HomeMy WebLinkAboutAgenda Packet for 06/13/2016
AGENDA
City Council Regular Meeting
7:00 PM - Monday, June 13, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATION
a) WSDOT I-405 Ramp Meters
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENTS
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed five minutes.
When recognized, please state your name & city of residence for the record.
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 June 6, 2016.
Council Concur
b) AB - 1683 Mayor Law reappoints Mr. Larry Reymann and Mr. Troy Wigestrand to the
Parks Commission for terms expiring on 6/1/2020.
Council Concur
c) AB - 1684 Community & Economic Development Department recommends waving
development and mitigation fees in the amount of $1,179,416 for three Sunset Area
Transformation Plan housing projects with a total of 133 housing units.
Refer to Planning & Development Committee
d) AB - 1685 Community & Economic Development Department recommends adopting a
resolution authorizing an application and Memorandum of Understanding for a HUD
Choice Neighborhoods Implementation Grant for up to $30 million for the Sunset Area
Transformation Plan.
Refer to Planning & Development Committee
e) AB - 1686 Community & Economic Development Department recommends adoption of an
ordinance granting a 10-year franchise agreement with Sprint Communications Company
L.P. as a purveyor of broadband telecommunication services within the City of Renton.
Refer to Utilities Committee
f) AB - 1679 Transportation Systems Division recommends approval of Addendum No. 1 to
CAG-15-089 with KPG, P.S., in the amount of $423,539.18, for the Rainier Ave. S Project -
Phase 4.
Refer to Transportation (Aviation) Committee
g) AB - 1680 Utility Systems Division recommends approval of an Engineering Consultant
Agreement with Stantec Consulting Services, Inc. in the amount of $313,700, for the
Thunder Hills Sanitary Sewer Replacement Project - design and construction services.
Refer to Utilities Committee
h) AB - 1682 Utility Systems Division recommends approval of Amendment #1 to CAG-13-
009, between King County and the City of Renton, for the Cedar River Gravel Removal
Project providing for a revised total of $13,171,131 in non-matching funding to the City of
Renton to fund all costs related to the project.
Refer to Utilities Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Committee of the Whole: RRFA Legislation*
b) Community Services: Maplewood Golf Course Organization Changes; 2016 Neighborhood
Grants
c) Finance Committee: Vouchers; Sunset Latecomer's Agreement*; 2016 Renton Farmers
Market King Conservation District Grant
d) Public Safety Committee: Adopting 2015 International Fire Code*
8. LEGISLATION
Resolution:
a) Sunset Latecomer's Agreement (See item 7.c.)
Ordinances for first reading:
b) Adding a New Chapter 2-21 RMC, Entitled "Renton Regional Fire Authority and Fire
Department" (See item 7.a.)
c) Adoption of 2015 International Fire Code (See item 7.d.)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. EXECUTIVE SESSION
Labor Negotiations - RCW 42.30.140(4)(b) - approximately 45 minutes
11. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7th Floor Conferencing Center
June 13, 2016
Monday, 6:00 p.m.
Regional Fire Authority Agreements and Legislation
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
June 6, 2016 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, June 6, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Randy Corman, Council President
Ryan McIrvin
Ruth Pérez
Don Persson
Ed Prince
Carol Ann Witschi
Councilmembers Absent:
Armondo Pavone
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER ARMONDO PAVONE. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence J. Warren, City Attorney
Megan Gregor, Deputy City Clerk
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Iwen Wang, Administrative Services Administrator
Chief Mark Peterson, Fire & Emergency Services Administrator
Chief Kevin Milosevich, Police Department
Commander Tracy Wilkinson, Police Department
SPECIAL PRESENTATIONS
a) Fire & Emergency Services Recognition of Citizens' Assistance in Near Drowning: Fire &
Emergency Services Administrator, Chief Mark Peterson presented awards to three citizens
who were involved in rescuing a drowning three year old boy at Gene Coulon Park on May 12,
2016.
AGENDA ITEM #6. a)
June 6, 2016 REGULAR COUNCIL MEETING MINUTES
b) Washington Recreation and Park Association (WRPA) Presentation of Awards to Renton
(Rescheduled to a later date)
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
The public was invited to join Mayor Law on Tuesday, June 7, 2016 at 3:00 p.m. as he
officially rings the opening bell to kick off the 15th season of the Renton Farmers
Market at Piazza Park in downtown Renton. The Market will run from June 7, 2016 -
September 27, 2016 every Tuesday from 3:00 p.m. - 7:00 p.m.
AUDIENCE COMMENTS
Howard McOmber, Renton, suggested that the City provide an additional "For the
Love of Renton" event, similar to the one that took place the evening of May 12,
2016. Additionally, he shared his enthusiasm for the Sunset Area Improvements
Project, and expressed his concern regarding an increased need for more accessible
affordable housing.
WALK ON ITEM - SEPERATE CONSIDERATION
a) Mayor Law appointed Jan Hawn as the new Administrative Services Administrator at step E of
salary grade m49, effective 6/6/2016.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR. CARRIED.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of May 23, 2016. Council Concur.
b) AB - 1671 Mayor Law reappointed Mr. Michael Drollinger, Mr. David Fleetwood, and Ms.
Angelina Benedetti to the Planning Commission for terms expiring on 6/30/2019. Council
Concur.
c) AB - 1676 City Attorney Department recommended adopting an ordinance to add a new
Chapter 2-21 to the Renton Municipal Code (RMC) entitled "Renton Regional Fire Authority
(RRFA) and Fire Department," designating the RRFA to act as the City's Fire Department and
the RRFA's Chief to act as the City's Fire Chief for purposes of administering, enforcing, and
interpreting the RMC. Refer to Committee of the Whole.
d) AB - 1673 City Clerk reported the results from the 5/25/2016 bid opening for CAG-16-042 -
2016 Street Patch and Overlay Project; and submitted the staff recommendation to accept
the lowest responsive bid submitted by Miles Resources, LLC, in the amount of $436,289.85.
Council Concur.
e) AB - 1674 City Clerk reported the results from the 5/25/2016 bid opening for CAG-16-077 - N
30th St. and Burnett Ave N Storm System Improvement Project; and submitted the staff
recommendation to accept the lowest responsive bid submitted by Northwest Cascade, Inc. in
the amount of $562,562. Council Concur.
AGENDA ITEM #6. a)
June 6, 2016 REGULAR COUNCIL MEETING MINUTES
f) AB - 1672 Community & Economic Development Department recommended adopting an
ordinance amending Chapter 5 of the RMC, adopting by reference and amending the most
recent editions of State, National, Uniform and International Codes and amending the
Construction Administrative Code. Refer to Planning & Development Committee.
g) AB - 1675 Community & Economic Development Department recommended adopting the
updated impact fees so as to ensure the City is able to continue to keep pace with growth and
increasing costs. Refer to Planning & Development Committee & Planning Commission.
h) AB - 1669 Community Services Department recommended approving two 2016 Neighborhood
Project Grant applications and authorize expenditures in the amount of $3,841.74 from the
budgeted 2016 Neighborhood Program Fund. Refer to Community Services Committee.
i) AB - 1678 Community Services Department requested authorization for reinstatement of the
Golf Course Manager position (grade m28) in the Community Services Department and utilize
approved funds from the 404 Enterprise Fund to cover salary and benefit costs. Refer to
Community Services Committee.
j) AB - 1681 Community Services Department recommended waiving City Center Parking Garage
fees in the amount of $13,600 for volunteers and vendors laboring at the Renton Farmers
Market. Council Concur.
k) AB - 1668 Fire & Emergency Services Department recommended adopting an ordinance
repealing Chapter 3-5 of the RMC, updating the RMC to adopt the 2015 International Fire
Code, and amending sections of the RMC related to implementing the Renton Regional Fire
Authority. Refer to Public Safety Committee.
l) AB - 1654 Transportation Systems Division recommended approval of a Consultant
Agreement with Parametrix, Inc. in the amount of $390,848 for consultant services for the
Duvall Ave. NE Improvements Project. Refer to Transportation (Aviation) Committee.
m) AB - 1664 Transportation Systems Division recommended approval of a Consultant Contract
with BergerABAM, Inc. in the amount of $329,204 for the engineering design, right-of-way
acquisition for the NE 31st St. Bridge Replacement Project. Refer to Transportation (Aviation)
Committee.
n) AB - 1670 Transportation Systems Division recommended approval of a consultant agreement
with KBA, Inc. in the amount of $131,350 for the design and construction of the Duvall Ave.
NE Pavement Preservation Project. Refer to Transportation (Aviation) Committee.
MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Utilities Committee: Chair McIrvin presented a report recommending concurrence in the staff
recommendation to execute the Engineering Consultant Agreement with RH2 Engineering, Inc.
for the Replace Highlands 435 Pressure Zone Reservoirs and Mains – Final Design Contract
Project, in the amount of $697,088, for the design of and services during bidding to construct a
replacement reservoir for the Highlands 435 pressure zone reservoirs and the transmission mains
from the reservoir site to Edmonds Avenue NE along NE 12th Street.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
June 6, 2016 REGULAR COUNCIL MEETING MINUTES
b) Utilities Committee: Chair McIrvin presented a report recommending concurrence in the staff
recommendation to execute Addendum #6 to CAG-13-105 with Coast & Harbor Engineering in
the amount of $383,507.50 for construction administration support for the Cedar River Gravel
Removal Project.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ITEMS OF "KING COUNTY
COMPREHENSIVE PLAN" AND "SOLID WASTE PLAN" TO THE COMMITTEE OF THE WHOLE.
CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. TIME
7:23 P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, June 6, 2016
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
June 6, 2016
June 9, 2016
Thursday
3:00 PM Planning & Development Committee, Chair Prince – Council Conference Rm
1. Adoption of 2015 Construction Codes - Briefing
2. Impact Fees Update - Briefing
3. Emerging Issues
4:00 PM Community Services Committee, Chair Witschi – Council Conference Room
1. Maplewood Golf Course Organization Changes
2. 2016 Neighborhood Grants
June 13, 2016
Monday
4:00 PM Public Safety Committee, Vice Chair Persson – Council Conference Room
1. Basic Law Enforcement Academy Update
2. Adopting 2015 International Fire Code
3. Emerging Issues
5:00 PM Finance Committee, Chair Persson – Council Conference Room
1. Vouchers
2. Sunset Latecomer’s Resolution
3. 2016 Farmers Market King Conservation District Grant
4. Emerging Issues in Revenue Streams
6:00 PM Committee of the Whole, Chair Corman – Conferencing Center
1. Regional Fire Authority Agreements and Legislation
AGENDA ITEM #6. a)
AB - 1683
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Reappointments to Parks Commission
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Executive
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None.
SUMMARY OF ACTION:
Mayor Law reappoints Mr. Larry Reymann and Mr. Troy Wigestrand to the Parks Commission, each for a term
expiring June 1, 2020.
EXHIBITS:
A. Memo to Mayor Law recommending reappointment of Larry Reymann
B. Memo to Mayor Law recommending reappointment of Troy Wigestrand
STAFF RECOMMENDATION:
Concur with Mayor Law's reappointment of Mr. Reymann and Mr. Wigestrand to the Parks Commission.
AGENDA ITEM #6. b)
DEPARTMENT OF
COMMUNITY SERVICES .“Renton 0
M E M OR A N D U M
DATE:May 11,2016 RECEIVED
TO:Denis Law,Mayor JUN 0 216
CC:Jay Covington,Chief Administrative Officer YQR OFFJCCJasonSeth,City Clerk
April Alexander,Executive Assistant
Roberta Graver,Administrative Assistant
FROM:Kelly Beymer,Community Services Administrator
SUBJECT:Reappointment of Park Commissioner Larry Reymann
I,along with staff,would like to request your consideration to recommend the
reappointment to the City Council for Park Board Commissioner Larry Reymann.Larry
has served as Chairperson for the board as well as attending numerous city events each
year representing the Board.He has brought new energy to the Board by his
commitment to his fellow citizens and appreciation of the services our City provides.He
realizes the importance of parks and recreational opportunities in the community and
serves as our advocate.
Additionally,Larry continues to be a front runner and advocate for protecting and
educating the community on nature,salmon habitat and park safety.Among the vast
volunteering he does each year,he serves at the Seattle Aquarium in various programs,
as Board Chairperson for the Environmental Science Center,as a Park Ambassador for
the May Creek Valley (King County Parks),and chairs the “Standing with Haiti”
Committee at St.Anthony’s which involves traveling to Haiti to build a new school,and
last year procured donations from McLendon’s and Costo to provide 300 pairs of
sandals for Haiti children.
We feel very fortunate Larry is willing to volunteer his time to guide and sustain our
programming efforts.
Should you have any questions or concerns,please feel free to call me at x6617.
AGENDA ITEM #6. b)
DEPARTMENT OF
COMMUNITY SERVICES —“Renton 0
M E M 0 RAN D U M
DATE:May 11,2016 RECEIVED
TO:Denis Law,Mayor JUN
CC:Jay Covington,Chief Administrative Officer
Jason Seth,City Clerk OFFICE
April Alexander,Executive Assistant
Roberta Graver,Administrative Assistant
FROM:Kelly Beymer,Community Services Administrator
SUBJECT:Reappointment of Park Commissioner Troy Wigestrand
I,along with staff,would like to request your consideration to recommend the
reappointment to the City Council for Park Board Commissioner Troy Wigestrand.Troy
is currently serving as Chairperson for the board for a term expiring June 2017.He also
attends numerous city events each year representing the Board.He has been an active
participant on sub-committees,including revising Parks Rules and Regulations,assisting
with the ‘Dogs at Coulon’survey,etc.,and realizes the importance of parks and
recreational opportunities in the community and serves as our advocate.His
commitment to the community is an asset to the Commission,staff,and citizens of
Renton.
Additionally,Troy continues to be a vocal advocate for the protection of and community
engagement in Renton’s parks,trails,and recreation opportunities.We feel very
fortunate Troy is willing to volunteer his time to guide and sustain our programming
efforts.
Should you have any questions or concerns,please feel free to call me at x6617.
h:\boards and commissions\park board\boardmembers\a ppointment memos\rea ppointment 5.2016
twigestrand.docx
AGENDA ITEM #6. b)
AB - 1684
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Request for Fee Waiver - Renton Housing Authority Sunset Area
Transformation Plan
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Mark Santos-Johnson, Community Development Project Manager
EXT.: 6584
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Renton Housing Authority's (RHA) Sunset Area Transformation Plan housing projects meet the criteria for
waiver of certain development and mitigation fees as provided for in RMC 4-1-210C, Rental Housing Incentive.
By providing the fee waiver for the 133 units as leverage for, and contingent upon, receipt of the US
Department of Housing & Urban Development (HUD) Choice Neighborhood Implementation (CNI) grant
application, the City's commitment will help facilitate and support the collaborative CNI application between
the City, RHA, and the King County Housing Authority for the Sunset Area Transformation Plan. The fee waiver
will assist RHA in securing CNI grant funds to construct all three of the Sunset Area Transformation Plan
housing project in five years rather than 10 to 15 years based on other available funding. The requested fee
waiver for RHA's three housing projects in the Sunset Area Transformation Plan supports the City's vision as
the "Center of Opportunity in the Puget Sound region where businesses and families thrive" and the Sunset
Area Community Investment Strategy.
EXHIBITS:
A. Issue Paper
B. Conceptual Site Plan
C. Fee Waiver Request Worksheet
STAFF RECOMMENDATION:
Approve a 100% waiver of the development and mitigation fees as provided for in RMC 4-1-210C for the
Renton Housing Authority's three Sunset Area Transformation Plan housing projects with a total of 133
housing units. The fee waivers will be contingent upon the receipt of a HUD CNI grant and will expire on
December 31, 2021, unless extended by Council.
AGENDA ITEM #6. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 13, 2016
TO:Randy Corman, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:C. E. “Chip” Vincent, CED Administrator, x6588
STAFF CONTACT:Mark Santos-Johnson, Community Development Project
Manager, x6584
SUBJECT:Request for Fee Waiver – Renton Housing Authority Sunset
Area Transformation Plan
ISSUE:
Should the City waive certain development and mitigation fees for the Renton Housing
Authority’s Sunset Area Transformation Plan housing projects?
RECOMMENDATION:
Approve a 100% waiver of the development and mitigation fees as provided for in RMC 4-1-210C
for the Renton Housing Authority’s three Sunset Area Transformation Plan housing projects with
a total of 133 new housing units. The fee waivers will be contingent upon the receipt of a US
Department of Housing & Urban Development (HUD) Choice Neighborhoods Implementation
(CNI) grant and will expire on December 31, 2021, unless otherwise extended by Council.
BACKGROUND SUMMARY:
The City is currently working with the Renton Housing Authority (RHA), the King County Housing
Authority, the Renton School District, Neighborhood House, and other public and private entities
to create a HUD CNI grant application for the Sunset Area Transformation Plan. The HUD CNI
grant would potentially provide up to $30 million to support the Sunset Area Community
Revitalization efforts and the Sunset Terrace Redevelopment.
AGENDA ITEM #6. c)
Randy Corman, Council President
Page 2 of 4
June 13, 2016
To prepare for the CNI application, RHA has requested a waiver of the development and
mitigation fees for the following three new multi-family rental housing projects included in the
Sunset Area Transformation Plan:
Suncrest Homes/Sunset Court
Total Units – 114
Units Affordable to Households below 60% of median income – 91 units
Percentage of units that are affordable – 79%
Site zoning – Center Village
Harrington Park
Total Units – 19
Units Affordable to Households below 60% of median income – 19 units
Percentage of units that are affordable – 100%
Site zoning – R-14
The three projects have a total of 133 new multi-family rental housing units, including 110 units
affordable to households at or below 60% of median income, and 23 mixed-income units
affordable to households at or below 120% of median income. See the attached conceptual site
plan for the housing project locations.
RHA plans to develop all three housing projects over the next five years IF Renton can secure a
HUD CNI grant. The agency is requesting the fee waivers be approved now so that they can be
considered committed funding for leverage to be included in the CNI grant application for the
Sunset Area Transformation Plan that is being submitted to HUD in late-June, 2016. This
committed funding will significantly improve the City and RHA’s chances of being successful in
the CNI grant competition.
RHA’s three Sunset Area Transformation Plan projects all meet the requirements of the RMC 4-1-
210C, Waived Fees – Rental Housing Incentive, for a waiver of 100% of the applicable fees,
including:
i.Minimum number of units (either 30 units in the CV zone or 8 units in the R-14 zone);
ii.Minimum percentage of affordable units (at least 50%); and
iii.Minimum number of units per building (4 or more),
RHA has committed to provide 100 replacement units for the Sunset Terrace public housing
project, plus additional affordable and mixed-income units. To date, they have completed two
small Sunset Terrace replacement housing projects in the Sunset Area: the 8-unit Glennwood
Townhomes and the 18-unit Kirkland Avenue Townhomes. CNI grant funds would allow RHA to
complete all three of the above Sunset Area Transformation Plan housing projects in five years
rather than 10 to 15 years based on other available funding. This is particularly important since
AGENDA ITEM #6. c)
Randy Corman, Council President
Page 3 of 4
June 13, 2016
support of the Sunset Terrace Redevelopment was the City’s highest priority strategy in the
Sunset Area Community Investment Strategy adopted in 2009.
The “Waived Fees - Rental Housing Incentive,” RMC 4-1-201C, was adopted on August 1, 2011, in
order to encourage new rental housing in the CV, RM-F, and R-14 zones within the Center Village
Comprehensive Plan designation. The fee waiver is intended to provide an incentive for
redevelopment in the Sunset Area and encourage new multi-family rental housing.
As provided for in RMC 4-1-210C, RHA has requested that the following fees be waived for the
three Sunset Area Transformation Plan housing projects: building permits fees; building permit
plan review fees; water, surface water, and wastewater system development charges; Public
Works plan review and inspection fees; and fire, transportation, and parks impact mitigation
fees.
The value of the requested fee waiver is approximately $1,179,416 for the three projects as
reflected in the attached worksheet – based on the City’s 2016 projected fee schedule. However,
the actual fee waiver may vary if the City’s fees and/or the particulars of the projects change in
the future. This City funding will leverage more than $56 million in capital funding for these
three projects, for a ratio of $44 leveraged for every City fee dollar waived. The fee waivers
represent an average savings of $8,868 per unit to help facilitate affordable housing
development in the Sunset Area.
The City’s fee waivers are contingent upon the receipt of a HUD CNI implementation grant for
the Sunset Area Transformation Plan and will expire on December 31, 2021, unless otherwise
extended by the Council. However, the total estimated fee waiver amount of $1,179,416 will be
included in the City’s leverage CNI commitment letter to HUD with the waived fees contingent
upon receipt of the CNI grant.
Per RMC 4-1-210C5, a fee waiver request for an eligible project must be made prior to or by the
administrative site plan review period unless otherwise approved by Council. However, since the
three Sunset Area Transformation Plan projects are included in the Sunset Terrace Master Site
Plan, staff recommends that Council approve RHA’s fee waiver request at this time.
Per RMC 4-1-210C6, RHA is required to execute and record a restrictive covenant regarding the
affordable housing unit set aside after Council approves the fee waiver and before the project is
issued a building permit, unless otherwise approved by Council. RHA plans to record restrictive
covenants on the sites to guarantee affordability for 40 years before each project is issued a
building permit.
CONCLUSION:
RHA’s three Sunset Area Transformation Plan housing projects meet the criteria for waiver of
certain development and mitigation fees as provided for in RMC 4-1-210C, Rental Housing
Incentive. By providing the fee waiver for the 133 units as leverage for and contingent upon
AGENDA ITEM #6. c)
Randy Corman, Council President
Page 4 of 4
June 13, 2016
receipt of the HUD Choice Neighborhoods Initiative implementation grant application, the City’s
commitment will help facilitate and support the collaborative CNI application between the City,
the Renton Housing Authority, and the King County Housing Authority for the Sunset Area
Transformation Plan. The fee waiver will assist RHA in securing CNI grant funds to construct all
three of the Sunset Area Transformation Plan housing projects in five years rather than 10 to 15
years based on other available funding. The requested fee waiver for RHA’s three housing
projects in the Sunset Area Transformation Plan supports the City’s vision as the “Center of
Opportunity in the Puget Sound region where businesses and families thrive” and the Sunset
Area Community Investment Strategy.
Enc.Sunset Area Transformation Plan – Conceptual Site Plan
Sunset Area Transformation Plan – Fee Waiver Request Worksheet
cc: Jay Covington, CAO
Jason Seth, City Clerk
Iwen Wang, Administrative Services Administrator
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Mark Peterson, Fire Chief/Emergency Services Administrator
Cliff Long, Economic Development Director
Mark Santos-Johnson, Community Development Project Manager
AGENDA ITEM #6. c)
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AB - 1685
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Authorize Application and Memorandum of Understanding for HUD
Choice Neighborhoods Implementation Grant for Sunset Area
Transformation Plan
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Mark Santos-Johnson, Community Development Project Manager
EXT.: 6584
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The Sunset Terrace Redevelopment is the highest priority investment strategy in the Sunset Area Community
Investment Strategy adopted in 2009. To maximize resources to assist with the Sunset Area Community
Revitalization and the Sunset Terrace redevelopment, the City is pursuing a US Department of Housing &
Urban Development (HUD) Choice Neighborhoods Implementation (CNI) grant for up to $30 million for the
Sunset Area Transformation Plan. Authorizing the Mayor to apply for and sign the Memorandum of
Understanding for the CNI grant funds for the Sunset Area Transformation Plan will help facilitate and support
the collaborative CNI application with the Renton Housing Authority and the King County Housing Authority.
EXHIBITS:
A. Issue Paper
B. Draft Resolution
STAFF RECOMMENDATION:
Approve a resolution to authorize an application and Memorandum of Understanding for a HUD CNI grant for
up to $30 million for the Sunset Area Transformation Plan.
AGENDA ITEM #6. d)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 13, 2016
TO:Randy Corman, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:C. E. “Chip” Vincent, CED Administrator, x6588
STAFF CONTACT:Mark Santos-Johnson, Community Development Project
Manager, x6584
SUBJECT:Authorize Application and Memorandum of Understanding
for HUD Choice Neighborhoods Implementation Grant for
Sunset Area Transformation Plan
ISSUE:
Should the City submit a US Department of Housing & Urban Development (HUD)
Choice Neighborhoods Implementation (CNI) grant application for the Sunset Area
Transformation Plan?
RECOMMENDATION:
Approve a resolution to authorize an application and Memorandum of Understanding
for a HUD CNI grant for up to $30 million for the Sunset Area Transformation Plan.
BACKGROUND SUMMARY:
Since the late 1990s, the City has viewed the Sunset Area (a.k.a. the Highlands) as a
high-priority redevelopment area targeted for improvement and investment. In
November 2009, Council adopted the Sunset Area Community Investment Strategy for
the 269-acre Sunset Area study area. The highest priorities for the Sunset Area
Community Investment Strategy included support for the Renton Housing Authority’s
Sunset Terrace Redevelopment.
The City, Renton School District (RSD), Renton Housing Authority (RHA), and others have
invested or committed more than $66 million to date in public investments in the
Sunset Area to support the Sunset Area Community Revitalization and/or the Sunset
AGENDA ITEM #6. d)
Randy Corman, Council President
Page 2 of 3
June 13, 2016
Terrace Redevelopment. The City is seeking to leverage additional public investment in
the Sunset Area.
The City is currently working with RHA, the King County Housing Authority (KCHA), RSD,
Neighborhood House, and other public and private entities to create a U.S. Housing and
Urban Development Department (HUD) Choice Neighborhoods Implementation (CNI)
grant application for up to $30 million for the Sunset Area Transformation Plan. If
successful, the CNI grant would provide the following funds for the Sunset Area
Transformation Plan:
Housing – Up to $21 million for RHA’s affordable and mixed-income housing
development in the Sunset Area
Neighborhoods – Up to $4.5 million for eligible targeted neighborhood
improvements in the Sunset Area
People – Up to $4.5 million total over five years for “people” services for Sunset
Terrace residents and the Sunset Area community
To support Renton’s efforts to secure a CNI grant for the Sunset Area Transformation
Plan, staff is requesting that Council authorize the Mayor to (i) apply for funds and
prepare a HUD CNI grant application for up to $30 million for the Sunset Area
Transformation Plan in cooperation with KCHA and RHA; (ii) sign all certifications and
provide all information required by HUD for the CNI application for the Sunset Area
Transformation Plan; and (iii) sign the Memorandum of Understanding among the City,
RHA, and KCHA for the CNI grant for the Sunset Area Transformation Plan in
substantially the same form as attached. Furthermore, staff is requesting that Council
authorize the Mayor, for the City, to be a Co-Applicant, and the Neighborhood Lead for
the CNI application with RHA as a Co-Applicant and KCHA as the Lead Applicant and the
Housing Implementation Entity, a role to be fulfilled in conjunction with RHA if the CNI
funds are awarded. The roles and responsibilities of the City, RHA, and KCHA are
included in the Memorandum of Understanding for the CNI grant.
The HUD CNI funds would provide substantial public investment in the Sunset Area, help
facilitate the Sunset Terrace Redevelopment, provide significant neighborhood
improvements and people enhancements, and help leverage additional public and
private investment to stimulate new commercial and residential development in the
Sunset Area.
CONCLUSION:
The Sunset Terrace Redevelopment is the highest priority investment strategy in the
Sunset Area Community Investment Strategy adopted in 2009. To maximize resources
to assist with the Sunset Area Community Revitalization and the Sunset Terrace
AGENDA ITEM #6. d)
Randy Corman, Council President
Page 3 of 3
June 13, 2016
Redevelopment, the City is pursuing a HUD CNI grant for up to $30 million for the Sunset
Area Transformation Plan. Authorizing the Mayor to apply for the CNI grant funds for
the Sunset Area Transformation Plan will help facilitate and support the collaborative
CNI application with RHA and KCHA.
Enc.Resolution (including the Memorandum of Understanding for the CNI grant for the Sunset Area
Transformation Plan)
cc:Jay Covington, CAO
Jason Seth, City Clerk
Iwen Wang, Administrative Services Administrator
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Cliff Long, Economic Development Director
Mark Santos-Johnson, Community Development Project Manager
AGENDA ITEM #6. d)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING AND AN
APPLICATION, ALONG WITH KING COUNTY HOUSING AUTHORITY AND RENTON
HOUSING AUTHORITY, FOR A U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT CHOICE NEIGHBORHOODS IMPLEMENTATION GRANT FOR THE
SUNSET AREA TRANSFORMATION PLAN.
WHEREAS, the Sunset Area (as reflected in the attached Sunset Area Vicinity Map) is
one of Renton’s older commercial and residential areas and is in need of revitalization; and
WHEREAS, since the late 1990s, the City has viewed the Sunset Area (a.k.a. the
Highlands) as a high‐priority redevelopment area targeted for improvement and investment;
and
WHEREAS, in June 2009, the City commissioned a Community Investment Strategy study
to prioritize additional public investment in the 269‐acre Sunset Area study area which resulted
in the City Council’s adoption of the Sunset Area Community Investment Strategy in November
2009; and
WHEREAS, the highest priorities for the Sunset Area Community Investment Strategy
included support for the Renton Housing Authority’s Sunset Terrace Redevelopment; and
WHEREAS, in June 2010, the City and the Renton Housing Authority partnered together
to conduct a Sunset Area Community Planned Action NEPA/SEPA Environmental Impact study.
The study was completed in April 2011 and resulted in the City Council’s adoption of the Sunset
Area Community Planned Action in June 2011, to help facilitate and support private and public
investment and redevelopment in the Sunset Area over the next 20 years; and
AGENDA ITEM #6. d)
RESOLUTION NO. ________
2
WHEREAS, in 2015, 27% of the households in the Sunset Area lived in poverty; the
median average household income was $42,500 [more than $22,723 less than the city as a
whole ($65,223) and more than $30,535 less than King County ($73,035)]; 73% of the students
at the neighborhood elementary school qualified for free or reduced fee lunch; and 48% of
students at the neighborhood elementary school had limited English proficiency; and
WHEREAS, the Sunset Area is a high‐priority investment area for the City and the
Renton Housing Authority; and
WHEREAS, the City, the Renton School District, and the Renton Housing Authority have
invested or committed more than $66 million to date in public investments in the Sunset Area
to support the Sunset Area Community Revitalization and/or the Sunset Terrace
Redevelopment; and
WHEREAS, the City is seeking to leverage public and private investment in the Sunset
Area to help address the needs of Renton’s Sunset Area residents; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued a
Notice of Fund Availability for the Choice Neighborhoods Implementation (CNI) Grant Program
and applications are due June 28, 2016; and
WHEREAS, the purposes of the CNI funds are to: (1) replace distressed public housing
and assisted housing with high quality mixed income housing, (2) improve educational
outcomes and intergenerational mobility for youth and their families and (3) create the
conditions necessary for public and private investment in distressed neighborhoods; and
WHEREAS, the City and Renton Housing Authority have partnered with the King County
Housing Authority to apply for the CNI grant and, if successful, for King County Housing
AGENDA ITEM #6. d)
RESOLUTION NO. ________
3
Authority to administer the CNI grant and use the majority of the CNI funds to build mixed
income housing primarily in the Sunset Area of Renton; and
WHEREAS, the City is working with the Renton Housing Authority, the King County
Housing Authority, the Renton School District, Neighborhood House, and other public and
private entities to create a HUD CNI grant application for the Sunset Area Transformation Plan.
The CNI grant would potentially provide up to $30 million to support the Sunset Area
Community Revitalization efforts;
WHEREAS, the City, the Renton Housing Authority, and the Renton School District have
taken significant steps towards planning and implementing substantial housing and
neighborhood improvements already in the Sunset Area, including: (i) construction completed
for the Meadow Crest Early Learning Center, the Meadow Crest Playground, the Renton
Highlands Library, 26 units of new affordable housing, the Harrington Green Connection and
water main improvements, and the Sunset Terrace Regional Stormwater Facility; and (ii)
relocation of residents from the Sunset Terrace distressed public housing development;
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 Mayor is authorized to (i) apply for funds and prepare a U.S. HUD CNI
grant application for up to $30 million for the Sunset Area Transformation Plan in cooperation
with the King County Housing Authority and the Renton Housing Authority; (ii) sign all
certifications and provide all information required by HUD for the CNI application for the Sunset
Area Transformation Plan; and (iii) sign the Memorandum of Understanding among the City,
AGENDA ITEM #6. d)
RESOLUTION NO. ________
4
Renton Housing Authority, and King County Housing Authority for the CNI grant for the Sunset
Area Transformation Plan in substantially the same form as attached. The Mayor is further
authorized for the City to be a Co‐Applicant and the Neighborhood Lead for the CNI application
with the Renton Housing Authority as a Co‐Applicant and the King County Housing Authority as
the Lead Applicant and the Housing Implementation Entity, a role to be fulfilled in conjunction
with the Renton Housing Authority if the CNI funds are awarded.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1708:6/2/16:scr
AGENDA ITEM #6. d)
RESOLUTION NO. ________
5
Memorandum of Understanding
Among
City of Renton, Housing Authority of the County of King
and Housing Authority of the City of Renton
Choice Neighborhoods Implementation Grant
for Sunset Area Transformation Plan
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made this ___ day of
June, 2016 by and among the City of Renton, a municipal corporation of the State of Washington
(“City”), the Housing Authority of the County of King (“KCHA”), a municipal corporation, and
the Housing Authority of the City of Renton, a municipal corporation (“RHA”) (individually a
“Party” and collectively, the “Parties”).
WHEREAS, the United States Department of Housing and Urban Development
(“HUD”) has established the Choice Neighborhoods Implementation (“CNI”) grant program to
support locally driven solutions for transforming distressed neighborhoods using place-based
strategies to address the interconnected challenges of poor quality housing, inadequate schools,
poor health, high crime and lack of capital.
WHEREAS, the Parties desire to revitalize the Sunset Area neighborhood, a severely
distressed community in northeast Renton and pledge to work together to the benefit of the
Sunset Area residents, the community and the City, and these revitalization efforts have been
detailed in the Sunset Area Transformation Plan (the “Plan”).
WHEREAS, the Parties intend to submit an application (the “Application”) to HUD for a
CNI Grant (the “Grant”) in accordance with FY2016 Choice Neighborhoods program. KCHA
will be the Lead Applicant and Housing Implementation Entity, the City will be the
Neighborhood Entity and a Co-Applicant and RHA will be a Co-Applicant and all three of the
Parties, in accordance with CNI requirements, will be jointly responsible for performance of the
Grant.
WHEREAS, at the time of the Grant award, HUD will execute a CNI Grant agreement
(the “CNI Grant Agreement”) with the Parties and this MOU and any further clarifications by the
Parties and/or HUD will be incorporated into the CNI Grant Agreement with HUD in a manner
acceptable to all Parties.
NOW, THEREFORE, in consideration of the foregoing recitals and underlying
promises, which the Parties agree to be good and valuable consideration, and in compliance with
the requirements of the FY2016 Notice Of Funding Availability for the CNI Grant (the
“NOFA”), the Parties hereby agree as follows:
A. Commitments of the Parties
AGENDA ITEM #6. d)
RESOLUTION NO. ________
6
1) The Parties each acknowledge and certify that it:
a) has reviewed the NOFA;
b) is fully committed to the goals and requirements of the NOFA, the Application,
the requirements of the Grant, and this MOU; and
c) will take all actions necessary to effectuate the requirements of the Grant, if
awarded, in accordance with HUD requirements.
2) Commitment to Work Collaboratively. The Parties acknowledge and certify as to
their commitment to work collaboratively throughout the entirety of the Grant period and to
work cooperatively toward the successful achievement of the Grant's goals and objectives.
3) Incorporation of NOFA and Grant Agreement Requirements. The Parties intend
that this MOU shall conform to and satisfy all requirements of the NOFA. In the event of any
inconsistency between any NOFA requirement and the provisions of this MOU, this MOU shall
be construed to incorporate a provision satisfying such NOFA requirement(s). In addition, the
Parties agree to amend this MOU to comply with the provisions of the HUD Grant Agreement, if
necessary, should a Grant be awarded.
B. Responsibilities of the Parties
1) Lead Applicant.
As Lead Applicant, KCHA shall be the primary entity responsible for
implementing all activities in the Plan and shall oversee and coordinate the work
of the City and RHA, and in conjunction with the City and RHA, oversee and
coordinate the work of other entities engaged to implement the Plan.
KCHA shall oversee the hiring of a project implementation team to ensure that all
activities are implemented consistent with HUD’s NOFA and regulations. KCHA
shall work with the City and RHA to secure HUD approval for all Project phases
and to submit all required reports to HUD within the timeframes laid out in the
Grant Agreement.
KCHA shall organize and lead regular team meetings with all principal team
members throughout the Grant period to ensure all aspects of the Plan are
implemented successfully and in accordance with the implementation schedule.
KCHA shall administer the CNI exterior home improvement and weatherization
assistance program to homeowners and rental property owners in the target
neighborhood.
KCHA will oversee the design and administration of a reporting and evaluation
system to provide all Grant reports in accordance with HUD policies and
AGENDA ITEM #6. d)
RESOLUTION NO. ________
7
regulations and to assure that Grant goals and objectives are either fully met, or
adapted, as needed to improve service levels and resident outcomes. KCHA will
oversee the completion of a mid-Grant and final Grant evaluation.
2) Housing Implementation Entity.
As Housing Implementation Entity, KCHA is responsible for the successful
implementation of the Housing component of the Plan, including overseeing the
development activities.
KCHA shall assume financial responsibility for the development of the Housing
phases by ensuring that all financing is secured and by offering completion and
long-term operating guarantees as requested by project investors.
KCHA shall assist and mentor RHA in building RHA’s internal housing finance
and development capacity.
KCHA shall issue the tax-exempt bonds necessary to finance the housing
developments included in the Plan and shall work with RHA to secure allocations
of Low-Income Housing Tax Credits and any other financing needed.
KCHA shall provide asset management for the housing projects and assist RHA
in developing its own asset management capacity. KCHA shall ensure that
appropriate property management services are provided for each property.
KCHA shall provide 12 Section 8 project-based vouchers to be used for Sunset
Terrace replacement units. These units shall be located in projects located within
25 miles of the Sunset Terrace site in neighborhoods that offer access to economic
opportunities and public transportation and be accessible to social, recreational,
educational, commercial, health facilities and services, and other municipal
services and facilities that are comparable to those that will be provided in the
target neighborhood. The units shall not be located in projects that are in areas of
minority concentration, as defined by HUD, nor in areas with a poverty rate above
40 percent.
3) Neighborhood Implementation Entity.
As Neighborhood Implementation Entity, City is responsible for coordinating,
overseeing and implementing the Neighborhood Strategy and, in particular, the
Critical Community Improvements (“CCI”) included in the Plan. The CCI include
the development of Sunset Neighborhood Park, street and pedestrian
improvements, installation of public art, rehabilitation of the former public library
into the new community service center, coordination of a homeownership
development program and façade improvements for the World War II era
duplexes in the neighborhood. City shall be responsible for securing the necessary
funds to carry out the Neighborhood Strategy and CCI and ensuring their
successful completion in accordance with HUD policies and regulations.
AGENDA ITEM #6. d)
RESOLUTION NO. ________
8
City shall provide regular reports to KCHA on status of completion of the CCI
and the achievement of measurable objectives included in the Grant. City shall
provide KCHA with documentation of the costs incurred and funds leveraged
from these activities.
4) RHA Responsibilities.
As Co-Applicant, RHA shall assist KCHA in financing and developing the
housing developments included in the Plan. RHA shall provide or oversee
property management services to the housing developments and assist KCHA in
the asset management activities.
RHA shall contribute $8,260,000 in funding towards the developments in the
Housing Strategy and $1,728,955 in funding the Neighborhood Strategy. RHA
shall provide project-based Section 8 assistance for 21 of the housing units and
work with HUD to activate 45 units of public housing operating assistance for the
replacement units in the Housing Strategy.
RHA shall oversee the day to day activities to design and renovate the former
public library into the new community service center.
RHA shall collaborate with the Homestead Community Land Trust to oversee the
day to day activities of the affordable homeownership development program.
RHA shall provide KCHA with the tenant data needed to report to HUD on the
achievement of measurable objectives included in the Grant. RHA shall provide
KCHA with documentation of funds it leverages in completing the Grant
activities.
RHA shall provide office space and administrative support to any KCHA staff
hired to implement Grant.
RHA shall expand its organizational knowledge and capacity in the areas of
affordable housing finance, development and asset management.
C. Duration of this MOU. This MOU shall commence on June 24, 2016 (the “Effective
Date”) and shall continue until the end date of the Grant as provided in the Grant Agreement. It
is understood and acknowledged by the Parties that the services described above are expected to
be completed within this time period, provided, however, in the event the Parties are not selected
for a CNI Grant for funding year FY2016, then any Party may terminate its involvement in this
MOU by written notice and the entire MOU shall thereafter terminate. Additionally, the Parties
may renew or otherwise extend this MOU in accordance with applicable law at any time.
D. Termination of MOU and Survival. The Parties shall each have the right to terminate
this MOU for cause, effective within thirty (30) days after the receipt of written notice by the
Party of its intent to terminate and the reasons therefore. A Party shall have the opportunity to
respond to the written notice within five (5) business days after the receipt of said notice. A
AGENDA ITEM #6. d)
RESOLUTION NO. ________
9
Party shall have the opportunity to cure any breach of this MOU or other cause forming the basis
of the termination, as provided in the written notice, within fifteen (15) business days after
receipt of the written notice, or as otherwise agreed to by the Parties. All representations and
warranties and all responsibilities regarding record retention, access and ownership, cooperation
with OIG investigations, indemnification and payment for services rendered shall survive the
termination of this MOU and continue in full force and effect.
E. Liability Among the Parties. Unless expressly provided to the contrary, no Party assumes
liability for the acts or omissions of the other Parties or their agents and nothing in this MOU
shall be construed to extend the immunities of one Party and its agents to any other Party(ies) or
its agents. All Parties shall retain all immunities, defenses, rights and remedies available at law
and in equity.
F. Compliance with Law. The Parties shall each comply with all federal, state, and local
laws regarding discrimination and shall prohibit unlawful discrimination on the basis of race,
creed, color, gender, gender identity or expression, sexual orientation, national origin, disability,
age, political affiliation, marital status, source of income, and religion.
G. General Provisions
1) Assignment. This MOU is personal to each of the Parties hereto, and may not be
assigned without the prior written approval of the other Parties hereto.
2) Governing Law. This MOU shall be construed and enforced in accordance with
the laws of the State of Washington, without regard to conflicts of law provisions.
3) Notice. Any communication or request required or permitted hereunder shall be
in writing and delivered in person or by certified mail, return receipt requested, as follows:
If to the City: C.E. “Chip” Vincent, Administrator
Department of Community & Economic Development
City of Renton
1055 South Grady Way, 6th Floor
Renton, WA 98057-3232
If to the KCHA: Stephen Norman, Executive Director
King County Housing Authority
600 Andover Park W
Seattle, WA 98188
If to the RHA: Mark Gropper, Executive Director
Renton Housing Authority
2900 NE 10th Street
Renton, WA 98056
AGENDA ITEM #6. d)
RESOLUTION NO. ________
10
Notices shall be effective when received by each of the above-referenced individuals at
the addresses specified above. Each Party shall be responsible for notifying the other in
writing that references this MOU of any changes in the respective addresses set forth
above. Nothing contained in this Article shall be construed to restrict the transmission of
routine communications between and among representatives of the Parties.
4) Entire Agreement; Amendment; Counterparts. This MOU sets forth the entire
agreement between the Parties relative to the subject matter hereof. No representation,
promise or condition, whether oral or written, not incorporated herein shall be binding upon
any Party to this MOU. No waiver, modification or amendment of the terms of this MOU
shall be effective unless made in writing and signed by an authorized representative(s) of
the Party sought to be bound thereby. This MOU may be signed in counterpart.
5) No Third Party Beneficiaries. This MOU is entered into for the exclusive benefit
of the Parties, and the Parties expressly disclaim any intent to benefit anyone not a party
hereto.
6) Time is of the Essence. The Parties each acknowledge and agree that time is of
the essence in the performance of this MOU.
AGENDA ITEM #6. d)
RESOLUTION NO. ________
11
IN WITNESS WHEREOF, the Parties have duly executed this MOU on or as of the date first
written above.
KING COUNTY HOUSING AUTHORITY
____________________________
Stephen Norman, Executive Director
RENTON HOUSING AUTHORITY
____________________________
Mark Gropper, Executive Director
CITY OF RENTON
____________________________
Denis Law, Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________
City Attorney Jason Seth, City Clerk
AGENDA ITEM #6. d)
AB - 1686
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Sprint Communications Company L.P. Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Amanda Askren, Property & Technical Services Manager
EXT.: 7369
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Sprint Communications Company L.P. is the third-largest long distance telephone company in the United
States and the principal subsidiary of the Sprint Corporation and headquartered in Overland Park, Kansas.
Sprint Communications Company L.P. has requested a franchise agreement with the City of Renton in order to
provide broadband internet and telephone services. A separate franchise would be pursued if Sprint
Communications Company L.P. seeks to provide cable services in the future. The franchise being sou ght with
the City of Renton would allow for the installation of communication facilities, specifically fiber optic cable and
related appurtenances, under, along, over, below and through, and across public rights -of-way within the City.
The use of the City rights-of-way for this private telecommunications system requires a franchise agreement
with the City and is subject to appropriate fees for the reduced value of the affected rights -of way.
The franchise agreement permits Sprint Communications Company L.P. to construct, install, and operate
communications equipment, specifically fiber optic cable and related appurtenances within and through
public rights-of way, public ways, and other ways within the City of Renton.
The length of term agreed to by the City and Sprint Communications Company L.P. for the proposed franchise
agreement would be effective for a period of ten (10) years. A possible 5-year renewal is allowed for, via the
franchise, at the City’s discretion. The agreement is formatted to group similar items together:
Sections 1-8 cover the basic franchise approval.
Sections 9-14 cover general work activities.
Sections 15-24 cover basic legal concerns.
Sections 25-27 provide for final franchise adoption.
EXHIBITS:
A. Issue Paper
B. Draft Ordinance
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into a franchise agreement with Sprint Communications Company
L.P. as a purveyor of broadband telecommunication services within the City of Renton.
AGENDA ITEM #6. e)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 13, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C.E. “Chip” Vincent, CED Administrator, x6588
STAFF CONTACT:Amanda Askren, Property & Technical Services Manager, x7369
SUBJECT:Sprint Communications Company L.P. Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with Sprint Communications Company L.P.?
RECOMMENDATION:
Staff recommends that Council should authorize the Mayor and City Clerk to enter into a
franchise agreement with Sprint Communications Company L.P. as a purveyor of
broadband telecommunication services within the City of Renton.
BACKGROUND SUMMARY:
Sprint Communications Company L.P. is the third-largest long distance telephone
company in the United States and the principal subsidiary of the Sprint Corporation and
headquartered in Overland Park, Kansas. Sprint Communications Company L.P. has
requested a franchise agreement with the City of Renton in order to provide broadband
internet and telephone services. A separate franchise would be pursued if Sprint
Communications Company L.P. seeks to provide cable services in the future. The
franchise being sought with the City of Renton would allow for the installation of
communication facilities, specifically fiber optic cable and related appurtenances, under,
along, over, below and through, and across public rights-of-way within the City. The use
of the City rights-of-way for this private telecommunications system requires a franchise
agreement with the City and is subject to appropriate fees for the reduced value of the
affected rights-of way.
The franchise agreement permits Sprint Communications Company L.P. to construct,
install, and operate communications equipment, specifically fiber optic cable and
related appurtenances within and through public rights-of way, public ways, and other
ways within the City of Renton.
AGENDA ITEM #6. e)
Randy Corman, Council President
Page 2 of 3
June 13, 2016
The length of term agreed to by the City and Sprint Communications Company L.P. for
the proposed franchise agreement would be effective for a period of ten (10) years. A
possible 5-year renewal is allowed for, via the franchise, at the City’s discretion.
The agreement is formatted to group similar items together Sections 1-8 cover the basic
franchise approval. Sections 9-14 cover general work activities. Sections 15-24 cover
basic legal concerns. Sections 25-27 provide for final franchise adoption.
OUTLINE FOR SPRINT COMMUNICATIONS COMPANY L.P. FRANCHISE AGREEMENT
1.Definitions: Provides definitions of key terms used in the agreement.
2.Purpose: Explains purpose of the cooperative agreement.
3.Privileges Conveyed: Grants basic franchise rights to Sprint Communications
Company L.P. for a limited, non-exclusive franchise.
4.Term: Defines length of agreement, and option to extend.
5.Recovery of Costs: Allows City to charge an administrative fee to recover costs.
6.Assignment and Transfer of Franchise: Requires Council approval for transfer.
7.Compliance with Laws – Reservation of Powers and Authority: Explains legal
obligations for Sprint Communications Company L.P.
8.Non-exclusive Franchise: Allows Renton to grant other or further franchises.
9.Permits, Construction and Restoration: Outlines permitting, bonds, restoration
and other construction requirements.
10.Coordination and Shared Excavations: Requires reasonable efforts to coordinate
work within the franchise area.
11.Hazardous Materials: Regulates use of hazardous substances.
12.Emergency Work – Permit Waiver: Requires prompt response in an emergency
and defers permits to correct dangerous conditions.
13.Records of Installation: Requires as-built drawings and provision of plans for
potential improvements upon City request.
14.Undergrounding of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
15.Relocation of Franchisee Facilities: Sprint Communications Company L.P. is
required to relocate its facilities at its cost when there are identified conflicts
with new City streets or utilities.
16.Abandonment and Discontinuance of Franchisee’s Facilities: Requires notice to
the City when use ceases or facilities are abandoned.
17.Termination, Violations and Remedies: Describes termination of franchise,
discontinuation of operations, obligation of Franchisee, and remedies to parties.
18.Dispute Resolution: Provides process for alleged default as to performance
19.Arbitration: Establishes process for arbitration, discovery, compensatory
damages, and assignment of costs.
20.Alternative Remedies: Allows for judicial relief.
AGENDA ITEM #6. e)
Randy Corman, Council President
Page 3 of 3
June 13, 2016
21.Amendments to Franchise: Specifies process for written amendment to
franchise.
22.Indemnification: Franchisee shall indemnify, defend, and hold harmless Renton
for the duration of the Franchise.
23.Insurance: Requires the Franchisee to procure and maintain insurance for the
duration of the Franchise.
24.Discrimination Prohibited: Provides standard language now included on all
franchise agreements.
25.Notice: Outlines noticing procedures and contact information.
26.Miscellaneous: Minor clarifications, including stating the franchise requirements
apply to Sprint Communications Company L.P., its successors and contractors.
27.Effective Date: Franchise becomes effective five days after legal publication.
Sprint Communications Company L.P. must file its written acceptance of this franchise
with the City Clerk within 60 days after approval by the mayor in order to claim any right
or benefit under this franchise agreement.
cc:Mark Peterson, Fire Chief & Fire and Emergency Services Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Lys Hornsby, Utility Systems Director
Brianne Bannwarth, Development Engineering Manager
Pat Miller, Construction Inspector Supervisor
Holly Powers, Development Services Representative
AGENDA ITEM #6. e)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
SPRINT COMMUNICATIONS COMPANY L.P. AUTHORIZED TO DO BUSINESS
WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND MASTER PERMIT TO INSTALL
COMMUNICATIONS FACILITIES UNDER, ALONG, OVER, BELOW AND THROUGH
AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON
WITHIN THE PUBLIC RIGHT‐OF‐WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Definitions
For the purposes of this Franchise and any attachments, the following defined terms,
phrases, words and their derivations shall have the meaning provided below. When not
inconsistent with the context in which the word is used, words used in the present tense
include the future, words in the plural include the singular, words in lower case shall have their
defined meaning even if the words are not capitalized, and words in the singular include the
plural. Undefined words shall be given their common and ordinary meaning.
1.1 Administrator: Means the Administrator of Renton’s Community and Economic
Development Department or designee, or any successor office responsible for management of
Renton’s public properties.
1.2 Construct or Construction: Means to remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair, and restore existing pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but limited to attorneys’ fees.
AGENDA ITEM #6. e)
ORDINANCE NO. ________
2
1.4 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located over or under ground.
1.5 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.6 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways laid out, platted, dedicated,
acquired or improved, and; all city‐owned utility easements dedicated for the placement and
location of various utilities provided such easement would permit Franchisee to fully exercise
the privilege granted under this Franchise within the area covered by the easement, without
interfering with any governmental functions or other franchises or easements.
1.7 Franchisee: Means Sprint Communications Company L.P., authorized to do
business within the State of Washington, and its respective successors and assigns, and when
appropriate agents, contractors (of any tier), employees, officers and representatives.
1.8 Hazardous Substance: Means any hazardous, toxic, or dangerous substance,
material, waste, pollutant, or contaminant, including all substances designated under the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
AGENDA ITEM #6. e)
ORDINANCE NO. ________
3
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended (“Environmental Law”); or any other Laws. The term “Hazardous Substance”
shall also be interpreted to include any substance which, after release into the environment,
will or may reasonably be anticipated to cause death, disease, injury, illness, abnormalities,
behavioral abnormalities, stunted or abnormal growth or development, or genetic
abnormalities.
1.9 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, guideline, permit, procedure, regulation, regulatory
program, order, rule, specification, standard, Environmental Law, or governmental authority,
that relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480‐80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service –
Use of Right‐of Way), WAC Chapter 296‐32 (Safety Standards for Telecommunications), RCW
Chapter 80.36 (Telecommunications), WAC Chapter 480‐120, et. seq., (Telephone Companies),
RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and
any related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.10 Parties: Means the City of Renton and Sprint Communications Company L.P.
1.11 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
AGENDA ITEM #6. e)
ORDINANCE NO. ________
4
1.12 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor
vehicles or any other uses under Renton’s control and/or in its jurisdictional boundaries,
consistent with RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements
— Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.13 Rights‐of‐Way: Means the surface and the space above and below streets,
roadways, highways, avenues, courts, thoroughfares, lanes, alleys, sidewalks, easements, and
similar Public Property, Public Ways, and areas located within the Franchise Area.
1.14 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such
similar definition describing rate schedules, rules and regulations relating to charges and service
as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
1.15 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.16 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II. Purpose
AGENDA ITEM #6. e)
ORDINANCE NO. ________
5
2.1 Conditions: The purpose of this Franchise is to delineate the conditions relating
to Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this Ordinance becomes effective. This
Franchise is granted subject to Renton’s land use authority, public highway authority, police
powers, and franchise authority, and is conditioned upon the terms and conditions provided in
this Franchise, and Franchisee’s compliance with all Laws.
2.2 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton, except as set
forth herein. This Franchise is granted upon the express condition that Renton retains the
absolute authority to grant other or further franchises in, under, on, across, over, through,
along or below any Franchise Area. This and other franchises shall, in no way, prevent or
prohibit Renton from using any of its Franchise Area, or affect its jurisdiction over them or any
part of them, and Renton retains absolute authority to make all changes, relocations, repairs,
maintenance, establishments, improvements, dedications or vacations of same as Renton may
see fit, including the dedication, establishment, maintenance and improvement of all new or
existing Rights‐of‐Way, Public Property or Public Ways.
SECTION III. Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c),
RMC Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
AGENDA ITEM #6. e)
ORDINANCE NO. ________
6
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right‐of way), and 80.36.040 (Use of
road, street, and railroad right‐of way – When consent of city necessary), and any related laws,
Renton grants to Franchisee, a Delaware limited partnership, and its successors and assigns
(subject to and as provided for in Section VI, Assignment and Transfer of Franchise), under this
Franchise’s terms and conditions, the privilege to install, construct, operate, maintain and
improve its Facilities, together with all necessary equipment and appurtenances, for the
provision of telecommunications, private line, and Internet access services , within the existing
Franchise Area, such lands being more particularly described in Attachment 1 which is attached
and fully incorporated by reference into the Franchise.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the
Franchise Area. This privilege shall not limit Renton’s police powers, any statutory or inherent
authority, jurisdiction over its property, Franchise Area, Rights‐of‐Way, or its zoning or land use
authority. The terms and conditions of this Franchise shall not be construed to apply to
Facilities located outside of the Franchise Area. This Franchise shall not convey to Franchisee
any privilege to install Facilities on or to otherwise use city‐owned or leased properties or
easements outside the Franchise Area.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than the provision of telecommunications, private line, and
internet access services. Franchisee may, infrequently, make or allow incidental use of excess
capacity of Facilities within the Franchise Area for other purposes.
AGENDA ITEM #6. e)
ORDINANCE NO. ________
7
3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Separate Approval Needed For New Telecommunications Lines: The limited
privileges granted under this Franchise shall not convey any privilege to Franchisee to install
any new telecommunications lines or Facilities without Renton’s express prior written consent.
3.6 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
believes that the same are consistent with all Laws. If in the future Franchisee becomes aware
that a provision of this Franchise may be unlawful or invalid, it will not use such potential
invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise
Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30)
calendar days and endeavor jointly to amend this Franchise to cure the invalidity or illegality.
3.7 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
3.8 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
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places within Renton (but which are not a part of the Franchise Area as defined by this
Franchise) may be maintained, repaired and operated by Franchisee at the location where such
Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided,
however, that no such Facilities may be enlarged, improved or expanded without Renton’s prior
review and approval pursuant to the provisions of any applicable Laws.
3.9 Third Parties: Nothing in this Franchise shall be construed to create or confer any
privilege or remedy upon any person(s) other than Renton and Franchisee. No action may be
commenced or prosecuted against any Party by any third party claiming as a third party
beneficiary of this Franchise. This Franchise shall not release or discharge any obligation or
liability of any third party to either Party.
SECTION IV. Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and shall remain in
effect for ten (10) years, unless it is terminated pursuant to Section XIII, Termination, Violations,
and Remedies. At any time not more than two (2) years nor less than one hundred and eighty
(180) calendar days before the expiration of the Franchise Term, Franchisee may make a
written request and Renton may consider, at its sole discretion, renewing this Franchise for an
additional five (5) year renewal period, unless either party expresses its intention in writing to
terminate this Franchise at the conclusion of the ten (10) year term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year‐to‐year basis until the Franchise is renewed, terminated or extended.
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SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed statement pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for reasonable attorneys, consultants, staff and
the City Attorney Department, for review or inspection of activities undertaken through the
authority granted in this franchise, Franchisee shall pay such expenses directly to Renton.
Renton shall provide Franchisee with an itemized invoice identifying the administrative
expenses incurred. Renton employee time shall be calculated based on their rate of salary,
including applicable overtime, benefits and reasonable overhead, and all other costs will be bill
based on an actual cost basis.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
5.3 Franchise Fee: Pursuant to RCW 35.21.860(1)(d) (Electricity, telephone, or
natural gas business, service provider — Franchise fees prohibited — Exceptions), Renton may
only impose a franchise fee or any other Cost of whatever nature or description upon
Franchisee as is consistent with federal law.
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5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this
Ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under Laws.
5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
Costs incurred by Renton while responding to any emergency involving the Franchise.
5.7 Reimbursement Period: Franchisee shall reimburse Renton within Forty‐five (45)
calendar days of Renton’s submittal of an itemized billing for reasonably incurred Costs,
itemized by project, for Franchisee’s proportionate share of all actual, identified expenses
incurred by Renton in planning, constructing, installing, repairing, altering, or maintaining any
city facility due to the presence in the Public Way of Franchisee’s Facilities.
SECTION VI. Assignment and Transfer of Franchise
6.1 City Council Approval Required: Franchisee may not sell, assign, transfer, lease or
dispose of this Franchise, either in whole or in part, and Franchisee may not pass title or permit
it to vest, either legally or equitably, in any person or entity without the passage of an
ordinance or resolution, provided that Franchisee may assign this Franchise to a parent or
affiliate upon prior written notice to City. Such consent shall not be deemed to waive any of
Renton’s rights to subsequently enforce Franchise related non‐compliance issues that existed at
or before Renton’s consent. For the purposes of this section, a merger or corporate
reorganization of any entity controlling, controlled by or under common control with
Franchisee shall not be deemed a transfer or assignment.
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6.2 Acceptance: If Renton consents, within thirty (30) calendar days of that consent,
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all
of its terms and conditions.
SECTION VII. Compliance with Laws ‐ Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
7.2. Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this franchise agreement, unless the language of this agreement requires a
different act or omission.
7.3. Reference to Specific Law or Order: Upon written inquiry by either Party, the
other Party shall provide a specific reference to the federal, state, or local law or the WUTC
order or action establishing a basis for such Party’s actions related to a specific Franchise issue.
SECTION VIII. Non‐exclusive Franchise
8.1 Non‐exclusive: As provided in subsection 3.4, this Franchise is non‐exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities across, along, below, in, over, through, or under, the
Franchise Area.
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8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX. Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with the City’s
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably
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withheld, conditioned or delayed after submission of a complete application. Franchisee shall
further inform Renton of any time or date that Franchisee is performing Work within the
Franchise Area to allow Renton to inspect such work. Undergrounding Work within City streets
shall be accomplished through boring rather than open trenching whenever reasonably
feasible.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
City streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.4 Damage Repair: If Renton utilities are damaged by boring or trenching
Franchisee crews will promptly notify the appropriate Renton staff. Franchisee will be
responsible for excavating and shoring for the repair, and providing appropriate traffic control
measures. Renton maintenance staff will provide the appropriate repair couplings and piping
and perform the repair work. After the repair is complete Franchisee crews will back fill and
restore the surface. Franchisee shall reimburse Renton for all expenses incurred by Renton that
are directly related to the repair of any lines damaged by the boring activity.
9.5 Facility Placement: The parties intend that the specific location of Facilities
within the Franchise Area (and similar facility‐related matters of a specific nature requiring
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detailed case‐by‐case analysis) is to be determined in accordance with applicable Laws
(including, without limitation, rights of appeal).
9.6 Lateral Support: Whenever Work on Facilities within the Franchise Area have
caused or contribute to a condition that appears to substantially impair or substantially impairs
the lateral support of the Franchise Area, Renton may direct Franchisee, at Franchisee’s sole
expense, to take such actions as are reasonably necessary within the Franchise Area to repair
and/or not impair the lateral support. In the event that Franchisee fails or refuses to take
prompt action, or if an emergency situation requires immediate action, Renton may enter the
Franchise Area and take any action necessary to protect the public, any Public Way, Public
Property, and Right‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and
expenses resulting from that necessary action. This provision shall survive the expiration,
revocation or termination of this Franchise.
9.7 Limits on Construction: No park, public square, golf course, street Rights‐of‐Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.8 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty‐five
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thousand dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond
shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions
and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any
defective work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.9 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
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endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.10 Material and Installation Methods: As a condition of receiving the privilege to
work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.11 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Washington State Department of
Transportation, at its own cost and expense. Franchisee shall, upon discovery of any such
damage, immediately notify Renton. Renton will inspect the damage, and set a time limit for
completion of the repair, such time limit to be no less than thirty (30) days from Franchisee’s
receipt of written notice. If Renton discovers damage caused by Franchisee to the Franchise
Area, Renton will give Franchisee written notice of the damage and set a reasonable time limit
of no less than thirty (30) days following Franchisee’s receipt of written notice in which
Franchisee must repair the damage. In the event Franchisee does not make the repair as
required in this section, Renton may repair the damage, to its satisfaction, at Franchisee’s sole
expense. Franchisee will reimburse Renton within thirty (30) days following receipt of written
notice together with reasonable supporting documentation evidencing such expense.
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9.12 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122, Underground Utilities, or
an approved equivalent, and shall comply with all applicable Laws.
9.13 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work
to the condition existing immediately prior to such Work. All restoration of Rights‐of‐Way,
sidewalks and other improvements or amenities shall conform to the City of Renton Standard
Specifications for Road, Bridge and Municipal Construction and the City of Renton’s Trench
Restoration Standards in effect at that time, and be warranted for at least two (2) years.
Restoration shall include all landscaping, irrigation systems and trees. Renton shall have final
approval of the condition of the Franchise Area after restoration pursuant to applicable Laws,
as they exist or may be amended or superseded, provided that such provisions are not in
conflict or inconsistent with the express terms and conditions of this Franchise.
9.14 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120, (Survey Monuments – Removal or
Destruction), and other applicable Laws.
9.15 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
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calendar days of Franchisee’s receipt of that notice, Renton, or its authorized agent, may
restore the Franchise Area at Franchisee’s sole and complete expense. Franchisee will
reimburse Renton within thirty (30) days following receipt of written notice together with
reasonable supporting documentation evidencing such expense. The privilege granted under
this section shall be in addition to others provided by this Franchise.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs
caused by any construction delays to Renton or to any contractor working for Renton due to
Franchisee’s failure to submit and adhere to Franchisee’s plans and schedule in relocating or
installing Franchisee facilities shall be the sole responsibility of Franchisee, provided, however,
Franchisee shall not be responsible for such costs to the extent such construction delays are
due to circumstances beyond the reasonable control of Franchisee. Franchisee shall, at
Renton’s request, also attend construction meetings pertaining to performance of work within
the Franchise Area and shall designate a contact person to attend such meetings.
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10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: (a) such joint use shall not unreasonably delay the work of the party causing the
excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and
conditions satisfactory to both Parties.
10.3 Joint Use Policies: Renton may, during the Franchise Term, adopt policies with
respect to the Franchise Area which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of utility
facilities within the Franchise Area that are consistent with applicable Laws and prudent utility
practices.
SECTION XI. Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied
in accordance with such procedure. Franchisee shall notify Renton of any accident by
Franchisee involving Franchisee’s use of Hazardous Substances within the Franchise Area.
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11.2 Release of Hazardous Substance: Upon notice or discovery of a significant
release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee
to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall
notify Renton within twenty‐four (24) hours of discovery. If the encountered or suspected
Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at
its own expense, determine if the material is hazardous, in accordance with applicable Laws. If
the material is found to be hazardous, Renton shall, at its own expense, if possible remove,
dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with
applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance to replace the removed substance for Franchisee to use in its
operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected Hazardous Substances
within the Franchise Area are the result of Franchisee’s acts or omissions, Renton’s
characterization of the substances involved and any removal, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
be at Franchisee’s sole expense. Franchisee shall be solely responsible for any expense or cost
related to environmental mitigation requirements imposed, by operation of applicable Laws or
otherwise.
SECTION XII. Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within
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the Franchise Area pose an immediate danger to the property, life, health or safety of any
individual, Franchisee shall, upon receipt of notification from Renton of the existence of such
condition, immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Fire Department through
the dispatch system of the emergency; and (2) Franchisee informs Renton’s permitting
authority of the nature, location, and extent of the emergency, and the work to be performed,
prior to commencing the work if such notification is practical, or where such prior notification is
not practical, Franchisee shall notify Renton’s permitting authority on the next business day;
and (3) such permit is obtained by Franchisee as soon as practicable following cessation of the
emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable law, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
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relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall such
plan be construed as a proposal to undertake any specific improvements within the Franchise
Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area by excavating (e.g., pot holing), if necessary, at no expense to Renton. In the
event Franchisee performs such excavation, Renton shall not require any restoration of the
disturbed area in excess of restoration to the same condition as existed immediately prior to
the excavation.
13.4 Disclosure to Third Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior approval of Franchisee, unless the Third‐Party
is an authorized governmental entity of any tier or a public records requestor.
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13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV. Undergrounding of Facilities
Consistent with RMC 4‐6‐090.C (Applicability), all new Facilities installed within the
Franchise Area during the Term of this Franchise shall be located underground, consistent with
the RMC, unless it is unfeasible in Renton’s estimation for it to be done; provided that
installation of wires, cables, conduits and similar equipment will be permitted and installed
pursuant to the provisions of any applicable Laws, and subject to and accordance with any
applicable Tariffs on file with the WUTC.
SECTION XV. Relocation of Franchisee’s Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities and
capital improvement projects, and should any conflict arise with Renton facilities, Franchisee
shall, at its own cost and expense, conform to the utilities and capital improvement projects of
Renton. Whenever Renton undertakes (or causes to be undertaken) any public works
improvement within the Franchise Area, and such public works improvement necessitates the
relocation of Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
A. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation; and
B. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
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15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee’s Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton. The relocation completion date will be
included in Renton’s written request for said relocation to Franchisee. Franchisee shall be solely
responsible for any associated cost caused by any construction delays to Renton’s project due
to Franchisee’s failure to comply with Franchisee’s plans and schedule in relocating or installing
Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any third‐party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
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time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any third party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Franchisee’s Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
determines and notifies Franchisee that the primary purpose of imposing such condition or
requirement upon such third party is to cause or facilitate the construction of a Public Works
Project to be undertaken within a segment of the Franchise Area on Renton’s behalf and
consistent with Renton’s Capital Investment Plan; Transportation Improvement Program; or the
Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in
reconnecting such relocated Facilities with Franchisee’s other Facilities shall be paid to
Franchisee by such third party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with Subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of
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Franchisee’s Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in
Subsection 15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all actions, claims, damages, liabilities, or suits for
delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner pursuant to the provisions of this Agreement,
though Franchisee shall not be liable for damages due to delays that were out of Franchisee’s
reasonable or expected control.
15.9 Forfeiture: If the Parties mutually agreed upon memoranda of understanding
provided for by this section are not in place within one hundred and eighty (180) calendar days
of effective date of this Ordinance then Renton may, at its option and by ordinance, declare this
Franchise forfeited.
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) calendar days after such abandonment or cessation
of use. Any plan for abandonment or removal of Franchisee’s Facilities within the Franchise
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Area must be first approved by the Administrator, and all necessary permits must be obtained
prior to such Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) calendar days after the abandonment or permanent
cessation of use, remove the Facilities at Franchisee’s sole expense. However, with Renton’s
express written consent, Franchisee may, at Franchisee’s sole cost and expense, secure the
Facilities in such a manner as to cause it to be as safe as is reasonably possible, by removing all
lines, conduits and appurtenances, in compliance with all Laws, and abandon them in place,
provided that any aboveground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
condition. Such restoration work shall be done at Franchisee’s sole cost and expense and to
Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities and/or
fails to restore the premises or take such other mutually agreed upon action, Renton may, after
reasonable notice to Franchisee, remove the Facilities, restore the premises or take such other
action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be liable for
any damages, losses or injuries. This remedy shall not be deemed to be exclusive and shall not
prevent Renton from seeking a judicial order directing Franchisee to remove its Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
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as adjudged in Renton’s sole discretion, that removal, alteration or re‐securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in
which case Franchisee shall perform such work its sole expense
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within sixty (60)
calendar days of Renton providing Franchisee with written notice specifying with reasonable
particularity the nature of any such alleged breach or failure, or, if not reasonably capable of
being cured within sixty (60) calendar days, within such other reasonable period of time as the
Parties may agree upon, Renton may terminate this Franchise.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee and an opportunity to
be heard, provided that if exigent circumstances necessitate immediate termination, the
hearing may be held as soon as possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
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circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any of the following
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remedies, alone or in combination, in the event Franchisee violates any material provision of
this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive;
the exercise of one remedy shall not prevent the exercise of another or any rights of Renton at
law or equity.
17.9 Renton Default; Remedies: If Renton materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, and fails to cure such
breach or failure within sixty (60) calendar days of Franchisee providing Renton with written
notice specifying with reasonable particularity the nature of any such alleged breach or failure,
or, if not reasonably capable of being cured within sixty (60) calendar days, within such other
reasonable period of time as the Parties may agree upon, Franchisee may pursue any remedies
available to it against Renton at law and in equity, including, but not limited to, the right to
terminate this Franchise. Either Party may request a meeting in accordance with Subsection
18.2.
SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise by Franchisee, Renton shall notify Franchisee in writing, stating with reasonable
specificity the nature of the alleged default. Within thirty (30) calendar days of its receipt of
such notice, Franchisee shall provide written response to Renton acknowledging receipt of such
notice and stating Franchisee’s response. Franchisee has sixty (60) calendar days (“cure
period”) from the date of the notice’s mailing to:
A. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with Subsection 18.2, or:
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B. Cure the alleged default, or;
C. Notify Renton if Franchisee cannot cure the alleged default within sixty (60)
calendar days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify Renton in
writing and in detail as to the actions that will be taken by Franchisee and the projected
completion date. In such case, Either Party may request a meeting in accordance with
Subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a meeting is requested, pursuant
to Subsections 17.9 or 18.1, Renton shall promptly schedule a meeting between the Parties to
discuss any alleged default. Renton shall notify Franchisee of the meeting in writing and the
meeting shall take place not less than ten (10) calendar days after Franchisee’s receipt of notice
of the meeting. Each Party shall appoint a representative who shall attend the meeting,
represent their party’s interests, and who shall exercise good faith to reach an agreement on
any alleged default and/or any corrective action to be taken. Any dispute (including any
dispute concerning the existence of or any corrective action to be taken to cure any alleged
default) that is not resolved within thirty (30) calendar days following the conclusion of the
meeting shall be referred by the Parties’ representatives in writing to the Parties’ senior
management for resolution. If senior management is unable to resolve the dispute within
thirty (30) calendar days of such referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through arbitration, or by filing a claim with a
court of competent jurisdiction. All negotiations pursuant to these procedures for the
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resolution of disputes shall be confidential and shall be treated as compromise and settlement
negotiations for purposes of the state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
Subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
A. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
B. Request arbitration, pursuant to Section XIX below; and/or;
C. By passage of City ordinance, declare an immediate forfeiture of this Franchise
for a breach or default of any material, non‐arbitration claims, obligations under this Franchise
and/or;
D. Take any action at law or in equity to which it is entitled under this Franchise or
any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX. Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
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19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost‐effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
limited to, labor of any contractors and/or subcontractors); all pre‐arbitration costs and
expenses of consultants, attorneys, accountants, professional and other services; and all taxes,
insurance, interest expenses, overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision.
The award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment
upon such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in Section 19.7 below, each Party shall pay
the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
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any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or
records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in Subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator’s decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing Subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such Party pursuant to this
Section XIX, then such Party shall be entitled to recover all reasonably incurred Costs, including
attorney fees, for any subsequent arbitration brought by them in which they are found to be
the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
19.9 Either party may apply to the arbitrator seeking injunctive relief, until the
arbitration award is rendered or the controversy is otherwise resolved.
19.10 Either party may also, without waiving any remedy under this Agreement, seek
from any court of competent jurisdiction, any interim or provisional relief that is necessary to
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protect the rights or property of the party, pending the arbitrator's final decision on the merits
of the controversy.
SECTION XX. Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee
to seek or obtain judicial relief from a violation of any Franchise provision or any rule,
regulation, requirement or directive. Neither the existence of other Franchise remedies nor the
use of such remedies shall bar or limit the right of Renton or Franchisee to recover monetary
damages for violations by the other Party, or to seek and obtain judicial enforcement of the
other Party’s obligations by means of specific performance, injunctive relief or mandate, or any
other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any
Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented
or otherwise amended by any permit, approval, license, agreement or other document required
by or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any
and all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
A. References this Franchise; and
B. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions of this
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Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise
and the provisions of any such permit, approval, license, agreement or other document, except
as expressly required by Laws and/or superseded by such permit, approval, license, agreement
or other document, the Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, not bring suit
against, and hold harmless Renton, from and against any and every third party action, claim,
cost, damage, death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to
persons or property, including reasonable attorneys’ and experts’ fees and/or costs incurred by
Renton in its defense, arising out of or related to, directly or indirectly, to Franchisee’s Work or
abandonment of Facilities, or from the existence of Franchisee’s Facilities, and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, including the reasonable costs of assessing such damages and any
liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any Laws, including, but not limited to, Environmental Laws, and any
action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to persons or
property which is caused by, in whole or in part, and only to the extent of, the willfully tortious
or negligent acts or omissions of Franchisee or its agents, contractors (of any tier), employees,
representatives or trainees related to Franchisee’s granted Franchise privileges. If any action or
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proceeding is brought against Renton by reason of Franchisee’s Facilities, Franchisee shall
defend Renton at Franchisee’s sole expense, provided that, for uninsured actions or
proceedings, defense attorneys shall be approved by Renton, which approval shall not be
unreasonably withheld. The terms of this section shall not require Franchisee to indemnify
Renton against and hold harmless Renton from claims, demands or suits based upon Renton’s
negligent or willful conduct, and provided further that if the claims or suits are caused by or
result from the concurrent negligence of (a) the Franchisee’s agents, officers, or employees and
(b) Renton, this provision with respect to claims or suits based upon such concurrent negligence
shall be valid and enforceable only to the extent of Franchisee’s negligence or the negligence of
Franchisee’s agents or employees except as limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, not bring
suit against, and save Renton harmless from and against any and every third party action, claim,
cost, damage, death, expense, harm, injury, liability, or loss, either at law or in equity, to
persons or property, including, but not limited to, costs and reasonable attorneys’ and experts’
fees incurred by Renton, arising directly or indirectly from: (a) Franchisee’s breach of any
Environmental Laws or Laws applicable to the Facilities, or (b) from any release of a Hazardous
Substance on or from the Facilities, or (c) other activity related to this Franchise by Franchisee.
This indemnity includes, but is not limited to, (a) liability for a governmental agency’s costs of
removal or remedial action for Hazardous Substances; (b) damages to natural resources caused
by Hazardous Substances, including the reasonable costs of assessing such damages; (c) liability
for any other person’s costs of responding to Hazardous Substances; (d) liability for any
investigation, abatement, correction, cleanup, costs, fines, penalties, or other damages arising
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under any Laws; and (e) liability for personal injury, property damage, or economic loss arising
under any statutory or common‐law theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees
and the employees of Franchisee's agents, representatives, contractors (of any tier) even
though Franchisee might be immune under RCW Title 51 from direct suit brought by such
employees. It is expressly agreed and understood that this assumption of potential liability for
actions brought by the aforementioned persons is limited solely to claims against Renton
arising by virtue of Franchisee’s exercise of the privileges set forth in this Franchise. The
obligations of Franchisee under this section have been mutually negotiated by the Parties, and
Franchisee acknowledges that Renton would not enter into this Franchise without Franchisee’s
waiver of immunity. To the extent required to provide this indemnification and this
indemnification only, Franchisee waives its immunity under Title 51 RCW as provided in RCW
4.24.115 (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc.).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability
for negligence relative to construction, alteration, improvement, etc.), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
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officials, officers, officials, employees, and volunteers, and or the contractor, the Party’s liability
shall be only to the extent of the Party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly notify Franchisee
and Franchisee shall have the privilege, at its election and at its sole costs and expense, to settle
and compromise such matter as it pertains to Franchisee’s responsibility to indemnify, defend
and hold harmless Renton. In the event any suit or action is started against Renton based upon
any such matter, Renton shall likewise promptly notify Franchisee, and Franchisee shall have
the privilege, at its election and at its sole cost and expense, to settle and compromise such suit
or action, or defend the same at its sole cost and expense, by attorneys of its own election, as it
pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” as referenced in Subsection 22.2 and Renton is determined to be without fault for the
claim or demand giving rise to such "suit or action,” Franchisee shall reimburse Renton for a
percentage of Renton’s total defense costs. The percentage of Renton’s total defense costs to
be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to
Franchisee for the claim or demand giving rise to such “suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in
Subsection 25.2 occurred during the Franchise Term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
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SECTION XXIII. Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of
the Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an endorsement on the general
and automotive liability policies, naming Renton as an additional insured upon Franchisee’s
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages:
A. Commercial general liability insurance including but not limited to, blanket
contractual, property damage, operations, explosions and collapse hazard, underground hazard
(XCD) and products completed hazard, with limits not less than five million dollars ($5,000,000)
for each occurrence and with limits not less than five million dollars ($5,000,000) in the
aggregate for bodily injury or death to each person, property damage, or any other type of loss.
The coverage amounts set forth above may be met by a combination of underlying and umbrella policies
so long as in combination the limits equal or exceed those stated.
B. Automobile liability for owned, non‐owned and hired vehicles with a limit of
three million dollars ($3,000,000) for each person and three million dollars ($3,000,000) for
each accident; The coverage amounts set forth above may be met by a combination of underlying and
umbrella policies so long as in combination the limits equal or exceed those stated.
C. Worker’s compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington.
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23.2 Claims Made Basis: If coverage is purchased on a “claims made” basis, then
Franchisee warrants continuation of coverage, either through policy renewals or the purchase
of an extended discovery period, if such extended coverage is available, for not less than three
(3) years from the date of termination of this Franchise and/or conversion from a “claims
made” form to an “occurrence” coverage form.
23.3 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
23.4 Named Insured: Renton, its officers, officials, employees, agents and volunteers
shall be named as an additional insured on the insurance policy, as respects to work performed
by or on behalf of Franchisee and the endorsement naming Renton as additional insured shall
be indicated on the certificate of insurance or certification of self‐insurance.
23.5 Primary Insurance: Franchisee’s insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) calendar
days prior written notice by certified mail, return receipt requested, of suspension,
cancellation, or material change in coverage.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall provide that: “The above described policies will not be
canceled before the expiration date, without the issuing company giving sixty (60) business
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days prior written notice to the certificate holder.” In the event of cancellation or a decision
not to renew, Franchisee shall obtain and furnish to Renton evidence of replacement insurance
policies meeting the requirements of this section before the cancellation date.
23.7 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self‐insurance required by this section upon
acceptance of this Franchise. The certificates and endorsements shall be signed by a person
authorized by the insurer to bind coverage on its behalf and must be received and approved by
Renton prior to the commencement of any Work.
23.8 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.9 Self‐Insurance: In addition to the foregoing insurance/self‐insurance
requirements, Franchisee may also insure or self‐insure against additional risks in such amounts
as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton
with sufficient evidence that such self‐insurance is being so maintained.
23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV. Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
AGENDA ITEM #6. e)
ORDINANCE NO. ________
43
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this Franchise. Franchisee
shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this
language must be made a part of any contractor or subcontractor agreement.
SECTION XXV. Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or
permitted to be given to the Parties under this Franchise may be sent to following addresses
unless otherwise specified:
City Address:
City of Renton
Administrator, Community and Economic Development Department
1055 South Grady Way
Renton, WA 98055
Phone: (425) 430‐6588
Franchisee Address:
Sprint Communications Company L.P.
Attn: Manager, Real Estate
KSOPHT0101‐Z2040
6391 Sprint Parkway
Overland Park, KS 66251‐Z2040
Copy Franchisee Notice to:
Sprint Legal Department
AGENDA ITEM #6. e)
ORDINANCE NO. ________
44
Attn: Real Estate Attorney
6391 Sprint Parkway
MS: KSOPHT0101 – Z2020
Overland Park, KS 66251
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e‐mail or certified mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e‐mailed
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
SECTION XXVI. Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights‐of‐Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
AGENDA ITEM #6. e)
ORDINANCE NO. ________
45
26.3 Assignment: Franchisee may not assign or transfer this Franchise without the
written consent of the City Council of Renton, which consent shall not be unreasonably
withheld. Any assignee or transferee shall, at least thirty (30) calendar days prior to the date of
any assignment or transfer, file written notice of the assignment or transfer with Renton,
together with its written acceptance of all of the Franchise’s terms and conditions.
Notwithstanding the foregoing, Franchisee may assign this Franchise, without notice or
consent, to any entity controlling, controlled by or under common control with Franchisee.
Franchisee shall have the privilege, without such notice or such written acceptance, to
mortgage its benefits and privileges in and under this Franchise to the trustee for its
bondholders. The Franchise terms and conditions shall be binding upon the Parties' respective
assigns and successors.
26.4 Attorneys’ Fees: If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs,
expenses and attorneys' fees upon appeal of any judgment or ruling.
26.5 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.6 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise.
AGENDA ITEM #6. e)
ORDINANCE NO. ________
46
26.7 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.8 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occurrence
Franchisee shall promptly perform the affected obligations in an orderly and expedited manner
under this Franchise or procure a substitute for such obligation or performance that is
satisfactory to Renton. Franchisee shall not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee’s
reasonable control include, but are not limited to, Acts of God, war, acts of domestic terrorism
or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions and extreme weather
conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize
any delay caused by a Force Majeure event.
26.9 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions following the expiration of all applicable notice and cure
periods, or through willful or unreasonable negligence fails to heed or comply with any notice
that Renton may give to Franchisee under the Franchise provisions following the expiration of
all applicable notice and cure periods, then Franchisee shall, at the election of the Renton City
AGENDA ITEM #6. e)
ORDINANCE NO. ________
47
Council, forfeit all privileges conferred and this Franchise may be revoked or annulled after a
hearing held upon reasonable notice to Franchisee.
26.10 Franchisee’s Acceptance: Renton may void this Franchise Ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) calendar days from
the final passage of same by the Renton City Council. Franchisee shall file this acceptance with
the City Clerk of the City of Renton.
26.11 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.12 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington or in the King County Superior Court for the State
of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.13 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee
Franchisee’s Work. This Franchise is not intended to acknowledge, create, imply or expand any
duty or liability of Renton with respect to any function in the exercise of its police power or for
any other purpose. Any duty that may be deemed to be created in Renton by this Franchise
shall be deemed a duty to the general public and not to any specific party, group or entity.
26.14 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in tariffs affecting the provisions of the Franchise, notify Renton in writing of the
AGENDA ITEM #6. e)
ORDINANCE NO. ________
48
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved tariff(s) affecting the provision of this Franchise.
26.15 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
26.16 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including
the right to create new Laws or modify existing Laws.
26.17 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during
regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records
Act).
26.18 Remedies Cumulative: Any remedies provided for under the terms of this
Franchise are not intended to be exclusive, but shall be cumulative with all other remedies
available to at law, in equity, or by statutes, unless specifically waived in this Franchise or in a
subsequent signed document.
26.19 Section Headings: The section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.20 Severability: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties
AGENDA ITEM #6. e)
ORDINANCE NO. ________
49
shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.21 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to the
extent such an inference is necessary to prevent substantial injustice to an injured party.
26.22 Third Parties: The Parties do not create any obligation or liability, or promise any
performance to, any third party, nor have the Parties created any third party right to enforce
this Franchise beyond what is provided for by Laws. Third parties are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any third party to either Party.
26.23 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
AGENDA ITEM #6. e)
ORDINANCE NO. ________
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26.24 Waiver of Worker’s Compensation Immunity: Franchisee waives its Worker’s
Compensation immunity under RCW Title 51 in any cases involving Renton and affirms that
Renton and Franchisee have specifically negotiated this provision, to the extent it may apply.
SECTION XXVII. Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval, and
five (5) calendar days after its legal publication as provided by law, and provided it has been
duly accepted by Franchisee.
PASSED BY THE CITY COUNCIL this _____ day of ________________, 2016.
___________________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of __________________, 2016.
__________________________________
Denis Law, Mayor
Approved as to form:
_________________________________
Lawrence J. Warren, City Attorney
Date of Publication: _______________
ORD:1876:5/18/16:scr
AGENDA ITEM #6. e)
ORDINANCE NO. ________
51
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above‐granted franchise, subject
to all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 2016.
Sprint Communications Company L.P.
____________________________________
By: James B. Farris
Its: Manager, Real Estate
AGENDA ITEM #6. e)
ORDINANCE NO. ________
52
Attachment 1
AGENDA ITEM #6. e)
AB - 1679
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Supplemental Agreement No. 1 to the Consultant Agreement (CAG-
15-089) with KPG, P.S. for the Rainier Avenue South Project - Phase 4
(TIP #7)
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Derek Akesson, Transportation Design Project Manager
EXT.: 7337
FISCAL IMPACT SUMMARY:
The total project budget is $20,106,000. The grant revenue secured to date is $2,600,000 for design. The
budget for 2016 is $2,958,000 (per 2016 carryforward). The expenditure required for Supplemental
Agreement No. 1 to CAG-15-089 is $423,539.18. With the supplement, the maximum amount payable on
CAG-15-089 is $522,125.45.
SUMMARY OF ACTION:
Rainier Avenue South - Phase 4 continues the infrastructure improvements to the Rainier Avenue South corridor. The
approximate project limits of Phase 4 are between South 3rd Street and NE 3rd Place. Similar to Phase 3, this new phase
includes infrastructure improvements for enhanced transit mobility, traffic safety and pedestrian safety. The goals of
Phase 4 are to enhance traffic flow, improve safety, eliminate sub-standard conditions and provide an enhanced
pedestrian environment.
KPG, P.S. was selected for engineering design of this project. On October 23, 2015 the Mayor executed a
consultant agreement with KPG, P.S. to begin base map survey activities for Phase 4. The amount of the
agreement was $98,586.27.
Supplemental Agreement No. 1 to contract CAG-15-089 with KPG, P.S. will include the following:
1.Develop three roadway channelization alternatives.
2.Update the traffic operations analysis.
3.Provide preliminary right-of-way and permanent easement area estimates.
4.Provide a pavement assessment report with findings, conclusions and recommendations.
5.Demonstrate public outreach.
EXHIBITS:
A. Supplemental Agreement No. 1 to CAG-15-089
B. Project Vicinity Map
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 1 to the consultant agreement
CAG-15-089 with KPG, P.S. for the Rainier Avenue South Project - Phase 4 (TIP #7) in the amount of
$423,539.18.
AGENDA ITEM #6. f)
DOT Form 140-063
Revised 09/2005
Supplemental Agreement
Number 1
Organization and Address
KPG, P.S.
753 9th Avenue North
Seattle, WA 98109
Phone: (253) 627-0720
Original Agreement Number
CAG-15-089
Project Number
TED4003813
Execution Date
10/23/2015
Completion Date
12/31/2017
Project Title
Rainier Ave South – Phase 4 (S. 3rd St to NW 3rd Place)
New Maximum Amount Payable
$ 522,125.45
Description of Work
Provide design services for Rainier Avenue South – Phase 4, which includes the following: develop 3 channelization
alternatives, traffic analysis, preliminary right-of-way area estimates, pavement assessment report and public
outreach.
The Local Agency of City of Renton
Desires to supplement the agreement entered in to with KPG, P.S.
and executed on 10/23/2015 and identified as Agreement No. CAG-15-089
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
The PURPOSE of this Supplemental Agreement is as follows:
The additional services are described in the attached and incorporated Exhibit A.
II
The TIME FOR EXECUTION AND COMPLETION of this project is amended as follows:
Extend the completion date from December 31, 2016 to December 31, 2017.
III
PAYMENT shall be amended as follows:
The original maximum total amount payable was $98,586.27, consisting of $94,586.27 of authorized work plus a $4000.00
management reserve fund. Only $51,137.39 was expended to perform the original authorized scope of work, representing
a $43,448.88 savings. As further described in the attached Exhibits D and E, this supplemental agreement increases the
management reserve fund by $43,448.88, making the new management reserve fund $47,488.88, and authorizes
$423,539.18 worth of additional work to be performed, making the new maximum total amount payable $522,125.
as set forth in the attached Exhibit(s), and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate
spaces below and return to this office for final action.
By: Jason Fritzler, KPG, By: Denis Law, Mayor
Consultant Signature Approving Authority Signature
Date
AGENDA ITEM #6. f)
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AGENDA ITEM #6. f)
Direct (RAW) Labor Costs
Indirect Cost Rate (ICR) Costs
Direct Non‐Salary Costs (including
subconsultants)
Fixed Fee
Management Reserve (MR)
TOTAL
Explanation of
Total
Exhibit D
Summary of Payments
City of Renton
A/E Professional Services Contract with KPG, P.S., CAG‐15‐089, Supplement No. 1
Rainier Ave S ‐ S 3rd St to NW 3rd Pl (aka Rainier Phase 4)
Supplement #1 plus Paid
to Date
Supplement #1 plus Paid
to Date
Supplement #1 plus Paid
to Date
Supplement #1 plus Paid
to Date
Supplement #1 plus
Remaining MR
Paid to Date
$19,221.85
$25,274.80
$874.18
$5,766.56
$0.00
$51,137.39
Remaining Base
Agreement Funds
$16,794.62
$22,083.26
$522,125.45
$127,614.03
$167,799.68
$140,978.65
$38,284.21
$47,448.88
$98,586.27
$108,392.18
$142,524.88
$140,104.47
$32,517.65
$36,016.47
$47,358.06
$406.80
$10,804.94
$4,000.00 $43,448.88
$466,988.06
‐$467.38
$5,038.38
$4,000.00
$47,448.88
Basic Agreement Supplement #1 Total
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AGENDA ITEM #6. f)
RAINIER AVE S –PHASE 4
VICINITY MAP
AGENDA ITEM #6. f)
AB - 1680
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Engineering Consultant Agreement for the Thunder Hills Sanitary
Sewer Interceptor Replacement Project – Design and Construction
Services with Stantec Consulting Services, Inc.
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Dave Christensen, Wastewater Engineering Manager
EXT.: 7212
FISCAL IMPACT SUMMARY:
This agreement, in the amount of $313,700, will be funded through the approved 2016 Wastewater Capital
Improvement Program Thunder Hills Interceptor Replacement/Rehabilitation Project account (426.465495).
The project budget for this work is $400,000, with a total 2016 budget of $700,000.
SUMMARY OF ACTION:
The Wastewater Utility needs to replace and rehabilitate portions of the Thunder Hills Interceptor from its
point of beginning at Grant Avenue South and South 18th Street downstream adjacent to Thunder Hills Creek
until it crosses I-405 to Benson Road South, adjacent to the Sam’s Club building.
The Wastewater Utility completed the alternatives analysis portion of the project in April 2016, which
identified the work to move forward into final design and construction. Stantec Consulting Services, Inc. was
selected through an RFP/SOQ process in 2014 for the initial alternative analysis portion of the project (CAG -
14-052). Based on their knowledge of this portion of the system, and that the alternative analysis included
development of 30% preliminary plans, the Wastewater Utility would like to continue to utilize the service of
Stantec Consulting Services, Inc. for design and construction services for this project.
The design work is anticipated to take up to 18 months, primarily driven by the complex array of pe rmits
required to work within the Thunder Hills Creek sensitive areas. We anticipate construction for this project to
begin in spring 2018.
EXHIBITS:
A. Issue Paper
B. Vicinity Map
C. Engineering Consultant Agreement
STAFF RECOMMENDATION:
Execute the Engineering Consultant Agreement for the Thunder Hills Sanitary Sewer Replacement Project –
Design and Construction Services with Stantec Consulting Services, Inc. in the amount of $313,700.
AGENDA ITEM #6. g)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:May 31, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Dave Christensen, Wastewater Utility Manager, x7212
SUBJECT:Engineering Consultant Agreement for the Thunder Hills
Sanitary Sewer Interceptor Replacement Project – Design and
Construction Services with Stantec Consulting Services, Inc.
ISSUE:
Should the Mayor and City Clerk enter into an engineering consultant agreement for the
Thunder Hills Sanitary Sewer Interceptor Replacement Project – Design and
Construction Services with Stantec Consulting Services, Inc. in the amount of $313,700?
RECOMMENDATION:
Execute the Engineering Consultant Agreement for the Thunder Hills Sanitary Sewer
Interceptor Replacement Project – Design and Construction Services with Stantec
Consulting Services, Inc. in the amount of $313,700.
BACKGROUND SUMMARY:
The Wastewater Utility needs to replace and rehabilitate portions of the Thunder Hills
Interceptor from its point of beginning at Grant Avenue South and South 18th Street
downstream adjacent to Thunder Hills Creek until it crosses I-405 to Benson Road South,
adjacent to the Sam’s Club building.
In April 2014 the Wastewater Utility went through an RFP/SOQ process to select a
consulting firm to perform an alternatives analysis for the Thunder Hills Interceptor to
evaluate the existing condition and capacity of the interceptor. In addition, the analysis
also looked at ways that the Wastewater Utility could better access the interceptor to
perform appropriate levels of maintenance for the interceptor. The analysis was
completed in April 2016 and identified a preferred alternative that includes relining
portions of the interceptor that are in good condition and well protected against
damage from Thunder Hills Creek, replacing portions of the interceptor that are subject
to damage from the creek and providing a significant access road system that will allow
AGENDA ITEM #6. g)
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
May 31, 2016
\DMCtp
our maintenance crews direct access to the interceptor for maintenance. With the
completion of the alternatives analysis and a preferred alternative selected, the
Wastewater Utility would like to move forward with the design of the project.
Stantec Consulting Services, Inc. was selected for the alternatives analysis portion of the
project (CAG-14-052) with the expectation that the firm would move on to final design
and construction services if they performed the initial work at an acceptable level.
Based on their knowledge of this portion of the system, and that the alternatives
analysis included development of 30% preliminary plans, the Wastewater Utility would
like to continue to utilize the service of Stantec Consulting Services, Inc. for the design
and construction services for this project.
The design work is anticipated to take up to 18 months, primarily driven by the complex
array of permits required to work within the Thunder Hills Creek sensitive areas. We
anticipate construction for this project to begin in spring 2018.
This work will be funded through the approved 2016 Wastewater Capital Improvement
Program Thunder Hills Interceptor Replacement/Rehabilitation account (426.465495).
The project budget for this work is $400,000, with a total 2016 budget of $700,000.
CONCLUSION:
The Wastewater Utility needs to upgrade the Thunder Hills Interceptor and its
corresponding access road along Thunder Hills Creek in order to best minimize our risk
of an overflow at this location. In addition, as this project includes complex permitting
in sensitive areas and design of structural walls along the creek side slopes, it is in the
Wastewater Utility’s best interest to utilize an outside consultant with expertise in these
issues. In order for the Wastewater Utility to efficiently implement these improvements
we need to enter into an engineering consultant agreement with Stantec Consulting
Services, Inc. in the amount of $313,700.
cc: Lys Hornsby, Utility Systems Director
Hai Nguyen, Senior Finance Analyst
AGENDA ITEM #6. g)
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AB - 1682
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: First Amendment to Agreement Between King County and the City of
Renton for the Cedar River Gravel Removal Project (CAG-13-009)
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Hebé C. Bernardo, Surface Water Civil Engineer III
EXT.: 7264
FISCAL IMPACT SUMMARY:
The First Amendment to the Agreement between King County and the City of Renton for the Cedar River
Gravel Removal Project (CAG-13-009) will provide a revised total of $13,171,131 in non-matching funding to
the City of Renton. The Cedar River Gravel Removal Project is included in the approved 2015 -2016 Surface
Water Utility Capital Improvement Program budget as the Ce dar River Gravel Removal (maintenance
dredging) Project (427.475193).
SUMMARY OF ACTION:
In February 6, 2013, the City of Renton and the King County Flood Control District entered into an agreement
(CAG-13-009) to provide the funding for the Cedar River Gravel Removal Project in the amount of $5,313,000.
The agreement was executed without fully understanding the project construction cost, and the mitigation to
be required by state and federal agencies. Once final design of the project was completed and all local, state
and federal permits were obtained, the total project cost was projected by t he City to be $13,176,131, which
includes the cost of staff time, design, permitting construction, project mitigation, construction management
and all monitoring, maintenance and reporting associated with the Cedar River Gravel Removal Project. A
budget adjustment for the additional revenue and expenditures was included in the second quarter budget
amendment ordinance.
Project construction began the week of June 6, 2016 and is expected to be completed by the first week of
November.
EXHIBITS:
A. Issue Paper
B. First Amendment to Agreement
C. Agreement CAG-13-009
STAFF RECOMMENDATION:
Execute the First Amendment to the Agreement between King County and the City of Renton for the Cedar
River Gravel Removal Project (CAG-13-009), which provides a revised total of $13,171,131 in non-matching
funding to the City of Renton to fund all costs related to the project. A budget adjustment for the additional
revenue and expenditures was included in the second quarter budget amendment ordinance.
AGENDA ITEM #6. h)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 2, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Hebé Bernardo, Surface Water Utility Engineer, ext. 7264
SUBJECT:First Amendment to Agreement Between King County and the
City of Renton for the Cedar River Gravel Removal Project
(CAG-13-009)
ISSUE:
Should Council approve the First Amendment to the Agreement between King County
and the City of Renton for the Cedar River Gravel Removal Project (CAG-13-009), which
will provide a revised total of $13,171,131 in non-matching funding to the City of Renton
to provide funding for all costs related to the project?
RECOMMENDATION:
Execute the First Amendment to the Agreement between King County and the City of
Renton for the Cedar River Gravel Removal Project (CAG-13-009), which provides a
revised total of $13,171,131 in non-matching funding to the City of Renton to fund all
costs related to the project. A budget adjustment for the additional revenue and
expenditures was included in the second quarter budget amendment ordinance.
BACKGROUND:
The Cedar River 205 Flood Control Project was originally constructed in 1998 by the U.S.
Army Corps of Engineers along the lower 1.25 mile of Cedar River, along with dredging
of the Cedar River to provide flood protection from the 100-year flood event with at
least 90% reliability. As the sponsor and owner, the City is responsible for maintenance
of the Cedar River 205 Flood Reduction Project, which includes maintenance dredging.
The King County Flood Control District was formed in 2007 for the purpose of funding
projects that provide regional flood hazard reduction benefits. In February 6, 2013 the
City of Renton and the King County Flood Control District entered into an agreement
(CAG-13-009) to provide the funding for the Cedar River Gravel Removal Project in the
amount of $5,313,000. The agreement was executed without fully understanding the
AGENDA ITEM #6. h)
Mr. Corman, Council President
Members of the Renton City Council
Page 2 of 2
June 2, 2016
\HCBtp
project construction costs and the mitigation to be required by state and federal
agencies. Once final design for the project was completed and all local, state and
federal permits were obtained, the total project cost was projected by the City to be
$13,171,131, which includes the costs for project management, planning, public
outreach, engineering, permitting, construction, construction management, project
mitigation, all permit required monitoring, maintenance and reporting. The project
mitigation, monitoring, maintenance and reporting will continue over at least a 10-year
period following dredging, which is included in the project budget in the First
Amendment of the Agreement.
On March 21, 2016 the King County Flood Control District Board of Supervisors
approved an increase in the total project budget to provide funding for all approved
related costs. The Cedar River Gravel Removal Project is included in the Flood Control
District Capital Improvement Program budget. This amendment to the agreement with
King County revises the amount of funding the City will receive to cover the project.
The Cedar River Gravel Removal Project is included in the approved 2015-2016 Surface
Water Utility Capital Improvement Program (CIP) budget as the Cedar River Gravel
Removal (maintenance dredging) Project (427.475193). Project maintenance dredging
is anticipated to begin the week of June 6, 2016 and be completed by the first week of
November. The Elliot Spawning Channel Inlet Project, which is mitigation proposed for
the Cedar River Gravel Removal Project, is tentatively scheduled to start in July and be
completed in October.
CONCLUSION:
The Surface Water Utility recommends approval of the First Amendment to the
Agreement between King County and the City of Renton for the Cedar River Gravel
Removal Project (CAG-13-009), which will provide a revised total of $13,171,131 in non-
matching funding to the City of Renton to provide funding for all costs related to the
project. A budget adjustment for the additional revenue and expenditures was included
in the second quarter budget amendment ordinance.
cc:Lys Hornsby, Utility Systems Director
Hai Nguyen, Senior Finance Analyst
AGENDA ITEM #6. h)
1
FIRST AMENDMENT TO AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR THE CEDAR RIVER GRAVEL REMOVAL PROJECT
This First Amendment to the Agreement between King County and the City of Renton for Cedar River
Gravel Removal Project executed February 6, 2013 (“Agreement”), amends portions of the Agreement’s
text and scope of work and budget (“First Amendment”). King County may be referred to below as “the
County,” Renton, may be referred to as “the City” or “Renton,” and collectively they may be referred to
as “the Parties.” Except for those provisions amended by this First Amendment, all other terms of the
Agreement remain in full force and effect.
King County, in its capacity as service provider to the King County Flood Control Zone District (“KCFCD”)
under an interlocal agreement between the County and KCFCD, entered into the Agreement with
Renton for the purposes of providing funds from the KCFCD to conduct the Cedar River Gravel Removal
Project (”Project”) as described in Exhibit One to the Agreement, within the Renton city limits. The
Project is currently being designed and conducted by the City with KCFCD and City funds.
The Agreement provides in Section V., Revisions to Project Scope and/or Budget, that an amendment to
the Agreement may be entered into by the Parties if it is projected by the City that Project costs will
exceed the $5,313,000 amount provided for in the Agreement, and if the KCFCD makes additional
funding available for the Project. Project costs are projected by the City to be $13,238,100, which
includes the costs of King County staff time of $66,969, which will not be reimbursed to the City, but will
be billed directly to the KCFCD. The KCFCD, through its past appropriations and through its adopted Six-
Year Capital Improvement Program, is making up to the amount of $13,171,131 available for the Project
in the form of reimbursements to the City, contingent on future appropriations by the KCFCD.
The Agreement is hereby amended as follows:
1.The text of Section I., Purpose, is deleted in its entirety and the following is substituted therefor:
The purpose of this Agreement is for the City to undertake activities in connection with the
Cedar River Gravel Removal Project ("Project"), identified in the King County Flood Control
District's ("District") budget and Six-Year Capital Improvement Project plan (2016-2021).
AGENDA ITEM #6. h)
2
The Project has been determined by the District to merit funding as consistent with the District's
mission and purpose. King County in large measure through WLRD functions as the service provider
to the District under the terms of an interlocal agreement ("ILA”) between King County and the
District and under the ILA implements the District's annual work program and budget. King County
by and through the WLRD is entering into this Agreement in its capacity as service provider to the
District. This Agreement provides the terms under which the City will provide project management,
design and engineering, environmental review and planning, public outreach, construction,
construction management, implementation of project mitigation actions, monitoring, maintenance
and reporting as required by the local, state and federal permits for the Project, and WLRD will
reimburse the City up to $13,171,131 for Project costs, contingent upon such funds being
appropriated by the District for the Project.
The District has approved, through its 2012-2016 budgets, $12,057,970 for the Project, which has
been provided or will be provided to the City. The $12,057,970 includes $329,202 to be provided to
Renton through KCFCD Opportunity Fund grants. Through its 2017-2021 CIP allocation budget, it has
identified an additional $1,180,130 for the Project, for a total of $13,328,100 of District funds for the
Project, $66,969 of which will be available for the costs of King County staff time.
2.The last two paragraphs of Section II., Background, of the Agreement are deleted in their
entirety and the following is substituted therefor:
The Project is anticipated to be constructed during the summers of 2016 and 2017, due to the
short in-stream work window allowed by Washington Department of Fish and Wildlife, difficult
access into and out of the river to remove gravel, the extensive length of the Project site, and
the sensitive nature of the work. The mitigation elements of the Project are anticipated to be
constructed within three years of completion of the Project dredging. Required monitoring and
maintenance of the mitigation will occur for the 10-year monitoring period, which is anticipated
to be from 2017 through 2026, inclusive.
The King County Flood Control District (“District”) has approved in its 2012-2016 budgets
$12,057,970 for the Project, including $329,202 in KCFCD Opportunity Fund grants, and has
identified an additional $1,180,130 in its 2017-2021 CIP allocation budget for the Project for a
total of $13,238,100. Of this amount, $66,969 is to be made available to pay for King County
AGENDA ITEM #6. h)
3
staff costs. Of the remaining $13,171,131, WLRD will reimburse the City for actual costs to
implement the Project up to this $13,171,131 amount, in accordance with Flood Control District
Executive Committee Motion No 2016-03, and contingent upon appropriation of such funds by
the District.
3. The text of Section VI., Billing and Payment, is modified by removing the struck through text and
by adding the underlined text as follows:
A.Contingent upon District appropriation, WLRD shall pay the City up to $5,313,000
$13,171,131 for actual costs incurred to perform the tasks as described in Exhibit One, as
currently budgeted in the District CIP budget for the Project. This includes $329,202 of
Renton’s 2012, 2013 and 2016 Opportunity funds that are allocated to this project.
B.Expenditures to be reimbursed by WLRD shall be included on itemized invoices submitted by
the City and shall be subject to approval by WLRD. The City will invoice WLRD on a quarterly
basis. Payment on approved invoices will be made within 45 days.
C.The Parties represent that funds for conducting activities under this Agreement have been
appropriated and are available for 2012-2016. To the extent that conducting activities
covered under this Agreement requires future appropriations beyond current appropriation
authority, each of the Parties obligations is contingent upon the appropriation of sufficient
funds by that Party’s legislative authority to complete the activities described herein. King
County’s obligations are further contingent upon the future appropriation of funds by the
District. If no such appropriation is made by either Party, or by the District, this Agreement
will terminate at the close of the appropriation year for which the last appropriation that
funds these activities was made.
4. The Scope of Work attached and incorporated into the Agreement as Exhibit One is hereby
removed and is replaced with the Scope of Work attached to this Amendment as Exhibit One,
incorporated herein and made a part hereof.
This Amendment is effective upon the signature of both Parties and may be executed in counterparts.
AGENDA ITEM #6. h)
4
IN WITNESS WHEREOF, the Parties hereto have executed this amendment on the day of
, 201__.
Approved as to Form King County
____________________________________________________________________
Joseph Rochelle Mark Isaacson
Senior Deputy Prosecuting Attorney Director, Water and Land Resources Division
Approved as to Form City of Renton
______________________________________________________________________
Larry Warren Denis Law
City Attorney Mayor
ATTEST
____________________________________
Jason A. Seth
City Clerk
AGENDA ITEM #6. h)
5
Exhibit One
Scope of Work
Cedar River Gravel Removal Project
Project Description
The Cedar River Gravel Removal Project (“Project”) has two primary components: gravel removal and
mitigation. Gravel removal will involve several phases, including: staging and mobilization, construction
and surveying dredging and excavation of approximately 114,000 CY of river bed material,
hauling and disposal of dredged material, existing bank stabilization maintenance and repair, installation
of new bank protection armoring, planting, and site restoration. Gravel removal is expected to be
accomplished with heavy equipment (excavators, bull dozers, frontend loaders, graders, earthmovers,
etc.) and dump trucks. Due to the extensive length of the project site, gravel removal may be broken
into several sequenced phases covering smaller, more manageable work areas. Also, the work may
need to occur over two summers. In this case, several of the above-described activities would be
repeated for each successive phase. Any work activities that will take place below the ordinary high
water level will occur during permit prescribed summer instream work window (June 15-August 31);
however, other work activities may occur outside the instream work window, such as staging and
mobilization, stockpiling, hauling and disposal of gravel spoil, some site restoration, and demobilization..
Mitigation is the second primary component of the Project. Specific mitigation actions were determined
through consultation with regulatory and tribal agencies during the design and permitting process and
are described in the “Mitigation Plan – Revised Report for the Cedar River Maintenance Dredging
Project, Renton, Washington” (GeoEngineers 2016). This mitigation plan describes avoidance,
minimization, and mitigation measures proposed to offset impacts of the Project. At the time of the
execution of the First Amendment to Agreement, the proposed project mitigation measures include
invasive species management, native vegetation plantings, filling void spaces in existing riprap, removal
of existing gabions and replacement with bioengineered bank protection, maintenance and monitoring
actions in the spawning channels that were constructed as mitigation for the previous gravel removal
project, lighting impacts reduction planning and implementation, a scour monitoring study, and
acquisition of wetland mitigation grant credits. As required by the project permits and described in the
AGENDA ITEM #6. h)
6
approved project mitigation plan, monitoring, maintenance and reporting is also required for the various
project mitigation elements.
Scope of Work
The Scope of Work will include all tasks and activities necessary to implement the Project, including both
the gravel removal and any required mitigation, as detailed below under the following task headings.
1.Project Management
2.Engineering and Design
3.Environmental Review and Permitting
4.Outreach and Stakeholder Involvement
5.Construction Contract Solicitation and Award
6.Construction and Construction Management – Gravel Removal
7.Construction and Construction Management – Mitigation
8.Monitoring, Maintenance and Reporting
Task 1. Project Management
The City shall manage the Project scope, schedule and budget to ensure timely and effective Project
implementation. This includes coordinating City staff and management, County staff and management,
consultants, contractors, and Project stakeholders. This task also includes providing quarterly project
progress reports to WLRD. This task will be ongoing throughout the duration of the Project.
Actions:
Quarterly project management coordination meetings (meetings may be requested more
frequently if/when deemed necessary). The King County Project Liaison (KCPL) will be provided
the opportunity to attend all meetings.
Deliverables:
Quarterly progress reports (reports may be requested more frequently if/when deemed
necessary, such as during construction), to include scope/schedule/budget status,
accomplishments, issues and concerns, next steps, and action items
Quarterly invoices for project expense reimbursement, subject to WLRD review and approval
AGENDA ITEM #6. h)
7
Task 2.Engineering and Design
The City shall prepare plans, specifications, quantity and cost estimates and other technical information
required to obtain permits, inform stakeholders and the public, develop contract documents and
construct the Project. Also included are planning, data collection and supporting analyses and studies.
This may include hydrologic and hydraulic analyses, geomorphic analyses, geotechnical engineering,
topographic and bathymetric survey, habitat survey, and all other actions necessary to complete this
task. This task will be supported by existing data and information including previous river cross-section
data collected by the City, King County, and State of Washington, Lower Cedar River Spawning data, and
City and King County hydraulic models. Obtaining any necessary construction easements are included in
this task.
Actions:
Design Kickoff Meeting
Design Review Meetings
Site Visits
The KCPL will be provided the opportunity to attend all meetings and site visits.
Deliverables:
Consultant RFPs
Consultant SOWs
Technical Reports and Memos
Mitigation Alternative Selection
30% Design Package (PS&E, engineers estimate, tech memo)
60% Design Package (PS&E, engineers estimate, tech memo)
90% Design Package (PS&E, engineers estimate, tech memo)
Final Design Package (PS&E, engineers estimate, tech memo)
Bid package
The KCPL will be provided with the opportunity to review and comment on all consultant RFPs and
scopes of work, technical reports and memos, and all design packages. The City’s selected consultant,
selected mitigation alternative and the final design package are subject to approval by KCPL.
AGENDA ITEM #6. h)
8
Task 3.Environmental Review and Permitting
The City will conduct all required environmental review and obtain all permits necessary to construct
the Project. This will include compiling existing data and information, collecting new data, conducting
analyses and preparing corresponding reports as necessary to document existing conditions as needed
to conduct required environmental review (such as SEPA), preparing and submitting all necessary permit
applications, and determining mitigation requirements. Depending on the nature and extent of any
required mitigation, anticipated permits and consultations may include:
-US Army Corps of Engineers – 404 and Section 10 permits
-US F&WS and NMFS – ESA Consultation
-Muckleshoot Indian Tribe – Coordination
-WDFW – Habitat Project Approval
-WDOE – 401 Certification, NPDES construction permit
-WDOE – CZM consistency and Shorelines review
-WDNR – Aquatic Use Authorization / Aquatic Lands Lease
-WDAHP – Cultural resources compliance
-City Permits (gravel removal) – Shorelines, Grading, Critical Areas, SEPA
-County Permits (mitigation) – Shorelines, Grading, Critical Areas
Actions:
Pre-application meetings with agencies
Public meetings associated with environmental review process
Site visits with agencies, as needed
Develop a mitigation plan
Develop a mitigation agreement with Washington Department of Fish and Wildlife
The KCPL will be provided the opportunity to participate in these meetings and site visits.
Deliverables:
Publications associated with environmental review process (such as draft and final SEPA
Checklist)
Publications associated with agency consultation and permit application (such as biological
assessment)
Other technical reports supporting permit applications
AGENDA ITEM #6. h)
9
Permit applications
Mitigation Plan
Mitigation Agreement
The KCPL will be provided the opportunity to review and comment on the above prior to submittal
of permit applications to regulatory agencies.
Task 4.Outreach and Stakeholder Involvement
The City will conduct proactive outreach and involvement with Project stakeholders and the public.
Project success will depend on early, close and consistent coordination with affected stakeholders,
including: the Boeing Company, the Renton Municipal Airport, the Muckleshoot Indian Tribe, citizen
groups, and regulatory agencies (local, state and federal). While outreach to inform and solicit feedback
from the general public will be important, more focused and targeted coordination with key
stakeholders throughout the Project cycle will be essential.
Actions:
Stakeholder Meetings
Public Meetings
The KCPL will be provided the opportunity to attend all meetings.
Deliverables:
Public Meeting Notices
Press Releases
Project Webpage
The KCPL will be provided the opportunity to review and comment upon all deliverables prior to
release.
Task 5. Construction Contract Solicitation and Award
The City will conduct all actions necessary to solicit, award and execute construction contracts for the
gravel removal project and the associated mitigation projects.
AGENDA ITEM #6. h)
10
Actions:
Bid document package preparation
Bid advertisement
Pre-bid site visit
Contractor evaluation and selection
Contract execution
The KCPL will be provided the opportunity to participate in the pre-bid site visit, and to review and
comment upon the bid document package, and contractor evaluation and selection. The award of
the contracts is subject to KCPL approval.
Task 6. Construction and Construction Management – Gravel Removal
The City will implement all steps necessary to implement the project, including construction,
construction management, compliance with permit conditions, construction inspection and reporting.
This task includes only the Cedar River gravel removal project.
Actions:
Periodic site visits to the gravel removal construction site
Punch list walkthrough and documentation
The KCPL will be provided the opportunity to participate in the pre-bid site visit, in-progress
construction site visits, and punch list walk-through and documentation, and to pre-approve the
awarding of the contract.
Deliverables:
Construction management plan
Change orders
Completed construction project
As-built or record drawings
The KCPL will be given the opportunity to review and comment upon the construction bid
documents. Any construction change orders in excess of $50,000 are subject to KCPL approval.
AGENDA ITEM #6. h)
11
Task 7. Construction and Construction Management- Mitigation
The City will implement all steps necessary to complete the construction of the capital projects
necessary to satisfy the mitigation requirements for the Cedar River Gravel Removal Project as required
by the project permits and described in the Army Corps of Engineers approved project Mitigation Plan
and the Cedar Maintenance Dredging Project Mitigation Agreement with WDFW. This includes
construction, construction management, compliance with permit conditions, construction inspection,
and reporting.
Actions:
Periodic site visits to the mitigation construction sites
Punch list walkthrough and documentation
Deliverables:
Construction management plan
Change orders
Completed construction projects
As-built or record drawings for each mitigation project
The KCPL will be given the opportunity to review and comment upon the construction management
plans. Any construction change orders in excess of $10,000 are subject to KCPL approval.
Task 8. Monitoring, Maintenance and Reporting
The City will implement all monitoring, maintenance and reporting activities as required by the permits
associated with the project and as described in both the “Cedar River Maintenance Dredging Project
Mitigation Agreement”, entered into between the City and WDFW, and the Army Corps of Engineers
approved “Mitigation Plan – Revised Report Cedar River Maintenance Dredging Project ” (GeoEngineers
2016).
Actions:
Vegetation maintenance, monitoring, and reporting for Years 1 (2017) through Year 10 (2026)
Light improvement monitoring and reporting
Scour monitoring and reporting in main channel from Renton Library to Houser Way North for
the two spawning seasons following dredging.
Spawner and redd counts – the City will conduct weekly sockeye spawner counts and redd
counts in the two mitigation spawning channels in the summer and fall of each year for Year 1
(2017) through Year 10 (2026)
Annual cross-section surveys for Year 1 (2017) through Year 10 (2026)
AGENDA ITEM #6. h)
12
Deliverables:
Annual inspections and monitoring of flow depth, water velocity and substrate quality in the
Elliot and Royal Hills Spawning Channels.
Maintenance of the Elliot and Royal Hills Spawning Channels, mitigation planting areas and
other mitigation elements.
Annual Monitoring Reports - these reports will document the results of all monitoring activities
conducted for each year.
Annual Sediment Reports – these reports will specifically document the annual monitoring of
sediment accumulation within the lower two miles of the Cedar River.
AGENDA ITEM #6. h)
13
Estimated Project Costs
Task Number Task Description Budget ($)
1 Project Management $ 426,787
2 & 3 Engineering & Design / Environmental Review & Permitting $ 1,536,864
4 Outreach and Stakeholder Involvement $ 25,588
5 Construction Contract Solicitation and Award $ 20,000
6 Construction and Construction Management – Gravel
Removal
$ 8,873,971
7 Construction and Construction Management – Mitigation $ 585,061
8 Monitoring , Maintenance and Reporting $ 633,000
Subtotal $ 12,101,271
10% Contingency $ 1,069,860
TOTAL $ 13,171,131
Cost Share Responsibilities
Item Budget ($)
WLRD – King County Flood Control District $ 12,841,929
City of Renton – 2012-2015 KCFCD Subregional Opportunity Fund $ 150,000
City of Renton – 2016 KCFCD Subregional Opportunity Fund $ 179,202
TOTAL*$ 13,171,131
* This figure does not include the $66,969 of King County staff time to be provided to the Project. This amount
will be funded by the District, and when taken into account, the total contribution of the District to the Project is
to be $13,238,100.
AGENDA ITEM #6. h)
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GBEATYR HILANDS U-C
2806 NE SUNSET BLVD RENTON WA 98056
7227801206
Water (18)Sewer (28)Transportation (36)(1B)+{26)÷(36j
Assessable Assessable Assessable Assessable Assessable Assessable Assessable Cost
Frcntft Cast Front Ft Cost Front Ft Cost
3327 $1,990,000 1210 $311J78 1714 53,442443 $4,844,021
$309.04 $25735 52,008,64
___________
14Th 5925.357 $923337
3129 $4,367,500 $5,769,378
RESOLUTION NO.
E XH I BIT B Combined Preliminary Assessment Roll
Project Element
Total Assessable mit/Cost
Assessable Cost per Unit
Park Portion of Transportation Cost
Grand Total
Preliminary Preliminary Preliminary Preliminary
Front Water Front Sewn Transportation Combined
Parcel Reference Owner &Legal Description Footage Assessment Footage Assessment Front Footage Assessment Assessment
Parcel #1 CITY OF RENTON 1253 $390,941 0 50 1415 $925,357 $1,316,298
ICC Tax Act TO BE DETERMINE)
Legal Description:PARCEL 1 OF OW CF KENTON SUNSET LANE LOT LINE ADJUSTMENT
Parcel #2 RENTON HOUSING .P5JTFORITY 215 566,445 124 $31,961 124 5249,473 $347,879
ICC Tax Act $TO BE DETERMINE)
Legal Description:PARCEL 4 Of CITY CF KENTON SUNSET LANE LOTS NE AOJUSThIENT
Parcel 43 KENTON HOUSING AUTFF3RflV 247 $76,334 247 $63,664 247 $495,772 $635,770
ICC Tax Act#TO BE DETERMINE)
Legal Description:PARCEL 3 Of OW CF KENTON S UNSET LANE LOT LI NE ADJUSTMENT
Parcel #4 KENTON HOUSING AIJTFFORITY 4D9 $126,999 298 $76,810 425 $854,434 $1,057,643
ICC Tax Act 4 TO BE DETERMINE)
Legal Description:PARCEL 2 OF CITY CF BENIGN SUNSET LANE LOT U NE ADJUSTMENT
Parcel #5 WLPWTS SUNSET U-C 291 $89,932 182 $46,911 294 $590,319 $727461
ICC Tax Act#7227801079
--LOT ‘A’CITY CF KENTON LOT UNE ADASSTRIENT NO LISA 13-00 L114 RECORDING NO 20131002980011 -PORTION CF BLOCK 35 OF COKRECED FLAT OF KENTON H IOHLANOS NO 2 (BEING A PORTIOP
Legal Description:CF nn’0Th NW OW Sm 09-23-os:
Parcel #6 CflYOF RENTON 0 $0 0 $0 258 $519,072 $519,072
ICC Tax Act 4 7227801065
-LOT ‘B’CITY OF KENTON LOT LINE ADJUSTMENT NO LUA 13-001114 RECORONG NO 20131002900011-PORTION OF BLOCK 3SA CORRECTED FLAT OF KENTON HIGHLANO5 NO 2 (BEING A PORTION OF
Legal DescrIption:NW QTR NW Sm 09-23-os:
Parcel 67 100 $30,904 0 $0 0 $0 $30,904
ICC Tax Act 4
PORTION OF BLOCK 39 RENTON HIGHLANDS *2 CORRECT FLAT &FOR VAC ST ADJ LESS SWLY 125 FT CF SELY 90 FT LESS FOR OAF BEG MOST ELY COR SD BLK TH SWLY ALG NWLV MGN SUNSET BLVE
Legal Description:13&DO FTTH N 84-18-00W 2109 FTTh N 5418-00W 165.90 FTTH N 01-0245 E 3892 FTTAP ON NWLY MSII SAC 13Th FL N Th NELYALG SO MON 19(1.65 ETTO NXN/W SWLY MON K ST TM SKEY AU
SD MON TO FOB
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Parcel #8 R’1TONHOUSINGAUTHORJW 180 $55,628 175 $65,106 175 $351,512 $452,245
KC Tax Act4 7227801785
LOT2OF Cry Of REN1ON LOTt NE30J P90003-fl RECCPWfIS NO £834219003 -SD WT03F -fOR TRACT 466 TOW AU WAtT 46C TOW ALLI1 4OTGW fOR PUBLIC USEAREA TGW POR WAd
Legal Description:HARRINGEON PIACENE Of CcTa)flflCE RERITON H GHLANDSPIG 2COMM SW COR LOT19 BLK 4430 FLAT TH 503-3547W ALG E MGNOf HARRINGT4AVEPE 2&OCflTO INThNOF (401
WC STCOPEJYED TO Ofl CE RRRTON RENFON KSHLANDS 82 CORRECT FLAT
Parcel 49 R&1TON HOUSINGNJTF6ORJTY 288 $89,005 184 $47,426 190 $381,551 $517,992
ICC Tax Act$TO BE DEWRMNED
Legal Description:PARCELS Of CITY OF RENTON SUNSET LANE LOT UNEACJUSTMENT
Parcel#10 RENTON HOUSING AUTHORITY 106 $32,759 0 $0 0 $0 $32,759
1062 GLENNW000 AVE NE RENTON WA 98056
ICC Tax Act N 7227931315
Legal Description:LOT El,BLOCK 41 REP9TON HIGHIANDS#2 CORRRCT FLAT
Parcel 411 JOHNSPETERSON IOC $30,904 0 $0 0 $0 $30,904
1130 GLEN WWOOD AVE NE RENTON WA 98056
ICC Tax Act 4 7227931326
Legal Description:LOT 12,BLOCK 41 NENrON F*GHLAPWS#2 CET FLAT
Parcel 4 12 ROGERWTHOMAS 30 $9,271 0 $0 0 $0 $9,271
1140 GLEN WWODD AVE NE RENTON WA 98056
ICC Tax Act 4 7227301325
Legal Description:LOT 13,BLOCK 41 RENTON F*GHIANBS#2 COCT FLAT
Parcel #13 JAN HVLSSER 98 $30,286 0 $0 0 $0 $30,286
U3LGLENUW000 AVE NE RENTON WA 98056
KCTaxAct 7227901385
Legal Description:LOT 11,BLOCK 42 RENTDN HIGFSANDS#2 C0CT FLAT
Parcel #14 IRENEO V &SUSAN M LALANGAN 95 $29,359 0 50 0 $0 $29,359
1123 GLENNW000 AVE NE RENTON WA 99056
ICC Tax Act 4 7227901396
Legal Description:LOT 12,BLOCK 42 RIPErON HIGFNANDS#2 CORRECT FLAT
Parcel #15 SHARON A BARKER 103 $31,832 0 $0 0 $0 $31,832
1063 GLENNWOOD AVE NE RENTON WA 98056
ICC Tax Act 4 7227601395
Legal Description:LOT 13,BLOCK 42 REfIrON HIGHLANDS #2 CORRECT FLAT
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON , REPEALING CHAPTER
3-5, AND AMENDING SECTIONS 2-4-1, 2-4-2, 2-4-3, 4-3-050, 4-4-080, 4-4-110, 4-
5-020, 4-5-070, 4-5-120, 4-5-130, 4-6-030, 4-8-060, 4-9-110, 4-9-240, 4-11-060,
4-11-080, 5-3-2, 5-12-5, 5-22-2, 8-4-35, 9-3-2 AND 9-11-2 OF THE RENTON
MUNICIPAL CODE, TO REFLECT THE RENTON REGIONAL FIRE AUTHORITY’S
ROLE IN PROVIDING FIRE AND EMERGENCY SERVICES AND TO ADOPT BY
REFERENCE AND AMEND THE MOST RECENT EDITION OF THE INTERNATIONAL
FIRE CODE THAT WAS ADOPTED BY THE WASHINGTON STATE BUILDING
COUNCIL, WHERE SUCH AMENDMENTS INCLUDE BUT ARE NOT LIMITED TO
REQUIRING OPERATIONAL PERMITS FOR MOBILE FOOD FACILITIES, UPDATING
AND CLARIFYING DEFINITIONS, UPDATING OUTDATED REFERENCES, AND
CLARIFYING THE PENALTY FOR VIOLATION OF THE CITY’S EXISTING
PROHIBITION OF FIREWORKS; AND ESTABLISHING AND EFFECTIVE DATE OF
JULY 1, 2016.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Sections 2-4-1, Creation of Civil Service Commission; 2-4-2, Authority; and
2-4-3, Function, of Chapter 4, Civil Service Commission, of Title II (Commissions and Boards) of
the Renton Municipal Code, are amended as follows:
2-4-1 CREATION OF CIVIL SERVICE COMMISSION:
There is hereby created the Police and Fire Civil Service Commission.
2-4-2 AUTHORITY:
The Police and Fire Civil Service Commission is established under the authority of
RCW 35A.11.020.
2-4-3 FUNCTION:
The Police and Fire Civil Service Commission shall have power to make such rules
and regulations as are necessary to effectuate the purposes of Chapters 41.08
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
2
and 41.12 RCW. The Commission shall also have the power to make rules and
regulations governing the Commission in the conduct of its meetings and any
other matter over which it has authority. Any police civil service rules and
regulations or fire civil service rules and regulations in effect as of the adoption
of this Chapter are hereby confirmed as the present fire civil service or police
civil service rules and regulations
SECTION II. Chapter 5, Fire and Emergency Services Department, of Title III
(Departments and Officers) of the Renton Municipal Code, is repealed in its entirety.
SECTION III. Subsection 4-3-050.G.8.b.vi(a)(2)(A)(iii) of Chapter 3, Environmental
Regulations and Overlay Districts, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
(iii) Hazardous materials stored outdoors and their
attendant secondary containment devices shall be covered to preclude
precipitation with the exception of hazardous materials stored in tanks that have
been approved by and are under permit from the City of Renton Fire Prevention
Bureau Fire Department. Secondary containment for such tanks, if uncovered,
shall be able to accommodate the volume of precipitation that could enter the
containment device during a twenty four (24) hour, twenty five (25) year storm,
in addition to the volume of the hazardous material stored in the tank.
SECTION IV. Subsection 4-4-080.F.6.d, Surfacing and Construction Requirements, of
Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of
the Renton Municipal Code is amended as follows:
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
3
d. Surfacing and Construction Requirements: Fire lanes shall be an all
weather surface constructed of asphalt or reinforced concrete certified designed
to be capable of supporting a twenty thirty (20 30) ton fire apparatus vehicle.
SECTION V. Subsection 4-4-110.D.7.c, Emergency Vehicle Access, of Chapter 4, City-
Wide Property Development Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
c. Emergency Vehicle Access: When on-site emergency access is
required for fire or other emergency equipment, a th rough route shall be
provided and maintained in a free and open condition at all times, with an exit
from the lot different from the entrance and separated by at least three hundred
feet (300') when not on opposite sides of the lot. Any fire or emergency access,
including but not limited to this subsection, shall conform with the
recommendations of the Renton Fire Department and together with a traffic
flow pattern, when required, shall be clearly defined on a site plan.
SECTION VI. Subsection 4-4-110.D.12.e, Fire Suppression System Standards, of
Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
e. Fire Suppression System Standards: On-site fire suppression
systems shall be fully automatic with manual overrides from at least two (2)
locations outside the barrier. The fire suppression system shall be connected to
central dispatch of the City of Renton Fire Department by means of a remote
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
4
station protecting signaling system, in accordance with the specifications of the
National Fire Code, Volume 7, of the National Fire Protection Association.
SECTION VII. Subsection 4-5-020.B, Fire Department Duty, of Chapter 5, Building and
Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
1. Bureau of Fire Prevention Established: The Uniform International Fire
Code shall be enforced by the Bureau of Fire Prevention in the Fire Department
of the City which shall be operated under the supervision of the Chief of the Fire
Department pursuant to interlocal agreement and Renton Municipal Code
Section 2-21-2.
2. Appointment of Fire Marshal: The Fire Marshal in charge of the
Bureau of Fire Prevention shall be appointed by the Fire Chief of the City. His
appointment shall continue during good behavior and satisfactory service.
3. Report Required: A report of the Bureau of Fire Prevention shall be
made at least annually and transmitted to the Mayor and City Council of the City.
This report shall contain, among others, all proceedings under this Code, with
such statistics as the Chief of the Fire Department may wish to include therein.
The Chief of the Fire Department shall also recommend any amendments to the
Code, which in his judgment shall be necessary.
4. Appointment of Inspectors by Fire Chief: The Chief of the Fire
Department may appoint such members of the Fire Department as inspectors as
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shall from time to time be necessary in order to carry out and enforce the terms
and conditions of the Fire Code.
SECTION VIII. Section 4-5-070, International Fire Code and Fire Prevention Regulations,
of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
4-5-070 INTERNATIONAL FIRE CODE AND FIRE PREVENTION REGULATIONS:
A. PURPOSE:
The following provisions and regulations are adopted as part of the City’s fire
prevention program to abate existing fire hazards, to investigate the cause,
origin and circumstances of fires, to inspect potential fire hazards, to control the
means and adequacy of the construction and safety of buildings in case of fires,
within commercial, business, industrial or manufacturing areas and all other
places in which numbers of persons work, meet, live or congregate, as
hereinafter more particularly set forth.
B. ADOPTION OF FIRE CODE AND STANDARDS:
The City does hereby adopt the 2012 2015 International Fire Code pursuant
to Chapter 51-54A of the Washington Administrative Code and Appendices B and
H published by the International Code Council, by reference as provided by State
law, with the amendments, additions, deletions or exceptions as noted herein.
C. AMENDMENTS, ADDITIONS, AND DELETIONS TO THE FIRE CODE:
1. Subsection 101.1, Title, of the International Fire Code, 2012 2015
Edition, is hereby amended to read as follows:
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101.1 Title. These regulations shall be known as the Fire Code of the
City of Renton, hereinafter referred to as “this code.” Any references to “this
jurisdiction” shall be references to the City of Renton, Washington.
2. Subsection 101.2, Scope, of the International Fire Code, 2012 2015
Edition, is hereby amended by adding a new subsection 6, to read as follows:
6. Matters related to preparedness for natural or manmade disasters.
3. Subsection 102.7, Referenced codes and standards, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
102.7 Referenced codes and standards. The codes and standards
referenced in this code shall be those that are listed in Chapter 80, except
the phrase “Electrical Code adopted by the City of Renton” shall be
substituted for all references to the NFPA 70 -11 14 National Electrical Code.
Such codes and standards shall be considered part of the requirements of
this code to the prescribed extent of each such reference as determined or
modified by the Fire Code Official. In the event the referenced codes are
inconsistent with this code, this code shall apply. and as further regulated in
Sections 102.7.1 and 102.7.2.
4. Subsection 103.1, General, of the International Fire Code, 2012 2015
Edition, is hereby amended to read as follows:
103.1 General. All references in this code to the “department of fire
prevention within the jurisdiction” shall be synonymous with the Fire and
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Emergency Services Department under the direction of the Fire Code Official.
The function of the department shall be the implementation, administration
and enforcement of the provisions of this code.
5. Subsection 103.3, Deputies, of the International Fire Code, 2012 2015
Edition, is hereby amended by changing the title to “Fire Marshal
/Deputy(ies)/Assistant(s),” and to read as follows:
103.3 Fire Marshal/Deputy(ies)/Assistant(s). In accordance with
prescribed procedures of this jurisdiction, the Fire Code Official shall have
the authority to appoint a Fire Marshal, Deputy Fire Marshal(s) and/or
Assistant Fire Marshal(s), other related technical officers, inspectors and
other employees.
6. Section 103.4.1, Legal defense, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
103.4.1 Legal defense. The administrative authority or aAny
employee performing duties in connection with the enforcement of this code
and acting in good faith and without malice in the performance of such
duties shall be relieved from any personal liability for any damage to persons
or property as a result of any act or omission in the discharge of such duties,
and in the event of claims and/or litigation arising from such act or omission,
the City Attorney shall, at the request of and on behalf of said administrative
authority or employee, investigate and defend such claims and/or litigation
and if the claim be deemed by the City Attorney a proper one or if judgment
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be rendered against such administrative authority or employee, said claim or
judgment shall be paid by the City. This subsection applies only to
employees that are paid by and work directly for the City of Renton. It does
not apply to those working for other entities, including the Renton Regional
Fire Authority.
7. Subsection 104.1, General, of the International Fire Code, 2012 2015
Edition, is hereby amended by adding a new subsections, to read as follows:
104.1.1 Discretionary authority. The Fire Chief/Emergency Services
Administrator, Fire Marshal, Deputy and/or Assistant Fire Marshal(s) and
Inspectors assigned to the Fire Department Community Risk Reduction
section shall have the authority and discretion to enforce this code.
104.1.2 Ministerial authority. Members of the Fire and Emergency
Services Department who are not assigned to the Community Risk Reduction
section of the department shall exercise authority as designated by the Fire
Chief/Emergency Services Administrator in department policy or as described
in this code.
8. Subsection 104.10.1, Assistance from other agencies, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
104.10.1 Assistance from other agencies. Police and other
enforcement agencies shall have authority to render necessary assistance in
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the investigation of fires or the enforcement of this code as requested by the
Fire Code Official or his/her designee.
9. Subsection 104.11.2, Obstructing operations, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
104.11.2 Obstructing operations. No person shall obstruct the
operations of the Fire and Emergency Services Department in connection
with extinguishment, control, or investigation of any fire or actions relative
to other emergencies, or disobey any lawful command of the fire chief or
officer of the Fire and Emergency Services Department in charge of the
emergency, or any part thereof, or any lawful order of a police officer
assisting the Fire and Emergency Services Department.
10. Subsection 105.1.1, Permits required, of the International Fire Code,
2012 2015 Edition, is hereby amended by adding a new subsection, to read as
follows:
105.1.1.1 Operational permit fees. The fee for permits issued in
accordance with Subsection 105.6 of the International Fire Code and permits
issued for underground tank removal shall be as stipulate d in the City of
Renton Fee Schedule Brochure. Fees for tank storage shall be assessed for
each individual tank.
Exception: Permit fees for Class IIIB liquid storage shall be assessed
for each tank up to a total of five tanks, and no additional fee shall be
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charged for the sixth through the tenth tank. The eleventh tank and each
subsequent tank of Class IIIB liquids shall be assessed per tank.
The permits shall expire one (1) year after date of issuance or as
otherwise noted on the permit. The permit fee shall be payable at or before
the time of issuance or renewal of the permit. In the event of failure to remit
payment for an operational permit within thirty (30) days after receipt of
application or renewal notice, the fee for the permit shall be double th e
amount of the above-stated fee.
11. Subsection 105.3.2, Extensions, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
105.3.2 Extensions. A permittee holding an unexpired permit shall
have the right to apply for an extension of the time within which the
permittee will commence work under that permit when work is unable to be
commenced within the time required by this section for good and
satisfactory reasons. The Fire Code Official is authorized to grant, in writing,
one (1) or more extensions of the time period of a permit for periods of not
more than one hundred eighty (180) days each. Such extensions shall be
requested by the permit holder in writing and justifiable cause
demonstrated.
12. Subsection 105.4.1, Submittals, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding new subsections, to read as follows:
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105.4.1.2 Construction plan review. Plans shall be submitted for
review and approval prior to issuing a permit for work set forth in
Subsections 105.7.1 through 105.7.16. 105.7.18.
105.4.1.3 Plan review and construction fees. Construction plans
required to be reviewed by this Chapter and the International Fire Code shall
be charged in accordance with the City of Renton Fee Schedule Brochure.
13. Subsection 105.6.16, Flammable and combustible liquids, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
105.6.16 105.6.17 Flammable and combustible liquids. An
operational permit is required:
1. To use or operate a pipeline for the transportation within
facilities of flammable or combustible liquids. This requirement shall not
apply to the off-site transportation in pipelines regulated by the Department
of Transportation (DOT) nor does it apply to piping systems.
2. To store, handle or use Class I liquids in excess of 5 gallons (19L)
in a building or in excess of ten (10) gallons (37.9L) outside of a building,
except that a permit is not required for the following:
2.1. The storage or use of Class I liquids in the fuel tank of a
motor vehicle, aircraft, motorboat, mobile power plant or mobile heating
plant unless such storage, in the opinion of the Fire Code Official, would
cause an unsafe condition.
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2.2 The storage or use of paints, oils, varnishes or similar
flammable mixtures when such liquids are stored for maintenance, painting
or similar purposes for a period of not more than thirty (30) days.
3. To store, handle or use Class II or Class IIIA liquids in excess of
twenty-five (25) gallons (95L) in a building or in excess of sixty (60) gallons
(227L) outside a building, except for fuel oil used in connection with oil -
burning equipment in single-family and duplex dwellings.
4. To store, handle or use Class IIIB liquids in tanks or portable
tanks for fueling motor vehicles at motor fuel-dispensing facilities or where
connected to fuel-burning equipment.
Exception: Fuel oil and used motor oil used for space heating or
water heating in single-family or duplex dwellings.
5. To remove Class I or II liquids from an underground storage
tank used for fueling motor vehicles by any means other than the approved,
stationary on-site pumps normally used for dispensing purposes.
6. To operate tank vehicles, equipment, tanks, plants, terminals,
wells, fuel-dispensing stations, refineries, distilleries and similar facilities
where flammable and Class II, IIIA or IIIB combustible liquids are produced,
processed, transported, stored, dispensed or used.
7. To place temporarily out of service (for more than ninety (90)
days) an underground, protected above-ground or above-ground flammable
or combustible liquid tank.
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8. To change the type of contents stored in a flammable or
combustible liquid tank to a material that poses a greater hazard than that
for which the tank was designed and constructed.
9. To manufacture, process, blend or refine flammable or
combustible liquids.
10. To engage in the dispensing of liquid fuels into the fuel tanks
of motor vehicles at commercial, industrial, governmental or manufacturing
establishments.
11. To utilize a site for the dispensing of liquid fuels from tank
vehicles into the fuel tanks of motor vehicles, marine craft and other special
equipment at commercial, industrial, governmental or manufacturing
establishments.
14. Subsection 105.6.23, 105.6.24, Hot work operations, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
105.6.23 105.6.24 Hot works operations. An operational permit is
required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot work is
conducted.
2. Use of portable hot work equipment inside a structure.
Exception deleted.
3. Fixed-site hot work equipment such as welding booths.
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4. Hot work conducted within a wildfire risk area.
5. Application of roof coverings with the use of an open-flame
device.
6. When approved, the Fire Code Official shall issue a permit to
carry out a hot work program. This program allows approved personnel to
regulate their facility’s hot work operations. The approved personnel shall be
trained in the fire safety aspects denoted in this Chapter and shall be
responsible for issuing permits requiring compliance with the requirements
found in Chapter 35. These permits shall be issued only to their employees or
hot work operations under their supervision.
15. Subsection 105.6.34, 105.6.36 Places of Assembly, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding a new
subsection, to read as follows:
105.6.34.1 105.6.36.1 Temporary place of assembly/special event
permit. An operational permit is required for any special event where three
hundred (300) or more people will congregate, either outdoors or indoors, in
other than a Group A Occupancy.
16. Subsection 105.6, Required operational permits, of the International
Fire Code, 2015 Edition, is hereby amended to add a new subsection to read as
follows:
105.6.49 Mobile Food Facilities. An operational permit is required to
operate a mobile food facility.
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16.17. Subsection 105.7.9, 105.7.10 Hazardous materials, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
105.7.9 105.7.10 Hazardous materials. A construction permit is
required to install, repair damage to, abandon, remove, place temporarily
out of service, or close or substantially modify a storage facility, tank, or
other area regulated by Chapter 50 when the hazardous materials in use or
storage exceed the amounts listed in Table 105.6.20. 105.6.21.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis,
application for permit shall be made within two (2) working days of
commencement of work.
17.18. Subsection 107.1, Maintenance of safeguards, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding a new
subsection, to read as follows:
107.1.1 Malfunctioning alarm fee. Whenever an alarm system is
activated due to a malfunction and the Fire and Emergency Services
Department is dispatched, a report of the false alarm will be recorded for the
building or area affected. For the first, second and third false alarm within a
calendar year, no fee will be assessed. For every false alarm caused by a
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malfunction of the alarm beyond the third false alarm a fee will be assessed
as per the City of Renton Fee Schedule Brochure.
18.19. Subsection 108.1, Board of appeals established, of the
International Fire Code, 2012 2015 Edition, is hereby amended by changing the
title to “Hearing Examiner,” and amended to read as follows:
108.1 Hearing Examiner. In order to hear and decide appeals of
orders, decisions or determinations made by the Fire Code Official relative to the
application and interpretation of this code, the Hearing Examiner process
established by the City of Renton as set forth in RMC 4-8-110, shall have
authority.
19.20. Subsection 108.3, Qualifications, of the International Fire Code,
2012 2015 Edition, is hereby deleted.
20.21. Subsection 109.3, Notice of violation, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
109.3 Notice of violation. When the Fire Code Official finds a
building, premises, vehicle, storage facility or outdoor area that is in violation
of this code, the Fire Code Official is authorized to prepare a written notice of
violation describing the conditions deemed unsafe and, when compliance is
not immediate, specifying a time for reinspection.
21.21. Subsection 109.3.1, Service, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding new subsections, to read as follows:
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109.3.1.1 Reinspection. Whenever the Fire and Emergency Services
Department has given notification of a violation that required a reinspection
and thirty (30) days have expired with such condition or violation still in
existence, a “Subsequent Reinspection” will be required.
109.3.1.2 Reinspection Fee. Any Subsequent Reinspection, after the
original thirty (30) days period of time, shall require the payment of a
reinspection fee as specified in the City of Renton Fee Schedule Brochure, to
be assessed against the person owning, operating or occupying the building
or premises wherein the violation exists. This reinspection fee must be paid
within ten (10) days of the notice for the reinspection. However, any building
owner, operator or occupant, upon a reasonable request to the Fire Code
Official, may obtain an extension of said thirty (30) day period for a
reasonable period to be established by the Fire Code Official to allow such
time for compliance. The request for an exten sion must be received by the
Fire and Emergency Services Department prior to the expiration of the
original reinspection date.
22.23. Subsection 109.3.2, Compliance with orders and notices, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding a new
subsection, to read as follows:
109.3.2.1 Notice and Responsibility. Whenever the infraction,
condition or violation involves the structural integrity of the building, then
the notice of the infraction, condition or violation shall be sent to both the
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building owner and its occupant or occupants. Should compliance with the
fire code so as to remedy the infraction, condition or violation require
additions or changes to the building or premises, which would be part of the
structure or the fixtures to the realty, then the responsibility to remedy the
infraction, condition, or violation shall be upon the owner of the building
unless the owner and occupant shall otherwise agree between themselves
and so notify the City. Should the occupant not remedy the infraction,
condition, or violation, then the City shall have the right to demand such
remedy from the owner of the premises.
23.24. Subsection 109.4, Violation Penalties, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
109.4 Violation Penalties. Persons who shall violate a provision of
this code or shall fail to comply with any of the requirements thereof or who
shall erect, install, alter, repair or do work in violation of the approved
construction documents or directive of the Fire Code Official, or of a permit
or certificate used under provisions of this code, shall be guilty of a
misdemeanor and subject to the penalties in RMC 1 -3-1, except as provided
in RMC 4-5-070.C.43 and 100. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
24.25. Subsection 111.4, Failure to comply, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
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111.4 Failure to comply. Any person who shall continue any work after
having been served with a stop work order, except such work as that person is
directed to perform to remove a violation or unsafe condition, shall be guilty
of a misdemeanor, subject to RMC 1-3-1.
25.26. Section 202, General Definitions, of the International Fire Code,
2012 2015 Edition, is hereby amended by changing the definitions of “Fire Chief”
and “Fire Code Official” to read as follows:
FIRE CHIEF/EMERGENCY SERVICES ADMINISTRATOR. The
administrator charged with the overall direction and oversight of the City of
Renton’s emergency services including community risk reduction, fire/rescue
services, emergency medical services and emergency management, and shall
include aAll references in this code to the “fire chief.” shall mean the Fire
Chief or chief administrative officer of the Renton Regional Fire Authority, or
a duly authorized representative.
FIRE CODE OFFICIAL. The Fire Chief/Emergency Services
Administrator, who shall be the chief law enforcement officer with respect to
this code.
26.27. Section 202, General Definitions, of the International Fire Code,
2012 2015 Edition, is hereby amended by adding the following definitions:
AUTOMATED EXTERNAL DEFIBRILLATOR (AED). An automated
external defibrillator (AED) is a portable automatic device used to restore
normal heart rhythm to patients in cardiac arrest.
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MOBILE FOOD FACILITY. Permanent and nonpermanent food
operation vehicles that store, prepare, package, serve, vend, or otherwise
provide food for human consumption, on or off the premises.
SHALL. The word “shall” is defined to have the following meaning:
a. With respect to the functions and powers of the Fire Code
Official, any agents and employees of the City of Renton, and any Board
authorized hereunder, a direction and authorization to act in the exercise of
sound discretion and in good faith; and
b. With respect to the obligations upon owners, occupants of the
premises and their agents, there is a mandatory requirement to act in
compliance with this code at the risk of civil and criminal liability upon failure
to so act.
SKY LANTERN. Miniature, unmanned air balloon that relies on an
open flame as a heat source to heat the air inside the lantern with the
intention of causing it to lift into the atmosphere. Typically made of rice
paper, and has a fuel cell in the opening.
SPECIAL EVENT. For the purposes of this code, events that have large
occupant loads or create a potential hazard to the participants or the
community shall be defined as a “special event” including:
a. Any event that occurs in a permitted place of assembly that
introduces a hazard regulated by this code and not approved at the time of
the issuance of the Place of Assembly Permit.
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b. Any event with an occupant load that exceeds three hundred
(300) in a location that does not have a Place of Assembly Permit.
c. All temporary places of assembly.
TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as
“Assembly Group A” that is used for activities normally restricted to assembly
occupancies and limited to a period of less than thirty (30) calendar days of
assembly use.
27.28. Subsection 307.1, General, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
307.1 General. Open burning is hereby prohibited in conformance
with the Puget Sound Clean Air Agency and the Department of Ecology
regulations.
28.29. Subsection 307.2, Permit required, of the International Fire Code,
2012 2015 Edition, is hereby deleted.
29.30. Section 308, Open Flames, of the International Fire Code, 2012
2015 Edition, is hereby amended to add a new subsection 308.5, Sky Lanterns, to
read as follows:
308.5 Sky Lanterns. The lighting and/or release of sky lanterns or like
materials shall be prohibited in the City of Renton.
30.31. Subsection 314.4, Vehicles, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
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314.4 Vehicles. Liquid or gas-fueled vehicles, fueled equipment, boats
or other motor craft shall not be located indoors except as follows:
1. Batteries are disconnected.
2. Fuel in fuel tanks does not exceed one-quarter (1/4) tank or five
(5) gallons (19 L) (whichever is least).
3. Fuel tanks and fill openings are closed and sealed to prevent
tampering.
4. Vehicles, boats, other motor craft equipment, and fueled
equipment are not fueled or defueled within the building.
31.32. Subsection 401.3, Emergency responder notification, of the
International Fire Code, 2012 2015 Edition, is hereby amended by changing the
title to “Emergency services notification,” and to read as follows:
401.3 Emergency services notification. In the event an unwanted fire,
medical emergency, or hazardous material release occurs on a property, the
owner or occupant shall immediately report such condition to the Fire and
Emergency Services Department. Building employees and tenants shall
implement the appropriate emergency plans and procedures. No person
shall, by verbal or written directive, require any delay in the reporting of a
fire, medical emergency, or hazardous material release to the Fire and
Emergency Services Department.
401.3.1 Making false report. It shall be unlawful for a person to give,
signal, or transmit a false alarm.
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401.3.2 Alarm activations. Upon activation of a fire alarm signal,
employees or staff shall immediately notify the Fire and Emergency Services
Department.
401.3.3 Emergency evacuation drills. Nothing in this section shall
prohibit the sounding of a fire alarm signal or the carrying out of an
emergency evacuation drill in accordance with the provisions of Section 405.
32.33. Subsection 408.2, 403.2, Group A occupancies, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding new
subsections to read as follows:
408.2.3 403.2.5 Automated External Defibrillators (AED). Group A-1
through A-5 occupancies and special events, with an occupancy load or event
of three hundred (300) or more persons, shall have available and maintain an
AED on the premises.
408.2.3.1 403.2.5.1 Placement. The location of the AEDs shall be as
determined by the Fire Code Official with a one way travel distance not to
exceed six hundred (600) feet.
408.2.3.2 403.2.5.2 Notification. The Fire and Emergency Services
Department shall be notified in writing of the installation and location of an
AED on the premises.
408.2.3.3 403.2.5.3 AED Maintenance. AEDs shall be maintained as
per the manufacturer’s requirements.
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408.2.3.4 403.2.5.4 Automated External Defibrillator (AED) Training.
Where AEDs are required by this code, employees shall be trained in the use
of and be familiar with the locations of the AEDs.
33.34. Subsection 408.5, 403.8.1 Group I-1 occupancies, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
408.5 403.8.1 Group I-1 occupancies. Group I-1 occupancies shall
comply with the requirements of Subsections 408.5.1 403.8.1.1 through
403.8.1.7. 408.5.5, Sections 401 through 406 and Subsections 408.12 through
408.12.8.
34.35. Subsection 408.6, 403.8.2 Group I-2 occupancies, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
408.6 403.8.2 Group I-2 occupancies. Group I-2 occupancies shall
comply with the requirements of Subsections 408.6.1 403.8.2.1 through
408.6.2, 403.8.2.3, 401, 404 through 406, Sections 401 through 406 and
Subsections 408.12 403.13 through 408.12.8. 403.13.8. Drills are not
required to comply with the time requirements of Subsection 405.4.
35.36. Subsection 408.7, 403.8.3 Group I-3 occupancies, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
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408.7 403.8.3 Group I-3 occupancies. Group I-3 occupancies shall
comply with the requirements of Subsections 408.7.1 403.8.3.1 through
408.7.4, 403.8.3.4. Sections 401 through 406 and Subsections 408.12 through
408.12.8.
36.37. Section 408, 403 Use and Occupancy-Related Requirements,
Emergency Preparedness Requirements, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding a new subsection to read as follows:
408.12 403.13 Boarding homes and residential care facilities (I-1, I-2,
I-3, R-2 and R-4 occupancies). Facilities classified as nursing homes by
Washington State Administrative Code subsection 388-97-0001 shall comply
with Subsections 408.12.1 through 408.12.8. Facilities classified as boarding
homes by Washington State Administrative Code subsection 388-78A-2020
shall comply with Subsections 408.12.1 through 408.12.5 for those residents
who are unable to care for themselves because of special needs due to
health or age. Boarding homes shall comply with Subsections 408.12.6
through 408.12.8 regardless of the capabilities of their residents. R-2 and R-4
occupancies that do not fall under the State definition of boarding homes
(Washington Administrative Code subsection 388-78A-2020) are exempt
from requirements under Subsection 408.12.
408.12.1 403.13.1 Receiving facilities. The fire safety, emergency and
evacuation plans must include memoranda of understanding (MOU) with
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appropriate facilities that can receive residents with special needs if the host
facility must be evacuated.
408.12.2 403.13.2 Transportation agreements. The fire safety,
emergency and evacuation plans must include memoranda of understanding
(MOU) with transportation companies or services to provide sufficient
transportation resources for residents with special needs and their attending
staff in the event of an evacuation.
408.12.3 403.13.3 Residential tracking. The fire safety, emergency
and evacuation plans must include provisions for tracking residents with
special needs in the event of an evacuation. The facility must be able to
account for each resident’s method of transportation and destination
including residents who are picked up by non-staff members, even if a
transfer of care occurs after the resident’s arrival at a secondary facility.
408.12.4 403.13.4 Medications and medical equipment. The fire
safety, emergency and evacuation plan must include provisions for
transporting medications and essential medical equipment for residents to
the receiving location in the event of an evacuation.
408.12.5 403.13.5 Access to patient medical records. Staff must have
access to patient medical records and information in the event of a disaster
or emergency. It is the responsibility of the facility operators to arrange for
secure records storage to access vital medical records even if residents or
patients have been evacuated to a secondary facility.
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408.12.6 403.13.6 Emergency communications. The facility must
maintain the ability to receive emergency warnings and public information
messages even during a power outage. A NOAA weather radio along with a
battery operated AM/FM radio provides sufficient warning and information
capability to meet this requirement. The facility must have an emergency
communications plan to communicate with off-site staff to inform them of
the facility’s status, evacuations, or a need for increased staffing levels if
normal modes of communication are not operational. The emergency
communications plan will also address communication with the families of
residents regarding residents’ status, location and safety when the resident is
unable to carry out communications on their own.
408.12.7 403.13.7 Environment. The facility must have a plan and
readily accessible provisions to maintain a safe temperature environment
and adequate ventilation for residents in the event of a utility or equipment
outage. The facility must also provide non-flame sources of lighting sufficient
to keep residents safe when moving around the facility. Candles or other
flame sources of heat and light are not approved due to the increased risk of
fire.
408.12.8 403.13.8 Supplies. The facility must have a minimum of a
three (3) day supply of non-perishable food, water, medical, hygiene,
sanitation and other supplies necessary to provide a safe environment and
sustain the life, health, and comfort of the residen ts and the staff that care
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for them. All supplies must fit the dietary and medical needs of residents and
staff. The supplies should also be transported to the receiving facility during
an evacuation if the availability of the necessary supplies cannot be
guaranteed at the secondary location.
Exception: If there is backup power for refrigeration, the three (3)
days’ supply of food may be stored in any form.
37.38. Subsection 503.1, Where required, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided
and maintained in accordance with Subsections 503.1.1 through 503.2.
38.39. Subsection 503.1.2, Additional access, of the International Fire
Code, 2012 2015 Edition, is hereby amended to add a new subsection, to read as
follows:
503.1.2.1 Two means of access. Two (2) means of approved access
shall be required when a complex of three (3) or more buildings is located
more than two hundred feet (200') from a public road. (RMC 4-6-060.H.5)
39.40. Subsection 503.2, Specifications, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed
and arranged in accordance with RMC 4-4-080 and 4-6-060.
AGENDA ITEM # 8. c)
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40.41. Subsection 503.4, Obstruction of fire apparatus access roads, of
the International Fire Code, 2012 2015 Edition, is hereby amended by adding a
new subsection, to read as follows:
503.4.1 Enforcement. The Fire and Emergency Services Department
may issue non-traffic citations to vehicles parked in a fire lane or blocking a
fire hydrant in accordance with the Bail Schedule established by Renton
Municipal Court. The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
41.42. Subsection 505.1, Address numbers, of the International Fire
Code, 2012 2015 Edition, is hereby amended by adding new subsections, to read
as follows:
505.1.1 Identification size. In order that the address identification is
plainly visible, the following minimum sizes, figures or numbers, in block style
in contrasting color shall be used in accordance with the following:
1. Single-family residential houses – four inches (4").
2. Multi-family residential, commercial, or small business: fifty
feet (50') or less setback – six inches (6"); more than fifty feet (50') setback –
ten inches (10").
3. Large commercial or industrial areas: one hundred feet (100')
or less setback – eighteen inches (18"); more than one hundred feet (100')
setback – twenty-four inches (24").
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505.1.2 Rear Door Marking. When vehicle access is provided to the
rear of commercial, industrial and warehouse buildings, the rear doors
servicing individual businesses shall be marked to indicate address and/or
unit identification with letters or numbers at least four inches (4") high.
505.1.3 Suite numbers. Buildings consisting of separate suites with
the same building address shall have their suite number marked so that the
suite is readily identifiable and the numbers or letters sized as per Subsection
505.1.1.
Exception: Suites located on an interior hall or corridor shall have
lettering at least one inch (1") high.
42.43. Subsection 507.5.1, Where required, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
507.5.1 Where required. Where a portion of the facility or building
hereafter constructed or moved into or within the jurisdiction is more than
one hundred fifty feet (150') from a hydrant on a fire apparatus access road,
as measured by an approved route around the exterior of the facility or
building, on-site fire hydrants and mains shall be provided where required by
the Fire Code Official.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance
requirement shall be three hundred feet (300').
2. Deleted.
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43.44. Section 510, Emergency Responder Radio Coverage, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
510.1 Purpose. The purpose of this section is to provide minimum
standards to ensure a reasonable degree of reliability for emergency services
communications from within certain buildings and structures within the City
to and from emergency communications centers. It is the responsibi lity of
the emergency service provider to get the signal to and from the building
site.
510.2 Applicability. This section applies to new construction permits
issued after the effective date of this section. A Certificate of Occupancy shall
not be issued to any structure if the building fails to comply with this section.
510.3 Building radio coverage. Except as otherwise provided, no
person shall maintain, own, erect, or construct any building or structure or
any part thereof, or cause the same to be done which fails to support
adequate radio coverage for City emergency services workers, including but
not limited to firefighters and police officers. For purposes of this section,
adequate radio coverage shall mean that the in-building radio coverage is
sufficient to pass the testing procedures set forth in this section. Permits to
install any In-Building Radio System will require a construction permit issued
by the City of Renton Development Services Division. Fire Department.
510.4 Exceptions. This section shall not apply to the following:
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510.4.1 Existing buildings or structures unless undergoing
renovation.
510.4.2 Single-family and duplex residential buildings.
510.4.3 Structures that are fifty thousand (50,000) square feet in
size or less without subterranean storage or parking. The subterranean areas
shall not be exempt from these requirements.
510.4.4 Wood-constructed residential structures four (4) stories
or less without subterranean storage or parking.
510.4.5 Buildings constructed prior to the implementation of this
section shall not be required to comply with public safety radio coverage
provisions of this section. However, should exempted structures undergo
renovations, restoration, significant modifications or provide an addition in
area greater than twenty percent (20%) of the footprint of the original
structure, exemption from the provisions of this section shall not apply.
510.5 Adequate radio coverage. Minimum signal strength of three (3)
micro volts shall be available in ninety-five percent (95%) of all areas of the
building and ninety-nine percent (99%) in elevators (measured at the primary
recall floor), stair shafts and Fire Command Centers when transmitted from
the Regional 800 MHz Radio System.
510.6 Minimum signal strength. Minimum signal strength of one (1)
micro volts received by the Regional 800 MHz Radio System when
transmitted from ninety-five percent (95%) of all areas of the building and
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ninety-nine percent (99%) in elevators (measured at the primary recall floor),
stair shafts and Fire Command Centers.
510.7 Frequency range.
510.7.1 The frequency range which must be supported shall be
public safety frequency spectrum as determined by the regional Radio
System operator in all areas of the building. Measurements in buildings for
the purpose of this section shall be to a por table radio of the type the City
and the 911 system then currently utilize. The Community and Economic
Development Administrator Fire Chief may designate alternate methods of
measuring the signal level, which satisfy appropriate levels of public safety
grade coverage.
510.7.2 The amplification system must be capable of future
modifications to a frequency range subsequently established by the City. If
the system is not capable of modification to future frequencies, then a new
system will need to be installed to accommodate the new frequency band.
510.8 Testing procedures.
510.8.1 When an in-building radio system is required, and upon
completion of installation, it will be the building owner’s responsibility to
have the radio system tested to ensure that two-way coverage on each floor
of the building is a minimum of ninety-five percent (95%). All testing shall be
conducted by a technician in possession of a current FCC license, or a
technician certified by the Associated Public-Safety Communications Officials
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International (APCO) or the Personal Communications Industry Association
(PCIA). All testing shall be done in the presence of the special inspector for
the City. Each floor of the building shall be divided into a grid of
approximately twenty (20) equal areas. A maximum of two (2) nonadjacent
areas will be allowed to fail the test. In the event that three (3) of the areas
fail the test, in order to be more statistically accurate, the floor may be
divided into forty (40) equal areas. In such event, a maximum o f four (4)
nonadjacent areas will be allowed to fail the test. After the forty (40) area
test, if the system continues to fail, the building owner shall have the system
altered to meet the ninety-five percent (95%) coverage requirement.
510.8.2 The test required by this section shall be conducted using
a portable radio of the type the City and the 911 system then currently
utilize. A spot located approximately in the center of a grid area will be
selected for the test, then the radio will be key ed to verify two-way
communications to and from the outside of the building through the 911
system. Once the center spot has been selected, prospecting for a better
spot within the grid area will not be permitted.
510.8.3 The gain values of all amplifiers shall be measured and the
test measurement results shall be provided to the building owner, and shall
be kept on file with the building owner in the building. The measurements
can be compared and verified each year during the owner’s annual tests, as
provided herein. In the event that the measurement results become lost, the
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building owner shall notify the Building Code Official who will cause a rerun
of the acceptance test to establish the gain value.
510.8.4 When an in-building radio system is required, the building
owner shall cause a technician in possession of a current FCC license, or a
technician certified by the APCO or the PCIA, to test all active components of
the system, including but not limited to amplifiers, power supplies and
backup batteries, a minimum of once every twelve (12) months. Amplifiers
shall be tested to ensure that the gain remains the same as that found upon
initial installation and acceptance. Backup batteries and power supplies shall
be tested under load for a one (1) hour test period. In the opinion of the
testing technician, if the battery exhibits symptoms of failure, the test shall
be extended for additional one (1) hour periods until the testing technician
confirms the integrity of the battery. All other active components sh all be
checked to determine that they are operating within the manufacturer’s
specifications for the intended purpose. The technician shall prepare a
written report documenting the test findings, and the building owner shall
provide the Community and Economic Development Administrator with a
copy within ten (10) days of completion of testing.
510.8.5 Each building owner shall submit at least one (1) field
test, or as determined by the Community and Economic Development
Administrator, whenever structural changes occur to the building that would
materially change the original field performance tests by a consultant
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approved by the Community and Economic Development Administrator. The
performance test shall include, at minimum, a floor plan and the signal
strength in various locations of the building.
510.9 Amplification systems allowed.
510.9.1 Buildings and structures which cannot support the
required level of radio coverage shall be equipped with a radiating cable
system and/or an internal multiple antenna system with FCC type accepted
bi-directional 800 MHz amplifiers, or systems otherwise approved by the
Community and Economic Development Administrator in order to achieve
the required adequate radio coverage.
510.9.2 If any part of the installed system or systems contains an
electronically powered component, the installed system or systems shall be
capable of operating on an independent battery system for a period of at
least twelve (12) hours without external power input. The battery system
shall automatically charge in the presence of external power input.
510.9.3 Amplification equipment must have adequate
environmental controls to meet the heating, ventilation, cooling and
humidity requirements of the equipment that will be utilized to meet the
requirements of this code. The area where the amplification equipment is
located also must be free of hazardous materials such as fuels, asbestos, etc.
All communications equipment including amplification systems, cable and
antenna systems shall be grounded with a sin gle point ground system of five
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(5) ohms or less. The ground system must include an internal tie point within
three feet (3') of the amplification equipment. System transient suppression
for the telephone circuits, AC power, radio frequency cabling and grounding
protection are required as needed.
510.9.4 A public safety radio amplification system shall include
filters to reject frequencies below eight hundred fifty-one (851) MHz and
frequencies above eight hundred sixty (860) MHz by a minimum of thirty-five
(35) dB.
510.9.5 The following information shall be provided to the
Community and Economic Development Administrator by the builder: A
blueprint showing the location of the amplification equipment and
associated antenna systems which includes a view showing building access to
the equipment, and schematic drawings of the electrical, backup power,
antenna system and any other associated equipment relative to the
amplification equipment including panel locations and labeling.
510.10 510.8 Approved prior to installation. No amplification system
capable of operating on frequencies used by the Regional 800 MHz Radio
System shall be installed without prior coordination and approval of the
radio system licensee (Valley Communications) and any such system must
comply with any standards adopted by the King County Regional
Communications Board.
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510.11 510.9 Noncompliance. After discovery and notice of
noncompliance, the building owner is provided six (6) months to remedy the
deficiency and gain compliance.
510.12 510.10 Penalties. Any person violating any of the provisions of
the section shall be subject to penalties in accordance with the general
penalty provisions of RMC 1-3-1. In addition, any building or structure which
does not meet the requirements set forth in this code is hereby declared to
be a public nuisance, and the City may, in addition to seeking any other
appropriate legal remedy, pursue equitable remedies to abate said nuisance
in accordance with RMC 1-3-3.
510.13 510.11 Severability. If any subsection, sentence, clause,
phrase or portion of this section is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
44.45. Subsection 602.1, Definitions, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding the following definition:
POWER TAP. A listed device for indoor use consisting of an
attachment plug on one end of a flexible cord and two (2) or more
receptacles on the opposite end and over current protection.
45.46. Subsection 604.2, Where required, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
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604.2 Where required. Emergency and standby power systems shall
be provided where required by Subsections 604.2.1 through 604.2.20.
604.2.18.
46.47. Subsection 604.2, Where required, of the International Fire Code,
2012 2015 Edition, is hereby amended by adding new subsections, to read as
follows:
604.2.19 604.2.17 Group I-1 and Group I-2 Nursing Home
Occupancies. In addition to specific requirements listed elsewhere in the
codes referenced in Subsection 102.6, approved manually switched standby
power systems in new Group I-1 and I-2 occupancies shall be provided to
power the following operations:
1. Heating and refrigeration.
2. Communications and alarm systems.
3. Ventilation systems.
4. Emergency lighting.
5. Patient-care related electrical circuits.
6. At least one (1) elevator used by residents.
Existing Group I-1 and I-2 occupancies and boarding homes will
have two (2) years from the effective date of the ordinance codified in this
section to comply with this subsection.
604.2.20 604.2.18 Automotive Fuel Dispensing Facilities. All new
commercial fuel dispensing facilities shall be provided with an approved
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generator quick connect tap box and transfer switch for a standby power
system to provide power to facilitate maintaining fuel dispensing during local
power outages or disaster.
47.48. Subsection 605.10, Portable, electric space heaters, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding a new
subsection, to read as follows:
605.10.5 Tip-Over Switch. All portable electric space heaters shall be
equipped with an automatic tip-over shut-off switch.
Exception: Approved liquid-filled portable heaters.
49. Chapter 6, Building Services and Systems, of the International Fire
Code, 2015 Edition, is hereby amended to add a new section, to read as follows:
SECTION 612
MOBILE FOOD FACILITIES
612.1 General. Mobile food facilities shall comply with this section.
612.2 Kitchen Hood. A Type I hood shall be installed at or above all
commercial cooking appliances and domestic cooking appliances used for
commercial purposes that produce grease laden vapors. Commercial kitchen
exhaust hoods shall comply with the requirements of the International
Mechanical Code. Hoods shall be inspected, tested and maintained in
accordance with NFPA 96.
612.3 Fire Extinguishers. Approved 2A:20BC and Type K rated fire
extinguishers shall be provided in each mobile food facility as determined by
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the Fire Code Official and the individual hazard presented by the individual
mobile food facility.
612.4 Liquefied petroleum gas (LP-gas). LP-gas shall be in
accordance with Chapter 61 and sections 612.4.1 and 612.4.2.
612.4.1 Maximum number and quantity. A maximum of two LP-
gas containers (one hundred (100) pounds each) with a total aggregate water
capacity of two hundred (200) pounds is permitted at one mobile food
facility.
612.4.2 LP-gas cylinder hoses. Hoses shall be designed for a
working pressure of three hundred fifty (350) psig with a safety factor of five
to one (5:1) and shall be continuously marked with LP-gas, propane, three
hundred fifty (350) working pressure and manufacturer’s name or
trademark. Hose assemblies, after application of couplings, shall have a
design capacity of seven hundred (700) psig. Hose assemblies shall be leak
tested at time of installation at not less than the operating pressure of the
system in which they are installed.
612.4.3 LP-gas cylinders. LP-gas cylinders shall be secured in an
approved manner in an upright position. LP-gas cylinders shall not be stored
within the facility at any time. If stored within a compartment, the
compartment shall have approved venting directly to the exterior and must
not allow venting to the interior of the facility at any time. If LP -gas cylinder
storage is added to the rear of the facility, an appropriate, approved bumper
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shall be added to the rear of the facility to provide adequate impact
protection. Belly cylinder tanks shall be installed according to DOT
standards.
612.5 Location. Mobile food facilities shall not be located within
twenty feet (20’) of buildings, tents, canopies or membrane structures or
within ten feet (10’) of any other mobile food facility.
Exception: When mobile food facilities are positioned on public
streets, the distance from buildings may be reduced to five feet (5’). This
exception is designated for events lasting a maximum of no more than three
(3) consecutive calendar days in a row.
48.50. Subsection 806.1.1, Restricted Occupancies, of the International
Fire Code, 2012 2015 Edition, is hereby amended to read as follows:
806.1.1 Restricted occupancies. Natural cut trees shall be prohibited
in within ambulatory care facilities and Group A, E, I-1, I-2, I-3, I-4, M, R-1, R-2
providing licensed care to clients in one of the categories listed in IBC section
310.1 licensed by Washington State and R-4 occupancies.
Exceptions:
1. Trees located in areas protected by an approved automatic
sprinkler system installed in accordance with Subsections 903.3.1.1 or
903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2.
2. Trees treated with a flame retardant and renewed to maintain
flame resistance, subject to the approval of the Fire Code Official.
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3. Trees shall be allowed within dwelling units in Group R-2
occupancies.
49.51. Chapter 8, Interior Finish, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding a new section, to read as follows:
SECTION 809
ATRIUM FURNISHINGS
Atrium furnishings shall comply with Subsections 809.1 and 809.2.
809.1 Potential heat. Potential heat of combustible furnishings and
decorative materials within atria shall not exceed nine thousand (9,000) BTU
per pound (20,934 J/g) when located within an area that is more than twenty
feet (20') (6096 mm) below ceiling level sprinklers.
809.2 Decorative materials. Decorative material in atria shall be
noncombustible, flame resistant or treated with a flame retardant.
50.52. Subsection 901.5.1, Occupancy, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
901.5.1 Occupancy. It shall be unlawful to occupy any portion of a
building or structure until the required fire detection, alarm and suppression
systems have been tested and approved. All acceptance tests shall be
witnessed by the Fire and Emergency Services Department prior to
occupancy being granted.
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51.53. Subsection 901.6, Inspection, testing and maintenance, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding new
subsections, to read as follows:
901.6.3 Annual Certification Required. All sprinkler systems, fire
alarm systems, portable fire extinguishers, smoke removal systems, air
replenishment systems, and other fire protective or extinguishing systems
shall be certified annually by a qualified agency, except, hood fire
extinguishing systems shall be serviced every six (6) months. Documentation
of such servicing shall be provided as indicated in Subsection 901.6.
901.6.4 Annual Hazardous Systems Certification. All electronic
monitoring systems used in connection with flammable, combustible liquids
and/or hazardous materials shall be certified annually by a qualified agency.
Documentation of the system certifications shall be forwarded to the Fire
and Emergency Services Department indicating each system has been tested
and functions as required.
52.54. Subsection 903.2, Where required, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in this
section.
All newly constructed buildings with a gross square footage of five
thousand (5,000) or greater square feet, regardless of type of use as well as
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zero lot line townhouses with an aggregate area of all connected townhouses
equaling five thousand (5,000) or greater square feet must be sprinklered.
Additions to existing buildings which would result in a gross f loor area
greater than five thousand (5,000) square feet must be retrofitted with an
automatic sprinkler system.
Exception:
1. One-time additions to International Building Code Group R-3
occupancies of up to five hundred (500) square feet are permitted without
compliance with this section.
2. Single-family and duplex dwellings and townhouses built in
compliance with the International Residential Code and meeting fire flow
and access requirements of the City of Renton.
When not required by other provisions of this chapter, a fire-
extinguishing system installed in accordance with NFPA 13 may be used for
increases and substitutions allowed in Subsections 504.2, 504.3 506.3 506.2
and Table 601 of the Building Code.
53.55. Subsection 903.2.1.1, Group A-1, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided
for Group A-1 occupancies where one (1) of the following conditions exists:
1. The gross floor area exceeds five thousand (5,000) square feet;
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2. The fire area has an occupant load of three hundred (300) or
more;
3. The fire area is located on a floor other than the level of exit
discharge serving such occupancies; or
4. The fire area contains a multi-theater complex.
54.56. Subsection 903.2.1.2, Group A-2, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided
for group A-2 occupancies where one (1) the following conditions exists:
1. The gross floor area exceeds five thousand (5,000) square feet;
2. The fire area has an occupant load of one hundred (100) or
more; or
3. The fire area is located on a floor other than the level of exit
discharge serving such occupancies.
55.57. Subsection 903.2.1.3, Group A-3, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided
for Group A-3 occupancies where one (1) of the following conditions exists:
1. The gross floor area exceeds five thousand (5,000) square feet;
2. The fire area has an occupant load of three hundred (300) or
more; or
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3. The fire area is located on a floor other than the level of exit
discharge serving such occupancies.
56.58. Subsection 903.2.1.4, Group A-4, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided
for Group A-4 occupancies where one (1) of the following conditions exists:
1. The gross floor area exceeds five thousand (5,000) square feet;
2. The fire area has an occupant load of three hundred (300) or
more; or
3. The fire area is located on a floor other than the level of exit
discharge serving such occupancies.
57.59. Subsection 903.2.1.5, Group A-5, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2.1.5 Group A-5. An automatic sprinkler system shall be provided
for Group A-5 occupancies in the following areas: concession stands, retail
areas, press boxes and other accessory use areas in excess of one thousand
(1,000) square feet.
58.60. Subsection 903.2.2, Group B ambulatory health care facilities, of
the International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
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903.2.2 Ambulatory care facilities. An automatic sprinkler system
shall be installed throughout all fire areas containing an ambulatory care
facility where either of the following conditions exists at any time:
1. Four (4) or more care recipients are incapable of self-
preservation, whether rendered incapable by staff or staff has accepted
responsibility for care recipients already incapable.
2. One (1) or more care recipients who are incapable of self-
preservation are located at other than the level of exit discharge serving such
a facility.
In buildings where ambulatory care is provided on levels other
than the level of exit discharge, an automatic sprinkler system shall be
installed throughout the entire floor where such care is provided as well as
all floors below, and all floors between the level of ambulatory care and the
nearest level of exit discharge, including the level of exit discharge.
59.61. Subsection 903.2.3, Group E, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
903.2.3 Group E. An approved automatic sprinkler system shall be
provided for Group E occupancies as follows:
Exceptions:
1. Throughout all Group E fire areas greater than five thousand
(5,000) square feet in area.
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2. Throughout every portion of educational buildings below the
lowest level of exit discharge serving that portion of the building.
3. Portable school classrooms, provided the aggregate area of any
clusters of portable school classrooms does not exceed five thousand (5,000)
square feet, and clusters of portable school classrooms shall be separated as
required by the Building Code.
60.62. Subsection 903.2.4, Group F-1, of the International Fire Code,
2012 2015 Edition, is hereby amended by changing the title to “Group B, F and S
Occupancies,” and to read as follows:
903.2.4 Group B, F and S Occupancies. An automatic sprinkler system
shall be provided throughout all buildings containing a Group B, F or S
occupancy with over five thousand (5,000) square feet of gross floor area.
903.2.4.1 Woodworking operations. An automatic sprinkler system
shall be provided throughout all group F-1 occupancy fire areas that contain
woodworking operations in excess of two thousand five hundred (2,500)
square feet in area which generate finely divided combustible waste or which
use finely divided combustible materials.
61.63. Subsection 903.2.5, Group H, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
903.2.5 Group H. Automatic sprinkler systems shall be provided in
high-hazard occupancies as required in Subsections 903.2.5.1 through
903.2.5.3.
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903.2.5.1 General. An automatic sprinkler system shall be
installed in Group H occupancies.
903.2.5.2 Group H-5 occupancies. An automatic sprinkler system
shall be installed throughout buildings containing Group H-5 occupancies.
The design of the sprinkler system shall not be less than that required under
the International Building Code for the occupancy hazard classifications in
accordance with Table 903.2.5.2. Where the design area of the sprinkler
system consists of a corridor protected by one (1) row of sprinklers, the
maximum number of sprinklers required to be calculated is thirteen (13).
TABLE 903.2.5.2
GROUP H-5 SPRINKLER DESIGN CRITERIA
LOCATION
OCCUPANCY HAZARD
CLASSIFICATION
Fabrication areas Ordinary Hazard Group 2
Service corridors Ordinary Hazard Group 2
Storage rooms without dispensing Ordinary Hazard Group 2
Storage rooms with dispensing Extra Hazard Group 2
Corridors Ordinary Hazard Group 2
903.2.5.3 Pyroxylin plastics. An automatic sprinkler system shall
be provided in buildings, or portions thereof, where cellulose nitrate film or
pyroxylin plastics are manufactured, stored or handled in quantities
exceeding one hundred (100) pounds.
62.64. Subsection 903.2.6, Group I, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
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903.2.6 Group I. An automatic sprinkler system shall be provided
throughout buildings with a Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with
Subsection 903.3.1.2 shall be permitted in Group I-1 condition 1 facilities.
2. An automatic sprinkler system installed in accordance with
Subsection 903.3.1.3 shall be allowed in Group I-1 facilities when in
compliance with all of the following:
2.1. A hydraulic design information sign is located on the system
riser;
2.2. Exception 1 of Subsection 903.4 is not applied; and
2.3. Systems shall be maintained in accordance with the
requirements of Subsection 903.3.1.2.
3. 2. An automatic sprinkler system is not required where Group I-
4 day care facilities are at the level of exit discharge and where every room
where care is provided has at least one (1) exterior exit door.
4. 3. In buildings where Group I-4 day care is provided on levels
other than the level of exit discharge, an automatic sprinkler system in
accordance with Subsection 903.3.1.1 shall be installed on the entire floor
where care is provided and all floors between the level of care and the level
of exit discharge, and all floors below the level of exit discharge, other than
areas classified as an open parking garage.
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63.65. Subsection 903.2.7, Group M, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided
throughout buildings containing a Group M occupancy where one (1) of the
following conditions exists:
1. Where a Group M gross floor area exceeds five thousand
(5,000) square feet.
2. Where a Group M fire area is located more than three (3)
stories above grade.
3. Where the combined area of all Group M fire areas on all floors,
including any mezzanines, exceeds five thousand (5,000) square feet.
4. Where a Group M occupancy that is used for the display and
sale of upholstered furniture and/or mattresses exceeds five thousand
(5,000) square feet.
64.66. Subsection 903.2.8, Group R, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding new subsections, and to read as
follows:
903.2.8 Group R. An automatic sprinkler system installed in
accordance with Subsection 903.3 shall be provided throughout all buildings
with a Group R fire area.
903.2.8.1 Group R-3 or R-4 congregate residences. An automatic
sprinkler system installed in accordance with Subsection 903.3.1.3 shall be
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permitted in Group R-3 or R-4 congregate living facilities with sixteen (16) or
fewer residents.
903.2.8.1 Group R-3. An automatic sprinkler system installed in
accordance with Subsection 903.3.1.3 shall be permitted in Group R-3
occupancies.
903.2.8.2 Group R-4 Condition 1. An automatic sprinkler system
installed in accordance with Subsection 903.3.1.3 shall be permitted in Group
R-4 Condition 1 occupancies.
903.2.8.3 Group R-4 Condition 2. An automatic sprinkler system
installed in accordance with Subsection 903.3.1.2 shall be permitted in Group
R-4 Condition 2 occupancies. Attics shall be protected in accordance with
Subsection 903.2.8.3.1 or 903.2.8.3.2.
903.2.8.3.1 Attics used for living purposes, storage or fuel-
fired equipment. Attics used for living purposes, storage or fuel-fired
equipment shall be protected throughout with an automatic sprinkler system
installed in accordance with Subsection 903.3.1.2.
903.2.8.3.2 Attics not used for living purposes, storage or
fuel-fired equipment. Attics not used for living purposes, storage or fuel -
fired equipment shall be protected in accordance with one of the following:
1. Attics protected throughout by a heat detector system
arranged to activate the building fire alarm system in accordance with
Subsection 907.2.10.
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2. Attics constructed of noncombustible materials.
3. Attics constructed of fire-retardant-treated wood
framing complying with Subsection 23.3.2 of the International Building Code.
4. The automatic sprinkler system shall be extended to
provide protection throughout the attic space.
903.2.8.2 903.2.8.4 Care facilities. An automatic sprinkler system
installed in accordance with Subsection 903.3.1.3 shall be permitted in care
facilities with five (5) or fewer individuals in a single-family dwelling.
903.2.8.3 903.2.8.5 Group R-3 Occupancy. When the occupancy
has over five thousand (5,000) square feet of gross floor area.
903.2.8.4 903.2.8.6 Dwellings. When proposed within all
residential zones, clustered or constructed so that, when attached, the total
square foot gross floor area of all dwelling units exceeds five thousand
(5,000) square feet. For the purpose of this subsection, portions of buildings
separated by one (1) or more firewalls will not be considered a separate
building.
65.67. Subsection 903.2.9, Group S-1, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
903.2.9 Group S-1. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S-1 occupancy where one (1) of
the following conditions exists:
1. A Group S-1 fire area exceeds five thousand (5,000) square feet.
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2. A Group S-1 fire area is located more than three (3) stories
above grade plane.
3. The combined area of all Group S-1 fire areas on all floors,
including any mezzanines, exceeds five thousand (5,000) square feet.
4. A Group S-1 fire area used for the storage of commercial motor
vehicles trucks or buses where the fire area exceeds five thousand (5,000)
square feet.
5. A Group S-1 occupancy used for the storage of upholstered
furniture or mattresses exceeds two thousand five hundred (2,500) square
feet (232 m2).
903.2.9.1 Repair garages. An automatic sprinkler system shall be
provided throughout all buildings used as repair garages in accordance with
Section 406 of the International Building Code, as shown:
1. Buildings having two (2) or more stories above grade plane,
including basements, with a fire area containing a repair garage exceeding
five thousand (5,000) square feet.
2. Buildings no more than one (1) story above grade plane,
with a fire area containing a repair garage exceeding five thousand (5,000)
square feet.
3. Buildings with repair garages servicing vehicles in
basements.
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4. A Group S-1 fire area used for the repair of commercial
motor vehicles trucks or buses where the fire area exceeds five thousand
(5,000) square feet.
903.2.9.2 Bulk storage of tires. Buildings and structures where
the area for storage of tires exceeds twenty thousand (20,000) cubic feet
shall be equipped throughout with an automatic sprinkler system in
accordance with Subsection 903.3.1.1.
66.68. Subsection 903.2.10, Group S-2 enclosed parking garages, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler
system shall be provided throughout buildings classified as enclosed parking
garages in accordance with Subsection 406.4 of the Internation al Building
Code as follows:
1. Where the fire area of the enclosed parking garage exceeds five
thousand (5,000) square feet; or
2. Where the enclosed parking garage is located beneath other
groups.
Exception: Enclosed parking garages located beneath Group R-3
occupancies.
903.2.10.1 Commercial parking garages. An automatic sprinkler
system shall be provided throughout buildings used for storage of
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commercial motor vehicles trucks or buses where the fire area exceeds five
thousand (5,000) square feet.
67.69. Subsection 903.2.11, Specific building areas and hazards, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
903.2.11 Specific building areas and hazards. In all occupancies other
than Group U, an automatic sprinkler system shall be installed for building
design or hazards in the locations set forth in Subsections 903.2.11.1 through
903.2.11.6.
903.2.11.1 Stories without openings. An automatic sprinkler
system shall be installed throughout all stories, including base ments, of all
buildings where the floor area exceeds one thousand five hundred (1,500)
square feet unless there is at least one (1) of the following types of exterior
wall openings:
1. Openings below grade that lead directly to ground level by
an exterior stairway complying with Section 1009 or an outside ramp
complying with Section 1010. Openings shall be located on the exterior wall
of the story on at least one (1) side. The required openings shall be
distributed so that the lineal distance between adjace nt openings does not
exceed fifty feet (50').
2. Openings entirely above the adjoining ground level totaling
at least twenty (20) square feet in each fifty (50) linear feet, or fraction
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thereof, of exterior wall in the story on at least one (1) side. The required
openings shall be distributed so that the lineal distance between adjacent
openings does not exceed fifty feet (50'). The height of the bottom of the
clear opening shall not exceed forty-four inches (44”) (1,188 mm) measured
from the floor.
903.2.11.1.1 Opening dimensions and access. Openings shall
have a minimum dimension of not less than thirty inches (30"). Such
openings shall be accessible to the fire department from the exterior and
shall not be obstructed in a manner that firefighting or rescue cannot be
accomplished from the exterior.
903.2.11.1.2 Openings on one side only. Where openings in a
story are provided on only one (1) side and the opposite wall of such story is
more than seventy-five feet (75') from such openings, the story sh all be
equipped throughout with an approved automatic sprinkler system or
openings as specified above shall be provided on at least two (2) sides of the
story.
903.2.11.1.3 Basements. Where any portion of a basement is
located more than seventy-five feet (75’) (22,860 mm) from openings
required by Subsection 903.2.11.1, or where walls, partitions or other
obstructions are installed that restrict the application of water from hose
streams, the basement shall be equipped throughout with an approved
automatic sprinkler system.
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903.2.11.2 Rubbish and linen chutes. An automatic sprinkler system
shall be installed at the top of rubbish and linen chutes and in their terminal
rooms. Chutes shall have additional sprinkler heads installed at alternate
floors and at the lowest intake. Where a rubbish chute extends through a
building more than one (1) floor below the lowest intake, the extension shall
have sprinklers installed that are recessed from the drop area of the chute
and protected from freezing in accordance with Subsection 903.3.1.1. Such
sprinklers shall be installed at alternate floors beginning with the second
level below the last intake and ending with the floor above the discharge.
Chute sprinklers shall be accessible for servicing.
903.2.11.3 Buildings fifty-five feet (55') or more in height. An
automatic sprinkler system shall be installed throughout buildings that have
one (1) or more stories with a floor level having an occupant load of thirty
(30) or more that is located fifty-five feet (55') or more above the lowest
level of fire department vehicle access, measured to the finished floor.
Exceptions: Airport control towers.
1. Open parking structures.
2. Occupancies in Group F-2.
903.2.11.4 Ducts conveying hazardous exhausts. Where required
by the International Mechanical Code, automatic sprinklers shall be provided
in ducts conveying hazardous exhaust, flammable or combustible materials.
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Exception: Ducts where the largest cross-sectional diameter of
the duct is less than ten inches (10").
903.2.11.5 Commercial cooking operations. An automatic
sprinkler system shall be installed in a commercial kitchen exhaust hood and
duct system where an automatic sprinkler system is used to comply with
Section 904.
903.2.11.6 Other required suppression systems. In addition to
the requirements of Subsection 903.2, the provisions indicated in Table
903.2.11.6 also require the installation of a fire suppression system for
certain buildings and areas.
68.70. Subsection 903.2.12, During construction, of the International
Fire Code, 2012 2015 Edition, is hereby amended to read as follows:
903.2.12 During construction. Automatic sprinkler systems required
during construction, alteration and demolition operations shall be provided
in accordance with Section 3313.
69.71. Subsection 903.2, Where required, of the International Fire Code,
2012 2015 Edition, is hereby amended by adding new subsections, to read as
follows:
903.2.13 Automatic Sprinkler Systems in New Buildings.
903.2.13.1 Buildings over five thousand (5,000) square feet. A
fully automatic fire protection sprinkler system is to be installed in all new
buildings in excess of five thousand (5,000) square feet total gross floor area,
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regardless of vertical or horizontal fire barriers. Such sprinkler system shall
be designed, installed and tested as per Subsection 903.3.
903.2.13.2 Buildings less than five thousand (5,000) square feet.
A fully automatic fire protection sprinkler system may be required by the
Chief of the Fire and Emergency Services Department or the Fire Code
Official for buildings less than five thousand (5,000) square feet gross floor
area when, in their judgment, supported by written documentation from a
professional organization (such as NFPA, ICC, SBCC, U.L., ISO, etc.) verifies
that hazardous operations, hazardous contents, critical exposure problems,
limited accessibility to the building or other items may contribute to a
definite hazard.
903.2.14 Sprinkler Systems in Remodeled Buildings. The
requirements for the installation of f ire protection sprinkler systems in
remodeled buildings shall be as indicated in Subsections 903.2.14.1 and
903.2.14.2.
903.2.14.1 Existing sprinklered buildings. When existing buildings
with full sprinkler systems are remodeled or added onto, the remodeled or
added on portion shall be fully sprinklered.
903.2.14.2 Existing non-sprinklered buildings. When an existing
building is added onto or remodeled and the resul ting total square foot gross
floor area exceeds five thousand (5,000) square feet, then the entire
structure shall be fully sprinklered. All existing non-sprinklered buildings
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currently exceeding five thousand (5,000) square feet where a remodel,
alteration or repair exceeds fifty percent (50%) of the building valuation
within a three (3) year period shall have a sprinkler system installed
throughout. Valuation shall be determined from the King County Assessor
records at the time of the first application for a permit.
70.72. Subsection 903.3.1.2, NFPA 13R sprinkler systems, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems
in Group R occupancies up to and including four (4) stories in height shall be
permitted to be installed throughout in accordance with NFPA 13R. NFPA
13R systems shall be limited to buildings with a maximum gross floor area of
twelve thousand (12,000) square feet.
71.73. Subsection 903.4.2, Alarms, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
903.4.2 Alarms. Approved audible and visible alarm notification
appliances shall be connected to every automatic sprinkler system in
accordance with Section 907 and throughout areas designated by the Fire
Code Official. Sprinkler water-flow alarm devices shall be activated by water
flow equivalent to the flow of a single sprinkler of the smallest orifice size
installed in the system. Alarm devices shall be provided on the exterior of the
building in an approved location. Where a fire alarm system is installed,
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actuation of the automatic sprinkler system shall actuate the building fire
alarm system.
Exceptions:
1. With approval of the Fire Code Official, audible and visible
alarm notification appliances may be omitted for approved residential
sprinkler systems in single-family or duplex dwelling units if not otherwise
specifically required. Audible alarm notification shall be provided and
accomplished by connecting the waterflow alarm initiating device to the
multiple-station alarms, household fire alarm system or other approved
methods.
2. Alarms are not required for approved domestically supplied
local systems with ten (10) heads or less per building.
72.74. Subsection 903.4.3, Floor Control Valves, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
903.4.3 Floor Control Valves. Approved supervised indicating control
valves shall be provided at the point of connection to the riser on each floor.
Exception: When approved by the Fire Code Official in NFPA 13D and
NFPA 13R Systems.
73.75. Section 903, Automatic Sprinkler Systems, of the International
Fire Code, 2012 2015 Edition, is hereby amended by adding a new subsection, to
read as follows:
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903.7 Riser Room Access. All NFPA 13, 13R and any 13D systems
serving five (5) or more dwelling units, sprinkler system risers shall be located
in a dedicated room with an exterior door, lighting and heat. Exception: 13D
single and two-family residences or townhome sprinkler systems with four
(4) units or less.
74.76. Subsection 904.11, 904.12, Commercial cooking systems, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
904.11 904.12 Commercial cooking systems. The automatic fire-
extinguishing system for commercial cooking systems shall be of a type
recognized for protection of commercial cooking equipment and exhaust
systems of the type and arrangement protected. Pre-engineered automatic
dry- and wet-chemical extinguishing systems shall be tested in accordance
with UL 300 and listed and labeled for the intended application. Existing
suppression systems not in compliance shall be replaced with a conforming
system whenever any of the following occurs:
• Any modifications are made to the structure of the kitchen hood.
• Re-arrangement of appliances under the hood requires change in
nozzle placement.
• Any additional cooking appliances are added to the cook line.
• The system can no longer be serviced due to the lack of available
manufacturer’s listed parts.
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• Lard or animal fats are replaced with one (1) or more cooking
medium that operates at higher temperatures than the suppression system
was designed and tested for in the UL listing.
If the manufacturer’s original listing was conducted using animal fats,
the business owner shall provide a letter to the Renton Fire and Emergency
Services Department certifying that the cooking system will only be used
with animal fats. A sign with three inches (3") high letters stating “Animal Fat
Oils Only” shall be installed on the front of the hood.
Existing wet-chemical systems that are not in compliance with current
UL 300 Standards shall be updated. Wet-chemical systems that were located
within the City on August 25, 2008, were required to be updated to UL 300
Standards by no later than August 25, 2010. All existing wet-chemical
systems that were legally installed prior to annexation into City boundaries
are required to be updated within two (2) years from the effective date of
the annexation that brought the systems within the boundaries of the City. of
the ordinance codified in this chapter.
Other types of automatic fire-extinguishing systems shall be listed
and labeled for specific use as protection for commercial cooking operations.
The system shall be installed in accordance with this code, its listing and the
manufacturer’s installation instructions. Automatic fire -extinguishing systems
of the following types shall be installed in accordance with the referenced
standard indicated, as follows:
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1. Carbon dioxide extinguishing systems, NFPA 12.
2. Automatic sprinkler systems, NFPA 13.
3. Foam-water sprinkler system or foam-water spray systems,
NFPA 16.
4. Dry-chemical extinguishing systems, NFPA 17.
5. Wet-chemical extinguishing systems, NFPA 17A.
75.77. Subsection 905.3.1, Height, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
905.3.1 Height. Class III standpipe systems shall be installed
throughout buildings where the floor level of the highest story is located
more than twenty feet (20') above the lowest level of the Fire and
Emergency Services Department vehicle access, or where the floor level of
the lowest story is located more than twenty feet (20') below the highest
level of Fire and Emergency Services Department vehicle access.
Exceptions:
1. Class I standpipes are allowed in buildings equipped throughout
with an automatic sprinkler system in accordance with Subsection 903.3.1.1
or 903.3.1.2.
2. Class I manual standpipes are allowed in open parking garages
where the highest floor is located not more than one hundred fifty feet (150')
above the lowest level of Fire and Emergency Services Department vehicle
access.
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3. Class I manual dry standpipes are allowed in open parking
garages that are subject to freezing temperatures, provided that the hose
connections are located as required for Class II standpipes in accordance with
Subsection 905.5.
4. Class I standpipes are allowed in basements equipped
throughout with an automatic sprinkler system.
5. Group R-3 does not require standpipes.
76.78. Subsection 905.3, Required installations, of the International Fire
Code, 2012 2015 Edition, is hereby amended by adding a new subsection, to
read as follows:
905.3.9 High-Rise Building Standpipes. Standpipe risers shall be
combination standpipe/sprinkler risers using a minimum pipe size of six
inches (6") diameter. Two (2) two and one-half inches (2-1/2") hose
connections shall be provided on every intermediate floor level landing in
every required stairway unless otherwise approved by the Fire Code Official.
Where pressure reduction valves (PRV) are required, each hose connection
shall be provided with its own PRV. The system shall be designed to provide a
minimum flow of three hundred (300) gpm at a minimum pressure of one
hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe
connection, in addition to the flow and pressure require ments contained in
NFPA 14.
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77.79. Subsection 905.8, Dry standpipes, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
905.8 Dry standpipes. Dry standpipes, when approved by the Fire
Code Official, are acceptable in other than high-rise buildings.
78.80. Subsection 907.1.3, Equipment, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
907.1.3 Equipment. Systems and their components shall be listed and
approved for the purpose for which they are installed. All new alarm systems
shall be addressable. Each device shall have its own address and shall
annunciate individual addresses at a UL Central Station.
Exception: Systems that have not more than twelve (12) zones and
not more than five (5) devices on each zone.
79.81. Subsection 907.2.2, Group B, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
907.2.2 Group B. A manual fire alarm system shall be installed in the
following Group B Occupancies:
1. Those having an occupant load of five hundred (500) or more
persons or more than one hundred (100) persons above or below the lowest
level of exit discharge.
2. Those that are two (2) or more stories in height or three
thousand (3,000) square feet or more in area.
3. The fire area contains an ambulatory care facility.
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Exception: Deleted.
80.82. Subsection 907.2.3, Group E, of the International Fire Code, 2012
2015 Edition, is hereby amended by deleting Exception number 2. 3.
81.83. Subsection 907.2.4, Group F, of the International Fire Code, 2012
2015 Edition, is hereby amended by deleting the Exception.
82.84. Subsection 907.2.7, Group M, of the International Fire Code, 2012
2015 Edition, is hereby amended by deleting Exceptions number 1 and 2.
83.85. Subsection 907.2.8.1, Manual Fire Alarm System, of the
International Fire Code, 2012 2015 Edition, is hereby amended by deleting
Exceptions 1 and 2.
84.86. Subsection 907.2.9, Group R-2, of the International Fire Code,
2012 2015 Edition, is hereby amended by deleting Exceptions 1, 2, and 3.
85.87. Subsection 907.2.9, Group R-2, of the International Fire Code,
2012 2015 Edition, is hereby amended by adding a new subsection, to read as
follows:
907.2.9.4 Multi-family complexes. Multi-family complexes with three
(3) or more separate buildings within the complex, including recreation
and/or day-care buildings, shall be provided with approved fire alarm
systems regardless of size. The buildings within the complex shall have each
building monitored by an approved central station.
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86.88. Subsection 907.2, Where required – New buildings and
structures, of the International Fire Code, 2012 2015 Edition, is hereby amended
by adding a new subsection, to read as follows:
907.2.24 Structures in excess of three thousand (3,000) Square Feet.
An approved total coverage addressable manual and automatic fire alarm
system shall be provided in accordance with NFPA St andard 72 in all
structures in excess of three thousand (3,000) square feet of total floor area.
Exception:
For the purpose of Section 907, fire walls constructed in accordance
with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define
separate buildings.
87.89. Subsection 907.8.5, Maintenance, inspection and testing, of the
International Fire Code, 2012 2015 Edition, is hereby amended by adding a new
subsection, to read as follows:
907.8.5.1 Nonconforming alarm systems. In the event that an alarm
system does not meet these requirements, it shall be a further requirement
of this chapter that modifications necessary to meet these minimum levels
are made to the alarm system and subsequent testing is conducted prior to
any occupancy being granted.
88.90. Subsection 914.3, High-rise buildings, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
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914.3 High-rise buildings. High-rise buildings shall comply with
Subsections 914.3.1 through 914.3.8.
89.91. Subsection 914.3, High-rise buildings, of the International Fire
Code, 2012 2015 Edition, is hereby amended by adding new subsections, to read
as follows:
914.3.7 Air replenishment systems. All high-rise buildings shall be
equipped with an approved rescue air replenishment system. The system
shall provide an adequate pressurized fresh air supply through a permanent
piping system for the replenishment of portable life sustaining air equipment
carried by Fire and Emergency Services Department, rescue and other
personnel in the performance of their duties. Location of access stations, as
well as installation and maintenance of the air replenishment systems, shall
meet the requirements as determined by the Fire Code Official. A
specifications document for the construction of air replenishing systems that
conforms to the breathing equipment used by the Renton Fire and
Emergency Services Department will be made available by the Fire Code
Official.
914.3.8 Fire equipment. A cabinet or other enclosed facility shall be
provided in every stairwell, smoke tower or such similar structure on
designated floors, commencing with the third floor, seventh floor and every
fourth floor above the seventh floor for the storage of fire hose and related
equipment. Facilities, cabinets, devices, hoses and related equipment shall
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be furnished by the building owner. All such equipment and the specific
location thereof shall be subject to the approval of the Fire Code Official.
These rooms will be inspected annually by the Fire and Emergency Services
Department and equipment replaced by the building owner or his/her
representative at the appropriate service life.
90.92. Subsection 1103.7.6, Group R-2, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
1103.7.6 Group R-2. A manual and automatic fire alarm system that
activates the occupant notification system in accordance with Subsection
907.6 shall be installed in existing Group R-2 occupancies more than three
stories in height or with more than sixteen (16) dwelling or sleeping units.
Exceptions:
1. Where each living unit is separated from other contiguous living
units by fire barriers having a fire-resistance rating of not less than three
quarters (0.75) of an hour, and where each living unit has ei ther its own
independent exit or its own independent stairway or ramp discharging at
grade.
2. A separate fire alarm system is not required in buildings that
are equipped throughout with an approved supervised automatic sprinkler
system installed in accordance with Subsection 903.3.1.1 or 903.3.2.2
903.3.1.2 and having a local alarm to notify all occupants.
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3. A fire alarm system is not required in buildings that do not have
interior corridors serving dwelling units and are protected by an approved
automatic sprinkler system installed in accordance with Subsection 903.3.1.1
or 903.3.1.2, provided that dwelling units either have a means of egress door
opening directly to an exterior exit access that leads directly to the exits or
are served by open-ended corridors designed in accordance with Subsection
1026.6, Exception 4. 1027.6, Exception 3.
4. A fire alarm system is not required in buildings that do not
have interior corridors serving dwelling units, do not exceed three (3) stories
in height and comply with both of the following:
4.1 Each dwelling unit is separated from other contiguous
dwelling units by fire barriers having a fire-resistance rating of not less than
three-quarters (¾) of an hour.
4.2 Each dwelling unit is provided with hardwired,
interconnected smoke alarms as required for new construction in Subsection
907.2.11.
91.93. Section 3317, Safeguarding roofing operations, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
3317.1 General. Roofing operations utilizing heat-producing systems
or other ignition sources shall be conducted in accordance with Subsect ions
3317.2 through 3317.4 and Chapter 35.
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3317.2 Asphalt and tar kettles. Asphalt and tar kettles shall be
operated in accordance with Section 303.
3317.3 Fire extinguishers for roofing operations. Fire extinguishers
shall comply with Section 906. There shall be not less than one (1)
multipurpose portable fire extinguisher with a minimum 3 -A 40B:C rating on
the roof being covered or repaired.
3317.4 Fire Safety. The roofing contractor shall notify the Fire and
Emergency Services Department before leaving the site of torch-applied
roofing system and report each day’s completion and the presence of any
hot spots or fires that were suppressed during the roofing process.
92.94. Subsection 5001.5, Permits, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:
5001.5 Permits. Permits shall be required as set forth in Subsections
105.6 and 105.7.
When required by the Fire Code Official, permittees shall apply for
approval to permanently close a storage, use, or handling facility. Such
application shall be submitted at least thirty (30) days prior to the
termination of the storage, use, or handling of hazardous materials. The Fire
Code Official is authorized to require that the application be accompanied by
an approved facility closure plan in accordance with Subsection 5001.6.3.
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All new installations and/or modifications or additions to existing
systems shall require plan review and permit fees as stipulated in the City of
Renton Fee Schedule Brochure.
93.95. Subsection 5003.2.6, Maintenance, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
5003.2.6 Maintenance. In addition to the requirements of Subsection
5003.2.3, equipment, machinery, and required detection and alarm syst ems
associated with hazardous materials shall be maintained in an operable
condition. Defective containers, cylinders and tanks shall be removed from
service, repaired or disposed of in an approved manner. Defective
equipment or machinery shall be removed from service and repaired or
replaced. Required detection and alarm systems shall be replaced or repaired
where defective. All monitoring systems used in connection with hazardous
materials shall be certified at least annually by a qualified agency.
Documentation of the system certification shall be forwarded to the Fire and
Emergency Services Department indicating the system has been tested and
functions as required.
94.96. Subsection 5003.9, General Safety Precautions, of the
International Fire Code, 2012 2015 Edition, is hereby amended to read as
follows:
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2703.9 General Safety Precautions. General precautions for the safe
storage, handling or care of hazardous materials shall be in accordance with
Subsections 5003.9.1 through 5003.9.11.
95.97. Subsection 5003.9, General Safety Precautions, of the
International Fire Code, 2012 2015 Edition, is hereby amended to add a new
subsection, to read as follows:
5003.9.11 Manufacturer’s limitations. The storage and use of
hazardous materials shall not exceed the manufacturer’s limitations on shelf
life and any other restrictions on use.
98. Subsection 5303.5.3, Securing Compressed Gas Containers, Cylinders
and Tanks, of the International Fire Code, 2015 Edition, is hereby amended to
read as follow:
5303.5.3 Securing compressed gas containers, cylinders and tanks.
Compressed gas containers, cylinders and tanks shall be secured to prevent
falling caused by contact, vibration or seismic activity. Securing of
compressed gas containers, cylinders and tanks shall be by one (1) of the
following methods:
1. Securing containers, cylinders and tanks to a fixed object with
one (1) or more restraints. Restraints shall be constructed of approved
materials such as metal chains, metal cables or other materials as approved
by the Fire Code Official.
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2. Securing containers, cylinders and tanks on a cart or other
mobile device designed for the movement of compressed gas containers,
cylinders or tanks.
3. Nesting of compressed gas containers, cylinders and tanks at
container filling or servicing facilities or in seller’s warehouses not accessible
to the public. Nesting shall be allowed provided the nested containers,
cylinders or tanks, if dislodged, do not obstruct the required means of egress.
4. Securing of compressed gas containers, cylinders and tanks to
or within a rack, framework, cabinet or similar assembly designed for such
use.
Exception: Compressed gas containers, cylinders and tanks in the
process of examination, filling, transport or servicing.
96.99. Subsection 5601.1, Scope, of the International Fire Code, 2012
2015 Edition, is hereby amended to read as follows:1
5601.1 Scope. The provisions of this chapter shall govern the
possession, manufacture, storage, handling, sale and use of explosives,
explosive materials, fireworks and small arms ammunition. The indoor use of
pyrotechnics in the performing arts in conjunction with theatrical, musical, or
similar productions before a proximate audience, performers, or support
personnel as allowed by WAC 212-17-350, is hereby prohibited.
Exceptions:
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1. The Armed Forces of the United States, Coast Guard or National
Guard.
2. Explosives in forms prescribed by the official United States
Pharmacopoeia.
3. The possession, storage and use of small arms ammunition
when packaged in accordance with DOTn packaging requirements.
4. The possession, storage and use of not more than one (1)
pound (0.454 kg) of commercially manufactured sporting black powder,
twenty (20) pounds (9 kg) of smokeless powder and ten thousand (10,000)
small arms primers for hand loading of small arms ammunition for personal
consumption.
5. The use of explosive materials by federal, state and local
regulatory, law enforcement and fire agencies acting in their official
capacities.
6. Special industrial explosive devices which in the aggregate
contain less than fifty (50) pounds (23 kg) of explosive materials.
7. The possession, storage and use of blank industrial-power load
cartridges when packaged in accordance with DOTn packaging regulations.
8. Transportation in accordance with DOTn 49 CFR Parts 100–185.
9. Items preempted by federal regulations.
97.100. Subsection 5601.1.3 Fireworks, of the International Fire Code,
2012 2015 Edition, is hereby amended to read as follows:
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5601.1.3 Fireworks. The possession, sale, and discharge of all
fireworks are prohibited in the City of Renton, as of May 21, 2005.
Exceptions:
Possession, storage, and discharge of fireworks may be authorized
by the Fire Code Official or City Council for special events or public displays
pursuant to an operational fire code permit or other applicable permit issued
in compliance with the Renton Municipal Code and other applicable laws,
including but not limited to Part VI and Part VII of Chapter 212-17, as now or
hereafter amended.
1. Storage and handling of fireworks as allowed in Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in
Section 5605.
3. Displays authorized by the City Council under permit issued
pursuant to City Code, and the Washington Administrative Code, if required.
4. The possession, storage, sale, handling, and use of specific
types of Division 1.4G fireworks where allowed by applicable laws,
ordinances and regulations, provided such fireworks comply with CPSC 16
CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100 – 178, 185 for
consumer fireworks.
98.101. Subsection 5601.2.4.2, Fireworks display, of the International
Fire Code, 2012 2015 Edition, is hereby amended by changing the title to “Public
Display; Insurance Required,” and to read as follows:
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5601.2.4.2 Public Display; Insurance Required. Any applicant shall, at
the time of issuance of such license, submit to the City proper evidence of
public liability and property damage insurance and such applicant shall
maintain the insurance in a company or companies approved by the City with
amounts as follows: One million dollars ($1,000,000.00) or more for injuries
to any one (1) person in one (1) accident or occurrence; two million dollars
($2,000,000.00) or more for injuries to two (2) or more persons in any one (1)
accident or occurrence; one million dollars ($1,000,000.00) for damage to
property in any one (1) accident or occurrence. Such insurance shall name
the City as an additional insured and shall not be cancelable except by a
forty-five (45) day pre-cancellation notice in writing to the City. Further, the
insurance required herein shall be primary insurance as respects the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the
City shall be in excess of the insurance required herein and shall not
contribute with it.
99.102. Subsection 5601.2.4.2, Fireworks display, of the International
Fire Code, 2012 2015 Edition, is hereby amended by adding a new subsection, to
read as follows:
5601.2.4.2.1 Pyrotechnic Operator Required. Every City-authorized
display of fireworks shall be handled and supervised by a state licensed
pyrotechnic operator.
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100.103. Subsection 5601.7, Seizure, of the International Fire Code, 2012
2015 Edition, is hereby amended by adding new subsections, changing the title
to “Seizure/Penalty,” and to read as follows:
5601.7 Seizure/Penalty. The City of Renton may employ either, or
both, of the following processes.
5601.7.1 Seizure. The Fire Code Official is authorized to remove or
cause to be removed or disposed of in an approved manner, at the expense
of the owner, explosives, explosive materials or fireworks offered or exposed
for sale, stored, possessed or used in violation of this chapter.
5601.7.2 Penalty. Any violation of this chapter on section related
to fireworks classified as “consumer” by RCW 70.77.136, as now or
hereinafter amended, shall be an infraction only and punishable as a class 1
civil infraction under RCW 7.80.120. RMC 1-3-2 entitled Civil Penalties,
except pPossession, sale or discharge of fireworks not classified as
“consumer” by statute, as now or hereafter amended, shall be subject to
such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and
Chapter 212-17 WAC.
101.104. Subsection 5704.2.11, Underground Tanks, of the International
Fire Code, 2012 2015 Edition, is hereby amended to read as follows:
5704.2.11 Underground Tanks. Underground storage of flammable
and combustible liquids in tanks shall comply with Subsection 5704.2 and
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Subsections 5704.2.11.1 through 5704.2.11.5.3. Corrosion protection shall
comply with WAC 173-360-305.
All new underground storage tanks shall conform to the standards as
defined in the RMC 4-5-120, “Underground Storage Tank Secondary
Containment Regulations Ordinance” (RMC 4-5-120). All provisions of the
“Underground Storage Tank Secondary Containment Ordinance” RMC 4-5-
120 shall apply to the installation, use, maintenance, and abandonment of
underground storage tanks. All unauthorized releases from underground
storage tanks shall be reported in conformance with RMC 4-5-120.K, Release
Reporting Requirements. Leaking tanks shall be pro mptly emptied and
removed from the ground and abandoned in accordance with Subsection
5704.2.14. All new above-ground and underground tank installations and
modifications or additions to existing systems shall be subject to plan review
and installation fees as described in the City of Renton Fee Schedule
Brochure.
102.105. Subsection 5704.2.11.5, Leak prevention, of the International
Fire Code, 2012 2015 Edition, is hereby amended by adding a new subsection, to
read as follows:
5704.2.11.5.3 Leak Detection System Maintenance and Certification.
Leak detection devices and monitoring systems installed in accordance with
this subsection shall be inspected and tested at least annually by a qualified
third party, and the test results maintained on site for at least one (1) year.
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103.106. Appendix B104.2, Area separation, of the International Fire
Code, 2012 2015 Edition, is hereby amended to read as follows:
Appendix B104.2 Area separation. Portions of buildings, which are
separated by one (1) or more four (4) hour firewalls constructed in
accordance with the International Building Code, without openings, and
provided with a thirty-inch (30") parapet, are allowed to be considered as
separate fire areas.
107. Appendix B105, Fire-Flow Requirements For Buildings, of the
International Fire Code, 2015 Edition, is hereby amended to read as follows:
SECTION B105
FIRE-FLOW REQUIREMENTS FOR BUILDINGS
B105.1 One- and two-family dwellings. The minimum fire-flow and
flow duration requirements for one (1)- and two (2)-family dwellings having a
fire-flow calculation area that does not exceed three thousand six hundred
(3,600) square feet (344.5 m2) shall be one thousand (1,000) gallons per
minute (3785.4 L/min) for one (1) hour. Fire-flow and flow duration for
dwellings having a fire-flow calculation area in excess of three thousand six
hundred (3,600) square feet (344.5m2) shall not be less than that specified in
Table B105.1(2).
Exception: A reduction in required fire-flow of fifty percent (50%), as
approved, is allowed when the building is equipped with an approved
automatic sprinkler system.
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B105.2 Buildings other than one (1)- and two (2)-family dwellings.
The minimum fire-flow and flow duration for buildings other than one (1)-
and two (2)-family dwellings shall be as specified in Table B105.1(2).
Exception: A reduction in required fire-flow of up to seventy-five
percent (75%), as approved, is allowed when the building is provided with an
approved automatic sprinkler system installed in accordance with
Subsections 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less
than one thousand five hundred (1,500) gallons per minute (5678 L/min) for
the prescribed duration as specified in Table B105.1(2).
D. FIRE HYDRANTS:
1. Required for Construction: All buildings constructed within the City of
Renton shall be served by fire hydrants installed in accordance with the
requirements of this Section.
a. Plans Required Prior to Permit: No building permit shall be issued
until plans required under this Chapter have been submitted and approved in
accordance with the provisions contained in this Chapter.
b. Installation Timing: No construction beyond the foundation shall
be allowed until hydrants and mains are in place, unless approved by the
appropriate City authority, following appropriate application and a finding that
there is no life or safety threat involved.
c. Upgrade of Existing Hydrants Required: In addition, presently
existing fire hydrants which do not conform with the requirements and
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standards of this Section when replaced shall be replaced with hydrants which
do conform to the standards and requirements of this Se ction.
2. Fire Hydrant Requirements in Commercial, Business, Industrial and
Manufacturing Areas:
a. Installation Required: The owner of any building hereafter
constructed or used in the City which building or structure is not located or
accessible within one hundred fifty feet (150') of any fire hydrant and such
building or structure being located or situated in any area zoned and to be used,
or actually used for any commercial, business, industrial or manufacturing
purpose shall, at his or her expense, install or cause to have installed fire hydrant
or hydrants together with the necessary pipes, appurtenances and connections
in order to connect and hook on said hydrant or hydrants to the City’s existing
water supply. It shall be unlawful a criminal misdemeanor for any person to own,
occupy or use any building or structure as defined in RMC 8 -4-24.B, C and D,
unless such building or structure is located within one hundred fifty feet (150') of
any fire hydrant.
b. Number and Location of Hydrants: The number and location of
such hydrants shall be in accordance with good fire engineering practice and
standards, the size, location, and construction to comply with the rules and
regulations of the American Insurance Association formerly known as the
National Board of Fire Underwriters in Appendix J of the 2012 Water System
Plan Update, adopted by City of Renton Resolution No. 4154 on August 13, 2012,
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as now or hereinafter amended, and all of such installations to be duly approved
by the Fire Department prior to its acceptance thereof by the City.
c. Applicability to Annexed Properties: The aforesaid requirements
shall likewise apply to any such building or structure as hereinabove defined
which is hereafter annexed to the City.
3. Fire Hydrants in Other Areas: The owner or party in control of any
building hereafter constructed in or annexed to the City and which said structure
or building is used for school, church, rest home, hospital or multiple residential
apartments (four (4) individual apartment units or more) or any other place of
public assembly, and wheresoever located, shall at his expense install or cause to
be installed fire hydrant or hydrants unless adequate and sufficient hydrants are
located or accessible within one hundred fifty feet (150') of an y such building or
structure. The number, location, size and type of such hydrant or hydrants to be
installed shall be as specified in RMC 8-4-24.B, further reference hereby had
thereto, and all of such installation to be approved by the City Fire Department.
4. Fire Hydrants; Special Locations: In addition to the foregoing
requirements, additional hydrant or hydrants may be required or separately
required in areas which are being utilized for open storage of flammable
products, including flammable liquids, or other areas of special fire hazards with
spacing and floor requirements based on the fire protection required in each
instance; the number, size, type and location of hydrants for the aforesaid
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purpose shall be as specified in subsection D .2 of this Section and all of such
installations to be subject to the approval of the Fire Department.
5. Multiple Uses – Contract: In the event that the installation of any such
fire hydrant or hydrants as above set forth, and the connecting system
pertaining thereto, should benefit two (2) or more properties then the owners of
such benefited properties shall share the cost of such installation in the
proportion of the benefits so derived. Whenever an owner is required to install
such fire hydrant or fire hydrants under the provision of this Section and which
installation will benefit outer properties not owned or controlled by such owner,
then in any such case such owner may apply to the City for an agreement under
the provisions of the Municipal Water and Sewer Facilities Act known as chapter
261 of the Sessions Laws of 1959 35.91 RCW and any such agreement between
such owner and the City shall run for a period not to exceed five (5) years and
thus permit such owner to recover a portion of the cost of such initial in stallation
from other parties in the event of any such future hook up or connection. Such
contract shall further provide that the owner of any building or structure
subsequently erected shall not be permitted, during the term of the aforesaid
contract, to make any hook up or connection to the City’s water system or to any
such hydrant until such owner has paid his proportionate fair share of the initial
cost of such installation as set forth in said contract. Any such agreement
entered into between such owner causing such installation and the City shall be
filed for record with the King County Auditor’s Recorder’s office and thereupon
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such filing shall constitute due notice of the terms and requirements therein
specified to all other parties. The City furthe r reserves the right, upon approval
of the City Council, to participate in the installation of any oversized water line
extensions or additional or extra improvements relative to such installations.
6. Fire-Flow Requirements:
a. Basis for and Computation of Fire-Flow Requirement: The fire-
flow requirement applied by the Fire Marshal under the provisions of this section
shall be based upon criteria established in Appendix B of the International Fire
Code as amended, added to or adopted herein. Appendix B of the International
Fire Code is hereby adopted by reference. One copy of that document shall be
filed in the City Clerk’s office and be available for use and examination by the
public.
b. Unknown Fire-Flow: Where the existing fire-flow is not known or
cannot be easily determined, it shall be required of the developer to compute
the available fire-flow using standards and criteria set forth at Renton City
Ordinance No. 3056 in Appendix J of the 2012 Water System Plan Update,
adopted by City of Renton Resolution No. 4154 on August 13, 2012, as now or
hereinafter amended.
7. Residential Sprinkling Permitted: When the fire-flow is less than one
thousand (1,000) gallons per minute but greater than five hundred (500) gallons
per minute, then residential structures shall be permitted to be served by
sprinklers unless the Fire Chief has made a written finding that the public saf ety,
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health or welfare will be threatened, stating the factors upon which such finding
is based, in which case residential structures shall not be permitted to be
constructed at such location.
8. Number of Hydrants Required: The number of fire hydrants that shall
be required for the new construction or a defined risk shall be based on the
amount of fire-flow that is required to protect said risk. The requirement shall be
one hydrant per one thousand (1,000) g.p.m. fire-flow.
9. Location of Hydrants:
a. Minimum Distances from Structures: These fire hydrants shall be
located no closer than fifty feet (50') from the structure and no greater than
three hundred feet (300'). The primary hydrant shall be not further than one
hundred fifty feet (150') from the structure.
10. Hydrant Accessibility: Hydrants shall not be obstructed by any
structure or vegetation, or have the hydrant visibility impaired within a distance
of one hundred fifty feet (150') in any direction of vehicular approach to the
hydrant. All hydrants are to be accessible to Fire Department pumpers over
roads capable of supporting such fire apparatus.
a. Fire Marshal Discretion: The Fire Marshal shall have discretion to
determine the location of the hydrants based upon a review of the location of
the existing utilities, topography and the characteristics of the building or
structure; minor deviations may be granted by Fire Department approval of
written requests.
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11. Design and Installation Requirements: The installation of all fire
hydrants shall be in accordance with sound engineering practices. In addition,
the following requirements shall apply to all building construction projects:
a. Two (2) copies of detailed plans or drawings, accurately indicating
the location of all valves and fire hydran ts to be installed shall be submitted to
the Fire Marshal prior to the commencement of any construction.
b. All fire hydrants must be approved by the City of Renton, Public
Works Department.
c. All construction of the fire hydrant installation and its atte ndant
water system connection shall conform to the design standards and
specifications of the City of Renton.
d. Fire hydrant installation shall be adequately protected against
vehicular damage in accordance with RMC 4-6-010.A.
e. An auxiliary gate valve shall be installed at the main line tee to
permit the repair and replacement of the hydrant without disruption of water
service.
f. All hydrants shall stand plumb, ±3°, to be set to the finished grade
with the bottom flange two inches (2") above ground or curb grade and have no
less than thirty-six inches (36") in diameter of clear area about the hydrant for
the clearance of hydrant wrenches on both outlets and on the control valve.
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g. The port shall face the most likely route of approach and location
of the fire truck while pumping; distance from pumper port to street curb shall
be no further than twelve feet (12'), all as determined by the Fire Marshal.
h. The lead from the service main to the hydrant shall be no less than
six inches (6") in diameter. Any hydrant leads over fifty feet (50') in length from
water main in hydrant shall be no less than eight inches (8") in diameter.
i. All hydrants newly installed in single family residential areas shall be
supplied by not less than six inch (6") mains, and shall be capable of delivering
one thousand (1,000) g.p.m. fire-flow over and above average maximum
demands at the farthest point of the installation. Hydrant leads up to fifty feet
(50') long may be six inches (6") in diameter.
j. All hydrants shall conform to the latest revised City of Renton
Standard Detail and Specifications.
k. All pipe shall meet City of Renton standards per pursuant to RMC 4-
6-010.A.
l. The maximum distance between fire hydrants in single family use
district zones shall be six hundred feet (600').
m. The maximum distance between fire hydrants in commercial,
industrial and apartment (including duplex) use district zones shall be three
hundred feet (300').
n. Lateral spacing of fire hydrants shall be predicated on hydrants
being located at street intersections.
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o. The appropriate water authority and Fire Department shall be
notified in writing of the date the fire hydrant installation and its attendant
water connection system will be available for use.
p. The Fire Marshal shall be notified when all newly installed hydrants
or mains are placed in service.
q. Where fire hydrants are not in service, they shall be identified as
being out of service by a method approved by the Fire Marshal.
12. Special Requirements for Buildings More Than Two Hundred Feet
(200') from a Street Property Line: The requirements of this Section apply to all
building construction projects in which buildings are located or are to be located
such that any portion is more than two hundred feet (200') in vehicular trave l
from a street property line, except detached single family dwellings:
a. Buildings that have required fire-flows of less than two thousand
five hundred (2,500) g.p.m. may have fire hydrants on one (1) side of the
building only.
b. When the required fire-flow is over two thousand five hundred
(2,500) g.p.m., the fire hydrants shall be served by a main which loops around
the building or complex of buildings and reconnects back into a distribution
supply main.
c. The number of fire hydrants that shall be required for the new
construction or a defined risk shall be based on the amount of fire -flow that is
required to protect said risk. The requirement shall be one (1) hydrant per one
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thousand (1,000) g.p.m. fire flow. These fire hydrants shall be located no closer
than fifty feet (50') from the structure and no greater than three hundred feet
(300'). All hydrants are to be accessible to Fire Department pumpers over roads
capable of supporting such fire apparatus. The Fire Marshal shall determine the
location of the hydrants based upon a determination of utility, topography and
building or structure; minor deviations may be granted by Fire Department
approval of written requests.
13. Water System Requirements for Hydrants: All fire hydrants shall be
served by a municipal or quasi-municipal water system, or as otherwise
approved by the Fire Marshal.
14. Service and Testing of Hydrants: All hydrants shall be subject to
testing, inspection and approval by the Fire Control Division Department.
15. Prohibited Hydrants: The installation of flush type hydrants is
prohibited unless approved by the Fire Marshal and such approval shall be given
only when permitted fire hydrants would be dangerous or impractical. The
showing of such danger or impracticability shall be the burden of the builder.
16. Dead End Mains Prohibited: Provisions shall be made wherever
appropriate in any project for looping all dead end or temporarily dead end
mains. A minimum fifteen foot (15') easement shall be required. Construction
plans must be approved by the Public Works Department as per this Section and
other applicable City regulations prior to commencement of construction.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
94
17. Meter or Detection Required for Private Water or Fire Service:
Services for fire protection must be metered or detector checkered at the
expense of the owner and fitted with such fixtures only as are needed for fire
protection and must be entirely disconnected from those used for other
purposes.
18. Use for Other Than Fire Protection Prohibited: In no case will any tap
be made upon any pipe used for fire service purposes or any tank connected
therewith, nor shall the use of any water be permitted through any fire service
nor through any pipes, tanks or other fixtures therewith connected for any
purposes except the extinguishing of fire on such premises or testing flows for
fire control purposes.
19. Changes Requiring Increased Fire Protection: Whenever any change
in the use, occupancy or construction of any premises or purposes as
hereinabove defined require any increased fire and hydrant protection, the
owner, owners or person in charge of such premises shall proceed promptly
toward securing adequate protection and all such installation or changes to be
completed providing for such increased fire protection, prior to the use or
occupancy of such facilities.
20. Violation of This Section and Penalties: Unless otherwise specified,
violations of this Section are misdemeanors subject to RMC 1-3-1. Each day upon
which a violation occurs or continues constitutes a separate offense.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
95
SECTION IX. Subsection 4-5-120.J.5, Fee, of Chapter 5, Building and Fire Prevention
Standards, of Title IV (Development Regulations) of the Renton Municipal Code is amended as
follows:
5. Fee: The application for a permit pursuant to this Section shall be
accompanied by the fee stipulated in RMC 4-1-150, Fire Prevention Fees the City
of Renton Fee Schedule.
SECTION X. Subsection 301.3.4.1 Fire protection systems, of subsection 4-5-130.B.2,
of section 4-5-130, International Property Maintenance Code, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code is
amended as follows:
301.3.4.1 Fire protection systems: All fire suppression and alarms
systems shall be maintained in a working condition and inspected as required by
the Fire and Emergency Services Department.
SECTION XI. Subsection 301.3.4.3 Fire inspections, of subsection 4-5-130.B.2, of
section 4-5-130, International Property Maintenance Code, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code is
amended as follows:
301.3.4.3 Fire inspections: Periodic Fire and Emergency Services
Department inspections may be required at intervals set forth by the Fire Chief.
SECTION XII. Footnote 8, Requirement, of subsection 4-6-060.F.2, Minimum Design
Standards for Public Streets and Alleys, of Chapter 6, Street and Utility Standards, of Title IV
(Development Regulations) of the Renton Municipal Code is amended as follows:
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
96
8 Requirement: Either fire sprinklers shall be provided as approved by
the Fire & Emergency Services Department or a clear roadway area shall be
provided for emergency vehicles midblock. All of the clear area must be 20 feet
in width for vehicular movement with a minimum length of 50 feet and
maximum length of 100 feet, so as to provide emergency access to homes within
150 feet. Along the clear area only, the planting strip would not be required and
the clear area will be in place of the landscaping area.
SECTION XIII. Subsection 4-6-060.H.3, Turnaround Design, of Chapter 6, Street and
Utility Standards, of Title IV (Development Regulations) of the Renton Municipal Code is
amended as follows:
3. Turnaround Design: The hammerhead turnaround shall have a design
approved by the Administrator and the Fire Department and Emergency
Services.
SECTION XIV. Subsection 4-6-060.H.4, Cul-de-Sac Design, of Chapter 6, Street and
Utility Standards, of Title IV (Development Regulations) of the Ren ton Municipal Code is
amended as follows:
4. Cul-de-Sac Design: Cul-de-sacs shall have a minimum paved and
landscaped radius of forty-five feet (45') with a right-of-way radius of fifty-five
feet (55') for the turnaround. A landscaped center island with a radius of twenty
feet (20') delineated by curbing shall be provided in the cul-de-sac. The
landscaping shall be maintained by the homeowners’ association or adjacent
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
97
property owners. The cul-de-sac turnaround shall have a design approved by the
Administrator and the Fire and Emergency Services Department.
SECTION XV. Subsection 4-6-060.H.6, Waiver of Turnaround, of Chapter 6, Street and
Utility Standards, of Title IV (Development Regulations) of the Renton Municipal Code is
amended as follows:
6. Waiver of Turnaround: The requirement for a turnaround or cul-de-
sac may be waived by the Administrator with approval of the Fire and Emergency
Services Department when the development proposal will not create an
increased need for emergency operations pursuant to RMC 4 -9-250C, Waiver
Procedures.
SECTION XVI. Subsection 4-8-060.C, Application Location, of Chapter 8, Permits
– General and Appeals, of Title IV (Development Regulations) of the Renton Municipal
Code is amended as follows:
C. APPLICATION LOCATION:
All land use, building, and public works applications addressed in this Title
shall be filed with the Development Services Division. All fire permits shall be
filed with the Fire Prevention Bureau Department.
SECTION XVII. Subsection 4-9-110.E.2, Referrals, Recommendations of Department,
of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
2. Referrals, Recommendations of Department: The Development
Services Division shall transmit copies of the proposed mobile home park plan to
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
98
the Public Works Department, the health agency, the Fire and Emergency
Services Department and copies to other department heads and agencies as
necessary for their review and recommendation. Two (2) copies shall be retained
by the Hearing Examiner. These departments and agencies shall make, within
the scope of their municipal functions, their respective recommendations
regarding the mobile home park plan to the Development Services Division, in
writing, not less than fifteen (15) days prior to the date of hearing.
SECTION XVIII. Subsection 4-9-240.C.3, Exemptions for Special Sales and Ancillary
Events Promoting and Located on the Site of an Existing Permanent Business and Not Requiring
a Separate Business License, of Chapter 9, Permits – Specific, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
3. Exemptions for Special Sales and Ancillary Events Promoting an d
Located on the Site of an Existing Permanent Business and Not Requiring a
Separate Business License: If determined by the Community and Economic
Development Administrator to be of limited duration with minimal impact on
neighboring properties, such special sales/events shall not require issuance of a
temporary use permit but may require a permit from the Fire Prevention Bureau
Department and/or King County Health Department.
SECTION XIX. Subsection 4-9-240.K.3.j, Inspections, of Chapter 9, Permits – Specific, of
Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
j. Inspections: The temporary homeless encampment shall permit
regular inspections by the City, including the Police Department and the Fire and
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
99
Emergency Services Department, and King County Health Department, to check
compliance with the standards for the temporary homeless encampment.
SECTION XX. Subsection 4-9-240.N, Other Required Permits, of Chapter 9, Permits –
Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
N. OTHER REQUIRED PERMITS:
The temporary use may also require permits and inspections from both the
Fire and Emergency Services Department and/or Development Services Division
to ensure that the temporary use is in compliance with Fire/Building Codes.
SECTION XXI. The definitions of “Fire Chief” and “Fire Department” in section 4-11-060,
Definitions F, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, are amended as follows:
FIRE CHIEF: The City of Renton Fire Chief or designee chief administrative officer
of the Renton Regional Fire Authority.
FIRE DEPARTMENT: The Renton Fire Department Renton Regional Fire Authority.
SECTION XXII. The definitions of “Hazardous Materials” and “Hazardous Materials
Inventory Statement” in section 4-11-080, Definitions H, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as follows:
HAZARDOUS MATERIALS: Those chemicals or substances which are physical or
health hazards as defined and classified in Article 80 of the Uniform Chapter 50
of the International Fire Code as adopted or amended by the City whether the
materials are in usable or waste condition; and any material that may degrade
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
100
groundwater quality when improperly used, stored, disposed of, or otherwise
mismanaged. RMC 4-3-050R, Generic Hazardous Materials List, provides a list of
common substances that may be hazardous materials. Article VI-A of the
Uniform Appendix H of the International Fire Code provides further information,
explanations, and examples of hazardous materials.
HAZARDOUS MATERIALS INVENTORY STATEMENT: A form provided by the
Department or the Fire Prevention Bureau Department and completed by a
facility owner that provides specified information regarding hazardous materials
at the facility.
SECTION XXIII. Section 5-3-2, Salaries of Appointive Officers, of Chapter 3, Salaries, of
Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as
follows:
5-3-2 SALARIES OF APPOINTIVE OFFICERS:
The appointive officers shall receive such salaries as are fixed and established by
City of Renton ordinances and such salaries shall be paid in equal semi -monthly
installments unless otherwise determined by the City Council or by State law. For
the purpose of this Section the appointive officers are those appointed by the
Mayor and whose appointment is subject to confirmation by the City Council.
They shall include, among others: Chief Administrative Officer, Administrative
Services Administrator, Hearing Examiner, Human Resources and Risk
Management Administrator, Public Works Administrator, Community Services
Administrator, Community and Economic Development Administrator, City
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
101
Attorney, Police and Fire Chief as per applicable civil service laws, and the City
Clerk.
SECTION XXIV. Subsection 5-12-5.A of Chapter 12, Adult Entertainment Standards, of
Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as
follows:
A. The Fire and Emergency Services Department and the Community and
Economic Development Department for reports on compliance with all
applicable fire, building and zoning codes of the City,
SECTION XXV. The definition of “Substantial Public Services” in subsection 5-22-2,
Definitions, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is
amended as follows:
SUBSTANTIAL PUBLIC SERVICES: A material increase in the amount, scope or
level of necessary fire, police, traffic control, crowd control, or other public
resources above those that would normally be required without the event. With
respect to police resources, “substantial public services” means resources for
crowd management or traffic control required for the event. It also includes
instances where Fire and Emergency Services Department personnel are
impacted by the volume of participants, or when environmental conditions are
such that the impact to the crowds would be anticipated and that these
conditions would reduce the effectiveness of on-duty personnel requiring the
recall of sufficient personnel to assist the participants as well as maintaining the
required level of service to the City.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
102
SECTION XXVI. Section 8-4-35, Interference with Fire Hydrants Prohibited, of Chapter
4, Water, of Title VIII (Health and Sanitation) of the Renton Municipal Code, is amended as
follows:
8-4-35 INTERFERENCE WITH FIRE HYDRANTS PROHIBITED:
It shall be unlawful for any person except when duly authorized by the
Planning/Building/Public Works Administrator, or who shall be a member of the
Fire Department, to open, operate, close, turn on, turn off, interfere with, attach
any pipe or hose to or connect anything with any fire hydrant belonging to the
City.
SECTION XXVII. The definition of “Authorized Emergency Vessel” in section 9-3-2,
Definitions, of Title IX (Public Ways and Property) of the Renton Municipal Code, is amended as
follows:
AUTHORIZED EMERGENCY VESSEL: Any authorized vessel or watercraft of the
City Police Department, City Fire Department, King County Sheriff’s Department,
the United States Government, and State of Washington authorized patrol
vessels or watercraft.
SECTION XXVIII. Subsection 9-11-2.H, Structure Address, of Chapter 11, Street Grid
System, of Title IX (Public Ways and Property) of the Renton Municipal Code , is amended as
follows:
H. Structure Address: One address shall be assigned to each building, except
residential accessory buildings, and except nonresidential buildings that have
more than one street frontage with approval by the Fire Department and
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
103
Emergency Services. In the event of planned urban development, office park, or
industrial complex which incorporates several buildings, or has the potential to
add one or more buildings, provision shall be made to allow for buildings to be
addressed as separate addresses, one per building. In the event address
numbers are not available for more than one building, alphabetical suffixes for
each building in the complex shall be applied. Structure addresses shall be
expressed in whole numbers, with no fractional appendages.
SECTION XXIX. This ordinance shall be in full force and effect on July 1, 2016. A
summary of this ordinance shall be published in the City’s official newspaper. The summary
shall consist of this ordnance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1922:5/27/16:scr
AGENDA ITEM # 8. c)
�����
����. �
CITY OF
EXECUTIVE DEPARTMENT �,,,,,,rrrr�"'������� 7
--.__..�.....w�.�
M E M Q R A N D U M
DATE: June 13, 2Q15
TC1: Randy Corman, Caunci) President
Members of the Renton City Caunci)
FROM: Denis Law, Mayor
1ay Cavington, Chief Administrative C}fficer
SUBJECT: Administrative Report
In addition to our day-to-day activities, the foilowing are same items worthy of note for this
week:
• Please join us Tuesday, aune 14th,from 3:00 p.m. untif 7:00 p.m. as the Renton Farmers
Market celebrates our first-ever 2nd Tuesday Faod Trucks! This season, you can expect to
see 3 to 4 papular food trucks over at Market West every 2nd Tuesday in 1une,luly, August,
and September. In additian to food trucks, shoppers will enjoy iive music, tips from Master
Gardeners, cooking demonstrations, children's activities, and of course all the fresh, lacal
foods you expect!
• Preventative street maintenance, traffic impact projects, and road clasures will be at the
following locations.
✓ Monday,June 13th through Friday,June 17th, approximately 8:Q0 a.m.to 5;00 p.m.
Single lane closures will take place on �.ake Washington Blvd j�ast north of Houser Way
North due to storm main installation. Approved traffic cantrol plans have been issued
far aN work and wi11 be followed. Questions may be directed to Patrick DeCaro at 206-
�a�-so1�.
✓ Manday,lune 13th through Sunday,lune 19th. The two west lanes on Main between
2nd and 3rd wili be closed far project improvements while the east ianes wiil be open
for traffic flow. Approved traffic contral plans have been issued for all work and wili be
followed. The on-site inspector, Pat Miller, can be reached at 206-794-6162.
✓ Monday,lune 13th through Sunday,June 19th. Cane closures on SW 41st Street, SW
43rd Street, and Lind Avenue SE around IKEA will take place due to utility installatian,
Appraved traffic cantrol pians have been issued for ali work and wili be followed.
Questions may be directed to Tom Main at 206-999-1833.
✓ Monday,June 13th through Wednesday,June 15th, approximately 8:00 a.m. to 3:00
p.m. Intermittent lane clasures will take place along the curb side southbound lane of
Rainier Avenue South between SW 7th 5treet and SW Victaria Street far fiber aptic line
Randy Corman,Council President
Members of Renton City Council
Page 2
June 13, 2016
installation. Approved traffic control plans have been issued for all work and will be
followed. Questions may be directed to Brad Stocco at 425-282-2373.
✓ Tuesday,June 14th. North 3rd Street and North 4th Street between Logan Avenue
North and Burnett Avenue North will be closed for paving. A detour accessing North 3rd
Street via North 6th Street will be in effect. Logan Avenue North will be closed between
North 3rd Street and North 4th Street. Crews will have a uniformed police officer onsite
at North 6th Street and Logan Avenue North to direct traffic. Questions may be directed
to James Wilhoit at 425-430-7319.
✓ Tuesday,June 14th through Thursday,June 16th, approximately 9:00 a.m. to 3:30 p.m.
Both eastbound and westbound curb lanes along Maple Valley Highway at Carco Park
will be closed for maintenance work. Questions may be directed to James Wilhoit at
425-430-7319 or via email at jwilhoit@rentonwa.gov. For updates visit the project web
page at http://rentonwa.gov/living/default.aspx?id=8026.
✓ Monday,June 13th through Friday,July 1st, approximately 7:00 a.m.to 4:00 p.m.
Street maintenance crews will be grinding and repaving both directions of Talbot Road
South between South 33rd Place and South 23rd Street. Lane closures will be in effect
and traffic will be managed by use of flaggers. Question may be directed to John
Kalmbach at 425-766-6183.
✓ Monday,June 13th through approximately August 31st. Logan Avenue North between
North 6th Street and Airport Way will be closed 24/7 to all southbound traffic during
construction of the Logan Avenue Improvement Project. Southbound Logan Avenue
North traffic will be rerouted along Park Avenue North to Bronson Way and South 2nd
Street. Questions may be directed to James Wilhoit at 425-430-7319 or via email at
jwilhoit@rentonwa.gov. For updates, visit the project web page at Rentonwa.gov.
� CITY OF
EXECUTIVE DEPARTMENT Rentan �
M E M O R A N D U M
DATE: June 13, 2016
TO: Randy Corman, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
In addition to our day-to-day activities, the following are some items worthy of note for this
week:
• Please join us Tuesday, June 14th, from 3:00 p.m. until 7:00 p.m. as the Renton Farmers
Market celebrates our first-ever 2nd Tuesday Food Trucks! This season, you can expect to
see 3 to 4 popular food trucks over at Market West every 2nd Tuesday in June, July, August,
and September. In addition to food trucks, shoppers will enjoy live music, tips from Master
Gardeners, cooking demonstrations, children's activities, and of course all the fresh, local
foods you expect!
� Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday,June 13th through Friday,June 17th, approximately 8:00 a.m.to 5:00 p.m.
Single lane closures will take place on Lake Washington Blvd just north of Houser Way
North due to storm main installation. Approved traffic control plans have been issued
for all work and will be followed. Questions may be directed to Patrick DeCaro at 206-
207-6013.
✓ Monday,lune 13th through Sunday,June 19th. The two west lanes on Main between
2nd and 3rd will be closed for project improvements while the east lanes will be open
for traffic flow. Approved traffic control plans have been issued for all work and will be
followed. The on-site inspector, Pat Miller, can be reached at 206-794-6162.
✓ Monday,lune 13th through Sunday,June 19th. Lane closures on SW 41st Street, SW
43rd Street, and Lind Avenue SE around IKEA will take place due to utility installation.
Approved traffic control plans have been issued for all work and will be followed.
Questions may be directed to Tom Main at 206-999-1833.
✓ Monday,lune 13th through Wednesday,June 15th, approximately 8:00 a.m. to 3:00
p.m. Intermittent lane closures will take place along the curb side southbound lane of
Rainier Avenue South between SW 7th Street and SW Victoria Street for fiber optic line
Randy Corman,Council President
Members of Renton City Council
Page 2
June 13, 2016
installation. Approved traffic control plans have been issued for all work and will be
followed. Questions may be directed to Brad Stocco at 425-282-2373.
✓ Tuesday, June 14th. North 3rd Street and North 4th Street between Logan Avenue
North and Burnett Avenue North will be closed for paving. A detour accessing North 3rd
Street via North 6th Street will be in effect. Logan Avenue North will be closed between
North 3rd Street and North 4th Street. Crews will have a uniformed police officer onsite
at North 6th Street and Logan Avenue North to direct traffic. Questions may be directed
to lames Wilhoit at 425-430-7319.
✓ Tuesday,June 14th through Thursday,June 16th, approximately 9:00 a.m. to 3:30 p.m.
Both eastbound and westbound curb lanes along Maple Valley Highway at Carco Park
will be closed for maintenance work. Questions may be directed to James Wilhoit at
425-430-7319 or via email at jwilhoit@rentonwa.gov. For updates visit the project web
page at http://rentonwa.gov/living/default.aspx?id=8026.
✓ Monday,June 13th through Friday,July 1st, approximately 7:00 a.m.to 4:00 p.m.
Street maintenance crews will be grinding and repaving both directions of Talbot Road
South between South 33rd Place and South 23rd Street. Lane closures will be in effect
and traffic will be managed by use of flaggers. Question may be directed to John
Kalmbach at 425-766-6183.
✓ Monday, June 13th through approximately August 31st. Logan Avenue North between
North 6th Street and Airport Way will be closed 24/7 to all southbound traffic during
construction of the Logan Avenue Improvement Project. Southbound Logan Avenue
North traffic will be rerouted along Park Avenue North to Bronson Way and South 2nd
Street. Questions may be directed to James Wilhoit at 425-430-7319 or via email at
jwilhoit@rentonwa.gov. For updates, visit the project web page at Rentonwa.gov.
�/o"V-:: --
� CITY 4F
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City Council Re�ular Meetin�
7:00 PM- Monday, ��,�..o-v—Q� ��,_ ��� �
Council Chambers, 7th Floor, City Hall- 1055 S. Grady Way
AUDIENCE COMMENT
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
PLEASE PRINT CLEARLY
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fp��3�r�t (P
�c��te�c� eovu,Me��s
TO: EASTSIDE TRANSPORTATION PARTNERSHIP OFFICERS AND MEMBERS
FROM: WILL KNEDLIK `�� �
RE: TWO MIIVIMUM NEEDS OF SUBURBAN RESIDENTS FOR SOUND TRANSIT 3
�
DATE: JUNE 10, 2016
Discussion Memorandum
' All thinking people of good will should be able to agree that the Sound Transit 3 tax ballot is not
simply immense, but also yet more important for the three-county region encompassed within the
junior taxing district's legal boundaries, as well as for several adjacent counties and for our state.
Hence, whether you are an elected official who truly feels that Seattle-centric transit programs to
be promoted to citizens at the General Election on November 8th represent the very best uses of
tax dollars since rail transport was originally built at Salzburg, near the end of the European Dark
Ages, in circa 1495 AD or since the Sun King Louis XIV granted a royal patent to the true genius
Blaise Pascal for invention of modern transit for Paris, and for its suburbs, in 1662 AD (as some
now holding positions of public of trust here do), or whether you find ST3 a far bigger fraud than
' Trump University(as I have reluctantly concluded), making common cause vis-a-vis two needs is
not just essential, nor merely feasible, but squarely indicated by our state's Expert Review Panel.
; At that Panel's meeting on June 6th, senior Sound Transit managers belatedly identified that ST3
� plans, as approved in draft form by the agency's Board on June 2nd, include projects that would
I add $49 in"Cost per New Transit Rider" in the Snohomish subarea; $81, $84 and $141 for every
new transit trip in the East King County subarea; and $171 for each new user in Pierce County.
Worse still, under incisive questioning by Panel members, Sound Transit staff first admitted that
members of the district's Board were not informed of those gigantic costs before they had voted,
and later stated that this vital information was withheld because"federal law does not require it."
Also at that important Panel meeting, documentation was presented that Sound Transit has been,
and is, passing off more-than-$77 billion to be collected in local t�es between 2017 and 2041 as
$27.7 billion (so as to create an effective $50 billion fraud on citizens as voters and as taxpayers).
"Average" household costs would thus be $2,280 each year instead of$400 (as falsely claimed).
Those calculations for $77.1 billion to be collected from 1.2 million households over 25 years are
I attached hereto, and shall be updated when Sound Transit eventually stops playing hide-the-total-
tax-take from citizens and from elected officials (including, reportedly, its own Board members).
� Suburban residents clearly need and deserve to know our real costs for sales taxes for STl, ST2
and ST3 combined (based on income and on spending), for property taxes (based on assessments
of our homes whether leased or owned) and for motor vehicle excise taxes (based on numbers of
and values for all cars, motorcycles, trailers and trucks to bear Sound Transit's taxes). An online
calculator can be supplied easily(but iff the junior taxing district finally starts to show good faith).
Your constituents also need and deserve to know that you will fulfill your fiduciary duties to us
by ensuring that ALL subarea-equity allocations rest directly on fully reliable Orca card data that
objectively match our costs with our actual system usage, as last-minute changes to ST3 did for a
second downtown Seattle rail tunnel, rather than on arbitrary-and-subjective fiat Board actions!
Sound Transit�s tax collections from residents of King, Pierce and Snohomish counties
Sound Transit 1 and Sound Transit 2 tax collections from 1.2 million households to 2016:
1997-2015 $8.4 billion (from combined tax collections from ST1 since 1997 + ST2 since 2009) �
2016 $800 million(from combined ST1 + ST2 tax collections indicated for current year)
lst 20 years: $9.2 billion (from combined ST1 + ST2 tax collections over the initial two decades}
Thus: $7,664 in taxes collected from each"average" local household in first 20 years
including$660 in taxes to be collected from each"average"household in 2016
($800 million divided by 1.2 million district households)
Additional Sound Transit tax collections from local households during 25 years to follow:
From combined ST1+ST2+ST3(if ST3 approved) From combined ST1+ST2(if ST3 reiectedl
2017 $1.5 billion (over an initial phase-in year) $850 million
or circa$2 billion if the 65th Legislature or circa$1.1 billion if the 65th Legislature
expands sales taxes to services rn 2017* expands sales taxes to services in 2017*
2018 $2 billion(in first year of full tax receipts) $900 million
or circa$2.S billion if sales tax expands* or circa$1.1625 billion if sales tax expands*
2019 $2.1 billion $950 million
or circa$2.65 billion ifsales tax expands* or circa$1.225 billion ifsales tax expands*
2020 $2.2 billion $1 billion
or circa$2.8 billion ifsales tax expands* or circa$1.2875 billion ifsales tax expands*
2021 $2.3 billion $1.OS billion
or circa$2.95 billion ifsales tax expands* or circa$1.35 billion ifsales tax expands*
*Extension of sales taxes largely from goods, today, to nl�lude most-or-all s�rvices is th� simpl�st means for the
65th VC�ashington State L�gislatur�to add billions of dollars in ne.�u t�r�v�nue to fmance public�ducation"amply"
—as the"paramount duty"r�quir�d of th�sYat�by Arti�le IX of th�V4�ashington Stat�Constitution—and,th�reby,
to �nd the$100,000 p�r-day fin�imposed by th��ashington State Supreme Court in August, 2015,for cont�mpt
of�ourt, on Yhe stat� and, thus, on ea�h state taxpayer, du�to several d�cades of governm�ntal failures to fund iYs
publi� s�hool programs adequately. Any such fiscal resolution �vould gen�rate a mulribillion-dollar t� �uindfall
for Sound Transit financ�s no.�v r�liant mainly on sales t�es,and vvould hug�ly boost mor�-than-$2 million already
beuig r�c�ived by the junior taxing district from r�sidents,every day,und�r tv�ing authority for its in�omplete STl
and ST2 proje�ts even if vQters reject SQund Transit's immense prQpQsed tax hike Qn NQvember 8,2016. (On
Iune 6th,a stat�-appoinYed Exp�-t R�vi��Panel id�nlified a lik�tivis�gigantic tax windfall as int�rnet sales�volve.)
2022 $2.4 billion $1.1 billion
ar circa$3.1.biltion if sales tax expands* or circa$1.4125 billion rf sales tax ex�aands*
� 2023 $2.5 billion �1.15 billion
I or circa$3.25 hillion ifsales tax expands* ar circa$I.475 billian ifsales tax expand.s*
' 2024 $2.6 billian $1.2 bzllion
I or circa$3.4 billion if sales tax expernds* or circa$1.5375 billion if sales tax expands*
� 2025 $2.7 billion $125 billion
or circa$3.55 biltion ifsaZes tax expands* ar circa$1.6 billion ifsales tax expands*
202b �2.8 billian $1.3 biliion
or eirccz$3.7 billion ifsales tax expands* or crrca$1.5625 billion ifsales tax expands*
2027 $2.9 billian $1.35 billion
or circa$3.85 billian rfsales tax expands* or crrca$1.725 billion ifsales tax expands*
. 2028 $3 billion $�.4 billion
�
i or circa$4 billiran if sales tax expands* or circa$1.7875 Billion i,f'sales tax expands*
�
" 2029 $3.I billion $1.45 billion
j or circa$4.1 S lafllian if sates tax expands* or czrca$1.85 billion if sales tax expands*
�
� 243Q $3.2 bzllion $1.5 billion
I or circa$4.3 billiQn ifsales tax expands* or cirea,�1.9125 blllion ifsales tax expands*
��
2031 $3.3 billian $1.55 billion
� or circa$4.45 brlZion zfsales tax expands* ar circa$1.975 billion rfsales tax expands*
i 2032 $3.4 billion $1.6 billion
�
( or circa$4.6 billion ifsales tax expands* ar circa$2.037�billzon ifsales tax expands*
�I
2433 $3.S bzllion $1.b5 billion
or circa$4.75 billiot�if sales tc�expands* or eirca$2.1 billiot�if sades tax expands*
i
2034 $3.6 billian $1.7 billion
or circa$4.9 billion ifsales tax expands* or circa$2.1 b25 billi�an rfsales tax expatzds*
� 2
2035 $3.7 billion $1.75 billion
ar circa�S.OS billion ifsales tczx expands* or circa$2.225 billion ifsales tax expands*
2036 $3.8 billion $1.8 billion
ar circa,�5.2 billion�sales tax expands* or circa�2.2875 billion ifsales tax expands*
2037 �3.9 billion $1.85 billion
or circa$5.35 billiQn rfsales tctx expands* ar circa.�2.35 billi�an ifsales tc�ex�ands*
2038 $4 billian $1,9 billion
or circa$S.5 brllic�n if sales tax expands* or circa$2.4125 brllian if sales tax expands*
2039 $4.1 billion $1.95 billion
or cirea�5.65 billion ifsales tax expand.s* or circa�i2.475 billion ifsales tax expands*
2Q44 $4.2 billion $2 billion
or circa$S.8 billian ifsales tax expands* ar circa$2.5375 bilCzon i,fsales tax expernds*
2041 $4.3 billion $2.05 billion
or circa$S.95 billron if sales tax expands* or circa,�2.6 billion if sales tcnc expands*
Next 25 years:$7"7.1 billion in additional ST taxes or�3b,1S billian in additianal �T taxes
or circa�1 D4 billian if sales taa:expands* or circa�45 billion if sates tax expands*
versus Saund Transit's Iacal-tax estimate af$27,7 billion for ST3 through 2041
for�63,900 in tax coliectians fram each "average"hausehold at$2,280 t�er vear
{or$86,300 in added ST3 tax collectzon per household if sales tax expands}
versus Sound Transit's claim of$10,00{�for ST3 per househald at$400 per year
Nota Bene:Rev�nu�praje�tions shali be updated wh�z�crucial fiscal infarmation reqnest�d from Sound Transit by
tl��statc's Exp�rt Revi�w Panel an F�bxuary 9,2Q16 dir��tly_—and r�fus�d by that juniar taxing distri�t's planners
an th�sam�day_ summarily—is made availal�le to stap,��entually,its bur�aucrati��vithholding of vital fman�ial
data frorn th�state's ov�rsigl�t panel in ord�r to thwart its pivotal statutory responsibiliti�s und�r RGW 81.144.110.
Th�reaft�r, it sha11 finally b�possible to asceertain the full dim�nsiolxs af what uow appears to constitute a n�arly
$50 billion fraud by that transit agen�y on its taxpay_Qrs tl�rough hug�misuses of public fiuids to pass off pver
�77 biIlion in addi#ional taa�s as�27.7 biIlion,as�vQIfi as�2,280-p�r-y�ar"a��rage"hous�hold�Qsts as$400.
Email factual-and-fis�al input, as w�13 as indi�ia of otl7er Sound Transit,frauds, ta Trc�thlnTaxatian�aol.cam, or
r�quest more details as to infs�rmation as s�t aut h�reinabove,initially,from Will Kn�dlilc at�vknedlik�gmail.corn.
3
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• Changes during draft plan development
• Revisedprojectdefinitions _
• Latest software version
• Incremental increases in transit trips - review _ -
• Base Year 2014—about 390,000 transit trips daily
• Stage 1-Population and employment growth—up to 41%more transit
trips �
• Stage 2-Increased road congestion,driving and parking costs—up to 4% �
more transit trips than Stage 1 ,
• Stage 3—Changing the transit neiwork including ST3—up to 40%more •
transit ridership than Stage 2 • .
• After all 3 stages: 657,000—797,000 transit trips In 2040
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LightRail 38,900 305,D00-371,OD0 477,000-591,000
Sounder Commuter Rail I 14,600 I 33,000—45,000 I 31,000—41,000
STBRT I �/a � n/a I 24,000-29,000 I r
ST Express Bus I 63,000 I 62,000—75,000 I 29,000—34,000 I
TotalBoardings I 116,800 I 400,000-491,D00 I 561,000-695,000 1
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�ennyto5tadium-,NewlLtght'RatlTunnel `Y�� $2 � $3'�
�Ballard to Downtown(Denny)Light Rail � $6 � $38
hfVestSeattletoDowntownSeatNeLightRatl � $7 � $32 •
�CDM to Federal Way Light Rail � $3 � $20
�ederel WaytoTacoma UghtRail � $10 � $31.
�ynnwoodtoEverettLightRail � $13 � $49
edmond Tech.Ctr.m SE Redmond to DT Redmond Light Rail� $17 � $84
�5.Kiiicland to Issaquah Light Rafl � • $20 � $141 �.
�faroma Link Extension to Tacoma Community College � $7 � $22
�145th and SR 522 Bus Rapid Trensit ' � $11 � $100
p-405 Bus Rapid Transit � $il � $81
�Sounder Expansion to DuPont � $46 � $173
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IUW to Everett � 73 min* 60 min•. ' S3 minw 7 min
�Seattle to Mariner P&R � 55 min � 52 min* I 41 min I 11 min
�Bellevueto Ballard � 70 min* � 58 min• ( 36 min' � 2Z min
�UW to WertSeattie � 30 min* I 37 mfn' � 23 min � 14 min
�Believueto Issaquah � 25 min � 28 min I 18 min � 10 min �
�Federal Way to Stadium I 61 min* I 56 min` I 44 min• I 12 min
�l'acomato Airport � 44 min � 50 min � 33 mtn � 17 min �
`requfres 1 transfer(transfertfines notinciuded) .
5 .
3
COMMITTEE OF THE WHOIE �Pp'�IO��� ��
COMMITTEE REPORT C�"�'1� GQUNC��
c�li��L°/(0
June 13, 2016 �at'� �
I Regional Fire Authority Agreements and Legislation
(June 6, 2016)
The Committee of the Whole recommends concurrence in the staff recommendation to
approve the ordinance adding Chapter 2-21 RMC, Renton Regional Fire Authority And Fire
Department, in order to acknowledge the Renton Regional Fire Authority, designate the
department and fire chief, and create a framework for filling the City's three positions on the
Renton Regional Fire Authority Governing Board.
The Committee further recommends that the ordinance regarding this matter be presented
for first reading.
�
�andy Corman, Council President
cc: Shane Moloney
�
"�rr�'' �rrM►
FINANCE COMMITTEE REPORT
����������;
June 13, 2016 ;��� ������
.� /�3�Zol�P
��4-��a�>_ (
APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
The Finance Committee approves for payment on June 13, 2016 claims vouchers 347373 —
347698, 3 wire transfers and 1 payroll run with benefit withholding payments totaling
$3,465,383.49 and payrol) vouchers including 754 direct deposits and 50 payroll checks totaling
$1,606,084.84.
�
��,
Don sson, Chair
Ar�o Pavone, Vice-Chair
Ruth Perez, I�'lember
✓
FINANCE COMMITTEE ��'���������
COMMITTEE REPORT �CIT� G�
����_..��° �' �'� �
..�
June 13, 2016
I 2016 Renton Farmers Market King Conservation Grant— Marketing and Promotion
(May 9, 2016)
The Finance Committee recommends concurrence in the staff recommendation to authorize
the Mayor and City Clerk to enter into the interlocal agreement with King Conservation District
to accept $10,500 in grant funds with spending authority for the 2016 Renton Farmers Market.
�
Don Persson, Chair �
Armondo Pavone, Vice Chair
1 . ,.
�'�V
Ruth Pere`�, Member
cc: Casey Stanley, Neighborhoods, Resources and Special Events Manager
Carrie Olson, Farmers Market Administrator
Jennifer Jorgenson,Administrative Secretary I
✓
FINANCECOMMITTEE �����'"`��°�� ��
COMMITTEE REPORT ��� �'�"�'`�����
��3�.�����'�
June 13, 2016
� Sunset Revitalization Latecomers Area Boundaries and Assessment Methodology
(May 23, 2016)
The Finance Committee recommends concurrence in the staff recommendation to approve the
resolution establishing the boundaries and latecomers assessment methodology for the Sunset
Revitalization Latecomers Area.
The Committee further recommends that the resolution regarding this matter be presented for
reading and adoption.
6?/l,
Don Perss�n, Chair �
Armon v Pavone, Vice Chair
�
� ---
��
Ruth Pere4, Member
✓
COMMUNITY SERVICES COMMITTEE �,��'��3�'°°=� '���
COMMITTEE REPORT ��T� ��������
" ��� .,., �. � l���!�
1une 13, 2016 -
I 2016 Neighborhood Project Grants
(June 6, 2016) �
The Community Services Committee recommends concurrence in the staff recommendation to
approve the two 2016 Neighborhood Project grants and authorize expenditures in the amount
of$3,841.74 from the budgeted 2016 Neighborhood Program Fund.
� .
Caro n Witschi, Chair
d Prince, Vice Chair
/—
n Mclrvin, Member
cc: Kelly Beymer,Community Services Department Administrator
Casey Stanley, Neighborhoods, Resources and Events Manager
Jennifer Jorgenson,Administrative Assistant
✓
Y -r
COMMUNITY$ERVICE$ COMMITTEE 1���-�`���'�-�`�`'�� ��` �
COMMITTEE REPORT
/.,s%8 i � �*,w✓�/`+,i��Rod 8�
� � ��2�
June 13, 2016 � � �
I Maplewood Golf Course Organizational Change
(Referred June 6, 2016)
The Community Services Committee recommends concurrence in the staff recommendation
to authorize the Community Services Golf Course division to implement the re-
organizational change and utilize the approved funds from the 404 Enterprise Fund to cover
the salary and benefits increase.
, �
, ,
l ! /l�'��i� �
Caro n Witschi, Chair
rince, Vice Chair
a
�'
�
��n Mclrvin, Member
cc: Cailin Hunsaker, Parks and Golf Course Director
Q:\COUNCIL\Council Committee Report Drafts\Comm Svcs Com Pending\committee report golf re-org 2016.doc Rev 01/02 bh
V
STAFFRECAP
COUNCI!MEETING REFERRAl.S
6/13/2016
MOTiONS REFERRED i'O ADMiNISTRATiC1N: Piane
Other Requests: None
MOTIONS REFERRED TO COUNCIL COMMITTEE: None*
*The consent agenda items were adopted as presented,with the exception of Items 6.c. and 6.d.(both
related to the HUD CNI Grant)which were removed far separate consideration and adopted as Council
concur.
������ �._._.
~" CITY' t�F
�� � .
��;��=.:
---...�..����rrirr
�1U �., x�,
MINUTES
City Council Regular Meeting
7:00 PM-Monday,June 13,2016
Council Chambers,7th Floor, City Hall–1055 S.Grady Way
CA�!TO C?RDER AND PIEQGE OF Al1.EGiANCE ___ � _
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Piedge af Aliegiance.
ROLL CALL ---_— _---
Caunciimembers Present:
Randy Corman,Cauncil Presiden#
Ryan Mcirvin
Armondo Pavone
Ruth Perez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRAZIVE STAFF PRESENT _
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence 1.Warren, City Attorney
Jason Seth, City Clerk
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Ellen Bradley-Mak, Human Resources& Risk Management Administratar
Jennifer Henning, Planning Director
Jim Seitz,Transportation Systems Director
Deputy Chief Eric Wallgren, Fire & Emergency Services Department
Commander Figaro, Police pepartment
June 13, 2016 REGULAR COUNCIL MEETWG MINUTES
SPECIAL PRESENTATION
a) WSDOT I-405 Ramp Meters: I-405/SR 167 Program Director Kim Henry and WSDOT NW
Region Asst.Traffic Engineer Morgan Balogh provided a brief presentation to Council
regarding the I-405/SR 167 Upcoming Renton area projects.They discussed:
• Ramp metering improvements on I-405 at N. 30th St. and NE 44th St.
• The I-405/SR 167 Direct Connector project.
� The I-405 Renton to Bellevue Express Toll Lanes Project.
• The I-5 Concrete Pavement Rehabilitation Project.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
• Residents were invited to the Renton Farmers Market on Tuesday,lune 14,from 3:00
p.m. until 7:00 p.m. to celebrate the first-ever"2nd Tuesday Food Trucks."
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Will Knedlik, Kirkland,Secretary of the Eastside Transportation Association (ETA),
addressed Council regarding the proposed ST3 project, with respect to Bus Rapid
Transit (BRT) on I-405. He urged Council to consider the fiscal impact of the proposed
ST3 project on the residents of Renton before considering showing support for the
progra m.
CONSENT AGENDA
Items listed on the ConsentAgenda were adopted with one motion,following the listing. At the request
of Councilmember Prince, ConsentAgenda items 6.c. & 6.d. were pulled forseparate consideration.
a) Approval of Council Meeting minutes ofJune 6, 2016. Council Concur.
b) AB-1683 Mayor Law reappointed Mr. Larry Reymann and Mr.Troy Wigestrand to the Parks
Commission for terms expiring on 6/1/2020.Council Concur.
e) AB-1686 Community& Economic Development Department recommended adoption of an
ordinance granting a 10-year franchise agreement with Sprint Communications Company L.P.
as a purveyor of broadband telecommunication services within the City of Renton. Refer to
Utilities Committee.
f) AB-1679 Transportation Systems Division recommended approval of Addendum No. 1 to
CAG-15-089 with KPG, P.S., in the amount of$423,539.18,for the Rainier Ave. S Project-
Phase 4. Refer to Transportation (Aviation)Committee.
g) AB-1680 Utility Systems Division recommended approval of an Engineering Consultant
Agreement with Stantec Consulting Services, Inc. in the amount of$313,700,for the Thunder
Hills Sanitary Sewer Replacement Project-design and construction services. Refer to Utilities
Committee.
June 13, 2016 REGULAR COUNCIL MEETING MINUTES
h) AB-1582 Utility Systems Division recommended appraval af Amendment#1 to CAG-13-Q09,
between King County and the City af Renton for the Cedar River Grave! Remova! Project
providing far a revised total af$13,171,131 in non-matching funding to the City of Renton to
fund all costs related to the project. Refer ta Utilities Committee.
Mt}VED BY CORMAN,SECONDED SY PAVCINE,COUNCII CONCUR TO APPRCiVE
THE CONSENT AGENDA MINUS ITEMS 6.C.AND 6.D.CARRIED.
ITEM 6.C. &6.D. -SEPARATE CONSIQERATION _
c) AB-1684 Community& Economic Development Department recommended waving
development and mitigation fees in the amount of$1,179,416 for three Sunset Area
Transformatian Plan housing prajects with a total af 133 housing units.�e#e��g-8r
.Cauncil Concur.
dj AB-1685 Community& Ecanamic Develapment Department recammended adopting a
resolutian autharizing an applicatian and Memarandum af Understanding for a HUD Choice
Neighborhoods Implementatian Grant far up to$30 million for tt�e Sunset Area
Transfarmatian Plan. Council Concur.
MOVED BY PRINCE,SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEMS 6.C.AND 6.D. A5 COUNCIL CONCUR.
UNFINISHEQ BUSINE55 _.^_ _
aj Cauncil President Corman presented a repart recommending concurrence in the staff
recomrr►endatian ta approve the ordinance adding Chapter 2-21 RMC, Renton Regional Fire
Authority And Fre Department, in order to acknowledge the Renton Regional Fire Authority,
designate the department and fire chief,and create a framework for filling the City's three
positions on the Renton Regional Fire Authority Gaverning Board.The Committee further
recommended that the ordinance regarding this matter be presented for first reading. (See
betow for�rdinance.)
MOVED BY CORMAN,SECONDED BY PAVONE, CUUNCIL CONCUR iN THE
COMMiTTEE RECC3MMENDATiON.CARRIED.
b) Finance Committee Chair Perssan presented a repart recommending appraval for payment on
June 13,2016 clams vouchers 347373 -347698,three wire transfers and one payroll run with
benefit withholding payments totaling$3,465,383.49 and payrall vouchers including 754 direct
deposits and 50 payroll checks totaling$1,606,084.84.
Mt�VED BY PER55C?N,SECONDED BY PAVC?NE,COUNCIL CONCUR IN TNE
COMMlTfEE RECC?MMENDATION.CARRIED.
c) Finance Cammittee Chair Persson presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to enter into the interiocal agreement
with King Conservation District to accept$10,500 in grant funds with spending authority far the
2036 Rentan Farmers Market.
MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
June 13, 2016 REGULAR COUNCIL MEETING MINUTES
d) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve the resolution establishing the boundaries and latecomers
assessment methodology for the Sunset Revitalization Latecomers Area.The Committee further
recommended that the resolution regarding this matter be presented for reading and adoption.
(See below for Resolution.J
MOVED BY PERSSON,SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Community Services Committee Chair Witschi presented a report recommending concurrence in
the staff recommendation to approve the two 2016 Neighborhood Project grants and authorize
expenditures in the amount of$3,841.74 from the budgeted 2016 Neighborhood Program Fund.
MOVED BY WITSCHI,SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
f) Community Services Committee Chair Witschi presented a report recommending concurrence in
the staff recommendation to authorize the Community Services Golf Course division to
implement the re-organizational change and utilize the approved funds from the 404 Enterprise
Fund to cover the salary and benefits increase.
MOVED BY WITSCHI, SECONDED BY PRINCE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
g)
�rpc'ant�tinn nf^r��� rt�.-��..�.+L,' �t+ f F' � ,J'
��a a pa.,.s Item removed,to be
considered at a later date.
LEGISLATION
Resolution:
a) Resolution No.4289:A resolution was read authorizing the Mayor and City Clerk to establish
the Boundaries and Latecomers Assessment Methodology for the Sunset Revitalization
Latecomers Area.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinances for first reading:
a) Ordinance No. 5805:An ordinance was read amending Title II (Commissions and Boards)of
the Renton Municipal Code, by adopting a New Chapter 2-21, entitled Renton Regional Fire
Authority and Fire Department; and Establishing an Effective Date.
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
June 13, 2016 REGULAR COUNCIL MEETING MINUTES
_., .�.�.�
b} j
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Item removed, to be cnnsidered at a later date.
NEW BUSINE55 _�— -- —_ — --- — -- -
�Please see the attached Council Cammittee Meeting Calendar
EXECU7NE SESSION &ADJOURNMENT __
MOVED BY CORMAN,SECC}NDED BY PAVCINE, COUNCiI RECESS INTO EXECUTIVE
SESSiC}N FQR ARPROXIMATELY 45 MINUTES TO DlSCU5S tABOR NEGC?TIATit?NS
RCW 42.3Q.1A�0(Aj{b)AND POTENTIAL LITIGATION RCW 42.30.110(1)(i)WtTH NQ
OFFICIAI.ACTIC}N TO BE TAKEN AND THAT THE COUNCIL MEETlNG BE ADJOURNED
WHEN THf EXECUTIVE SESSION IS AD1C?URNED.CARRIEQ.TIME 7.40 P.M.
Executive session was conducted.There was no action taken.The executive session and
Cauncil Meeting adjaurned at 8:27 p.m.
/� `
Jason .Seth,CN�;�ity Clerk
Megan Gregar,CMC, Recorder
Monday,June 13, 2016
lune 13, 2016 REGULAR COUNCIL MEETING MINUTES
Council Committee Meeting Calendar
)une 13, 2016
lune 20,2016
Monday
3:30 PM Transportation Committee, Chair Perez - Council Conference Room
1. 31�` St. Bridge Replacement Project, BergerABAM Contract
2. Duvall Ave. NE Improvements Project, Parametrix Contract
3. Duvall Ave. NE Improvements Project, KBA Contract
4. Rainier Ave. S Project, KPG Supplemental Agreement
5. Emerging Issues in Transportation
4:30 PM Utilities Committee, Chair Mclrvin - Council Conference Room
1. Thunder Hills Sanitary Sewer Interceptor Replacement Project Contract
2. Cedar River Gravel Removal Project Agreement Amendment
3. Sprint Franchise Agreement
5:30 PM Committee of the Whole, Chair Corman - Council Chambers
1. Evergreen Treatment Services Briefing
2. Neighborhood Program
3. King County Comprehensive Plan Briefing
4. Regional Fire Authority Interlocal Agreement
5. Regionallssues
JUN 13, 2016 - CITY COUNCIL REGULAR MEETING - MOTION SHEET
Agenda
Placement
Agenda Section Title/Item Motion Staff Contact Interested Parties
6.a) CONSENT
AGENDA
Approval of Council Meeting minutes of June 6, 2016. COUNCIL CONCUR Jason Seth Megan Gregor
6.b) CONSENT
AGENDA
AB - 1683 Mayor Law reappointed Mr. Larry Reymann and
Mr. Troy Wigestrand to the Parks Commission for terms
expiring on 6/1/2020.
COUNCIL CONCUR April Alexander Sandi Weir
6.e) CONSENT
AGENDA
AB - 1686 Community & Economic Development
Department recommended adoption of an ordinance
granting a 10-year franchise agreement with Sprint
Communications Company L.P. as a purveyor of broadband
telecommunication services within the City of Renton.
REFER TO UTILITIES
COMMITTEE
Amanda Askren Cindy Moya
6.f) CONSENT
AGENDA
AB - 1679 Transportation Systems Division recommended
approval of Addendum No. 1 to CAG-15-089 with KPG, P.S.,
in the amount of $423,539.18, for the Rainier Ave. S Project
- Phase 4.
REFER TO
TRANSPORTATION
(AVIATION)
COMMITTEE
Derek Akesson Jim Seitz
Bob Hanson
Heather Ulit
Li Li-Wong
6.g) CONSENT
AGENDA
AB - 1680 Utility Systems Division recommended approval
of an Engineering Consultant Agreement with Stantec
Consulting Services, Inc. in the amount of $313,700, for the
Thunder Hills Sanitary Sewer Replacement Project - design
and construction services.
REFER TO UTILITIES
COMMITTEE
Dave
Christensen
Lys Hornsby
Hai Nguyen
Teresa Phelan
Li Li-Wong
6.h) CONSENT
AGENDA
AB - 1682 Utility Systems Division recommended approval
of Amendment #1 to CAG-13-009, between King County and
the City of Renton for the Cedar River Gravel Removal
Project providing for a revised total of $13,171,131 in non-
matching funding to the City of Renton to fund all costs
related to the project.
REFER TO UTILITIES
COMMITTEE
Hebé Bernardo Lys Hornsby
Ron Straka
Teresa Phelan
Li Li-Wong
6.c) ITEM 6.C. & 6.D. -
SEPARATE
CONSIDERATION
AB - 1684 Community & Economic Development
Department recommended waving development and
mitigation fees in the amount of $1,179,416 for three Sunset
Area Transformation Plan housing projects with a total of
133 housing units. Refer to Planning & Development
Committee.
COUNCIL CONCUR Mark Santos-
Johnson
Cliff Long
6.d) ITEM 6.C. & 6.D. -
SEPARATE
CONSIDERATION
AB - 1685 Community & Economic Development
Department recommended adopting a resolution
authorizing an application and Memorandum of
Understanding for a HUD Choice Neighborhoods
Implementation Grant for up to $30 million for the Sunset
Area Transformation Plan. Refer to Planning & Development
Committee.
COUNCIL CONCUR Mark Santos-
Johnson
Cliff Long
Sandi Weir
7.a) UNFINISHED
BUSINESS
Council President Corman presented a report
recommending concurrence in the staff recommendation to
approve the ordinance adding Chapter 2-21 RMC, Renton
Regional Fire Authority And Fire Department, in order to
acknowledge the Renton Regional Fire Authority, designate
the department and fire chief, and create a framework for
filling the City’s three positions on the Renton Regional Fire
Authority Governing Board. The Committee further
recommends that the ordinance regarding this matter be
presented for first reading.
COUNCIL CONCUR
IN THE COMMITTEE
RECOMMENDATION
Shane Moloney Stephanie Rary
Cindy Moya
7.b) UNFINISHED
BUSINESS
Finance Committee: Chair Persson presented a report
recommending approval for payment on June 13, 2016
clams vouchers 347373 - 347698, three wire transfers and
one payroll run with benefit withholding payments totaling
$3,465,383.49 and payroll vouchers including 754 direct
deposits and 50 payroll checks totaling $1,606,084.84.
COUNCIL CONCUR
IN THE COMMITTEE
RECOMMENDATION
Jamie Thomas Natalie Wissbrod
7.c) UNFINISHED
BUSINESS
Finance Committee: Chair Persson presented a report
recommending concurrence in the staff recommendation to
authorize the Mayor and City Clerk to enter into the
interlocal agreement with King Conservation District to
accept $10,500 in grant funds with spending authority for
the 2016 Renton Farmers Market.
COUNCIL CONCUR
IN THE COMMITTEE
RECOMMENDATION
Carrie Olson Casey Stanley
Jennifer Jorgenson
7.d) UNFINISHED
BUSINESS
Finance Committee: Chair Persson presented a report
recommending concurrence in the staff recommendation to
approve the resolution establishing the boundaries and
latecomers assessment methodology for the Sunset
Revitalization Latecomers Area. The Committee further
recommends that the resolution regarding this matter be
presented for reading and adoption.
COUNCIL CONCUR
IN THE COMMITTEE
RECOMMENDATION
Larry Warren Stephanie Rary
Sandi Weir
7.e) UNFINISHED
BUSINESS
Community Services Committee Chair Witschi presented a
report recommending concurrence in the staff
recommendation to approve the two 2016 Neighborhood
Project grants and authorize expenditures in the amount of
$3,841.74 from the budgeted 2016 Neighborhood Program
Fund.
COUNCIL CONCUR
IN THE COMMITTEE
RECOMMENDATION
Casey Stanley Kelly Beymer
Jennifer Jorgenson
7.f) UNFINISHED
BUSINESS
Community Services Committee Chair Witschi presented a
report recommending concurrence in the staff
recommendation to authorize the Community Services Golf
Course division to implement the re-organizational change
and utilize the approved funds from the 404 Enterprise Fund
to cover the salary and benefits increase.
COUNCIL CONCUR
IN THE COMMITTEE
RECOMMENDATION
Kelly Beymer Cailin Hunsaker
Janna Dinkelspiel
8.a) Resolution: Resolution No. 4289: A resolution was read authorizing the
Mayor and City Clerk to establish the Boundaries and
Latecomers Assessment Methodology for the Sunset
Revitalization Latecomers Area.
COUNCIL ADOPT
THE RESOLUTION
AS READ
Larry Warren Stephanie Rary
Sandi Weir
8.a) Ordinance for
first reading:
Ordinance No. 5805: An ordinance was read amending Title
II (Commissions and Boards) of the Renton Municipal Code,
by adopting a New Chapter 2-21, entitled Renton Regional
Fire Authority and Fire Department; and Establishing an
Effective Date.
COUNCIL REFER THE
ORDINANCE FOR
SECOND AND FINAL
READING AT THE
NEXT COUNCIL
MEETING
Shane Moloney Stephanie Rary
Cindy Moya
�����
.. � /� �/��
�WSDOT JUNE 2016
Weekend lane reductions on southbound I-5 in SeaTac,
Des Moines and Tukwila planned in July and August
ections of southbound I-5 in south King County will be —!"�—" s, � �
reduced to two lanes on five weekends this summer �
as part of a major concrete rehabilitation and ex ansion �! Expansionjoints �
p "" and, .. , `T;
drainage repair h � "?
joint replacement project. �, =�
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e���� � ,
• July 8-11, 15-18,22-25: Southbound I-5 between � �''"""° �
South 188th Street in SeaTac and South 219th Street 99 0
in Des Moines, repaving 2.7 miles. 51801hn SW„b�
5,BBtl�S�
• August 12-15, 19-22: Southbound I-5 in Tukwila, replacing Panel replacement 18
and crack,seat
expansion joints on the southbound Duwamish River Bridge andoverlay #
and drainage repairs near the I-5/I-405 interchange. Sz,fi�^� j -�--�— �
� !
• Lane reductions will start at 8 p.m. Fridays and end �
by 5 a.m. Mondays � Ken!
• All weekend work is weather-dependent. ; '
� ,;
....:sz�z�asc
Why weekend-long lane reducfions? �___�=�-
Most work on this project is being done during overnight lane ' SZ�� � _�
;�,
reductions. However, weekend lane reductions allow the time o 0
FadaralWay 1
and space needed to replace expansion joints and concrete panels. S,Za„5, o t--�
� � � �----�� ��.
What other work does this project include? N o _ _
In addition to the weekend work, overnight work includes: CONTACT INFORMATION
• Replacing concrete panels. Tom Pearce
WSDOT Communications
• Smoothing ruts with diamond grinding. 206-440-4696
• Repaving five ramps. pearcet@wsdot.wa.gov
• Repairing dowel bar panel fies. Mike Askarian
Project Engineer
For more information, 206-768-5861
go to www.wsdot.wa.gov and search for SB I-5 320th. askarim@wsdot.wa.gov
Americans with Disabilities Act(ADA) Information: This material can be made available in an alternate format by emailing the Office of Equal Opportunity at wsdotada@
wsdot.wa.gov or by calling toll free, 855-362-4ADA(4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711.
TiNe VI Notice to Public:It is the Washington State Department of Transportation's(WSDOT)policy to assure that no person shall,on the grounds of race,color,national origin or sex,
as provided by Title Vl of the Civil Rights Act of 1964,be excluded from participation in,be denied the benefits of,or be otherwise discriminated against under any of its federally funded
programs and activities.Any person who believes his/her Title VI protection has been violated,may file a complaint with WSDOT's Office of Equal Opportunity(OEO).For additional
information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations,please contact OEO's Title Vl Coordinatorat(360)705-7082. '
16-06-0229
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�
� WSDOT
1 -40 5/S R 16 7 U d a
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Upcoming Renton area pro ' ects
J
Renton City Council Committee of the Whole
June 13, 2016
Kim Henry, P.E. Morgan Balogh, P.E.
I-405/SR 167 Program Director WSDOT Northwest Region Assistant Traffic Engineer
Overview
• Ramp metering improvements on I-405
• N . 30th Street
• NE 44th Street
• I-405/SR 167 Direct Connector project
� I-405 Renton to Bellevue Express Toll Lanes project
• Direct access ramp at NE 44th Street
• I-5 Concrete Pavement Rehabilitation Project
� .
Ram meterin on 1-405
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• Ramp meters are a proven tool used to: �� - ---
..�
• Reduce collisions
• Reduce congestion and improve travel times _,� y� � � � �
4_ � r�"' „
• The City of Renton has expressed concerns �_ �� ; • �2�� ;, ��"
.�
about ramp meter queues impacting city streets �. .y�� �;�y�
..�.. ���
x � �' : "� �
• To improve traffic flow, WSDOT will soon make �►►, � ��� �
� �
improvements to the ramp meters at the N. 30th . ���� � .
Street and NE 44th Street interchanges.
-�.�� � -
� .
Ramp Meter Improvements at N. 30th Street
Scope
• Widen on-ramp to northbound I-405 to add an additional lane,
which will be used during ramp meter operations
• This will double the amount of vehicle storage on the ramp
• Add a retaining wall on the right side of the ramp
• Upgrade ramp metering equipment
• Change HOV ramp meter bypass lane to a bus-only shoulder
Timeline
• Contract ad date: July 2016
• Contract award date: August 2016
• Estimated open to traffic: Fall 2016
� .
Ram p Meter 1 m provements at N E 44th Street
Scope
• Restripe ramp and relocate ramp meter further down the ramp
• Upgrade ramp metering equipment to allow two lines of vehicles
to fo rm
• These changes will increase vehicle storage by nearly 4x
• Interim solution until full interchange rebuild (part of Renton to
Bellevue project) is complete in 2024
Timeline
• Contract ad date: July 2016
• Contract award date: August 2016
• Estimated open to traffic: Fall 2016
� .
Other Upcoming Projects in Renton Area
Proposed changes at SR 169/Sunset Bivd N/Southbound I-405 area:
• Add double left turn lane on westbound SR 169 to southbound I-405
on-ramp
o Restriping, signage/signalization changes needed
o Widening needed at south leg of intersection
• Reconfigure SR 169 on-ramp to southbound I-405 from a two-lane
meter with an HOV bypass to a three-lane ramp meter
o Restriping and ramp meter modifications needed
Next steps
• WSDOT agrees with proposed improvements
• City of Renton pursues funding and design/construction of
improvements
� .
Next Major 1-405 Projects
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Award design/
build oonVad ppg�bp}ra�
��♦ ' .,
Start coMrect Open Renton to Bellevue
1�05 Renton to Bellevue procuremint Express Toll Lanes
Widening and ETL - . : - ♦
$1.22 billion ..� . � �� �
..- •i •i � .".— � . �
. . . •• . �. .� — — � � � ���
� v —
Need aux lanes early to address
I�t05/NE 132nd "take away'concems
Interchange '
$75 million • • � • • ♦
SR 520/NE 124th
Interchange ��♦ ♦
$40.9 million • � .
New SR 527 to I-5 NB HSR ♦�♦
$30 million
New SR 520 to NE 70th ST ♦�♦
NB Aux Lane
$15 million
� Program Savings (Nickel/TPA)
� CWA Funding
� Funded by Toll Revenue
� •
Y,:
Sta e 1 : 1-405/SR 167 Direct Connector
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Project Description: �"�""� � �� .��
.. ..;. . . ��� `���p�-�-�~�' ,.'
Builds a new flyover ramp connecting the �� ��- � �� �-�,�
SR 167 HOT lanes to the I-405 HOV lanes. ,._� . _��� •�� � `�
Also relocates a noise wall and constructs f��` -- � � �-�� �- \�� � ` -'"�-` �
`` �� ��..�- ��` ��,�,,;��.-�
portions of local streets in the Talbot Hill ������ �
.� , �'.
.:�
_ .� �' � .,
nei hborhood. �� � �'' �� "'�� �` � � �,
9 . � :� �
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Updates: �,� '� � � '� �
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• Early June: Guy F. Atkinson Construction , ./` ` js . * �- 4f.��..}: - -
� � y � .�� .�
of Renton submitted apparent best value . � ' - � �,�� ., uK, � �' .
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proposal of $115.9 million °� �-,,�, i,, '
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. "�';s�'..� '''..�a.�S+ .�u:..ic: ��
♦'�J i..,r . .,
• Mid-June: Sanitary sewer relocation at
South 14th Street (Talbot Hill) starts
• August: Olympic Pipeline relocation
expected to start
� Late summer 2016: Direct Connector
construction scheduled to start
. .
Stage 2: Renton to Bellevue Widening and
Express Toll Lanes
Project Description: �
Builds one additional lane from NE 6t" Street to "�?
SR 167, paired with the existing HOV lane, to � � �
complete a 40-mile express toll lane system. ��ke ��5t
Washingfon
�t Bellevue
Environmental �
— Environmental assessment re-evaluation in
� �
progress
— Open houses and community briefings planned .,
for summer/fall 2016
Preliminary Engineering
��
— Started July 2015 � \\
ReMon'
l_ �
Construction �,�
— Scheduled to start in 2019 � '�
�
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_ �
,
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Direct Access Ramp at NE 44th Street
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ro oses for NE 44th : � .. �
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• Direct access ramps OR •� - � � � � � � � � � � � � � �
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Inline station in center of freeway � - _ ��
• Parkin for transit users ���- ���:. �� �
9 .,.�_ � . ,,�,,,�
Estimated 30% of existing on-ramp � --��"ry '
k.� � �
traffic would move to Direct Access �"�� =
. �..F . - �. �
ramps during peak periods
� .
1-5 Concrete Pavement Rehabilitation Pro'ect
J
I-5: Southbound S. 320th Street to _ ��"���"�= RA `�
.�.....�- �. �
Duwam ish River Bridge Concrete �-�
Pavement Rehabilitation ;,
� ,
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Rehabilitating nearly 13 miles of southbound I-5 ��
• Southbound I-5 will be reduced to two lanes � - re A
�
during several weekends this summer �"'��~---
. _.._._ *
(10 p.m. Fridays to 5 a.m. Mondays): �`�
• July 8-11 , 15-18 and 22-25 — Repaving 2.7 � ���� �� ����kr,; _ �--� �
miles in SeaTac, Des Moines ►
-- .:.
• Aug. 12-15 and 19-22 — Replacing expansion
.---- _.
�,.,.__ .,,s,,,.
_ _
joints on SB I-5 Duwamish River Bridge and � � ��
.
-.�� .��. .
concrete panels - =��` ---�"' .
���
.
Expect congestion from 9 a.m. to 9 p.m. ��� ��
Saturdays and Sundays
• Encouraging drivers to use alternatives
• Summer 2017: Estimated project completion
Project website:
www.wsdot.wa.qov/proiects/i5/sbs320thpvmtrehab/
� .
Contact Us
Kim Henry, P.E.
I-405 Project Director
425-456-8579 or HenrvK�wsdot.wa.qov
Morgan Balogh, P.E.
WSDOT Northwest Region Assistant Traffic Engineer
206-410-0001 or BaloahM(a�wsdot.wa.Qov
� �