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HomeMy WebLinkAboutAgenda Packet for 5/18/2015 AGEN DA RENTON CITY COUNCIL REGULAR MEETING May 18, 2015 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATIONS a. Safe Boating Week- May 16 to 22, 2015 b. National Public Works Week- May 17 to 23, 2015 4. PUBLIC HEARING a. Street vacation petition for a portion of N. 38th St. between Meadow Ave. N and I-405; petitioner -James Tasca, Renton (VAC-15-001) 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, � including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of the Council meeting minutes of 5/4/2015. Council concur. b. Mayor law reappoints the following individuals to the Renton Airport Advisory Committee with terms expiring on 5/7/2018: Marleen Mandt (Kennydale - primary), Kurt Boswel) (Airport-at- ! Large - primary), Karen Stemwell (Aircraft Owner/Pilot's Association - alternate), David Basco (Renton Hill/Monterrey Terrace - primary), AI Banholzer (WA Pilot's Association), and Kenneth Williams (West Hill - primary). Council concur. c. City Clerk reports bid opening on 5/5/2015 for CAG-15-078 — S. 7th St. at Shattuck Ave. S. Intersection Improvement Project; and submits staff recommendation to accept the low bid submitted by DPK, Inc. in the amount of $868,454.32. Refer to Transportation Committee for discussion of funding. Page 1 of 2 d. City Clerk reports bid opening on 5/S/2015 for CAG-15-082 — Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation Project; and submits staff recommendation to accept the low bid submitted by Road Construction Northwest, Inc., in the amount of$498,170.25. Refer to Finance Committee for discussion of funding. e. Court case filed by Gary Hanson and Donna Hanson, represented by Impact Law Group PLLC., vs. the City of Renton, et al. Refer to City Attornev and Insurance Services. i f. Utility Systems Division recommends approval of a contract with Stantec Consulting Services, Inc. in the amount of $386,200 for Design and Bidding Services of the Talbot Hill Sewer Relocation (SR 167 Interchange/Direct Connector) Project. Council concur. S. 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: City of Renton Americans with Disabilities Act Transition Plan* b. Finance Committee: Vouchers 9. RESOLUTIONS AND ORDINANCES Resolution: a. ADA Transition Plan (See S.a.J � Ordinance for first reading: a. Critical Areas Regulations (Approved via 4/6/2015 Planning & Development Committee Report) Ordinance for second and final reading: a. Tax Administrative Rules (1st reading 5/4/2015J 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. AUDIENCE COMMENTS � 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS May 18, 2015 - Monday, 6:00 p.m. County Executive's "Best Start for Kids" Initiative Regional Issues • 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 Page 2 of 2 Den�r w Cl�Of � , �Y` � � V~ � . . � � i + ' � "��'NS� ' . Mayors Office . . � <.�'Yoclamdtion . . �Gt�jiereas,the City of Renton is bounded by Lake Washington shoreline and encompasses numerous waterways; and � - `GV�iereas,a large number of Renton's cesidents of all ages engage in recreational boa�ing; and `Whereas, on average, 700 people die each year in boating related accidents in the U:S.,with the vast majority of those accidents caused by human error and poor,judgment and not by the boat, equipment, or.environmentai factors; and - , `W�iereas, a significant number of boaters who lose their lives by drowning each year�would be alive today had they worn their life jackets; and � � `i�VFiereas,the mission of United States Coast Guard Auxiliary, Flotilla 25, located in Renton, is to promote and improve recreational boating safety by teach�ng boating safety courses and conducting vessel safety checks; Nozv, ��ierefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim May 16-22, 2015, � � to be � • Safe �oating �V�e�, in the City of Renton, and I encourage all Renton residents to dedicate themselvQs to learning about and practicing safe boating; including wearing life jackets. In witness wFiereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 18th day of May, 2015. � , '. ; _ ; - . Denis Law, Mayor � , City of Renton, Washington Renton Ctty Hall • 1055 South Grady Way � Renton,Washingtori 98057- • rentoriwa.gov._ i�= _ Denis Law Ci}��Of ' Mayor - I � � `7 " + U.ti.Y p ♦ •�+ ♦ " � �� � • Mayor's Office �rocldmation 'Whereas, public works services provided in our community are an integral part of our citizens' everyday lives; and _ 'Whereas,.the support of an understanding and informed citizenry is vital to the efficient operation'of public works systems and programs such as water; sewers, roadways, public buildings, and waste collection; and - tiVhereas, the health,safety, and comfort of this community greatly depend on these facilities and services; and �. `Whereas, the quality and effectiveness of these facilities and programs, as well as their planning, design, and construction, are dependent upon the efforts and skill of public works officials; and `Whereas, t�e efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; tillFiereas, 2015 marks the 55th annual National Public Works Week, "Community Begins Here," which speaks to the essential nature of public works services in support of everyday quality of life, is sponsored by the American Public Works Association; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim May 17-23, I'' 2015,to be �dtional�u6Cic �Vorks �Veek � ; in the City of Renton, and I encourage all citizens to recognize the contributions public works I officials make every day to our health, safety, comfort, and quality of life. In witness whereof, I have hereunto set my hand and caused,the seal of the City of Renton to be affixed this 18th day of May, 2015. , Denis Law, Mayor � City of Renton, N/ashington 1` 1 I- t ' , Renton Ciry Hall • 1055 South Grady Way � Renton,Washington 95057 • rentonwa.gov � � CITY OF RENTON COUNCIL AGENDA BILL �� b I Subject/Title: Meeting: Reappointments to Renton Airport Advisory REGULAR COUNCIL- 18 May 2015 Committee Exhibits: Submitting Data: Dept/Div/Board: A. Memo to Mayor Law for Reappointments Executive Staff Contact: April Alexander, x6520 Recommended Action: Council concur. Fiscal Impact: 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 SUMMARY OF ACTION: Mayor Law reappoints the following to the Renton Airport Advisory Committee: Ms. Marleen Mandt, 1408 N. 26th St, Renton 98056, Neighborhood Representative-Kennydale primary position, term expires 5/7/18 Mr. Kurt Boswell, 289 Perimeter Rd, Renton 98057, Airport-at-Large primary position, term expires 5/7/18 Ms. Karen Stemwell, POB 3365, Renton 98056, Aircraft Owner/Pilots' Association alternate position, term expires 5/7/18 Mr. David Basco, 719 Jones Ave 5, Renton 98057, Neighborhood Representative-Renton Hill/Monterey Terrace primary position, term expires 5/7/18 Mr. AI Banholzer, 14923 165th PI SE, Renton 98059, WA Pilots' Association position, term expires 5/7/1� Mr. Kenneth Williams, 410 SW Langston PI, Renton 98057, Neighborhood Representative-West Hill primary position, term expires 5/7/18 STAFF RECOMMENDATION: Concur with Mayor Law's reappointments of Ms. Mandt, Mr. Boswell, Ms. Stemwell, Mr. Basco, Mr. Banholzer, and Mr. Williams to the Renton Airport Advisory Committee with terms expiring on 5/7/2018: w PUBLIC WORKS DEPARTMENT �ty�f ° ���o� �� RECEIVEd M E M O R A N D U M � APR 2 7 �ni� ' DATE: April 27, 2015 /� MAYOR'S OFFICE �i/ T0: Denis Law, Mayor , � FROM: Gregg Zimmermar�Public Works Department Administrator STAFF CONTACT: Jonathan Wilson,Airport Manager, ext. 7477 SUBJECT: Reappointments to the Renton Airport Advisory Committee Several members of the Renton Airport Advisory Committee (RAAC) have terms expiring in May 2015. We have contacted these members and each of them has expressed interest in continuing to serve on the committee;therefore we recommend the below listed individuals be reappointed to the RAAC. I I Member � Area Representing � New Term Expiration � � Marleen Mandt � Kennydale (Primary/Co-Chair) � May 7, 2018 � � Kurt Boswell � Member-At-Large (Primary � May 7, 2018 I � Karen Stemwell � Pilots Association (Alternate) � May 7, 2018 � � David Basco � Renton Hill/Monterey(Primary) � May 7, 2018 � I AI Banholzer I Washington Pilots Association I May 7, 2018 I (Primary) � Kenneth Williams � West Hill (Primary) � May 7, 2018 � cc: 1ay Covington,Chief Administrative Officer Jason Seth,City Clerk April Alexander,Executive Secretary Josef Harnden,Transportation Administrative Secretary I H:\File Sys\AIR-Airport,Transportation Services Oivision\Ol Administration\02 Committees\Airport Advisory\Membership\Reappointments\2015 reappointmentr various 4-22-15.doc � -� � CITY OF RENTON COUNCIL AGENDA BILL � C, Subject/Title: Meeting: Contract Award for Bid Opening on 5/5/2015; REGULAR COUNCIL- 18 May 2015 CAG-15-078; S. 7th St. at Shattuck Ave. S. Project Exhibits: Submitting Data: Dept/Div/Board: A. Staff Recommendation City Clerk B. Bid Tab Staff Contact: Jason Seth, City Clerk, ext. 6502 Recommended Action: Refer to Transportation (Aviation) Committee. Fiscal Impact: Expenditure Required: $ 868,454.32. Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ City Share Total Project: $ N/A SUMMARY OF ACTION: Engineers Estimate: . Schedule A: $578,612 . Schedule B: $150,062 . TOTAL: $723,036 In accordance with Council procedure, bids submitted at the subject bid opening met the two of the three required criteria: . There was more than one bid. . There were no irregularities with the low bid. However,the low bid was not within the project budget. Therefore staff recommends transferring $250,000 from unallocated traffic mitigation funds to cover the budget gap. Therefore, with the fund transfer, staff recommends acceptance of the low bid by DPK, Inc., in the amount of$868,454.32. STAFF RECOMMENDATION: Accept the lowest responsive bid submitted by DPK, Inc., in the amount off$868,454.32, for the S. 7th St. at Shattuck Ave. S. Intersection Improvement project, subject to discussion of funding. S PUBLIC WORKS DEPARYMENT d � ° C�f�oO� M E M O R A N D U M �'N QF REHro DATE: May 12,ZoiS MAY Y 3 20t5 T0: lason Seth,City Clerk RECE1VEp CIT'YCLERK'S OFFICE FROM: � �Robert Hanson,Transportation Design Supervisor,extension /LL7 STAFF CONTACT: lames P.Wilhoit, Project Manager(extension 7319) SUBIECT: S 7th St&Shattuck Ave S Intersection Improvement Project Federal Aid No.CM-1292(002)TIB Project Number 8-1-302(034)-1 Contract CAG-15-078 The Transportation System5 Division recommends that the 5 7th St&Shattuck Ave S Intersection Improvement Project contract be awarded to DPK, Inc., 7829 S. 206th St., Kent,WA 98032, in the amount of$868,454.32.This praject includes a new traffic signal at S 7th St and Shattuck Ave 5, near the South Renton Park and Ride,improving transit access and transit routing circulation around h P rk an t e a d Ride.The project will benefit transit routes accessing the Park&Ride The new traffic signal will be synchronized to the other existing tra�c si nals in the corridor and will B include Transit Signal Priority(TSP}.The project also includes reconfiguring a right turn bus lane to increase radius for better transit access to the South Renton Park&Ride and reconstructing curb radii to be compliant with ADA standards.The project will install new sidewalks on S 7th St(from the beginning of the current bus slip lane to the intersection with Shattuck Ave S),add a landscaped strip between the new sidewalks and the travel lane,add pedestrian scale illumination, marked crosswalks at the intersection, pedestrian countdown signals,and channelization.This project will also provide a net addition of 5 parking spots in the Park and Ride. There were six(6)bids submitted and opened on May 5,2015. DPK had the apparent low bid in the amount of$868,454.32,which exceeded the engineer's estimate of$728,678.86 by 19.2 percent. The second lowest was from 3 Kings Environmental,Inc.,reported in the amount of $888,727.00 but later,when a totaling error was discovered during review,corrected to $892,687.00. The third lowest was from Hoffman Construction,Inc., initially reported in the amount of$957,632.88 but discovered during review to have several bid item extension errors and corrected accordingty to$963,180.14. No errors were found in any of the other three bids received. None of the errors found altered the order of the bids.The apparent high bid was from C.A. Carey Corporation at$1,053,447.41,45 percent above the engineer's estimate. Of the almost$140,000(rounded)gap between the low bid and the engineer's estimate (EE), more than half,$76,000,was the difference between bid and EE for the Traffic Signal System lump sum,$284,000 vs.$203,868,39 percent above.This bid was consistent with or lower than the others so it must be concluded that the EE was unrealistically low.The same goes for the hot mix asphalt(HMA) bid item. DPK's$145 per ton was 81 percent higher than the$80,resulting in another$34,000 of the$140,000 difference. DPK's unit price for this item was actually the highest H:\Divisian.s\TRANSPOR.TAT�DESIGN.ENG�wilhoit\7thshttk\Project f11es Setup\600 Pre-Construction\620 Advertising and Award\7thshtkContract Award swooshgrem.doc ♦ Jason Seth,City Clerk � Page 2 of 2 May 12,2015 but all of the others'were considerably above the EE,which we now realize did not take into proper account the relatively small quantity for asphalt on this project. Despite the difference between the bid and the EE we feel that DPK's bid is a fair representation of the amount of work associated with this project.We do not see any reasonable opportunities to reduce the scope of the project,as there are no major severable elements.This project is important for our relationship with King County METRO and if we do not proceed with it the City would have to pay back almost$200,000 in grant funds received. Rebidding the contrad will further delay the project and increase the risk of even fewer bidders and less competitive pricing. We believe the contract should be awarded. Funding this contract along with a contingency and construction inspection and support services will require an additional$250,000(total funding �equired$1,580,000 vs.$1,330,000),which will be made available from existing unallocated traffic mitigation funds.We request that the additional funding be provided and the contract be awarded. The necessary budget adjustment will be included in the quarterly budget adjustment ordinance. Attachments: Bid Tabs tc: Douglacobson,DeputyPublicWorksAdministrator—Transportation 1im Seitz,Transportation Planning Supervisor James Wilhoit,Project Manager Juliana Fries,Transportation Programming Coordinator Project File h:\division.s\transpor.tat\design.eng�wilhoit\7thshttk\project files setup\600 pre-construction\620 advertising and award\7thshtkcontract award swooshgram.doc .� . CITY OF RENTON 1 of 2 BID TABULATION SHEET Project:S 7th St.at Shattuck Ave.5 CAG-15-078 Date:05/05/2015 FORMS Bid Total from Bidder Proposal I Bid Bond INon-Col I DBE I DBE Schedule of Prices &Adden Ack & Form Dec Cert Conf *Includes Sales Tax , Schedule A C.A. Carey Corporation $785,502.00 PO Box 1006 1 Issaquah Schedule B WA x x x x x $267,945.41 98027 Steve TOTAL BID Murdoch $1,053,447.41 Schedule A DPK, Inc $701,930.00 7829 S. 206th St 2 Kent Sthedule B WA x x x x x $166,524.32 98032 David TOTAL BID Kiyohara $868,454.32 Schedule A Hoffman Construction, Inc $747,377.00 PO Box 845 3 Enumclaw Schedule B WA x x x x x $210,255.88 98022 Brad TOTAL BID Hoffman $957,632.88 Schedule A R.W. Scott Construction Co $815,932.50 4005 West Valley Hwy,Suite A 4 Auburn Schedule B WA x x x x x $178,388.96 98001 Ron TOTAL BID Scott $994,321.46 Engineer's Estimate Schedule A:$578,612;Schedule B:$150,062;Total:$723,036 � CITY OF RENTON 2 of 2 , BID TABULATION SHEET Project:S 7th St. at Shattuck Ave.5 CAG-15-078 Date:05/OS/2015 FORMS Bid Total from Bidder Proposal (Bid Bond INon-Col I DBE ( DBE Schedule of Prices &Adden Ack & Form Dec Cert Conf *Includes Sales Tax Schedule A 3 Kings Environmental, Inc $725,987.00 PO Box 280 5 Battle Ground Schedule B WA x x x x x $162,740.00 98604 George TOTAL BID Schmidt $888,727.00 Schedule A Westwater Construction Co $881,210.00 PO Box 59237 6 Renton Sthedule B WA x x x x x $151,509.68 98055 Michael TOTAL BID Saplis $1,032,719.68 Schedule A Schedule B 7 TOTAL BID Schedule A Schedule B 8 TOTAL BID Engineer's Estimate Schedule A:$578,612;Schedule B:$150,062;Total:$723,036 . CITY OF RENTON COUNCiI AGENDA BILL ?� . Subject/Title: Meeting: Contract Award for Bid Opening on 5/5/2015; REGULAR COUNCIL- 18 May 2015 CAG-15-082; Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation Exhibits: Submitting Data: Dept/Div/Board: A. Issue Paper City Clerk B. Staff Recommendation C. Bid Tab Staff Contact: Jason Seth, City Clerk, ext. 6502 Recommended Action: Refer to Finance Committee. Fiscal Impact: Expenditure Required: $ 498,170.25 Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ 620,611 (See Exh. A) City Share Total Project: $ N/A SUMMARY OF ACTION: Engineers Estimate: $395,000. In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: . There was more than one bid. � . The low bid was within the project budget. . There were no irregularities with the low bid. Additionally, funding is also needed to provide a construction contingency of$69,831.19 (approximately 10%), to cover potential change orders. The additional funding is proposed to come from the Coulon Park Lighting Repairs fund.Therefore,with the fund transfer,staff recommends acceptance of the low bid by Road Construction Northwest, Inc., in the amount of$498,170.25. STAFF RECOMMENDATION: Accept the lowest responsive bid from Road Construction Northwest, Inc., in the amount of$498,170.25 for the Gene Coulon Memorial Beach Park concrete tile rehabilitation project, subject to discussion of funding. COMMUNITY SERVICES p ����0� � DEPARTMENT M E M O R A N D U M DATE: May 18, 2015 T0: Ed Prince, Council President Members of the Renton City Council FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Todd Black, Capital Project Coordinator (x-6571) Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) SUBIECT: Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation— CAG-15•082 ISSUE: Should the construction contract for the Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation be awarded to Road Construction Northwest, Inc. in the amount of $498,170.25? Should Fund 316.332045.020.594.76.63.012 - Coulon Park Lighting Repairs be utilized to fund the project shortfall? RECOMMENDATION: � Award the construction contract to Road Construction Northwest, Inc., in the amount of $498,170.25 and authorize the Mayor and the City Clerk to execute the contract. Approve the transfer of$69,831.19 from Fund 316.332045.020.594.76.63.012 - Coulon Park Lighting Repairs. BACKGROUND SUMMARY: In April 2014, PND Engineers, Inc. provided a geotechnical engineering study with three recommendations for design and construction of two large concrete tile hardscape areas, adjacent to Kidd Valley Restaurant and the North Shelter. These areas have been settling unevenly for many years, and may affect pedestrian and/or ADA accessibility. Removal of the concrete tiles and replacement with a cast-in-place concrete surface minimizes staff time to reset the tiles, and provides the longest asset lifecycle. The City contracted with PND Engineering, Inc. for design services for the concrete tile rehabilitation. The new cast-in-place concrete project was advertised through the Daily Journal of Commerce and seven quotes were received, with all quotes higher than the Engineer's estimate of$395,000.00. The lowest quote of$498,170.25 was submitted by Road Construction Northwest, Inc. Ed Prince,Council President � Members of the Renton City Council Page 2 of 2 May 18,2015 Staff reviewed the Road Construction Northwest, Inc. quote for compieteness and accuracy, performed the necessary background research and is recommending award to Road Construction Northwest, Inc. The estimated construction timeframe is between July 13 and mid-September 2015, commencing upon execution of this contract. Park visitor access to the two restaurants and restrooms will be maintained at all times during construction. Communication with the concessionaire is ongoing. The new cast-in-place concrete cost is$498,170.25. Including the engineering design fees of$92,465.00, new tree and drain grates of$28,757.99, and bid advertising fees of $327.60,total expenses are $619,720.84, leaving a balance of$940.16. In addition, funding is also needed to provide an approximate 10%construction contingency to cover potential change orders. The additional funding is proposed to come from Fund 316.332045.020.594.76.63.012 -Coulon Park Lighting Repairs. All work has been complete, and staff recommends the balance of$69,831.19 be transferred to this project. The new total adjusted project budget will be$690,492.19. CONCLUSION: Awarding the contract to the lowest responsive contractor, Road Construction Northwest, Inc., allows the City to move forward with the rehabilitation of the concrete tiles at Coulon Park. Construction of these new concrete open spaces will reduce long term maintenance activities and costs, and provide safe walking and gathering areas for the most popular park in Renton. Cc: Jay Covington,Chief Administrative Officer Iwen Wang,Administrative Services Administrator Jamie Thomas, Fiscal Services Director Misty Baker,Senior Finance Analyst Tracy Schuld,Senior Finance Analyst COMMUNITY SERVICES p ����0� .� DEPARTMENT M E M O R A N D U M DATE: May 8, 2015 T0: Jason Seth, City Clerk FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Todd Black, Capital Project Coordinator (x-6571) Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) SUBJECT: Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation, CAG-15-082 The Community Services Department recommends that the Gene Coulon Memorial Beach Concrete Tile Rehabilitation project, construction contract in the amount of $498,170.25 be awarded to Road Construction Northwest, Inc., P.O. Box 188, Renton, I WA 98057. There were seven bids submitted for the project.The bid submitted by Road Construction Northwest, Inc. is the lowest responsive bid and the bidder has been found to be responsible. However, the current funding is insufficient to cover the construction budget and an approximate 10%construction contingency, to cover potential change orders. To date, the funding has been used for engineering design, permits, and bid advertising. We are � requesting that the Council refer the Award action to the Finance Committee for further discussion of the funding status for this project. Staff recommends the use of 69 831.19 from Fund 316.332045.020.594.76.63.012 — $ , Coulon Park Lighting Repairs, to make up the project shortfall.The new total project budget will be$690,492.19. The construction contract calls for the removal of the concrete tiles outside of Kidd Va�ley Restaurant and the Picnic Gallery, and adjacent to the North Shelter at Coulon Park. After 30+years of use,the tiles have become maintenance and accessibility concerns due to settling. Cast-in-place concrete will replace the tiles, and will provide a long term and safe surface to these two popular areas. cc: Jay Covington,Chief Administrative Officer Iwen Wang,Administrative Services Administrator , Jamie Thomas, Fiscal Services Director Misty Baker,Senior Finance Analyst Tracy Schuld,Senior Finance Analyst CITY OF RENTON 1 of 2 BID TABULATION SHEET Project:Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation CAG-15-082 Date:05/05/15 FORMS Bid Total from Bidder Bidders Bid Prop. Bid Non-Coll, A/T Schedule of Prices Qual Stmt. Form Bond & Min W *Includes Sales Tax � A-1 Landscaping&Construction, Inc. 20607 SR 9 SE 1 Snohomish X X X X $644,955.00 WA 98296 Naeem Iqbal C.A. Carey Corporation P.O. Box 1006 2 Issaquah X X X X $569,400.00 WA 98027 Steve Murdoch Gary Merlino Construction Co., Inc. 9125 lOth Avenue South 3 Seattle X X X X $498,225.00 WA 98108 Charlie Oliver JEM Contractor, Inc. 12805 Shorewood Drive SW 4 Burien X X X X $539,115.59 WA 98146 Eric Moe Engineer's Estimate $395,000 f CITY OF RENTON z of z BID TABULATION SHEET Project:Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation CAG-15-082 Date:05/05/15 FORMS Bid Total from Bidder Bidders Bid Prop. Bid Non-Coll, A/T Schedule of Prices Qual Stmt. Form I Bond I & Min W *Includes Sales Tax Paul Brothers, Inc. 86015E Revenue Rd 5 Boring X X X X $521,997.15 OR 97009 Scott Paul , Road Construction Northwest, Inc. P.O. Box 188 6 Renton X X X X $498,170.25 WA 98057 Peter Kenney Westwater Construction Company P.O. Box 59237 Renton 7 WA X X X X $618,675.00 98058 Michael Caplis Engineer's Estimate $395,000 4 l � CITY OF RENTON COUNGL AGENDA BILL �• � • Subject/Title: Meeting: COURT CASE: Hanson and Hanson vs. City of REGULAR COUNCIL- 18 May 2015 Renton, et al; CRT-15-003 Exhibits: Submitting Data: Dept/Div/Board: A. Summons & Complaint City Clerk Staff Contact: Jason Seth, City Clerk, ext. 6502 Recommended Action: Refer to City Attorney& Insurance Services I Fiscal Impact: 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 SUMMARY OF ACTION: � 4/30/2015 - Summons filed by Gary Hanson and Donna Hanson, represented by Impact Law Group PLLC, vs. the City of Renton, et al. STAFF RECOMMENDATION: N/A * . ' r . � FILED � 15 APR 24 PM 3:29 1 CiTY OF RENTON �2 p� r ll KING COUNTY � Z APR 3 0 2015 SUPERIOR COURT CLEF K E-FILED � 3 RECEIVED CASE NUMBER: 15-2-10193-'K SEA i CITY CLERK'S OFFICE ` 4 { ��C` �'� �,G�G� Sli✓✓IGG.S � 5 IN THE SUFERIOR COURT OF THE STATE OF WASHINGTON 6 IN AND FOR THE COUNTY OF KING 7 GARY HANSON and DONNA HANSON, individually,and in their marital community ` g comprised thereof. Case No. ; Plaintiffs, i 9 SUMMONS i 10 V� STEVEN RICE attd"JANE DOE RICE," '; i 1 individually and in their marital community comprised thereof; CLARENCE TOLLNER 12 and"JANE DOE TOLLNER,"individually and in their marital community comprised ' thereof; KEVIN LANE and"JANE DOE 13 LANE,"individually and in their marital community comprised thereof; ERIC 14 STEVENS and"JANE DOE STEVENS," ` individually and in their marital community � 15 com�rised thereof; "JOHN DOE"aka ` "ithomas"and"IANE DOE"individuallv and in their matital community comprised thereof; , 16 �JOHN DOE II"aka"Officer Harris"and "JANE DOE II,"individually and in their 1� mazital community comprised thereof; "JOHI�I DOE III"aka"Officer Hansed'and"JANE 18 DOE�II"individually and in their marital community comprised thereof;"JOHN DOE 19 N"aka"Of�cer Bonholzer,"and"JANE DOE N,"individually and in their marital community comprised thereof;"JOHN DOE 20 V"aka"Officer Luther,"and"JANE DOE V," individually and in their marital cammunity , 21 comprised thereof;and,TI�CTTY OF RENTON,a municipal corporatian. 22 Defendants. , 23 IMPACT LAW GROUP PLLC ' SUMMONS �� 1 sEarrL��HINGTONS 8104101039 i � (206)792-5230•(206)984-0796 FAX I � � �. � f i i , ` ' i I 1 TO THE DEFENDANTS: A lawsuit has been started against you in the above-entitled court ( 2 by GARY HANSON and DONNA HANSON,individually,and in their marital community � 3 comprised thereof,the Plaintiffs. Plaindffs' claim is stated in the written complaint, a copy of r 4 which is served upon you with this summons. i 5 In order to defend against this lawsuit,you must respond to the complaint by stating 6 your defense in writing, and by serving a copy upon the person signing this summons within 60 � days after service of this summons,excluding the day of service,or a default judgment may be f g entered against you without notice. A default judgrnent is one where plaintiffis entitled to � i 9 what has been asked for because you have not responded. If you serve a notice of appearance i � 10 on the undersigned person,you are entitled to notice before a default judgment may be entered. I Il You may demand that the Plaintiffs file this lawsuit with the court. If you do so,the 12 demand must be in writing and must be served upon the person signirig this summons. Within �3 14 days after you served the demand the Plaintiffs must file this lawsuit with the court,or the 14 service on you of this summons and complaint will be void. 15 If you wish to seek the advice of any attorney in this matter,you should do so promptly 16 so that your written response,if any may be served on rime. 1� THIS SUMMONS is issued pursuant to Rule 4 of the Superior Court Civil Rules of the 1 g State of Washington. 19 DATED this 24th day of April,2015. 20 IMPACT LAW GROUP PLLC 21 . 22 BY: S�imeer$ingla, WSBA#32852 23 Matthew D.Hartman,WSBA#33054 Of Attorneys for Plaintiffs 1MPACT LAW GROUP PLLC 719 SECOND AVENUF.,SUITE 700 S[J�/(MQNS 2 SEATfLE,WASI-fINGTON 98104-]039 (206)792-5230•(206)984-0996 FAX � , ' r , IN Tf�SUPFRIOR COURT OFTE� STATE OF WASHINGTON IN AND FiOR'I'E� COUN'IY OF KING Gary Hanson and Donna Hansoq tvo. 15-2-]0193-5 SEA rtldNidi�lly azYl m thea tYl3rital ORDFR SETTDVG C(V1L CASE SCI�DULE commimity comprised thereof Plainti�s), ASSICTim JUDGE: O'Donnell, Sean, Dept. 29 vs. Fti.ID nA�: 4l242015 Steven Rice, et wc, et al TRIAL DATE: S/3/2016 Respondent(s) SCOMIS CODE: *ORSCS A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County SuperiorCourt Presiding ludge. L NOTICES NOTTCE TO PLAIIV"I'IFF: The Plaintiff may serve a copy ofthis Order Setting Case Schedule(SchedHle)on the Defendant(s)along with the Summacs and Complaint/Petition. Othenvise,the Plaintiff shail serve the Schedule on the Defendant(s)within 10 days aftec the later of:(1) the filing of the Summons and Complaint/Petitioe or(2) service of the Defendant's first response to the ComplaindPetition,whether that response is a Notice oJAppearnnce,a response, or a Civil Rute 12 (CR 12) motion. The Schedule may be served by regular mad, with proof of mailing to be filed promptly in the form required byCivil Rule 5(CR 5). "I under9tand that I am reqaired to git�e a copy of these documenb to dl parties in this csse." ' � PRINT NA:NE SIGN NAME L NOTICFS (con6nue� NOTICE TO AIJ�PARTiFS: Ail attorneys and parties should make themselves familiar with the King County Local Rules [KCLCR] —especially those referred to in this Schedule. In order to compty with the Schedule,it will be necessary for attomeys and parties to pursue their cases vigorously from the day the case is fled. For eximple, discovery must be undertaken promptly in order to comply with the deadtines for joining additional parties,clai�, and defenses,for disclosing possib[e witnesses [See KCLCR 26],and for meeting the discovery cutoffdate[See KCLCR 37(g)]. . CROSSCLAIlbS, COUNTQtCLAIA-6 A1�1D TE�tD PARTY COMPIAIlVTS: A filing fee of 5240 must be paid when any answer that includes additional claims is filed in an e�usting case. KCLCR 4.2(a)(2) A Confirn�ation of Joinder,Clauns and Defenses or a Statement of Arbitrability must be filed by the dead(ine in the schedule. The couR wil1 review the conSm�ation of joinder document to dete�mine if a hearing is required. If a Show Cause order is issued,aU parties cited in the ordermust appearbefore their Chief Civil Judge. PINDING DUE DATES CANCFT.ED BY I��.ING PAPFRS THAT RFSOLVE TE� CASE When a fu�al decree,judgrnen[,or order ofdismissal of�U parties and claims is filed with the Superior Court Clerl�s �ce, and a courtesy copy delivered to the assigned judge,all pending due dates in this Schedvle are automatically canceled,including the scheduled Trial Date.It is the responsibility ofthe parties to 1) fite suchdispositive documents within 45 days ofthe resolution ofthe case,and 2)strike any pending nwtions by notifying the bailiff to the assigned judge. Parties may also authori�e the Superior Court to strike all pending due dates and the Trial Date by filing a Notrce oJ Settlement pursuantto KCL,CR 41, and forwarding a couResy copy to the assigned judge.If a finat decree,judgment or order of dismissal of all oarties and clai� is not 61ed by 45 days after a No�ice of Settlemenl,the case may be dismissed with notice. If you miss your sc6eduled Trisl Date, the Superior Court Clerk is authoriaed by KCLCR 41(bx2xA) to present an Order ofDismissal,without notice,for failure to appear at the scheduled Trial Date. NOTICFS OF APPFARANCE OR WII'E�RAWAL AND ADDRESS CHANGES: Al1 parlies to rhis action musr keep the court informed of therraddresses. W hen a Notice of Appearance/W ithdrawal or Notice ofChange of Addcess is filed with the Superior Court Clerks O�ce, parties must provide the assigned judge with a courtesy copy. ARBifRATION FQ.IlVG� i�TRL4L DE NOVO POST ARBITRATION FFE: A Statement ofArbittability must be filed by the deadline on the schedule i[the case is subject to msndatory ar6itratioo and service of the original complaint and all answers to clai�, counterclaims and cross-claicns have been filed. If mandatory arbitration is required aRer the deadline,parties�st obtain an order from the assigned judge transferring the case to arbitration. Any perty 81ing a Statement must pay a 5220 ar6itration fee. lf a party seeks a trial de novo when an arb itration award is appealed,a fee of$250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COI�LIANCE F�: All parties will be assessed afee authoriaed by King County Code 4A.b30.020 whenever the Superior Court Clerk must send notice ofnon-compliance of schedule requirements and/orl,ocal Civil Rule 41. IGng County Lacal Rules are nvailable for viewin� at w�wkingcountv.gov/conrts/clerk. , ' R � i.F13G Al.l•��•{.1LG DATE � � � Case Eed an�d heduk Issued. ! 4t24/2015 J Iast Day far Fa7iag Staternent af Arbitrab�ity without e Showing of Good Cause for Iate Filing (See � i�/2I2015 ( KCLMAR2.1(a) and Not�es an oage 2�. 5220 Arbitration &t mus t be paid i �l I DFADGIlVE tofde Confirmation ofJoinderifnotsubjccttoArbitration (See KCI.,CR 4.2(a) and I ld/2/2q15 E Natices on page 2� 1 } � DEADLINE for Hearin�Mot�ns ta Chan�c Csse Assignment Area[KCLCR 82{e)� I iQ1l6J2Q15 � ( pFADLINE for Disclosure ofPossible Primary Witnesses(SeeKCL,CIt 26(b)] � 12J1/2015 I DEADLINE for Disclosure ofPossi6le Additional Witnesses[KCL.Cft 26(b)] � 1/12/2016 � DEAI)LINE for Jury Demand (See KCI.CR 3$(bx2)1 i 1/2b/201b � DEADLINE for Chatige itt Trial Date FSee KCI,CR 40(e}(21� � 112bl20Fb � DFADLINE far Discove.ry Cutoff fSee KCKCR 37{g}� � 3l1512016 � � DFA.DLINE fnr Fng�a inq in A[temative Dispute Resolution(See KCU.'R16(b)1 ! 4/5/2016 � � DFADLINE for Eaachanqe Witness&Exhibit Lists&Uocumentary Fxhbits fSee KCI.CR 4(i)1 � 4/12/2016 � �/ � DFADLINE tofde 3aintConfumation ofTrial Readiness[See KCI�CR. I6(a}(t)� � 4/17120i6 � DEADLINE far Nearin�AisRasitive Pretrial Motians(See KCLCR SG;CRSb3 � '�11��r� �1 � Jaint Statement of Evttienee [See�CCLCR. 4{ic)1 f M2612016 IDEADLINE for filing Trial Briefs, Propased Firrdings of Fact and Conclusions of Law and Jury I 4/26/2016 Instructions(Do not file proposedFindings ofFact and Conctusion afiaw with the Clerk) � I Trial Date (See KCLCR 401 $ 5/3I20ib Tiu J irtd'sestes a dacnmmt ttsai must 6e Sied with thc 5upuior Court Cle�k's O�ce by the d�e shoun m. URCIFR Pur�uantto King Counky Loca( Rule 4[KC`LCR 4},Tf IS ORDII2ED that the parties shatt comply with the schedule iisted above. Penalties,including but noi timited to sanctions set forth sn Locat Rule 4(g)and Rule 37 of the 5uperiar Court Civil Rules,may be impased for non-carr�pliance. It is PURTHIIt QRDFRECI thai the party filing this action must serve this Order Settrng Civil Case Schedule and attachment on all other parties. -��--��-�-�-��e nATm: 4nano i s . PRFSIDING NDCxE � _ —. —._ — —. —— -- -- i � ! � I 1V. QWIIIi ON C1Vll. PROCEIDINGS FOR ASSIC�V'1b�ENT TO JUD(� , li RFAD THIS ORI3IIt B�ORE CONTACCING YUiJR. ASSI(2�tE� JUDGE I This caso is ass+gned to the Superiac CaurE Judge whose name appears in the capt'son of tt►is case schedule. The ass igned Superipr Court Iudge wi7! preside aver and manage this case for a!I pretrial matters. I COMPLIX LTTIGATidN: tf yau anticipate an unusualiy camplex or lengthy triat, please notify the ass igned caurt I as soonas passible. APPLICABLE RUL.6: F.�ept as specifically madified below,ati the provisions ofKing County Local Civit Rules 4 through26 shall apply to theprocessingafcivil cases before Superiar Caurt Judges. The loca!c'svi] rules can be found at http!!v;�su ki�gcountv scavlcaurts/suoerior�gy�#iciv'�Qx. ' CASE SCHE�ULE AND RDQiJIItEMENTS: Deadlinas are set by the case schedule,issued pursuantto i.ocai Civil Rule 4. THE pART`C�S ARE RFSPONSIBLE FOR KNOWING AND COA�"LYING WTI'H ALL DEADLINES Il1�OSID BY THE COURT'S LOCAL CN1L RUI.E'�. A. 3oint Canfirmatioo re�arding Tri�i Resd�ness Repart: No late�than twenty ane(21} days before the triat date,parties shali camplete and fite {with a eopy to the ass igned judge}a joint confumation regort sttting forth urhether a jury demand has been ftled, ihe e�ected duration of the tzial, whether a settlement conference has been held,and special problems and needs(e.g. interpreters,equipment,etc.}. The form is available at http:Jlwww.kinecountv.�qvi��,rtslsuaeriarcaurt.�. If parties wish ta request a CR Ib conference,they must cantact the assigned couri. Plaintiffslpetitianer's counsel is resgons ble fo�cantaeting the other parties regarding said report. B.Settlement/Mec3istianlADR a.Forty five(45}days befare the irial date,caunsei for plaintifflpeFitioner shali submit a wriLten settlement demand. Ten(10) days after receiving plaintiff's/petitioner's written demand,counselfor defendant/respondentshall respond(with a counter offer, if appropriate). b.Tweniy eight(28) days before the tsia!date,a SetttementiMediatianiADR canference shaEl have been held. FAII,LJRE TO CQMPLY W1TH THIS SETT7.Eh1ENT CONFII2ENCE REQUIRF•MII�('I' MAY RE5UL'F IN SAI�ICCIONS. C.Tri�i: Trial is scheduled for 9:00 a.m. on the date on the case schedule ar as soon therea8er as convened by the court. The Friday before trial, the parties should acccss the King County Superior CouR website httn://www.kin�,countv.¢ov/courts/sweriarcourt.asox to confirm trial judge assignment. Infomration can aiso be obtained by calling (206) 2q5-5984. MOTIONS PROCIDUItFS A. Noting of A�lotians Dispositi�e Motions: All surnmary judgment orotherdispositivemotions wi11 beheard with orai argument before the assigned judge. The�rving party must arrange with the hearirig judge a date and time for Ehe hearing,consistent with the court cules. Iocat Civ�! Rule ?and Loca] Civ� Rule 56 govem procedures for su�xnacy judgment or other motions thatdispose of the case in whole or m part. 1'he local civil n�les can be found at htto:l/www.lar�ecountv.eov/courts/s uperiorcouNciv 7.as q�c Nan-ciispositi�e 14�t`sons: These motions,which include discovery motions,wll be ruled on by the assigned judge withnut oral ument,unless otherwise ordered. All such cmtions must be notcd far a date by which the ruling is � requested;this date must lilcewise confarm to the applicable natice requirements. Rather than noting a time of day,the � 1Vote for Mption should state"Without drat Argument" Ivcal Civil Rule 7 govems these motians,which include i discavery rnstians. The locat civil ruIes can be found at httn�t/www.t��gcoun .¢ov jcourtslsuneriarcourtfcivi3.a�. I II I _ —. F – — — — — — — — — — — — — — — , . � . MoNons in Faatily Lw Cases not inwlviug chil�en: Discovery motions to compel, motions in lirnine, motions retating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Fam�y Iaw Motions calendar. Local Civil Rule 7 and King County Family Iaw Local Rules govem these procedures. The tocal ruks can be found at http://www.ldn¢co�n ,g,ov/courts/sun � ���ct/civd.asnx Fhurgency Motions: Under the couR's local civil rules,emergency motions will be allowed only upon entry of an Order ShoRening Time. However, emergency discovery disputes may be addressed by telephone call and without written motion, if the judge approves. B.Original Dceurnents/Working Copies/Filing of Dceuments: All origioal documents must be filed with the C1erk's OPfice. Please see information on the Cierk's Office website at www.kingcountv.eov/courts/clerk regarding the new requirement outlined in LQt 30 that attomeys must e-fde documents in King Counry Superior Court. The eaxeptions to the e-filir�g requirement are also available on the Clerk's Office woebsite. The working copies of all documents in support or opposition must be marked on the upperright comer of the first page with the date of consideration or hearing and the name of the as s igned judge. The assigned judge's worldng copies m�st be delivered to his/her courtroomor the Judges'mailroom Working copies ofmotions to be heard on the Family Iaw Motions Calendar should be filed with the Fam�7y Law Motions Coordinator. On June 1,2009 you will be able to submit woridng copies through the Clerk's office E-Filing application at�v_ww ldn�ountv.eov/caurts/clerk. Service of documents: E�filed documents may be electronically served on parties who opt in to E-Service within the� Filing application. The filer must still serve any others who are entitled to service but who have notopted in. E-Service generates a record of service document thatcan be e-filed. Please see inforrratan on theClerk's oflice website at wH+w.lcineco�ntv,gov/courts/cle�regarding&Service. Original Proposed Order: Fach ofthe parties must include an original proposedorder granting requested relief with the working copy materials submitted on any motion. Do not fde the origina! ofthe proposed orderwith the Clerk of the Court. Should any party desire a copy of the order as signed and filed by the judge,a pre-addressed,stamped envelope shall accompany the proposed order. Presentation of Orders: All ordors,agreed or othenvise,must be presented to the ass igned judge. If that judge is absent,contact the assigned court for further instructions. If another judge enters an order on the case,counsel is responsible for providing the assigned judgewith a copy. ', Proposed orders 5nalizing settlement end/or cismissal by agreement of all pnrfies shal!be presented to the assigned judge or in the F5c Parte Deprtment Fomiat proof in Family Law cases must be scheduled before the assigned judgeby contactingthe bailiff, orformal proofmay be entered in theFx Parte Department. If final order ' and/or formal proot are entered in the I5c Parte Departmeut, couosel is responside for provibng t6e assigned judge with a copy. ' C.Form Memoranda/briefs for matters heard by the assigned judge may not e�eed twenty four(24) pages fordispositive motions and tw�elve(12)pages for non-dispositive motions,unless the assigned judge permits over-length memoranda/briefs in advance of filing. Over-length mernoranda/briefs and motions supported by such memotanda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY W7TA THE PROVISIONS OF THIS ORDER MAY RESIILT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FOR R'ARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED TH1S ORDER. / _ _ � � b � PR6mING JUDGE � I i , , . I � � FILED f 1 15 APR 24 PM 329 _ C I j 2 KING COUNTY ' SUPERIOR COURT CLE RK 3 E-FILED � CASE NUMBER: 15-2-10193•5 SEA I � 4 � i 5 � � 6 ' 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON � IN AND FOR THE COUNTY OF KING I g 9 GARY HANSON and DONNA HANSON, individually, and in their marital 10 community comprised thereof. Case No. 11 Plaintiffs, COMPLAINT 12 v. 13 STEVEN RICE and"JANE DOE RICE," individuall and in their marital community comprised thereof; 14 CLARENCE TOLLNER and"JANE � 15 DOE TOLLNER,"individually and in their marital community comprised thereof; KEVIN LANE and"JANE DOE 16 LANE,"individuatly and in their mazital 1� community comprised thereof; ERIC STEVENS and"JANE DOE STEVENS," 1 g individually and in their marital communitv comprised thereof: "JOHN DOE"aka"ithomas"and"JANE DOE" 19 individuallv and in their marital 20 community comprised thereof; `JOHN DOE II"aka"Officer Harris"and"JANE 21 DOE II,"individually and in their marital community comprised thereof; "JOHTV DOE III"aka"Officer Hansen"and 22 "JANE DOE III" individually and in their marital community comprised thereof; 23 "JOHN DOE IV"aka"Officer Bonholzer," 24 and"JANE DOE N,"individusllv and in COMPLAINT-1 IMPACT LAW GROUP PLLC 1325 FOURTH AVENUE,SUI7'E 1400 SEAITLE,WASHMGTON 98101 (206)792-5230•(206)452-0655 FA?C { � ! � , . � , I � � 1 their marital community comprised thereof;"JOHN DOE V"aka"Of�cer 2 Luther,"and"JANE DOE V,"individually and in their marital comsnunity comprised i 3 thereof;and,THE CIT'Y OF RENT�N, a � mwucipal corporation. � 4 � � 5 Defendants. 6 � COMES NOW,the Plaintiffs,Gary Hanson and Donna Hanson,by and through S their attomeys of record,Sumeer Singla and Matthew D. Hartman of Impact Law 9 Group PLLC,and for cause of action against the Defendants,allege as follows: 10 I 1 I. NRiSDICTION AND VENUE 12 1.1 This action is brought pursuant to 42 U.S.0 § 1983 for violations of Plaintiffs' 13 constitutional rights under the Fourth Amendment to the U.S. Constitution. 14 1.2.This Court has jurisdiction over the subject matter of this ac6on pursuant to 15 RCW 28.08. 16 1.3. The events upon which this suit is based occurred in this judicial district. 17 1.4. Plaintiffs believe, and on that basis allege,that each of the named Defendants 18 19 resides in this judicial district. 20 II. PARTIES , 21 2.1. Gary Hanson("Mr.Hanson'�is one of the Plaintiffs in this action.He is a 22 resident of King County,Washington. 23 24 COMPLAINT-2 IMPACT LAW GROUP PLLC 1325 FOURTH AVF..NIJE,SUITE 1400 SEA'ITLE,WASHINGTON 9R101 (Z06)792-5230•(206)452-0655 FAX , , � 1 - 2.2.Donna Hanson("Mrs.Hanson")is one of the Plaintiffs in lhis action. She is a - � 2 King County, Washington,resident and married to Mr. Hanson. 3 23.Defendant Steven Rice("Officer Rice")was at the time of the incident giving 4 rise to this complaint a Renton Police Department Officer,employed by the City of 5 Renton. 6 � 2.4. Plaintiffs believe that Defendant Jane Doe Rice is married to Of�`icer Rice and g is party to this action in her mazital community. 9 2.5. Defendant Clarence Tolliver("Officer Tolliver")was at the time of the ld incident giving rise to this complaint a Renton Police Department Officer,employed by 11 the City of Renton. 12 2.6. Plaintiffs believe that Defendant Jane Doe Tolliver is married to Officer 13 14 Tolliver and is party to this acdon in her marital community. 15 2•�•Defendant Eric Stevens("Officer Stevens")was at the time ofthe incident 16 giving rise to this complaint a Renton Police Department Officer,employed by the City I 1� of Renton. 18 2.8. Plaintiffs believe that Defendant Jane Doe Stevens is mazried to Officer 19 Stevens and is party to this action in her marital community. 20 2.9. Defendant Kevin Lane("Kevin Lane")was at the time of the incident giving 21 22 rise to this complaint a Renton Police Department Officer,employed by the City of 23 Renton. 24 COMPLAINT-3 IMPACf LAW GROUP PLLC 1325 FOUR'IH AVENUE,SUl7'E 1400 SEATTLE,WASHRJGTON 98101 (206)792-5230•(206}452-0655 FAX I • t . I , . j � i i 1' 2.10.Plaintiffs believe that Defendant Jane Doe Laae is married to Officer Lane - 2 and is party to this action in her marital community. 3 2.11.Defendant John Doe aka jthomas("Officer Thomas")was at the time of the 4 incident giving rise to this complaint a Renton Police Degartment Officer, employed by 5 6 the City of Renton. � 2.12.Plainiiffs believe that Defendant Jane Doe is married to Officer Thomas and g is party to this action in her marital community. 9 2.13.Defendant John Doe II aka O�cer Harris("Officer Hams") was at the time 10 of the incident giving rise to this complaint a Renton Police Department Officer, 11 employed by the City of Renton. 12 2.14. Plaintiffs believe that Defendant Jane Doe II is married to Officer Harris and 13 14 is party to this action in her marital community. 15 2•15.Defendant John Doe III aka Officer Hansen("Officer Hansen")was at the 16 time of the incident giving rise to this complaint a Renton Police Departtnent Officer, �� employed by the City of Renton. �g 2.16. Plaintiffs believe that Defendant Jane Doe III is married to Officer Hansen 19 and is party to this action in her marital community. 20 2.17. Defendant John Doe N aka Officer Bonholzer("Officer Bonholzer'�was at 21 22 the time of the incident giving rise to this comp(aint a Renton Police Department 23 Officer,employed by the City of Renton. 24 COMPLAINT-4 IMPACT LAW GROUP PLLC 1325 F'OUR7N AVENUE,SUITE 140Q SEATTLE,WASHINGTON 98101 ! (206)792-5730�(206)452-0655 FAX � 1 2.18.Plaintiffs believe that Defendant Jane Doe IV is married to Officer � 2 Bonholzer and is party to this action in her marital community. 3 2.19.Defendant John Doe V aka Officer Luther("Officer Luther")was at the time 4 of the incident giving rise to this complaint a Renton Police Department Officer, 5 employed by the City of Renton. 6 7 2.20. Plaintiffs believe that Defendant Jane Doe V is married to Officer Luthcr and g is party to this action in her mazital community. 9 2.21.Defendant City of Renton is a municipal corporation duly incorporated as a �d municipa(ity in King County,Washington State. 11 III. FACTUAL ALLECATIONS 12 3.1.On April 25,2012,Officers Rice,Tolliver, Stevens and Lane responded to 13 14 �'Hanson and Mrs.Hanson's home at 16310 127�'Ave SE,Renton, Washington,in 15 reference to a domestic disturbance. 16 3.2. Officer Rice received information that the"father"had thrown his son on the 1� couch and ripped his shirt. I g 3.3 Officer Rice also received an update that the suspect was chasing the caller 19 down the street swinging a golf club. He received information that the"father"had 20 picked up a metal baseball bat. 21 22 3.4. Prior to Officer Rice's arrival,another Renton Police Officer had arrived at 23 the scene and made contact with Brian A.Hanson,Mr. Hanson's son,as well as one of 24 the iwo individuals who reported the incident to 911. COMPLAINT-5 IMPACT LAW GROUP PLLC 1325 FOURTH AVENUE,SUITE 1400 SFATTLE,WASHINGTON 9810t (206)792-5730•(206)452-0655 FAX i � , � • f , I j � 1 " 3.5. The first Renton Police Officcr that arrived on the scene was advised that i � 2 Brian's father had driven around the comer in a red vehicle. 3 3.6. Officer Rice contacted Brian after the first Officer made contact. Brian told 4 Officer Rice that he went to his parents' home uninvited to discuss a text he received 5 from Mrs. Hanson. 6 � 3.7. Brian told Officer Rice that he got into an argument with his parents. g 3.8.Mrs. Hanson's father William Powell was also present at the house and 9 witnessed Brian's interactions. 10 3.9. Mrs. I-Ianson and Mr.Powell told an officer that Brian was very abusive 11 towazds Mrs. Hanson and physically intimidated her. They also told an officer that 12 they felt Brian's behavior would cause physical harm to them. 13 14 3.10.Mrs.Hanson and Mr. Powell told an officer that Mrs.Hanson,Mr. Hanson, 15 and Mr. Powell,were yelling at Brian and commanding him to leave the house. 16 3.11.Mrs.Hanson and Mr.Powell told an officer that Brian refused to leave and 1� remained in the house. 1 g 3.12.Defendant officers knew that the owners of the house,Mr. and Mrs. Hanson, 19 had revoked Brian's privileged to enter or remain on their premises. 20 3.13.Defendant officers knew that Brian clearly heard Mr.and Mrs.Hanson when 21 22 they told him leave their house. 23 3,14.Brian told Officer Rice that his pazents told him to leave the house. 24 COMPLAINT-6 IMPACT LAW GROUP PLLC 1325 FOURTH AVENUE,SU(TE 1440 SEATTLE,WASHINGTON 98101 (206)792-5230•(206)452-0655 FAX i i1 3.15. Officer Rice encountered Brian in front of the house,and on Mr.and Mrs. � i2 Hanson's property. � 3 3.16. A person is guilty of criminal trespass in the first degree if he or she � 4 � knowingly enters or remains unlawfully in a building. Criminal trespass in the First 5 Degree is a gross misdemeanor.RCW 4A.52.070. 6 7 3.17. Officer Rice and other Defendant officers knew that Brian's privilege to g enter or remain in Mr.and Mrs. Hanson's home was revoked. Offcer Rice and other 9 Defendant officers knew that Brian was aware that his privilege to enter or remain in �� Mr.and Mrs.Hanson's home was revoked. Officer Rice and other Defendant officers il knew that Brian entered and remained in Mr. and Mrs. Hanson's home,even after 12 Brian knew his privileged was revoked. l3 �4 3.18.Officer Rice and no other Renton Police Department officer arrested Brian 15 Hanson for the crime of Criminal Trespass in the Frist Degree. 16 3.19.Officer Rice and Brian were standing in front of Mr.and Mrs. Hanson's �� home. Officer Rice saw Mr. Hanson walking on the east sidewalk carrying a metal bat 1 g in his right hand. 19 3.20.Officer Rice walked toward Mr. Hanson and ordered him to drop the bat. 20 3.21. Mr.Hanson dropped the bat. 21 22 3.22. Officer Rice drew his service revolver and approached Mr.Hanson. 23 3.23.Brian Hanson approached Officer Rice as he was drawing his weapon on Mr. 24 Hanson. GOMPLAINT-7 IMPACT LAW GROUP PLLC I325 FOURTH AVENUE,SUITF.1400 SFATiLE,WASHINGTON 98I0! (2Q6)'192-5230•(20�452-0655 FAX ; , � ; , - i , , t � i ' 1 3.24. Officer Rice commanded Brian Hanson to step back.Brian complied. � 2 3.25. Mrs. Hanson also attempted to get Officer Rice's attention as he approached � 3 Mr. Hanson with his handgun drawn and aimed at Mr. Hanson. i 4 � 3.26. After dropping the bat,Mr.Hanson immediately began to raise his hands in 5 6 air,in an act of submission to Officer Rice's commands. � 3.27. Officer Hanson then drew his taser gun. g 3.28.After he had drawn his taser gun, and was pointing it at Mr. Hanson,Officer 9 Rice immediately fired his gun,striking Mr. Hanson in the middle of his chest. The 10 chazge of 50,000 volts surged through Mr. Hanson's body for the full deployment 11 period of Officer Rice's taser gun. 12 3.29.As the electric current was surging through Mr.Hanson's body, Officer Rice 13 14 �'"as telling Mr. Hanson to get to the ground. 15 3.30. The electric currents caused Mr. Hanson great pain and physical damage, and 16 his body bent in half as Officer Rice tased him. 1� 3.31.Mr.Hanson was in shock,dazed,and confused. He tried to get upright to 18 ask why Officer Rice had tased him. 19 3.32. Officer Rice never gave Mr. Hanson the chance to explain that he was 20 actually trying to defuse the situation with his son Brian. 21 22 3.33. Officer Rice never gave Mr. Hanson the chance to explain that he moved 23 Brian's vehicle to induce him out of the house and have him get away from Mrs. 24 Hanson and Mr.Powell. COMPLAINT-8 IMPACT LAW GROUP PLLC 1325 FOURTH AYENUE,SUITE 1400 SEA7'fLE,WA.SHINGTON 9810! (206)792•5230•(206)452-0655 FAX . � , , . i _ } 1 3.34. Officer Rice never gave Mr.Hanson the chance to explain that he was � Z actually happy to see Officer Rice. This is why he immediately put down the bat. Mr. i � 3 Hanson was hoping that Officer Rice would protect him,Mrs. Hanson,and Mr. Powell 4 from Brian. 5 3.35. Instead, Officer Rice deployed his taser darts the second time. Mr.Rice's 6 � taser once again forced 50,000 volts through Mr. Hanson's body. The chazge circled g through its entire cycle. 9 336.Mr.Hanson dropped to the ground and was helpless,having had 50,000 volts 10 surge through his body twice in less than 2�seconds. 11 3.37.Mr.and Mrs. Hanson's neighbor who lives across the street was not involved 12 in the argument at Mr.and Mrs.Hanson's home. 13 14 3.38.Mr.and Mrs. Hanson's neighbor observed the incident from his window. 15 This neighbor saw Mr. Hanson irnmediately drop the baseball bat when he saw Officer 16 R.ice and immediately put his hands straight up in the air. » 3.39.Mr.and Mrs.Hanson's neighbor saw Officer Rice tase Mr. Hanson while his �g hands were in the air and he was not moving. 19 3.40.After Mr.Hanson was incapacitated from the first taser charge, Mr. and Mrs. 20 Hanson's neighbor saw Officer Rice deploy his taser the second time. 21 22 3.41.Mr. and Mrs. Hanson's neighbor did not see Mr. Hanson make any 23 movements,except put his hands directly in the air,towards Officer Rice before 24 Officer Rice deployed his taser on Mr.Hanson two times. COMPLAINT-4 IMPACT LAW GROUP P4LC 1325 FOURTH AVENUE,SU(TE 1400 SEATI'L�,WASHfNGTON 98101 (206)792-5230•(206)452-0655 FAX � . � " � � � � 1 3.42.Mr.Hanson was arrested on that date. All chazges against Mr.Hanson were " { i 2 dropped arising out of this incident. � 3 3.43. Officers Tolliver,Stevens,and Lane did not intervene when Officer Rice � 4 , deployed his taser twice on Mr. Hanson. 5 3.44. Officer Thomas logged into the Renton Police Department system to allow 6 � Officer Rice to write his narrative report. Plaintiffs believe that Officer Thomas i g reviewed and approved Officer Rice's report. 9 3.45. Officers Harris,Hansen,Bonholzer,and Luther were assigned to this case. 10 plaintiffs believe that Officers Harris,�Iansen,Bonholzer and Luther reviewed and I1 approved Officer Rice's report. 12 3.46. As a result of Officer Rice deploying his taser on Mr. Hanson,Mr. Hanson 13 14 �'as in siguficant and debilitating pain. 15 3.47.As a result of Officer Rice deploying his taser on Mr. Hanson,Mr. Hanson 16 suffered burns all over his body. 1� 3.48. Shortly after Officer Rice deployed his taser on Mr.Hanson,Mr. Hanson 1 g was hospitalized and suffered from sepsis. 19 20 21 IV. FIRST CAUSE OF ACTION ZZ 42 U.S.C.� 1983:VIOLATION OF PLAINTIFF'S ItIGHT TO BE FREE FROM 23 EXCESSIVE USE OF FORCE. 24 COMPLATNT-l0 IMPACT LAW GROUP PLLC 1325 FOURTT{AVF.NUE,SUITE 1400 ' SEATfLE,WASHINGTON 98101 (206)792-5230•(206)452•0655 FAX i � . . � . � � � � • , . . � i 1 4.1.The Plaintiff re-allege paragraphs 1.1 through 3.48 as more fully set forth - i , 2 herein. i 3 4.2.Defendants acted under color of law and with deliberate indifference to the 4 ! rights of Plaintiffs. � 5 ' 6 43.Defendants' acts deprived Plaintiffs of their rights to be free from the � � i � excessive use of force. g 4.4.The Defendants' subjected Plaintiffs to such deprivations by malice and a 9 reckless and conscious disregard of his rights and an award of punitive damages is 10 �,�,�anted against each of the Defendants. 11 4.5.As a direct and proximate result of the Defendants' actions Plaintiffs were 12 forced to endwe physical and mental suffering and emotional distress,were deprived of ]3 14 their physical liberty and subjected to excessive force. ' I 5 V. SECOND CAUSE OF AC'TTON 16 DEFENDANTS NEGLIGE1vTLY HARMED PLAINTIFFS� l� 5.1. Plaintiffs re-allege paragraphs 1.1 through 3.48 as more fully set forth herein. 1 g 5.2.Defendants had a duty of care to Plaintiffs. 19 5.3. Defendants breached their duty to Plaintiffs by Officer Rice deploying his 20 taser on Mr.Hanson. 21 22 'The essential elements of a negligence action are(1)the existence of a duty to plaintifF,(2)breach of 23 that duty;(3)resulting injury;and(4)proximate cause between the breach and the injury."Hurchins v. 1001 Fourth Ave.Assocs.,116 Wn.2d 217,220,802 P.2d 1360(1991). 24 COMPLAINT-11 IMPACT LAW GROUP PLLC 1325 FOURT'H AYENIJE,SUITE 1400 SEA7TLE,WASHMGTON 98101 (206)792-5130•(206)432-Ob55 FAX . ' ` . ' � , , I ' r , � 1 5.4.Plaintiffs suffered in'uries as a result of Officer Rice d lo in his taser on - � l eP Y g � 2 Mr. Hanson. ' ( 3 ' S.S. Defendants breach of their duty,including Officer Rice deploying his taser on ; 4 � Mr.Hanson,was the proximate case of Plaintiffs injuries. 5 6 VI. THIRD CAUSE OF ACTION � THE CITY OF RENTION PROMOTOED UNCONSITUTIONAL BEHAVIOR i g AND CAUSED HARM TO PLAINTFFS2 , 9 6.1.Plaintiffs re-ailege paragraphs 1.1 through 3.48 as more fully set forth herein. �� 6.2.Plaintiffs believe that Defendants were acting pursuant to an expressly I� 11 �� adopted policy by the City of Renton,and Renton Police Departrnent,to ' 12 unconstitutionally deploy tasers on unarmed individuals. 13 14 6.3.Plaintiffs believe that Defendants were acting in this incident based upon a 15 longstanding practice or custom to unconstitutionally deploy tasers on unarmed 16 individuals. �� 6.4.Plaintiffs believe that Officer Rice had the final decision-making authority to 1 g unconstitutionally deploy his taser on an unarmed Mr. Hanson when he posed no 19 danger to Officer Rice. 20 21 2 To establish municipal liability,the plaintiffmust identify a custom,practice,or policy that causes his 22 or her injury.Monne!!v. DepY of Soc.Servs.,436 U.S.658,690-92,98 S.Ct.2018,56 L.Ed.2d 6l 1 (1978).This can be established through any one of the following theories:(1)that a county employee 23 was acting pursuant to an expressly adopted official policy;(2)that a county employee was acting pursuant to a longstanding practice or custom;(3)that the individual who committed the wrong had final decision-making authoriry;or(4)that someone with final decision-making authoriry ratified a 24 subordinate's action and its basis,Ly[le v. Carl,382 F.3d 978,982,987(9th Cir.2004) COMPLAINT-12 IMPACT LAW GROUP PLLC 1325 FOUR'TH AVENUE,SUI7'E 1400 SEATTLE,WASHMGTON 98101 (206)792-5230•(206)452-0655 FAX . • � . 1 6.5.Plaintiffs believe the Defendants who supervised Officer Rice ratified Officer - Z Rice's acrions when he unconstitutionally deployed his taser on an unarmed Mr. 3 Hanson. 4 6.6.Allegations noted in 6.1 through 6.5 caused injury Plaintiffs. 5 6 VII. RESERVATION OF RIGHTS � 7.1.Plaintiffs reserve the right to add additional pacties to this lawsuit as well as g make further claims and/or amend claims set forth herein as may be warranted by 9 discovery. 10 �u, NRY DEMAND ll Plaintiff demands a trial by jury. 12 IX. PRAYER FOR RELIEF 13 14 Having stated their claims against Defendants,Plaintiffs pray for the following 15 relief: 16 1.Judgment against the Defendants for compensatory damages,including 1� general and special damages,in an amount to be proven at trial; 1 g 2. Judgment against Defendants for punitive damages; 19 3. An award of costs and attorney's fees,as provided in 42 U.S.C. 1988,and 20 other Provisions of statutory and common law;and 21 22 23 �� 24 COMPLAINT- ]3 IMPACT LAW GROUP PLLC 1325 FOURTH AVENUE,SUITE 1400 SEATTLE,WASHING?ON 9810] (206)192-5230•(206)452-0655 FAX ( ' � - � � � . � � - . , ; � 1 " � � � ' 2 4. For such other relief as the Court may deem just and equitable. � � 3 DATED this 24�'day of April,2015. ` 4 i ' S IMPACT LAW GROUP PLLC � 6 � By: i�i� .: �_ � S�Singla�VSBA�1Vo�32852 g Matthew D. Hartman,WSBA No. 33054 Impact Law Group,PLLC 9 1325 Fourth Ave Suite 1400 10 Seattle,WA 98101 Telephone: (20�792-5230 11 Fax: (206)452-0655 Email:sumeer@impactlawgroup.com 12 Email: matt@impactlaw�roup.com Attomey for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 COMPLAINT-14 IMPACT LAW GROUP PLLC 1325 FOURTH AVF.NUE,SU['CE 1400 SEATTLE,WASHINGTON 98101 (206)792-5230•(206)452-0655 fAX CITY OF RENTON COUNCIL AGENDA BILL �, �, Subject/Title: Meeting: Engineering Consultant Agreement for REGULAR COUNCIL- 18 May 2015 Talbot Hil) Sewer Relocation (SR 167 Interchange/Direct Connector) Project— Design and Bidding Services Exhibits: Submitting Data: Dept/Div/Board: A. Issue Paper Public Works B. Engineering Consultant Agreement Staff Contact: Dave Christensen, Wastewater Utility Engineering Manager, ext. 7212 Recommended Action: Council Concur. Fiscal Impact: Expenditure Required: $ 386,200 Transfer Amendment: $ N/A Amount Budgeted: $ 500,000 Revenue Generated: $ 1,500,000 Total Project Budget: $ 1,500,000 City Share Total Project: $ 0 SUMMARY OF ACTION: Washington State Department Of Transportation (WSDOT) has requested that the City take the lead on the sewer relocation effort required as part of the WSDOT SR 167 Interchange/Direct Connector (IC/DC) Project to best manage the needed improvements. WSDOT will fully fund the alternatives analysis, design, and construction of the necessary improvements.The alternatives analysis was completed in 2014. The Wastewater Utility would like to enter into a consultant agreement with Stantec Consulting Services, Inc. to provide engineering services needed to complete final design and provide support during the bidding process for construction as part of the Talbot Hill Sewer Relocation Project located � on Talbot Hill, adjacent to I-405 from Lake Avenue South to Talbot Road South, which is required as a part of the WSDOT SR 167 IC/DC Project. The agreement with Stantec Consulting Services, Inc. covers final design services and services during bidding as part of the relocation of the existing City-owned sanitary sewer mains impacted by the ' proposed WSDOT work. Stantec Consulting Services, Inc. was selected from the approved 2015 Architecture and Engineering Roster on the eCityGov Alliance Shared Procurement Portal. This agreement is for the amount of$386,200. The approved Talbot Hill Sewer Relocation Pro�ect budget for 2015 is$1,500,000. STAFF RECOMMENDATION: Approve a contract with Stantec Consulting Services, Inc. in the amount of$386,200 for Design and Bidding Services of the Talbot Hill Sewer Relocation (SR 167 Interchange/Direct Connector) Project. PUBLIC WORKS DEPARTMENT ��rof ;, D Q��O� �:�' M E M O R A N D U M DATE: May 11, 2015 TO: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerm n lic Works Administrator , STAFF CONTACT: Dave Christensen, Wastewater Utility Manager, ext. 7212 B . En ineerin Consultant A reement with Stantec Consultin SU 1ECT• g � � � Services, Inc. for the Talbot Hill Sewer Relocation (SR 167 Interchange/Direct Connector) Project—Design and Bidding Services ISSUE: , Should the Wastewa#er Utility enter into a consultant agreement with Stantec Consulting Services, Inc. in the amount of$386,200 to provide engineering services needed for final design and bidding services needed as a part of the WSDOT SR 167 Interchange/Direct Connector Project? RECOMMENDATlON: Authorize the Mayor and City Clerk to execute the consultant agreement with Stantec Consulting Services, Inc. in the amount of$386,200 for the Talbot Hill Sewer Relocation (SR 167 Interchange/Direct Connector) Project—Design and Bidding Services. BACKGROUND SUMMARY: The Wastewater Utility has been working with WSDOT on their proposed SR 167 Interchange/Direct Connector Project. One of the critical timing elements for both WSDOT and the City is the relocation of the City's existing sewer system on Talbot Hill needed as a result of the widening and interchange work proposed by WSDOT. The relocated sewer work includes potential realignment of our sanitary sewer system that requires depths in excess of 40 feet. To best facilitate the relocation of the City's sewer system, City staff and WSD07 have agreed that the best approach would be for the City to manage the effort, with WSDOT agreeing to reimburse all consultant, design I and construction expenses for the relocation of the sewer system. Mr.Prince,Council President Page 2 of 2 May 11,2015 The City has received and signed the initial agreement from WSDOT for the alternatives analysis that was completed in 2014. Amendment No. 1 to this agreement has also been signed by the City and provides for full reimbursement of all of the consultant costs up to the maximum contract amount of$386,200 for design and bidding purposes. Total estimated costs for this project were updated as part of the afternatives analysis. Design costs, including the alternatives analysis is estimated at$500,000. Construction costs are currently estimated at$2,800,000,for a total projed cost of$3,300,000. Current 2015 budget for the overall project is $1,500,000 (426.465506). Upon conclusion of the final design effort we will bring the design level construction estimate to the Council to adjust the total budgeted amount. We will onty proceed with construction of these improvements when we receive approva�from WSDOT to fund 100%of our construction costs for the project. Stantec Consulting Services, Inc. was selected from the approved 2015 Architecture and Engineering Roster on the eCityGov Alliance Shared Procurement Portal. CONCLUSION: The City Wastewater Utility taking the lead in this effort is the best alternative for both the City and WSDOT as it assures that the City gets the improvements it needs and allows WSDOT to expedite this portion of the work. In order for the Wastewater Utility to proceed, it is necessary for Council to authorize the Mayor and City Clerk to execute the contract with Stantec Consulting Services, in the amount of$386,200. Attachment:Vicinity Map tt: Lys Hornsby,Utility Systems Director Hai Nguyen,Finance Budget Analyst H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2015 Correspondence\Talbot Hill Stantec Final Design Issue.doc\DMCtp Legend City and County Boundary _ Othar `'f City of Renlon , Parcels , ` � , � Wastwater Mains w CiIY.Gravity il � ' CNy,Face 515 = Pnvate,cna IIII Pnvate,Face � �Kr,o�v 'i King County Mains _J� � ' Graviy ■ � Face + Waier Project Sites � � � Water Project Corridors � Water Project Areas � • Wastewater Project Sites � Wastewater Project Corcidors � � Wastewater ProJect Areas . • Stormwater Project Sites - � Stormwater Project Cortrdors � Stormwater ProJect Areas � � � �67 �c�r�� � ���SE�� � �[�D�A-TlD�.I��.1E�-/ _ � � Information Technology-GIS Tlus map is a user generated static output trom an Intemet mapping site and 391 � �95 391 Feet is lor reterence onty Data layers that appear on this map may or may not be Clty Of O� RentonMapSupport@Rentonwa.gov accurate,current,or otherwise reliable - WGS 1984 Web Mercator Auxd�ary Sphere Finance&IT Division 02/12/2014 THIS MAP IS NOT TO BE USED FOR NAVIGATION E1-2015 � � ENGINEERING CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this ,day of , ,by and between the CITY OF RENTON,WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY,"and STANTEC CONSULTING SERVICES INC. whose address is 11130 NE 33rd Place,Suite 200, 8ellevue,WA 98004, at which work wiil be available for inspection, hereinafter called the"CONSULTANT." PROJECT NAME:Talbot Hill Sewer Relocation(SR167 IC/DC Project)—Design and Bidding Services WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fulfy qualified to perform the work to which they will be assigned in a competent and professional manner,and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms,conditions,covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish,and hereby warrants that it has,the necessary equipment,materials,and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A,Stope of Work,which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations,guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes,amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an"Extra Work"item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work,even though the work has been accepted by the City. I I DESIGN CRlTERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible,shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines,and specifications,including, but not limited to the following: Page 1 of 14 Piazza/Data_Center/Farms/City/Contracts � �1-2015 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge,and Municipal Construction,"as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transpo�tation, "Materials Laboratory Outline." 8. Transportation Research Board,"Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. � 14. The City adopted King County Surface Water Design Manual,Sections 1.2 and 1.3 of Chapter 1,and Chapters 2, 3,4,5,and 6. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." , III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the I preparatio�of the plans,studies,specifications,and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonabfy rely upon the accuracy,timeliness,and completeness of the information provided by the City. Should field studies I be needed,the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Page 2 of 14 Piazza/Oata Center/Farms/City/Contracts L E1-2015 ' ' IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents,exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps,drawings, photo,photographic negatives,etc. used in the project,shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper,as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit e,Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If,after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revi5ion to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shaEl be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C,Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,equipment,and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours)and dates during which the work was perFormed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$386,200 without a written amendment to this contract,agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost,overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set torth in the attached Exhibit C and by this reference made a part of this Agreement. Page 3 of 14 Piazza/Data_Center/Forms/City/Contracts � E1-2015 2. The overhead costs as identified on Exhibit C are determined as percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel,reproduction,telephone, supplies,and fees of outside consultants. The direct non-salary costs are spetified in Exhibit C,Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of the invoiced amount. Such invoiced amount must be reasonable for similar services within the area of the sub-consultant's profession. 4. The net fee,which represents the Consultants profit shal�be percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a I supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment,subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actuafly incurred to date as supported by detailed statements,for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section Vlli "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reseroed in writing and transmitted to the City by the Consultant prior to its acceptance. Said�nal payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City,for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to,or bearing upon,these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. Page 4 of 14 Piazza/Data_Center/f orms/City/Contrac[s E1-zois � ' vii CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City,without additional compensation. Should the City find it desirable for its own purposes to have previously satisfadorily completed work or parts thereof revised,the Consultant shall make such revisions,if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VI I! EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work wilf be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any , claim by the Consultant for compensation as Extra Work. i IX EMPLOYMENT I The Consultant warrants that it has not employed or retained any company or person,other than a bona fide I employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person,other than a bona fide employee wo�king solely for the Consultant,any fee, commission, percentage, brokerage fee,gifts or any other consideration,contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this I Agreement without liability,or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee,commission, percentage, brokerage fee,gift or contingent fee. Any and all employees of the Consultant, whife engaged in the performance of any work or services required by the Consultant under this Agreement,shal! be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage,on a full or part-time basis,or other basis,during the period of the contract, any professional or technical personnel who are,or have been at any time during the period of this contract, in the ' employ of the tity except regularly retired employees,without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interoiew process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client,employee or applicant for employment or for services because of race,creed,color, national origin, marital status, sexual orientation,sex,age or handicap except for a Page 5 of 14 P iazza/Data_Center/Forms/City/Contracts E 1-2015 bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising;layoff or termination's; rates of pay or other forms of compensation;selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATfON OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days written notice to the Consultant,subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant,or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties fisted in the previous paragraph, should the surviving members of the Consultant,with the City's concurrence,desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a�nal payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shalf be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized ext�a work completed. No payment shall be made for any work completed after ten (10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City ot employing anather firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work,the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project,shall be without liability or legal exposure to the Consultant. Page 6 of 14 Piazza/Data_Center/Forms/City/Contracts E1-2015 F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for �, failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitiement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Public Works Administrator or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County at the Maleng Regional lustice Center in Kent,Washington. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government,State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims,demands or suits at law or equity arising in whole or part from the Consultant's errors,omissions,or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims,demands or suits based upon the conduct of the City,its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents,officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. Insurance a. Consultant's Insurance.Consultant shall secure and maintain the following insurance policies,and shall not cancel or suspend the insurance policies identified below,except after twenty(20)calendar day's prior written notice by certified-mail to the City of Renton: i. Commercial General Liability Insurance:Commercial general liability insurance in the minimum �! amounts of$1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. ii. Automobile Liability insurance:With a minimum combined single limit for bodily injury and property damage of$1,000,000 for each accident. This is required of all consultant and professional service providers where a vehicle will be utilized to perform,prepare to perform or satisfy the Scope of Services. Renton may request a copy of ConsultanYs driving record abstract."Consultant" in this Subsection shall mean the Consultant providing professional services,as well as the consultant's agents,employees, representatives,and/or volunteers who may operate a motor vehicle in relation to any Service to be provided under this Agreement. Page 7 of 14 Piazza/Data Center/Forms/City/Contracts E 1-2015 iii. Professional Liability Insurance: Professional liability insurance, in the minimum amount of $1,000,000 for each otcurrence,shall also be secured for any professional services being provided to Renton that are excluded in the commercia!general liability insurance. iv. Workers'Compensation:Workers'compensation coverage,as required by the Industrial Insurance laws of the State of Washington. v. Renton as an Additional-Insured: It is agreed that on ConsultanYs commercial general liability policy,the City of Renton will be named as an Additional-Insured on a primary and non-contributory basis. Any coverage maintained by the City of Renton is solely for the coverage and benefit of Renton,and its elected officials, ' officers,agents, employees, representatives and volunteers. vi. Verification of Caverage:Subject to Renton's review and acceptance,a certificate of insurance showing the proper endorsements,shall be delivered to Renton before executing the work of this Agreement. b. Review of Policy: Upon request, Consultant shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Managers review.The policy limits may be reviewed and the value reassessed annually or as required by law. c. Termination: Notwithstanding any other provision of this Agreement,the failure of Consultant to comply with the above provisions of this sedion shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications,estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for,any statement, representation,promise,or agreement not set forth herein. No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be canstrued in all respects as if such invalid or unenforceable provision were omitted. Page 8 of 14 Piaua/Data_Center/Forms/City/Contracts r --..—. —. —.— — -- - — _ _ _ _ _ , E1-2415 I XVI! EXECUT{tJN AND ACCEP7ANCE This Agreement may ae simultaneousfy executed in several counterparts,each af which shall be deemed to be an original having identical fegal effect. The Consultant does hereby retify and adopt all statements, representations, warranties,covenants, and agreernents cantained in the Request for qualificatians,and the supporting materials submitted by the Consultant,and does hereby accept the Agreernent and agrees to all of the terms and conditions thereof. 1N WiTNE55 WNEREOF,the parties hereta have executed this A�reement as of the day and year first above written. ^�.•� ..� ClTY OF RENTON %,�,'� �J'r ' � D �e Mayor Date Erik Waligorski �type pr print name ATTEST: Prindpal � itle lason Seth,City Cterk � � Page 9 of 14 I P ia zz a/Data_Cen ter/Porms/Ciry/Co n ira cts � — � — -- -- Talbot Hil1 Sewer Relocation-SR167 IC/DC Project Exhibit A Scope ol Services-Design&Bidding Services Page 1 of 5 SCOPE OF SERVICES City of Renton Talbot Hill Sewer Relocation—SR1671C/DC Project Design and Bidding Services Stantec Consulting Servtces Inc. PROJECT DESCRIPTION AND PURPOSE The purpose of this project is to relocate the existing sewer in South 14'h Street to make way for the new WSDOT SR167 InterchangelDirect Connector (IC/DC) Project. Currently, the existing sewer serving Talbot Hill is conveyed through an existing sewer line along South 14"' Street, collecting sewer from either side of Talbot Hi(I, before conveying it under I-405 along the extension of Shattuck Avenue S. This project will relocate the existing sewer in South 14cn Street to the south approximatefy�/z block and will reroute the sewer across I-405 via one of three possible alternatives that have been identified by the City and WSDOT. The project has been broken into the following three phases: • Phase I —Alternatives Analysis • Phase II —Design Development • Phase III —Construction Services Phase I of the project has been completed and consisted of an alternatives analysis. The purpose of the alternatives analysis was to clarify the project goals, establish design criteria and evaluate afternative solutions before proceeding with final design and construction. The alternatives analysis included the evaluation of three alternative crossings of I-405. Each alternative also evaluated the relocation of the South 14`h Street sewer to the south, through Talbot Hill. The alternatives analyzed during Phase I of the project consist of the following: 1. The installation of new sewer lift station(s), possibly one on each side of Talbot Hill. Relocating the sewer from South 14`h Street and re-grading the sewer to flow to the new lift stations. Sliplining the existing sewer crossing of I-405 at Shattuck Ave S with a new sewer force main to convey flow from the sewer lift stations to the existing system on the north side of I-405. 2. Installing a new sewer crossing under I-405 at the extension of Smithers Ave S. to maintain the new sewer at shallower depths than the existing Shattuck crossing. The sewer crossing of I-405 would be a trenchless installation. Relocating the sewer from South 14th Street and re-grading ihe sewer to flow by gravity to the Smithers crossing. This would likely require a trenchless installation through Talbot Hill, which roughly peaks at Davis Ave S. 3. Installing a new sewer crossing under I-405 via conventional open cut construction along Talbot Road S. Relocating the sewer from South 14`h Street and re-grading the sewer to flow by gravity to the Talbat Road crossing. This would likely require a trenchless installation through Talbot Hill, which roughly peaks at Davis Ave S. At the end of the Phase I—Alternatives Analysis work, it was determined that the City would proceed with Alternative 2 identified above consisting of a new trenchfess instaflation along South 14"' Street where required and a new trenchless crossing of I-405 at Smithers Ave S. V\2002 active�20020036061menagement budget Oesign Bidding PhazelTalhot Hi1 Sewer Relocatian Scope_Design 8 8iddn�fiEVISED 20150470.doc 4/13/2015 Talbot Hill Sewer Relocation SR1671C/DC Project Exhibit A Scope ol Services-Design&Bidding Services Page 2 of 5 SCOPE OF SERVICES AND TASKS This scope of services consists of the following tasks: PHASE II — DESIGN DEVELOPMENT Task 200 Project Management Stantec shall provide the project management services necessary to comply with the Project Management Plan developed as part of this task. Stantec shall work closely with City staff to develap a Project Management Plan that includes a detailed scope of services, budget, and schedule that meets the City's overall needs. This task shall also include the daily, ongoing project management through the completion of Phase I of the project. This task includes monitoring progress against the Project Management Plan, attending periodic status meetings with the City, and preparing monthly status reports. Specific tasks for this effort are as follows: • Develop a Project Management Plan for the Phase II—Design Development • Conduct a project kickoff meeting • Prepare monthly status reports � Provide ongoing project management throughout Phase II of the project • Monitor progress against projected schedule, scope of service, and budget and administer monthly invoicing to City • Subconsultant procurement and coordination Deliverables: • Draft and Final Project Management Plans including Scope of Services, Budget, and Schedule � Monthly invoices and status reports Task 201 Geotechnical Investigation The purpose of the Geotechnical Investigation task is to identify the geotechnical conditions for the proposed alternative. This task includes obtaining available borehole laboratory test data that has been collected by WSDOT for the SR167 IC/DC Project, conducting up to 5 additional bore hole investigations along the specific alignment of Alternative 2, and preparing a geotechnical report to be used in the design and construction of Alternative 2. Specific Tasks for this effort are as follows: � Develop a Hazard and Safety Plan (HASP), coordinate utility locates using a private locating company, and coordination of the geotechnical investigation � Conducting up to 5 drilling and sampling locations along the preferred alignment • Conduct a laboratory analysis of the soil removed from the bore hole investigations • Prepare a draft geotechnical report • Conduct internal review of the geotechnical report and information • Prepare a final geotechnical report for submittal to the City and use in the design and bidding of Alternative 2 V.�2002�acbveV2002003606�manapement butlgel Oesign-Bitlding Phase Talbot HIII Sewer Relocadon Sco�Desipn 8 BiddnA REVISEO 2D150410.doc 4 13 2015 Talbot Hilt Sewer Relocation-SR167 IC/DC Project Exhibit A Scope ol Services-Design&Bidding Services Page 3 of 5 Deliverables: • A draft and final Geotechnical Report summarizing the geotechnical investigation cornpleted as part of this task (one copy submitted electronically) Assumptions: � No more than 5 subsurface geotechnical explorations will be compteted as part of Phase 11 of the project Task 202 Design The design phase will include developing design Drawings, Specifications, and an Opinion of Probable Construction Cost (OPCC) that may be used by the City to obtain bids from Contractors to construct the improvements. Copies of these documents will be sent to the City for review and comment at the 50%, 90%, and Final design stages. Design efforts will address all comments received from previous stages of the project. Stantec will perform a topographic survey of the proposed route north of I-405 along the extension of Smithers Avenue S ta S. Renton Village P{ace. Stantec will also assist the City in obtaining necessary easements for the proposed route north of I-405 which falls outside of the proposed WSDOT ROW. Stantec will provide quality assurance and quality control (�A/QC) reviews by senior technical engineers of the design documents prepared in order to minimize potential change orders and overall project costs. Stantec will also provide a constructability review by an experienced construction field representative. Stantec will assist the City in obtaining the necessary permits for the construction of the project. This scope of services assumes that Stantec will prepare a permit ready set of design drawings and the Utility Franchise Permit package and will submit the package to WSDOT for approval. It is assumed that WSDOT will help facilitate obtaining the necessary WSDOT utility franchise permit for the crossing of I-405. This scope further assumes that the sewer relocation will fall under the current WSDOT SEPA/NEPA for the Renton to Tukwila Corridor Improvement Project and the JARPA permits for the SR167 I-405 IC/DC project and that no additional environmental studies will be required as part of the City's project. Stantec will prepare a project specific Storm Water Pollution and Prevention Plan (SWPPP) for the City's project. It is assumed that the City will not be required to provide mitigation for disturbing environmentally sensitive areas, but that any mitigation requirements are covered under the credit bank established by WSDOT for the SR167 I-405 IC/DC project. Stantec will contract with Staheli Trenchless Consultants (STC) for the analysis and design of the trenchless installations. STC will provide input into the geotechnical investigations and review the geotechnical data. STC wifl provide trenchless cost estimates, schedules, specifications, and calculations on the following trenchless methods: HDD, AXIS, Guided Auger Bore, and Guided Pipe Ram. STC wilf also provide QA/QC on the trenchless design drawings. Once the design is complete and approved by the City, Stantec will aid the City in obtaining bids from contractors by providing camera-ready bid documents and assisting the City in answering any prospective bidder's questions during the bid period, as needed. We will also provide an OPCC the City may use for comparison purposes during its bid review. Stantec will evaluate possible construction sequencing that will best facilitate the needs of the WSDOT project to allow Olympic Pipeline to perform their petroleum line relocation simultaneously with the City sewer relocation project. Specific Tasks required for this effort are as follows: V:V20021acGve�2002003606 managemerrilhudget Design•&dding PhaselTalbot H81 Sewer Relocatian Scope_Design 8 BidtEng_REVISE� 20150410 doc 4/t 3/2015 Talbot Hill Sewer Relocation—SR167 IC/DC Project Exhibif A Scope ol Services—Design&Bidding Services Page 4 of 5 • Conduct a site investigation visit to review project set up and lay down areas that can be used for the trenchless installations • Perform topagraphic survey of new I-405 crossing between I-405 and existing sewer in South Renton Village Place and prepare necessary easement exhibits for City use • Coordinate with WSDOT to obtain latest SR167 IC/DC project information, including updated ROW plans and house demolition schedule � Prepare and submit design drawings, specifications/contract documents, and OPCC to the City at 50%, 90%, and final design stages. The City wil{ provide copies of its latest standard specifications to facilitate this task • Verify system hydraulics of the proposed design using the City's Ultimate Hydraulic Model � Internal review of 50%, 90%and Final Drawings, Specifications, and OPCC prior to submittal to the City • Perform internal constructability review of the 50% and 90%design using experts in the design and construction of trenchless projects • Attend design coordination meetings with the City, Olympic Pipeline and WSDOT at 50% and 90%design stages to discuss review comments • Prepare utility franchise permit package for submittal to WSDOT for the new crossing of I-405 � Prepare a project specific SWPPP Deliverab/es: � Three half-size reproducible paper review copies of the 50% and 90%design drawings, specifications, and OPCC , • One reproducible quality paper copy of the final bid documents including half-size and I, full-size (22"x34") drawings, specifications, and associated contract documents (permits, wage rate tables, studies, etc.) for the City's use in obtaining bids to construction the improvements • One electronic (PDF) copy of the final bid documents as described above for use by the City in electronically bidding the project using online bid centers • WSDOT utility franchise permit package for I-405 crassing � Project specific SWPPP • One electronic (PDF) copy of required easement exhibits to assist City in obtaining required easements Assumptions: • WSDOT will help facilitate obtaining the required WSDOT utility franchise permit for the trenchless crossing of I-405 • The proposed project will fall under WSDOT's SEPA/NEPA application for the Renton to I Tukwila Corridor Improvement Project and the JARPA for the SR167 I-405 IC/DC Project and no additional environmental studies will be required by the City of Renton Task 203 Bidding Services ��� Stantec will provide assistance during the bidding process to include preparing for and attending I a prebid meeting, answering bidder questions during the bid period, assistance with up to 3 addenda, attending the bid opening, and reviewing the bid tabulation as required. Specific Tasks required for this effort are as follows: • Assist City with answering prospective bidder's questions during the bidding period V:�2D02lective�2002003606 managerrentWudgehDesign-Biddinq Phase Talbot Hill Sewer iielacation Sco�Design 8 8iddnq REVISED 20150410 doc 4/13/2015 -� - - i Exhibit A � Page 5 015 � Prepare for and attend a prebid meeting • Assist in the preparation of up to three (3) addenda (as required) • Attend the bid opening • Review of the bid tabulation (as required) Deliverables: • Answers to bidder's questions in the form of electronic email to the City • Preparation of up to three (3) addenda (as required) Assumptions: � Stantec will not be required to reproduce bid sets to be distributed to prospective bidders • The City will be responsible for the review of Contractor's references as part of the bidding process • The City will be responsible for the creation and maintenance of the bidder's list and will distribute any required information, including addenda and/or clarifications • The City will prepare the award recommendation END OF EXHIBIT A V:�2002�active�Z002003606Unenepement�budget�Design-Bidding Phase Talbot HiIlSewer Relacation Scope_Oesign 8 Bidding_REYISED_201504t0 doc 4/13/2015 Talbot Hill Sewer Relocation-SR 167 IC/DC Project Fxhibit 8 Schedule-Design&Biddirx,�Services Page 10/i EXHIBIT B SCHEDULE City of Renton Talbot Hill Sewer Relocation-SR167 IC/DC Project Design and Bidding Services Stantec Consulting Services Inc. SCHEOULE • Notice to Proceed-May 1, 2015 • Geotechnical Investigation -May 2015 to Jufy 2015 • Design—June 2015 to January 2016 • Bidding Services—January 2016 'All work under this contract to be completed by December 31, 2016 END OF EXHlBIT B V:120pZWcti�e12002003606Vnanaqemenllbudpet�Dealpn•Bidtllnp Phase\Talbot Hill Desipn Sehedule 20�50330 doc 5/$/2015 EXHIBI7 C BUDGET City of Renton Talbot Hill Sewer Relocation-SR 167 IC DC Project Design and Bidding 5ervices � TOTAL IABOR � REIMB. I SUB-CONSULTANT� TOTAL Task Hours � Cost I I Cost I W�Markup J Cost I Reimb. 527,880 5641 55,979 534,500 200 Project Management ( 138I I I I I Prepare project plan 14 52,774 a100 y2,874 Conductprojectkickoffmeeti� 10 $1,634 $1,634 Prepare monthly status reports 16 53,376 $100 53,476 Manage statt and tasks 66 513,814 5250 55,435 55,979 a20,043 � Monitor progress and monthly invoicing 16 �3,376 a80 a3,456 ' Procure sub•consultant services 16 s2,906 $111 a3,017 � I $29,980I 51,214I I ;23,106I 554,300 201 t3eotechnical investigation 178 Devetop satety plan,locates and setup 13 $2,154 a70 $500 a550 52,774 Drlling and sampling 60 a9,B40 5480 518,000 $19,800 530,120 LaboratoryAnalysis 4 5656 S24 52,505 52,756 y3,436 Prepare drafl geotechnical report 60 $9,840 5400 $10,240 Conduct inlemal review o1 geotechnical report 26 55,030 5740 $5,170 Prepare tinal geotechnical report 75 $2,460 5100 $2,560 � 202 Desi9n 1,510I 5235,120I ;8,847I I 537,433I 5281,400 Conduct site investigation walk ZO 53,268 a50 53,31 B Topographic survey and easement exhibits 60 y8,456 $512 58,968 Coardination w/WSDOT on latest pla�s/schedule 32 56,640 a160 56,800 Prepare 50°k PSBE 314 $47,374 a2,000 $49,374 Verify system hydraulics 36 $5,568 �250 55,818 Conducl internal review of 50%PSSE 54 at0,524 a100 $10,624 Submit 509'o PSBE to City 22 $3,142 3300 a3,442 Attend 509'e review meeting 20 a3,268 S50 s3,318 Prepare 90°�6 PSSE 394 $59,654 52,220 a61,874 Conduct intemal review of 90q.PSBE 68 $13,064 $100 a13,164 Submit 90%P5&E to City 22 a3,t42 5300 s3,442 Prepare permit applications for WSDOT 100 514,700 5500 a15,200 Prepare project speCific SWPPP 48 $6,816 5225 57,041 Attend 90%review meeGng 20 $3,268 550 53,318 Prepaze final PSBE 252 $36,276 a1,B00 538,076 Staheli Trenchless Consultants&coord. 48 $9,960 5230 $34,030 $37,433 547,623 � 203 Bidding Services 74I 512,505I S442I I 53,053I 516,000 Answer bidder questions during bid period 24 �4,116 $720 ;2,015 52,217 36,453 Attend prebid meeting and prep 16 S2,902 5140 5760 5836 s3,87B Assist with addenda(up to 3 assumed) 26 54,110 St32 a4,242 Attend bid opening 2 5422 $50 $472 Review bid tabulation(as required) 6 $955 a955 - .._ . �_.... _ . _, , -_._. . ProJected Total ProJect Hours and Costs 1,900 5305,485 511,144 563,245 569,570 5386,200 Gry Summary Prfnt Da�e 0 t3 20t5 V 12002�aceve�20020036061manapemenpbydgg{�plsign•Bidd nq Phase\Talbot HYI Sewer Rebcatbn�esgn-9idding BuAget REVISED Od10�5 xls . - CITY OF RENTON SUMMARY OF FAIR PRACfICES POLICY ADOPTED BY RESOLUTION N0. 4085 lt is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to atl persons without regard to their race; religion/creed; national origin;ancestry;sex; age over 40;sexual orientation or gender identity;pregnancy;HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES -The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conduded in a manner which is based on job-related criteria which does not discriminate against women, minorities and other proteded classes. Human resources decisions will be in accordance with individual performance, sta�ng requirements, governing civil service rules,and labor contrad agreements. � (2} COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fulfy with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) CONTRACTORS' OBLIGATIONS- Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in al! operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this�th day of March , 2011 . CIN RENTON RENTON CITY COUNCIL � ��� �¢g� _ • Denis Law, Mayor uncil Pr sident Attest: •. , � � \.`,�'�.U� ~ �% y���.� � ��lJ���-� � G _ � Bonnie I. Walton,City Clerk =- ` _ �� �+ r,�.. = � x " � s� r % ���� O� 6•�� i r�s�' �` //'''�y,%'I/4p1►fl IIUIOIp���\\�. Page 13 of 14 Piazza/Data_Center/Fo rms/City/Contrects E 1-2015 � C���1s0� � �� CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Stantec ConsultinQ Services Inc. hereby confirms and declares that: (Name of contractor/subcontrector/consultant) I. It is the policy of the above-named contractor/subcontractor/consultant,to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin;ancestry; sex;the presence of a physical, sensory, or mental disability; age over 40;sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. II. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. Ifl. When applicable,the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. Erik Wali�orski Print Agent/Representative's Name Princiaal Print Agent/Representative's Title � � Agent/Represe ati Signature ��2-�f/,�� Da e Sign ` Instructions: This document MUST be completed by each contractor,subcontractor, consultant and/or supplier, Include or attach this document(s)with the contract. Page 14 of 14 Piazza/Data_Cente r/Forms/City/Contracts HUMAN RESOURCES - � ~— , AND RISK MANAGEMENT M E M O R A N D U M DATE: May 4, 2015 � TO: David Christensen, Wastewat r e Utility En ineerin Mana er PW - g g g . FROM: Gary B. Lamb, Risk Manager SUBJECT: Insurance Review/Stantec Consulting Services,Inc. Talbot Sewer Relocation(SR167/1-405 IC/DC) . I I have reviewed the certificate of insurance for the above-mentioned entity. The insurance certificate meets the city's risk management requirements. c:\users\dchristen\appdata\local\microsoft\windows\temporery internet files\content.outlook\20rro3yp\stantec_christensen 2015.doc �1 ►CORD� CERTIFICATE OF LIABILITY INSURANCE � °05�0;�0,"5"' � �HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS �ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sy, AUTHORIZED �EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MPORTANT: If the certificate hotder ia an ADDITIONAL INSURED, the poliey(ies)must be endorsed. ff SUBROGATION IS WAIVED,subject to :he terms and conditions of the po(icy,certain policies may require an endorsement. A statement on this certificate does not confer Nghts to the ;e�tiflcate holder in lieu of such endorsement(s). oouceR �c�Encr ANDREA OTTO AON REED STENHOUSE INC. a�No �� 1-952-807-0679 � No 1-312-381-6608 AON RISK SERVICES CENTRAL,INC. �noRess ANDREA.OTTOC�AON.COM 900-10025-102A AVENUE I IN5URER(5J AFFORDING COVERAGE � NAIC# EDMONTON,AB 75J OY2 I INSURER A ZURICH AMERICAN INSURANCE COMPANY 16535 iURED I�NSURER B SENTRY INSURANCE A MUTUAL COMPANY 24988 STANTEC CONSULTING SERVICES INC. wsuaeR c ZURICH INSURANCE COMPANY 11130 NE 33RD PLACE SUITE 200 INSURER D SENTRY INSURANCE A MUTUAL COMPANY 24988 BELLEVUE,WA 98004 INSURER E ALLIANZ GLOBAL RISKS US INSURANCE INSURER F OVERAGES CERTIFICATE NUMBER: 347 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTIMTHSTANDING ANY RE�UIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLIGES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 2 LIMITS I' , EpACH�OCCURRENCE S Z,OOO,OOO I PREMISES(Ee o�rrence S 3��,�� '� MED EXP(My one person S 1 O OOO s 2 000 000 s 4,000,000 s 2,000,000 s � s 1,000,000 s s s s ► $CRIPTION Of OPERATIONS/LOCATIONS/VEHICLES(Atbch ACOR�101,Additional R�marks 9ch�dul�,tt more spac�is nqufnd) ELLEVUE WA- STANTEC PROJECT#PC#2002. RE:TALBOT HILL SEWER RELOCATION(SR 167 IC/DC PROJECT). CITY OF ENTON IS INCLUDED AS AN ADDITIONAL INSURED BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. HIS COVER IS PRIMARY AND OTHER INSURANCE IS EXCESS AND NON CONTRIBUTORY AND WAIVER OF SUBROGATION IS JCLUDED. ENDORSEMENTS#CG 20 10 07 04 AND PC AUTO ARE ATTACHED. ERTIFICATE HOLDER CANCELLATION CITY OF RENTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE ATTN:DAVE CHRISTENSEN �E EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. PLANNINGBUILDING/PUBLIC WORKS,RENTON CIN HALL- 5TH FLOOR 1055 SOUTH GRADY WAY AUTHORIZE�REPRESENTATIVE RENTON,WA 98055 p,��� �� m 1988-2010 ACORD CORPORATION. All rights reserved. �ORD 25�2010l05) The ACORD name and logo are registered marka of ACORD �^ . . ���� CERTIFICATE OF LIABILITY INSURANCEREVISED I OATE(MM/OD/YYYY) 01/19/2015 THIS CERTiFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI2ED REPRESENTATNE OR PRODUCER,AND THE CERTIFICATE NOLDER. IMPORTANT: tf the certiflcate holder is an ADDtTIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the eertificate holder in lieu of such endorsement(s). oouceR I r�i�uu"E"�T TAMMIE BESON AON REED STENHOUSE INC. P,q���o ex� 1-780-423-9462 I i,^q� N, 1-780-423-9876 900-70025-102A AVENUE �ooaEss TAMMIE.BESONCa�AON.CA EDMONTON AB T5J OY2 I INSURER(5)AFFORDING COVERAGE NAIC M I INSURER A I iURED I INSURER B STANTEC CONSULTING SERVICES INC. iNsuReRc 11130 NE 33RD PLACE SUITE 200 INSURERD BELLEVUE,WA 98004 INSURERE CERTAIN UM/'S AT LLOYDS OF LONDON 37540 INSURER F (BEAZLEY} OVERAGES CERTIFICATE NUMBER: 331 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS �R POIICY P LIMITS MM/DO� EpACH�OECCURRENCE S PREMISES EaEoNceTurrence S MED EXP M one erson S S S S S s � s ' s s s : PROFESSIONAL LIABILITY N/A QF047014 08/01/14 08l01/15 CLAIM 8 AGGREGATE LIMIT � INCLUDING CONTRACTORS $3,000,000 INCLUSIVE OF COSTS � POLLUTION LIABILITY NO RETROACTIVE DATE CLAIMS MADE BASIS :SCRIPTION OF OPERATIONS/LOCA710NS/VEHICLES(Attach ACORD 101,Additlo�al R�marks 3ch�dul�,If mon spacs Is rpulrsd� ELLEVUE WA- STANTEC PROJECT#PC#2002. RE: TALBOT HILL SEWER RELOCATION(SR 167 IC/DC PROJEC�. THIS COVER i PRIMARY AND OTHER INSURANCE IS EXCESS AND NON CONTRIBUTORY. ERTIFICATE HOLDER CANCELLATION CITY OF RENTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:DAVE CHRISTENSEN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PLANNING/BUILDING/PUBLIC WORKS,RENTON CITY HALL- STH FLOOR 1055 SOUTH GRADY WAY AUTHORIZED REPRESENTA7NE RENTON,WA 98055 � m 7988-2010 ACORD CORPORATION. All rights reserved. CORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:GL06556026 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMEIVT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR COWTRACTORS-SCHEDULEO PERSON OR ORGANIZATION This endorsemenl modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEOULE Name O(Additional insured Person(s)Or Organizatian(s):City of Renton Location(s)Ot Covered Operations:Talbot Hill Sewer Relocation(SR 167 IC/DC Project) Information required to complete this Schedule,ii not shown above,will be shown in the Declarations. A.Sedion II-Who{s An insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury","property damage"or"personal and adveRising injury"caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions ot those acting on your behalf; in the performance of your ongoing operations for the additionai insured(s)at the location(s)designated above. B.With resped to the insurance afforded to these additianal insureds,the following additional exclusions apply: This insurance does not apply to"bodiy injury"or"property damage"occurring after. 1.AII work,inciuding materials,parts or equipment fumished in connection with such wortc,on the projed(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the lacation of the covered operations has been completed;or 2.That portion of'your work"out of which the injury or damage arises has been put ta its intended use by any person or organization other than another contractor or subcontractor engaged in periorming operations for a principal as a part o(the same project. NAMED INSURED:Stantec Inc. CONSULTANT INSURED:Stantec Consulting Services inc. AKached to and forming part oi Policy of the Zurich American Insurance Company. AON REED STENHOUSE INC.,AON RISK SERVICES CENTRAL,INC.,EDMONTON,ALBERTA Branch.file A I Work #CG 20 10 07 04 POLICY NUMBER: 90-17043-03 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifles insurance provided under the following: BUSINESS AUTO COVERAGE FORM Sedion IV-Business Auto Conditions,B.General Conditions,5.Other Insurance,c is amended by the additional of the following sentence: The insurance afforded under lhis policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such addkional insured to contribute to the settlement of loss arising out of such accident. NAMED{NSURED:Stantec Inc. CONSULTANT fNSURED:Stantec Consulting Services Inc. SCHEDULE Name of Person(s)or Organization(s): City Of Renton Attached to and forming part of this Policy of SENTRY INSURANCE A MUTUA�COMPANY. AON REED STENH�USE INC.,AON RISK SERVICES CENTRAL,INC.EDMONTON,ALBERTA Branch.file PC AUTO Serial#: 347 ��o� � CITY ATTORNEY M E M O R A N D UM oaTE: TO: • -- - -- - --- --- „ Public Works Department, Utilities Systems Division FROM: Lawrence J. Warren, City Attorney Staff Contact: Mark Barber,Senior Assistant City Attorney Telephone ext. 6485 SUBJECT: Continuing approval as to legal form of 2015 Engineering Consultant Agreement (E1-2015) Please be advised that I have reviewed the above-referenced 2015 Engineering Consultant Agreement (E1-2015), and the same is approved as to (egal form, and may be used in the future so long as there are no material changes or modifications to the standard form language or revisions required by future legislation or appellate court decisions. h:02 mark public worls--contracu and agreements120 1 4-1 2-l7 memo of continuing approval as to legal form of 2015 engineering consultant agreement--e 1-2015.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING AN AMERICANS WITH DISABILITIES ACT(ADA)TRANSITION PLAN. WHEREAS, the federal government enacted the Americans with Disabilities Act of 1990 (ADA), and its amendments, to prevent discrimination, to extend the protections of the Rehabilitation Act of 1973, and to ensure equal opportunities for the physically and mentally disabled to employment, public accommodations, commercial facilities, transportation, and services, programs or activities of all state and local governments; and WHEREAS, Title II of the ADA requires that municipalities develop and adopt transition I plans which document physical barriers to accessibility, propose modifications to remove those barriers, and a schedule to complete the modifications; and WHEREAS, the United States Department of Justice recently modified the ADA Standards for Accessible Design and the Guidelines for Pedestrian Facilities in the Public Right- of-Way; and WHEREAS, Renton has been and remains committed to meeting or exceeding ADA requirements and to eliminating barriers to public services, activities, programs and facilities; and WHEREAS, a transition plan for facilities in the public right-of-way has been prepared that reflects the City's current infrastructure and ADA design standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 RESOLUTION N0. SECTION II. The City Councii of the City of Renton, Washington, adopts by reference the City of Renton Washington Americans with Disabilities Act Transition Plan. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1670:4/22/15:scr 2 CITY OF RENTON, WASHINGTON ORDINANCE N0. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2, OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), SECTIONS 4-3-050 AND 4-3-120 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, SECTION 4-8-120 OF CHAPTER 8, PERMITS — GENERAL AND APPEALS, SECTION 4-9-250 OF CHAPTER 9, PERMITS — SPECIFIC, AND SECTIONS 4-11-040, 4-11-190 AND 4-11-230, OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY UPDATING THE CITY'S CRITICAL AREAS REGULATIONS, INGLUDING REPEALING THE CURRENT LANGUAGE IN 4-3-050 AND ADOPTING NEW LANGUAGE, REVISING CERTAIN DEFINITIONS, AND MAKING CERTAIN VIOLATIONS OF TITLE IV CIVIL INFRACTIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-2.A.1, Code Violations, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is hereby amended as follows: 1. Code Violations: Violations of RMC Chapters 4-2 (Zoning Districts — Uses and Standards), 4-3 (Environmental Regulations and Overlay Districts, except as it relates to Adult Retail and Entertainment, C�iREa�l--�ea�: ��„^,��+�- ^ 'a+�}, 4-4 (City-Wide Property Development Standards), 4-5 (Building and Fire Prevention Standards, except as it relates to multi-family homes), 4-6 (Street and Utility Standards), 4-9 (Permits — Specific), 4-10 (Legal Nonconforming Structures, Uses and Lots), 5-5 (Business Licenses), 8- 2 (Storm And Surface Water Drainage), 8-4 (Water), 8-5 (Sewers), 8-7 (Noise 1 ORDINANCE N0. Level Regulations), 9-8 (Sidewalk Construction) and 9-10 (Street Excavations), shall be considered civil code violations under this Section. SECTION II. Section 4-3-050, Critical Areas Regulations, of Chapter 3, Environmental Regulations and Overlay Districts, of Titfe IV (Development Regulations) of the Renton Municipal Code, is hereby repealed in its entirety and replaced with the following language: 4-3-050 CRITICAL AREAS REGULATIONS: A. PURPOSE: The purposes of this section are to: 1. Manage development activities to protect environmental quality, promote diversity of species, and habitat within the City; 2. Ensure that activities in or affecting critical areas do not threaten public safety, cause nuisances, or destroy or degrade critical area functions and values; 3. Prevent the loss of critical area acreage and functions and strive for a net gain over present conditions through restoration where feasible; 4. Assist or further the implementation of the policies of the Growth Management Act, the State Environmental Policy Act, and the City Comprehensive Plan; 5. Provide City officials with information to evaluate, approve, condition or deny public or private development proposals with regard to critical area impacts; 2 ORDINANCE N0. 6. Protect the public life, health, safety, welfare, and property by minimizing and managing the adverse environmental impacts of development within and abutting critical areas; 7. Protect the public from: a. Avoidable monetary losses due to maintenance and replacement of public facilities and utilities, property damage, public mitigation of avoidable impacts, and public emergency rescue and relief operations; and b. Potential litigation on improper construction practices occurring in critical areas; 8. Reduce the potential for damage to life and property from abandoned coal mines, and return the land to productive uses; 9. Maintain, to the extent practicable, a stable tax base by providing for the sound use and development of areas of flood hazard areas so as to minimize future flood blight areas; and 10. Protect riparian habitat in order to provide for bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife. B. APPLICABILITY: 1. lands to Which These Regulations Apply and Non-regulated Lands: The following critical areas are regulated by this section. Multiple development 3 ORDINANCE NO. standards may apply to a site feature based upon overlapping critical area(s) and/or critical area classifications: a. Flood hazard areas. b. Steep slopes (must have a minimum vertical rise of fifteen feet (15')), landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards or on sites within fifty feet (50') of steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified under RMC 4-3-OSO.G.S.a which are located on abutting or adjacent sites. c. Habitat Conservation Areas. d. Streams and Lakes. All applicable requirements of this section apply to Class F, Np, and Ns water bodies, as defined in subsection F.7 of these regulations or on sites within one hundred feet (100') of Class F, Np, and Ns water bodies, except Type 5 water bodies, inventoried as "Shorelines of the State", are not subject to this section, and are regulated in RMC 4-3-090, Shoreline Master Program Regulations, and RMC 4-9-197, Shoreline Permits. e. Wellhead Protection Areas. f. Wetlands, Categories I, II, III, and IV or on sites within two hundred feet (200') of Category I, II, III, and IV wetlands. Wetlands created or restored as a part of a mitigation project are regulated wetlands. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, 4 ORDINANCE N0. i I wastewater treatment facilities, farm pands, and landscape amenities, or thase I wetiands created after July 1, 1990, that were unintentionaHy ereated as a result of the construction of a road, street, or highway. � g. Sites Separated from Critical Areas, Nonregulated: As I determined by the Administrator, these regulations may not apply to ' development proposed on sites that are separated fram critica! areas by pre- ; existin intenrenin and lawfuii re g, g, y c ated structures, roads, ar ather substantiai ( existing improvemen#s. For the purpases of this sectian, the intervening i iotsJparcels, roads, or other substantiai improvements shall be found to. i, Separate the subject upland property fram the critical area due to their height or width; and i ii. Substantially prevent or impair delivery of most functions from the subject upland property to the critical area. Such determination and evidence shali be included in the appEicatian file. Public natification shail be I given as follows: ; i. For applications that are not subject ta natices of appiication , pursuant to Chapter 4-$ RMC, notice of the buffer determination shall be given I by posting the site and natifying parties of record, if any, in accordance with Chapter 4-8 RMC. ii. Far applicatians that are subject to natices of application, the buffer determination or request far determination shal! be included with natice 5 ORDINANCE NO. of application. Upon determination, notification of parties of record, if any, shall be made. 2. Activities to Which These Regulations Apply: The provisions of this section shall apply to any regulated activity that potentially affects a critical area or its buffer unless otherwise exempted by these regulations. Where a regulated activity would be partly within and partly outside a critical area or its buffer, the entire activity shall be reviewed pursuant to the requirements of this section. Applicable activities are as follows: a. Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter or materials of any kind. b. Dumping, discharging, or filling with any material. c. Draining, flooding, or disturbing the water level or water table, or diverting or impeding water flow. d. Driving pilings or placing obstructions. e. Constructing, substantially reconstructing, demolishing, or altering the size of any structure or infrastructure. f. Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting vegetation that would negatively affect the character of a critical area. g. Changing, significantly, water temperature, physical or chemical characteristics of water sources, including quantity and pollutants by any activity. 6 ORDINANCE NO. h. Affecting, potentially, a critical area or buffer by any other activity not otherwise exempt from the provisions of this section as determined by the department. C. EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: 1. Permit Required: a. Development or Alteration: Prior to any development or alteration of a property containing a critical area as defined in RMC 4-3-050.B, entitled Applicability, the owner or designee must obtain a development permit, criticat area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. b. Operating and Closure Permits - Wellhead Protection Areas: Wellhead Protection Areas operating permit and closure permit requirements are contained in RMC 4-9-015, Wellhead Protection Areas Permits. 2. Letter of Exemption: a. Flood Hazard Areas, Geologically Hazardous Areas, Habitat Conservation Areas, Streams and Lakes, Wellhead Protection Areas, Wetlands: Except in the case of public emergencies, all other exemptions in RMC 4-3-050.0 may require that a letter of exemption be obtained from the Administrator prior to construction or initiation of activities. b. Applicability of Requirements to Exempt Activities: Exempt activities provided with a letter of exemption may intrude into the critical area or 7 ORDINANCE N0. required buffer subject to any listed conditions or requirements. Exempt activities do not need to comply with mitigation ratios of RMC 4-3-050.J unless required in exemption criteria. c. Reports and Mitigation Plans Required: A critical area report, and/or enhancement or mitigation plan shall be required pursuant to RMC 4-3- 050.F and 4-3-050.L., unless otherwise waived by the Administrator. d. Administrator Findings: In determining whether to issue a letter , of exemption for activities listed in RMC 4-3-050.C, the Administrator shall find that: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; v. If a hazardous material, activity, and/or facility that is exempt pursuant to this section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the 8 ORDINANCE N0. Wellhead Protection Area requirements of this section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. 3. Exemptions — Critical Areas and Buffers: Exempt activities are listed in the following table. If an "X" appears in a box, the listed exemption applies in the specified critical area and required buffer. If an "X" does not appear in a box, then the exemption does not apply in the particular critical area or required buffer. Where utilized in the following table the term "restoration" means returning the subject area back to its original state or better following the performance of the exempt activity. Activities taking place in critical areas and iated buffers and listed in the followin table are exempt from the their assoc g a licable provisions of this section, provided a letter of exemption has been pP issued. Whether the exempted activities are also exempt from permits will be determined based upon application of Chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. EXEMPT ACTIVITIES—PERMITTED WITHIN CRITICAL AREAS AND ASSOCIATED BUFFERS Streams and lakes: Flood Geologic Habitat Type F, Wellhead Hazard Hazard Conservation Np, & Protection EXEMPT ACTIVITY Areas Area Area Ns Areas Wetlands a. Conservation, Enhancement, Education and Related Activities: i. Natural Resource/Habitat X X X X Xl X Conservation or PreservationZ ' ' 9 ORDINANCE NO. ii. Enhancement activities as defined in X X X X X Chapter 4-11 RMC. iii. Approved X X X X Xl X Restoration/M itigation3 b. Research and Site Investigation: I �I i. Nondestructive X X X X Xl X I Education and Research. ii. Site Investigative X X X X Xl X Work4 c.Agricultural, Harvesting,Vegetation Management: � i. Harvesting Wild X X X X Xl X FoodsS ii. Existing/Ongoing X X X X X Agricultural Activities6 iii. Dangerous Trees� X X X X$ Xl ( X$ I d.Surface Water: I i. New Surface Water X X X Discharges9 ii. Modification of existing Regional X Stormwater Facilitieslo iii. Flood Hazard Areas X X Reductionll iv. Storm Drainage X Pipinglz le. Roads, Parks, Public and Private Utilitiesls: i. Relocation of Existing Utilities out of Critical X X X X Xl X Area and Buffer13 ii. New trails, existing Parks,Trails, Roads, Facilities, and Utilities— Maintenance, X X X X Operation, Repair, and the Construction of New Trailsl4 10 r-- _ _ ___ -___ _ � ORDINANCE NO. iii. Utilities, Traffic ' Control, Wa(kways, Bikeways Within X X X X Existing, Improved Right-af-Way or Easementsls iv. Modification of Existing Utiiities and X Xl, X17 Streets by Ten Percent (10%) or Less16 f.Temporary Wetland Impacts: i.Temporary Wetland impacts�� x X g. Maintenance and Canstruction—Existing Uses and Facilities: i. Remodeling, Replacing, Removing Existing Structures, X X X X Facilities, and Improvements�0 ii. Maintenance and � Repair—Any Existing X X X X Public or Private Use21 iii. Modification of an Existing Single Family X X X X Dwellingz2 � iv. Existing Activities�� X X � X X X h. Emergency Ac#ivities: i. Emergency Activities24� 1 �s,zfi,v X X X X X X i. Hazardous Materials: i. Federal or State 1 Preemption2s X ii. Use of Materials with 2 No Risk29 X Footnotes: j 1. If a hazardaus material, activity, andJor facility that is exempt pursuant ta this section has a significant or substantial potentiaf to degrade groundwater quality, then the Admin'sstrator may require compliance with the tNellhead Pratection I1 � ORDINANCE N0. Area requirements of this section otherwise relevant to that hazardous material activity and/or facility. 2. Conservation or preservation of soil, water, vegetation,fish and other wildlife. 3. Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. 4. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one to one (1:1) ratio. 5. The harvesting of wild foods in a manner that is not injurious to natural reproduction of such foods and provided the harvesting does not require tilling of soil, planting of crops or alteration of the critical area. 6. Existing and ongoing agricultural activities including farming, horticulture, aquaculture and/or maintenance of existing irrigation systems. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation; provided, that the agricultural activity must have been conducted within the last five (5) years. Activities that bring a critical area into agricultural use are not part of an ongoing operation. Maintenance of existing legally installed irrigation, ditch and pipe systems is allowed; new or expanded irrigation, ditch, outfall or other systems are not exempt. If it is necessary to reduce the impacts of agricultural practices to critical areas, a farm management plan may be required based on the King County Conservation District's Farm Conservation and Practice Standards, or other best management practices. 7. Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City and certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required. S. Limited to cutting of dangerous trees; such hazardous trees shall be retained as large woody debris in critical areas and/or associated buffers,where feasible. 9. New surface water discharges in the form of dispersion trenches, outfalls and bioswales are allowed within the outer twenty-five percent (25%) of the buffer of a Category III or IV wetland only provided that: the discharge meets the requirements of the Storm and Surface Water Drainage Regulations (RMC 4-6- 030); no other location is feasible; and will not degrade the functions or values of the wetland or stream. Where differences exist between these regulations and RMC 4-6-030,these regulations will take precedence. 10. Modifications to existing regional stormwater management facilities operated and maintained under the direction of the City Surface Water Utility that are designed 12 . ORDINANCE NO. consistent with the current version of the Washington State Department of Ecology Wetlands and Stormwater Management Guidelines or meeting equivalent objectives. 11. Implementation of public flood hazard areas reduction and public surface water projects, where habitat enhancement and restoration at a one to one (1:1) ratio , are provided, and appropriate Federal and/or State authorization has been ' received. 12. Installation of new storm drainage lines in any geologic hazard area when a geotechnical report clearly demonstrates that the installation would comply with the criteria listed in RMC 4-3-050.J.3 and that the installation would be consistent with each of the purposes of the critical area regulations listed in RMC 4-3-050.A. Also, to qualify for the exemption, the report must propose appropriate mitigation for any potential impacts identified in the report. 13. Relocation out of critical areas and required buffers of natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment and appurtenances (not including substations), with an associated voltage of fifty five thousand (55,000) volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored. 14. Normal and routine maintenance, operation and repair of existing parks and trails, or the construction of new trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to construct new trails to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 15. Within existing and improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of- way, this exemption does not apply. Where applicable, restoration of disturbed areas shall be completed. 16. Overbuilding (enlargement beyond existing project needs) or replacement of existing utility systems and replacement and/or rehabilitation of existing streets, provided: a. The work does not increase the footprint of the structure, line or street by 13 �� ORDINANCE N0. more than ten percent (10%) within the critical area and/or buffer areas, and occurs in the existing right-of-way boundary or easement boundary. b. Restoration shall be conducted where feasible. Compensation for impacts to buffers shall include enhancement of the remaining buffer area along the impacted area where there is enhancement opportunity. c. The Administrator determines that, based on best judgment, a person would not: (i) be able to meaningfully measure, detect, or evaluate insignificant effects; or (ii) expect discountable effects to occur. d. This exemption allows for ten percent (10%) maximum expansion total, life of the project. After the ten percent (10%) expansion cap is reached, future improvements are subject to all applicable provisions of this section. 17. Exemption is not allowed in Category I wetlands. 18. Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. 19. Temporary disturbances of a wetland due to construction activities that do not include permanent filling may be permitted; provided, that there are no permanent adverse impacts to the critical area or required buffer, and areas temporarily disturbed are restored at a one to one (1:1) ratio. Category I wetlands and Category II forested wetlands shall be enhanced at a two to one (2:1) ratio in addition to being restored. For Habitat Conservation Areas,this exemption applies only to Category I wetlands. 20. Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence or vested on the date this section becomes effective and that do not meet the setback or buffer requirements of this section provided the work complies with the criteria in RMC 4-10-090. 21. Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 22. Additions and alterations of an existing single family residence and/or garage (attached or detached); provided, that the addition/alteration does not increase the footprint of the structure lying within the critical area or buffer; and provided, that no portion of the addition/alteration occurs closer to the critical area or required buffers than the existing structure unless the structure or addition can 14 � ORDINANCE N0. meet required buffers. Existing or rebuilt accessory structures associated with single family dwelling and rebuilt with the same footprint such as fences, gazebos, storage sheds, and play houses are exempt from this section. New accessory structures may be allowed when associated with single family dwellings such as fences, gazebos, storage sheds, play houses and when built on and located in a , previously legally altered area. 23. Existing activities which have not been changed, expanded or altered, provided they comply with the applicable requirements of chapter 4-10 RMC. 24. Emergency activities are those which are undertaken to correct emergencies that threaten the public health, safety and welfare. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation. ', 25. Emergency tree and/or ground cover removal by any City department or agency and/or public or private utility involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 26. Emergency activities in Wellhead Protection Areas: Public interest emergency use, storage, and handling of hazardous materials by governmental organizations. 27. Temporary emergency exemptions shall be used only in extreme cases and not to justify poor planning by an agency or applicant. Issuance of an emergency permit by the City does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notwithstanding the provisions of this section or any other City laws to the contrary, the Administrator may issue a I temporary emergency exemption letter if the action meets the requirements: I a. An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; b. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this section and other applicable laws; c. Any emergency exemption letter granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this section. The emergency exemption shall be consistent with the following procedural and time requirements: a. The emergency shall be limited in duration to the time required to complete the authorized emergency activity; provided, that no emergency permit be granted for a period exceeding ninety (90) days except as ' 15 ORDINANCE N0. specified in RMC 4-3-050.C. b. Any critical area altered as a result of the emergency activity must be restored within the ninety (90) day period, except that if more than ninety (90) days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. For the purposes of this paragraph, restoration means returning the affected area to its state prior to the performance of the emergency activity. c. Notice of the issuance of the emergency permit and request for public comments shall be posted at the affected site(s) and City Hall no later than ten (10) days after the issuance of the emergency permit. If significant comments are received,the City may reconsider the permit. d. Expiration of Exemption Authorization: The emergency exemption authorization may be terminated at any time without process upon a determination by the Administrator that the action was not or is no longer necessary to protect human health or the environment. 28. Cleanups, monitoring and/or studies undertaken under supervision of the , Washington Department of Ecology or the U.S. Environmental Protection Agency. 29. Use, storage, and handling of specific hazardous materials that do not present a risk to the aquifer as determined and listed by the Department. 4. Exemptions—in Buffers Only: The activities listed in the following table are allowed within critical area buffers, and are exempt from the applicable provisions of this section, provided a letter of exemption has been issued pursuant to RMC 4-3-050.C. If an "X" appears in a box, the listed exemption applies in the specified buffer. If an "X" does not appear in a box, then the exemption does not apply in the required buffer. Whether the exempted activities are also exempt from permits will be determined based upon application of Chapters 4-8 and 4-9 RMC, or other applicable sections of the Renton Municipal Code. EXEMPTIONS WITHIN CRITICAL AREA BUFFERS Flood Geologi Habitat Streams Wellhead EXEMPT ACTIVITY Hazard c Conservatio and Protectio Wetlands 16 -_ . ORDINANCE NO. Areas Hazard n Areas Lakes: n Areas Area Types F, N p, & Ns a. Activities in Critical Area Buffers: i. Trails and Open Spacel X X X X ii. Stormwater Treatment and Flow Control Facilities X in Buffer2 iii. Stormwater Conveyance X X X in Buffer3 Footnotes: 1. Walkways and trails, and associated open space in critical area buffers located on public property, or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met: a. The trail, walkway, and associated open space shall be consistent with the Parks, Recreation, and Natural Areas Plan. The City may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals. b. Trails and walkways shall be located in the outer twenty-five percent (25%) of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: i. Trail segments connecting to existing trails where an alternate alignment is not practical. ii. Public access points to water bodies spaced periodically along the trail. c. Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area abutting a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required. d. Trail widths shall be a maximum width of twelve feet (12'). Trails shall be constructed of permeable materials which protect water quality, allow adequate surface water and ground water movements, do not contribute to erosion, are located where they do not disturb nesting, breeding, and rearing areas, and designed to avoid or reduce the removal of trees. Impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts. 17 ORDINANCE NO. e. Any crossing over a stream or wetland shall be generally perpendicular to the critical area and shall be accomplished by bridging or other technique designed to minimize critical area disturbance. It shall also be the minimum width necessary to accommodate the intended function or objective. I� 2. Stormwater management facilities shall not be built within a critical area buffer except as allowed in Reference 5, Wetlands Protection Guidelines of the City's I Surface Water Design Manual and shall require buffer enhancement or buffer averaging when they are sited in areas of forest vegetation, provided the standard buffer zone area associated with the critical area classification is retained pursuant to RMC 4-3-050.G.2, and is sited to reduce impacts between the critical area and surrounding activities. 3. Necessary conveyance systems including stormwater dispersion outfall systems designed to minimize impacts to the buffer and critical area, where the site topography requires their location within the buffer to allow hydraulic function, provided the standard buffer zone area associated with the critical area classification is retained pursuant to RMC 4-3-050.G.2, and is sited to reduce impacts between the critical area and surrounding activities. 5. Prohibited Activities: Prohibited activities are identified below for each critical area governed by this section. No action shall be taken by any person, company, agency, or applicant which results in any alteration of a critical area except as consistent with the purpose, objectives, and requirements of this section. a. Floodways: Encroachments, including fill, new construction, substantial improvements, and construction or reconstruction of residential structures is prohibited within designated floodways, unless it meets the provisions of RMC 4-3-050.G.4.e, Additional Restrictions within Floodways. b. Streams/Lakes and Wetlands: Grazing of animals is not allowed within a stream, lake, wetland or their associated buffers. c. Wellhead Protection Areas: 18 ORDINANCE NO. i. All Wellhead Protection Areas - Pesticides and Fertilizers: The application of hazardous materials such as pesticides or fertilizers containing nitrates within one hundred feet (100') of a well or two hundred feet (200') of a spring. ii. Zone 1, as identified in RMC 4-3-050.G.8: (a) Changes in land use and types of new facilities in which any of the following will be on the premises: (1) More than five hundred (500) gallons of hazardous material; (2) More than one hundred fifty (150) gallons of hazardous � material in containers that are opened and handled; (3) Containers exceeding five (5) gallons in size; or (4)Tetrachloroethylene (e.g., dry-cleaning fluid). (b) Surface impoundments (as defined in Chapters 173-303 and 173-304 WAC); (c) Hazardous waste treatment, storage, and disposal facilities; (d) All types of landfills, including solid waste landfills; (e)Transfer stations; (f) Septic systems; (g) Recycling facilities that handle hazardous materials; (h) Underground hazardous material storage and/or distribution facilities; ' 19 ORDINANCE NO. (i) New heating systems using fuel oil except for commercial uses when the source of fuel oil is an existing above-ground waste oil storage tank; (j) Petroleum product pipelines; (k) Hazardous materials use on the site in quantities greater than that allowed for new facilities as provided in item a, changes in land use and types of new facilities, of this subsection, once a facility is closed, relocated, or the use of hazardous materials is terminated, reinstatement of the use of hazardous materials shall be prohibited; (I) Facility closure, sale, transfer or temporary or permanent • abandonment in a Wellhead Protection Area without complying with the requirements of RMC 4-9-015.F, Closure Permit, and permit conditions of this section; and (m) Facility changes in operations that increases the aggregate quantity of hazardous materials stored, handled,treated, used, or produced with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility as provided by in item a, changes in land use and types of new facilities, of this subsection. iii. Zone 2,as identified in RMC 4-3-050.G.8: (a) Surface impoundments (as defined in Chapters 173-303 and 173-304 WAC); (b) Recycling facilities that handle hazardous materials; 20 ORDINANCE NO. (c) Hazardous waste treatment, storage, and disposal facilities; (d) Solid waste landfills; (e) Transfer stations; (f) New heating systems using fuel oil stored in underground storage tanks; and (g) Petroleum product pipelines. iv. Zone 1 Modified, as identified in RMC 4-3-050.G.8: The prohibitions of Zone 1 Modified are the same as Zone 1 with the exceptions as follows: (a) Hazardous Materials Inventory: Existing facilities are not subject to the five hundred (500) gallons maximum hazardous material quantity limitation in Zone 1 and therefore don't have to reduce inventory or relocate. Proposed facilities are subject to the maximum quantity. (b) Septic Tanks: Existing septic tanks are allowed to remain and new septic tanks are allowed if City sewers are not available. (c) Surface Water Management: Infiltration of runoff is allowed and pipe materials are not subject to Zone 1 specifications. (d) Site Improvements: An existing facility that was in compliance with improvements required at the installation of the facility is not subject to new site improvements (groundwater monitoring, paving, runoff control, etc.). 21 ORDINANCE NO. 6. Nonconforming Activities or Structures: Regulated activities legally in existence prior to the passage of this section, but which are not in conformity with the provisions of this section are subject to the provisions of RMC 4-10-090, Critical Areas Regulations—Nonconforming Activities and Structures. D.ADMINISTRATION AND INTERPRETATION: 1. Interpretation: The Administrator shall have the power to render interpretations of this section and to adopt and enforce rules and regulations supplemental to this section as he/she may deem necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this section. Provisions contained within this section are considered the minimum requirements and will not limit or repeal other provisions under state statute. a. Relationship to Other Agencies and Regulations: i. These eritical areas regulations shall be in addition to zoning and other regulations adopted by the City. Compliance with other regulations does not exempt the applicant from critical areas regulations. In the event of any conflict between these regulations and any other City regulations, those regulations which provide the greater protection to critical areas shall apply. ii. Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the� most protection to the critical areas involved. When any provision of this section or any existing regulation, or easement, covenant, or deed restriction granted to 22 . ORDINANCE N0. any governmental body conflicts with this section, that which provides more protection to the critical areas shall apply. iii. Compliance with the provisions of this section does not constitute compliance with other federal, State, and local regulations and permit requirements that may be required (for example, shoreline substantial development or conditional use permits, shoreline variances, the Washington State Department of Fish and Wildlife hydraulic project approval (HPA), Army Corps of Engineers Section 404 permits, Department of Ecology 401 Water Quality Certifications and National Pollution Discharge Elimination System (NPDES) permits). The applicant is responsible for complying with these requirements, apart from the process established in this section. 2. Duties of Administrator: The Administrator shall have the power and authority to issue decisions relative to and enforce the provisions of this section. a. Compliance: The City shall not grant any approval or permit any regulated activity in a critical area or associated buffer prior to fulfilling the requirements of this section. b. Review: The Administrator shall review all development permits to determine that the requirements of this section have been satisfied. c. Finding of Conformance Required: Conformance with these critical area regulations shall be a finding in any approval of a development permit or aquifer protection area permit, and such finding shall be documented in writing in the project file. 23 ORDINANCE N0. 3. Flood Hazard Areas: Information to be Provided by Applicant: The applicant shail provide the Administrator the following information: i. The actual elevation, in relation to mean sea level, the North American Vertical Datum of 1988 (NAVD 88), of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement where base flood elevation data is provided through the flood insurance study or required. . ii. For all new or substantially improved floodproofed structures: (a) The applicant shall verify and have recorded the actual elevation in relation to mean sea level, the North American Vertical Datum of 1988 (NAVD 88); and (b) Flood elevation certificates shall be submitted by an applicant to the Development Services Division prior to the building's finished floor construction. Finished floor elevation should be verified by a preconstruction elevation certificate at the time of construction of a substantial structural element of the finished floor (i.e., foundation form for the concrete floor). An as-built elevation certificate will be provided prior to issuance of final occupancy. 4. Wellhead Protection Areas: 24 ORDINANCE N0. a. Annual Inspections: All permitted facilities in a Wellhead Protection Area will be subject to a minimum of one (1) inspection per year by a Department inspector. b. Potential to Degrade Groundwater—Zone 2: i. Potential for Impacts Equal to Facility in Zone 1: If the Administrator determines that an existing or proposed facility located in Zone 2 of a Wellhead Protection Area has a potential to degrade groundwater quality which equals or exceeds that of a permitted facility in Zone 1, then the Administrator may require that facility to fully comply with requirements for Zone 1 contained in RMC 4-3-050.C.S.d,and RMC 4-3-050.G.8.. ii. Criteria: Criteria used to make the determination in RMC 4-3- 050.D.4, shall include but not be limited to the present and past activities conducted at the facility; types and quantities of hazardous materials stored, handled, treated, used or produced; the potential for the activities or hazardous materials to degrade groundwater quality; history of spills at the site, and presence of contamination on site. c. Finding of Conformance Required - Wellhead Protection Areas: , No changes in land use shall be allowed nor shall permits for development be issued if the Department finds that the proposed land use, activity, or business is likely to impact the long-term, short-term or cumulative quality of the aquifer. The finding shall be based on the present or past activities conducted at the site; hazardous materials that will be stored, handled, treated, used or produced; and 25 L ORDINANCE N0. the potential for the land use, activity, or business to degrade groundwater quality. 5. Review Authority: The Administrator shall have the authority to interpret, apply, and enforce this section to accomplish the stated purpose. Based upon site specific review and analysis,the City may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this section a. General: The Administrator is authorized to make the following administrative allowances and determinations: i. Issue a critical areas permit for proposals not otherwise requiring a development permit. ii. Issue written letters of exemption. iii. Allow temporary emergency exemptions. iv. Interpret critical areas regulations. v. Approve the use of alternates in accordance with RMC 4-9- 250.E. vi. Waive report content or submittal requirements provided criteria to waive studies are met. vii. Grant administrative variances to those specified code sections listed in RMC 4-9-250.B. viii. Require tests for proof of compliance. ix. Grant modifications pursuant to RMC 4-9-250.D. � 26 ORDINANCE NO. b. Conditions of Approval: The Administrator is authorized, through conditions of approval, to modify the proposal, including, but not limited to, construction techniques, design, drainage, project size/configuration, or seasonal constraints on development. Upon review of a special study, the development permit shall be conditioned to mitigate adverse environmental impacts and to assure that the development can be safely accommodated on the site and is consistent with the purposes of this section. A mitigation plan may be required consistent with RMC 4-3-050.L.1. c. Geologically Hazardous Areas, Habitat Conservation Areas, Streams and Lakes, and Wetlands: The Administrator is authorized, pursuant to subsection H, entitled Alterations To Critical Areas And/Or Buffers — General Requirements, to make the following administrative allowances and determinations: i. Geologically Hazardous Areas. (a) Waive independent review of geotechnical reports. (b) Increase or decrease required buffer for very high landslide hazard areas. (c) Grant a modification for created slopes. ii. Streams and Lakes: (a) Approve proposals for buffer width reductions. (b) Approve proposals for buffer width averaging. iv. Wellhead Protection Areas: 27 ORDINANCE N0. (a) Issue operating and closure permits. (b) Determine pipeline requirements. (c) Determine if Zone 1 requirements should apply in Zone 2 of a Wellhead Protection Area. v.Wetlands: (a) Determine whether wetlands are unregulated. (b) Extend the valid period of a wetland delineation. (c) Approve proposals for buffer width reductions of up to twenty-five percent (25%). (d)Approve proposals for buffer width averaging. (e) Authorize other category level for created or restored wetlands. (f) Waive requirements of this section upon determination that all impacts on wetlands would be mitigated as part of an approved area- wide wetlands plan that, when taken as a whole over an approved schedule or staging of plan implementation, will meet or exceed the requirements of this section. E. MAPS: 1. Maps Show Approximate Location of Critical Areas: The approximate location and extent of critical areas within the City are shown on the critical areas inventory maps. The City supports a website, Maps and GIS Data, which supports mapping applications, a map gallery, and downloadable �a15 data. These 28 ORDINANCE NO. maps shall be used for informational purposes and as a generai guide only, for ther interested arties• the boundaries the assistance of property owners and o p , and locations shown are generalized. The actual presence or absence, type, extent, boundaries, and classification of critical areas on a specific site shall be identified in the field by a qualified consultant and confirmed by the Department, according to the procedures, definitions, and criteria established by this section. In the event of any conflict between the critical area location or , designation shown on the City's maps and the criteria or standards of this section,the criteria and standards shall prevail. 2. Map Updates: The Department updates critical area maps based on critical area reports prepared for permit applications. 3. Flood Hazard Areas: a. Basic Map and Documentation Identifying Hazards: Flood hazard areas are identified by the Federal Insurance Administration in a scientific and engineering report entitled the Flood Insurance Study for the City of Renton, dated September 29, 1989, and any subsequent revision, with accompanying ftood insurance maps which are hereby adopted by reference and declared to be a part of this section. The flood insurance study is on file at the Public Works Department. b. When Federal Insurance Study is Not Available: The Applicant shall obtain, for City review, and reasonably utilization any base flood elevation 29 ORDINANCE N0. and floodway data available from a Federal, State or other source, in the following instances: i. To administer RMC 4-3-050.G when base flood elevation data has not been provided in accordance with RMC 4-3-OSO.E. ii.To identify flood hazard areas that will be regulated; until a new Flood Insurance Rate Map is issued which incorporates the data utilized under RMC 4-3-050.D. 4. Steep Slope Delineation Procedure: The boundaries of a regulated steep sensitive or protected slope are determined to be in the location identified on the City of Renton's COR Maps, the City's online interactive mapping application available through the City's website. An applicant's qualified professional may substitute boundaries independently derived from survey data for the City's consideration in determining the boundaries of sensitive or protected steep slopes. All topographic maps shall utilize two foot (2') contour ' intervals or the standard utilized in the City of Renton Steep Slope Atlas. 5. Streams and Lakes: Water class shall be determined in accordance I with RMC 4-3-050.G.7.a. a. Reclassification: The reclassification of a water body to a lower class (i.e., F to Np, or Np to Ns, etc.) requires Administrator acceptance of a stream or lake study, followed by a legislative amendment to the map in RMC 4- 3-050.E prior to its effect. The reclassification of a water body to a higher class (i.e., Ns to Np, Np to F, or F to 5) requires either: Administrator acceptance of a 30 ORDINANCE NO. stream or lake study or consultation with the Washington Department of Fish and Wildlife,followed by a legislative amendment to the map in this section. b. Salmonid Migration Barriers: For the purposes of classifying or reclassifying water bodies, features determined by the Administrator to be salmonid migration barriers pursuant to the definition in RMC 4-11-190 shall be mapped. The Administrator shall prepare and update the map as appropriate. 6. Wetlands: Categorization of wetlands shall be determined in accordance with RMC 4-3-050.G.9, and also refer to the City of Renton Wetland and Stream Corridors Critical Areas Inventory. F. SUBMITTAL REQUIREMENTS AND FEES: 1. Preapplication Consultation: Any person intending to develop properties known or suspected to have critical areas present is strongly encouraged to meet with the appropriate City department representative during the earliest possible stages of project planning before major commitments have been made to a particular land use and/or project design. Effort put into a preapplication consultation and planning will help applicants create projects which will be more quickly and easily processed due to a better understanding on the part of applicants of regulatory requirements. 2. Plans and Studies Required: When an application is submitted for any building permit or land use review and/or to obtain approval of a use, development or construction,the location of the critical areas and buffers on the 31 ORDINANCE N0. site shall be indicated on the plans submitted based upon an inventory provided by a qualified specialist. a. Geologically Hazardous Areas: � i. Whenever a proposed development requires a development permit and a geologic hazard is present on the site of the proposed development or on abutting or adjacent sites within fifty feet (50') of the subject site, geotechnical studies by licensed professionals, such as a geotechnical engineer and/or engineering geologist, shall be required. Specifically, geotechnical studies are required for developments proposed on sites with any of the following ' geologically hazardous areas: (a)Sensitive and protected slopes; (b) Medium, high, or very high landslide hazards; (c) High erosion hazards; (d) High seismic hazards; (e) Medium or high coal mine hazards. ii. The required studies shall demonstrate the following review criteria can be met: (a) The proposal will not increase the threat of the geological hazard to adjacent or abutting properties beyond pre-development conditions; and (b) The proposal will not adversely impact other critical areas; and 32 ORDINANCE NO. (c) The development can be safely accommodated on the site. iii. A mitigation plan may be required consistent with RMC 4-3- 050.L. iv. Sensitive Slopes — Medium, High and Very High Landslide Hazards — High Erosion Hazards: Development applications shall submit erosion control plans consistent with Chapter 4-8 RMC, Permits—General and Appeals. v. Coal Mine Hazards: (a) Medium Hazard — Report Required: Reports consistent with Chapter 4-8 RMC, Permits — General and Appeals, shall be prepared for development proposed within medium coal mine hazard areas and for development proposed within two hundred feet (200') of a medium coal mine hazard area. (b) High Hazard — Report Required: Reports consistent with Chapter 4-8 RMC, Permits — General and Appeals, shall be prepared for development proposed within high coal mine hazard areas and for development proposed within five hundred feet (500') of a high coal mine hazard area. b. Habitat Conservation Areas: Based upon RMC 4-3-050.G.6, Habitat Conservation Areas, the City shall require a habitat/wildlife assessment for activities that are located within or abutting a critical habitat, defined in RMC 4-11-030, or that are adjacent to a critical habitat, and have the potential to significantly impact a critical habitat. The assessment shall determine the extent, 33 ORDINANCE N0. function and value of the critical habitat and potential for impacts and mitigation ' consistent with report requirements in RMC 4-8-120.D. �, c. Streams and Lakes: The applicant shall be required to conduct a stream or lake study pursuant to RMC 4-8-120 if a site contains a water body or I buffer area and changes to buffer requirements or alterations of the water body �I or its associated buffer are proposed, either administratively or via a variance � request. A stream or lake study is also required when the project area is within ' one hundred feet (100') of a water body even if the water body is not located on the subject property. d. Wellhead Protection Areas: The City may require an applicant to prepare a hydrogeologic study if the proposal has the potential to significantly impact groundwater quantity or quality, and sufficient information is not readily available. Such a report shall be prepared by a qualified professional at the applicant's expense. Report content requirements may be specified by the City in accordance with State or Federal guidelines or tailored to the particular development application. Peer review of the applicant's report may be required in accordance with RMC 4-3-050.F. e. Wetlands: i. Wetland Categorization: The applicant shall be required to conduct a study to determine the categorization of the wetland if the subject property or project area is within two hundred feet (200') of a wetland even if the wetland is not located on the subject property but it is determined that 34 ORDINANCE NO. alterations of the subject property are likely to impact the wetland in question or its buffer. If there is a potential Category I or II wetland within three hundred feet (300') of a proposal, the City may require an applicant to conduct a study even if the wetland is not located on the subject property but it is determined that alterations of the subject property are likely to impact the wetland in question or its buffer. ii. Wetland Delineation: A wetland delineation using the methods identified in the approved federal delineation manual and applicable regional supplement, as required by WAC 173-22-035, is required for any portion of a wetland on the subject property that will be impacted by the permitted activities. iii. Wetland Assessment: The applicant shall prepare a wetland assessment pursuant to RMC 4-8-120.D.2.3.a—j. f. Period of Validity: Studies submitted and reviewed are valid for five (5) years from date of study completion unless the Administrator determines that conditions have changed significantly. The Administrator may extend the period of validity, provided onsite conditions have not changed. 3.Testing Authorized: a. Pipeline Requirements—Zone 1, As Identified in RMC 4-3-OSO.G.B: If the Department has reason to believe that the operation or proposed operation of an existing non-potable water pipeline, defined in RMC 4-11-160, in Zone 1 of a Wellhead Protection Area may degrade groundwater quality, the 35 ORDINANCE N0. Department may require leakage testing of the existing pipeline in accordance with RMC 4-3-050.G; and installation, sampling, and sample analysis of monitoring wells. Routine leakage testing of existing pipelines in Zone 1 may be required by the Department. Criteria for this determination is specified in RMC 4-3-050.D. h n Should pipeline leakage testing reveal any leakage at any level t e the Department shall require immediate repairs to the pipeline to the satisfaction of the Department such that no infiltration of water into the pipeline or exfiltration of substances conveyed in the pipeline shall occur. Any repairs which are made shall be tested for leakage pursuant to RMC 4-3-050.G. b. Pipeline Requirements—Zone 2, As Itentified in RMC 4-3-050.G.8: If the Department has reason to believe that the operation or proposed operation of an existing pipeline in Zone 2 of a Wellhead Protection Area may degrade groundwater quality, the Department may require leakage testing in accordance with RMC 4-3-050.G; installation, sampling, and sample analysis of groundwater monitoring wells; repair of the pipeline to the satisfaction of the Department such that degradation of groundwater quality is minimized or eliminated. Criteria for this determination is specified under RMC 4-3-050.D. 4. Submittal Requirements: In order to be accepted for review, studies shall include all information as required in Chapter 4-8 RMC. 5. Fees: See the currently adopted City of Renton Fee Schedule brochure available at the City's website or in the City Clerk's Office. 36 ORDINANCE NO. 6. Independent Secondary Review: The City may require independent review of an applicant's report as follows: a. All Critical Areas: When appropriate due to the type of critical areas, habitat, or species present, project area conditions, project scope, or potential for negative impacts to critical areas, or lack of substantial documentation of impact avoidance in first study�the applicant may be required to prepare and/or fund analyses or activities, including, but not limited to: i. An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate. This shall be paid at the applicant's expense, and the Administrator shall select the third-party review professional; and/or ii. A request for consultation with the Washington Department of Fish and Wildlife, Washington State Department of Ecology, or the local Native American Tribe or other appropriate agency; and/or iii. Detailed surface and subsurface hydrologic features both on ' and abutting the site. b. Additional Requirements for Geologically Hazardous Areas: Independent secondary review shall be conducted in accordance with the following: i. Required —Sensitive and Protected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in 37 ORDINANCE NO. accordance with RMC 4-3-050.F, and Chapter 4-8 RMC, Permits — General and Appeals, shall be independently reviewed by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with RMC 4-3- 050.D. ii. Required for Critical Facilities in High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: The City shall require independent review of a geotechnical report addressing a critical facility, defined in RMC 4-11-030, by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with RMC 4-3-050.D. iii. At City's Discretion—High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: For any proposal except critical facilities, the City may require independent review of an applicant's geotechnical report by qualified specialists selected by the City, at the applicant's expense. 7. Waiver of Submittal Requirements: An applicant may request that the Administrator waive the report requirement pursuant to RMC 4-3-050.D, where it has been determined through field documentation that critical areas are not present or as specified below: a. Habitat Assessment: In cases where a proposal is not likely to significantly impact the critical habitat and there is sufficient information to 38 ORDINANCE NO. determine the effects of a proposal, an applicant may request that this report be waived by the Administrator. b. Streams and Lakes: i. Stream or lake Study: This report may only be waived by the Administrator when the applicant provides satisfactory evidence that: (a) A road, building or other barrier exists between the water body and the proposed activity, or (b) The water body or required buffer area does not intrude on the applicant's lot, and based on evidence submitted, the proposal will not result in significant adverse impacts to nearby water bodies regulated under this section; or (c) Applicable data and analysis appropriate to the proposed project exists and an additional study is not necessary. ii. Stream or Lake Mitigation Plan: This plan may only be waived when no impacts have been identified through a stream or lake study. c. Wetland Assessment The wetland assessment shall be waived by the Administrator when the applicant provides satisfactory evidence that a road, building or other barrier exists between the wetland and the proposed activity, when the buffer area, determined with a wetland categorization, needed or required will not intrude on the applicant's lot, or when applicable data and analysis appropriate to the project proposed exists and an additional report is not necessary. 39 ORDINANCE N0: G. DEVELOPMENT STANDARDS: 1. General: No proposai shall result in a loss of critical area functions or values. If the application of these provisions would deny all reasonable use of the property, the applicant may apply for a variance as identified in RMC 4-9- 250. 2. Critical Area Buffers and Structure Setbacks from Buffers: The following critical area buffers and structure setbacks from buffers are established for each critical area. Critical Area Category or Structure Setback beyond Type Critical Area Buffer Width Buffer1 � Flood Hazard Areas � Flood Hazard l Areas I None I None I � Geologically Hazardous Areas 1 ( Steep Slopes:Z 1 Sensitive None3 None3,a Slopes Protected None3 I 15 ft.l Slopess ( Landslide Hazards:2 I Low � None3 I None3'4 I � Medium � None3 � None3'4 I � High � None3 � None3,4 I � Very Highs � 50 ft. I 15 ft.l � � Erosion Hazards: � � Low � None � None I � High � None � None � � seismic Hazards: � I Low I None � None � � High I None I None 1 � Coal Mine Hazards: 1 I Low � None3 � None3 � � Medium � None3 � None3 � � High � None3 � None3 � 40 ORDINANCE NO. � Habitat Conservation Areas � Established by Administrator per � Critical Habitats RMC 4-3-050.G 15 ft.l � Streams and LakesS � � Type F � 115 ft. � 15 ft.l � I Type N p � 75 ft. � 15 ft.l � I Type Ns � 50 ft. � 15 ft.l � � Wellhead Protection Areas l . � Zones 1 and 2 � None � None � � Wetlands6 � Low Impact Land Uses:� High Moderate Low Habitat Habitat Habitat All Function Function Function Other - 5-7 3-4 Scores (8 9 ( ( points) points) points) Category I —Bogs & Natural 175 ft. Heritage 15 ft.l Wetlands Category I —All 175 ft. 125 ft. 75 ft. 75 ft Others Category II � 150 ft. � 100 ft. � 75 ft. � n/a Category III I 100 ft. I 75 ft. I 50 ft. n/a Category IV I 40 ft. n/a � All Other land Uses: High Moderate Low Habitat Habitat Habitat All Function Function Function Other (8-9 (S-7 (3-4 Scores points) points) points) Category I —Bogs & 15 ft.l Natural 200 ft. Heritage Wetlands Category I —All 200 ft. 150 ft. 115 ft. 115 ft Others 41 ORDINANCE N0. Category II � 175 ft. � 150 ft. � 100 ft. � n/a Category II I 125 ft. 100 ft. 75 ft. n/a Category I 50 ft. I n/a IV Footnotes: 1.The following may be allowed in the building setback area: a. Landscaping; b. Uncovered decks, less than eighteen inches (18") above grade; c. Building overhangs, if such overhangs do not extend more than twenty-four inches (24") into the setback area; and d. Impervious ground surfaces, such as driveways and patios, provided that such improvements may be subject to water quality regulations and maximum impervious surface limitations. 2. Buffers shall be established from the top,toe, and sides of slopes. 3. Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. 4. Unless required pursuant to the adopted building code or Building Official. 5. When a required stream/lake buffer falls within a protected slope or very high landslide hazard area, the stream/lake buffer width shall extend to the boundary of the protected slope of very high landslide hazard area. 6.Areas that are functionally and effectively disconnected from the wetland by a permanent road or other substantially developed surface of sufficient width and with use characteristics such that bufFer functions are not provided shall not be counted toward the minimum buffer unless these areas can be feasibly removed, relocated or restored to provide buffer functions. 7. Low intensity land uses include but are not limited to the following: unpaved trails, low intensity open space (hiking, bird-watching, preservation of natural resources, etc.) and utility corridor without a maintenance road and little or no vegetation management. 3. Native Growth Protection Areas: a. Required: A native growth protection area shall be instituted to protect a critical area from any proposed development for a non-exempt activity as follows: 42 ORDINANCE N0. i. Protected slopes and their associated buffers. ii. Very high landslide hazard areas and their associated buffers. iii. Class F, Np, and Ns, as defined in subsection F.7 of these regulations, streams or lakes and their associated buffers. iv. Category I, II, III, or IV wetlands, as defined in subsection 9.c of these regulations, and their associated buffers. b. May be Required: Native growth protection areas may be required for high landslide hazard area buffers, or for critical habitats and their buffers. c. Application as Condition of Approval When Othenivise Not Required: A proposal may be conditioned to provide for native growth protection areas. � d. Standards: � i. Trees, shrubs, and ground cover shall be retained in designated native growth protection areas. ii. Any activities in native growth protection areas shall be consistent with applicable critical area regulations. iii. The City may require enhancement of native growth protection ' areas to improve functions and values, reduce erosion or landslide potential, or Ii to meet another identified purpose of these critical area regulations. I� e. Method of Creation: Native growth protection areas shall be established by one of the following methods, in order of preference: 43 ORDINANCE N0. i.Tract and Deed Restridion:The applicant shall create a tract via the subdivision and record a permanent and irrevocable covenant running with the land or deed restriction on the property title of any critical area management tract or tracts created as a condition of a permit. Such covenant or deed restriction(s) shall prohibit development, alteration, or disturbance within the tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City, and from any other agency with jurisdiction over such activity. A covenant running with the land shall be placed on the tract restricting its separate sale. Each abutting lot owner or the homeowners' association shall have an undivided interest in the tract. ii. Conservation Easement: The applicant shall, subject to the , City's approval, convey to the City or other public or nonprofit entity specified by the City, a recorded easement for the protection of the critical area and/or its buffer. iii. Protective Easement: The applicant shall establish and record a permanent and irrevocable easement on the property title of a parcel or tract I�' of land containing a critical area and/or its buffer created as a condition of a I permit. Such protective easement shall be held by the current and future property owner, shall run with the land, and shall prohibit development, alteration, or disturbance within the easement except for purposes of habitat ' enhancement as part of an enhancement project which has received prior I 44 ORDINANCE NO. written approval from the City, and from any other agency with jurisdiction over such activity. f. Marking Prior to and During Construction: The location of the outer extent of the critical area buffer and areas not to be disturbed pursuant to an approved plan shall be marked with high visibility orange construction fencing and silt fencing in the field to prevent disturbance by individuals and equipment during the development or construction of the approved activity. g. Permanent Fencing Required: Permanent fencing of the native growth protection area containing critical area and buffers is required, except when studies document to the satisfaction of the reviewing official that such fencing will adversely impact habitat connectivity. h. Signage Required: The common boundary between a native growth protection area and the abutting land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Sign locations and size specifications shall be approved by the City. Suggested wording is as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law." i. Responsibility for Maintenance: Responsibility for maintaining the native growth protection easements or tracts shall be held by a homeowners' association, abutting lot owners, the permit applicant or designee, or other appropriate entity, as approved by the City. 45 III ORDINANCE N0. j. Maintenance Covenant and Note Required: The following note shall appear on the face of all plats, short plats, PUDs, or other approved site plans containing separate native growth protection easements or tracts, and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of • lots created by or benefiting from this City action, abutting or including a native growth protection easement [tract� are responsible for maintenance and protection of the easement [tractJ. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the City has been received." 4. Flood Hazard Areas: a. Classification: Flood hazard areas are defined as the land in the floodplain subject to one percent (1%) or greater chance of flooding in any given year. Designation on flood maps always include the letters A or V. b. Data to be Used for Existing and Future Flow Conditions: The City shall determine the components of the flood hazard areas after obtaining, reviewing and utilizing base flood elevations and available floodplain data for a j flood having a one percent (1%) chance of being equaled or exceeded in any given year, often referred to as the "one-hundred-year flood." The City may require projections of future flow conditions for proposals in unmapped potential flood hazard areas. 46 ORDINANCE NO. � c. General Standards: In all flood hazard areas, the following standards are required: i. Anchoring — All New Construction: All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. ii. Anchoring — Manufactured Homes: All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's Manufactured Home Installation in Frequently Flooded Areas guidebook for additionat techniques). iii. Construdion Materials and Methods: (a) All new construction and substantial improvernents shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods, statutes, codes, rules, regulations and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumutating within the components during conditions of flooding. iv. Utilities: 47 ORDINANCE N0. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. A proposed water well shall be Iocated on high ground that is not in the floodway (WAC 173-160-171). (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. v. Subdivision Proposals: (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (d) All subdivision proposals shall show the flood hazard areas information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area. vi. Project Review: 48 ORDINANCE N0. (a) Where elevation data is not available either through the flood insurance study or from another authoritative source, i.e., RMC 4-3-OSO.D, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet (2') above grade in these zones may result in higher insurance rates. (b) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by the applicant. d. Specific Standards: In all flood hazard areas, the following provisions are required: i. Residential Construction: (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot (1') above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 49 ORDINANCE NO. (1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and (2) The bottom of all openings shall be no higher than one foot (1') above grade; and (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters. ii. Manufactured Homes: (a) All manufactured homes to be placed or substantially improved within Zones A1-A30, AH, and AE on the community's Flood Insurance Rate Map , shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot (1') above the base flood elevation and be secured to an adequately anchored foundation system to resist flotation,collapse and lateral movement. (b) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the above manufactured home provisions shall be elevated so that either the lowest floor of the manufactured home is elevated a minimum of one foot (1') above the base flood elevation or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least 50 ORDINANCE NO. equivalent strength that are no less than thirty-six inches (36") in height above grade and be secured to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. iii. Nonresidential Construction: New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated a minimum of one foot (1') above the level of the base flood elevation. he lowest or, together with i attendant utility and sanitary facilities, shall: (a) Be floodproofed so that below the minimum etevation required in RMC 4-3-050.G the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (c) Be certified by a registered professional engineer or architect so that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Administrator; (d) Nonresidential structures that are elevated, but not floodproofed, must meet the same standards for space below the lowest floor as described in RMC 4-3-050.G; 51 ORDINANCE NO. iv. Recreational Vehicles: Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map not including recreational vehicle storage lots shall either: (a) Be on the site for fewer than one hundred eighty (180) consecutive days; (b) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (c) Meet the requirements of RMC 4-3-050.G and the elevation and anchoring requirements for manufactured homes. e. Additional Restrictions within Floodways: Floodways, defined in RMC 4-11-060, are located within flood hazard areas established in RMC 4-3- 050.D, Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: i. Increase in Flood Levels Prohibited: Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that: (a) Encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and 52 ORDINANCE N0. (b) There are no adverse impacts to the subject property or abutting or adjacent properties; and (c) There are no higher flood elevations upstream; and (d) The impact due to floodway encroachment shall be analyzed using future land use condition flows. ii. Residential Construction in Floodways: Construction or reconstruction of residential structures is prohibited within designated floodways, except for: a Re airs, reconstruction, or im rovements to a structure � ) p P which do not increase the ground floor area; and (b) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent (50%) of the market value of the structure either: (1) before the repair, reconstruction, or improvement is started; or (2) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places may be excluded in the fifty percent (50%). iii. Compliance Requirements: If RMC 4-3-050.G is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard areas reduction provisions of this section. 53 ORDINANCE N0. iv. Bridges Crossing Floodways: In mapped or unmapped flood hazard areas, future flow conditions shall be considered for proposed bridge proposals crossing floodways. f. Critical Facility: Construction of new critical facilities, as defined in RMC 4-11-030, shall be, to the extent possible, located outside the limits of flood hazard areas (one hundred (100) year) floodplain. Construction of new critical facilities shall be permissible within flood hazard areas if no feasible alternative site is available. Critical facilities constructed within flood hazard areas shall have the lowest floor elevated three feet (3') or more above the level of the base flood elevation (one hundred (100) year) at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. g. Compensatory Storage: i. Compensatory Storage Required: Development proposals and other alterations shall not reduce the effective base flood storage volume of the floodplain. If grading or other activity will reduce the effective storage volume, compensatory storage shall be created on the site or off the site if legal , arrangements can be made to assure that the effective compensatory storage volume will be preserved over time. Compensatory storage shall be configured so as not to trap or strand salmonids after flood waters recede and may be 54 ORDINANCE NO. configured to provide salmonid habitat or high flow refuge whenever suitable site conditions exist and the configuration does not adversely affect bank stability or existing habitat. Effective base flood storage volume shall be based on the elevations shown in the flood hazard areas map, identified in RMC 4-3- 05.E.3 or as determined through a study where no base flood evaluation information exists. ii. Determining Finished Floor Elevations According to FEMA: The FEMA one hundred (100) year flood plain elevations shall be used to establish building finished floor elevations to comply with other National Flood Insurance Program requirements. 5. Geologically Hazardous Areas Defined: a. Steep Slope Types: i. Sensitive slopes: A hillside, or portion thereof, characterized by: (a) an average slope of twenty-five percent (25%) to less than forty percent (40%) as identified in the City of Renton Steep Slope Atlas or in a method approved by the City; or (b) an average slope of forty percent (40%) or greater with a vertical rise of less than fifteen feet (15') as identified in the City of Renton Steep Slope Atlas or in a method approved by the City; (c) abutting an average slope of twenty-five percent (25%) to forty percent (40%) as identified in the City of Renton Steep Slope Atlas or in a method approved by the City. This definition excludes engineered retaining walls. 55 �I ORDINANCE N0. ii. Protected slopes: A hillside, or portion thereof, characterized by an average slope of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15') as identified in the City of Renton Steep Slope Atlas or in a method approved by the City. b. Landslide Hazards: i. Low Landslide Hazard (LL): Areas with slopes less than fifteen percent (15%). ii. Medium Landslide Hazard (LM): Areas with slopes between fifteen percent (15%) and forty percent (40%) and underlain by soils that consist largely of sand, gravel or glacial till. iii. High landslide Hazards (LH): Areas with slopes greater than forty percent (40%), and areas with slopes between fifteen percent (15%) and forty percent(40%) and underlain by soils consisting largely of silt and clay. iv. Very High Landslide Hazards (LV): Areas of known mapped or identified landslide deposits. c. Erosion Hazards: i. Low Erosion Hazard (EL): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Service) as having slight or moderate erosion potential, and a slope less than fifteen percent (15%). ii. High Erosion Hazard (EH): Areas with soils characterized by the Natural Resource Conservation Service (formerly U.S. Soil Conservation Servicej 56 -_ . ORDINANCE NO. as having severe or very severe erosion potential, and a slope more than fifteen percent (15%). d. Seismic Hazards: i. Low Seismic Hazard (SL): Areas underlain by dense soils or bedrock. These soils generally have site classifications of A through D, as defined in the International Building Code, 2012. ii. High Seismic Hazard (SH): Areas underlain by soft or loose, saturated soils. These soils generally have site classifications E or F, as defined in the International Building Code, 2012. e. Coal Mine Hazards: i. Low Coal Mine Hazards (CL): Areas with no known mine workings and no predicted subsidence. While no mines are known in these areas, undocumented mining is known to have occurred. ii. Medium Coal Mine Hazards (CM): Areas where mine workings are deeper than two hundred feet (200') for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. iii. High Coal Mine Hazard (CH): Areas with abandoned and � im r erl aled mine o enin s and areas underlain b mine workin s p op y se p g y g shallower than two hundred feet (200') in depth for steeply dipping seams, or shallower than fifteen (15) times the thickness of the seam or workings for 57 ORDINANCE N0. gently dipping seams. These areas may be affected by collapse or other subsidence. f. Protected Slopes, as defined in subsection a.ii, above: Development is prohibited on protected slopes. Exceptions to this prohibition may be granted pursuant to RMC 4-3-050.J. g. Sensitive Slopes—Medium, High and Very High Landslide Hazards — High Erosion Hazards: During construction, weekly on-site inspections shal) be required at the applicant's expense. Weekly reports documenting erosion control measures shall be required. h. Very High Landslide Hazards: i. Prohibited Development: Development shall not be permitted on land designated with very high landslide hazards. Exceptions to this prohibition may be granted pursuant to RMC 4-3-050.J. ii. Buffer Modification: The Administrator may increase or decrease the required buffer based upon the results of a geotechnical report, and any increase or decrease based upon the results of the geotechnical report shall be documented in writing and included with the project approval. The modified standard shall be based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information,the steps in RMC 4-9-250 shatl be followed. i. Coal Mine Hazards: 58 ORDINANCE N0. i. Mitigation — Additional Engineering Design and Remediation Speci�cations: After approval of the mitigation approach proposed as a result of RMC 4-3-050.D, and prior to construction, the applicant shall complete engineering design drawings and specifications for remediation. Upon approval of the plans and specifications, the applicant shall complete the remediation. Hazard mitigation shall be performed by or under the direction of a licensed geotechnical engineer or engineering geologist. The applicant shall document the hazard mitigation by submitting as-builts and a remediation construction report. ii. Hazards Found during Construction: Any hazards found during any development activities shall be immediately reported to the Development Services Division. Any coal mine hazards shall be mitigated prior to recommencing construction based upon supplemental recommendations or reports by the applicant's geotechnical professional. iii. Construction in Areas with Combustion: Construction shall not be permitted where surface or subsurface investigations indicate the possible i presence of combustion in the underlying seam or seams, unless the impact is adequately mitigated in accordance with the recommendations of the applicant's geotechnical professional. 6. Habitat Conservation Areas: a. Classification of Critical Habitats: Habitats that have a primary association with the documented presence of non-salmonid or salmonid species ' S9 ORDINANCE N0. (see RMC 4-3-OSO.L.1 and RMC 4-3-090, Shoreline Master Program Regulations, for salmonid species) species proposed or listed by the Federal government or State of Washington as endangered, threatened, sensitive and/or of local importance. b. Mapping: Critical habitats are identified by lists, categories and definitions of species promulgated by the Washington State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12-011; in the Priority Habitat and Species Program of the Washington State Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service. c. Buffers: The Administrator shall require the establishment of buffer areas for activities in, or adjacent to, habitat conservation areas when needed to protect fish and wildlife habitats of importance. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, functions and values of the affected habitat. Buffer widths shall be based on: i. Type and intensity of human activity proposed to be conducted on the site and adjacent sites. ii. Recommendations contained within a habitat assessment report. iii. Management recommendations issued by the Washington Department of Fish and Wildlife. 60 ORDINANCE NO. d Alterations Require Mitigation: The Administrator may approve mitigation to compensate for adverse impacts of a development proposal to habitat conservation areas through use of a federally and/or state certified mitigation bank or in-lieu fee program. See RMC 4-3-OSO.L. 7. Streams and Lakes: � a. Classification System: The following classification system is hereby adopted for the purposes of regulating Streams and Lakes in the City. This classification system is based on the State's Permanent Water Typing System WAC 222-16-030. Stream and lake buffer widths are based on the following rating system: i. Type 5: Waters inventoried as "Shorelines of the State" under chapter RCW 90.58. These waters are regulated under Renton's Shoreline Master Program RMC Chapter 4-3-090. ii. Type F: Waters that are known to be used by fish or meet the physical criteria to be potentially used by fish and that have perennial (year- round) or seasonal flows. iii. Type Np: Waters that do not contain fish or fish habitat and that have perennial (year-round) flows. Perennial stream waters do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. 61 ORDINANCE N0. iv. Type Ns: Waters that do not contain fish or fish habitat and have intermittent flows. These are seasonal, non-fish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected by an above-ground channel system to Type S, F, or Np Waters. b. Non-regulated: Waters that are considered "intentionally created" not regulated under this section include irrigation ditches, grass-lined swales and canals that do not meet the criteria for Type S, F, Np, or Ns Non-regulated waters � may also include streams created as mitigation. Purposeful creation must be demonstrated through documentation, photographs, statements a.nd/or other persuasive evidence. c. Measurement: i. Stream/lake Boundary: The boundary of a stream or lake shall be considered to be its ordinary high water mark (OHWM). The OHWM shall be flagged in the field by a qualified consultant when any study is required pursuant to RMC 4-3-050.G.7. ii. Buffer: The boundary of a buffer shall extend beyond the boundaries of the stream or lake to the width applicable to the stream/lake class as noted in RMC 4-3-050.G.2, Critical Area Buffers and Structure Setbacks from Buffers. Where streams enter or exit pipes, the buffer in this subsection shall be 62 ORDINANCE NO. measured perpendicular to the OHWM from the end of the pipe along the open channel section of the stream. � , ; :� ;� Figure 4-3-050.G.7.c.ii. Buffer measurement at pipe opening. d. Stream/Lake Buffer Width Requirements: i. Buffers and Setbacks: (a) Minimum Stream/Lake Buffer Widths: See RMC 4-3- 050.G.2. (b) Piped or Culverted Streams: (1) Building structures over a natural stream located in an underground pipe or culvert except as may be granted by a variance in RMC 4-9- 250 are prohibited. Transportation or utility crossings or other alterations pursuant to RMC 4-3-OSO.J. are allowed. Pavement over a pre-existing piped stream is allowed. Relocation of the piped stream system around structures is allowed. If structure locations are proposed to be changed or the piped stream is being relocated around buildings, a hydrologic and hydraulic analysis of existing piped stream systems will be required for any development project site that 63 ORDINANCE NO. contains a piped stream to ensure it is sized to convey the one hundred (100) year runoff level from the total upstream tributary area based on future land use conditions. (2) No buffers are required along segments of piped or culverted streams. The City shall require easements and setbacks from pipes or culverts consistent with stormwater requirements in RMC 4-6-030 and the adopted drainage manual. ii. Increased Buffer Width: (a) Areas of High Blow-down Potential: Where the stream/lake buffer is in an area of high blow-down potential for trees as identified by a qualified professional, the buffer width may be expanded an additional fifty feet (50')on the windward side. (b) Habitat Corridors: Where the stream/lake buffer is adjacent to high functioning critical areas (e.g., wetlands, other streams, other identified habitats), the stream/lake buffer width shall be extend to the buffer boundary of the other protected critical area to establish a habitat corridor as needed to protect or establish contiguous vegetated areas between streams/lakes and other critical areas. e. Criteria for Permit Approval —Type F, Np, and Ns: Permit approval for projects on or near regulated Type F, Np and Ns water bodies shall be granted only if the approval is consistent with the provisions of this subsection, and complies with one of the following conditions: 64 ORDINANCE NO. i. A proposed action meets the standard provisions of this section and results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located; or ii. A proposed action meets alternative administrative standards pursuant to this section and the proposed activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located; or iii. A variance process is successfully completed and the proposed activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage basin where the site is located. f. Incentives for Restoration of Streams Located in an Underground Pipe or Culvert: Daylighting of culverted watercourses should be encouraged and allowed with the following modified standards: i. Residential Zones: Reduced setbacks, lot width and lot depth '' standards of Chapter 4-2 RMC may be approved without requirement of a 'I variance for lots that abut the daylighted watercourse to accommodate the same number of lots as if the watercourse were not daylighted. � ii. Mixed Use, Commercial, and Industrial Zones: Where greater lot coverage allowances are provided for structured parking in Chapter 4-2 RMC, I' lot coverage may be increased to the limit allowed for structured parking if instead a stream is daylighted. The increase in impervious surface allowed shall be equal to the area of stream restoration. � 65 ORDINANCE N0. (a) Standard buffers may be reduced pursuant to RMC 4-3- 050.1. If reduced buffers in RMC 4-3-050.1 along with other development standards of the zone would not allow the same development levei as without the watercourse daylighting, a modification may be requested as in RMC 4-3- 050.1.2.c. (b) When designed consistent with the City's flood regulations in RMC 4-3-050.G, portions of the daylighted stream/created buffer may be considered part of compensatory storage in flood hazard areas. (c) Stream relocation is permitted subject to RMC 4-3- 050.J. 8. Wellhead Protection Areas: a. Applicability: Developments, facilities, uses and activities discussed in this subsection shall comply with the applicable provisions and restrictions of this section and RMC 4-4, 4-5, 4-6, 4-9, and 5-5 for the Wellhead Protection Areas, as classified below, in which the developments, facilities, uses and activities are located, except as preempted by Federal or State law. i. Wellhead Protection Areas: Wellhead Protection Areas are the portion of an aquifer within the zone of capture and recharge area for a well or � well field owned or operated by the City. ii. Wellhead Protection Area Zones: Zones of a Wellhead Protection Area are designated to provide graduated levels of Wellhead Protection Area recharge. Zone boundaries are determined using best available 66 ORDINANCE NO. science documented in the City of Renton Wellhead Protection Plan, an appendix of the City of Renton Water System Plan, as periodically updated. The following zones may be designated: (a) Zone 1: The land area situated between a well or well field the Cit and the three hundred sixt -five 365 da roundwater travel owned by y y ( ) y g time contour. (b) Zone 1 Modified: The same land area described for Zone 1 but for the purpose of protecting a high-priority well, wellfield, or spring withdrawing from a confined aquifer with partial leakage in the overlying or underlying confining layers.. Uses, activities, and facilities located in this area are regulated as if located within Zone 1 except as provided by RMC 4-3-OSO.G.8. (c) Zone 2: The land area situated between the three hundred sixty-five (365) day groundwater travel time contour and the boundary of the zone of potential capture for a well or well field owned or operated by the City. If the aquifer supplying water to such a well, well field, or spring is naturally protected by confining overlying and underlying geologic layers, the City may choose not to subdivide a Wellhead Protection Area into two (2) zones. In such a case, the entire Wellhead Protection Area will be designated as Zone 2. iii. Mapping: (a) Determination of location within a Zone of a Wellhead Protection Area: In determining the location of facilities within the zones, the following rules shall apply: 67 ORDINANCE NO. (1) Facilities located wholly within a Wellhead Protection zone shall be governed by the restrictions applicable to that zone. (2) Facilities having parts lying within more than one zone of a Wellhead Protection Area shall be governed as follows: Each part of the facility shall be reviewed and regulated by the requirements set forth in this section for the zone in which that part of the facility is actually located. (3) Facilities having parts lying both in and out of a Wellhead Protection Area shall be governed as follows: (a) That portion which is within a Wellhead Protection . Area shall be governed by the applicable restrictions in this section; and (b) That portion which is not in a Wellhead Protection Area shall not be governed by this section. b. Facilities: i. Hazardous Materials — Use, Production, Storage, Treatment, Disposal, or Management: Persons that store, handle, treat, use, or produce a , hazardous material as defined by RMC 4-11-080, Definitions H, which are new, existing, or to be closed, shall be subject to the requirements of this section, and � as further specified below: (a) All applications for development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or 68 —� ORDINANCE N0. produced at a location in the Wellhead Protection Area must be reviewed for compliance with this chapter by the Department prior to approval. (b)The focus of review for all permits will be on the hazardous materials that will be stored, handled, treated, used, or produced; and the potential for these substances to degrade groundwater quality. (c) An inventory of hazardous materials on forms provided by the Department shall be submitted to the Department upon application for a development permit. (d) Where required by the Department, plans and specifications for secondary containment shall be submitted and shall comply with RMC 4-3-050.G.8. Development permits shall not be issued until plans and specifications for secondary containment, if required, have been approved by the Department. ii. New Facilities—Zones 1 and 2: All proposals for new facilities within any zone of an Wellhead Protection Area must be reviewed for compliance with this section prior to issuance of any development permits for uses in which hazardous materials are stored, handled, treated, used or produced or which increase the quantity of hazardous materials stored, handled, treated, used, or produced. iii. Prohibited Facilities—Zone 1: (a) The storage, handling, use, treatment or production of hazardous materials in aggregate quantities greater that five hundred (500) 69 ORDINANCE NO. gailons shall not be aliowed within Zone 1 of a Welihead Protection Area. The storage, handling, use,treatment or production of tetrachloroethylene (e.g., dry- cleaning fluid) shall not be allowed within Zone 1 of a Wellhead Protection Area. (b) No person, persons, corporation or other legal entity shall temporarily or permanently abandon, close, sell, or otherwise transfer a facility in a Wellhead Protection Area without complying with the requirements of RMC 4-9-015.F, Closure Permit, and permit conditions of this section. iv. Existing Facilities Change in Quantities—Zone 1: In Zone 1 of a Wellhead Protection Area, no change in operations at a facility shall be allowed that increases the aggregate quantity of hazardous materials stored, handled, treated, used, or produced with the following exception: An increase in the quantity of hazardous materials is allowed up to the amount allowed for a new facility in Zone 1 as provided by RMC 4-3-050.C. v. Existing Facilities — Allowances in Zone 2: The storage, handling, treatment, use or production of hazardous materials at existing facilities shall be allowed within Zone 2 of a Wellhead Protection Area upon compliance with the permit requirements, release reporting requirements, and closure requirements of this section. vi. Requirements for Facilities — Zones 1 and 2: The following - conditions in RMC 4-3-OSO.G.8.b.vi.(a) to (d) will be required as part of any operating permit issued for facilities in Zone 1 of a Wellhead Protection Area. 70 ORDINANCE N0. Conditions in RMC 4-3-050.G.8.b.vi.(a)to (c) shall apply to facilities in Zone 2 of a Wellhead Protection Area. (a) Secondary Containment—Zones 1 and 2: (1) Materials Stored in Tanks subjed to DOE — Zones 1 and 2: Hazardous materials stored in tanks that are subject to regulation by the Washington Department of Ecology under chapter 173-360 WAC are exempt from containment requirements in RMC 4-3-050.G.8.b.vi.(a)(2), Secondary Containment—Zones 1 and 2, but are subject to applicable requirements in RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations. (2) Secondary Containment Devices Required in Zones 1 and 2: Every owner of a facility shall provide secondary containment devices adequate in size to contain on-site any unauthorized release of hazardous materials from any area where these substances are either stored, handled, treated, used, or produced. Secondary containment devices shall prevent hazardous materials from contacting soil, surface water, and groundwater and shall prevent hazardous materials from entering storm drains and, except for authorized and permitted discharges, the sanitary sewer. (A) Design requirements for secondary containment devices are as follows: (i) The secondary containment device shall be large enough to contain the volume of the primary container in cases where a single container is used to store, handle, treat, use, or produce a hazardous ' 71 ORDINANCE N0. material. In cases where muitiple containers are used, the secondary containment device shall be large enough to contain the volume of the largest container. Volumes specified are in addition to the design flow rate of the automatic fire extinguishing system, if present, to which the secondary containment device is subjected. The secondary containment device shall be capable of containing the fire flow for a period of twenty (20) minutes or more. (ii) All secondary containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material. If coatings are used to provide chemical resistance for secondary containment devices, they shall also be resistant to expected abrasion and impact conditions. Secondary containment devices shall be capable of containing any unauthorized release for at least the maximum anticipated period sufficient to allow detection and removal of the release. (iii) Hazardous materials stored outdoors and their attendant secondary containment devices shall be covered to preclude precipitation with the exception of hazardous materials stored in tanks that have been approved by and are under permit from the City of Renton Fire Prevention Bureau. Secondary containment for such tanks, if uncovered, shall be able to accommodate the volume of precipitation that could enter the containment device during a twenty-four (24) hour, twenty-five (25) year storm, in addition to the volume of the hazardous material stored in the tank. 72 ORDINANCE NO. (iv) Secondary containment devices shall include monitoring procedures or technology capable of detecting the presence of a hazardous material within twenty-four (24) hours following a release. (v) Hazardous materials shall be removed from the secondary containment device within twenty-four (24) hours of detection and shall be legally stored or disposed. (vi) Areas in which there are floor drains, catchbasins, or other conveyance piping that does not discharge into a secondary containment device that meets the requirements of this chapter shall not be used for secondary containment of hazardous materials. Closure of existing piping shall be according to procedures and designs approved by the Department. (vii) Primary containers shall be impervious to the contents stored therein, properly labeled, and fitted with a tight cover which is kept closed except when sub,stances are being withdrawn or used. (viii) Hazardous materials stored outdoors when the facility is left unsupervised must be inaccessible to the public. Such techniques as locked storage sheds, locked fencing, or other techniques may be used if they will effectively preclude access. (ix) Stored hazardous materials shall be protected and secured, as needed, against impact and earthquake to prevent damage to 73 ORDINANCE N0. the primary container that would result in release of hazardous materials that I would escape the secondary containment area. (b) Monitoring Required: See RMC 4-9-015. (c) Emergency Collection Devices — Zones 1 and 2: Vacuum suction devices, absorbent scavenger materials, or other devices approved by the Department shall be present on site (or available within an hour by contract with a cleanup company approved by the Department), in sufficient quantity to control and collect the total quantity of hazardous materials plus absorbent material. The presence of such emergency collection devices and/or cleanup contract are the responsibility and at the expense of the owner and shall be documented in the operating permit. (d)Additional Facility Requirements for Zone 1: (1) An owner of a facility may, at their own expense, be required to institute a program to monitor groundwater, surface water runoff, and/or site soils. The Department may require that the owner of a facility install one or more groundwater monitoring wells in a manner approved by the Department in order to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to the City's production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. 74 ORDINANCE N0. (2) An owner may be required to pave all currently unpaved areas of their facility that are subject to any vehicular use or storage, use, handling, or production of hazardous materials. (3) An owner may be required to meet the provisions of RMC 4-6-030.E.4 if the nature of the business involves the use of hazardous materials outside of fully enclosed structures, and the City evaluates the existing stormwater collection and conveyance system. (4) The owner may be required to test interior i wer for ti htness accordin to RMC wastewater Nlumwin�an� the �uil�ing s de se g g 4-3-050.G.8.g.i.(c), Pipeline Requirements — Zone 1, and the City reserves the right to require that such wastewater conveyance be repaired or replaced according to RMC 4-3-050.G.8.g.i, Pipeline Requirements—Zone 1. (5) An owner shall be paid by the City, fifty percent (50%) of documented capital costs up to twenty-five thousand dollars ($25,000.00) for required installation and construction of monitoring wells, site paving, wastewater conveyance, and stormwater improvements as required in RMC 4-3- 050. G.8.b.vi.(f)(1) and (2), Groundwater Monitoring and Paving. Payment by the City shall be made according to adopted administrative rules. c. Limited Exemptions: Activities that are exempt from some, but not all provisions of this section are listed below. Whether the exempted activities are also exempt from permits will be determined based upon application of 75 ORDINANCE NO. � Chapters 4-8 and 4-9 RMC, or other appiicable sections of the Renton Municipal � Code. ' i. Hazardous Materials (a) Materials for Sale in Original Small Containers: Hazardous materials offered for sale in their original containers of five (5) gallons or less shall be exempt from requirements in RMC 4-3-050.H.2.d.i through vi and the requirements pertaining to removal of existing facilities in RMC 4-3-050.H.2.a.i. (b) Activities Exempt from Specified Wellhead Protection Areas Requirements: The following are exempt from requirements in RMC 4-3- 050.G.8.b.vi.(a) through (d), the requirements pertaining to review of proposed facilities in RMC 4-3-050.C.S.d, Prohibited Changes in Land Use and Types of New Facilities — Wellhead Protection Areas, and the requirements pertaining to prohibited facilities in 4-3-050.G.8.b.iii(a). (1) Hazardous materials use, storage, and handling in de minimis amounts (aggregate quantities totaling twenty (20) gallons or less at the facility or construction site). Weights of solid hazardous materials will be converted to volumes for purposes of determining whether de minimis amounts are exceeded.Ten (10) pounds shall be considered equal to one (1) gallon. (2) Noncommercial residential use, storage, and handling of hazardous materials; provided, that no home occupation business (as defined by Chapter 4-11 RMC) that uses, stores, or handles more than twenty (20) gallons of hazardous material is operated on the premises. 76 ORDINANCE N0. (3) Haza rdous materials in fuel tanks and fluid reservoirs attached to a private or commercial motor vehicle and used directly in the operation of that vehicle. (4) Fuel oil used in existing heating systems. (5) Hazardous materials used, stored, and handled by the City of Renton in water treatment processes and water system operations. (6) Fueling of equipment not licensed for street use; provided, that such fueling activities are conducted in a containment area that is designed and maintained to prevent hazardous materials from coming into contact with soil, surface water, or groundwater except for refueling associated with construction activity regulated by RMC 4-3-050.H.8, Construction Activity Standards—Zones 1 and 2. (7) Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use. (8) Hazardous materials in fuel tanks and fluid reservoirs attached to private or commercial equipment and used directly in the operation of that equipment. (9) Hazardous materials in aerosol cans. (10) Hazardous materials at multi-family dwellings, hotels, motels, retirement homes, convalescent centers/nursing homes, mobile or manufactured home parks, group homes, and daycare family homes or centers 77 ORDINANCE NO. when used by owners and/or operators of such facilities for on-site operation and maintenance purposes. (11) Hazardous materials used for janitorial purposes at the facility where the products are stored. (12) Hazardous materials used for personal care by workers or occupants of the facility at which the products are stored including but not limited to soaps, hair treatments, grooming aids, health aids, and medicines. (c) Uses, Facilities, and Activities in Zone 1 Modified Wellhead Protection Areas Exempt from Specified Wellhead Protection Areas Requirements: Facilities located in the Zone 1 Modified Wellhead Protection Areas are exempt from the following: (1) Prohibited facilities requirements in RMC 4-3-050. G.8.b.iii.(a) except that the storage, handling, use, treatment, and production of tetrachloroethylene (e.g., dry-cleaning fluid) shall be prohibited; (2) Additiona) facility requirements in RMC 4-3-050. G.8.b.vi.(d); (3) Wastewater requirements in RMC 4-6-040.J.1.a but shall be subject to Zone 2 requirements in RMC 4-6-040.J.2; (4)The prohibition of septic systems; and (5) Surface water management requirements of RMC 4-6- 030.E except that Zone 2 requirements contained in RMC 4-6-030.E shall apply. 78 ORDINANCE N0. d. Use of Pesticides and Nitrates—All Wellhead Protection Areas: i. Use of Pesticides: The application of hazardous materials such as pesticides shall be allowed in a Wellhead Protection Area, except within one hundred feet (100') of a City owned well or two hundred feet (200') of a City owned spring; provided, that: (a) The application is in strict conformity with the use requirements as set forth by the EPA and as indicated on the containers in which the substances are sold. (b) Persons who are required to keep pesticide application records by RCW 17.21.100.1 and WAC 16-228-190 shall provide a copy of the required records to the Department within seventy-two (72) hours of the '� application. I' ii. Fertilizers/Nitrate-Containing Materials: The application of fertilizers containin nitrates shall be allowed in a Wellhead Protection Area g except within one hundred feet (100') of a City owned well or two hundred feet (200')of a spring; provided,that: (a) No application of nitrate-containing materials shall exceed one-half(0.5) pound of nitrogen per one thousand (1,000) square feet per single application and a total yearfy application of five (5) pounds of nitrogen per one thousand (1,000) square feet; except that an approved slow-release nitrogen may be applied in quantities of up to nine-tenths (0.9) pound of nitrogen per one 79 ORDINANCE N0. thousand (1,000) square feet per single application and eight (8) pounds of nitrogen per one thousand (1,000) square feet per year; and (b) Persons who apply fertilizer containing nitrates to more than one (1) contiguous acre of land located in the Wellhead Protection Area either in one (1) or multiple application(s) per year shall provide to the Department within seventy-two (72) hours of any application the following information: (1) The name, address, and telephone number of the person applying the fertilizer; (2)The location and land area of the application; (3)The date and time of the application; (4)The product name and formulation; (5)The application rate. e.Wastewater Disposal Requirements—Zones 1 and 2: Refer to RMC 4-6-040.J, Sanitary Sewer Standards, Additional Requirements that Apply within Zones 1 and 2 of a Wellhead Protection Area. f. Surface Water Requirements — 2ones 1 and 2: Refer to RMC 4-6- 030.E, Drainage Plan Requirements and Methods of Analysis for additional surface water requirements applicable within Zones 1 and 2 of a Wellhead Protection Area. g. Pipeline Requirements: i. Pipeline Requirements—Zone 1: 80 , ORDINANCE N0. (aj Materials: All new and existing pipelines, as defined by RMC 4-11-160, in Zone 1 shall be constructed or repaired in accordance with material specifications contained in this Section. (b) Maintenance Required for Existing Pipelines: All existing product pipelines in Zone 1 shall be repaired and maintained in accordance with best management practices and best available technology. (c) Testing Required for New Pipelines: All new pipelines constructed in Zone 1 shall be tested for leakage in conformance with the following provisions prior to being placed into service. (1) Pipeline leakage testing shall be conducted in accordance with best available technology, to the satisfaction of the Department. (2) Pipeline leakage testing methods shall be submitted to the Department for review prior to testing and shall include a detailed description of the testing methods and technical assumptions; accuracy and precision of the test; proposed testing durations, pressures, and lengths of pipeline to be tested; and scale drawings of the pipeline(s)to be tested. (3) Upon completion of testing, pipeline leakage testing results shall be submitted to the Department and shall include: record of testing durations, pressures, and lengths of pipeline tested; and weather conditions at the time of testing. 81 ORDINANCE N0. (4) Routine leakage testing of new pipelines constructed in Zone 1 may be required by the Department. h. Construction Activity Standards—Zones 1 and 2: Persons engaged in construction activities as defined in RMC 4-11-030, Definitions C, shall comply with RMC 4-3-050.G.8. i. Fill Material Requirements — Zones 1 and 2: Refer to RMC 4-4- 060.L.4, Fill Material — Zones 1 and 2, regarding quality of fill and fill material source statement requirements within Critical Aquifer Recharge Areas. j. Regulations for Existing Solid Waste Landfills—Zones 1 and 2: i. Materials: Earth materials used as fill or cover at a solid waste landfill shall meet the requirements of RMC 4-4-060.L.4, Fill Material. ii. Groundwater Monitoring: The Department shall have the authority to require an owner of a solid waste landfill to implement a groundwater monitoring program equal to that described by King County Board of Health Title 10 (King County Solid Waste Regulations) Section 10.72.020 and a corrective action program equal to that described by Section 10.72.030. The Department shall have the authority ascribed to the health officer in said regulations. Quarterly reports shall be provided to the Department detailing groundwater monitoring activity during the preceding three (3) months. Reports detailing corrective action required by the Department shall be submitted according to a written schedule approved by the Department. 82 ORDINANCE NO. k. Fuel Oil Heating Systems—Zones 1 and 2: Owners of facilities and structures shall comply with RMC 4-3-OSO.C.S.d.ii.(i) and 4-3-050.C.5.d.iii(f), Prohibited Activities — Wellhead Protection Areas, Zones 1 and 2, relating to conversion of heating systems to fuel oil and installation of new fuel oil heating systems. 9. Wetlands: a. Applicability: Wetland regulations apply to sites containing or abutting wetlands, defined in RMC 4-11-230, as described below. The City categorizes wetlands according to the most current version of the Washington State Wetland Rating System for Western Washington. b. Delineation of Regulatory Edge of Wetlands: i. Methodology: For the purpose of regulation, the exact location of the wetland edge shall be determined by the wetlands specialist hired at the expense of the applicant through the performance of a field investigation in accordance with the approved federal wetland delineation manual and applicable regional supplements. ii. Adjustments to Delineation by City: Where the applicant has provided a delineation of the wetland edge, the City shall review and may render adjustments to the edge delineation. In the event the adjusted edge delineation is contested by the applicant, the City shall, at the applicant's expense, obtain the services of an additional qualified wetlands specialist to review the original study and render a final delineation. 83 ORDINANCE NO. c. Wetland Categorization or Categorization System: The following categorization system is hereby adopted for the purposes of regulating wetlands in the City. The City may accept a dual wetland categorization for a wetland exhibiting a combination of Category I and II features or a combination of Category I and III features. The City will not accept a dual rating for a Category II wetland, such as a combined Category II and III rating. Dual ratings for a Category I wetland shall be consistent with the Washington State Wetland Rating System for Western Washington — 2014 Update (October 2014), or as amended hereafter. Wetlands buffer widths, replacement ratios and avoidance criteria shall be based on the following ratings: � (a) Category I Wetlands: Category I wetlands are those � a � wetlands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wildlife as indicated by a rating system score of twenty-three (23) points or more on the state rating system referenced above. These are wetland communities of infrequent occurrence that often provide documented habitat for critical, threatened or endangered species, and/or have other attributes that are very difficult or impossible to replace if altered. (b) Category II Wetlands: Category II wetlands have significant value based on their function as indicated by a rating system score of between twenty (20) and twenty-two (22) points. They do not meet the criteria for 84 ORDINANCE N0. Category I rating but occur infrequently and have qualities that are difficult to replace if altered. (c) Category ill Wetlands: Category III wetlands have important resource value as indicated by a rating system score of between si�een (16) and nineteen (19) points. (d) Category IV Wetlands: Category IV wetlands are wetlands of limited resource value as indicated by a rating system score between nine (9) and fifteen (15) points. They typically have vegetation of similar age and class, � lack special habitat features, and/or are isolated or disconnected from other aquatic systems or high quality upland habitats. d. Wetland Buffers: i. Standard Buffer Widths: See RMC 4-3-050.G.2, Critical Area Buffers and Structure Setbacks from Buffers. ii. Independent Buffer Study: The Administrator shall have the authority to approve proposed alternate buffer widths based on a qualified rofessional's wetland study, provided the criteria below are met. I p , Determinations made by the Administrator pursuant to this subsection may be appealed to the Hearing Examiner. 85 ORDINANCE N0. (a) The applicant funds the wetland study; and (b) The wetland study shows why the standard buffer widths are unnecessary and how the proposed alternate buffer will provide an I equivalent ecological protection as provided by the City standards; and (c) The wetland study demonstrates how it meets best available science as identified in Wetlands in Washington State, Volume 1: A Synthesis of the Science (Ecology Publication #05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Ecology Publication #04-06-008,April 2005). iii. Measurement of Buffers: All buffers shall be measured from the wetland boundary as surveyed in the field pursuant to the requirements of this subsection. iv. Increased Wetland Buffer Width: Each applicant shall document in the required wetland assessments whether the criteria in RMC 4-3- OSO.G.9.d are or are not met and increased wetland buffers are warranted. Based on the applicant's report or third party review, increased standard buffer widths may be required in unique cases Such determination shall be attached as a condition of project approval. Unique cases shall include but not be limited to: (aj The wetland is used by species listed by the federal or the state government as threatened, endangered and sensitive species and State- listed priority species, essential habitat for those species or has unusual nesting 86 ORDINANCE N0. or resting sites such as heron rookeries or raptor nesting trees or evidence thereof; or (b) The buffer or adjacent uplands have a slope greater than fifteen percent (15%) or is susceptible to erosion and standard erosion control measures will not effectively prevent adverse wetland impacts. (c) The area is very fragile, or when a larger buffer is necessary to protect wetlands functions and values. e. Cooperative Wetland Compensation: Mitigation Banks, In-Lieu Fee Programs, or Special Area Management Programs (SAMP): i. Applicability: The City encourages and will facilitate and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project under the following circumstances: (a) Restoration or creation on-site may not be feasible due to problems with hydrology, soils, or other factors; or (b) Where the cooperative plan is shown to better meet established regional goals for ftood storage, flood conveyance, habitat or other wetland functions. ii. Process: Applicants proposing a cooperative compensation project shall: (a) Submit a permit application; (b) Demonstrate compliance with all standards; 87 ORDINANCE N0. (c) Demonstrate that long-term management will be provided; and (d) Demonstrate agreement for the project from all affected property owners of record. ' iii. Mitigation Banks: Mitigation banks are defined as sites which may be used for restoration, creation and/or mitigation of wetland alternatives from a different piece of property than the property to be altered within the same drainage basin. The City of Renton maintains a mitigation bank. A list of City mitigation bank sites is maintained by the Public Works Department. With the approval of Administrator and the Public Works Department, non-City- controlled mitigation banks may be established and utilized. If credits are from a mitigation bank are to be used for federal or state permits, the bank must be certified under state rules. If approved, compensation payments received as part of a mitigation or creation bank must be received prior to the issuance of an occupancy permit. iv. In-Lieu Fee Programs: In-Lieu Fee mitigation involves the restoration, creation, enhancement, or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation for federal, state, and local permits. Both the US Army Corps of Engineers (33 CFR Parts 325 and 332) and Washington State (WAC 173-700) support the use of in-lieu fee programs. The City of Renton is located within the service area of the King County 88 ORDINANCE NO. Mitigation Reserves In-Lieu Fee Program, which may be used by applicants with the approval of the Administrator and Public Works Department provided the . mitigation occurs within the City of Renton and the same drainage basin. v. Special Area Management Programs: Special area management programs are those wetland programs agreed upon through an interjurisdictional planning process involving the U.S. Army Corps of Engineers, the Washington State Department of Ecology, any affected counties and/or cities, private property owners and other parties of interest. The outcome of the process is a regional wetlands permit representing a plan of action for all wetlands within the special area. H. ALTERATIONS TO CRITICAL AREAS AND/OR BUFFERS — GENERAL REQUIREMENTS: 1. General Purpose: The typically required critical area buffers may be reduced to no less than the minimums set forth in this subsection where the City is able to verify that the proposal will result in no net loss of functions or values as documented in a study prepared by a qualified professional. Greater buffer width reductions require review as a variance pursuant to RMC 4-3-OSO.K. 2. Authority and Documentation of Required Findings: Based upon an applicant's request, and the acceptance of a wetland and/or stream or lake study, mitigation and enhancement plan, the Administrator may approve an alteration to the minimum buffer widths where the applicant can demonstrate that through enhancing the buffer and the use of low impact development 89 ORDINANCE N0. strategies the reduced buffer will function at a higher level than the standard buffer. Determinations and evidence shall be included in the application file. The City shall also evaluate all proposals using the following criteria, in the order below. The development plan will: a. Avoid any disturbances to the critical area or buffer; b. Minimize any critical area or buffer impacts; c. Compensate for any critical area or buffer impacts; d. Restore any critical area or buffer temporarily impacted or lost; e. Create new critical areas and buffers for those lost; and f. Enhance an existing degraded buffer to compensate for lost functions and values in addition to restoring or creating a critical area. 3. Studies Required: The City's determination shall be based on specific site studies by recognized experts. 4. Surety, Mitigation, and Monitoring Required: The City will require long-term monitoring of the project pursuant to RMC 4-3-OSO.L.3. 5. Corrective Adions Required: Corrective actions will be required if adverse impacts to critical areas or buffers are discovered during the monitoring period. 6. Public Notice Required: Public notification shall be given as follows: a. For applications that are not otherwise subject to notices of application pursuant to Chapter 4-8 RMC, notice of the critical area and/or buffer alteration shall be given by posting the site and notifying abutting or 90 ORDINANCE NO. adjacent property owners with the potential to be impacted, in accordance with Chapter 4-8 RMC. Upon determination by the Administrator to allow or disallow an alteration, notification of parties of record, if any, shall be made. b. For applications that are subject to notices of application, the critical area and/or buffer alteration or request for determination to allow an alteration shall be included with notice of application. If the determination to ' allow or disallow an alteration of the mitigation requirements is not known at the time of the notice of application, written notice to abutting or ad�acent property owners shall be given instead at the time of the SEPA determination. Upon determination to allow or disallow an alteration, notification of parties of record, if any, shall be made. 1. ALTERATIONS TO CRITICAL AREAS BUFFERS: 1. Maximum Permissible Administrative Alterations to Critical Areas Buffers - Alteration of Critical Area Buffers: The required critical area buffers may be reduced to no less than the minimums set forth in this subsection. Greater buffer width reductions require review as a variance pursuant to RMC 4- 3-050.G.4. Critical Area Category Reduced Buffer: Averaged Buffer: or Type Minimum Widths Possible Minimum Widths Possible � Geologically Hazardous Areas 1 � Landslide Hazard Areas: � Ver Hi h Based on City acceptance of a N�A l Y g geotechnical report j � Streams and lakes , 91 ORDINANCE NO. � Type F � 90 feet2 ( 75 feet3 � Type Np � 60 feet2 � 37.5 feet3 � Type Ns � 40 feet2 � 25 feet3 � Wetlands Wetland buffer widths shall be reduced by no more than 25%of the buffer required in Subsection G of this Section. 1. Subject to approval pursuant to the criteria in RMC 4-3-050.G.5.h.ii. 2.Subject to approval pursuant to the criteria in RMC 4-3-050.1.2.a. 3.Subject to approval pursuant to the criteria in RMC 4-3-050.1.2.b. 2. STREAMS: a. Criteria for Reduction of Degraded Stream Buffer Width with Enhancement: A reduced buffer will be approved in a degraded stream buffer '�, only if: I i. It will provide an overall improvement in water quality; and I ii. It will provide an overall enhancement to fish, wildlife, or their ' habitat; and iii. It will provide a net improvement in drainage and/or stormwater detention capabilities; and iv. It will not be materially detrimental to any other property or the City as a whole; and '� v. It will provide all exposed areas with stabilized native !, vegetation, as appropriate; and I'I vi. The request is not made in conjunction with buffer reduction, and 92 ORDINANCE N0. vii. It will provide, as part of the buffer reduction request, buffer enhancement plan prepared by a qualified professional and fund a review of the plan by the City's consultant. The plan shall assess habitat, water quality, stormwater detention, groundwater recharge, shoreline protection, and erosion protection functions of the buffer; assess the effects of the proposed modification on those functions; and address the six criteria listed above. b. Criteria for Approval of Averaged Stream Buffer: Buffer width averaging may be allowed only where the applicant demonstrates all of the following: i. There are existing physical improvements in or near the water body and associated riparian area; and ii. Buffer width averaging will result in no net loss of stream/lake/riparian ecological function; and iii. The total area contained within the buffer after averaging is no less than that contained within the required standard buffer width prior to averaging; a nd iv. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and v. Where the buffer width is reduced by averaging pursuant to this subsection, buffer enhancement shall be required. 93 ORDINANCE N0. c. Criteria for Approval of Reduced Buffer for Type Np and Ns Streams to be Daylighted: An applicant may request that the Administrator grant a modification as follows: i. Modifications may be requested for a reduction in stream buffers for Type Np and Ns watercourses proposed to be daylighted, below the stream buffer reduction levels of RMC 4-3-050.1.1. ii. In addition to the criteria of RMC 4-9-250.D, Modification Procedures,the following criteria shall apply: (a) The buffer is lowered only to the amount necessary to achieve the same amount of development as without the daylighting; and (b)The buffer width is no less than fifty feet (50') on a Type Np watercourse and twenty-five feet (25') on a Type Ns watercourse; and (c)The proposed modification is based on consideration of the best available science as described in WAC 365-195-905. 3. WETLANDS: a. Criteria for reduction of wetland buffer width with enhancement: The reviewing official must find that the proposal meets all the following criteria: i. The reduced buffer will function at a higher level than the standard buffer; and ii. An enhanced buffer shall never be less than seventy-five (75%) of the standard width at its narrowest point; and 94 , ORDINANCE N0. iii. The buffer area has less than fifteen percent (15%) slopes and no direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as determined by the City, and iv. The proposal shall rely upon a site specific evaluation and documentation of buffer adequacy based upon Wetlands in Washington State, ' Volume 1: A Synthesis of the Science (Ecology Publication #05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Ecology Publication #04-06-008, April 2005), or similar approaches; and v. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and b. Criteria for averaging of wetland buffer width: Averaging may be allowed only where the applicant demonstrates all of the following: i. There are existing physical improvements in or near the wetland ' and buffer; and ii. That width averaging will not adversely impact the wetland function and values; and iii. That the total area contained within the wetland buffer after averaging is no less than that contained within the required standard buffer prior to averaging; and iv. A site specific evaluation and documentation of buffer adequacy based upon Wetlands in Washington State, Volume 1: A Synthesis of 95 � ORDINANCE N0. the Science (Ecology Publication #05-06-006, March 2005) and Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands (Ecology Publication #04-06-008,April 2005), or similar approaches have been conducted. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and v. In no instance shall the buffer width be reduced by more than seventy-five percent (75%) of the standard buffer. Greater buffer width reductions require review as a variance pursuant to RMC 4-9-250.B; and vi. Buffer enhancement in the areas where the buffer is reduced shall be required on a case-by-case basis where appropriate to site conditions, wetland sensitivity, and proposed land development characteristics. J.ALTERATIONS TO CRITICAL AREAS: 1. Criteria for Modifying Geologically Hazardous Area Standards: a. An applicant may request that the Administrator grant a modification to allow: i. Regrading of any slope which was created through previous mineral and natural resource recovery activities or was created prior to adoption of applicable mineral and natural resource recovery regulations or through public or private road installation or widening and related transportation improvements, railroad track installation or improvement, or public or private utility installation activities; 96 ORDINANCE N0. ii. Filling against the toe of a natural rock wall or rock wall created through mineral and natural resource recovery activities or through public or private road installation or widening and related transportation improvements, railroad track installation or improvement or public or private utility installation activities; and/or b. Process: The following procedures shall apply to any of the above activities: i. The applicant shall submit a geotechnical report describing any potential impacts of the proposed modification and any necessary mitigation measures; ii. All submitted reports shall be independently reviewed by qualified specialists selected by the City at the applicant's expense; iii. The Administrator may grant, condition, or deny the request based upon the proposal's compliance with the applicable modification criteria of RMC 4-9-250.D; and iv. Any slope which remains forty percent (40%) or steeper following site development shall be subject to all applicable geologic hazard regulations for steep slopes and landslide hazards, in this Section; and v. In addition to the criteria of RMC 4-9-250.D, Modification Procedures, the following criteria shall apply: The proposed modification is based on consideration of the best available science as described in WAC 365- 195-905. � 97 ORDINANCE NO. 2. Alterations Within Streams and Lakes or Associated Buffers. a. Criteria for Administrative Approval of Transportation Crossings in Stream/Lake or Buffer Areas: Construction of vehicular or non-vehicular transportation crossings may be permitted in accordance with an approved stream/lake study subject to the following criteria: i. The proposed route is determined to have the least impact on the environment, while meeting City Comprehensive Plan Transportation Element requirements and standards in RMC 4-6-060; and ii. The crossing minimizes interruption of downstream movement of wood and gravel; and iii. Transportation facilities in buffer areas shall not run parallel to the water body; and iv. Crossings occur as near to perpendicular with the water body as possible; and v. Crossings are designed according to the Washington Department of Fish and Wildlife Fish Water Crossing Design Guidelines, 2013 and the Nationa) Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000, as may be updated, or equivalent manuals as determined by the Administrator; and vi. Seasonal work windows are determined and made a condition of approval; and vii. Mitigation criteria of RMC 4-3-050.L are met. 98 ORDINANCE NO. b. Criteria for Administrative Approval of Utilities in Stream/lake or Buffer: New utility lines and facilities may be permitted to cross water bodies in accordance with an approved stream/lake study, if they comply with the following criteria: i. Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and ii. The utility is designed consistent with one or more of the following methods: (a) Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or (b) The utilities shall cross at an angle greater than sixty (60) degrees to the centerline of the channel in streams or perpendicular to the channel centerline; or (c) Crossings shall be contained within the footprint of an existing road or utility crossing; and iii. New utility routes shall avoid paralleling the stream or following a down-valley course near the channel; and iv. The utility installation shall not increase or decrease the natural rate of shore migration or channel migration; and v. Seasonal work windows are determined and made a condition of approval; and 99 ORDINANCE N0. vi. Mitigation criteria of RMC 4-3-050.L are met. c. Administrative Approval of In-Water Strudures or In-Water Work: In accordance with an approved stream or lake study, in-water structures or work may be permitted, subject to the following: In-stream structures, such as, but not limited to, in-stream ponds, retention and detention facilities, tide gates, dams, and weirs, shall be allowed as part of an approved watershed basin restoration project approved by the City of Renton, and in accordance with mitigation criteria of RMC 4-3-050.LThe applicant will obtain and comply with state or federal permits and requirements. d. Administrative Approval of Dredging: Dredging may be permitted only when: i. Dredging is necessary for flood hazard areas reduction purposes, if a definite flood hazard area would exist unless dredging were permitted; or ii. Dredging is necessary to correct problems of material distribution and water quality, when such problems are adversely affecting aquatic life; or iii. Dredging is associated with a stream habitat enhancement or creation project not otherwise exempt in RMC 4-3-050.C; or iv. Dredging is necessary to protect public facilities; or v. Dredging is required as a maintenance and operation condition of a federally funded flood hazard areas reduction project or a hazard mitigation project; and 100 ORDINANCE NO. vi. Dredging is done so as to meet applicable mitigation criteria of RMC 4-3-050.L. e. Administrative Approval of Stream Relocation: Stream relocation may be allowed when analyzed in an accepted stream or lake assessment, and when the following criteria and conditions are met: i. Stream relocation may only be permitted if associated with: (a) A public flood hazard areas reduction/habitat enhancement project approved by appropriate state and/or federal agencies; or (b) Expansion of public road or other public facility improvements where no feasible alternative exists; or (c) A public or private proposal restoring a water body and resulting in a net benefit to on- or off-site habitat and species. ii. The following conditions also apply to any stream relocation proposal meeting one or more of the above criteria: (a) Buffer widths shall be based upon the new stream location; provided, that the buffer widths may be reduced or averaged if ineeting criteria of RMC 4-3-050.1 or RMC 4-3-050.J. Where minimum required buffer widths are not feasible for stream relocation proposals that are the result of activities pursuant to criteria in RMC 4-3-050.J, other equivalent on- or off-site compensation to achieve no-net-loss of riparian function is provided; (b) When Type Ns streams, as defined in subsection F.7 of these regulations, are proposed for relocation due to expansions of public roads 101 ORDINANCE N0. or other public facility improvements pursuant to RMC 4-3-050.Jj, the buffer area between the facility and the relocated stream shall not be less than the width prior to the relocation. The provided buffer between the facility and the relocated stream shall be enhanced or improved to provide appropriate functions given the class and condition of the stream; or if there is no buffer currently, other equivalent on- or off-site compensation to achieve no net loss of riparian functions is provided. (c) Applicable mitigation criteria of RMC 4-3-050.L must be met. (d) Proper notification to the City must be made and records provided to the City of stream relocations, pursuant to RMC 4-3-050.D, in cases where the stream/lake is subject to flood hazard area regulations of this section. 3. Criteria for Modifying Wellhead Protection Area standards: The Department will consider modification applications in the following cases: a.The request is to find that a standard is inapplicable to that activity, facility, or development permit due to the applicant's proposed methods or location; or b. The request is to modify a specific standard or regulation due to practical difficulties; and c. The request meets the intent and purpose of the Wellhead Protection Area regulations. 102 ORDINANCE N0. Based upon application of the tests above in RMC 4-3-050J.3.a, b, and c, applications which are considered appropriate for review as modifications are subject to the procedures and criteria in RMC 4-9-250.D, Modification Procedures. Requests to modify regulations or standards which do not meet the above tests shall be processed as variances. d. The request, in addition to meeting the criteria of RMC 4-9-250.D, Modification Procedures, must be based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250.F are followed. 4. Criteria for approving wetland alterations: Wetland alterations may only be authorized after the City makes a written finding that the proposal is consistent with the following criteria: a. No Net Loss: Activities that adversely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss of wetland function and acreage and to achieve, where practicable a net resource gain in wetlands over present conditions. The concept of "no netloss" means to create; restore and/or enhance a wetland so that there is no reduction to total wetland acreage and/or function. b. Compensation for wetland alterations shall occur in the following order of preference: i. Re-establishing wetlands on upland sites that were formerly wetlands. 103 ORDINANCE N0. ii. Rehabilitating wetlands for the purposes of repairing or restoring natural and/or historic functions. iii. Creating wetlands on disturbed upland sites such as those consisting primarily of nonnative, invasive plant species. iv. Enhancing significantly degraded wetlands. v. Preserving Category I or II wetlands that are under imminent threat; provided, that preservation shall only be allowed in combination with other forms of mitigation and when the Administrator determines that the overall mitigation package fully replaces the functions and values lost due to development. vi. Cooperative compensation to mitigation banks or in-lieu fee programs, as indicated in subsection 9.e of this section. c. Mitigation Ratios for Wetland Impacts: Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitigation activity proposed. The replacement ratio shall be determined according to the ratios provided in the table below. The created, re-established, rehabilitated, or enhanced wetland area shall at a minimum provide a level of functions equivalent to the wetland being altered and shall be located in an appropriate landscape setting. I .,. .. .�. .�. ��_,,. .�- :=�,;. �. . . .__ �. �.-�.�.� ._ . •._ - ._ We��and Mitigat�on 7ype and Rep�la�ement Ra�'�o*,�; :r'��� : . . . > Wetland Creation or Enhancement Category** Re-establishment Rehabilitation Only Category IV 1.5:1 2:1 3:1 104 ' ORDINANCE N0. Category III 2:1 3:1 4:1 � Category II. 3:1 4:1 6:1 , Category I 6:1 8:1 Not allowed *Ratio is the replacement area: impact area. **As defined in RMC 4-3-050.G d. Mitigation Ratios for Wetland Buffer Impacts: Compensation for :1 r i wetland buffer im acts shall occur at a minimum one to one (1 ) at o. p Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by planting native species, removing structures and impervious surfaces within buffers, and other measures. ecial Re uirements for Miti ation Banks: Miti ation banks shall e. SM y � C not be subject to the replacement ratios outlined in the replacement ratio table above, but shall be determined as part of the mitigation banking agreement and certification rocess. p f. Buffer Requirements for Replacement Wetlands: Replacement wetlands established pursuant to these mitigation provisions shall have adequate buffers to ensure their protection and sustainability. The buffer shall be based on the category in RMC 4-3-OSO.G.2. g. Location: Compensatory mitigation shall be provided on-site or off- site in the location that will provide the greatest ecological benefit and have the greatest likelihood of success. Mitigation shall occur as close as possible to the impact area , within the same watershed sub-basin, and in a similar habitat type as the permitted alteration unless the applicant demonstrates to the satisfaction of the Administrator through a watershed-or landscaped-based analysis that 105 ORDINANCE N0. mitigation within an alternative sub-basin of the same watershed would have greater ecological benefit. h. Protection: All mitigation areas whether on- or off-site shall be permanently protected and managed to prevent degradation and ensure protection of critical area functions and values into perpetuity. Permanent protection shall be achieved through protective covenant in accordance with RMC 4-3-050. K.VARIANCES:See RMC 4-9-250. L. MITIGATION, MAINTENANCE AND MONITORING: 1. Mitigation Plan Required: a. Criteria: Mitigation plans required through the application of RMC 4-3-050.G.4 to 4-3-OSO.G.9 shall comply with RMC 4-8. In addition, the applicant shall: i. Demonstrate sufficient scientific expertise, the supervisory capability, and the financial resources to carry out the mitigation project; and ii. Demonstrate the capability for monitoring the site and making corrections during the monitoring period if the mitigation project fails to meet projected goals; and iii. Protect and manage, or provide for the protection and management, of the mitigation area to avoid further development or degradation and to provide for long-term environmental health of the mitigation area; and 106 ORDINANCE N0. iv. Provide for project monitoring and allow City inspections; and v. Avoid mitigation proposals that would result in additional future mitigation or regulatory requirements for adjacent or abutting properties. b. Mitigation Sequencing: If alterations to critical areas are proposed for a non-exempt activity, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order and provide reasons why a less intrusive method of development is not feasible. In determining whether to grant permit approval pursuant to RMC 4-3-050.C, a determination shall be made as to whether the feasibility of less intrusive methods of development have been adequately evaluated and that less intrusive methods of development are not feasible. i. Avoiding the impact altogether by not taking a certain action or parts of an action (usually by either finding another site or changing the location on the site). ii. Minimizing adverse impacts by_ limiting the magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts. iii. Rectifying adverse impacts to wetlands, Wellhead Protection r airin Areas, flood hazard areas, and habitat conservation areas by ep g, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project. � 107 ORDINANCE N0. iv. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods. v. Reducing or eliminating the adverse impacts or hazard over time by preservation and maintenance operations over the life of the action. vi. Compensating for adverse impacts to wetlands, Wellhead Protection Areas, flood hazard areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments. vii. Monitoring the hazard or other required mitigation and taking remedial action when necessary. c. Based on Best Available Science: The applicant shall demonstrate that the mitigation is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information,the steps in RMC 4-9-250.F are followed. d. Mitigation Alternatives and Location: i. On-Site Mitigation: Mitigation shall be provided on-site, unless on-site mitigation is not scientifically feasible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site. ii. Off-Site Mitigation: When mitigation cannot be provided on- site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant, and identified as such 108 ORDINANCE NO. through a recorded document such as an easement or covenant, provided such mitigation is beneficial to the habitat area and associated resources. iii. In-Kind Mitigation: In-kind mitigation shall be provided except when the applicant demonstrates and the City concurs that greater functional and habitat value can be achieved through out-of-kind mitigation. e. Timing of Mitigation Plan — Final Submittal and Mitigation Commencement: When a mitigation plan is required,the proponent shall submit a final mitigation plan for the approval of the Administrator prior to the issuance of building or construction permits for development. The proponent shall receive written approval of the mitigation plan prior to commencement of any construction activity. Where the City requires increased buffers rather than standard buffers, it shall be noted on the subdivision plan and/or site plan. f. Timing of Construction and/or Building Permit Issuance: In order to ensure no loss of criticat area functions and values, development permits shall not be issued prior to installation and acceptance of all required mitigation unless a surety device in an amount of three hundred percent (300%) of the mitigation installation contract amount is provided to the satisfaction of the City. Mitigation activities shall be timed to occur in the appropriate season based on weather and moisture conditions. g. When Stream or Lake Mitigation Plan is Required: The applicant shall be required to conduct a stream or lake mitigation plan pursuant to RMC 4- 8-120 if impacts are identified within a stream or lake study. The approval of the 109 ORDINANCE N0. stream or lake mitigation plan by the Administrator shall be based on the following criteria. i. Mitigation Location: Mitigation location shall follow the preferences in RMC 4-3-050.L: (a) On Site Mitigation: On-site mitigation is required unless a finding is made that on-site mitigation is not feasible or desirable; (b) Off-Site Mitigation within Same Drainage Subbasin as Subject Site: Off-site mitigation may be allowed when located within the same drainage subbasin as the subject site and if it achieves equal or improved ecological functions over mitigation on the subject site; (c) Off-Site Mitigation within Same Drainage Basin within City Limits: Off-site mitigation may be allowed when located within the same drainage basin within the Renton City limits if it achieves equal or improved ecological functions within the City over mitigation within the same drainage subbasin as the project; (d) Off-Site Mitigation within the Same Drainage Basin Outside the City Limits: Off-site mitigation may be allowed when located within the same drainage basin outside the Renton City limits if it achieves equal or improved ecofogical functions over mitigation within the same drainage basin within the Renton City limits and it meets City goals. ii. Mitigation Type: In all cases, mitigation shall provide for equivalent or greater biological functions pursuant to RMC 4-3-050.L.1.g.i.(e). 110 ORDINANCE N0. Additionally, there shall be no net loss of riparian area or shoreline ecological function resulting from any activity or land use occurring within the regulated buffer area. Types of mitigation shall follow the preferences in RMC 4-3-050.L: (a) Daylighting (returning to open channel) of streams or removal of manmade salmonid migration barriers; (b) Removal of impervious surfaces in buffer areas and improved biological function of the buffer; (c) In-stream or in-lake mitigation as part of an approved watershed basin restoration project; (d) Other mitigation suitable for site and water body conditions that meet all other provisions for a mitigation plan. iii. Contiguous Corridors: Mitigation sites shall be located to preserve or achieve contiguous riparian or wildlife corridors to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosyste m as the area disturbed. (a) Equivalent or Greater Biological Functions: The Administrator shall utilize the report "City of Renton Best Available Science Literature Review and Stream Buffer Recommendations" by AC Kindig & Company and Cedarock Consultants, dated February 27, 2003, unless superseded with a City-adopted study, to determine the existing or potential ecological function of the stream or lake or riparian habitat that is being 111 ORDINANCE N0. affected. Alternate reports or literature that meet Best Available Science may be utilized as supplemental information in order to ensure the Administrators determination reflects current science and analysis. Mitigation shall address each function affected by the alteration. Mitigation to compensate alterations to stream/lake areas and associated buffers shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. No net loss of riparian habitat or water body function shall be demonstrated. (b) Minimum Mitigation Plan Performance Standards: See RMC 4-3-OSO.L.1. iv. Alternative Mitigation: The mitigation requirements set forth in this subsection 4-3-050.L.1 may be modified at the Administrator's discretion if the applicant demonstrates that improved habitat functions, on a per function basis, can be obtained in the affected sub-drainage basin as a result of alternative mitigation measures. 2. Surety Devices: a. Required for Mitigation Plans: For any mitigation plans required as a result of the application of these regulations, a surety device shall be required to ensure performance consistent with RMC 4-1-230. The King County Critical Areas Mitigation Bond Quantity Worksheet may be used by applicants to , determine appropriate amounts sufficient to cover the cost of conformance with the conditions of this section, including corrective measures associated with 112 ORDINANCE N0. w rk that is not com leted. After the Administrator determines that miti ation o p g has been successfully completed in compliance with the approved mitigation plan and the monitoring period has expired, the surety device shall be released. r The City may collect against the surety device and require the property owne to sign a property access release form when work, which is not completed, is found to be in violation of the conditions set forth in the mitigation plan and/or the Administrator determines that the site is in violation of the purposes of this section. b. Time Period:The surety device shall be sufficient to guarantee that structures, improvements, and mitigation required by permit condition perform satisfactorily for a minimum of five (5) years after they have been completed. 3. Monitoring: All compensatory mitigation projects shall be monitored rf rmance standards have been met for a period necessary to establish that pe o , but generally not for a period less than five (S) years. Reports for wetland mitigation projects shall be submitted quarterly for the first year and thereafter annually for the next four (4) years following construction for a total of five (5) years minimum. Subsequent reporting shall be required if applicable to document milestones, successes, problems, and contingency actions of the compensatory mitigation. Should the mitigation project fail to meet established success criteria at any point, the monitoring period shall be started over at year 1. The Administrator shall have the authority to modify or extend the monitoring 113 ORDINANCE N0. period and require additional monitoring reports for up to ten (10) years when any of the following conditions apply: a. The project does not meet the performance standards identified in the mitigation plan; b. The project does not provide adequate replacement for the functions and values of the impacted critical area; c. The project involves establishment of forested plant communities, which require longer time for establishment. M.APPEALS: 1. General: See RMC 4-8-070, Authority and Responsibilities, and RMC 4- 8-110. Z. Record Required—Flood Hazard Areas: See RMC 4-9-250.B. N. UNAUTHORIZED ALTERATIONS AND ENFORCEMENT 1. Stop Work Order: When a critical area or its buffer has been altered in violation of this Title, all ongoing development work shall stop. The City shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this Title. 2. Requirement and Timing for Restoration Plan and Site Restoration: All development work shall remain stopped until a restoration plan is prepared and approved by City. Such a plan shall be prepared by a qualified professional 114 ORDINANCE N0. hall describe how the actions ro osed using the best availabie science and s p p meet the minimum requirements described in RMC 4-3-050.N.3. The Administrator shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. Once the restoration plan has been approved by the City, the applicant must implement the plan to the satisfaction of the City prior to recommencing development activity. 3. Minimum Performance Standards for Restoration: Information demonstrating compliance with the requirements in RMC 4-3-050.L shall be submitted to the Administrator. The following minimum performance standards shall be met for the restoration of a critical area, provided that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a. Wellhead Protection Areas, flood hazard areas, wetlands, and Habitat Conservation Areas: i. The historic structural and functional values shall be restored, including water quality and habitat functions; ii. The historic soil types and configuration shall be replicated; iii. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and 115 ORDINANCE NO. , b. Geologic hazards: i. The hazard shall be reduced to a level equal to, or less than, the pre-development hazard; ii. Any risk of personai injury resulting from the alteration shall be eliminated or minimized; and iii. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. 4. Site Investigations Authorized: The Administrator is authorized to make site inspections and take such actions as are necessary to enforce this Title. The Administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. 5. Penalties:See RMC 4-3-120 and RMC 4-1. SECTION III. Section 4-3-120, Violations of the Chapter and Penalties, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations, of the Renton Municipal Code, is hereby amended as follows: 4-3-120 VIOLATIONS OF THIS CHAPTER AND PENALTIES: ' A. ENFORCEMENT OFFICER: The Bcvelo�?er�t-��,=:rees Administrator er—:;�—v��ref '�^��^^�+^a -^^-^�^^•,*'��� shall be responsible for investigation of violation and c-�a�ier�-�# --r•---"-"-`-� +'�^ .,'^'�*:^^ ^^�*:�� issuance of an infraction notice, stop work order or referral �I to the Citv Attornev's office for filin�of criminal char�es, as the case may be. I� B.VIOLATION OF THIS CHAPTER AND PENALTIES: 116 I ORDINANCE N0. , �m,�,��#c��i;�� Except for violations of the Adult Retail and Entertainment Re�ulations, violations of this Chapter are civil infractions subject to RMC 1-3-�. Any person, partV, firm, corqoration. or other le�al entitv violatin� anv of the provisions of this Chapter shall be �uiltv of a civil i n for the first throu h third offenses. Each dav or portion of a dav durin infract o � g which a violation of this Chapter is committed or continued shall constitute a separate offense. Anv development carried out contrarv to the provisions of this Chapter shall constitute a public nuisance and mav be enioined as provided by the statutes of the state of Washin�ton. The Citv mav levv civil penalties a�ainst any person, partV, firm, corporation. or other le�al entitv for violation of anv of the provisions of this Chapter. The civil penattv shall be assessed at a rate of one thousand dollars f$1,000.001 to five thousand dollars 1$5.000.00) qer dav per violation dependin� on the severitv of the violation. The Administrator mav waive the penaltv for a first offence. Penalties for subsequent violations bv the, same entitv shall be assessed at a rate of five thousand dollars ($5,000.001 to ten thousand dollars ($10,000.00) qer dav dependin�on the severitv of the violation. After the third violation, subsequent violations shall be handled as misdemeanors. C.TESTS: 1. Whenever there is insufficient evidence of compliance with any of the provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not conform to the requirements of RMC 4-3-050, the Administrator 117 ORDINANCE N0. may require tests as proof of compliance to be made at no expense to this jurisdiction. 2. Test methods shall be as specified by RMC 4-3-050, Critical Areas � Regulations, or by other recognized and accepted test standards. If there are no recognized or accepted test methods for the proposed alternate, the Administrator shall determine test procedures. SECTION IV. The definition of "Biological Assessment/Critical Area Study" in subsection 4-8-120.D.2, Definitions B, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as follows: Biological Assessment/Critical Area Study: Projects with the potential to impact fish (Chinook salmon, bull trout, steelhead trout), unexpected, new, rare or other endangered species habitat (bald eagles) shall provide a biological assessment/critical area study. The purpose of this assessment is to determine whether a proposed action is likely to: (1) adversely affect listed or de-listed species or designated critical habitat; (2) jeopardize the continued existence of species that are proposed for listing, or unexpected, new or rare species; or (3) adversely modify proposed critical habitat. A biological assessment/critical area study is a written study that evaluates the proposal, all probable impacts and risks related to the critical area, and recommends appropriate mitigation measures to adequately protect the functions and values of the critical area, and preserve anadromous fish and their habitat. 118 ORDINANCE N0. The assessment/study shall be prepared by a person with experience and training in the scientific discipline appropriate for the relevant critical area in accordance with WAC 365-195-095(4), a3—:��;�s�F r�ay�e��. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, biological assessment, or related field, and have at least five �years of related work experience. a. A qualified professional for wetlands must be a professional wetland scientist with at least two (2) years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. b. A qualified professional for ' Habitat conservation must have a degree in biology or a related degree and professional experience related to the subject species. c. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. d. A qualified professional for���*�^,' , ���^� �^�"1Y�-"�„' Wellhead � ns a h dro eolo ist eolo ist en ineer or other scientist Protection Areas mea y g g , g g , g , with experience in preparing hydrogeologic assessments. The assessment/study shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of 119 ORDINANCE N0. the material used. Best available science is that scientific information applicable i to the critical area prepared by local state or federal natural agencies or a alified scientific rofessional that is consistent with the criteria established in qu p WAC 395-195-900 through 365-195-925, ,�+"^•�����'` ^�^�,., '^^ ,^�^^�'^''. The assessment/study shall contain, at a minimum, the following information, as applicable: a.The name and contact information ofthe applicant; b. The dates, names, and qualifications of the persons preparing the assessment/stud and documentation of any fieldwork performed on the site; Y c. A description of the proposal and identification of the permits requested; d. A site plan showing: i. Identified critical a�eas, buffers and the development proposal with dimensions; ii. Topography at two (2)foot intervals; iii. Limits of any areas to be cleared/impacted; and iv. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; e. Accurate identification, location, and characterization of critical areas, water bodies, and buffers adjacent to the proposed project area or potentially impacted by the proposed project; 120 ORDINANCE N0. f. A statement specifying the accuracy of the assessment/study, assumptions used in the assessment/study, and explaining how best available science has been incorporated; ' g. Determination of the degree of hazard and risk from the proposal both on the site and on surrounding properties; h. An assessment of the probable cumulative impacts to the critical areas, their buffers and other properties resulting from the proposal; i. An evaluation of the project's compliance with sections 7 and 9 of � the Endangered Species Act; j. A description of reasonable efforts made to appty mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas; k. Plans for adequate mitigation to offset any impacts and an explanation of how best management practices will be used to minimiie impacts to critical area; and I. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and security requirements. SECTION V. Subsection d of the definition of "Final Plat Plan" in subsection 4-8- 120.D.6, Definitions F, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as shown below. The rest of the � definition shall remain as currently codified. d. Include boundaries of utility, open space, and/or critical area(s) tracts, square footage, and purpose statement of each tract. Clearly delineate 121 ORDINANCE N0. I the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. I SECTION VI. Subsection n of the definition of"Lot Line Adjustment Map" in subsection 4-8-120.D.12, Definitions L, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as shown below. The rest of the definition shall remain as currently codified. n. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utilitv, open space, and/or critical areafs) tracts, square foota�e, and purpose statement of each tract. Clearlv delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, SECTION VII. Subsections i and j of the definition of "Preliminary Plat or Binding Site Plan" in subsection 4-8-120.D.16, Definitions P, of Chapter 8, Permits—General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code are hereby amended as shown below. The rest of the definition shall remain as currently codified. i. Location, distances from existing and new lot lines, and dimensions of any existing and proposed structures, existing e�-si�e trees on and abuttin� the site, existing or proposed fencing or retaining walls, freestanding signs, and easements. j. Location of existing conditions on or adjacent to the site which could hinder development. Include boundaries of utilitv. open space. and/or critical area(s) tracts, spuare foota�e, and purpose statement of each tract. 122 ORDINANCE NO. Clearlv delineate the critical area and buffer boundaries within the tract and. indicate a dimension for buffer width. SECTION VIII. Subsection t of the definition of "Short Plat or Binding Site Plan Map, Final" in subsection 4-8-120.D.19, Definitions S, of Chapter 8, Permits—General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as shown below. The rest of the definition shall remain as currently codified. t. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development. Include boundaries of utilitv, open space, and/or critical area(s) tracts, sauare foota�e. and purpose statement of each tract. Clearlu delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width. SECTION IX. Subsections j and k of the definition of "Short Plat Map, Preliminary" in subsection 4-8-120.D.19, Definitions 5, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code are hereby amended as shown below. The rest of the definition shall remain as currently codified. I j. Location and dimensions of any existing and proposed structures, , existing e�-�i�e trees on and abuttin� the site, existing or proposed fencing or retaining walls, freestanding signs, and easements; k. Location of existing conditions on or adjacent to the site which could hinder development; Include boundaries of utilitv, oqen space, and/or critical area(sl tracts. square foota�e. and purpose statement of each tract. 123 ORDINANCE N0. Clearlv delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width; SECTION X. Subsections f and g of the definition of "Site Plan" in subsection 4-8- 120.D.19, Definitions S, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code are hereby amended as shown below. The rest of the definition shall remain as currently codified. f. Location and dimensions of existing and proposed structures, parking and loading areas, driveways, existing e�-si�e trees on and abuttin� the site, existing or proposed fencing or retaining walls, freestanding signs, easements, refuse and recycling areas, freestanding liquid fixtures, utility junction boxes, public utility transformers, storage areas, buffer areas, open spaces, and landscaped areas, g.The location and dimensions of natural features such as streams, lakes, marshes and wetlands. Include boundaries of utilitv. open space, and/or critical area(s) tracts. square foota�e, and purpose statement of each tract. Clearly delineate the critical area and buffer boundaries within the tract and indicate a dimension for buffer width, SECTION XI. Subsection b of the definition of "Site Plan, Sign" in subsection 4-8- 120.D.19, Definitions 5, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as shown below. The rest of the definition shall remain as currently codified. 124 ORDINANCE N0. b. location, identification and dimensions of all buildings, property lines, existing and proposed signs, streets, alleys and easements, and the setbacks from property lines and easements, trees to be removed or altered. distance in feet from anv critical areas/buffers. SECTION XII. Subsection e of the definition of "Site Plan, Single Family/Duplex" in subsection 4-8-120.D.19, Definitions S, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as shown below. The definition is further amended by adding a new subsection n, as shown below. The rest of the definition shall remain as currently codified. e. Dimensions and labels for alt streets, alleys, a�e�easements, and critical areas, n. Location of all trees on and abuttin�the site. Indicate which trees are to be removed and deqict drip lines for those trees to be retained. SECTION XIII. The definition of "Stream or Lake Mitigation Plan" in subsection 4-8- 120.D.19, Definitions S, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code is hereby amended as follows: Stream or Lake Mitigation Plan, Preliminary: The mitigation plan must ensure compensation for impacts that result from the chosen development alternative or from a violation as identified in the impact evaluation. A mitigation plan must include: 125 ORDINANCE N0. a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the ��^^�m�^ ^�.,�'^^m^^+Administrator): i.The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC 4-3-050_L.1 b (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton Water Class Map as identified in the Citv of Renton's COR Maps, the Citv's online interactive mappin�application available throu�h the Citv's website. +�-R�4�-4-3- 858Q4 or RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake Study"); iv.Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2')where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); 126 ORDINANCE N0. I vi. S'rte drainage patterns, using arrows to indicate the direction of I majar drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; ; viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, andJor abutting wetiand areas, e�ctending ane i hundred feet (100'} upstream and downstream from the property line. tnclude position, species, and srze af all trees of at least 4�� �^^"^� j�^"� ,• I '' a�.,�� six inch (6") caliper and lar�er, fiftv-four inches (54"1 abave �rade, and � the location, size and species of all protected trees on the site that are within one hundred feet (104"j of the OHWM;, and the lacation af anv measures to i pratect trees on and abuttin�the site; ix. The lacation, width, depth, and length of a!i existing and j proposed structures, roads, stormwater management faci(ities, wastewater I treatment and installatians in relation to the stream/lake and its/their buffer(s); x. Lacation of site access, ingress and egress; and xi. Locatian of where all mitigation or remediation measures have taken place on the site, or are proposed to take place. b. Mitigatian narrative on eight and one-half inch (&.5"} by eleven inch (11"} paper that includes the foliowing elements: i. Description of the mitigation plan, which inciudes a summary of mitigation praposal required in the supplementa(stream or lake study; and 127 ORDINANCE N0. ii. Performance standards with specific criteria provided for evaluating whether or not the goals and objectives of the project are achieved; and iii. Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies; and iv. Evaluation of each of the miti�ation plan criteria found in RMC 4-3-050.L; and v. Analvsis. for proiects proqosin� buffer reduction with buffer avera�in�, of the effectiveness of the proposed Buffer Enhancement shall be provided. Additionallv. a detailed analvsis of the proiect's compliance with each of the followin�criteria: (a) It will provide an overall improvement in water qualitV; and (b) It will provide an overall enhancement to fish, wildlife, or their habitat: and (c) It will qrovide a net improvement in draina�e and/or stormwater detention caqabilities; and (dl It will not be materiallv detrimental to anv other proqertv or the Citv as a whole; and f e) It will stabilize all exposed areas with native ve�etation, as appropriate. vi. An analvsis, for qroiects proposin� buffer avera�in�. of the effectiveness of the proposed Buffer Enhancement, as well as documentation 128 ORDINANCE N0. that the proposed buffer standard is based on consideration of the best available, science as described in WAC 365-195-905 shall be provided. Additionall��t i detailed analvsis of the proiect's compliance with each of the followin�criteria: , (a) There are existin� physical improvements in or near the water bodv and associated riqarian area; and (b) Buffer width avera�in� will result in no net loss of stream/lake/riparian ecolo�ical function: and (c) The total area contained within the buffer after avera�in� is no less than that contained within the required standard buffer width prior to avera�in�. ' �o c��► L.., „I........ :....4, I�1��� ., .-aw-,+ :.,..I.��1.,�+t,.,s.,11,,.., „1.,�,,,,,..+�. ...� � ..y ... �....� ... • �,�+I,., ��+�,. -....d I ......,...�....« . � a .............. �� �an�ar-�� an���nelines�i ^ , , ,�� � ��, ^"'�*a��.,`,' „"' �rSaTe�TBeviEe.--1�s�,re��cVrc" +4.-.+ ��+ 4,., ��I.,.d ,:+L. +t,., r'�+., .,� �c�AF� SECTION XIV. The definition of "Stream or Lake Study, Standard" in subsection 4-8- 120.D.19, Definitions S, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations, of the Renton Municipal Code, is hereby amended as follows: 129 ORDINANCE NO. Stream or Lake Study, Standard:A report shall be prepared by a qualified biologist�„�ss�t�c�,=.�;�Q«e+-r�i� ^�—�7=-�i�e—��r�;~:w;� , ..,, �,,,,..�w.;,. , and include the following information: a. Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Community and Economic Development Administrator): i. The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC 4-3-050.L1 b (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the Citv of Renton's COR Maps, the Citv's online interactive mappin� application available throu�h the Citv's website, for the City of Renton Water Class r RMC 4-3-090 (if unclassified, see "Supplemental Stream or Lake Study" below); iv. Topography of the site and abutting lands in relation to the stream(s) and its/their buffer(s) at contour intervals of two feet (2')where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; 130 ORDINANCE N0. v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage flow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, and/or abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees of at least *^^ �^�"^� �'^"' " ^��^^ �ia�ef six inch (6"1 caliper and lar�er. fiftv four inches f54"1 above �rade. and the location. size and species of all protected trees on the site that are within one hundred feet (100') of the OHWM=, and the location of ineasures to qrotect trees on and abuttin�the site: ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the stream/lake and its/their buffer(s); and x. Location of site access, ingress and egress. b. Grading Plan: A grading plan prepared in accordance with RMC 4- ' 8-120_D 7, and showing contour intervals of two feet (2') where slopes are less 131 ORDINANCE NO. than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Narrative: A narrative report on eight and one-half inch (8.5") by eleven inch (11") paper shall be prepared to accompany the site plan and describes: i. The stream or lake classification as recorded in the Citv of Renton's COR Maps, the Citv's online interactive mappin� application available throu�h the Citv's website, for the City of Renton Water Class &�8Q4or RMC 4-3-090; ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological functions currently provided by the stream/lake and existing riparian area and the impacts of the proposal on the identified ecological functions; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as defined �in RMC 4-11-200, and vegetation; and 132 ORDINANCE N0. vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Program, the study shall demonstrate if the proposal meets the criteria of no net loss of ecological functions as described in RMC 4-3-090D2. If the proposal ' requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecological functions, a supplemental stream r lake stud is re uired • Y�f-�— 4 SECTION XV. The definition of"Stream or Lake Study, Supplemental" in subsection 4-8- 120.D.19, Definitions 5, of Chapter 8, Permits – General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: Stream or Lake Study, Supplemental �AKA Miti�ation Plan. Final�: The application shall include the following information: a. Unclassified Stream Assessment: If the site contains an unclassified stream, a qualified biologist shall provide a proposed classification of the stream(s) based on RMC 4-3-050.L,1 and a rationale for the proposed rating. b. Analysis of Alternatives: A supplemental report on eight and one- half inch (8.5") by eleven inch (11") paper prepared by a qualified biologist shall evaluate alternative methods of devetoping the property. The following alternatives shall be analyzed, including justification of the feasibility of each alternative: i. Avoid any disturbances to the stream, lake or buffer by not taking a certain action, by not taking parts of an action, or by moving the action; 133 ORDINANCE N0. ii. Minimize any stream, lake or buffer impacts by limiting the , degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce the impacts; iii. Rectifying the impacts by repairing, rehabilitating, or restoring the affected area; iv. Reducing or eliminating the adverse impact over time by preservation and maintenance operations over the life of the action; v. Compensate for any stream, lake or buffer impacts by replacing, enhancing, or providing similar substitute resources or environments and monitoring the impact and taking appropriate corrective measures. c. Impact Evaluation: i. An impact evaluation for any unavoidable impacts prepared by a qualified biologist, to include: (a) Identification, by characteristics and quantity, of the resources (stream, lake) and corresponding functional values found on the site; (b) Evaluation of alternative locations, design modifications, or alternative methods of development to determine which option(s) reduce(s) the impacts on the identified resource(s) and functional values of the site; (cj Determination of the alternative that best meets the a licable a roval criteria and identi si nificant detrimental im acts that are PP Pp fY g P unavoidable; 134 ORDINANCE N0. ' (d) Evaluation of the cumulative impacts on the system, to the extent that the site resources and functional values are part of a larger natural system such as a watershed . (e) Evaluation, for shorelines regulated by RMC 4-3-090, of how the preferred alternative achieves the standard of no net loss of ecological functions under RMC 4-3-090_D_2.-1 (f) Evaluation of each of the miti�ation plan criteria found in RMC 4-3-050.K.1, Miti�ation plan required. ii. For a violation, the impact evaluation must also include: (a) Description, by characteristics and quantity, of the resource(s) and functional values on the site prior to the violations; and (b) Determination of the impact of the violation on the resource(s) and functional values. d. Mitigation Proposal Shall Include the Following: i. A site plan, at a scale approved by the City, containing all the elements of the site plan required in the standard stream and lake study, and the following: (a) tndication of where proposed mitigation or remediation measures will take place on the site; (b) Separate indication of areas where revegetation is to take place and areas where vegetation is anticipated to be removed;a� (c1 Measures to protect trees on and abuttin�the site; and 135 ORDINANCE N0. (ed) Any other areas of impact with clear indication of type I and extent of impact indicated on site plan. ii. A mitigation narrative on eight and one-half inch (8.5") by eleven inch (11") paper addressing all of the following: (a) Resource(s) and functional values to be restored, created, or enhanced on the mitigation site(s); (b) Environmental goals, objectives, and performance standards to be achieved by mitigation; (c) Discussion of compliance with criteria or conditions allowing for the proposed stream/lake alteration or buffer reduction or buffer averaging, and a discussion of conformity to applicable mitigation plan approval criteria; (d) A review of the best available science supporting the proposed request for a reduced standard and/or the method of impact mitigation; a description of the report author's experience to date in restoring or creating the type of critical area proposed; and an analysis of the likelihood of success of the compensation project; and (e) Cost estimates for implementation of mitigation plan for purposes of calculating surety device. iii. For shorelines regulated by RMC 4-3-090, a discussion of how the ro osed lans meet or exceed the standard of no net loss of ecological I� p p p I functions under RMC 4-3-090.D 2; II� 136 ORDINANCE N0. iv. The proposed construction schedule. ' e. Monitorin� and Maintenance Plan: The plan shall be on ei�ht and one-half inch (8.5") bv eleven inch (11") paper that includes the followin� elements: i. 0aerations and maintenance qractices for qrotection and maintenance of the site: and ii. Monitorin� and evaluation qrocedures. includin� minimum monitorin� standards, measurable success criteria. and timelines (i.e., annual, ' semi-annual, quarterlvl; and iii. Contin�encv plan with remedial actions for unsuccessful miti�ation. f. Suretv Device: A suretv device in one hundred fiftv percent (150%) of the estimated cost of remedial actions if the miti�ation plan is unsuccessful must be filed with the Citv of Renton. �. Permit Conditions: Anv compensation pro�ect prepared for miti�ation pursuant to RMC 4-3-050 and approved bv the Citv shall become part of the apqlication for proiect apqroval. h. Demonstration of Competence: A demonstration of financial resources, administrative. supervisory, and technical competence and scientific expertise of sufficient standin�to successfully execute the compensation proiect shall be provided. A compensation proiect mana�er shall be named and the aualifications of each team member involved in preqarin� the miti�ation plan 137 ORDINANCE NO. , n rvi in the ro'ect shall be arovided, includin I and implementin� a d supe s � a i � educational back�round and areas of expertise. trainin� and experience with i comparable prolects. SECTION XVI. The definition of "Wetland Assessment" in subsection 4-8-120.D.23, Definitions W, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: Wetland Assessment:A wetland assessment includes the following: a. A description of the project and maps at a scale no smaller than I one inch equals two hundred feet (1" = 200') showing the entire parcel of land owned by the applicant and the wetland boundary surveyed by a qualified surveyor, and pursuant to RMC 4-3-050,M 3; b. A description of the vegetative cover of the wetland and adjacent ' area including identification of the dominant plant and animal species; c. A site plan for the proposed activity at a scale no smaller than one inch equals two hundred feet (1" = 200') showing the location, width, depth and length of all existing and proposed structures, roads, stormwater management facilities, sewage treatment and installations within the wetland and its buffer; d. The exact locations and specifications for all activities associated I� with site develo ment includin the t e extent and method of o erations• I p g YP . p � e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than five feet (5') or at a contour interval appropriate to the site topography and acceptable to the City; 138 ORDINANCE NO. I #. Tap view and typical cross-section views af the wetland and its j I buffer to scale; g. The purposes of the project_ , " , .. ,.::r!�..�'�ie��t�er� ; ,,.� :.: � • ...,, .. ......�, , , � , ..�, .. ,, I ( ' w+. �� #�'�esef' �.".L ;���+�I�a�41--e�•�!:.�:� �!± ' , ; ..— ; � � ; , .._ ' . ; ,� ; I - � � 139 ORDINANCE NO. fh. Such other information as may be needed by the City, including but not limited to a study of hazards if present on site, the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Ssection. SECTION XVII. Subsection e, Monitoring Program, of the definition of "Wetland Mitigation Plan — Final" in subsection 4-8-120.D.23, Definitions W, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: e. Monitoring and Maintenance Plan and Program: A program outlining the approach for monitoring construction and development of the compensation project and for assessing a completed project shall be provided in the mitigation plan. i.The plan shall be on ei�ht and one-half inch (8.5") bv eleven inch (11") paper that includes the followin�elements: (a) Operations and maintenance practices for protection and maintenance of the site; and (b) Monitorin� and evaluation procedures. includin� minimum monitorin� standards, measurable success criteria, and timelines (i.e.. annual, semi-annual, quarterlvl: and (c) Contin�encv plan with remedial actions for unsuccessful miti�ation. 140 ORDINANCE N0. ii_Monitoring may include, but is not limited to: +:,(aLEstablishing vegetation plots to track changes in plant species composition and density over time; +�f�Using photo stations to evaluate vegetation community response; +i+:�Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural va�iability of background conditions (pH, nutrients, heavy metals); i�:�Measuring base flow rates and storm water runoff to model and evaluate hydrologic and water quality predictions; ��Measuring sedimentation rates; +r��Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity; and +�i+:�A description sha�l be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted quarterly for the first year and annually thereafter, and at a minimum, should document ' milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5)years. 141 ORDINANCE NO. SECTION XVI11. The definition of "Wetland Mitigation Plan – Final" in subsection 4-8- 120.D.23, Definitions W, of Chapter 8, Permits–General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended to add a new subsection i, Surety Device,to read as follows: i. Suretv Device: A suretv device in one hundred fiftv percent (150%) of the estimated cost of remedial actions if the miti�ation plan is unsuccessful must be filed with the Citv of Renton. SECTION XIX. The definition of"Wetland Mitigation Plan –Preliminary" in subsection 4- 8-120.D.23, Definitions W, of Chapter 8, Permits – General and Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: Wetland Mitigation Plan – Preliminary: A preliminary wetland mitigation plan shall include the following: a. A �i.; site plan demonstrating sufficient area for replacement ratios; b. Proposed planting scheme for created, restored, and enhanced wetlands; ,. • + + t• ,a •.• +•,... ..i.... c. Written report e9R�c2Rr-Nf1 -�ir^rd� iIVE�� rm--RricFgclrn,.. r...... �eq�e�r{e�t� Fegar�ir�g—�a�Fi�e—i�#�:~w::�::, , . on ei�ht and one-half inch (8.5") bv eleven inch (11") paper: i. identifvin� direct and indirect imqacts of the proiect to the wetland area and wetland functions, environmental �oals and obiectives, and � 142 ORDINANCE N0. performance standards. and evaluatin� alternative methods of developin� the property usin�the followin�criteria in this order: (a) Avoidin�anv disturbances to the wetland or buffer; (b) Minimizin�anv wetland or buffer imqacts: (c) Compensatin�for anv wetland or buffer impacts: (d) Restorin� any wetlands or buffer impacted or lost temporarilv; (e) Creatin�new wetlands and buffers for those lost: and (f) Enhancin� an existin� de�raded wetland to compensate for lost functions and values, in addition to restorin� a wetland or creatin� a wetland. ii. Evaluatin� each of the miti�ation plan criteria found in RMC 4- 3-050.L. iii For proiects proposin� a reduction in wetland buffer width with enhancement, providin�a detailed analvsis of the proiect's compliance with each of the followin�criteria: (a) The reduced buffer will function at a hi�her level than the standard buffer in compliance with subsections fii) throu�h (v) of this Section, and (bl An enhanced buffer shall never be less than 75% of the standard width at its narrowest point, and 143 ORDINANCE N0. (c) The buffer area has iess than fifteen percent (15%) sloqes and no direct or indirect, short-term or lon�-term, adverse impacts to re�ulated wetlands, as determined bv the Citv. will result from a re�ulated activitv, and (d) The proposal shall relv upon a site specific evaluation and documentation of buffer adequacv based upon Wetlands in Washin�ton State, � Volume 1: A Svnthesis of the Science (Ecolo�v Publication #05-06-006, March 2005) and Wetlands in Washin�ton State. Volume 2: Mana�in� and Protectin� Wetlands (Ecolo�v Publication #04-06-008. April 2005)., or similar approaches, and (e) The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; iv. And, for proiects aroposin� avera�in� in wetland buffer width with enhancement, providin�a detailed analvsis of the proiect's compliance with each of the followin�criteria: (a) There are existin� physical improvements in or near the wetland and buffer; and (b) That width avera�in�will not adverselv impact the wetland function and values: and (c) That the total area contained within the wetland buffer after avera�in�is no less than that contained within the required standard buffer prior to avera�in�; and 144 ORDINANCE NO. (d) A site sqecific evaluation and documentation of buffer adequacv based upon Wetlands in Washin�ton State, Volume 1: A Svnthesis of the Science (Ecolo�v Publication #OS-06-006, March 2005) and Wetlands in Washin�ton State, Volume 2: Mana�in� and Protectin� Wetlands (Ecolo�v Publication #04-06-008. April 20051, or similar approaches have been conducted. The proposed buffer standard is based on consideration of the best available science as described in WAC 365-195-905; and (e) In no instance shall the buffer width be reduced bv more than seventv-five percent (75%) of the standard buffer. Greater buffer width ' reductions require review as a variance pursuant to RMC 4-9-250.B: and (f) And analvsis of the effectiveness of the proposed Buffer Enhancement. SECTION XX. Subsection 4-9-250.6.1.c, Proposals Located Within Critical Areas, of Chapter 9, Permits Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: c. Proposals Located Within Critical Areas: i.A�i#eF Wellhead Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility ' facilities determined by the public agency proposing these facilities to be in the best interest of the ublic health safet and welfare the a licant of a p , Y , pp development proposal may apply for a variance. 145 ORDINANCE N0. ii. Flood Hazards: Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. iii. Steep Slopes Forty Percent (40%) or Greater and Very High ' Landslide Hazards: Variances from the geologic hazard requirements of RMC 4- 3-050, Critical Areas Regulations. iv. Wetlands: (a) Creation/restoration/enhancement ratios: Categories � land�II. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category�IV. (c)A new or expanded single family residence on an existing, legal lot, having a regulated Category� IV wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3-05 for Category�I-or�II. v. Streams and lakes: (a) A new or expanded single family residence on a pre- existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC � 4-3-050�, Streams and Lakes for�������-'�tTvpes F, Np, and Ns. 146 ORDINANCE N0. (c)Activities proposing to vary from stream regulations not listed elsewhere in ����,TRMC 4-9-250.B_1.a e�€�#is-�ec-�ie�, and authorized to be requested as variances in RMC 4-3-050�: vi. General: Public/quasi-public utility or agency proposing to alter a�+€e�wellhead protection, geologic hazard, habitat or wetlands regulations not listed above. SECTION XXI. The first sentence of subsection 4-9-250.6.7, Special Review Criteria for Variances from the Aquifer Protection Regulations, of Chapter 9, Permits Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as shown below. Subsections 4-9-250.B.1.7.a —d shall remain as currently codified. 7. Special Review Criteria for Variances from the A�i#e� Wellhead , Protection Regulations: Except for public or quasi-public utility or agency proposals which are subject to �����^^�rRMC 4-9-250.6_10 ^�+"�� c��+�^^, the following criteria shall be considered, in addition to those criteria in � ' RMC 4-9-250.B.5 and B.6 ^� +";� c��+;^^, for variances from aquifer protection regulations: SECTION XXII. The first sentence of subsection 4-9-250.B.9, Special Review Criteria — Single Family Residence on a Legal Lot with a Category 3 Wetland; or Single Family Residence on a Legal Lot with a Class 2, 3, or 4 Stream/Lake, of Chapter 9, Permits Specific, of Title IV (Development Regulations) of the Renton Municipat Code, is hereby amended as shown below. Subsections 4-9-250.6.1.9.a—h shall remain as currently codified. 147 ORDINANCE NO. 9. Special Review Criteria —Single Family Residence on a Legal Lot with , a Category 31V Wetland; or Single Family Residence on a Legal Lot with a 61a�ss � � ',- ,�i Tvpe F, Np. or Ns Stream/Lake: In lieu of the criteria shown in ���,�rRMC 4-9-250.B.10 ^F +"�< <^�+�^^, a variance may be granted from any wetland or stream requirement in the critical areas regulations for a single family residence to be located on an existing legal lot if all of the following criteria are met: SECTION XXIII. The first sentence of subsection 4-9-250.B.10, Special Review Criteria — Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat, Steam/Lake or Wetland Regulations, of Chapter 9, Permits Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as shown below. Subsections 4- 9-250.B.1.10.a—j shall remain as currently codified. 10.Special Review Criteria — Public/Quasi-Public Utility or Agency Altering Aqui#e� Wellhead Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations: In lieu of the variance criteria of ����rRMC 4-9- 250.B_5 ^{ +"��' �^^+�^~, applications by public/quasi-public utilities or agencies proposing to alter aquifer protection, geologic hazard, habitat, stream and lake or wetland regulations shall be reviewed for compliance with all of the following criteria: SECTION XXIV. The definition of "Department" in section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: 148 ORDINANCE NO. DEPARTMENT: The Department of Communitv and Economic Development of the City of Renton, unless otherwise specified. SECTION XXV. The definition of "Stream/Lake Class" in section 4-11-190, Definitions 5, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended as follows: STREAM/LAKE CLASS: The stream and lake waters in the City are defined by class as#e�4e�s:—indicated in RMC 4-3-050. 9 �'I�.e�c� '1. /"I-.�r 1 -.+� -�rn n�ronr.�-+I -.I.v� I 'f�.,.J 4,..+h.. /"�4.. .,.J C+�++., � CL,., .,I:.,.,c r.�41zo_Sf�++.�. 'f M.. r 'f. !'I-.�� 7 . .-.*.��� •. •.I � ..+...�.•.•.i++�.�+ �-�Iw��.�:rl_L�n-�r�nrr nn a ,. c.,�..,, n � nrnnn o�.,+�,n �n[�+�. ri-,�.- nn.,., � r�-,�.- �. . , , , �� � I ,+� �` r^,J�ege-iTr#�}t�j�ec�C'S�if e6Tc�e;t�;,u�vr e-k--�--�a�ef-�� . „� �.,,+...,,,,., ,,.,.,_�,-,t� tn.��_.,,..-„ .,,� •, , *.. ..+.,i�n� ., �o ' 3:�:055 3; ��� � ,-.+,,.� ..�.,,�,.,:.,1 1 „-..c..,, ., -,I ,.,-,*.,.� -.I .,t ......... ...... � i 1A/�.+.,. /'I-.e�.- NA-. �- f I-��e 2 '�/ -. � 149 ORDINANCE NO. n �� n ri n + ...,�.,.,,,.,�a ti„-,.�.,,, ;.�r,,..,,�++„�+ . ..,+,,.,. .�� „f_��....,,..� .... ....... ... � . ...�rr � �ni-.+,,.rl-..-� nn�.. � �I�« n , ' . c rl c rl r + .�I.,+.,.d ., .,_r-,I.,�,....c.J L,.,-..�., ,-.+.,.� I �� L.' t� ..+ .�. ..F+L��i..11.. .-:t�r:z• +L.... -,.+:{• 11 +.��.. L. I a:-F�ew—w°...:.. .... ..._.n�„Teem���e�—�,�^ r a„�:.,,.a ,-ti., „i �...,� ��„ .,��+,.,�. �,a/� ...., �...., h n .-F• •..11 , I..+.,.� . ,-,.,.. L....J., I.,�.- +L.�.. .,.,.,_L,-,If L[1 SL_.,.-.,, !„ .. , . . , . .. SECTION XXVI. The definition of "Wetland" in section 4-11-230, Definitions W, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby repealed. SECTION XXVII. The definitions of "Wetland Edge", "Wetland, Regulated", and "Wetlands" in section 4-11-230, Definitions W, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, are hereby amended as follows: WETLAND EDGE: The boundary of a wetland as delineated using the �+,* Corps of En�ineers Wetlands �g��.. ..._ Delineation Manual . WETLAND, REGULATED:See RMC 4-3-050AA�e. WETLANDS: , �^^���,+:^^� ���� ^�qreas that are inundated or saturated by surface water or , groundwater at a frequency and duration sufficient to support, and that under 150 ORDINANCE N0. normal circumstances do support, a prevalence of vegetation typically adapted � for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the conversion of wetlands. SECTION XXVIII. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCtL this day of , 2015. ' Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1863:5/8/15:scr 151 EXECUTIVE DEPARTMENT � o '�°f ���0� �� M E M O R A N D U M DATE: May 18, 2015 TO: Ed Prince, Council President C�n'OFRE�„oN Members of the Renton City Council FROM: Denis Law, Mayor MAy l 5�015 Jay Covington, Chief Administrative Officer R SUBJECT: Administrative Report C�cL RK'SOF F/CF In addition to our day-to-day activities, the following are some items worthy of note for this week: • The city's Hanging Flower Basket program began the week following Mother's Day and will continue through October. Over 100 hanging flower baskets are providing downtown Renton with color! If you have questions regarding the program, please contact the Community Services Department at 425-430-6600. • Street Maintenance crews will be performing work at the following locations: ✓ May 18th through 22nd; approximately 9 a.m. to 3:30 p.m.: Lane closures will occur eastbound on SE Carr Road between Talbot Avenue South and 108th Avenue SE and then . switching to the westbound direction along SE Carr Road in the same location to accommodate routine storm system cleaning. Questions may be directed to Lead Maintenance Service Worker Jayson Gallaway at 425-207-6491. ✓ May 18th through July 30th; approximately 7 a.m. to 5 p.m.: Intermittent single-lane closures will occur in the vicinity of NE 10th Street between Sunset Blvd. NE and Harrington Avenue NE, and Sunset Lane NE between NE 10th Street and Harrington Avenue NE, to accommodate construction of the Sunset Terrace Regional Stormwater Facility Project. Questions may be directed to Project Manager Allen Quynn at 425-430-7247. • Summer is around the corner, so here are some friendly reminders to ensure all our Parks and Trail patrons enjoy their experience: ✓ Volunteer Trail Rangers will be out on the Cedar River Trail beginning the week of May 18th to assist with trail education and report unwanted activity. If you would like to volunteer, please contact the Community Services Department at 425-430-6600. � ✓ Gene Coulon Memorial Beach Park and Kennydale Beach Park are two of our busiest parks—but remember, dogs are not allowed in these parks. Dogs are allowed at all other parks unless posted, and must be kept on a leash. ✓ There is an Off-Leash Dog Park located along the Cedar River Trail across the river from the Community Center. ✓ For more parks and trails information, visit the city's Parks webpage. Agenda Item No.: (--� RENTON CITY COUNCIL MEETING �' AUDIENCE COMMENT ' SIGN-UP SHEET (Page 1) 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 � 5 Name. _ Name: � /� � (� � Address'.7 �n �/ lI`�����\ Address: / / / Cit�����-�� ' Zip Cod . City: ip Code: Email:�s 1�,.0/V`�Y�'Vl�G1_c Email: ` i Topic: j��G�� v Topic: / � � 2 `� / �` 6 Name: �n��l� I Name: Address: � � � 1 � Address: / City: � ����_ Zip Code: � City: / Zip Code: Email: � Em ' . Topic: � �'�"t`aY`C'4 �4 l�t�W� "1(1�4 p�� Topic: 1" 3 � � 7 Name: Name: / ' Address: /'1 � Address: / � ' City: / Zip C e: / City: Zip de: Email: / / Email: Topic: / // Topic: / 4 8 Name: Name: Addresr. / Address;/ '' City: � Zip Code: C� Zip Code: � �maiL• Email: Topic: Topic: (CONTINUED ON REVERSE SIDE) �,� (Continued from Reverse Side- Page 2� I RENTON CITY COUNCIL MEETING AUDIENCE COMMENT i SIGN-UP SHEET � I, 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 13 Name: Name: J Address: Address: / City: Zip Code: City: 2ip e: Email: l� mail: , Topic: / T ic: / 10 14 Name: ame: Address: / Addre : City: ip Code: C' : Zip Code: Email: / Email: Topic: ( � Topic: , / 11 15 � I, Name: Name: Address: \ // Address: ', �� City: Zip Code: / City: Zip Code: Email: / Email: Topic: / Topic: 12 16 Name: Name: ', Address: / Address: City: / Zip Code: City: Zip Code: ' Er� Email: Topic: Topic: �. APPROVEp �Y' CITY CO NCt� TRANSPORTATION/AVIATION COMMITTEE �= I� j/� COMMITTEE REPORT Dat� / . May 18, 2015 City of Renton Americans with Disabilities Act Transition Plan (May 4, 2015) � The Transpertat�on/Aviation Committee recommends concurrence in the staff recommendation to approve a Resolution adopting the City of Renton Americans with Disabilities Act Transition Plan. ,!���(� �� Marcie Palmer, Chair \ � — Ruth�ez, Vice Chair � Don Persson, Member cc: Iwen Wang,Administrative Services Administrator Nancy Carlson,Human Resources/Risk Management Administrator Doug Jacobson,Deputy Public Works Administrator,Transportation Jim Seitz,Transportdtion Planning Manager Gary Lamb,Risk Manager Hai Nguyen,Finance Analyst Josef Harnden,Transportation Secretary I FINANCE COMMITTEE REPORT C TPROVEp BY' � May 18, 2015 CD NC�L �at� 5 /� APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on May 18, 2015 claims vouchers 338071 — 338428, 4 wire transfers and 1 payroll run with benefit withholding payments totaling $6,923,694.76 and payroll vouchers including 726 direct deposits and 63 payroll checks totaling $1,609,543.31. � Don Persson, Chair a -� , Gre Tay r, Vice-Chair Arm do vo e Member STAFF RECAP COUNCIL MEETING REFERRALS 5/18/2015 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 7.c.,which was adopted as Council Concur. RENTON CITY COUNCIL Regular Meeting May 18, 2015 Council Chambers Monday, 7:00 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF ED PRINCE, Council President; RUTH PEREZ;ARMONDO PAVONE; GREG COUNCILMEMBERS TAYLOR; RANDY CORMAN; MARCIE PALMER; DON PERSSON. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor;JAY COVINGTON,Chief Administrative Officer;ZANETTA FONTES,Senior Assistant City Attorney; MEGAN GREGOR, Deputy City Clerk; CHIP VINCENT, Community and Economic Development Administrator; GEGG ZIMMERMAN, Public Works Administrator;JENNIFER HENNING, Planning Director; COMMANDER CHARLES KARLEWICZ, Police Department. PROCLAMATION A proclamation by Mayor Law was read declaring the week of May 16—22, Safe Boating Week—May 16- 2015 to be"Safe Boating Week" in the City of Renton, and encouraged all 22,2015 Renton residents to dedicate themselves to practicing and learning about safe boating, including wearing life jackets. MOVED BY PERSSON,SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Jim Ehnborn, Flotilla 2-5 District 13 Division Commander,accepted the proclamation with appreciation. He briefly described the work performed by Flotilla 2-5. PROCLAMATION A proclamation by Mayor Law was read declaring the week of May 17—23, National Public Works Week— 2015 to be"National Public Works Week" in the City of Renton, and May 17-23, 2015 encouraged all citizens to recognize the contributions public works officials make every day to our health, safety,comfort,and quality of life. MOVED BY P R Y I E SSON, SECONDED B PR NCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Public Works Administrator Gregg Zimmerman accepted the proclamation. He provided a brief description of the work performed by Renton's public works employees. PUBLIC HEARING This being the date set, and proper notices having been posted and published in VAC: 15-001, Street Vacation accordance with local and State laws, Mayor Law opened the public hearing to Petition,James Tasca consider the petition to vacate a portion of unimproved N. 38th St. right-of way,approximately 50 feet in width and 172 feet in length, located between Meadow Ave. N. and I-405; petitioner James G.Tasca. Planning Director Jennifer Henning reported that 100 percent of the abutting property owners have signed the vacation petition, and the City does not have any facilities in the subject area. She relayed that the petitioner would like to develop the area in conjunction with adjacent parcels that he owns. Ms. Henning reported that upon circulation of the petition to City departments and outside agencies,there were no objections to the vacation. Ms. Henning also reported that this vacation request was presented to the Council in June of 2006 and approved, but expired before the petitioner was able to take further action.At that time,there was one objection due to the Washington State Department of Transportation's(WSDOT) possible Mav 18. 2015 Renton Citv Council Minutes Paee 83 requirement of an additional right-of-way for the expansion of I-405. However, through communications with WSDOT, it was concluded that they no longer have an interest in this parcel for that purpose,though they require rights to the east 35 feet of the property. Ms. Henning reported that the staff recommendation is to approve the street vacation with the following conditions: 1) A subterranean easement shall be granted to WSDOT over the west 20 feet of the east 35 feet. 2) The petitioner shall convey his interest in the east 15 feet to WSDOT. There being no public comment, it was MOVED BY PERSSON,SECONDED BY PALMER,COUNCIL CLOSE THE PUBLIC HEARING.CARRIED. MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL APPROVE THE STREET VACATION REQUEST WITH THE CONDITIONS AS OUTLINED IN THE STAFF RECOMMENDATION. 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: � The City's Hanging Flower Basket program began the week following , Mother's Day and will continue through October. � Street Maintenance crews will be performing work at various locations: - May 18—22: Lane closures will occur eastbound on SE Carr Rd. between Talbot Ave. S and 108th Ave. SE and then switching to the westbound direction along SE Carr Rd. - May 18—July 30: Intermittent single-lane closures will occur near NE 10th St. between Sunset Blvd. NE and Harrington Ave. NE, and Sunset Ln. NE between NE 10th St. and Harrington Ave. NE. � The following friendly reminders were provided to ensure all Parks and Trail patrons enjoy their experience: -Volunteer Trail Rangers will be out on the Cedar River Trail beginning the week of May 18th to assist with trail education and to report unwanted activity. - Dogs are not allowed at Gene Coulon Memorial Beach Park and Kennydale Beach Park. Dogs are allowed at all other parks unless posted, and must be kept on a leash. -There is an Off-Leash Dog Park located along the Cedar River Trail across the river from the Community Center. AUDIENCE COMMENT Beth Asher(Renton)announced a free summer job interviewing seminar Citizen Comment:Asher- provided by the Renton Youth Advocacy Center(RYAC) on Saturday May 20, Renton Youth Advocacy 2015 at the RYAC Building on 1902 Lake Youngs Way SE, Renton,WA,98058. Center,Job Seminars She also mentioned that the Cedar River Sk is occurring on October 4, 2015 to support RYAC. Mav 18. 2015 Renton Citv Council Minutes Pa�e 84 Citizen Comment: Randolf— Kenneth Randolf(Lakewood) updated Council on the status of Nestora Nestora Salgado Salgado's imprisonment in Tepic, Mexico as well as local efforts being made to free Ms. Salgado. Councilmember Perez inquired as to what the response has been from the United States Consulate in Guadalajara regarding their responsibility for Ms. Salgado's health,safety, and protection of human rights. Mr. Randolf responded that the family members have not had much contact with the consulate. He also stated that Ms.Salgado has been visited by the local consulate in the state of Guerrero in Nayarit, but the family has received no communication from the State Department despite the letters from our congressional delegation. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing.At the request of Councilmember Palmer, Consent Agenda Item 7.c. was pulled for separate consideration. Council: Meeting Minutes of Approval of Council meeting minutes of 5/4/2015. Council concur. 5/4/2015 Appointment: Renton Airport Mayor Law reappointed the following individuals to the Renton Airport Advisory Committee Advisory Committee with terms expiring on 5/7/2018: Marleen Mandt (Kennydale—primary), Kurt Boswell (Airport-at-Large—primary), Karen Stemwell (Aircraft Owner/Pilot's Association—alternate), David Basco (Renton Hill/Monterrey Terrace—primary),AI Banholzer(WA Pilot's Association),and Kenneth Williams(West Hill—primary). Council concur. CAG: 15-082, Gene Coulon City Clerk reported a bid opening on 5/5/2015 for CAG-15-078, Gene Coulon Memorial Beach Park Concrete Memoriat Beach Park Concrete Tile Rehabilitation Project; seven bids; engineers , Tile Rehabilitation Project estimate$395,000; and submitted staff recommendation to award the contract ' to the low bidder, Road Construction Northwest, Inc., in the amount of $498,170.25. Refer to Finance Committee for discussion of funding. ' Court Case: Hanson and Court case filed by Gary Hanson and Donna Hanson, represented by Impact Law Hanson, CRT-15-003 Group PLLC.,vs.the City of Renton,et.al. Refer to Citv Attornev and Insurance Services. Utility: Talbot Hill Sewer Uti�ity Systems Division recommended approval of a contract with Stantec Relocation,Stantec Consulting Consulting Services, Inc. in the amount of$386,200 for Design and Bidding ' Services of the Talbot Hill Sewer Relocation (SR 167 Interchange/Direct Connector Project. Council concur. MOVED BY PRINCE,SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE I THE CONSENT AGENDA MINUS ITEM 7.C.CARRIED. ITEM 7.c.-SEPARATE City Clerk reported a bid opening on 5/5/2015 for CAG-15-078,S. 7th at CONSIDERATION Shattuck Ave.S. Intersection Improvement Project; six bids; engineers estimate CAG: 15-078, S. 7th at $723,036; and submitted staff recommendation to award the contract to the Shattuck Ave.S. Intersection low bidder, DPK, Inc., in the amount of$868,454.32, and additional funding be Improvement Project made available from existing unallocated traffic mitigation funds.�e�e�-�s . Council concur. MOVED BY PALMER,SECONDED BY PEREZ, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 7.C.AS COUNCIL CONCUR. CARRIED. Mav 18, 2015 Renton Citv Council Minutes Pa�e 85 UNFINISHED BUStNESS Transportation (Aviation) Committee Chair Palmer presented a report Transportation(Aviation) recommending concurrence in the staff recommendation to approve a Committee resolution adopting the City of Renton Americans with Disabilities Act Transportation:ADA Transition Plan. MOVED BY PALMER, SECONDED BY CORMAN,COUNCIL Transition Plan CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See below for I resolution.) Finance Committee Finance Committee Chair Persson presented a report recommending approval Finance:Vouchers of Claim Vouchers 338071-338428,four wire transfers and one payroll run with benefit withholding payments totaling$6,923,694.76 and payroll vouchers including 726 direct deposits and 63 payroll checks totaling$1,609,543.31. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. RESOLUTIONS AND ORDINANCES The following resolution was presented for reading and adoption: RESOLUTION#4254 A resolution was read adopting the American's with Disabilities Act(ADA) Transportation:ADA Transition P�an. MOVED BY PALMER,SECONDED BY CORMAN, COUNCIL ADOPT Transition Plan THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the 6/1/2015 Council meeting for second and final reading: ORDINANCE An ordinance was read amending Section 1-3-2, of Chapter 3, Remedies and Critical Areas Regulations Penalties,of Title I (Administrative),Sections 4-3-050 and 4-3-120 of Chapter 3, Environmental Regulations And Overlay Districts,Section 4-8-120 of Chapter 8, Permits—General And Appeals,Section 4-9-250 of Chapter 9, Permits— Specific, and Sections 4-11-040,4-11-190 and 4-11-230,of Chapter 11, Definitions,of Title IV(Development Regulations),of the City Code, by updating the City's critical areas regulations, including repealing the current language in 4-3-050 and adopting new language, revising certain definitions, and making certain violations of Title IV civil infractions. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/1/2015. The following ordinance was presented for second and final reading and adoption: ORDINANCE#5756 An ordinance was read amending section 5-25-14 of Chapter 25, Business and ASD: Tax Administrative Rules Occupation Tax Code, and adopting a new Chapter 26, entitled "Tax Administrative Code," of Title V(Finance and Business Regulations)of the City Code, providing administrative processes for administering City tax codes. MOVED BY PERSSON,SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL:ALL AYES. CARRIED. NEW BUSINE55 See attached Council Committee Meeting Calendar. Perez: Fire Ops 101 Councilmember Perez provided a brief presentation about her recent attendance at the Washington State Fire Ops Training 101, an educational and training program for elected officials to experience Firefighter service. Additionally, Ms. Perez expressed appreciation to all firefighters and thanked the program trainers for providing this unique experience for elected officials. Mav 18. 2015 Renton Citv Council Minutes Pa�e 86 ADJOURNMENT MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 7:45 p.m. C Jaso .Set , M , ity Clerk Megan Gregor, Recorder May 18, 2015 '� . '.w Council Committee Meeting Calendar May 18, 2015 May 25, 2015 , Monday NO MEETINGS City Holiday - Memorial Day, Chair Prince May 26, 2015 Tuesday CANCELED Transportation Committee, Chair Palmer June 1, 2015 I Monday CANCELED Public Safety Committee, Chair Pavone �I 5:00 PM Finance Committee, Chair Persson - Council Conference Room 1 . Vouchers 2. Coulon Park Concrete Tile Rehabilitation Project 3. Emerging Issues in Revenue Streams 6:00 PM Committee of the Whole, Chair Prince - Council Chambers 1 . King County Solid Waste Transfer Plan - Renton Impacts Denis Law Cl��Of . Mayor � � .,, Y p � ' G• � • � + � � � • Mayor's Office - �roclamatio n 'Whereas, puplic works services provided in our community.are an integral part of our citizens' � everydey lives; and � . `Wkereas,_the support of an understanding and informed citizenry is vital to the efficient � operation'of public works systems and programs such as water; sewers, roadways, public � buildings, and waste collection; and - ZNhereas, the health, safety, and comfort of this community greatly depend on these facilities and services; and -. tiV��.ereas,the quality and e-ffectiveness of these facilities and programs, as well as their - planning, design, and construction, are dependent upon the efforts and skill of public works officials; and - . `iNkereas,t�e efficiency of the qualified and dedicated personnel who staff public works • departments is.materially influ�nced by the people's attitude and understanding of the . importance of the work they perform; `WFiereas, 2015�marks the 55th annual National Public Works Week, "Community Begins�Here," � which speaks to the essential nature of public works services in support of everyday quality of life, is sponsored by the American Public Works Association; • 9Vow, tFcerefore, l, Denis Law, Mayor of the City of R�nton, do hereby proclaim May 17-23, 2015,to be � �ational�u6Cic �orks �Veek � � � , in the City of Renton, and I encourage all.citizens to recognize the contributions public works officials make every day to our health, safety, comfort, and quality of life. � In witness whereof, I have hereunto set my hand and caused.the seal of the City of Renton to be affixed this 18th day of May, 2015. . , � Denis Law, Mayor � Crty of Renton, V1/ashington , ;- . . _� � . Renton Ciry Hall • 1055 South Grady Way • Renton,Washington 98057 � rentonwa.gov , . "1`.. Denis l.�w � Cl�Of � Y Mayor --,1r, Cj.S,� p�.{� ' . . . . • � � i � . . . . ' � ��t�� � _ Mayor's Office � ' _ � 1�YOCCGr?'lZdtZOYI . `lNhereas;the City of Renton is bounded by Lake Washington shoreline and encompasses numerous waten�vays; and � `iN�iereas,a large number of Renton's cesidents of all ages engage in recrea#ional boating; and ' tiVFcereas, on average, 700 people ctie each year in boating related acci.dents in the U:S., with the vast majority of those accidents caused by human er�or and poor_judgment and not by the boat, equipment, or.environmental factors; and� � - . , `GVhereas, a significant number of boaters who Iose their lives by drowning each year�would be . alive today had theyworn their life jackets; and � � �hereas,the mission of United-States Coast Guard Auxiliary, Flotilla 25, located in Renton, is to promote and improve recreational boating safety by teaching boating safety courses and conducting vessel safety checks; . _ , Now, �rierefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim May i6-22, 2015, � � to be � � . . � � ,Safe �oatzn� �Neek - in the City of Renton, and I encourage all Renton residents to dedicate themselves to tearning � about and practicing safe boating; including wearing life jackets. In zvitness wFcereo I have hereunto set m hand and caused the seal of the�Cit of Renton to be }, Y Y affixed this 18fh day of May, 2015. � � , . � Denis Law, Mayor � City of Renton, Washington Renton City Hall • 1055 South Grady Way � Renton,Washingtori 98057; • rentoriwa.gov.. . ���� . 5�►�� i3" - Den/�is�w — City Of ,� _ � � Y � � � � � � ',�� �' Mayor's Office � �1'roclamation �GVFiereas,the City of Renton is bounded by Lake Washington shoreline and encompasses numerous.waterway.s; and �iNhereas,a large number of Renton's residents of ail ages engage in recreationai boating;and 'Wfiereas,on average,700 people die each year in boating related accidents in the U.S.,with the vast majority of those accidents caused by human error and poor_judgment and not by the boat, equipment, or environmental factors;and �Wfiereas,a sign(ficant number of boaters who lose their lives by drowning each year.would be alive today had they wom their life jackets;and � ti{�Fiereas,the mission of Un(ted StateS Coast Guard Auxiliary, Flotilla 25, located in Renton, is to promote and improve recreational boating safety by teaching boating safety courses and conducting vessel safety checks; Now, �therafore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim May 16-22, 2015, � to be ,Sczfe Bodting �Veek in the City of Renton, and I encourage all Renton residents to dedicate themselves to learning about and practicing safe boating, fncluding wearing life jackets. In witness wfiereof, I have hereurrto set my hand and caused the seal of the City of Rentbn to be affixed this 18th day of May, 2015. � \ , i i Denis Law, Mayor City of Renton, Washington Renton Ciry Hatl • 1055 South Grady Way • Renton,Washingtori 98057- � rernonwa.gov._ Welcome to the Division 2, District 13 Web Site Page 1 of 2 U.S.Deperp�ent at Homel�nd Security � � � • Uni�ed Ststes Coast Qwr+d Auxiilary : � ' . AUXHOME I JOIN US NOW! I LEADERSHIP I AUX MEMBERS I DIRECTORATES I UNITS AUX ASSOC. COAST GUARD Sundey,May 17,Z016 ���X Welcome to the Division 2, District 13 Web Site AUXWeb Division 2 D�v�sion 2 Of District 13 Second -Seattle Metro DiSt�Ct 13 Flotilla 2-1: Flotilla 2-2: Flotilla 2-4: Flotilla 2-5: Seattle-Northshore Eastside Seattle-Elliott Bay Renton Flotillas Division 2 is the smallest Division geographically in District 13. We cover most of � King County-the greater Seattle/Bellevue metropolitan area.The Division's 170 About Division 2 members provide the boating public with boating safety education,vessel safety checks,and partnerships with the boating community. About Us � � � Schedule a VSC Take a boatina class Contact me, Boating Courses � fsiQ' form Vessel Safety Checks ODU SLEEVES ARE TO BE WORN UP IN SECTOR PUGET SOUND Children EFFECTIVE 1 APR 2015 Alki Pt Lighthouse Tours News Incident Command System (ICS) Classes through the City of Seattle , WhaYs Happening Seattle City Light and the Department of Transportation are offering several sessions of Member Information both ICS 300 and ICS 400 during the year. You can find their announcement on the ICS �ourse �aae. Member Training Leadership Information Site Map NORTHTRAIN IS COMING! NORTHTRAIN IS COMING! ' Search this Website National Help Desk MEMBER ZONE '� Member ID: I � ';�"i.: Password: I I ,. sr ... � W(31N I ' "�,ti�`'' I SEARCH NATIONAL SITE � �4 EnUr Search Term(s�: � � `� �� I.{'¢,p.� r� ' ' � � � ' , ' I ' Search SECURITY LEVELS IMRNC t�Y�L 1'S'� e � Photo by Drew]acksick via Wikipedia Commons � s�aNv�cnwT R�sK Heading for Pier 36 In Seattle, arrival time is 0800 on 12 September! Don't miss the train,there will be a full day of training, fellowship, visits to the Galley and the Base Exchange, maybe a tour of a cutter and more things yet to be determined. Save the date on your calendar and check back often for more details like the training schedule and other activities. NORTHTRAIN's crew are the Division Commanders in the N�rthPrn Araa with tha niStrirt C'antain ac tha C'nn�iiirtnr_ http://wow.uscgaux.info/content.php?unit=130-02 5/16/2015 . Welcome to the Division 2, District 13 Web Site Page 2 of 2 ............. ....... ...... ..... ........... ....r...... ..., ..... ......,.,........ . NORTHTRAIN ARRIVES ON TRACK 36 AT 0800 ON 12 SEPTEMBER Boating Education Classes Interested in taking a boating n,riw�Tt� �15 R! education class?Want to meet the w�"Ep„�,"�O�ap"�''jO �„ �""" """"�" requirements of the Washington � �� 2014 :7� Boater Education law (required by �'� ��'"�; "�°"" "'� Y everyone 59 or younger in 2014), or � `� "_,,..�_�1�� CA n� r find out more about boating safety or r""�r' LV r�..JVarwr , boating education in general? �1 A wA L ryeuw•*Varur�r Use our handv class finder! " Members--use the class finder if you are interested in helping teach, if you need a class to become Basically Qualified (BQ)or to meet the basic boating education requirements of the Boat Crew Program. Vessel Safety Checks Get a free Vessel Safety Check-a qualified Auxiliarst wiil check your boat for compliance with the applicable federal and state requirements in this free program.This isn't a law enforcement action -the examiner can't report any problems to law enforcement. Be safe, get a Vessel Safety Check and display the sticker proudly! If you are in the Seattle area, fill out this form to request an appointment to have a locai examiner contact you. If you are out of the Seattle area, use the national Vessel Examiner locator to find an examiner near you. 2015 Division 2 Bridge Jim Ehnborn, Division Commander Tammv Kinq, Division Vice Commander A t 1 � �� The advancement of boating safety is the primary goal and mission of the Coast Guard Auxiliary. You can find additional information A u .You can also check out all of the activities throughout this and other Auxiliary web sites and Facebook pages. Have fun, be safe,and think about joining us! Contact National National Heip Desk Website Policies Accessibitity FOIA Plug Ins U.S.Coast Guard U.S.DepaKment of Homeland Security USA.gov CGAUX.ORG is the U.S.Coast Guard Auxiliary official web aortal. � 1� � � • . http://wow.uscgaux.info/content.php?unit=130-02 5/16/2015 �Welcome to the Flotilla 2-5, District 13 Web Site Page 1 of 1 � i + ► U.8.Depertment o#HomelarM 8ecurity Uni�sd States Coa�t Ouard Auxillary � � ' AUXHOME I JOIN US NOW! I LEADERSHIP I AUX MEMBERS I DIRECTORATES I UNITS AUX ASSOC. COAST GUARD Sunday,May 17,2015 �USC�i AUX Welcome to the Flotilla 2-5, District 13 Web Site AUXWeb Flotilla 2-5 �r Renton ABOUT THE COAST GUARD AUXILIARY ' �O The U.S. Coast Guard Auxiliary is the uniformed, ali-volunteer Division 2 �t.���,t� component of the United States Coast Guard. The Auxiliary was ' District 13 created by an Act of Congress in 1939, and has grown to over 32,000 members who daily support the Coast Guard in all its non- About Flotilla 2-5 military, and non-law-enforcement missions. We have members and units in all 50 Calendar states, Puerto Rico,the Virgin Islands, American Samoa, and Guam. ' WhaYs New Auxiliary members conduct safety patrols on local waterways, assist in Search and Rescue, teach boating safety c/asses, conduct free vessel safety checks for the public, Meeting Schedule provide boating safety literature to dealers, as well as many other activities related to Classes&Seminars recreational boating safety. Children Programs The Coast Guard considers the Auxiliary its primary resource for recreational boating ' safety outreach and prevention (see the message "From the Commandant"), and each Boating Courses Coast Guard district around the nation has established a senior officer and staff to provide tight liaison and coordination between the active-duty Coast Guard and the Vessel Safery Check various Auxiliary units in that district. Facebook And in many inland portions of the country, where the majority of U.S. recreational Members Only 0 boating occurs on lakes and rivers, the Auxiliary is the so%Coast Guard presence! I National Help Desk But the Auxiliary is more than recreational boating safety; we regularly serve MEMBER ZONE alongside our active-duty shipmates serving as communications watchstanders, Member ID: I � uninspected passenger vessel inspectors, t�aining resources for air and sea operations, numerous duties related to environmental protection and homeland Password: � I security, and even as chefs! In fact, there are nearly two dozen "qualifications"open I LOGIN � to Auxiliarists willing to put in the time and training. Collectively, Auxiliarists volunteer over 4.5 million hours per year and complete nearly 500,000 missions- a true force SEARCH NATIONAL SITE multiplier for the Coast Guard! EnMr Search Term(s): ' � � Membership in the Auxiliary is open to persons 17 years of age and older. We are I ��� I organized into 16 districts nationwide, comprised of 171 divisions with approximately I 980 flotillas. No matter where you live, there is a flotilla near you. Find the unit SECURITY LEVELS nearest your Zip Code by clicking on "Units"at the top of this page. And for dozens of reasons why you should join, visit "Recruiting". You will not be sorry! PLEASE LEARN MORE ABOUT US BY EXPLORING OUR SITE.IT'S FOR EVERYONE! I � �� MARNC LlY�L � 0 � ' 1 noN�f�ewMT RisK ❑� R 1 Contact National National Help Desk Website Policies Accessibility FOIA Plug Ins , U.S.Coast Guard U.S.Department of Homeland Security USA.gov CGAUX.ORG is the U.S.Coast Guard Auxiliary o�cial web portal. http://wow.uscgaux.info/content.php?unit=130-02-OS 5/16/2015 Children's Education Page 1 of 1 U.S.Depeu�trnent of Fiomehtnd Security • � � • United Stetes Coast Guard Auxitiary � • ' AUXHOME I JOIN US NOW! I LEADERSHIP I AUX MEMBERS I DIRECTORATES I UNITS AUX ASSOC. COAST GUARD Sunday,May 17,201b = USCG AUX Children's Education Auxweb � Flotilla 2-5 Renton Division 2 District 13 • About Flotilia 2-5 � Hi. Thanks for coming to see me. Who am I? I'm Coastie. I travel all over the country meeting boys and girls. I help the children learn to be safe around Calendar the water. Remember kids, Boat Smart from the start .......wear your Life )acket! What's New Welcome to the Seattle area children's education page.There are several Meeting Schedule opportunities for children from our flotilia and the entire community to get involved with throughout the year. Not only are these exceilent chances for Classes&Seminars children to learn about boating safety, but it is also a great opportunity for ► Children Programs members who would like to be apart of this exciting and fulfiiling area of mission. Get ready to have a great time! So now that you have read about this Boating Courses great opportunity, you are probably wondering how do I get involved?If you would like more information on children's education. Vessel Safety Check Facebook Contact: Bonnie Hardina. Members Only fd Classes for Kids � Boating Fun - One hour class for 4-9 year olds. National Help Desk yyaypoints - 1-3 hour class for 10-12 year olds. MEMBER ZONE Member ID: I � Password: L - I -- I LOG IN � � a SEARCH NATIONAL SITE � Enter Search Term(s): ■ � � . . I search I ❑ SECURITY LEVELS �111Rf�C LtN�I � � � f10N1lICAMT RIiK Contact National National Help Desk Website Policies Accessibility FOIA Plug Ins U.S.Coast Guard U.S.Department of Homeland Security USA.gov CGAUX.ORG is the U.S.Coast Guard Auxiliary o�cial web portal. http://wow.uscgaux.info/content.php?unit=130-02-OS&category=1332099771 5/16/2015 Imagery available: Coast Guard Ai.ixiliaxists support National Safe Boating Week across Pacific... Page 1 of 3 13th District Pacific Northwest Public Affairs U.S. Coast Guard u.�.DeAarbmenr of Homeland Secttrrfy v►��ed sra�.s Caa�t Guar�d May 18,2015 NewsContact: U.S. Coast Guard 13th District External Affairs Office: (206)220-7237 Release IMAGERY AVAILABLE: COAST GUARD AUXILIARISTS SUPPORT NATIONAL SAFE BOATING WEEK ACROSS PACIFIC NORTHWEST Editors Note: To view or download video, please click on the image below. DVIDS requires registration to download imagery. (https://www.dvidshub.neUimage/1939756/coast-guazd-auxiliazists-support-national-safe-boating-week- I across-pacific-northwesW.VVk8950qqko) 'I http://www.uscgnews.com/go/doc/4007/2514506/ 5/18/2015 Imagery available: Coast Guard Auxiliarists support National Safe Boating Week across Pacific... Page 2 of 3 Coast Guazd Auxiliarists from Flotilla 2-2 and officials from the City of Bellevue,Wash.,hold proclamations declazing May 16-22 the city's Safe Boating Week,in accordance with National Safe Boating Week,May 13,2015. Coast Guard Auxiliary uniu,or Flotillas,promote safety for recreational boaters throughout the year through community outreach. U.S.Coast Guazd photo courtesy of Flotilla 2-2. SEATTLE—Coast Guard A�iliary (http://www.cgaux.org/) Flotillas throughout Washington, Oregon, Idaho and Montana are celebrating National Safe Boating Week and urging all mariners to use safe boating practices, including consistent life jacket wear every time boaters are on the water. Au�ciliarists in Bellevue, Wash., also worked with local city officials to proclaim the week of May 16-22 as National Safe Boating Week in the city. National Safe Boating Week is an annual event that encourages all boaters to practice safe boating. For more information on National Safe Boating Week as well as general boating safety information, please visit http://www.safeboatingcampaign.com/ (http://safeboatingcampaign.com/) and http://www.safeboatingcouncil.org (http://www.safeboatingcouncil.org/). "I urge everyone to follow safe boating practices," said Commodore Richard Coons, Coast �� Guard 13th District Atixiliary. "Life jackets and sound producing devices are mandatory on all kayaks, rafts, stand-up paddleboards and other small crafts. Remember, life jackets float, you don't!! I wish you all a fun safe boating season." In support of National Safe Boating Week, the flotillas will participate in many activities �' including walking the docks in local marinas and engaging with recreational boaters about important safety practices. Auxiliarists also plan to be in the classroom promoting safe I� boating to elementary and middle school students. Many Auxiliarists participated in Wear � Your Life jacket to Work Day on Friday, bringing awareness to the campaign and the efforts of the Coast Guard Auxiliary. � � The Coast Guard Auxiliary is a volunteer organization that exists to support Coast Guard missions. Coast Guard Auxiliary units, or flotillas,promote safety for recreational boaters throughout the year through community outreach. For further information regarding the Coast Guard Auxiliary, please http://www.uscgnews.com/go/doc/4007/2514506/ 5/18/2015 . � `USCG Mobile App Page 1 of 2 Skin Navi�ation THE U.S. COAST GUARD MOBILE APP Your safe boating needs in one free easy app! + '� 1 i�r�wllf"tt+�'"flf «1�1 i�1 1�F+�r11lt"!f+ .��; Available for download May 16, 2015 - . � . � � � � • • � � The USCG Boating Safety App features include: • Find the latest safety regulations • Request a vessel safety check • Check your safety equipment � � a • File a float nlan • Navigation Rules .rl • Find the nearest NOAA buoy � ' , • Report a hazard � • • • Report pollution • Report suspicious activity • Request emergency assistance http://www.uscg.miUmobile/ 5/14/2015 � USCG Mobile App Page 2 of 2 • , About the App �'nuc.,. .......,._...,... t'nnM tita�rx Coaci ouard � i�nf�ad Suke Coat Guartl d s�aics('�ai cuard � ,..�....,...�_.__... ............._..__ �l i �i � Passenger/Crew• �a.,w�.� a � '. � /� ' ..,..w., i3 - = Itlnerary• ti 3� r{�,� � ��� �� Contacts• � � � _ _ ,j,_���' Compl�ete Float Plan ��a�.�.a* �S_ ti+W + bw+nwm�k �' .— .._.... MRIIO�I�I��rl���1� �_ DOII! CIOflfIB{IOY As the nation's recreational boating safety coordinator,the Coast Guard works to minimize loss of life, personal injury, property damage, and environmental harm. Our boating safety program involves public education programs, regulation of boat design and construction, approval of boating safety equipment, and vessel safety checks for compliance with federal and state safety requirements. The Coast Guard Mobile App supports these missions by providing the essential services and information most commonly requested by boaters. Features of the app include: state boating information; a safety equipment checklist; free boating safety check requests; navigation rules; float plans; and calling features to report pollution or suspicious activity. When location services are enabled, users can receive the latest weather reports from the closest National Oceanic and Atmospheric Administration weather buoys as well as report the location of a hazard on the water. The app also features an Emergency Assistance button which, with locations services enabled,will call the closest Coast Guard command center. The Boating Safety Mobile app was not designed to replace a boater's marine VHF radio, which the Coast Guard strongly recommends all boaters have aboard their vessels. The app was mainly designed to provide additional boating safety resources for mobile device users. I The app is self-contained, so personal information is stored on the phone and is not sent to the Coast Guard I unless the user chooses to send it. The Coast Guard does not track a user's location, and the app does not track a user's location unless the app is being used. � Links from these pages to non-Coast Guard sites are provided as a customer service and do not represent �I any implicit or explicit endorsement by the United States Coast Guard of any commercial or private issue I or products presented here. �! http://www.uscg.miUmobile/ 5/14/2015 �822�` VG�(.U"��1 r�""�11✓l � ����^ � 1�"�� T��'� Agenda Item No.: —{ , RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING ' SPEAKER SIGN-UP SHEET (Page 1) 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 5 I Name: N�tx►e=.1 I� Address: � Address: 1 City: Zip Code: City: f Zip Code: Email: Email: / / Topic: / Topic: / / I 2 6 Name: Na e: Address: dress: / City: Zip Code: City:/ Zip Code: Email: / mail: i Topic: \ i/ Topic�� /\ \ // 1 VJ 3 �"'� 7 \ ) \J Name: � e: G'� Address: dd s: City: Zip Code: / Ci Zip Code: Email: /� mail: Topic: / �\ Topic: 4 �..�a 8 Name: Name: v Address: � Address: City: Zip Code: City: Zip Code: Email: Email: To ic: To ic: P P (CONTINUED ON REVERSE SIDE) (Continued from Reverse Side-Page 2) RENTON CITY COUNCIL MEETING PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET CITfZENS 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 13 Name: Name: Address: Address: � � City: Zip Code: City: Zip Cod Email: Email: �� Topic: T ic: � / . Y 10 14 Name: Name: Address: Address✓ / City: Zip Code: .Ei� � Zip Code: Email: Email: / Topic: Topic: 1 / 11 15 Name: N e: , Address: Addr :,,C v \ City: Zip Code: / ity: \ Zip Code: Email: '1: \�'J Topic: t�\op 12 �J Name: \Name: Address: / �Address: City: � �ip_Code: , City: Zip Code: �� Email: Email: Topic: Topic: � . � _. , , :. ��� u ���� . .,,. _ - . 4 , , . , � � � ��� ��� � � ��� � � �� � � �� � � � � . . �� ���,r ..�� � .:« �s �,� _. . .;� Public Hearin 9► Monday, May 18, 2015 _ _ . 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'''-, , l t� �r��.� t�. �� � �'��. � �� ` ;�, .�..� �..��� �..�`��.�,..�� - . ��, �,,,,,. . ������ � � Z _ a� > Q 3 � 0 � c� � a� o � �' ���x — � N 38t" St � � �� � � �,.� '��+� ....�...�..._._._ � Ctty Of ����f_ �i ..t y,� . ��Y"' ,..'�..� ` �}[� � ` � � t.. �� �. � � � ��� i+ .�",.; f -qA� '' `�� �r � r r � � .�+ l �r ,.. � � �r � , . :.� . �, . _,. : . _ � y ` i ` � . � � y � � + � ', • s � s� � a+ � �r . �� :-� �� � ��,, . +. .� ��. r + � �yr � �v �r � ���' � • r ��. ♦ ��: Y . r . � � f � � . .�-.. a a , t �� � � r � �� � � ' � � -�. ! �� -+ �� �. � 1. i � � i � . �: ��� � . � • r r i ' • ' .. ,. �- �: yr �-.' � �, - . . . _ ... ���; � � �` ��,. ; .. .r ��� .. . :� � � ,. ; . : .�. � �. ,y} r ,� .,. y. . : ,. : : "71r ., . , : . . �. ��: � � - • .� � .� � . . .r � .. . � � 4y . i � C7� ,. 't-Y, , . . 4 0���.-i. . - _ . . . ."� � . '�`� ._.... . .. � _ TM � � . � " � � ` �r; " � � - ;� �, " •: � - � . - _ �r ' � . � , • � � - _ � � a � � .. !' � I I !; ��; � � � � � �. � � � � r , � � r r r r y + � � � �. r � i: � � �, � !. . a � �' � � � �; -' � . -� � ,� �� r� �� �� � ,.� . . � ' ' � � � � c i � ��� ����� � � � � � �� ���n��� �� re���� ���� �r������� ���t��� � �� � � �������ar��� or��r� �r�d ���r��ts �� � ������ � �� � ,���� ���� _ 1�� ��� � ��� � �� �� � ������� �� ������� �� �����:: ��m �n������ ��� �� ��� . � u,..._._......----_._ City of � � � ��- � z � 4 � � �'"�.a^... ♦��� l i• r �:.,.., - � I t � r��i,i. � 5���� �iu�� � �,,,��,,� ����, ������ G��Y �.A •� • ���OZ City of Renton PUBLIC /NFORMATi011t HANDOUT May 18, 2015 STREET VACATION PETITION VAC-15-001 (previously VAC-06-002) For additional infonnation,please contact: Jill Ding; City of Renton Current Planning 425.430.6598 DESCRIPTION: The City Council will hear a proposal requesting the vacation of a portion of North 38tn Street right-of-way, approximately 50' in width and 172' in length. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received on February 27, 2015, from James Tasca. This same application was previously submitted on March 31, 2006 and processed under VAC-06- 002. The previous application was approved with conditions, however the applicant did ' not complete the vacation process, therefore the application expired. The portion of right-of-way included in this petition was dedicated in C.D. Hillman's Lake Washington Garden of Eden Division No. 2 on July 22, 1904. The City has no facilities in the area of this vacation. The petitioner would like to use the requested vacation area in the future development of the adjacent parcels. As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated right-of- way. The ordinance shall be recorded with King County once it is in effect. . . . . . � � , . i � � - Map Exh,bir ' � � � -- ' —�:� t r _i:?� j�,�, _ ,�M � �a � �.�` .'" :I �elleVu�'� .� - '��..ri ,.�L � ._- , � �T,r �"� —� I '� '�► �ri � _� �' '�i--' ,�.,, �.. �_ . ('���� � ,�- 'ts „�i! t•.� � I . ��1-� t'�i�(—"",� � .� �^ , r .,!-�ier�er Islancf�,/'` , s �V ���� �,� � .� .k '"'1_; ���L�;��< j' � . ' y� . .» �.� + : �:..a � M1 - i:.��i' ' � �' :.� ,. - Lake Borea r`V �� _ 'j �` ` 1 ';'",1 '•{"!, 'i ,{ / � i�1�:1�c�,�.rle '�;.f ` - ' • I ,`'I ''• ' . E�J�f'�' �`�''� - T �-t-=-�.�.��.�.,, ! ��.: tf'.��5"fi/INGTUN" ��� � -�� i --�:,•-� . �t•-.;,��; ` '�"' � = }`���,� 4.1 ' :�� ' • � �w, �� � ��.; �.� . � .�. ._� - =. F,,, . .°t � ' , �,`,:�`� � '� �' ' } '��-;�,L :.'�� .4 ,., e ,�,'� � � ���� . y � --n- • _ '�-.. • �-� �#`�, > � � I �" 4-,t � ��..� � �� ,�f �';�., �"�f _r�� - _ r--s } ' �}� =v.r- �, � '':�L�.�� � � ��''�S+ fi !3i ��� `1�,� f�-J t,,;y,f�.;,�� r �� -;1� ( � -�� - -,r Cl� ., � ���.. _, t,� � ., � -�;� ,�� . ` L- '" Cedar Rive� ( i'� ;���"` `"' 1 I. ?���. - - �. l, i �''�v.�. ('s`.i'r'. . -. , - _:��� � 33t?tOd+55 � J3i3:00s42 � f Z � . w � 4 � Parcel Number � �t! ?!S_��A7!7d 0 �/rJ"Y2/�VJ/� � � � W f � � � � � N 38TH ST L4CaTio1�c�F a REQUESTED VACATI� � � v � Parcel Number � "' 3�427Q063Q 3?e_�:U4t9� I ]Jrr/GUd_� ' � J L-- �- D Ma oraW D Clty Of 1•C O Y Y � Va � � ' � ' ���o� City Clerk -Jason A.Seth,CMC May 19, 2015 Michae� Saplis Westwater Construction Co PO Box 59237 Renton, WA 98055 RE: S. 7th St. at Shattuck Ave. 5 Intersection Improvement Project; CAG-15-078 To Whom It May Concern: At its regular meeting on May 18, 2015 the Renton City Council accepted the lowest responsive bid submitted by DPK, Inc., for the above-referenced project in the amount of$868,454.32. If you would like your bid bond document returned, please email your request to mgregor@rentonwa.gov. Thank you for your interest and your bid. Sincerely, ' 1 � ti'(.���/ Megan Gregor Deputy City Clerk cc: James Wilhoit,Civil Engineer 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law Clty Of � Mayor � S Y O � ��� � • � ` �N��� City Clerk -Jason A.Seth,CMC M ay 19, 2015 George Schmidt 3 Kings Environmental, Inc PO Box 280 Battle Ground, WA 98604 RE: 5. 7th St. at Shattuck Ave. 5 Intersection Improvement Project; CAG-15-078 To Whom It May Concern: At its regular meeting on May 18, 2015 the Renton City Council accepted the lowest responsive bid submitted by DPK, Inc., for the above-referenced project in the amount of$868,454.32. If you would like your bid bond document returned, please email your request to mgregor@rentonwa.gov. Thank you for your interest and your bid. Sinc ely Megan Gregor Deputy City Clerk cc: James Wilhoit,Civil Engineer 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law � Clty Of ,� o Mayor 1 Y � U • � � ` � • '��'N'r�'� City Clerk -lason A.Seth,CMC May 19, 2015 Ron Scott 3 Kings Environmental, Inc PO Box 280 Battle Ground, WA 98604 RE: S. 7th St. at Shattuck Ave. S Intersection Improvement Project; CAG-15-078 To Whom It May Concern: At its regular meeting on May 18, 2015 the Renton City Council accepted the lowest responsive bid submitted by DPK, Inc., for the above-referenced project in the amount of$868,454.32. If you would like your bid bond document returned, please email your request to mgregor@rentonwa.gov. Thank you for your interest and your bid. Sincerely, � r r Megan G ego Deputy City Clerk cc: lames Wilhoit,Civil Engineer 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov �� Denis Law � Clty Of � Mayor ti, Y O � �� � O � ''��'N'r0� City Clerk -Jason A.Seth,CMC May 19, 2015 Brad Hoffman Hoffman Construction, Inc PO Box 845 Enumclaw, WA 98022 , RE: S. 7th St. at Shattuck Ave. 5 Intersection Improvement Project; CAG-15-078 To Whom It May Concern: At its regular meeting on May 18, 2015 the Renton City Council accepted the lowest responsive bid submitted by DPK, Inc., for the above-referenced project in the amount of$868,454.32. If you would like your bid bond document returned, please email your request to mgregor@rentonwa.gov. Thank you for your interest and your bid. Sin erely I Megan Gregor Deputy City Clerk cc: James Wilhoit,Civil Engineer . 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law D CltY Of ,t Mayor ti Y O � p � .s> o � � � � , . ��,N�o� City Clerk -Jason A.Seth,CMC May 19, 2015 Steve Murdoch C.A. Carey Corporation PO Box 1006 Issaquah, WA 98027 RE: 5. 7th St. at Shattuck Ave. S Intersection Improvement Project; CAG-15-078 To Whom It May Concern: At its regular meeting on May 18, 2015 the Renton City Council accepted the lowest responsive bid submitted by DPK, Inc., for the above-referenced project in the amount of$868,454.32. If you would like your bid bond document returned, please email your request to mgregor@rentonwa.gov. Thank you for your interest and your bid. Sin�,erely, '� Megan Gregor Deputy City Clerk cc: James Wilhoit,Civil Engineer 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law Clt Of Mayor � Y ti'�Y p � U "t� o . 3 . '��NToz May 19, 2015 City Clerk -Jason A.Seth,CMC David Kiyohara DPK, Inc. 7829 S. 206th St. Kent, WA 98032 RE: 5. 7th St. at Shattuck Ave. 5 Intersection Improvement Project; CAG-15-078 Federal Aid No. CM-1292(002)TIB Project Number 8-1-102(034)-1 Dear Mr. Kiyohara: At its regular meeting of May 18, 2015 the Renton City Council accepted your bid for the above-referenced project in the amount of$868,454.32. As a part of entering this contract, the contractor agrees to take all necessary and responsible steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises (DBE) have an opportunity to participate in the performance of this contract. The award of this contract was made with the understanding that the firms listed on the DBE Utilization Certification will be performing the dollar value of work as indicated. Prior to submitting the signed contract for execution, DPK, Inc. will provide the following items: 1. Breakout information for alt successful DBEs as shown on the DBE Utilization Certification: • Correct business name, federal employer identification number (if available), and mailing address. • List of alt bid items assigned to each DBE firm, including unit prices and extensions, indicating any anticipated sharing of resources(e.g., equipment, employees). , • Indicate partial items—specify distinct elements of work to be performed by the DBE firms and provide a complete description of these partial items. NOTE: Total amounts shown for each DBE shall not be less than the amount shown on the Utilization Certification. 2. A list of all firms who submitted a bid or quote in an attempt to participate in the contract whether they were successful or not. Include the following information: • Correct business name and mailing address I Send these two items to City of Renton, 1055 5. Grady Way, Renton, 98057, c/o James P. Wilhoit, Project Manager. Failure to provide this information prior to execution will result in forfeiture of the bidder's proposal security. Please return these documents within 10 calendar days after the date of the award. Additionally, please contact Mr. Wilhoit at 425-430-7319 or jwilhoit@rentonwa.gov for submission of required documents to complete the contract. These may include proof of City and State business licenses, public works ', payment and performance bonds, and insurance certificates. I Sinc�erel , II� � '(./(/ gan Gregor Deputy City Clerk cc: James P. Wilhoit,Transportation Project Manager 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov . � Denis Law � Clty Of ,� Mayor � Y O � (� �> � • r � + ��'N��� City Clerk -Jason A.Seth,CMC May 19, 2015 I Marleen Mandt 1408 N. 26th St Renton WA 98056 Re: Reappointment to the Airport Advisory Committee Dear Ms. Mandt: At the regular Council meeting of May 18, 2015,the Renton City Council concurred in your reappointment by Mayor Denis Law to the Airport Advisory Committee (Neighborhood Representative-Kennydale Primary Position), expiring May 7, 2018. Congratulations on your reappointment. Your service on the Committee is sincerely appreciated and valued by City officials and staff. If I can provide additional information � or assistance, please feel free to call. Sincer ly, l ' ason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Jonathan Wilson,Airport Manager April Alexander, Executive Assistant—Mayor Office 1055 South Grady Way•Renton,Washington 98057•(425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law Cl� Of Mayor D ti,'tY O � � V A .i� ♦ .� ♦ ��'N't�� City Clerk -Jason A.Seth,CMC May 19, 2015 Kurt Boswell 289 Perimeter Rd Renton WA 98057 Re: Reappointment to the Airport Advisory Committee Dear Mr. Boswell: At the regular Council meeting of May 18, 2015, the Renton City Council concurred in your reappointment by Mayor Denis Law to the Airport Advisory Committee (Airport-at- , Large Primary Position), expiring May 7, 2018. ' Congratulations on your reappointment. Your service on the Committee is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, . Jason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Jonathan Wilson,Airport Manager April Alexander, Executive Assistant—Mayor Office 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law C1tY Of ,� Mayor D � Y O � Us � � • � ` '��'N'r0'G� City Clerk -Jason A.Seth,CMC May 19, 2015 Karen Stemwell PO Box 3365 Renton WA 98056 Re: Reappointment to the Airport Advisory Committee Dear Ms. Stemwell: At the regular Council meeting of May 18, 2015, the Renton City Council concurred in your reappointment by Mayor Denis Law to the Airport Advisory Committee (Aircraft Owner/Pilots' Association -Alternate Position), expiring May 7, 2018. Congratulations on your reappointment. Your service on the Committee is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, �- ,�'L/ ason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Jonathan Wilson,Airport Manager April Alexander, Executive Assistant—Mayor Office 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov Denis Law Cl� Of Mayor D Uti`tY O� � � � � � '��'NT�� City Clerk -Jason A.Seth,CMC May 19, 2015 David Basco 719 Jones Ave S Renton WA 98057 Re: Reapp.ointment to the Airport Advisory Committee Dear Mr. Basco: At the regular Council meeting of May 18, 2015, the Renton City Council concurred in your reappointment by Mayor Denis Law to the Airport Advisory Committee (Neighborhood Representative-Renton Hill/Monterey Terrace—Primary Position), expiring May 7, 2018. Con ratulations on our rea ointment. Your service on the Committee is sincerel g Y PP Y appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, < ason A. Seth City Clerk � cc: Mayor Denis Law Council President Ed Prince Jonathan Wilson,Airport Manager April Alexander, Executive Assistant—Mayor Office 1055 South Grady Way•Renton,Washington 98057• (425)43o-6510/Fax(425)430-6516•rentonwa.gov • � __. Denis Law Cl� Of ,� Mayor � �ti Y p� � � � � � ��,N�p� City Clerk -Jason A.Seth,CMC May 19, 2015 Ai Banholzer 14923 165th PI SE Renton WA 98059 Re: Reappointment to the Airport Advisory Committee Dear Mr. Banholzer: At the regular Council meeting of May 18, 2015, the Renton City Council concurred in � your reappointment by Mayor Denis Law to the Airport Advisory Committee (Washington Pilots' Association), expiring May 7, 2018. Congratulations on your reappointment. Your service on the Committee is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, � ason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Jonathan Wilson,Airport Manager April Alexander, Executive Assistant—Mayor Office 1055 South Grady Way•Renton,Washington 98057• (425)430-6510/Fax(425)430-6516•rentonwa.gov � ' • -, DeniYLaw Cl� Of ,� o Ma or � Y � V�� �� ♦ •� ♦ O ''Q��`O� 1�1`r City Clerk -Jason A.Seth,CMC May 19, 2015 �I Kenneth Williams 410 SW Langston PI Renton WA 98057 Re: Reappointment to the Airport Advisory Committee Dear Mr. Williams: At the regular Council meeting of May 18, 2015, the Renton City Council concurred in your reappointment by Mayor Denis Law to the Airport Advisory Committee (Neighborhood Representative—West Hill Primary Position), expiring May 7, 2018. Congratulations on your reappointment. Your service on the Committee is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, � ason A. Seth City Clerk cc: Mayor Denis Law Council President Ed Prince Jonathan Wilson,Airport Manager April Alexander, Executive Assistant—Mayor Office 1055 South Grady Way•Renton,Washington 98057•(425)430-6510/Fax(425)430-6516• rentonwa.gov �. 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