart, is
and state unlawful; and
4_d: A Lists a current telephone number or address for returning carts
removed from the premises or parking area to the owner or retailer. W Feyeet
B_-2-. Notice to customers: WFOReR netiee shall be pFevided Owners shall
provide written notice to customers, that the removal of shopping carts from the
premises is prohibited. Such notice may be provided in the form of flyers
distributed on the premises, notice printed on shopping bags, direct mail, notices
on business websites, or any other means demonstrated to be effective.
Additionally, all owners shall display and maintain conspicuous
signs shall be placed and maiRtaiRed on the premises near all customer
entrances and exits and throughout the premises, including the parking area,
warning customers that removal of shopping carts from the premises is
prohibited by state and City law.
N
AGENDA ITEM # 8. a)
ORDINANCE NO.
a. IHStaIli.,,, .diSabIi..,-.A all r=aFtS.
d. RequiFiRg r rpt., deposits f.,r u of all carts•
AGENDA ITEM # 8. a)
ORDINANCE NO.
pareses of the retrieval of lost, s 6.—lep Ar- a_andef�ed s lc^sp^p^'m^�6t"N"zs. 1C i
sentraeters hired bar -the 9WReF to pFeyide shopping ea Ft FetFieval
retrieval duties, the na+AbeF Of tetallhGaFS—pp-.r eels that ear::h ass4pw-
BMW
Fece iJed ^F will rzeeive seneenin the–retFieval of lest, stelee OF abandened
shoppiRg eaFtsj OF
10
AGENDA ITEM # 8. a)
ORDINANCE NO.
rnnu ed by this .hr r•+.nas well the rf. .. pd times of r rh
P;Tsee, Rt to this Ch a pte , and Feee m pt 9f the FeqwiFedpFQEess+rgfee, the
11
AGENDA ITEM # 8. a)
ORDINANCE NO.
rr�nn:!r�r_r.�:r_�esr.+s�:er�errm�:e�s�
2. Ne> iEe of #sear;,,,, if the appeal is timely filed, the r or -,;ha4
12
AGENDA ITEM # 8. a)
ORDINANCE NO.
6-2745 RETQ'F-"^' ""I^ IMPOUNDMENT AND FINES
A. RetFieval Impoundment of Shopping Carts-_ The City may immediately
r,etFieve impound any lost, stolen or abandoned shopping cart within the City, or
any
GFAFne diateI„ FetFieve aRy lest StOleR OF aban e „d cart within the City to which
dees not have the required Identification Sign is not affixed to it. The City Fnay
F2 Beit airy—i6rst, s+ ,I , , ., h ,.J ,.,1 .l sL,.,.,., ., . eart ,1+L,..,+h , City which has
to I.,r 9F agent.
B. Impounded Carts: Owners identified on Cart Signs will be informed that
they have fourteen (14) days in which to retrieve the cart(s) from the City.
I f City, f iSh + S diSGO ,.,...
a•E�l�i+rnvtF6e-rrvrTrtk}C�Fcy-vr�i�l. �nvpp�ccnT�-aT�cvTcr�
C. Notification of Impounded Cart: The City shall utilize the required Cart
Sign to notify the owner of each impounded cart; absence of the required Cart
13
AGENDA ITEM # 8. a)
ORDINANCE NO.
Sign shall relieve the City from this responsibility.
se FYiees, eF the—neFinal flew of vehieulaF er—pedestFiaR tFaf ter IS OR pfivate
. FE) eFtyr City eRfE)FeemeRt p el aFe l thWized to immediatelyy, FetFieye the
D. Fines: The City shall issue a one hundred dollar ($100) fine to the owner
of each lost, stolen, or abandoned cart impounded by the City. Each cart
impounded by the City shall constitute a separate violation.
E. Retrieval Fee: The City shall issue a retrieval fee of twenty-five dollars
($25) to the owner of each lost, stolen, or abandoned cart impounded by the
City and retrieved, collected, or reclaimed by the owner. If the owner of the cart
retrieves the cart within fourteen (14) days, the owner shall be exempt from this
fee.
6-27-56 «<�;; DISPOSITION OF CARTS:
A. Disposition of Carts: Carts impounded by the City which are either held
for more than fourteen (14) days following the date of notification, or carts
14
AGENDA ITEM # 8. a)
ORDINANCE NO.
without an Identification Sign, may be disposed of or sold by the City. Failure to
"mr"yvvj- Mm
B. Appeals:
1. Filing of Appeal: Any owner aggrieved by any adverse decision of the
Administrator pursuant to this Chapter may appeal such decision within fourteen
(14) calendar days following the date of such decision by filing with the Hearing
Examiner or City Clerk a written notice of appeal briefly stating the grounds for
such appeal. The notice of decision shall be deemed filed on the date the appeal
processing fee has been paid. No appeal shall be accepted for filing and
processing by the Administrator unless accompanied by the appeal processing
fee.
2. Notice of Hearing: If the appeal is timely filed, the Examiner shall
cause the matter to be set for hearing. The appellant shall be provided not less
than ten (10) calendar days written notice of the date, time and place of the
hearing. The Hearing Examiner shall conduct the hearing pursuant to the
provisions of RMC 4-8-110.
eelleets slag;l—eenst+tute a separate Ter, aR„ GWReF h ,.,;
15
AGENDA ITEM # 8. a)
ORDINANCE NO.
f1:lSS71 .
6-27-87 ILLEGAL POSSESSION OR ACCUMULATION OF CARTS:
A. Any person removing a shopping cart from the premises of an owner,
without the written permission of the owner or the owner's authorized agent,
shall be guilty of shopping cart theft in the 3Fd degFee, which is a misdemeanor,
pursuant to RCW 9A.56.270.
B. Any owner or lessee of residential property that knowingly allows
one or more shopping carts to remain on the leased property without written
permission of the owner of the shopping cart or the owner's authorized agent, is
guilty of possession of stolen property in the 3rd degree, which is a gross
misdemeanor. The ewner er lessee `ha" h^ pxprn^* 499 the pFeyisiens of +h'
£#2pteF except if the owner or lessee contacts the owner of the cart(s) weekly
until the cart(s) are removed and asks that the carts be retrieved, keeping a
record of such contact.
C. Any owner of multi -family housing which allows an accumulation of
three mor more shopping carts upon the multi -family premises `ha" be guilty
has
committed a code violation punishable according to the terms of RMC 1-3-2
16
AGENDA ITEM # 8. a)
19 C 9 ► _► OX—Mel
There shall be an exec *9R exception for the owner of
any multi -family housing who has sent a letter to all tenants, on a quarterly
basis, advising the tenants to not leave shopping carts on the premises of the
multi -family property and who has kept a record of such letters. The owner of
the multi -family housing, to claim this exemption exception, must also contact
the owner of the carts weekly until the carts are removed, and ask that the carts
be retrieved, keeping a record of the date and time of such contact.
D. Any owner of commercial or industrial property which allows the
accumulation of one or more shopping carts, not maintained as part of the
business, shall be guilty ef a RwisaTRee. Surch ulatieR shall be illegal,...d
Rdpr has committed a code violation punishable according to the
terms of RMC 1-3-2, and ^"^"hable *here -u., The owner of the commercial
or industrial property may claim an exemptien exception from this i +ee
code violation. To claim this exemption exception, the owner must contact the
owner of the carts weekly until the carts are removed and ask that the carts be
retrieved, keeping a record of the date and time of such contact.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2016.
Jason A. Seth, City Clerk
17
AGENDA ITEM # 8. a)
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2016.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1901:2/12/16:scr
18
Denis Law, Mayor
CITY OF
EXECUTIVE DEPARTMENT Renton
M E M O R A N D U M
DATE: March 7, 2016
TO: Randy Corman, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
In addition to our day-to-day activities, the following are some items worthy of note for this
week:
The Solid Waste Utility will host its last Eco Film presentation Thursday, March 10th at 6:30
p.m. at Carco Theater. The film, Sound and Vision, produced by People for Puget Sound,
will be screened followed by a community discussion with speakers working to prevent
water pollution in our region. The event is free and a great opportunity to learn what each
of us can do to improve the quality of our waterways and help protect marine life.
Questions may be directed to either Linda Knight at 425-430-7397 or to Jina Kim at 425-
430-7391.
• Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday, March 7th through approximately Wednesday, March 9th. As early as
Monday, March 7th, motorists can expect North 4th Street at Logan Avenue North to be
closed to traffic for two consecutive days for up to eight hours each day to allow the
east half of Logan Avenue to be paved. This work is weather dependent and the
message board signage will be modified to announce the closure on the days the work is
being undertaken. Questions may be directed to James Wilhoit at 425-430-7319 or
Todd Freih at 425-999-1832.
✓ Monday, March 7th through Friday, March 11th. Curb lane closure of the northbound
lane of Sunset Blvd. North underneath 1-405 to accommodate sidewalk installation.
✓ Monday, March 7th through Friday, March 11th, approximately 8:00 a.m. to 5:00 p.m.
The two west lanes on Main between 2nd and 3rd will be closed for project
improvements while the east lanes will be open for traffic flow. Approved traffic control
plans have been issued for all work and will be followed. The on-site inspector, Pat
Miller, can be reached at 206-794-6162.
Randy Corman, Council President
Members of Renton City Council
Page 2
March 7, 2016
✓ Monday, March 7th through Friday, March 11th, approximately 8:00 a.m. to 3:00 p.m.
Possible single lane closure on Chelan Avenue SE, between SE 2nd Place and SE 4th
Place, due to adjustment of utilities. Questions may be directed to Mark Wetherbee at
206-999-1829.
✓ Monday, March 7th through Friday, March 11th, approximately 8:00 a.m. to 3:00 p.m.
Possible single lane closure on Union Avenue NE in front of 2001 Union Avenue NE, due
to installation of utilities. Questions may be directed to Mark Wetherbee at 206-999-
1829.
✓ Monday, February 22nd through approximately August 31st. Logan Avenue North
between North 6th Street and Airport Way will be closed 24/7 to all southbound traffic
during construction of the Logan Avenue Improvement Project. Southbound Logan
Avenue North traffic will be rerouted along Park Avenue North to Bronson Way and
South 2nd Street. Questions may be directed to James Wilhoit at 425-430-7319 or via
email at jwilhoit@rentonwa.gov. For updates visit the project web page at
Rentonwa.gov.
RENTON CITY COUNCIL MEETING
AUDIENCE COMMENT
SIGN-UP SHEET
(Page 1)
Agenda Item No.:
CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE
A PARTY OF RECORD WHEN APPROPRIATE
DATE: PLEASE PRINT 5 Minute Time Limit
1
Name: ��
Addres OAddress:
Cityfo 04, Zip Code.
Email: )i�o��/ry��, Y►�-�,
Topic:
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Topic:
(Continued from Reverse Side - Page 2)
RENTON CITY COUNCIL MEETING
AUDIENCE COMMENT
SIGN-UP SHEET
CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE
A PARTY OF RECORD WHEN APPROPRIATE
PLEASE PRINT 5 Minute Time Limit
9
Name:
13
Name:
Address:
Address:
City Zip Code
Topic:
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Topic:
The Lodging Tax Advisory Co.mmrttee met on June 30, 2015, to approve anew application process
for the allocation of lodging ax funding for 2016,ensuring consistency, fair.`ness and-comp.iance with
state regulations . Th`e `Committee: met.,agam ,on October; 9 20T5;; setting a timeline for _the
application process,in staffto hold a -workshop for interested: applicants on- ctober 28th,
20;15 :.Applications were due on.November z0; 2015, and 79 :applications were received.
:. •.
The Committee heard -.presentations -from, all applicants.'on December= ,4, 2015, and met on again'on
December 16; 2015 .to finalize its-recommeridations
" The Lodging Tax Advisory Committee recommends Renton City Council approve 2016 expenditures
from the, Lodging Tax:Fund as follows:.
• Renton Technical College, Readm&Apprenticesf ip Conferences $2;500
• Renton Technical College ,Readin A renticeshi m.STEIVI`-$2 500: '
g. pp p , ,
- Renton Civic Theafer; 2016.Season, $2,500
• Seattle lnternational`Film. Festival, 2016 Renton; $20,000
• 'Renton Chamberof,•Camme:rce; 2016 Oktoberfest, $12;500
,
• City of Renton; Renton Community; Marketmg;Campaign $50,000
_
• cltyof:R,Onton, Seahawks-Rally,
r .. .•
Renton Chamber of Commerce,. Return to Renton Car Sho'w;• $5,000•:
-
• Tasveer, Seattle South Asian FiIm 1 estival,",$7,000
-
• Olympic Peninsula fishing Innovations, Atlantic SalmonFly Expo, $10;000
r -
-• City.of`Renton, Multi=,Cultural Festival, $2`0;000'
Total Recommendation: $142,000
The Committee, of the Whole recommends that council approvethe `above expenditures and
further "recommend s.that the'allocation"of $75;000:to',the,Renton Chamber'of Commerce forthe
•Visitor's ,Center, be 'forwarded back 'to the. Lodging.: Tax Advisory Committee .`for additional
information and'will be brought back to the committee-at�a later date.,
74
ff andy.; Gorman; Council President
cc: Chip Vincent, Community; Economic Development Administrator
Iwen Wang,.Admmistrative Services - Administrator.
Cliff Long, Economic Development Director _ _
STAFF RECAP
COUNCIL MEETING REFERRALS
3/7/2016
MOTIONS REFERRED TO ADMINISTRATION: None
Other Requests: None*
MOTIONS REFERRED TO COUNCIL COMMITTEE: None
*The consent agenda items were adopted as presented, with the exception of Item 6.g. (Conversion of
Police Commander Position to Police Manager) which was removed for separate consideration, and
approved as Council Concur.
MAR 7, 2016 - CITY COUNCIL REGULAR MEETING - MOTION SHEET
Agen"-
Agenda ° > _
Title/Item
fVlotion, .
=' Staff Contacf.
Interested Parties,
-da
Section
Place
a
ment
2.
ROLL CALL
Councilmember Perez was absent.
Council Concur
N/A
N/A
6.a)
CONSENT
Approval of Council Meeting minutes of February 22, 2016.
Council Concur
Jason Seth
Megan Gregor
AGENDA
6.b)
CONSENT
AB -1614 Community & Economic Development Department
Refer to Utilities`
Amanda Askren
Jennifer Henning
AGENDA
recommended adoption of an ordinance granting a 10 -year franchise
Committee
Judith Subia
agreement with Level 3 Communications, LLC as a purveyor of broadband
telecommunication services within the City of Renton.
6.c)
CONSENT
AB -1616 Community & Economic Development Department submitted
Council Concur
Angie Mathias
Judith Subia
AGENDA
10% Notice of Intent to Annex petition for the proposed Bradley
Sandi Weir
Annexation and recommended a public meeting be set on 3/21/2016 to
consider the petition; 17.7 acres bordered to the south by parcel lines
located near SE 146th PI. (if extended), by parcel lines near 157th PI. SE to
the east, parcel lines in proximity to SE 142rd PI. to the north, and by
154th PI. SE to the west.
6.d)
CONSENT
AB -1598 Community Services Department requested approval to waive
Refer to Finance,
Casey Stanley
Kris Stimpson
AGENDA
the shelter fees in the amount of $280 for the annual REACH "CROP Out
Committee
Elane Rosok
Hunger Walk" on 5/1/2016.
Jennifer Jorgenson
6.e)
CONSENT
AB -1611 Community Services Department submitted CAG -15-082, Gene
Council Concur
Todd Black
Sandi Weir
AGENDA
Coulon Memorial Beach Park - Concrete Tile Rehabilitation Project,
contractor Road Construction Northwest; and requested acceptance of
the project, and release of retainage in the amount of $28,034.03, if all
required releases are obtained.
6.f)
CONSENT
AB -1613 Human Resources / Risk Management Department
Refer to Finance
Ellen Bradley-
MaryAnn
AGENDA
recommended approval of the reclassification of a HR Manager (m30) to
Committee
Mak
Coleman
HR Labor Relations Classification and Compensation Manager (m36) in
the Human Resources and Risk Management Department, effective
immediately with an increased cost of $7,280, for 2016.
6.h)
CONSENT
AGENDA
AB -1610 Transportation Systems Division recommended approval of a
monthly rent increase based on the Consumer Price Index-Urban for all
Airport T-hangers from $393.62 to $462, including leasehold excise tax,
with an annual increased revenue of $7,400, effective 4/1/2016.
e er to
Transportation
(Aviation)
Committee,
Jonathan Wilson
Heather Ulit
Susan Campbell-
Hehr
Sandi Weir
6.g)
ITEM 6.G. -
AB - 1617 Police Department recommended amending the City of Renton
R^c^- to o..�.�°^
Kevin Milosevich
Melissa Day
SEPERATE
Index of Positions and Pay Ranges, included in the 2015-2016 Biennial
CONSIDERA
Budget, by approving the new position of Police Manager (m30) and
committee.
TION
authorize the Administration to fill this position through eliminating the
Council Concur
Police Commander position in the Staff Services Division of the Police
Department.
7.a)
UNFINISHED
Committee of the Whole Chair Corman presented a report stating that
Council Concur
Cliff Long
Judith Subia
BUSINESS
the Lodging Tax Advisory Committee met on June 30, 2015, to approve a
new application process for the allocation of lodging tax funding for 2016
ensuring consistency, fairness and compliance with state regulations. The
Committee met again on October 9, 2015, setting a timeline for the
application process and directing staff to hold a workshop for interested
applicants on October 28th, 2015. Applications were due on November
20, 2015, and 19 applications were received.
The Committee heard presentations from all applicants on December 4,
2015, and met on again on December 16, 2015, to finalize its
recommendations.
The Lodging Tax Advisory Committee recommends Renton City Council
approve 2016 expenditures from the Lodging Tax Fund as follows:
• Renton Technical College, Reading Apprenticeship Conference,
$2,500
• Renton Technical College, Reading Apprenticeship in STEM,
$2,500
• Renton Civic Theater, 2016 Season, $2,500
• Seattle International Film Festival, 2016 Renton, $20,000
• Renton Chamber of Commerce, 2016 Oktoberfest, $12,500
• City of Renton, Renton Community Marketing Campaign, $50,000
• City of Renton, Seahawks Rally, $10,000
Renton Chamber of Commerce, Return to Renton Car Show,
$5,000
• Tasveer, Seattle South Asian Film Festival, $7,000
• Olympic Peninsula Fishing Innovations, Atlantic Salmon Fly Expo,
$10,000
• City of Renton, Multi-Cultural Festival, $20,000
Total Recommendation: $142,000
The Committee of the Whole recommends that council approve the
above expenditures and further recommends that the allocation of
$75,000 to the Renton Chamber of Commerce for the Visitor's Center be
forwarded back to the Lodging Tax Advisory Committee for additional
information and will be brought back to the committee at a later date.
7.b)
UNFINISHED
Transportation (Aviation) Committee Vice Chair Witschi presented a
Council Concur
Keith Woolley
Heather Ulit
BUSINESS
report recommending concurrence in the staff recommendation to
Li Li-Wong
accept completion of the SW 27th Street/Strander Blvd. Extension, Phase
1 Segment 2A Project and approve the final pay estimate of $230,383.90,
subject to receiving the required certifications.
8.a)
ORDINANCE
Ordinance No. 5786: An ordinance was read amending Chapter 27,
COUNCIL
Paul Hintz
Angie Mathias
FOR
Shopping Cart Regulation, of Title VI (Police Regulations) of the Renton
ADOPT THE
Judith Subia
SECOND
Municipal Code, by clarifying regulations; adding definitions for
ORDINANCE AS
Cindy Moya
AND FINAL
'Administrator,' Identification Sign,' Cart Sign,' and 'Impounded Cart;'
READ. ROLL
READING:
delegating the requirements for shopping cart retrieval and containment
CALL: ALL AYES
_.
plans; and adding fines for violations of this Chapter.
MINUTES
City Council Regular Meeting
7:00 PM - Monday, March 7, 2016
Council Chambers, 7th Floor, City Hall —1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent.
Randy Corman, Council President Ruth Perez
Ryan Mclrvin
Armondo Pavone
Don Persson
Ed Prince
Carol Ann Witschi
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL EXCUSE ABSENT
COUNCILMEMBER PEREZ. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence J. Warren, City Attorney
Megan Gregor, Deputy City Clerk
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Ellen Bradley -Mak, Human Resources/ Risk Management Administrator
Preeti Shridhar, Deputy Public Affairs Administrator
Jennifer Henning, Planning Director
Leslie Betlach, Parks Planning/ Natural Resources Director
Commander Tracy Wilkinson, Police Department
Tina Harris, Domestic Violence Victim Advocate, Police Department
March 7, 2016 REGULAR COUNCIL MEETING MINUTES
SPECIAL PRESENTATIONS
a) Custer Fund (RCF) Donation: Lynn Bohart from the Renton Community Foundation provided a
brief history regarding the Custer Fund Donation. She also announced that this year a grant
will be provided to the City of Renton's Parks Division to help fund the 'Nature Playground' at
Meadowcrest Playground and presented the City with a check in the amount of $55,000.
Leslie Betlach, Parks Planning / Natural Resources Director outlined what the 'Nature
Playgound' will provide to the community.
b) Renton Human Trafficking Awareness Event: Jeanette Millmann from the Planning
Committee for the upcoming Human Traffic Awareness Event on June 8, 2016, and provided a
brief presentation about the event that will highlight problems related to human trafficking in
the Seattle area. Ms. Millmann will be returning to present the results of the event at a
Council Meeting later this summer.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
The Solid Waste Utility will host its last Eco Film presentation Thursday, March 10th at
6:30 p.m. at Carco Theater. The film, Sound and Vision, produced by People for Puget
Sound, will be screened followed by a community discussion with speakers working to
prevent water pollution in our region. The free event provides others an opportunity
to learn what can be done to improve the quality of our waterways and help protect
marine life.
AUDIENCE COMMENT
Beth Asher, Renton, provided an update regarding the achievements of the Renton Youth
Advocacy Center (RYAC) over the past year. Additionally, she invited Council and the public to
attend the RYAC Gala on April 23, 2016 at the Robert C. Roberts Campus Center at Renton
Technical College.
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion, following the listing. At the request
of Councilmember Pavone, Consent Agenda item 6.g. was pulled for separate consideration.
a) Approval of Council Meeting minutes of February 22, 2016. Council Concur.
b) AB - 1614 Community & Economic Development Department recommended adoption of an
ordinance granting a 10 -year franchise agreement with Level 3 Communications, LLC as a
purveyor of broadband telecommunication services within the City of Renton. Refer to
Utilities Committee.
c) AB - 1616 Community & Economic Development Department submitted 10% Notice of Intent
to Annex petition for the proposed Bradley Annexation and recommended a public meeting
be set on 3/21/2016 to consider the petition; 17.7 acres bordered to the south by parcel lines
located near SE 146th Pl. (if extended), by parcel lines near 157th PI. SE to the east, parcel
lines in proximity to SE 142rd PI. to the north, and by 154th PI. SE to the west. Council Concur.
March 7, 2016 REGULAR COUNCIL MEETING MINUTES
d) AB -1598 Community Services Department requested approval to waive the shelter fees in
the amount of $280 for the annual REACH "CROP Out Hunger Walk" on 5/1/2016. Refer to
Finance Committee.
e) AB -1611 Community Services Department submitted CAG -15-082, Gene Coulon Memorial
Beach Park - Concrete Tile Rehabilitation Project, contractor Road Construction Northwest;
and requested acceptance of the project, and release of retainage in the amount of
$28,034.03, if all required releases are obtained. Council Concur.
f) AB - 1613 Human Resources / Risk Management Department recommended approval of the
reclassification of a HR Manager (m30) to HR Labor Relations Classification and Compensation
Manager (m36) in the Human Resources and Risk Management Department, effective
immediately with an increased cost of $7,280, for 2016. Refer to Finance Committee.
h) AB -1610 Transportation Systems Division recommended approval of a monthly rent increase
based on the Consumer Price Index -Urban for all Airport T -hangers from $393.62 to $462,
including leasehold excise tax, with an annual increased revenue of $7,400, effective
4/1/2016. Refer to Transportation (Aviation) Committee.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA MINUS ITEM 6.G. CARRIED.
ITEM 6.G. - SEPERATE CONSIDERATION
g) AB - 1617 Police Department recommended amending the City of Renton Index of Positions
and Pay Ranges, included in the 2015-2016 Biennial Budget, by approving the new position of
Police Manager (m30) and authorize the Administration to fill this position through
eliminating the Police Commander position in the Staff Services Division of the Police
Department. Refer to- Public Safety
MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 6.G. AS COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINESS
a) Council President Corman presented a Committee of the Whole report stating that the Lodging
Tax Advisory Committee met on June 30, 2015, to approve a new application process for the
allocation of lodging tax funding for 2016 ensuring consistency, fairness and compliance with
state regulations. The Committee met again on October 9, 2015, setting a timeline for the
application process and directing staff to hold a workshop for interested applicants on October
28th, 2015. Applications were due on November 20, 2015, and 19 applications were received.
The Committee heard presentations from all applicants on December 4, 2015, and met on again
on December 16, 2015, to finalize its recommendations.
The Lodging Tax Advisory Committee recommends Renton City Council approve 2016
expenditures from the Lodging Tax Fund as follows:
• Renton Technical College, Reading Apprenticeship Conference, $2,500
• Renton Technical College, Reading Apprenticeship in STEM, $2,500
• Renton Civic Theater, 2016 Season, $2,500
• Seattle International Film Festival, 2016 Renton, $20,000
• Renton Chamber of Commerce, 2016 Oktoberfest, $12,500
• City of Renton, Renton Community Marketing Campaign, $50,000
• City of Renton, Seahawks Rally, $10,000
March 7, 2016 REGULAR COUNCIL MEETING MINUTES
• Renton Chamber of Commerce, Return to Renton Car Show, $5,000
• Tasveer, Seattle South Asian Film Festival, $7,000
• Olympic Peninsula Fishing Innovations, Atlantic Salmon Fly Expo, $10,000
• City of Renton, Multi -Cultural Festival, $20,000
Total Recommendation: $142,000
The Committee of the Whole recommended that council approve the above expenditures and
further recommended that the allocation of $75,000 to the Renton Chamber of Commerce for
the Visitor's Center be forwarded back to the Lodging Tax Advisory Committee for additional
information to be brought back to the committee at a later date.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Transportation (Aviation) Committee Vice Chair Witschi presented a report recommending
concurrence in the staff recommendation to accept completion of the SW 27th Street/Strander
Blvd. Extension, Phase 1 Segment 2A Project and approve the final pay estimate of $230,383.90,
subject to receiving the required certifications.
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
RESOLUTIONS AND ORDINANCES
Ordinance for second and final reading:
a) Ordinance No. 5786: An ordinance was read amending Chapter 27, Shopping Cart Regulation,
of Title VI (Police Regulations) of the Renton Municipal Code, by clarifying regulations; adding
definitions for 'Administrator,' 'Identification Sign,' 'Cart Sign,' and 'Impounded Cart;'
delegating the requirements for shopping cart retrieval and containment plans; and adding
fines for violations of this Chapter.
NEW BUSINESS
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME:
7:28 P.M.
March 7, 2016 REGULAR COUNCIL MEETING MINUTES
Megan Gregor, CMC, Recorder
Monday, March 7, 2016
Council Committee Meeting Calendar
March 7, 2016
4'
3:00 PM
Planning & Development Committee, Chair Prince - Council Conference Rm
1. Docket 11 briefing
2. Emerging Issues
CANCELED
Community Services Committee, Chair Witschi
3:00 PM
Public Safety Committee, Chair Pavone - Council Conference Room
1. Emerging Issues in Public Safety
2. Fire Department Data collection Briefing
4:00 PM
Finance Committee, Chair Persson - Council Conference Room
1. Vouchers
2. CROPWALK Fee Waiver Request
3. Lease Amendment with Amazing Grace School
4. Contract for Third Party Liability Administration
5. Request to Reclassify the Human Resources Manager Position
6. Meadowcrest Playground Phase 2
7. Emerging Issues in Revenue Streams
5:30 PM
Committee of the Whole, Chair Corman - Conferencing Center
1. Administration Work Plan Areas of Emphasis
(including homelessness & vulnerable population)
2. Risk Management Annual Report
SAVE THE DATE ))
6/8/2016
{
��- "The Long Night: 7 Lives Forever Changed by the
American Sex Trade
((� Sponsored by: The City of Renton, Renton
r, Ecumenical Association of Churches, and -;))
F.aith.Action"Network
(tic,
"Th Long Nighi" gives voice and meaning to"'th`e
minors who are forced and coerced into the
American Sex Trade
Hear -from a panel of experts including a survivor,
a
a prosecutor, a detective, a lobbyist, and a . (:
service provider, �t
Carco Theater, 1717 SE Maple Valley Hwy,
((( Renton 98057 1 i
I Event: 6:30-9:00
(ll� Date: June 8, 2016.-
Wednesday
<<l'�RSVP: Tina Harris
THarris@rentonwa.ov: -o
<< 425.430.6654
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