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Home My WebLink AboutCouncil 05/23/2011AGENDA RENTON CITY COUNCIL REGULAR MEETING May 23, 2011 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Puget Sound Energy ‐ Home Energy Reports 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one‐half hour. The second audience 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. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 5/16/2011. Council concur. b. City Attorney Department recommends amending RMC 4‐10‐050 regarding Legal Nonconforming Structures, Uses and Lots as related to City property acquisition. Refer to Planning and Development Committee. c. Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Daljit Singh Gill and Hardip Singh GIll for sewer main extension along NE 7th Pl. between Field Ave. NE and Hoquiam Ave. NE; and requests authorization to finalize the agreement per City Code. Refer to Utilities Committee. d. Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Council concur. (See 8.a. for resolution.) e. Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Department of Homeland Security Emergency Management Performance Grant funds in the amount of $95,355.82, to support the emergency management program. Council concur. f. Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering services for Phase I of the Taxiway Bravo Rehabilitation project. Refer to Transportation (Aviation) Committee. Page 1 of 162 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: Sunset Area Planned Action, Surface Water Master Plan & Comprehensive Plan Amendments* b. Finance Committee: Human Services Analysts Positions Reclassification; Lease of Suite 410 at 200 Mill Building 8.RESOLUTIONS AND ORDINANCES Resolution: a. Commencement of renewal proceedings with Comcast (See 6.d.) Ordinances for first reading: a. Sunset Area Planned Action (See 7.a.) b. Sunset Area Surface Water Master Plan (See 7.a.) c. Sunset Area Comprehensive Plan Amendments (See 7.a.) Ordinances for second and final reading: a. Rezone of former Fire Station 13 property (1st reading 5/16/2011) b. Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) c. Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) d. Inactive Land Use Applications ‐Title IV Docket #D‐59 (1st reading 5/16/2011) e. Extension Approvals ‐ Title IV Docket #D‐62 (1st reading 5/16/2011) f. Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011) g. Land Use Applications & SEPA Mitigation Conditions ‐ Title IV Docket #D‐64 (1st reading 5/16/2011) h. Dangerous dogs appeal process code amendment (1st reading 5/16/2011) 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT Page 2 of 162 COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS May 23, 2011 Monday, 6:00 p.m. Sunset Area Planned Action, Surface Water Master Plan & Comprehensive Plan Amendments; 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 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 3 of 162 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Ordinance Amending 4-10-050, Legal Nonconforming Structures, Uses and Lots Meeting: Regular Council - 23 May 2011 Exhibits: Ordinance Submitting Data: Dept/Div/Board: City Attorney Staff Contact: Larry Warren, x6484 Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Rainier Avenue condemnation proceeding will affect one existing building, resulting in a conforming structure becoming nonconforming. This issue may also arise with other structures in the Rainier Avenue corridor or in future acquisitions by the City. This problem is alleviated by the proposed amendment to RMC 4-10-050 so that any structure made nonconforming by the City acquiring an interest in the real propety by condemnation or otherwise, shall still be a conforming structure after the taking. The reason for this amendment is fundamental fairness to property owners who have conforming structures on their real property which are only rendered nonconforming due to the City acquiring an interest in the property. STAFF RECOMMENDATION: Adopt the ordinance amending RMC 4-10-050, Legal Nonconforming Structures, Uses and Lots. 6b. ‐ City Attorney Department recommends amending RMC 4‐10‐ 050 regarding Legal Nonconforming Structures, Uses and Lots as related Page 4 of 162 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-10-050 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, BY ADDING AN EXEMPTION FOR NONCONFORMING STRUCTURES WHEN THE NONCONFORMITY IS CREATED BY THE CITY’S ACQUISITION OF PROPERTY AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Section 4-10-050, Nonconforming Structures, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended to add a new subsection C to be titled “Exemption Due to City Acquisition”, to read as follows: C. EXEMPTION DUE TO CITY ACQUISITION: No structure shall be considered nonconforming when the nonconformity would be created by the City’s acquisition of an interest in the property that creates the nonconformity, such as through condemnation for a road widening. For the purposes of this exemption, signs shall not be considered a conforming structure. SECTION II. The City Council hereby declares an emergency and this ordinance shall be effective immediately upon adoption. 6b. ‐ City Attorney Department recommends amending RMC 4‐10‐ 050 regarding Legal Nonconforming Structures, Uses and Lots as related Page 5 of 162 ORDINANCE NO. ________ 2 PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1715:5/18/11:scr 6b. ‐ City Attorney Department recommends amending RMC 4‐10‐ 050 regarding Legal Nonconforming Structures, Uses and Lots as related Page 6 of 162 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Approval for the Latecomer’s Agreement Request for Sanitary Sewer Extension along NE 7th Pl between Field Ave NE and Hoquiam Ave NE. (Daljit Singh Gill and Hardip Singh Gill, Petitioners) File: LA-09-001 Meeting: Regular Council - 23 May 2011 Exhibits: Issue Paper Final Latecomer's Agreement Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Arneta Henninger, x-7298 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Exhibits Continued: Legal Description - Exhibits A-C Final Notice Vicinity Map Final Assessment Roll City Code allows the City to grant a latecomer agreement when sanitary sewer facilities are installed by a developer, in order to ensure that each property benefiting from the new facility be assessed its fair share of the costs. On June 1, 2009, Council granted preliminary approval of a latecomer (LA-09-001) request to Daljit Singh Gill and Hardip Singh Gill. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Daljit Singh Gill and Hardip Singh Gill have installed the agreed upon improvements and transferred title of these improvements to the City. The final authorized cost is $93,861.32. STAFF RECOMMENDATION: Grant a final 15-year latecomer agreement (LA-09-001) to Daljit Singh Gill and Hardip Singh Gill for a sanitary sewer main extension along NE 7th Pl between Field Ave NE and Hoquiam Ave NE and authorize staff to finalize the latecomer agreement per City Code. 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 7 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 8 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 9 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 10 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 11 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 12 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 13 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 14 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 15 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 16 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 17 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 18 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 19 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 20 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 21 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 22 of 162 6c. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 23 of 162 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Commencing formal renewal proceedings with Comcast under the Federal Cable Communications Policy Act of 1984, as amended Meeting: Regular Council - 23 May 2011 Exhibits: Comcast Letter Resolution Submitting Data: Dept/Div/Board: Executive Staff Contact: Marty Wine, Asst. CAO (x6526) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City of Renton grants Comcast the right to operate and provide cable television services within the City through a franchise. Comcast’s franchise was last renewed in 2008 and will expire in September, 2014. Comcast recently invoked formal franchise renewal proceedings and notified Renton of its wish to preserve formal franchise renewal rights (a standard letter that Comcast sends to a city up to three years prior to the expiration of its franchise as provided for in federal regulations). Franchise renewal can occur through informal or formal negotiations. To respond to Comcast’s notification, notify the public, and commence formal renewal proceedings, the Administration requests commencement of formal renewal proceedings with Comcast by resolution. This signals the City's intent to review the franchise and the performance of the cable operator, and to identify the City’s future cable related needs and interests. City notification needs to occur some time during the 6 months following the notice from Comcast. In the prior renewal, Renton used the franchise renewal process to review cable operations within the City. This evaluation included a compliance review to ensure Comcast was meeting the terms of the franchise, including system construction and extension; a system technical review of Comcast’s physical plant within Renton to ensure code compliance; a review of the rate order forms over the prior term of the franchise to ensure alignment with published rates; a franchise fee review; a review of community cable-related needs by users; Public, Educational and Governmental access (PEG) interests and fees; and other reviews that would materially affect cable television services and costs. Through competitive RFP, Renton procured the assistance of Bradley & Guzzetta during the last franchise renewal for these reviews, and will now begin to assess the need for internal and external support for franchise renewal. STAFF RECOMMENDATION: Adopt a resolution to commence formal franchise renewal proceedings with Comcast. 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 24 of 162 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 25 of 162 (comcast October 25, 2010 Comcast Cable 15815 25th Ave West Lynnwood, WA 98087 CSTY OF RENTON OCT 2 6 2010 CERTIFIED MAIL - RETURN RECEIPT REQUESTED RECEIVED CITY CLERK'S OFFICE Bonnie Walton City Clerk/Cable Manager J/lO^f ^J^^ CityofRenton \//tAAAf (JoM^ 1055 South GradvWav <fiJ*""7 ,.}„.-. 1055 South Grady Way Renton, WA 98055 Subject: FRANCHISE RENEWAL Dear Ms. Walton: We at Comcast appreciate the opportunity to serve the citizens of Renton. It is our credo that we will he the company to look to first for the communications products and services that connect people to what's important in their lives. In living our credo, we look forward to- providing broadband services to our customers in Renton for many years to come. Therefore, we are taking this step to ensure the renewal of our franchise with. you. The Cable Communications Policy Act of 3984 ("the 1984 Cable Act") encourages franchisors and cable operators to reach renewal agreements at any time through an informal process of discussion. However, Section 626 of the 1984 Cable Act also provides for commencement of a formal renewal procedure. To preserve our statutory rights to this formal procedure, this letter is our official notice to you invoking that provision. This letter is not intended to introduce a new formality into our discussions, nor is that the intention of the 1984 Cable Act. In fact, we prefer to reach a mutually satisfactory agreement through informal negotiations, thus making many of the 1984 Cable Act's formal procedures unnecessary. I will be happy to discuss this matter with you, or provide any additional information that you may require. I look forward to meeting with you in the near future and to continuing a relationship that, we believe, benefits both the community and the residents of Renton. Sincerely, Terry Davis Director, Franchising and Government Affairs tf- Clef's tfeneuW F;/*, (l-H-loU) 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 26 of 162 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 27 of 162 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 28 of 162 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 29 of 162 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 30 of 162 6d. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceedings with Comcast. Page 31 of 162 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2010 Emergency Management Performance Grant (EMPG) Reissue Meeting: Regular Council - 23 May 2011 Exhibits: Issue Paper 2010 EMPG Contract E11-259 Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Deborah Needham, Emergency Management Director x7027 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ Amount Budgeted: $ 0 Revenue Generated: $95355.82 Total Project Budget: $ 0 City Share Total Project: $ SUMMARY OF ACTION: The EMPG provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies. For 2010, the City was granted $130,366 through the EMPG. To date we have received $35,010 of the grant funds. Due to federally mandated environmental and equipment reviews the deadline needs to be extended until July 31, 2011 to allow for approved purchases and reimbursement. There was insufficient time for the state to process the EMPG 2010 contract extension as an amendment, approved earlier this year, prior to the deadline. The state has reissued the grant under a new contract number for the remainder of the grant amount of $95,356. Wording, intent, new deadline and total grant amount remain the same. STAFF RECOMMENDATION: Authorize the Mayor to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract E11-259. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 32 of 162 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 33 of 162 DHS-FEMA-EMPG-FFY 10 Page 1 of 21 City of Renton Fire and Emergency Services Department E11-259 Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: City of Renton Fire and Emergency Services Department 1055 South Grady Way Renton, WA 98057 2. Contract Amount: $95,355.82 3. Contract Number E11-259 4. Contractor’s Contact Person, phone number: Kelly Carey, (425) 430-7053 kcarey@rentonwa.gov 5. Contract Start Date: October 1, 2009 6. Contract End Date: July 31, 2011 7. MD Program Manager/phone number: Charma Anderson, (253) 512-7064 c.anderson@emd.wa.gov 8. Data Universal Numbering System (DUNS #): 092278894 9. UBI # (state revenue): 177-000-094 10. Funding Authority: Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement #: 2010-EP-EO-0027 12. Program Index # & OBJ/SUB-OJ 703PT NZ 13. CFDA # & Title: 97.042 EMPG 14. TIN or SSN: 91-6001271 15. Service Districts: (BY LEGISLATIVE DISTRICT): 5,11,37,41,47 (BY CONGRESSIONAL DISTRICT): 7,8,9 16. Service Area by County(ies): King County 17. Women/Minority-Owned, State Certified?: X N/A  NO  YES, OMWBE #_________ 18. Contract Classification:  Personal Services  Client Services X Public/Local Gov’t  Collaborative Research  A/E  Other________ 19. Contract Type (check all that apply): X Contract  Grant  Agreement  Intergovernmental (RCW 39.34)  Interagency 20. Contractor Selection Process: X “To all who apply & qualify”  Competitive Bidding  Sole Source  A/E RCW  N/A  Filed w/OFM?  Advertised?  YES NO _______ 21. Contractor Type (check all that apply)  Private Organization/Individual  For-Profit X Public Organization/Jurisdiction X Non-Profit  VENDOR X SUBRECIPIENT  OTHER 22. Brief Description: Provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs. The purpose of the funding is to support and enhance day-to-day emergency management operations. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions (Exhibit A), Statement of Work (Exhibit B) and Budget (Exhibit C) and the attached Contractor’s Scope of Work (Attachment A) govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) Any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date James M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Brian E. Buchholz (signature on file) 3/12/2010 Assistant Attorney General FOR THE CONTRACTOR: __________________________________________ Signature Date Denis Law, Mayor for City of Renton Fire and Emergency Services Department Attest: _____________________________________ Bonnie Walton, City Clerk Form 10/27/00 kdb 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 34 of 162 DHS-FEMA-EMPG-FFY 10 Page 2 of 21 City of Renton Fire and Emergency Services Department E11-259 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization from the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department’s Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed. Invoices must be submitted no more often than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice 1 No later than 45 days following the (shall not exceed overall contract amount) contract end date Program #/Copies Due Date Midterm Report Electronic July 15, 2010 Final Report Electronic No later than 45 days following the contract end date The Midterm Report and the Final Report will be submitted by email to the EMPG Program Assistant. Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and/or deliverables. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Name Kelly Carey Name Charma Anderson Title Administrative Secretary I Title EMPG Program Manager E-Mail kcarey@rentonwa.gov E-Mail c.anderson@emd.wa.gov Phone (425) 430-7053 Phone (253)512-7064 Name Sierra Wardell Title EMPG Program Coordinator E-Mail s.wardell@emd.wa.gov Phone (253) 512-7121 Name Charles Tomala Title EMPG Program Assistant E-Mail c.tomala@emd.wa.gov Phone (253) 512-7470 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 35 of 162 DHS-FEMA-EMPG-FFY 10 Page 3 of 21 City of Renton Fire and Emergency Services Department E11-259 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, applicable laws and regulations, including competitive processes and other procurement requirements. A non-exclusive list of regulations commonly applicable to DHS grants is: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A- 21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122) and Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Audit Requirements: OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $95,355.82 of non-federal origin. Match (cost share) may be cash or in-kind. The grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2010 (FFY10) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2010 must be met. Applicants will be required to certify as part of their FFY10 EMPG applications that they have met the FFY09 NIMS requirements and will meet the FFY10 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergency/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which the jurisdiction is already compliant, as well as identify the NIMS requirements the jurisdiction has not yet met. 5. Grant funds may not be used to replace or supplant existing funding. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 36 of 162 DHS-FEMA-EMPG-FFY 10 Page 4 of 21 City of Renton Fire and Emergency Services Department E11-259 ARTICLE VI – PROCUREMENT AND FINANCIAL MANAGEMENT: 1. All sole source contracts over $100,000 must be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor’s subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors’ sole source justifications. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor’s subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors’ contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor’s invoice and packing slip or a statement signed and dated by the Contractor’s authorized representative that states “all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements”. 7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http://www.gsa.gov. ARTICLE VII – EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor’s equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer’s serial number, model number, or other identification number; the source of the equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 37 of 162 DHS-FEMA-EMPG-FFY 10 Page 5 of 21 City of Renton Fire and Emergency Services Department E11-259 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10. As a subrecipient of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and subrecipients who receive pass-through funding from this contract. ARTICLE VIII – SUBRECIPIENT MONITORING: The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit req uirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Monitoring activities may include: • review of performance reports; • monitoring and document the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence; • review of reimbursement requests to ensure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; • on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. As a subrecipient of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subrecipients who receive pass-through funding from this contract. ARTICLE IX– ENVIRONMENTAL AND HISTORIC PRESERVATION: The Contractor shall ensure full compliance with FEMA’s Environmental and Historic Preservation (EHP) Program. Information about these requirements can be found on pages 28-30 of the EMPG FFY10 Program Guidance located at http://www.fema.gov/pdf/government/grant/2010/fy10_empg_kit.pdf or on FEMA’s website at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met. The Contractor is advised that any project with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. All other projects, including training and exercise activities, must be evaluated to determine impact. If impact is identified they must also go through an EHP review. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 38 of 162 DHS-FEMA-EMPG-FFY 10 Page 6 of 21 City of Renton Fire and Emergency Services Department E11-259 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient" shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. c. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. d. “Recipient”– a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. “Pass-Through Entity” means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 – “A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program.” f. “Nonfederal Entity” is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. “Federal Financial Assistance” – Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. “Grant” - For the purposes herein, the term “grant” may be used to mean “contracts” or “grants” or “agreements”. j. “CFDA Number” – The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. “CFR” – Code of Federal Regulations l. “OMB” – Office of Management and Budget m. “RCW” - Revised Code of Washington n "WAC " - Washington Administrative Code. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 39 of 162 DHS-FEMA-EMPG-FFY 10 Page 7 of 21 City of Renton Fire and Emergency Services Department E11-259 2. SUBRECIPIENT MONITORING a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor’s performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and reasonable assurance of contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for “for-profit” subrecipients, since the A-133 Single Audit does not apply to “for-profit” organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. c. The Contractor shall maintain all books, records, documents, data, and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor’s Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 40 of 162 DHS-FEMA-EMPG-FFY 10 Page 8 of 21 City of Renton Fire and Emergency Services Department E11-259 d. Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select “Grants Management” followed by “Circulars”. Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor’s Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor’s fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 41 of 162 DHS-FEMA-EMPG-FFY 10 Page 9 of 21 City of Renton Fire and Emergency Services Department E11-259 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug- Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not responsible for advising the Contractor about, or determining the Contractor’s compliance with, applicable laws, regulations and policies. In the event of the Contractor’s or a subcontractor’s noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor’s failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington’s Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women’s Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department’s name is mentioned or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department or as required to comply with the Public Records Act or court order. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 42 of 162 DHS-FEMA-EMPG-FFY 10 Page 10 of 21 City of Renton Fire and Emergency Services Department E11-259 Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the “General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs” which can be found at www.epls.gov. 13. LIMITATION OF AUTHORITY -- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE – INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 43 of 162 DHS-FEMA-EMPG-FFY 10 Page 11 of 21 City of Renton Fire and Emergency Services Department E11-259 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking lots that do not provide receipts) that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY’S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney’s fees and costs. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 44 of 162 DHS-FEMA-EMPG-FFY 10 Page 12 of 21 City of Renton Fire and Emergency Services Department E11-259 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a “Termination for Cause”, without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under “Contract Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Contractor’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department’s Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 45 of 162 DHS-FEMA-EMPG-FFY 10 Page 13 of 21 City of Renton Fire and Emergency Services Department E11-259 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 46 of 162 DHS-FEMA-EMPG-FFY 10 Page 14 of 21 City of Renton Fire and Emergency Services Department E11-259 Exhibit B Statement of Work FFY 2010 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207). Funds for the FFY 2010 EMPG program are appropriated under the Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83). A portion of FY2010 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budgets. Each jurisdiction or tribe, that applied and meets the qualifications specified in WAC 118-09 regarding emergency management assistance funds, is awarded a contract based on the size of their agency’s emergency management operating budget. The Scope of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY10 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the contract deliverables during the contract performance period. The Budget Sheet outlines the Contractor’s emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities, upon which their award is based. City of Renton Fire and Emergency Service Department (herein known as the Contractor) agrees to the following: GENERAL PROGRAM REQUIREMENTS: 1. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract, including modification of the local/tribal emergency management budget. Performance reports will be submitted by email to the EMPG Program Assistant as required in the contract Milestones. 2. Adhere to all administrative, financial and procurement guidance, including competitive processes and other procurement requirements, to include: Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), Federal Emergency Management Agency’s codified regulations, 44 CFR Part 13 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) and 2 CFR Part 225 (Cost Principles for State, Local, and Indian tribal Governments), and Federal Acquisition Regulations (FAR), Part 31.2, Contract Cost Principles and Procedures, Contracts with Commercial Organizations. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor’s sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors’ sole source justifications. • Adhere to DHS requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor’s sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors’ contract. 3. Plan and implement equipment purchases, exercises, training, planning, organizational expenses and management/administration in accordance with the FFY10 Emergency Management Performance Grant Program Guidance as well as all subsequent policy changes, which can be found at: http://www.fema.gov/pdf/government/grant/2010/fy10_empg_kit.pdf. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 47 of 162 DHS-FEMA-EMPG-FFY 10 Page 15 of 21 City of Renton Fire and Emergency Services Department E11-259 4. Ensure that all sub-contractors are in compliance with the FFY10 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Exercises that are implemented with grant funds must meet the requirements of the FFY10 Emergency Management Performance Grant. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department. 6. A mechanism must be in place to capture, track and document match. 7. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 8. FEMA reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a. the copyright in any work developed under an award or sub-award; and b. any rights of copyright to which the Contractor purchases ownership with Federal support. The Contractor must agree to consult with FEMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 9. All publications created with funding under the FFY10 EMPG grant award shall prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agency’s Grant Programs Directorate (FEMA/GPD) within the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the U.S. Department of Homeland Security." 10. Submit monthly requests or at least bi-annually for reimbursement to the Department, signed and approved, invoice vouchers (State Form A-19) and a Reimbursement Spreadsheet to the Department for costs incurred and certifying match requirement has been met. 11. No costs will be paid in advance of their being incurred by the Contractor. 12. No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 13. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http://www.gsa.gov. 14. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. Requests for reimbursement of equipment purchases will include a copy of the vendor’s invoice and packing slip. CONTRACTOR TASKS : 1. Perform activities described in the attached Contractor’s Scope of Work (see Attachment A). 2. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 3. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies. THE MILITARY DEPARTMENT AGREES TO: 1. Manage and administer the FFY10 Emergency Management Performance Grant Program. 2. Provide program assistance and coordination with FEMA where necessary. 3. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 48 of 162 DHS-FEMA-EMPG-FFY 10 Page 16 of 21 City of Renton Fire and Emergency Services Department E11-259 MILESTONES FFY10 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2009 Start of performance period. April 2009 Contract Execution. July 15, 2010 Submission of Midterm Report. July 31, 2011 End of performance period. September 15, 2011 Submit all final reports and requests for reimbursement. 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 49 of 162 DHS-FEMA-EMPG-FFY 10 Page 17 of 21 City of Renton Fire and Emergency Services Department E11-259 Exhibit C Budget Sheet FFY10 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Category 2010 Local Funds Budget* Salaries and Benefits $403,517 In-Direct Costs $0 Travel $2,354 Equipment $0 Supplies $6,500 Telephones $5,484 IT $65,358 Printing $500 Janitorial/Maintenance $0 Auto Lease $13,122 Space Rental $33,851 Insurance $0 Subcontractor $43,500 Other $90,000 Total All Program Costs $664,186 FFY10 EMPG Award $130,366 The City of Renton Fire and Emergency Services Department award is $130,366. This is based on the FFY10 allocation factor of 19.6% of approved local/tribal emergency management operating budgets. Due to unforeseen factors, the contract has been reissued with a subtracted amount due to previous expenditures in the original contract. The remaining amount of the award is $95,355.82. This award will not be used to supplant the existing local/tribal funds identified above. The Department’s Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. If the local/tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - PI# 703PT – EMPG 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 50 of 162 DHS-FEMA-EMPG-FFY 10 Page 18 of 21 City of Renton Fire and Emergency Services Department E11-259 Attachment A Scope of Work FFY10 Emergency Management Performance Grant Program Agency: Renton Fire and Emergency Services Department Washington State does not require a specific number of activities to receive EMPG funding, however, there are required activities that must be scheduled and conducted in order to remain eligible for EMPG funding. The Scope of Work proposed must be proportionate to the level of local funding and anticipated EMPG funding. Required Activities Certify that your Agency understands the following required activities are to be completed between January 1, 2010 and December 31, 2010: YES Please enter the approval date of latest CEMP: 1/20/2009 Emergency Management Function Activity Deliverable Performance Measures Timeline Communications & Warning 1. Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out. a. Ensure jurisdiction is incorporated into the fan out. b. Participate in scheduled tests. Jurisdiction will be better prepared to activate NAWAS in an emergency. Success will be measured through the number of successful NAWAS tests completed. Ongoing Communications & Warning 2. Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC. Communicate regularly with EMD to retain CEMNET capability and participate in testing as scheduled. Jurisdiction will be better prepared to use CEMNET in an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. Ongoing Communications & Warning 3. Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the state RACES plan. Update local plans and equipment as necessary. Jurisdiction will be better prepared to utilize RACES volunteers, particularly if other communication capabilities are inoperable, in an emergency. 12/1/2010 Communications & Warning 4. Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. Develop/update an EAS Plan as needed. Update plans will result in an improved capability to utilize EAS in an emergency. 12/31/2010 Communications & Warning 5. Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your LRN. Participate as scheduled. Jurisdiction will be better prepared to activate EAS in an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. Ongoing 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 51 of 162 DHS-FEMA-EMPG-FFY 10 Page 19 of 21 City of Renton Fire and Emergency Services Department E11-259 Communications & Warning 6. Notify the state EOC immediately upon activation of local EOC. Provide Situation Reports (SITREPS) at least daily. Submit a daily Situation Report to the state EOC during activation. Coordination between the state and the local EOC will improve response capabilities during an event. Ongoing Program Management 7. Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements. Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Please contact Jim Kadrmas, EMD, at 253-512-7027 or j.kadrmas@emd.wa.gov if you have questions. Demonstrate NIMS adoption and compliancy. Emergency responders will have a uniform set of processes and procedures thus improving all-hazard incident response capabilities. 9/30/2010 Exercises, Evaluations & Corrective Actions 8. Each jurisdiction receiving EMPG funds must participate in the design, conduct and evaluation of at least one exercise during the performance period: full-scale, functional or table top. An EOC activation will fulfill this requirement. The standard format for the AAR and IP can be found in Volume III of the HSEEP manuals at http://hseep.dhs.gov. The State's ETO is Jerry Jenson, 253-512-7045, g.jenson@emd.wa.gov. Submit an After Action Report (AAR) and Improvement Plan (IP) to the State Exercise Training Officer (ETO) within 60 days of the completion of the exercise. Through the exercise process a jurisdiction can determine areas of strength and weakness in response capabilities. Development of an AAR and IP allows for the documentation, monitoring and follow-up on those issues. Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction. 12/7/2010 Planning 9. Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP should be compliant with both the National Response Framework and the National Incident Management System (NIMS). Requirements for plan development and submission are provided in RCW 38.52.070, WAC 118-09 and WAC 118-30. a. Any jurisdiction that has not submitted an updated CEMP to the State Emergency Management Division within the past four years must do so during this program year. b. First-time applicants must complete a draft of their Basic Plan portion of the CEMP within the program year. The CEMP will address all- hazards identified in the jurisdiction's Hazard Identification and Vulnerability Analysis and infrastructure and improve the jurisdiction's ability to prepare for, respond to and recover from an emergency. 12/1/2010 Finance & Administration 10. Seek reimbursement in compliance with 10EMPG Guidance, award contract, 44CFR, 2CFR Parts 225, 220 and 230. Expenditures listed on the Reimbursement Spreadsheet cannot be items listed in the 2010 Local Funds Budget portion of the Emergency management Operating Budget in this application Submit requests for reimbursement (A19 Invoice) along with a Reimbursement Spreadsheet showing how EMPG funds were spent. EMPG funds enhance local emergency management programs and are spent in accordance with all applicable laws and guidelines. Within 30 days after the activity was performed 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 52 of 162 DHS-FEMA-EMPG-FFY 10 Page 20 of 21 City of Renton Fire and Emergency Services Department E11-259 Program Management 11. Progress reports are required twice during the award contract performance period. Progress reports must be submitted as required in the award contract. The midterm report must clearly describe the progress the recipient is making towards the deliverables described in this Scope of Work. The final report should highlight the impact EMPG funding has had on the jurisdiction's capabilities. Demonstration of the impact EMPG funding has on emergency management capabilities will be documented in progress reports. Midterm Report due 7/15/10 Final Report due 5/15/11 Crisis Communication, Public Education and Information 12. Conduct a public disaster education program for the inhabitants of the community. a. Preparedness presentation and distribution of preparedness materials to schools, civic groups, business organizations, nursing care facilities, child care facilities, governmental agencies, hospitals, the general public, etc. and/or b. Participate in the State's Disaster Preparedness Campaign. Citizens or Washington will be better able to care for themselves, family members, neighbors, etc. and will improve their ability to stay safe during an emergency. Success can be measured through the number of presentations provided or participation in the Washington State campaign. 9/30/2010 Additional Activities Crisis Communication, Public Education & Information Purchase and install weather proof, sealed bulletin boards for the Neighborhood Information and Communication Hub In Emergencies (NICHE) program. NICHE boards installed. Citizens will be able to obtain emergency information when high-tech means of communication are not operable. 11/1/2010 Exercises, Evaluations & Corrective Actions Assign staff to serve on core exercise design team for SoundShake 2010; participate in SoundShake. Significant contribution to major regional exercise. Exercise will be inclusive of smaller jurisdictions like Renton. 10/7/2010 Operations & Procedures Expand emergency notification system capabilities, write an SOP on its use, and train selected staff in its use. SOP completed. City staff will utilize the emergency notification system more effectively. 8/1/2010 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 53 of 162 DHS-FEMA-EMPG-FFY 10 Page 21 of 21 City of Renton Fire and Emergency Services Department E11-259 Hazard Mitigation Initiate development of an LEPC. LEPC established. Emergency management will have more regular communication with hazmat using facilities to help mitigate against potential accidents. 12/31/2010 Laws and Authorities Revise emergency powers ordinance. Emergency powers ordinance revised. Elected officials will possess sufficient legal authorities to take swifter, appropriate action in an emergency. 11/1/2010 Hazard Identification & Risk Assessment Participate in a DHS assessment of critical infrastructure vulnerabilities. Critical infrastructure vulnerabilities identified. City staff will have a better understanding of critical infrastructure vulnerabilities in order to better mitigate or respond to incidents that involve critical infrastructure. 12/31/2010 Crisis Communication, Public Education & Information Conduct emergency preparedness training for leaders in the immigrant, refugee communities to be able to carry back to their communities. 1 preparedness training completed. Non-English-speaking residents will be better prepared for emergencies. 6/1/2010 Planning Revise 4 ESFs within the CEMP. 4 ESFs revised. The CEMP will be improved. 12/31/2010 Training Conduct a Logistics Chief course. Logistics Chief course conducted for IMT members. More persons trained in functions of the Logistics Chief position. 8/1/2010 Planning Revise damage assessment process to include alternative field information relays through a pilot project with purchased handheld devices. Damage assessment process revised, handheld devices purchased. By transferring damage assessment to more individuals in the City, first responders will be freed up to focus on response issues more quickly. 12/31/2010 6e. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 54 of 162 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project Meeting: Regular Council - 23 May 2011 Exhibits: Standard Consulting Agreement Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager (extension 7471) Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ $130,976.00 Transfer Amendment: $ Amount Budgeted: $ $380,000.00 Revenue Generated: $$217,762.00 Total Project Budget: $ $229,223.15 City Share Total Project: $ $11,461.15 SUMMARY OF ACTION: Approval is requested to enter into a Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project for the completion of Preliminary Engineering and Design Engineering Phase I. The FAA has provided a grant in the amount of $217,762 to fund 95 percent ofthe design and engineering phases ofthis project. Council accepted the $217,762 grant offer and the 5 percent match of $11,461.15 on August 16, 2010. The FAA grant and the 5 percent match provide a total project budget of $229,223.15. The amount of the first contract with Reid Middleton, Inc. for Preliminary Engineering was $97,872. The amount of this contract for completion of Preliminary Engineering and Design Engineering Phase I is $130,976.00. The total of the two contracts is $228,848, which is $375.15 less than the total project budget. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Reid Middleton, Inc. in the amount of $130,976 for completion of Preliminary Engineering and Design Engineering Phase I related to the Taxiway Bravo Rehabilitation Project. 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 55 of 162 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE:May 23, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA: FROM: Denis Law, Mayor Gregg ZimmermarPA inistrator STAFF CONTACT:Ryan Zulauf, Airport Manager (extension 7471) SUBJECT:Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project ISSUE: Should Council approve a Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project for the completion of Preliminary Engineering and Design Engineering Phase I? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Reid Middleton,Inc. in the amount of $130,976 for completion of Preliminary Engineering and Design Engineering Phase I related to the Taxiway Bravo Rehabilitation Project. BACKGROUND: This is the second contract with Reid Middleton,Inc. for the completion of engineering and initial design services related to the Taxiway Bravo Rehabilitation Project. The original contract with Reid Middleton began the preliminary engineering for this project and this contract will finish the necessary preliminary engineering and begin the new pavement design engineering. Typically the City would have completed this work in a single contract, but in this case two contracts were necessary to take advantage of federal funding as it became available. 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 56 of 162 Terri Briere,Council President Members of the Renton City Council Page 2 of 2 May 23,2011 At the end of this contract the City will receive the following deliverables: •City shoreline permit exception •A completed FAA environmental checklist •An initial design report outline •Preliminary engineering findings and recommendations summary (includes results of destructive and non-destructive testing of the existing asphalt) •A preliminary construction cost estimate •A preliminary project phasing layout The FAA has provided a grant in the amount of $217,762 to fund 95 percent ofthe design and engineering phases of this project. Council accepted the $217,762 grant offer and the 5 percent match of $11,461.15 on August 16, 2010. The FAA grant and the 5 percent match provide a total project budget of $229,223.15. The amount of the first contract with Reid Middleton, Inc. for Preliminary Engineering was $97,872.00. The amount of the second contract for completion of Preliminary Engineering and Design Engineering Phase I is $130,976.00. The total of the two contracts is $228,848, which is $375.15 less than the total project budget. The funding source for the match to the grant is the Taxiway Bravo Rehabilitation Project, which has a 2011 budget of $380,000 and includes future anticipated FAA grant funding of $150,000. Pending federal funding, this grant money would be available fall 2011. cc: Rich Perteet, Deputy PW Administrator- Transportation Connie Brundage,Transportation Administrative Secretary Susan Campbeii-Hehr/Carolyn Currie, Airport Secretary H:\File Sys\AIR- Airport,Transportation Services Division\03 Projects\01Tasks\Agenda Bills\2011Agenda Bills\Agenda Bill 2011- Reid Middleton Completion of Preliminary Engineering and Design Engineering Phase 1\lssue Paper.doc 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 57 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 58 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 59 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 60 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 61 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 62 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 63 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 64 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 65 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 66 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 67 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 68 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 69 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 70 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 71 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 72 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 73 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 74 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 75 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 76 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 77 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 78 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 79 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 80 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 81 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 82 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 83 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 84 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 85 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 86 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 87 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 88 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 89 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 90 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 91 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 92 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 93 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 94 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 95 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 96 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 97 of 162 6f. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. for engineering Page 98 of 162 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL PROCEEDINGS WITH COMCAST UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED. WHEREAS, the City granted, by Ordinance No. 4412, a Franchise to TCI Seattle, Inc. (the "Franchise"), to provide cable television service within the territorial limits of the City on August 9,1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV, Inc. & Comcast of California/Colorado/Washington I, Inc. ("Comcast"); and WHEREAS, the City granted, by Ordinance No. 5453, an extension of the Franchise term through midnight, September 13, 2013; and WHEREAS, by letter dated October 25, 2010, from Comcast to the City, Comcast invoked the formal renewal procedures set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended (the "Cable Act"), 47 U.S.C. § 546; and WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if a written renewal request is submitted by a cable operator during the six-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence formal renewal proceedings to identify the future cable-related community needs and interests, and to review the performance of the cable operator under its franchise during the then current franchise term; and 8a. ‐ Commencement of renewal proceedings with Comcast (See 6.d.) Page 99 of 162 RESOLUTION NO. WHEREAS, the City is desirous of commencing the formal renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City intends to take any and all steps required or desired to comply with the franchise renewal and related requirements of the Cable Act, Washington law and the Franchise; and WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, formal renewal proceedings under Section 626(a) of the Cable Act; and WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal process may involve the collection and analysis of information from Comcast (and its affiliates and subsidiaries), City agencies and departments, the public and other interested parties, and may require one or more public hearings; 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. SECTION II. The City hereby commences formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) concerning Comcast and the Franchise. These proceedings, and all applicable procedures, timelines and deadlines set forth in Section 626(a)-(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), may be tolled if Comcast and the City enter into a lawful and binding tolling agreement ("Standstill Agreement"). 8a. ‐ Commencement of renewal proceedings with Comcast (See 6.d.) Page 100 of 162 RESOLUTION NO. SECTION III. The City or its designee(s) may conduct such hearings, surveys and meetings they deem appropriate to assess community cable-related needs and interests, evaluate Comcast's past performance and enable the public an opportunity to participate in formal Franchise renewal proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C § 546(a)(1). City staff and/or their designee(s) shall provide the public with notice of, and an opportunity to participate in, any public hearings or public meetings conducted under Section 626(a)(1), unless Section 626(a)(1) proceedings are tolled pursuant to a binding Standstill Agreement, in which case such notice and an opportunity to participate will only be required if the Standstill Agreement ceases to be effective or if the Cable Act's formal renewal process is reactivated in accordance with the Standstill Agreement. SECTION IV. City staff and/or their designee(s) are authorized to manage and conduct the formal franchise renewal proceedings specified in 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to assess the community's cable-related needs and interests, to review Comcast's past performance under the Franchise and applicable laws and regulations, and to comply with applicable laws, regulations, orders and decisions. SECTION V. City staff and/or their designee(s), may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If City staff and Comcast decide to utilize the informal renewal process, City staff shall inform the City of the decision, and the City may approve informal renewal discussions and enter into a Standstill Agreement with Comcast, if appropriate or desired. Should the City and Comcast follow the informal franchise renewal process under Section 8a. ‐ Commencement of renewal proceedings with Comcast (See 6.d.) Page 101 of 162 RESOLUTION NO. 626(h), 47 U.S.C. § 546(h), City staff and/or their designee(s) are authorized to enter into Franchise renewal and/or extension negotiations with Comcast, to prepare informal renewal proposals and to respond to informal renewal proposals from Comcast, to communicate with Comcast on the City's behalf, to perform past performance and needs assessment reviews, and to take all other steps and actions necessary or desired to engage in the informal renewal process and/or to comply with applicable laws, regulations, orders and decisions. The City will provide adequate public notice of and an opportunity to comment on any informal Franchise renewal proposal(s) submitted by Comcast before taking any final action on such proposal(s). SECTION VI. City staff and/or their designee(s) may establish procedures and dates for the conduct of any hearings, meetings and/or surveys related to any Section 626(a) proceedings or the informal renewal process, and may establish procedures and dates for the submission of testimony and other information in connection with such proceedings and/or the informal renewal process. SECTION VII. City staff and/or their designee(s) are authorized to request and require Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with any Section 626(a) proceedings or the informal renewal process under Section 626(h) (including any needs assessment(s) or past performance review(s) associated therewith), to the maximum extent permitted by the Franchise and applicable laws, ordinances, regulations, resolutions, settlement agreements, and memoranda of understanding, to gather such other information from other persons, agencies or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to 8a. ‐ Commencement of renewal proceedings with Comcast (See 6.d.) Page 102 of 162 RESOLUTION NO. ensure the City and the public's cable-related needs and interests are satisfied and fully protected consistent with applicable law. SECTION VIII. Nothing in this Resolution shall be construed to waive or limit the City's authority, rights, remedies and defenses under applicable agreements, laws, regulations, orders and decisions. SECTION IX. City staff shall keep the City fully appraised of the status and progress of the formal and informal renewal processes, as appropriate. SECTION X. This Resolution shall become effective immediately upon adoption. PASSED BY THE CITY COUNCIL this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney RES:1504:5/5/ll:scr Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor 8a. ‐ Commencement of renewal proceedings with Comcast (See 6.d.) Page 103 of 162 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE SUNSET AREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Findings. The Council finds as follows: A. The City is subject to the requirements of the Growth Management Act, RCW 36.70A ("GMA") and is located within an Urban Growth Area; B. The City has adopted a Comprehensive Plan complying with the GMA, and is amending the Comprehensive Plan to address transportation improvements and capital facilities specific to the Sunset Area; C. The City has adopted a Community Investment Strategy, development regulations and design guidelines specific to the Sunset Area which will guide growth and revitalization of the area, including the Sunset Terrace public housing project; D. The City has prepared an EIS for the Sunset Area, and the EIS adequately addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the designated Planned Action area; E. The mitigation measures identified in the Planned Action EIS and attached to this ordinance as Attachment B, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action area; 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 104 of 162 ORDINANCE NO. F. The Comprehensive Plan and Planned Action EIS identify the location, type and amount of development that is contemplated by the Planned Action; G. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public and enhance economic development; H. The City has provided numerous opportunities for meaningful public involvement in the proposed Planned Action, has considered all comments received, and, as appropriate, has modified the proposal or mitigation measures in response to comments; I. The Sunset Area Planned Action is not an essential public facility as defined by RCW 36.70A.200(1); J. The Planned Action area applies to a defined area that is smaller than the overall City boundaries; and K. Public services and facilities are adequate to serve the proposed Planned Action. SECTION II. Procedures and Criteria for Evaluating and Determining Projects as Planned Actions. A. Planned Action Area. The Planned Action designation shall apply to the area shown in Attachment A. B. Environmental Document. A Planned Action determination for a site-specific implementing project application shall be based on the environmental analysis contained in the Draft EIS issued by the City on December 17, 2010, and the Final EIS published on April 1, 2011. The Draft and Final EISs shall comprise the Planned Action EIS. The mitigation measures contained in Attachment B are based upon the findings of the Planned Action EIS and shall, 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 105 of 162 ORDINANCE NO. along with adopted City regulations, provide the framework that the City will use to impose appropriate conditions on qualifying Planned Action projects. C. Planned Action Designated. Land uses and activities described in the Planned Action EIS, subject to the thresholds described in subsection II.D and the mitigation measures contained in Attachment B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.031. A development application for a site-specific Planned Action project located within the Sunset Area shall be designated a Planned Action if it meets the criteria set forth in subsection II.D of this ordinance and applicable laws, codes, development regulations and standards of the City. D. Planned Action Qualifications. The following thresholds shall be used to determine if a site-specific development proposed within the Sunset Area is contemplated by the Planned Action and has had its environmental impacts evaluated in the Planned Action EIS: (1) Land Use. (a) The following general categories/types of land uses are considered Planned Actions: Single family and multi-family residential; schools; parks; community and public facilities; office and conference; retail; entertainment and recreation; services; utilities; and mixed-use development incorporating more than one use category where permitted. (b) Individual land uses considered as Planned Actions shall include those uses specifically listed in RMC 4-2-060 as permitted or conditionally permitted in the zoning classifications applied to properties within the Planned Action area provided they are consistent with the general categories / types of land uses in (l)(a). 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 106 of 162 ORDINANCE NO. (2) Development Thresholds. (a) The following amount of various new land uses are anticipated by the Planned Action: Land Use Residential Schools Parks Office/Service Retail Development Amount Alternative 3 2,506 units 57,010 gross square feet 0.25 acres 776,805 gross square feet 476,299 gross square feet FEIS Preferred Alt 2,339 units 57,010 gross square feet 3 acres 745,810 gross square feet 457,119 gross square feet (b) The following infrastructure and utilities are considered planned actions: roadways, water, wastewater, and stormwater facilities identified and studied in the EIS. (c) Shifting development amounts between categories of uses may be permitted so long as the total build-out does not exceed the aggregate amount of development and trip generation reviewed in the EIS, and so long as the impacts of that development have been identified in the Planned Action EIS and are mitigated consistent with Attachment B. (d) If future development proposals in the Planned Action area exceed the development thresholds specified in this ordinance, further environmental review may be required pursuant to WAC 197-11-172. Further, if proposed development would alter the assumptions and analysis in the Planned Action EIS, further environmental review may be required. 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 107 of 162 ORDINANCE NO. (3) Transportation - Trip Ranges and Thresholds. The number of new PM Peak Hour Trips anticipated in the Planned Action area and reviewed in the EIS are as follows: Alternative/Period 2006 2030 Alternative 3 2030 Preferred Alt Net increase from 2006 -> 2030 Alternative 3 Net increase from 2006 -> 2030 Preferred Alternative PM Peak Hour Trips* 2,082 trips 5,555 trips 5,386 trips 3,473 trips 3,304 trips *all P.M. peak hour trips with at least one end (origin, destination, or both) in TAZs containing the study area Uses or activities that would exceed the range of maximum trip levels will require additional SEPA review. (4) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. E. Planned Action Review Criteria. (1) The City's Environmental Review Committee may designate as "planned actions", pursuant to RCW 43.21C.030, applications that meet all of the following conditions: (a) The proposal is located within the Planned Action area identified in Attachment A of this ordinance; (b) The proposed uses and activities are consistent with those described in the Planned Action EIS and subsection II.D of this ordinance; 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 108 of 162 ORDINANCE NO. (c) The proposal is within the Planned Action thresholds and other criteria of subsection II.D of this ordinance; (d) The proposal is consistent with the City of Renton Comprehensive Plan and applicable zoning regulations; (e) The proposal's significant adverse environmental impacts have been identified in the Planned Action EIS; (f) The proposal's significant impacts have been mitigated by application of the measures identified in Attachment B, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) The proposal complies with all applicable local, state and/or federal laws and regulations, and the Environmental Review Committee determines that these constitute adequate mitigation; and (h) The proposal is not an essential public facility as defined by RCW 36.70A.200(1). (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved by the Department of Ecology, and review of the application and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a planned action, consistent with the requirements of RCW 43.21C.030, WAC 197-11-164 et seq, and this ordinance. F. Effect of Planned Action. 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 109 of 162 ORDINANCE NO. (1) Designation as a planned action project means that a qualifying proposal has been reviewed in accordance with this ordinance and found to be consistent with its development parameters and thresholds, and with the environmental analysis contained in the Planned Action EIS. (2) Upon determination by the City's Environmental Review Committee that the proposal meets the criteria of subsection II.D and qualifies as a planned action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for planned actions shall be reviewed pursuant to the following process: (1) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in RMC 4-8-080G and 4-9, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. The decision of the Environmental Review Committee regarding qualification as a Planned Action shall be final. (2) Public notice and review for projects that qualify as Planned Actions shall be tied to the underlying permit. The review process for the underlying permit shall be as provided in RMC 4-8-080G and 4-9. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (3) If a project is determined to not qualify as a Planned Action, the Environmental Review Committee shall so notify the applicant and prescribe a SEPA review 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 110 of 162 ORDINANCE NO. procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (4) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The Environmental Review Committee may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS. SECTION III. Monitoring and Review. A. The City shall monitor the progress of development in the designated Planned Action area to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Sunset Area. B. This Planned Action ordinance shall be reviewed no later than five (5) years from its effective date by the Environmental Review Committee to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the Planned Action EIS. C. At the following time periods, the City shall evaluate the overall sustainability of the Sunset Area Planned Action area defined in Attachment A consistent with Final EIS 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 111 of 162 ORDINANCE NO. Appendix A review of Goals and Objectives and LEED-ND qualitative evaluation, or an equivalent approach: (1) At the time of the five (5)-year review in subsection IV.B above. (2) At the time of a NEPA re-evaluation pursuant to 24 CFR Part 58.53. D. The City shall conduct a Greenroads evaluation or its equivalent at the time the NE Sunset Boulevard design is at the 30% design level and at the 60% design level. E. The City shall review the Potential Sunset Terrace Redevelopment Subarea at the time of the five (5)-year review in subsection IV.B in relation to the following evaluation criteria: (1) Contribution of final conceptual designs to 2030 Regional Vehicle Miles Travelled (VMT) consistent with Final EIS Table 3.2-4, Sunset Terrace Redevelopment Subarea Contribution to Forecast 2030 Regional VMT. (2) Changes in land use and population growth and resulting greenhouse gas emissions of final conceptual designs compared to Tables 3.2-5 and 3.2-6 of the Final EIS, titled respectively Assumed Land Use and Population Growth for Greenhouse Gas Emission Calculations—Potential Sunset Terrace Redevelopment Subarea and Comparison of Greenhouse Gas Emissions—Potential Sunset Terrace Redevelopment Subarea. (3) Change in effective impervious area for Sunset Terrace Redevelopment Subarea compared with Final EIS Preferred Alternative and Alternative 3 which resulted in a decrease of approximately 0.51 acre (11%) to 1.07 acres (23%) compared to existing conditions per Table 7 of the Planned Action ordinance Attachment B. SECTION IV. Conflict. In the event of a conflict between this ordinance or any mitigation measure imposed thereto, and any ordinance or regulation of the City, the 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 112 of 162 ORDINANCE NO. provisions of this ordinance shall control except that the provision of any Uniform Code shall supersede. SECTION V. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application be declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance or its application to any other person or situation. SECTION VI. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after its passage, approval and publication as provided by law. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor Date of Publication: ORD.1705:5/3/ll:scr 10 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 113 of 162 EXHIBITS ON FILE WITH THE CITY CLERK'S OFFICE 8a. ‐ Sunset Area Planned Action (See 7.a.) Page 114 of 162 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING BY REFERENCE THE SUNSET AREA SURFACE WATER MASTER PLAN. WHEREAS, the Council has heretofore adopted stormwater controls for the City of Renton; and WHEREAS, adoption of a comprehensive system of stormwater controls for the Sunset Area has been reviewed in the Sunset Area Draft Environmental Impact Statement issued in December 2010, and in the Sunset Area Final Environmental Impact Statement issued in April 2011; and WHEREAS, the City is simultaneously adopting the Sunset Area Planned Action ordinance which requires implementation of a comprehensive system of stormwater controls for the Sunset Area in the best interest of, and for public benefit; and WHEREAS, the City has held a public hearing on this matter on April 6, 2011; and WHEREAS, the Planning Commission has made certain findings and recommendations to the Council; and WHEREAS, the Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to adopt the Sunset Area Surface Water Master Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings and recitals are found to be true and correct in all respects. 8b. ‐ Sunset Area Surface Water Master Plan (See 7.a.) Page 115 of 162 ORDINANCE NO. SECTION II. The Sunset Area Surface Water Master Plan, as shown on Attachment A and incorporated herein as if fully set forth, is herby adopted by this reference. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. , 2011. APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk day of. ., 2011. Approved as to form: Denis Law, Mayor Lawrence J. Warren, City Attorney Date of Publication: ORD:1707:4/12/ll:scr 8b. ‐ Sunset Area Surface Water Master Plan (See 7.a.) Page 116 of 162 EXHIBITS ON FILE WITH THE CITY CLERK'S OFFICE 8b. ‐ Sunset Area Surface Water Master Plan (See 7.a.) Page 117 of 162 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S 2004 COMPREHENSIVE PLAN, IN CONJUNCTION WITH THE SUNSET AREA PLANNED ACTION. WHEREAS, the Council has heretofore adopted and filed a Comprehensive Plan and has implemented and amended the Comprehensive Plan from time to time, together with the adoption of various codes, reports and records; and WHEREAS, the Planning Commission has heretofore fully recommended to the Council, from time to time, certain amendments to the City's Comprehensive Plan; and WHEREAS, RCW 36.70A.130 allows the Comprehensive Plan to be updated only once a year except under certain circumstances, one of those circumstances being the adoption of amendments necessary to implement a Planned Action ordinance; and WHEREAS, the City is simultaneously adopting the Sunset Area Planned Action ordinance; and WHEREAS, the City has held a public hearing on this matter on April 6, 2011; and WHEREAS, the Planning Commission has made certain findings and recommendations to the Council; and WHEREAS, the Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to amend and modify the City's Comprehensive Plan; and WHEREAS, such modification and elements for the Comprehensive Plan being in the best interest for the public benefit; 8c. ‐ Sunset Area Comprehensive Plan Amendments (See 7.a.) Page 118 of 162 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings and recitals are found to be true and correct in all respects. SECTION II. The following Comprehensive Plan elements are hereby modified, amended and adopted in part: Capital Facilities, Transportation, and Utilities, as shown on Attachments A, B, and C, respectively, and incorporated herein as if fully set forth. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1706:4/12/ll:scr 8c. ‐ Sunset Area Comprehensive Plan Amendments (See 7.a.) Page 119 of 162 EXHIBITS ON FILE WITH THE CITY CLERK'S OFFICE 8c. ‐ Sunset Area Comprehensive Plan Amendments (See 7.a.) Page 120 of 162 I^A/AJLAA S-fc-ZOII CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON (17040 108™ AVENUE SE; FORMER FIRE STATION 13) FROM RESIDENTIAL-TEN UNITS PER NET ACRE (R-10), TO RESIDENTIAL-FOURTEEN UNITS PER NET ACRE (R-14), FILE NO. LUA11-007, ECF, R. WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property herein below described in has heretofore been zoned as Residential-Ten Units Per Net Acre (R-10); and WHEREAS, the City initiated a proceeding for change of zoning classification of the property; and WHEREAS, this matter was duly referred to the Hearing Examiner for investigation, study, and public hearing, and the public hearing having been held on or about April 19, 2011; and WHEREAS, this matter having been duly considered by the Hearing Examiner; and WHEREAS, the zoning request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 8a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 121 of 162 ORDINANCE NO. SECTION I. The following property in the City of Renton is hereby rezoned to Residential-Fourteen Units Per Net Acre (R-14) as specified below. The Administrator of the Department of Community and Economic Development or designee is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence the rezoning, to-wit: See Attachment A, attached hereto and made a part hereof as if fully set forth. (City-owned former Fire Station 13 site located at 17040 108th Avenue SE near SE 172nd Street.) SECTION II. This ordinance shall be effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. ., 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD.1713:4/29/ll:scr 8a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 122 of 162 ORDINANCE NO. ATTACHMENT A LEGAL DESCRIPTION: That portion of the Southeast quarter of Section 29, Township 23 North, Range 5 East, W. M., in the City of Renton, King County, Washington, described as follows: The north 100 feet of the west 230 feet of the south one-half (1/2) of the south one-half (1/2) of the Northwest quarter of the Southeast quarter of said Section 29; LESS the west 30 feet thereof for highway. ATTACHMENT A-1 8a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 123 of 162 ORDINANCE NO. JU «5#ftyrw S^ Jo? P«ow row R i (i to K I J LW/ ,tep m^ Former Fire Station 13 - Rezone from R-10 to R-14 Mjy4. Still WO 2» N Community & Economic Development MCK Piccsdrx. AfiffllnlsLfatar r/_^iaie Zoning Designations CA connviticai Arfalal R--10Residential- 10 DU'AC R-14 Resleenliol - 14 DU'AC R-8 Residential - 8 DU.'AC ATTACHMENT A-2 8a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 124 of 162 ^L^JJ^ SJ6-&II lsrAl^J^ CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-4-010 AND 4-4-150 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, 4-9-100 OF CHAPTER 9, PERMITS - SPECIFIC, 4-10- 070 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, AND 4-11-010 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REVISING THE REGULATIONS REGARDING THE KEEPING OF ANIMALS, DELETING SUBSECTION 4-4-010P, MAKING VIOLATIONS OF ANIMAL PROVISIONS SUBJECT TO CIVIL PENALTIES, ADDING A DEFINITION FOR "ANIMALS, DOMESTIC - EXTRA LARGE LOT" AND REVISING THE DEFINITONS FOR "ANIMALS, DOMESTIC - LARGE LOT", "ANIMALS, DOMESTIC - MEDIUM LOT" AND "ANIMALS, DOMESTIC - SMALL LOT". THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsections 4-4-010F, Authority, 4-4-010G, Number of Animals Allowed, 4-4-010H, Keeping Greater Number of Animals Than Allowed, 4-4-010J.1, Shelter Location and Setbacks, and 4-4-010K.1, Shelter and Structures, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: F. AUTHORITY: 4T—Responsibility: Interpretation regarding responsibility will be determined administratively; responsibility for enforcement of the provisions of this Section shall be as follows: 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 125 of 162 ORDINANCE NO. a-1. Animal Control Officer: All those matters related to care, maintenance, and individual licensing. &2. Planning Development Services Division: All those matters concerning land use and zoning. G. NUMBER OF ANIMALS ALLOWED: 1. Lot Size Minimums and Maximum Number of Animals Permitted Outright: The allowable numbers of animals permitted outright, provided the minimum lot size is met, are detailed in the following table. The specified minimum lot sizes are absolute requirements, unless: a) an Additional Animals Permit is granted pursuant to RMC 4-9-100, or b) the number and type of animals was established legally under previous regulations and the ownership of the property has not changed. No variances, waivers, and/or modifications under the Ronton Municipal Code may be granted. The keeping of animals that require lesser lot size is allowed to be cumulative, when lot size requirements have been met. For example, on a twelve thousand five hundred (12,500) square foot lot, the keeping of two (2) medium lot domestic animals, six (6) small lot domestic animals, and three (3) household pets is permitted outright. Type of Animal Household Pets includes: dogs, cats, rabbits, caged indoor birds? and small rodents-. ftNon- venomous reptiles and amphibians weighing less than 10 pounds are also included. Maximum Number of Animals Permitted Outright 3* per dwelling or commercial building regardless of lot size. A pet license is required from the City Finance Department for each cat or dog. 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 126 of 162 ORDINANCE NO. Small Lot Domestic Animals includes: chickens, ducks, geese, pigeons7and rabbits. 3 on lots that are at least 6,000 gross sq. ft. in size. On lots that are larger than 6,000 gross sq. ft., 1 additional small lot domestic animal may be kept per additional 2,000 gross sq. ft. Medium Lot Domestic Animals includes: snoop, miniature goats that are smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight and sheep. 2 on lots that are at least 12,500 gross sq. ft. in size. On lots that are greater than 12,500 gross sq. ft., 1 additional medium lot domestic animal may be kept per additional 7,500 gross sq. ft. Large Lot Domestic Animals includes: horses, ponies, donkeys, cows, goats, llamas, oxen, and pigs. Extra Large Lot Domestic Animals includes: horses, donkeys, cows and llamas. 2 on lots that are at least 1 gross acre in size. On lots that are larger than 1 gross acre, 1 additional large lot domestic animal may be kept per additional 43,560 sq. ft. includes foster animals 2. Permit Required for More than Three (3) Dogs and/or Cats: Regardless of additional lot size, the keeping of four (4) or more dogs and/or cats shall always require obtainment of an Additional Animals Permit (RMC 4-9-100) or a Conditional Use Permit for a Kennel (RMC 4-9-030) if allowed by the property's zoning. H. KEEPING GREATER NUMBER OF ANIMALS THAN ALLOWED: 1. Permitted with an Additional Animals Permit (RMC 4-9-100): Greater numbers of animals than allowed in subsection Gl of this Section may be allowed, provided the minimum lot size of subsection Gl of this Section has been met, as detailed in the following table and subject to an Additional Animals Permit (RMC 4-9-100). 2. Minimum Lot Size Needed to Apply for an Additional Animals Permit: 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 127 of 162 ORDINANCE NO. Type of Animal Minimum Lot Size Needed to Apply for Additional Animals Permit DogSj a«4 Cats and Other Household Pets includes: rabbits, caged indoor birds and small rodents. Non-venomous reptiles and amphibians None weighing less than 10 pounds are also included. Other Household Pots includes: rabbits, caged indoor birds, small rodents, non-venomous reptiles and amphibians weighing loss than 10 pounds. 27,500 gross sq. ft. Small Lot Domestic Animals includes: chickens, ducks, geese, pigeonsr and rabbits. 6,000 gross sq. ft. Medium Lot Domestic Animals includes: sheep, miniature goats that are smaller than 24 inches at the shoulder and/or not more than 150 pounds in weight and sheep. 12,500 gross sq. ft. Large Lot Domestic Animals includes: horses, ponies, donkeys, cows, goats, llamas, oxen, and pigs. 43,560 gross sq. ft. Extra Large Lot Domestic Animals includes: horses, donkeys, cows and llamas. 20,000 sq. ft. devoted only to these animals 4-4-010J.1: 1. Shelter Location and Setbacks: Shelters, pens, and permanent/temporary kennel structures shall be located a minimum often feet (10') from any property line and in the rear yard. The Planning Development Services Division may grant an exemption from this ten-foot (10') requirement if the owner/tenant can provide sufficient information that a side yard would be a better location. 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 128 of 162 ORDINANCE NO. 4-4-010K.1: 1. Shelter and Structures: Shelter shall be provided for animals in clean structures which shall be kept structurally sound, maintained in good repair, contain the animals, and restrict entrance of other animals. All structures associated with kennels and stables shall be located a minimum of fifty feet (50') from any property line and must be located in the rear yard. On lots that are larger than one gross acre in size, exercising, training, and/or riding areas may be located closer than fifty feet (50') from a property line if the exercising, training, and/or riding areas are no closer than one hundred feet (100') to any dwelling unit and the location is approved, in writing, by the Planning Development Services Division. SECTION II. Subsection 4-4-010P, Violations and Penalties, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION III. Section 4-4-150, Violation of This Chapter and Penalties, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-12. 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 129 of 162 ORDINANCE NO. SECTION IV. Section 4-9-100, Additional Animals Permit Process, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-9-100 ADDITIONAL ANIMALS PERMIT PROCESS: A. PURPOSE: To ensure the keeping of additional animals occurs in a humane and appropriate manner that benefits the animals and allows animals to coexist harmoniously with adjacent and abutting uses. Additionally, a property owner may opt to request an Additional Animals Permit to document that the keeping of animals complied with the rules in effect on the date the animals were acquired. The City may opt to allow the permit to be transferrable to a new property owner subject to any conditions of approval and provided the animal keeping does not become a nuisance under RMC 1-3-3, Nuisances. B. APPLICABILITY: Typically, Additional Animals Permits are issued to an individual and held by that individual as long as they occupy the address where the keeping of additional animals has been approved and the animal use remains accessory. The permit is not transferable to a different individual or a different property. The permit is usually not transferable to a different individual, unless this is specifically stipulated as a condition of individual permit approval for Extra Large Lot Animals only. C. EXEMPTIONS: (Reserved) 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 130 of 162 ORDINANCE NO. ©r AUTHORITY AND RESPONSIBILITY: The Development Services Division, when if_satisfied that all requirements for an Additional Animals Permit are met, skaU may approve the issuance of the Additional Animals Permit. D. MAXIMUM NUMBER OF ANIMALS PERMITTED WITH AN ADDITIONAL ANIMALS PERMIT. The number of animals allowed with the Additional Animals Permit is generally at the discretion of the Reviewing Official Administrator of the Department of Community and Economic Development or designee, and/or the inspecting Animal Control Officer, however the following numbers shall not be exceeded for these specific animal types: 1. Dogs and Cats: not to exceed No more than a maximum of six (6) dogs and/or cats. If the Additional Animals Permit involves a use that also requires a Homo Occupation Permit (RMC 4 9-090), the Development Services Division shall provide documentation to the Finance Department that the keeping of additional animals complies with the requirements of this Section. 2. Extra Large Animals (Horses, Donkeys, Cows and Llamas) On Properties Without a Covered Arena and a Stable: Size of Property in Square Feet Less than 20,000 square feet of area devoted only to the animals Maximum Number of Extra Large Lot Animals Permissible with an Additional Animals Permit None allowed 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 131 of 162 ORDINANCE NO. 20,000 - 29,039 square feet* 29,040 - 43,559 square feet* 43,560 - 58,079 square feet* 58,080 - 72,599 square feet* 72,600 - 87,119 square feet* 87,120 - 101,639 square feet* 1 2 3 4 5 6 For lots over 101,639* square feet, an additional 14,520 square feet is required for each additional 'Extra Large Lot Animal' * A minimum of 20,000 square feet of area must be devoted only to the animals. 3. Extra Large Lot Animals (Horses, Donkeys, Cows and Llamas) On Properties With a Covered Arena and a Stable: Size of Property in Square Feet Less than 20,000 square feet of area devoted only to the animals 20,000 - 21,779 square feet* 21,780- 29,039 square feet* 29,040 - 36,299 square feet* 36,300 - 43,559 square feet* Maximum Number of Extra Large Lot Animals Permissible with an Additional Animals Permit None allowed 2 3 4 5 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 132 of 162 ORDINANCE NO. 43,560 - 50,819 square feet* 50,820 - 58,080 square feet* 6 7 For lots over 58,080* square feet, an additional 7,260 square feet is required for each additional 'Extra Large Lot Animal' * A minimum of 20,000 square feet of area must be devoted only to the animals. E. SUBMITTAL REQUIREMENTS AND FEES: Fees shall be as listed in RMC A 1 170the City of Renton Fee Schedule Brochure, and submittal requirements shall be as listed in RMC 4-8-120C. F. NOTIFICATION AND COMMENT PERIOD: 1. Notification: Public notice shall be accomplished consistent with RMC 4-8- 090, Public Notice Requirements. Property owners within three hundred feet (300') of the applicant's property shall be notified of the application. The applicant is responsible for providing current mailing labels and postage to the Development Services Division. 2. Comment Period and Decision: The notice of application comment period shall expire prior to the issuance of a decision by the Development Services Division Director or designee. The Director may approve, conditionally approve or deny the proposed application. G. DECISION CRITERIA: 1. Authority: The Development Services Division Director shall review requests for Additional Animals Permits for compatibility of the proposal with 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 133 of 162 ORDINANCE NO. the surrounding neighborhood. In order to determine that the site and facility will bo adequate and to ensure the humane and appropriate care of the animals, 2. Inspection Authorized: Tthe Development Services Director may require that the property be inspected by an Animal Control Officer. Factors to be considered in determining compatibility and adequacy are: 3. Findings Required for Approval: In order to approve the Additional Animals Permit, the Director must find all of the following: a. The site and facility will be adequate to ensure the humane and appropriate care of the animals. 4 b. The keeping of additional animals will not have an adverse a significant effect on abutting or adjacent properties or cause a detriment to the community. 2. The past history of animal control complaints regarding animals kept by the applicant. 3 c. Adequate and appropriate facility and rear yard specifications /dimensions exist that ensure the health and safety of the animals. The facility for medium lot, large lot and extra large lot domestic animals must include a grassy or vegetated area. d. Compliance with the requirements of RMC 4-9-100D, Maximum Number of Animals Permitted With an Additional Animals Permit. A-.—The animal size, type and characteristics of breed. 10 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 134 of 162 ORDINANCE NO. •£ e. The manner in which the aAnimal waste will be managed in a manner appropriate and adequate to prevent significant off-site impacts. &-.—The zoning classification of the promises on which the keeping of additional animals is to occur. 7 f. If the application is for the keeping of additional large lot or extra large lot animals, the applicant ska4J has provided a copy of an adopted farm management plan based on King County Conservation District's Farm Conservation and Practice Standards which shows that there is adequate pasturage to support a greater number of animals. g. If the application is for the keeping of additional extra large lot animals, the minimum area devoted only to the animals is at least twenty thousand (20,000) square feet. 8 h. If the application is for an animal foster care provider, the applicant shall keep paperwork for all foster animals which states that the animals are foster animals from a sponsoring organization. Such paperwork shall be provided upon request to City officials. 9 i. Compliance with the requirements of RMC 4-4-010, Standards for Animal Keeping Accessory to Residential/Commercial Uses. 4. Additional Considerations: Additional factors to be considered in determining compatibility and adequacy are: a. The past history of animal control complaints regarding animals kept by the applicant. 11 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 135 of 162 ORDINANCE NO. b. The animal size, type and characteristics of breed. c. The zoning classification of the premises on which the keeping of additional animals is to occur. H. CONDITIONS: The Development Services Division Director or designee, in reviewing an Additional Animals Permit application, may require soundproofing of structures as he or she deems necessary to ensure the compatibility of the proposal for additional animals with the surrounding neighborhood. Other conditions may be applied based upon the determination of the Director or designee that conditions are warranted to meet the purpose and intent of applicable regulations and decision criteria. I. PERIOD OF VALIDITY, INDIVIDUAL PERMITS: An Additional Animals Permit shall be annually reviewed and valid as long as the keeping of animals has not been discontinued for more than one (1) year, the operator is in compliance with the City requirements and has not had the Additional Animals Permit and/or any related home occupation license revoked or renewal refused. In addition, all animals that are required to be licensed shall be individually licensed according to the regulations found in chapter 5-4 RMC, Animal Licenses. Failure to renew animal licenses as required in chapter 5-4 RMC shall trigger review and/or revocation of the Additional Animals Permit. J. VIOLATION ANQ-REMAtftiS REVOCATION OF LICENSE: 12 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 136 of 162 ORDINANCE NO. 1. Revocation of Additional Animals Permit: If, after conducting an investigation, the Development Services Director finds that the keeping of additional animals is in violation of the provisions of this Section and/or the terms and conditions subject thereto, he or she may revoke the Additional Animals Permit. 2. Revocation of Business License: Upon findings of violation, if the Additional Animals Permit holder also has a home occupation business license, the Reviewing Official Administrator of the Department of Community and Economic Development or designee shall refer the findings to the City Finance and Information Technology Director Administrator who may revoke the home occupation business license pursuant to RMC 5-5-3F, general business license penalties. 3. License - Waiting Period Following Revocation or Refusal to Renew: For a period of one (1) year after the date of revocation or refusal to renew, permits shall not be issued for additional animals to applicants who have previously had such permit revoked or renewal refused. In addition, the applicant must meet the requirements of this Section or any provisions of the animal control authority. 4. Violations of This Chapter and Penalties: Notwithstanding the revocation powers—of the—Finance—a+*d—Information—Technology—Director—3t^4—the Development Services Director, and unless otherwise specified, violations of this Section are misdemeanors subject to RMC 13 1. 13 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 137 of 162 ORDINANCE NO. K. APPEAL: The applicant or a citizen may appeal the decision of the Reviewing Official Administrator of the Department of Community and Economic Development or designee pursuant to RMC 4-8-110, Appeals. SECTION V. Section 4-10-070, Nonconforming Animals, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-10-070 NONCONFORMING ANIMALS: See RMC 1 1 010K. A. Existing Legally Established Animals: Those property owners or tenants whose animals complied with the applicable requirements of King County or other applicable animal-related regulations in effect at the time the animals were legally established on the property shall be allowed to keep the number and type of animals and in the same manner under which the animals were kept legally, provided they do not constitute a nuisance under RMC 1-3-3, Nuisances, and comply with the relevant provisions of RMC 4-4-010J and K. B. Animal Replacement: Property owners or tenants who lose a legally established animal shall be allowed to replace the animal with a similar type of animal on the same property, provided the animal does not constitute a nuisance under RMC 1-3-3, Nuisances, and that they comply with the relevant provisions of RMC 4-4-010J and K. 14 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 138 of 162 ORDINANCE NO. C. Non-conforming Rights Not Transferrable: Legal non-conforming rights are not attached to the property and, therefore, are not transferrable from one property owner to another with the sale of the property. Exception: There is an exception to the prohibition of transfer only for Extra Large Lot Animals in those cases where an optional Additional Animals Permit has been requested and issued and that permit expressly allows the transfer of non-conforming rights to subsequent purchasers. P. Abandonment: If the keeping of non-conforming animals is abandoned for a period of one (1) year or more, it shall not thereafter be resumed. SECTION VI. Section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a definition for "Animals, Domestic - Extra Large Lot", and revise the definitions for "Animals, Domestic - Large Lot", "Animals, Domestic-Medium Lot", and "Animals, Domestic-Small Lot", as follows: ANIMALS, DOMESTIC - EXTRA LARGE LOT: Livestock to include horses, donkeys, cows, llamas and other animals of similar size and characteristics as approved by the Development Services Division. ANIMALS, DOMESTIC - LARGE LOT: Animals that typically require a lot size of at least one (1} acre lot size; to include horses, ponies, donkeys, cows, llamas, goats, pigs, oxen, and other animals of similar size and characteristics as approved by the Planning Director Development Services Division. 15 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 139 of 162 ORDINANCE NO. ANIMALS, DOMESTIC - MEDIUM LOT: Animals that typically require at least twelve thousand five hundred (12,500) gross square feet of lot size; to include sheep, miniature goats that are smaller than twenty-four inches (24") at the shoulder and/or not more than one hundred fifty (150) pounds in weight, sheep and other animals of similar size and characteristics as approved by the Planning Director Development Services Division. ANIMALS, DOMESTIC - SMALL LOT: Animals that typically require at least six thousand (6,000) gross square feet of lot size; to include rabbits, chickens, ducks, geese, pigeons, and other animals of similar size and characteristics as approved by the Planning Director Development Services Division. SECTION VII. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of _, 2011. APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk day of _,2011. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor 16 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 140 of 162 ORDINANCE NO. Date of Publication: ORD:1712:4/22/ll:scr 17 8b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 141 of 162 f foiled 0. 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), AND SECTION 4-4-100 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REDUCING THE ALLOWED SIZE OF POLITICAL SIGNS, LENGTHENING THE TIME IN WHICH POLITICAL SIGNS BE CAN DISPLAYED, MAKING VIOLATIONS OF THE REQUIRED REMOVAL PERIOD OF POLITICAL SIGNS CIVIL CODE VIOLATIONS AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-2B.6, "Penalties", of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. "Penalties" are any monetary recovery or reimbursement including, but are not limited to, fees and/or assessments. Penalties shall accrue for each day or portion thereof that each violation occurs. A Violator may be responsible for multiple penalties for each violation. Each day that a violation exists shall constitute a separate violation subject to separate penalties except for violations of the sign code, per RMC 4-4- 100, Signs, or violations constituting a noise disturbance, per RMC 8-7, Noise Level Regulations. See RMC 1-3-2P.5-6, Penalties. 8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 142 of 162 ORDINANCE NO. SECTION II. Subsection 1-3-2P, Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: P. Penalties: The penalties shall be as so defined in Subsection B6 of this Section. 1. The minimum penalty for the first violation shall be five one hundred dollars ($5100), not including costs or court costs, fees, and assessments. 2. The minimum penalty for the second violation of the same nature or a continuing violation shall be seven two hundred fifty dollars ($75200), not including costs or court costs, fees, and assessments. 3. The minimum penalty for the third violation of the same nature or a continuing violation shall be one thousand three hundred dollars ($ir©300), not including costs or court costs, fees, and assessments. 4. After three (3) prior violations, whether they occurred at the same time or in succession, the fourth violation shall constitute a gross misdemeanor. The Administrator and/or CCI has the authority to submit the violations to the prosecutor for criminal prosecution as provided in RMC 1-3-3E. a. The criminal offense shall be for failing to eliminate a violation after a Finding of Violation or after a confirmation or modification of a Finding of Violation. b. The prosecutor's burden is to prove beyond a reasonable doubt as to any Violator cited that in the City of Renton: 8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 143 of 162 ORDINANCE NO. i. The Violator has had three (3) prior violations under this Section of the Code; and ii. The prior convictions were within the last ten (10) years. Time served in jail is not excluded from the ten (10) year period. c. If a Violator/Defendant is found guilty beyond a reasonable doubt, the Violator/Defendant shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. d. A Violator/Defendant shall not be eligible for Electronic Home Detention or any other alternative to jail time. e. A Violator/Defendant shall remain responsible for the RMC civil code violation penalties and/or any costs, not including the cost of prosecution. 5. For violations of the sign code, as set forth in RMC 4-4-100, Signs, the monetary penalty for each violation shall be one hundred dollars ($100) per sign up to ten thousand dollars ($10,000). 6. For violations of the sign code, as set forth in RMC 8-7, Noise Level Regulations, the monetary penalty for each violation shall be two hundred fifty dollars ($250) per violation up to ten thousand dollars ($10,000). 7. The payment of a monetary penalty pursuant to this Section does not relieve a person of the duty to correct the violation as requested by the CCI or as ordered by the Administrator. The payment of a monetary penalty does not 8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 144 of 162 ORDINANCE NO. prevent the City from asserting that the violation continues to exist or from asserting that a new violation has been found. €8. It shall be a misdemeanor to impede, delay, obstruct or interfere with the City's employees or agents designated to perform the abatement. Any physical efforts to impede, delay, obstruct, or interfere with City employees or agents will be forwarded to the prosecutor for appropriate criminal filing. Nothing in this Section is intended to limit or prevent the pursuit of any other remedies or penalties permitted under the law, including criminal prosecution. SECTION III. Subsection 4-4-100B.6.m, Political Signs, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: m. Political Signs: Political signs less than twelve (12) thirty-two (32) square feet on one face as herein defined. SECTION IV. Subsection 4-4-100J.4.C, Removal Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Removal Required: Each political sign shall be removed within $m fourteen (104) days following an election, by the candidateSi ©f candidate's representative or proposition sponsor except that the successful candidates of a primary election may keep their signs on display until ten fourteen (1Q4) days is 8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 145 of 162 ORDINANCE NO. after the general election, at which time they shall be promptly removed. After ten fourteen (104) days the City may pick up and dispose of remaining signs. Violation or failure to comply with the provisions of this section shall subject the offender to RMC 1-3-2, Code Enforcement and Penalties. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. . 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor Date of Publication: ORD:1702:5/18/ll:scr 8c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 146 of 162 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-8-100C OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, AND SECTION 4-11-090 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING PROVISIONS TO TITLE IV TO ALLOW EXPIRATION OF INACTIVE INCOMPLETE AND COMPLETE APPLICATIONS. ^ g q WHEREAS, current regulations do not provide for expiration of applications that are inactive; and WHEREAS, vesting to development standards is obtained the date an application is determined to be complete and such vesting is maintained in perpetuity; and WHEREAS, many complete land use applications have become inactive and maintained inactivity for many years, resulting in applications that could be re-activated and maintain vesting to older codes and regulations; and WHEREAS, the City Council has amended the development regulations numerous times in the past to maintain consistency with the Comprehensive Plan, new policy direction, and a changing City; and WHEREAS, the City seeks to amend Title IV to permit the expiration of inactive land use applications after official notice and ample time has been provided to the project applicant; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and 8d. ‐ Inactive Land Use Applications ‐Title IV Docket #D‐59 (1st reading 5/16/2011)Page 147 of 162 ORDINANCE NO. WHEREAS, the Planning Commission held a public hearing on March 16, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-8-100C, Letter of Completeness, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. LETTER OF COMPLETENESS: 1. Timing: Within twenty eight (28) days after receipt of an application, the Department of Community and Economic Development Services Division shall provide a written determination that the application is deemed complete or incomplete according to the submittal requirements as listed in RMC 4-8-120A, B or C, and any site-specific information identified after a site visit. In the absence of a written determination, the application shall be deemed complete. 2. Applications Which are Not Complete: a. Notice of Incomplete Application: If an application is determined incomplete, the necessary materials for completion shall be specified in writing to the contact person and property owner. b. Notice of Complete Application or Request for Additional Information: Within fourteen (14) days of submittal of the information specified 8d. ‐ Inactive Land Use Applications ‐Title IV Docket #D‐59 (1st reading 5/16/2011)Page 148 of 162 ORDINANCE NO. as necessary to complete an application, the applicant will be notified whether the application is complete or what additional information is necessary. The maximum time for resubmittal shall be within ninety (90) days of written notice. c. Time Extensions: In such circumstances where a project is complex or conditions exist that require additional time, the Administrator of the Department of Community and Economic Development or designee may allow the applicant, contact person and/or property owner additional time to provide the requested materials. When granted, extension approvals shall be provided in writing. 3. Additional Information May Be Requested: A written determination of completeness does not preclude the Department of Community and Economic Development Services Division from requesting supplemental information or studies, if new information is required to complete review of an application or if significant changes in the permit application are proposed. The Department of Community and Economic Development Services Division may set deadlines for the submittal or supplemental information. 4. Expiration of Complete Land Use Applications: Any land use application type described in Section 4-8-080 that has been inactive and an administrative decision has not been made or has not been reviewed by the Hearing Examiner in a public hearing shall become null and void six (6) months after a certified notice is mailed to the applicant, contact person and property owner, unless 8d. ‐ Inactive Land Use Applications ‐Title IV Docket #D‐59 (1st reading 5/16/2011)Page 149 of 162 ORDINANCE NO. other time limits are prescribed elsewhere in the Renton Municipal Code or other Codes adopted by reference. 5. Extension of Complete Application: A one (1) time, one (1) year extension may be granted if a written extension request is submitted prior to the expiration date identified in the certified notice and the applicant, contact person or property owner(s) has demonstrated due diligence and reasonable reliance towards project completion. In consideration of due diligence and reasonable reliance the Administrator of the Department of Community and Economic Development or designee shall consider the following: a. Date of initial application; b. Time period the applicant had to submit required studies; c. Availability of necessary information; d. Potential to provide necessary information within one (1) year; e. Applicant's rationale or purpose for delay; and f. Applicant's ability to show reliance together with an expectation that the application would not expire. SECTION II. Section 4-11-090, Definitions I, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a definition for "Inactive Application", to read as follows: INACTIVE APPLICATION: A submittal for a land use permit in which the applicant has not provided requested documentation within the time period identified 8d. ‐ Inactive Land Use Applications ‐Title IV Docket #D‐59 (1st reading 5/16/2011)Page 150 of 162 ORDINANCE NO. through written communication, or there has been no communication or action from the applicant for a period of ninety (90) days. Such time limit shall not apply in the event the delay is caused by the City. SECTION III. This ordinance shall be effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1704:4/28/ll:scr Denis Law, Mayor 8d. ‐ Inactive Land Use Applications ‐Title IV Docket #D‐59 (1st reading 5/16/2011)Page 151 of 162 /sW~<f *•"•**" CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-080 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE TV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY DELETING SUBSECTION RMC 4-1-080F WHICH ALLOWS FOR EXTENSION OF THE PERIOD OF VALIDITY FOR LAND USE AND SUBDIVISION APPROVALS, jx / y i^y it/ C™^ WHEREAS, the City recognizes that in 2009 and 2010 certain projects with land use approvals were in danger of expiration due to the difficulty of obtaining financing for construction; and WHEREAS, the City's extension was approved until December 31, 2010, unless extended by the City Council; and WHEREAS, the City recognizes that the 2010 Washington State Legislature approved a similar two-year extension of plats effective June 10, 2010, which sunsets December 31, 2014; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on March 2, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 8e. ‐ Extension Approvals ‐ Title IV Docket #D‐62 (1st reading 5/16/2011)Page 152 of 162 ORDINANCE NO. SECTION I. Subsection 4-1-080.F, Extension of Period of Validity for Land Use and Subdivision Approvals, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1711:4/21/ll:scr 8e. ‐ Extension Approvals ‐ Title IV Docket #D‐62 (1st reading 5/16/2011)Page 153 of 162 /sW^y *"'*"" CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-2-130 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, SECTION 4-4-080 OF CHAPTER 4, CITY-WIDE PROPERTY REGULATIONS, AND SECTION 4- 11-040 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) AND SECTION 9-10-11 OF CHAPTER 10, STREET EXCAVATIONS, OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REMOVING THE TERM "DOWNTOWN CORE" FROM THE RENTON MUNICIPAL CODE AND REPLACING IT WITH "CENTER DOWNTOWN ZONE". 7\^Q"^ WHEREAS, the term "Downtown Core" is still used in a limited number of places in the Renton Municipal Code; and WHEREAS, the Council adopted Ordinance 5357 in 2008, which amended the development regulations for Renton's downtown and eliminated the "Downtown Core" overlay; and WHEREAS, in Ordinance 5357 the term "Center Downtown Zone" replaced the term "Downtown Core"; and WHEREAS, the Planning Commission held a public hearing on this issue on March 16, 2011; and WHEREAS, this change does not affect the goal or policies of the Comprehensive Plan; and WHEREAS, clean-up of the remaining references to the "Downtown Core" would ensure consistency in the Renton Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 8f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011)Page 154 of 162 ORDINANCE NO. SECTION I. Subsection 4-2-130B.13.a of subsection 4-2-130B, Conditions Associated With Development Standards Table For Industrial Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: a. When abutting a public street, 1 additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e.g., inside the Center Downtown €efe Area in the CD Zone); SECTION II. Subsection 4-4-080F.10.e, Parking Spaces Required Based on Land Use, of Chapter 4, City-Wide Property Development Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the table heading "Commercial Activities Within the Center Downtown Core Zone" is revised as follows: COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN €©RE ZONE: SECTION III. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the definition of "Downtown Core Area" is deleted. SECTION IV. Subsection 9-10-11F.6, Removal of Utility Locate Marking From Sidewalks Required, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance 8f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011)Page 155 of 162 ORDINANCE NO. No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Removal of Utility Locate Markings from Sidewalks Required: The permittee will be required to remove utility locate marks on sidewalks only within the Center Downtown Core Area Zone. The permittee shall remove the utility locate marks within 14 days of job completion. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor ORD:1701:4/21/ll:scr 8f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011)Page 156 of 162 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-8-110 OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A REFERENCE TO RCW 43.21.075. '0-(#4 WHEREAS, the City has consolidated its land use review process to allow for one open record appeal hearing consistent with state law; and WHEREAS, the City wishes to clarify code language to ensure that the state law is referenced; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on March 2, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-8-110C.8, Limit on Number of Appeals, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8g. ‐ Land Use Applications & SEPA Mitigation Conditions ‐ Title IV Docket #D‐64 (1st reading 5/16/2011)Page 157 of 162 ORDINANCE NO. 8. Limit on Number of Appeals: Per RCW 43.21.075,T-the City has consolidated the permit process to allow for only one (1) open record appeal of all permit decisions associated with a single development application. There shall be no more than one (1) appeal on a procedural determination or environmental determination such as the adequacy of a determination of significance, nonsignificance, or of a final environmental impact statement. Any appeal of the action of the Hearing Examiner in the case of appeals from environmental determinations shall be joined with an appeal of the substantive determination. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of ,2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor 8g. ‐ Land Use Applications & SEPA Mitigation Conditions ‐ Title IV Docket #D‐64 (1st reading 5/16/2011)Page 158 of 162 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1710:4/21/ll:scr 8g. ‐ Land Use Applications & SEPA Mitigation Conditions ‐ Title IV Docket #D‐64 (1st reading 5/16/2011)Page 159 of 162 I^MOjUsy £'/£-&• •// CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 6-6-9, OF CHAPTER 6, ANIMALS AND FOWL AT LARGE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY CHANGING THE APPELLATE BODY FROM THE MUNICIPAL COURT TO THE HEARING EXAMINER. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 6-6-9A, Confiscation, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. Confiscation: Any dog alleged to be dangerous shall be confiscated, as soon as practical, by an animal control authority, subject to hearing and appeal pursuant to subsection B of this section. The dog alleged to be dangerous shall be placed in quarantine for a maximum often (10) business days after mailing or publishing of a notice of the City's intent to have the dog declared dangerous, to allow the owner time to comply with the appeal requirements of this chapter. If the owner does not appeal, or after denial of the appeal affirming that the dog is dangerous, the decision is not appealed to the Municipal Court Hearing Examiner, or the dog is not moved to a legal location outside of the City, the dog shall be immediately destroyed in an expeditious and humane manner. Costs of this procedure shall be assessed against the owner or keeper of the dangerous dog. 8h. ‐ Dangerous dogs appeal process code amendment (1st reading 5/16/2011)Page 160 of 162 ORDINANCE NO. Any dog previously determined to be dangerous is subject to immediate confiscation and destruction after seventy-two (72) hours. SECTION II. Subsection 6-6-9B.5 of subsection 6-6-9B, Hearing And Appeal Procedure, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. The owner may appeal the Police Chief's (or his/her designee's) final determination that the dog is dangerous to the Municipal Court Hearing Examiner. The Municipal Court Hearing Examiner shall sit in an appellate capacity only, the record being limited to the materials considered by the Police Chief or his/her designee. The decision of the Municipal Court Hearing Examiner is not subject to appeal. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ _, 2011. Denis Law, Mayor 8h. ‐ Dangerous dogs appeal process code amendment (1st reading 5/16/2011)Page 161 of 162 ORDINANCE NO.. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1703:3/24/ll:scr 8h. ‐ Dangerous dogs appeal process code amendment (1st reading 5/16/2011)Page 162 of 162